Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

National gender equality policy. The Committee notes the Government’s indication that no major progress has been made with regard to the participation of women in the labour market and in training programmes. The Committee notes that, according to the Household Survey 2007–08, women account for 38 per cent of the economically active population and work mainly as street traders and service workers (22.59 per cent of women), sales assistants and market traders (20.04 per cent) and office workers (19.6 per cent).

The Committee notes the cooperation agreement concluded between the Ministry of Social Development and the Ministry of Labour (MITRADEL) in 2008 with the aim of promoting the incorporation of the gender perspective in the economy. It notes the creation under that agreement of the Committee on Gender and Employment and the plan to establish an Office for Gender and Employment responsible for providing advice on matters relating to equal opportunities for men and women in employment, raising the awareness of civil society of this issue and carrying out research, studies and evaluations on this matter. It also notes Act No. 71 of 23 December 2008 which creates the Women’s Institute with the aim of coordinating and implementing national policy on equal opportunities for women. The Committee requests the Government to provide information on the activities carried out by the above institutions, especially with regard to the reduction of the occupational segregation of women in the labour market and the elimination of stereotypes which continue to hinder the access of women to occupations traditionally performed by men and vice versa, and on their impact. The Committee also requests the Government to continue providing statistical information on the employment situation of men and women and their distribution in the various occupations and economic sectors.

Vocational training. The Committee notes that, according to the report prepared by the National Institute of Vocational Training for Human Development (INADEH), the segregation of the labour market is reflected in the participation of women in vocational training courses relating to the jobs traditionally performed by women, namely trade and services. The Committee also notes that the situation is similar at the university level, where the majority of women are enrolled on “feminine” courses, such as nursing and education. However, the Committee notes that, according to the INADEH report, women are making incursions into non-traditional jobs in areas such as civil construction and electricity and electronics. The Committee also notes the INADEH outreach programme which has facilitated the participation of women in training courses, especially those with family commitments. The Committee requests the Government to continue providing information on the participation of men and women in the various training courses and to indicate the measures taken or envisaged to promote their participation in courses relating to areas of work in which they are traditionally under-represented.

Sexual harassment. The Committee notes the Government’s indication that the General Directorate of Labour Inspection has not received any reports of cases of sexual harassment. The Committee asks the Government to consider implementing training and awareness-raising programmes on the issue of sexual harassment, in cooperation with the social partners, targeting all actors involved, including judges, lawyers, labour inspectors and other bodies responsible for enforcing the relevant regulations. Please also continue providing information on any cases of sexual harassment referred to the courts, including with the support of the judicial body’s Unit for Access to Justice and Gender, or noted by labour inspectors, the measures taken and the penalties imposed.

Equality of opportunity and treatment irrespective of race and colour. Noting the development of the National Plan of Action for the Full Inclusion of Ethnic Blacks, the Committee requests the Government to provide information on the measures taken under that plan to promote equality of opportunity and treatment of the Afro-Panamanian population in employment and occupation.

Indigenous women. The Committee notes that, according to the fourth national report on the situation of women in Panama (2002–07), the situation of indigenous women is serious since their low level of education on average prevents them from accessing activities which generate sufficient income to provide them with a decent standard of living. The Committee requests the Government to take the necessary measures to increase the level of education of indigenous women and promote their access to greater educational and vocational opportunities, in accordance with their own aspirations.

Persons with disabilities. The Committee notes the various initiatives carried out by the Department for the Socio-economic Integration of Persons with Disabilities relating to training within state institutions and raising the awareness of employers’ associations with a view to promoting the socio-economic integration of persons with disabilities. The Committee notes, in particular, that the above Department has established legal and administrative mechanisms for the imposition of penalties on companies employing over 50 workers which fail to comply with the requirement that at least 2 per cent of their workforce shall be persons with disabilities, in accordance with the provisions of Act No. 42 of 27 August 1999. The Committee also notes that, according to the Government’s report, between 2006 and September 2008, more than 105 persons with disabilities found employment. The Committee requests the Government to provide information on the penalties applied to companies by means of the mechanisms recently established. The Committee also requests the Government to continue providing information on the impact of the measures taken by the Department for the Socio-economic Integration of Persons with Disabilities on the access of persons with disabilities to employment and training. Please also provide information on the results of the National Strategic Plan for the Social Inclusion of Persons with Disabilities (2005–09).

Part V of the report form. The Committee reiterates its request for information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and private sectors, disaggregated by sex, race, ethnic origin, age, class and other variables.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the communication sent by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the risk of public servants being dismissed because of their political opinions in connection with elections. The Committee notes that it has not yet received the Government’s observations in reply to these comments. However, the Committee recalls that FENASEP had already raised the problem of discrimination on political grounds in its previous communications and the Committee addressed that matter in its previous observations.

Discrimination based on political opinion. In its previous comments, the Committee noted a communication from FENASEP in 2001, in which it indicated that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. In its 2008 observation, the Committee noted another communication sent by FENASEP, received on 7 October 2008 and sent to the Government on 13 October 2008, which pointed out the lack of progress made in the work of the bipartite commission comprising officials of the Ministry of Labour (MITRADEL) and FENASEP aimed at reinstating the persons concerned. The Committee notes the Government’s indication in its report that the majority of leaders dismissed were reinstated in their posts or appointed to the various state bodies. The Committee also notes that in May 2008, the Government issued the necessary instructions for all public servants working under a contract with government bodies to be made permanent so that they would be able to enter the administrative career system. The Committee hopes that the Government will make every effort to prevent the recurrence of similar cases of discrimination based on political opinion and requests it to provide information on the measures taken or envisaged to that end. The Committee also requests the Government to continue its efforts through the above bipartite commission, to solve the cases of dismissal based on political opinion which are still pending.

Administrative career system. The Committee recalls that the Government re-established the administrative career system to integrate public servants into the system in order to protect them from political pressure. The Committee notes that, according to the Government’s report, Act No. 9 of 20 June 1994 which establishes and regulates the administrative career system was amended by Act No. 24 of 2 July 2007 and Act No. 14 of 28 January 2008 with the result that from 30 April 2008, the special procedure for entry into the administrative career system could no longer be used and the only way of entering the public administration was the regular procedure by means of competitive examination. The Committee notes the Government’s indication that the aim of this amendment was to eliminate the possibility of appointing political officials to administrative career posts on a discretionary basis. The Committee also notes that according to the provisions of section 136 of Act No. 9, as amended by the above Acts, the stability of employment of career public servants is dependent, inter alia, on their effective, productive, honest, efficient and responsible performance. The Committee also notes that section 5 of Executive Decree No. 44 of 11 April 2008 stipulates that the administrative career system shall promote the occupation of all public posts by public servants who stand out for their suitability, competence, loyalty, morals and honesty. The Committee requests the Government to provide information on the application in practice of section 136 of Act No. 9 and section 5 of Executive Decree No. 44, particularly concerning the interpretation of the requirement of loyalty from public servants, including information on any court decisions handed down in this regard. The Committee also requests the Government to provide information on the percentage of public servants who have been integrated into the administrative career system through the special entry procedure in accordance with section 67 of Act No. 9.

Gender-based discrimination. The Committee refers to its previous comments in which it considered communications received from FENASEP concerning cases of the dismissal of women on the grounds of maternity or pregnancy. The Committee notes the Government’s indication that the women were employed under fixed-term contracts and that they were removed from their posts simply because the period for which they had been recruited came to an end. The Committee notes that in its 2008 communication, FENASEP refers to new cases of the dismissal of women who were pregnant or on maternity leave by the National Bank of Panama. The Committee also notes that the United Nations Human Rights Committee expressed concern at the practice of requiring pregnancy tests as a condition for access to employment (CCPR/C/PAN/CO/3, 17 April 2008, paragraph 16). The Committee urges the Government to take the necessary measures to prevent discrimination on the ground of pregnancy, especially with regard to access to employment and job security and to ensure that temporary contracts are not used as a means to discriminate against woman based on pregnancy. The Committee also requests the Government to provide information on the measures taken or envisaged in the context of its equality policy to ensure that women on temporary contracts do not find themselves in situations where they are vulnerable to discrimination on the basis of pregnancy.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

National gender equality policy. The Committee notes the Government’s indication that no major progress has been made with regard to the participation of women in the labour market and in training programmes. The Committee notes that, according to the Household Survey 2007–08, women account for 38 per cent of the economically active population and work mainly as street traders and service workers (22.59 per cent of women), sales assistants and market traders (20.04 per cent) and office workers (19.6 per cent).

The Committee notes the cooperation agreement concluded between the Ministry of Social Development and the Ministry of Labour (MITRADEL) in 2008 with the aim of promoting the incorporation of the gender perspective in the economy. It notes the creation under that agreement of the Committee on Gender and Employment and the plan to establish an Office for Gender and Employment responsible for providing advice on matters relating to equal opportunities for men and women in employment, raising the awareness of civil society of this issue and carrying out research, studies and evaluations on this matter. It also notes Act No. 71 of 23 December 2008 which creates the Women’s Institute with the aim of coordinating and implementing national policy on equal opportunities for women. The Committee requests the Government to provide information on the activities carried out by the above institutions, especially with regard to the reduction of the occupational segregation of women in the labour market and the elimination of stereotypes which continue to hinder the access of women to occupations traditionally performed by men and vice versa, and on their impact. The Committee also requests the Government to continue providing statistical information on the employment situation of men and women and their distribution in the various occupations and economic sectors.

Vocational training. The Committee notes that, according to the report prepared by the National Institute of Vocational Training for Human Development (INADEH), the segregation of the labour market is reflected in the participation of women in vocational training courses relating to the jobs traditionally performed by women, namely trade and services. The Committee also notes that the situation is similar at the university level, where the majority of women are enrolled on “feminine” courses, such as nursing and education. However, the Committee notes that, according to the INADEH report, women are making incursions into non-traditional jobs in areas such as civil construction and electricity and electronics. The Committee also notes the INADEH outreach programme which has facilitated the participation of women in training courses, especially those with family commitments. The Committee requests the Government to continue providing information on the participation of men and women in the various training courses and to indicate the measures taken or envisaged to promote their participation in courses relating to areas of work in which they are traditionally under-represented.

Sexual harassment. The Committee notes the Government’s indication that the General Directorate of Labour Inspection has not received any reports of cases of sexual harassment. The Committee asks the Government to consider implementing training and awareness-raising programmes on the issue of sexual harassment, in cooperation with the social partners, targeting all actors involved, including judges, lawyers, labour inspectors and other bodies responsible for enforcing the relevant regulations. Please also continue providing information on any cases of sexual harassment referred to the courts, including with the support of the judicial body’s Unit for Access to Justice and Gender, or noted by labour inspectors, the measures taken and the penalties imposed.

Equality of opportunity and treatment irrespective of race and colour. Noting the development of the National Plan of Action for the Full Inclusion of Ethnic Blacks, the Committee requests the Government to provide information on the measures taken under that plan to promote equality of opportunity and treatment of the Afro-Panamanian population in employment and occupation.

Indigenous women. The Committee notes that, according to the fourth national report on the situation of women in Panama (2002–07), the situation of indigenous women is serious since their low level of education on average prevents them from accessing activities which generate sufficient income to provide them with a decent standard of living. The Committee requests the Government to take the necessary measures to increase the level of education of indigenous women and promote their access to greater educational and vocational opportunities, in accordance with their own aspirations.

Persons with disabilities. The Committee notes the various initiatives carried out by the Department for the Socio-economic Integration of Persons with Disabilities relating to training within state institutions and raising the awareness of employers’ associations with a view to promoting the socio-economic integration of persons with disabilities. The Committee notes, in particular, that the above Department has established legal and administrative mechanisms for the imposition of penalties on companies employing over 50 workers which fail to comply with the requirement that at least 2 per cent of their workforce shall be persons with disabilities, in accordance with the provisions of Act No. 42 of 27 August 1999. The Committee also notes that, according to the Government’s report, between 2006 and September 2008, more than 105 persons with disabilities found employment. The Committee requests the Government to provide information on the penalties applied to companies by means of the mechanisms recently established. The Committee also requests the Government to continue providing information on the impact of the measures taken by the Department for the Socio-economic Integration of Persons with Disabilities on the access of persons with disabilities to employment and training. Please also provide information on the results of the National Strategic Plan for the Social Inclusion of Persons with Disabilities (2005–09).

Part V of the report form. The Committee reiterates its request for information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and private sectors, disaggregated by sex, race, ethnic origin, age, class and other variables.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication sent by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the risk of public servants being dismissed because of their political opinions in connection with elections. The Committee notes that it has not yet received the Government’s observations in reply to these comments. However, the Committee recalls that FENASEP had already raised the problem of discrimination on political grounds in its previous communications and the Committee addressed that matter in its previous observations.

Discrimination based on political opinion. In its previous comments, the Committee noted a communication from FENASEP in 2001, in which it indicated that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. In its 2008 observation, the Committee noted another communication sent by FENASEP, received on 7 October 2008 and sent to the Government on 13 October 2008, which pointed out the lack of progress made in the work of the bipartite commission comprising officials of the Ministry of Labour (MITRADEL) and FENASEP aimed at reinstating the persons concerned. The Committee notes the Government’s indication in its report that the majority of leaders dismissed were reinstated in their posts or appointed to the various state bodies. The Committee also notes that in May 2008, the Government issued the necessary instructions for all public servants working under a contract with government bodies to be made permanent so that they would be able to enter the administrative career system. The Committee hopes that the Government will make every effort to prevent the recurrence of similar cases of discrimination based on political opinion and requests it to provide information on the measures taken or envisaged to that end. The Committee also requests the Government to continue its efforts through the above bipartite commission, to solve the cases of dismissal based on political opinion which are still pending.

Administrative career system. The Committee recalls that the Government re-established the administrative career system to integrate public servants into the system in order to protect them from political pressure. The Committee notes that, according to the Government’s report, Act No. 9 of 20 June 1994 which establishes and regulates the administrative career system was amended by Act No. 24 of 2 July 2007 and Act No. 14 of 28 January 2008 with the result that from 30 April 2008, the special procedure for entry into the administrative career system could no longer be used and the only way of entering the public administration was the regular procedure by means of competitive examination. The Committee notes the Government’s indication that the aim of this amendment was to eliminate the possibility of appointing political officials to administrative career posts on a discretionary basis. The Committee also notes that according to the provisions of section 136 of Act No. 9, as amended by the above Acts, the stability of employment of career public servants is dependent, inter alia, on their effective, productive, honest, efficient and responsible performance. The Committee also notes that section 5 of Executive Decree No. 44 of 11 April 2008 stipulates that the administrative career system shall promote the occupation of all public posts by public servants who stand out for their suitability, competence, loyalty, morals and honesty. The Committee requests the Government to provide information on the application in practice of section 136 of Act No. 9 and section 5 of Executive Decree No. 44, particularly concerning the interpretation of the requirement of loyalty from public servants, including information on any court decisions handed down in this regard. The Committee also requests the Government to provide information on the percentage of public servants who have been integrated into the administrative career system through the special entry procedure in accordance with section 67 of Act No. 9.

Gender-based discrimination. The Committee refers to its previous comments in which it considered communications received from FENASEP concerning cases of the dismissal of women on the grounds of maternity or pregnancy. The Committee notes the Government’s indication that the women were employed under fixed-term contracts and that they were removed from their posts simply because the period for which they had been recruited came to an end. The Committee notes that in its 2008 communication, FENASEP refers to new cases of the dismissal of women who were pregnant or on maternity leave by the National Bank of Panama. The Committee also notes that the United Nations Human Rights Committee expressed concern at the practice of requiring pregnancy tests as a condition for access to employment (CCPR/C/PAN/CO/3, 17 April 2008, paragraph 16). The Committee urges the Government to take the necessary measures to prevent discrimination on the ground of pregnancy, especially with regard to access to employment and job security and to ensure that temporary contracts are not used as a means to discriminate against woman based on pregnancy. The Committee also requests the Government to provide information on the measures taken or envisaged in the context of its equality policy to ensure that women on temporary contracts do not find themselves in situations where they are vulnerable to discrimination on the basis of pregnancy.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication sent by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), received on 7 October 2008 which was sent to the Government on 13 October 2008. The Committee notes that the Government’s report has not been received. The Committee hopes that the Government will make every effort to take the necessary action to submit its report in the near future, including replies to the Committee’s 2007 observation and direct request and comments it may wish to make in reply to the observations made by FENASEP.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. National policy for gender equality. In its previous comments, the Committee noted that section 52 of Decree No. 53 states that, in order to apply the Convention, the Ministry of Labour shall take steps to ensure that enterprises gradually employ at least 50 per cent women in the workforce and keep a detailed record of women who work in the primary, secondary and tertiary sectors. The Committee notes that, in the context of the national policy on equality, the Ministry of Public Works (MOP) and the National Human Development Training Institute (INADEH) conducted training initiatives for women to enable them to take up careers in welding, bricklaying, as mechanics, in road construction and as operators of heavy equipment. The Committee also notes that in 2006, the Ministry of Social Development held human development training modules for more than 300 women in four provinces with the aim of enhancing their skills. The Committee also notes that surveys were conducted into gender-based labour segregation in Panama and on gender and economics, during the first phase of the “Women’s Economic Agenda” project. The Committee requests the Government to continue supplying information on the application of the policy on equality and the impact thereof on the participation of women in the labour market and in training programmes. The Committee also requests the Government to continue supplying information on the measures taken to reduce the occupational segregation of women in the labour market, and in particular to promote their participation in high-level posts.

2. Sexual harassment. In its previous comments, the Committee noted that, in cases of sexual harassment by the employer, fines were liable to be imposed and, in addition, the worker was entitled to terminate the employment relationship while having the right to receive compensation. The Committee suggested that the Government take steps to identify other options which did not involve the termination of the employment relationship. The Government indicated in its report that the Labour Code states that, in cases involving sexual harassment, the employer is authorized to dismiss the person responsible for the harassment and that, consequently, termination of employment is not the only solution available to the worker suffering the harassment. The Committee requests the Government to supply information on the number of complaints of sexual harassment at work and on the manner in which they have been resolved.

3. Sexual harassment. Burden of proof. The Committee notes the Government’s statement regarding the need to review the alternatives available under comparative law to protect victims in cases where they are unable to provide proof of sexual harassment. Taking into account the difficulties encountered by many victims in proving sexual harassment, the Committee welcomes the Government’s initiative and requests it to keep it informed on the progress of the abovementioned studies and any measures taken, for example, to ease the burden of proof and weigh all relevant aspects in cases of complaints of sexual harassment, including the context, evidence and psychological information.

4. Persons with disabilities. The Committee notes the setting up of the Department for the Socio-Economic Integration of Persons with Disabilities. The Committee notes that the purpose of this department is to structure a programme to enhance and promote the interests of workers with disabilities in the labour market. The Committee also notes that information and training activities concerning the rights of disabled persons have been undertaken for the benefit of workers’ organizations, officials of the Ministry of Labour (MITRADEL) and labour inspectors. Moreover, the Committee notes that, as a result of consultation involving the Labour Analysis and Information System (SIAL) and the ILO, the needs of persons with disabilities were integrated into the new employment facilitation software forming part of the general database of the Public Employment Service (SERPE). The Committee also notes the participation of the Government and consultations to support the national plan for the social integration of persons with disabilities. The Committee requests the Government to keep it informed of the measures taken to promote the access of persons with disabilities to training and employment and, in particular, of the work of the Department for the Socio-Economic Integration of Persons with Disabilities. The Committee requests the Government to supply information on the impact of these activities on the access of disabled persons to employment and training.

5. Part V of the report form. Statistics. In its previous comments, the Committee noted that the provisions of Chapter V (Work) of Decree No. 53 state that the coordinating bodies of labour systems or groups protected by special laws must devise studies to identify situations or conditions of inequality, and also systematize and publish statistics disaggregated by sex, race, ethnic origin, age, class and other variables which will be incorporated in national statistics. The Committee notes the Government’s statement that the current system of statistics does not provide information in the manner required by the report form. The Committee requests the Government to supply information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and the private sectors disaggregated by sex, race, ethnic origin, age, class and other variables, and requests the Government to supply all available information in its next report to enable the Committee to evaluate the practical application of the provisions of the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the communication sent by the National Federation of Public Employee Organizations (FENASEP) dated 17 April 2007, which was forwarded to the Government on 24 May 2007. The Committee notes that the communication from FENASEP refers to cases of discrimination based on pregnancy. The Committee also notes the Government’s reply to this communication received on 20 November 2007.

1. Discrimination on political grounds. In its previous comments, the Committee noted a communication from FENASEP in 2001, to the effect that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. The Committee notes that, according to the Government’s report, as a result of the mass dismissals, 444 public officials lodged appeals against their dismissals. It also notes the 33 decisions of the Administrative Service Appeals and Conciliation Board forwarded by the Government. The Committee notes in particular that, according to the report, many of the officials have been reinstated in their posts or appointed to other state institutions and others are gradually being reintegrated as a result of the work of the bipartite commission established for this purpose by the Ministry of Labour (MITRADEL) and FENASEP. The Committee hopes that the bipartite commission will continue its efforts to find appropriate solutions in the cases of the remaining workers who were dismissed and requests the Government to provide information in this respect.

2. Legislation. Administrative service. The Committee notes that, according to the Government, the previous administration suspended the administrative service. The Government states that it reinstated the administrative service to integrate public officials in the system in order to protect the public service from the pressures of party politics and provide employment stability. The Committee requests the Government to provide more detailed information on how the administrative service ensures the stability of employment of public officials and their protection against discrimination on political grounds. Please also provide the information on other measures taken to fully guarantee protection against political discrimination in the public sector.

3. Gender-based discrimination. In its 2006 observation, the Committee examined the communication from FENASEP dated 7 October 2005 and sent to the Government on 19 January 2006. The communication referred to the dismissal of two pregnant women on temporary contracts employed in the public sector and the failure to renew their contract. In its previous observation, the Committee asked the Government to take the necessary steps to prevent discrimination on the ground of pregnancy. The Committee notes the communication from FENASEP received this year, which claims that the Government has not taken any steps to protect workers from discrimination based on pregnancy and, indeed, cases have continued to occur in which the contracts of pregnant women are not renewed. The Committee also notes that in reply to FENASEP’s communication, the Government provides information on a case by case basis regarding progress made in resolving these matters. While noting the positive steps taken by the Government to resolve the individual cases, given the recurrence of such cases, the Committee continues to consider that as part of its policy on equality, measures are needed to ensure that women on temporary contracts are not placed in situations where they are vulnerable to discrimination because of pregnancy and asks the Government to keep it informed of progress made in this regard. The Committee asks the Government to supply information on the legislation and measures adopted or planned to prevent discrimination based on pregnancy.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments dated 7 October 2005 of the National Federation of Public Employees (FENASEP) and the Government’s reply of 19 May 2006. FENASEP refers to the dismissal of two pregnant women. One involves an employee at the Legislative Assembly in respect of whom, according to the Government, steps have been taken to have her reinstated. The other, a social worker, had been employed for three years and nine months by the Ministry of Health before her dismissal. The Government states that the appointment was temporary and ended at the date foreseen and was not a dismissal on grounds of pregnancy. The Committee notes that having worked for the Ministry of Health for three years and nine months, the worker could legitimately expect her contract to be extended and that the non-renewal could be linked to her pregnancy, which would constitute discrimination under the Convention. Consequently, the Committee requests the Government to consider, in the context of its equality policy, measures needed to ensure that women on temporary contracts are not placed in a situation where they are vulnerable to discrimination because of pregnancy. Please also provide information on the legislation and measures adopted or envisaged to prevent discrimination on grounds of pregnancy. The Committee hopes that the Government will send the abovementioned information with its reply to the Committee’s observation and direct request of 2005.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. National policy. The Committee notes with interest that Executive Decree No. 53 of 25 June 2002, issuing regulations for Act No. 4 of 1999, which establishes equality of opportunity, contains a series of measures to achieve equality in employment for men and women. It notes that the abovementioned Act constitutes the basis for a national policy on equality and that the Decree determines the mechanisms for implementing the Act and is supplemented by the Equal Opportunities Plan "PIOM II", adopted in May 2002. It notes that under section 38 of the Decree, the following are to be treated as discrimination against women in employment: requirement of pregnancy testing, photographs, age limits, marital status, the use of racist, sectarian or sexist criteria as a basis for wage differentials, psychological harassment and sexual harassment. The provisions of Chapter V (Labour) establish among other things that bodies responsible for coordinating labour systems or groups protected by special laws must conduct studies to identify situations or conditions in which there are inequalities; systematize and publish statistics disaggregated by sex, race, ethnic group, age, class or other variables that will be incorporated in national statistics; that the Directorate General of Employment together with the Private Enterprise Council for Educational Assistance, the National Institute for Vocational Training (INAFORP) and other institutions are to promote employment for women in new occupations and that the Government, together with organizations of private companies and the most representative trade unions are to conduct a diagnosis every two years which will serve as a basis for promoting employment for women so that they account for at least 50 per cent of the workforce. Furthermore, in INAFORP, women are to account for 20 per cent in traditional and non-traditional technical areas. Section 52 of Chapter V stipulates that for the purpose of applying the Convention, the Ministry of Labour shall promote mechanisms whereby enterprises will gradually incorporate women until they account for at least 50 per cent of staff, and will keep detailed records on women working in the primary, secondary and tertiary sectors. The Committee also notes with interest that under PIOM II, numerous activities have been developed to promote equality for men and women in employment and that the Ministry of Labour is working together with the Panamanian Institute of Labour Studies on a comprehensive approach to promoting equality for men and women in employment. The Committee requests the Government to continue to provide information on the practical application of the national policy on equality and on the impact of the policy.

2. Sexual harassment. The Committee refers to section 38 of Decree No. 53, mentioned above, and requests information on the effect it is having in practice. The Government refers to other provisions governing sexual harassment (sections 127(12) and 138(15) of the Labour Code and section 82 of Act No. 19 of 11 June 1997 to organize the Panama Canal Authority). With regard to section 128(28) of the Labour Code which requires employers to introduce fair, reliable and practical procedures for investigating sexual harassment complaints and applying the corresponding penalties, the Committee again requests the Government to provide copies of any company regulations or collective agreements that contain such procedures.

3. The Committee notes that sexual harassment by an employer is punishable by fine and that the worker may treat the employment relationship as terminated and is entitled to payment of an indemnity. The Committee suggests that the Government take steps to seek other solutions, which do not involve termination of the employment relationship, because if loss of employment, albeit with an indemnity, is the only available option, rather than remedying the situation this may discourage victims of sexual harassment at work from taking any action. The Committee would be grateful if the Government would continue to provide information on any developments in this matter.

4. Persons with disabilities. The Committee notes with interest that Executive Decree No. 88 of 12 November 2002 regulates Act No. 42 of 27 August 1999, establishing equality of opportunity for persons with disabilities, and that the Ministry of Labour is providing training in this area for labour inspectors, employers and human resources officials in various enterprises.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Policies to promote equality for men and women in employment. The Committee notes with interest that the text of Executive Decree No. 53 of 25 June 2002, which regulates Act No. 4 of 1999, establishing equality of opportunity, contains a series of provisions to ensure better application of the Convention. It notes in particular that Chapter V (Labour) provides for a number of mechanisms to apply the national policy on equal treatment for men and women in employment, and is supplemented by the Equal Opportunities Plan, "PIOM II", adopted in May 2002. A series of measures have been applied under the above legislation and the Plan, concerning training, hiring incentives, wages, and studies in cooperation with workers’ and employers’ organizations. The Committee refers in greater detail to these matters in its direct request.

2. Discrimination on political grounds. In its previous comments, the Committee noted a communication sent in 2001 by the National Federation of Associations and Organizations of Public Servants (FENASEP) alleging that the Government had dismissed more than 19,000 public servants without establishing just cause and without following the statutory procedures. According to FENASEP, 80 per cent of those dismissed are registered members of a political party called the Democratic Revolutionary Party (PRD), and the dismissals constitute discrimination on grounds of political opinion, in breach of Article 1 of the Convention.

3. In its reply of 24 October 2001, the Government stated that the public servants in question had been appointed between June and September 1999, in a transitional period between two governments, and that the appointments constituted "arbitrary and indiscriminate recruitment of public servants" who were members of the coalition government of the time and did not meet the statutory requirements. According to the Government, this explains the fact that a large proportion of those dismissed turned out to be PRD members; however, they were dismissed not on political grounds but because they failed to meet the statutory requirements for appointment.

4. The Committee pointed out that exclusion arising out of inherent requirements of a particular job must be interpreted narrowly so as not to give rise to undue limitations on the protection afforded by the Convention, and requested detailed information on the criteria applied in determining the grounds for the dismissals. It also requested copies of any complaints against such dismissals and the court decisions handed down.

5. In its last report, sent in September 2004, the Government stated that the dismissals had been necessary in order to contain the growing numbers of state employees. As other grounds for the dismissals it gave foreign currency savings, investment in infrastructure, finalization of projects and suitability, but denied that political opinion had been a criterion. The Committee observes that the Government has not sent all the information requested. It accordingly reiterates its request for information on the legislation governing the dismissal and/or termination of service of public servants or other employees hired by the State, the manner in which the Government ensures that there are no dismissals on grounds of political opinion, the available means of redress, the number of complaints against dismissals filed with the courts of law in connection with the 19,000 dismissals referred to above, and copies of any complaints alleging political discrimination and of the sentences handed down.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report, and the attached documentation.

1. The Committee notes the statistics contained in the "National Clara González Report: The situation of women in Panama, 1999", indicating that women’s participation in economic activity amounts to 36.5 per cent of the economically active population, compared with 63.5 per cent for men, and that the proportion of women who are active is only 45.9 per cent, compared with a participation rate of 81.7 per cent for men.

2. The Committee notes the proposal for the participative strategy between state institutions and civil society, in accordance with the regulations issued under Act No. 4 of 29 January 1999 establishing equality of opportunity for women, through the implementation of subcomponent 10.4 of the Programme for Equality of Opportunity in Panama (PROIGUALDAD, PAN/B7 3010/95/100). The Committee requests the Government to continue providing information on the process of developing regulations under the above Act.

3. The Committee notes the priority that is being given to activities to achieve the sustainability of projects under the PROIGUALDAD programme. It notes that the process is currently under way of introducing and starting up the national gender training system for employees in the public sector and non governmental organizations, and the progress achieved within the context of the public policy on education and culture. The Committee also requests information on the impact of the measures adopted within the framework of the PROIGUALDAD programme.

4. The Committee notes the activities that are being carried out under sections IV, V and VI of Act No. 4 respecting indigenous and rural women and requests the Government to continue providing information on the progress achieved in promoting equality of opportunity in employment and occupation for these groups, and to include information in its next report on Afro Panamanian women.

5. The Committee notes that, despite the efforts made to issue regulations under Act No. 42 of 27 August 1999 respecting the equalization of opportunities for the disabled, the respective regulations have still not been adopted, for which reason it is not possible to require strict compliance with the Act and matters in this respect remain at the discretion of employers.

6. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to prevent discrimination in access to employment, conditions of work and employment security on grounds of race, colour, national extraction or religion.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the communication sent by the National Federation of Associations and Organizations of Public Servants (FENASEP), dated 18 May 2001, in which it alleges that the current Government has dismissed over 19,000 public servants, equivalent to 15 per cent of state employees, without giving justified reasons for their dismissal and without following the procedures set out in the law. FENASAEP states that 80 per cent of those dismissed are registered members of the political party called the Democratic Revolutionary Party (PRD) and alleges that the dismissals constitute discrimination on grounds of political opinion, in violation of Article 1 of the Convention.

2. In its response dated 24 October 2001, the Government states that during the period between June 1999 and September 1999, which was a transition period before the new Government took office, a total of 5,634 public servants were accredited, compared with a total of 4,512 during the period between June 1994 up to the general election held on 2 May 1999. According to the Government, during this three-month period there was an "arbitrary and indiscriminate recruitment of public servants" who were members of the coalition government of the time (PRD). The current government indicates that it took "corrective action with a view to ensuring that those who had been accredited complied with the minimum requirements set out in the relevant legal provisions" and it revised the system of entry into administrative careers in order to remedy the problems. The Government contends that the fact that a high percentage of the public servants who were dismissed were members of the PRD is due precisely to the fact that these public servants were accredited without complying with the legal requirements. The Government adds that Act No. 9 of 20 June 1994, regulating and establishing the administrative career, mandates the appointing authority in each institution to replace those public servants who are not included in the administrative career, including those of free appointment and removal, and those who are in office. The Government also affirms that Executive Decree No. 222 of 12 September 1997, issuing regulations under the Act respecting administrative careers, sets out the right of public servants to submit their cases for reconsideration by the appointing authority or the Board of Appeal and Conciliation of Administrative Careers, and where appropriate they may appeal the decision to the Supreme Court.

3. The Committee recalls that exclusion arising out of the inherent requirements of a particular job must be interpreted strictly so as not to give rise to undue limitations on the protection afforded by the Convention, inter alia, against discrimination on grounds of political opinion, which includes identification based on membership of political parties. While political affiliation or opinion may be taken into account for certain high-level posts directly related to government policy, the same does not apply to many positions in the public service in general. Thus, the reasons for terminating employment must be sufficiently clear to ensure that dismissal is not based on grounds of political opinion, in violation of the Convention.

4. In the light of the above, the Committee requests the Government to provide detailed information on the criteria used to determine the basis for the dismissals and the manner in which it has been ensured that political opinion has not been used as a basis for taking decisions. Furthermore, the Committee requests the Government to provide information on the public servants made redundant, including their grade, the type and date of contract, period of service and political affiliation, as well as the number of appeals which have been made to the courts, and those that have been taken to the Board and the Supreme Court, with copies of the relevant rulings and the number of public servants who have been reinstated.

The Committee is also raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report and attachments, and in particular notes with interest the promulgation of Act No. 4 of 29 January 1999 which establishes equality of opportunity for women.

2. Discrimination on grounds of sex. Observing that, according to the Government's report, there have been no training and dissemination activities since 1998 under the Programme for Training and Dissemination of the Rights of Women in the World of Work owing to the lack of financial resources, the Committee refers to paragraphs 251 to 253 of its 1998 General Survey on equality in employment and occupation in which it noted with concern the tendency in some countries to abandon or drastically reduce programmes intended to remedy inequalities in order to decrease public expenditure in the name of economic efficiency [...] and recalls that these programmes must be viewed in a broader perspective, since the exclusion of part of the active population is costly. The Committee considers that the Government has taken a significant step in promulgating said Act No. 4 and that it is important it should continue making efforts to give effect to the Act. The Committee requests the Government to supply detailed information on the action undertaken and results achieved in giving effect to section 11 of chapter V (Labour) on the public policy that the State will establish to promote equality of opportunity in employment and also to section 17 of chapter IX (Education and culture) on the public policy in relation to education and culture, to give women equal opportunities. The Committee also notes that the Government is undertaking project PAN/B7-301/95/10 for the promotion of equal opportunities in Panama (PROIGUALDAD) which is the result of the consensus between the women's movement and the State of Panama and for the implementation of which a financing agreement between the European Community and the Republic of Panama has been signed. Noting that this project comprises six sub-projects and is scheduled for completion by the year 2002, the Committee requests the Government to inform it on the results achieved and the possible continuation to be given to PROIGUALDAD from 2002 onwards.

3. Please provide information on the measures for application of the abovementioned Act No. 4 in regard to rural women (section 26), Afro-Panamanian women (section 27) and women with disabilities (section 28) in regard to equality in employment.

4. The Committee notes Act No. 9 of 20 June 1994 which establishes and regulates the administrative profession and of which sections 138(14) and 152(9) sanction sexual harassment with dismissal.

5. The Committee notes with interest the promulgation of Executive Decree No. 46 of 28 December 1998 establishing standards in regard to persons with disabilities and adopting other provisions related to the equalization of opportunities and facilities which should be provided for the population. It also notes with interest the activities carried out by the Minister of Labour and Labour Development to promote equality of opportunity in employment for disabled people, including the first national consultation meeting on an action programme on the social and economic integration of persons with disabilities held with the support of the ILO, Geneva, and the regional office in San Jos , Costa Rica. Please continue to supply information on the application of the Act.

6. Article 3(d) of the Convention. Please supply information on the manner in which the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation referred to in Article 2 is implemented in respect of employment under the direct control of a national authority.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information provided by the Government in its report.

Discrimination on grounds of sex

The Committee notes with interest the information provided by the Government concerning the discrimination from which women continue to suffer in access to employment and remuneration, as well as on the various measures taken by the Government to apply a policy of equality of opportunity and treatment, in accordance with the requirements of the Convention.

The Government states that: it is customary practice for employers to require proof that a woman is not pregnant as a prerequisite for recruitment; that job announcements, particularly for managerial posts, require male candidates; that for jobs involving relations with the public the requirements include a good physical presence, an age of between 18 and 25 years and specific ethnic characteristics; that in certain workplaces (bars and restaurants), preference is given to single women; and that many enterprises resist the access of women trainees to vocational training programmes for jobs not traditionally occupied by women. The Government adds that the absence of labour regulations governing the activities of the informal sector means that the issues affecting an increasing number of women who are turning to the sector are not addressed and that women with disabilities face the combined obstacles of their invalidity and prejudices based on sex. The Committee requests the Government to supply information on the measures taken or contemplated to remedy the absence of regulations concerning discrimination in the informal sector.

The Committee notes that, within the framework of Ministry of Youth, Women, the Child and the Family, established by Act No. 42 of 19 November 1997, a National Directorate of Women has been established, whose functions include promoting the full participation of women in the economic, political and social development of the country under conditions of equal rights and opportunities. It also notes the programme for the training and dissemination of women's rights in the world of work, the essential objective of which is to "prevent and eradicate discrimination against women in employment in all its manifestations".

The Committee requests the Government to supply detailed information in its next report on the activities undertaken in the framework of the above Programme and on the measures adopted to eradicate the practices to which it refers concerning the requirement to provide proof of not being pregnant for recruitment and discriminatory job announcements. The Committee also requests the Government to supply information on any measure which has been taken or is envisaged to protect workers against discrimination, and particularly discrimination on grounds of sex.

Sexual harassment

The Committee notes the explanations provided by the Government in reply to its previous direct request on protection against sexual harassment in the workplace, which may affect both men and women, and its information on the prevalence of sexual harassment practices in the workplace due to the absence of specific laws, policies and strategies for its prevention.

The Committee notes section 128(28) of the Labour Code, which makes it compulsory for employers to establish an equitable, reliable and practical procedure to investigate complaints of sexual harassment and the imposition of the appropriate penalties and it requests the Government to provide information on any measure which has been taken or is envisaged to protect workers against sexual harassment.

The Government also states in its report that Act No. 9 of 20 June 1994, which establishes and regulates administrative careers, prohibits and sanctions sexual harassment with the direct dismissal of the official that commits such an offence. The Committee requests the Government to supply a copy of Act No. 9 of 20 June 1994.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read, in part, as follows:

(...)

2. The Committee notes the information provided regarding sexual harassment in the workplace. It notes that the Ministry of Labour and Social Welfare provides technical and financial assistance, in addition to coordinating the activities of the non-governmental organizations engaged in securing measures to protect workers against sexual harassment in the workplace. The Committee asks the Government to continue to provide information in this regard, including details of any legal measures taken or contemplated. The Committee also notes that the Government again relies on section 223(13) of the Labour Code (compensation for unjustified dismissal) as the remedy when workers are subjected to sexual harassment, and as prohibiting the employer from carrying out immoral acts. The Committee, noting that this provision protects against only one aspect of sex discrimination, namely unjustified dismissal, asks the Government to inform it of any other enforcement machinery (such as the Civil Code provisions) which might protect applicants for jobs, or workers faced with changes in their terms and conditions of employment linked to sexual harassment short of dismissal.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the information in the Government's reports concerning the settlement of conditions of work issues, affecting workers of Panamanian extraction in the Canal Zone, through approval by the United States Congress of Bill No. HR 1558 to amend Act No. 96-70 of 1979 regarding working conditions in the Panama Canal Zone.

2. The Committee notes the information provided regarding sexual harassment in the workplace. It notes that the Ministry of Labour and Social Welfare provides technical and financial assistance, in addition to coordinating the activities of the non-governmental organizations engaged in securing measures to protect workers against sexual harassment in the workplace. The Committee asks the Government to continue to provide information in this regard, including details of any legal measures taken or contemplated. The Committee also notes that the Government again relies on section 223(13) of the Labour Code (compensation for unjustified dismissal) as the remedy when workers are subjected to sexual harassment, and as prohibiting the employer from carrying out immoral acts. The Committee, noting that this provision protects against only one aspect of sex discrimination, namely unjustified dismissal, asks the Government to inform it of any other enforcement machinery (such as the Civil Code provisions) which might protect applicants for jobs, or workers faced with changes in their terms and conditions of employment linked to sexual harassment short of dismissal.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With regard to working conditions in the Canal Zone, the Committee notes the Government's statement that the United States Congress is currently debating Bill No. HR 1558 to amend Act No. 96-70 of 1979. It also notes the views of the Ministry of Foreign Affairs on the proposed amendments, which have been forwarded to the United States Embassy in Panama. The Committee hopes that the problems of discrimination in employment and occupation in the Canal Zone will be resolved. The Committee asks the Government to provide information on any progress made in this respect.

2. The Committee notes the information supplied by the Government concerning sexual harassment in the workplace. It asks the Government to provide further information on the following points: (a) the steps taken to support the action of non-governmental organizations to secure specific legal measures to protect workers against acts of sexual harassment in the workplace; and (b) the measures adopted to ensure that termination of the employment relationship by the worker, with entitlement to compensation for unjustified dismissal (under sections 128(6) and 223(4) and (13) of the Labour Code), is not the only remedy available in the event of sexual harassment.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes the Government's report and the attached documents and statistics.

1. The Committee notes with interest that Mrs. Carmen Paz de Pinzón has been reinstated as officer of medical records and health statistics by Resolution 2240-90 of 24 May 1990 of the Social Security Fund.

2. With regard to working conditions in the Canal Zone, the Committee notes the Government's statement that the United States Congress is currently debating Bill No. HR 1558 to amend Act No. 96-70 of 1979. It also notes the views of the Ministry of Foreign Affairs on the proposed amendments, which have been forwarded to the United States Embassy in Panama. The Committee hopes that the problems of discrimination in employment and occupation in the Canal Zone will be resolved. The Committee asks the Government to provide information on any progress made in this respect.

3. The Committee notes the information supplied by the Government concerning sexual harassment in the workplace. It asks the Government to provide further information on the following points: (a) the steps taken to support the action of non-governmental organizations to secure specific legal measures to protect workers against acts of sexual harassment in the workplace; and (b) the measures adopted to ensure that termination of the employment relationship by the worker, with entitlement to compensation for unjustified dismissal (under sections 128(6) and 223(4) and (13) of the Labour Code), is not the only remedy available in the event of sexual harassment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee notes that Act No. 43 of 23 December 1953 by which totalitarian activities such as communism are declared illegal and in violation of the Constitution of the Republic of Panama has been repealed by Act No. 8 of 5 October 1978 regulating political parties.

1. In its previous comments, the Committee noted with interest the Government's communication dated 12 March 1990 according to which it has reinstated health workers who had been dismissed by virtue of Wartime Legislative Decree No. 2 of 9 October 1989, and requested the Government to supply information on the new appointment of Mrs. Carmen P. de Pinzón. Since the last report of the Government contains no information on the matter, the Committee hopes that the next report will contain the information requested.

2. With regard to its previous comments, the Committee notes the Government's statement that the United States Act No. 96-70 of 1979 is still in force and infringes the Canal Treaty by granting economic benefits in the Canal Zone only to United States citizens. The Government also refers to a number of violations which occurred between October 1988 and December 1989 and constitute discrimination in the field of labour. It indicates that, in January 1990, relations between Panama and the Government of the United States entered a new phase and it is therefore to be hoped that the problems of discrimination in employment and occupation will be settled. The Committee asks the Government to provide information on any progress made in this respect.

3. With reference to its direct request of 1991, the Committee asks the Government to indicate the measures that have been contemplated or taken to provide better protection for workers against acts of sexual harassment in the workplace.

4. The Committee asks the Government to provide detailed information, including statistics, on the measures taken to promote, in practice, equality of opportunity for women in employment, particularly in jobs subject to direct supervision by a national authority.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to the first point of its previous direct request concerning the communication from the Association of Physicians, Dental Surgeons and Allied Professions of the Social Security Fund (AMOACSS), dated 23 October 1989, the Committee notes with interest the Government's communication dated 12 March 1990 according to which it has reinstated the health workers who had been dismissed by virtue of Wartime Legislative Decree No. 2 of 9 October 1989. The Committee requests the Government to supply information on the new appointment of Mrs. Carmen P. de Pinzón.

2. The Committee is bound, in the absence of a report, to reiterate the other points raised in its previous direct request, as follows:

In its previous comments, the Committee referred to the allegations by the Government of Panama that breaches of the Panama Canal Treaty are resulting in discriminatory situations regarding access to employment and conditions of work in the Panama Canal Commission.

1. The Committee noted article IX, paragraph 1, of the Panama Canal Treaty, which declares the legislation of the Republic of Panama to be applicable to the Canal Zone, article X, which deals with employment in the Panama Canal Commission, and section 10 of the Labour Code, which guarantees the principle of equal remuneration.

The Committee also noted the allegations contained in Document CERD/C/149/Add.4 of 4 June 1986, according to which subsidies such as housing, electricity and transport are granted to United States employees and employees of any nationality who are recruited outside the Republic of Panama; Panamanian employees who carry out identical tasks do not receive these benefits. The cost of the subsidies is borne by the budget of the Commission. The Document adds that "although Panamanians represent 80 per cent of the labour force in the Panama Canal Commission, they still have a very low degree of participation in the executive positions of the Commission".

In its report, the Government refers to the steps taken with regard to the United States Government to request the amendment of the provisions of the United States Act No. 96-70 of 1979 which, according to the Government of Panama, infringes article X(6) of the Panama Canal Treaty by granting a cost-of-living-adjustment payment, to be financed by the Commission, only to North American citizens.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged in order to remove the obstacles which prevent the effective implementation of the principle of equality contained in the Convention.

2. The Committee notes the Act by which totalitarian activities such as Communism are declared illegal and in violation of the Constitution of the Republic of Panama (Act No. 43 of 1953), which provides, in section 3, that "No person who is found to belong or collaborate with totalitarian parties, organisations or groups, such as Communists, shall be able to work in the national or municipal Government, nor in its autonomous or semi-autonomous dependent bodies, nor sit on official bodies, nor participate in transactions with the above bodies".

The Committee requests the Government to state whether Act No. 43 of 1953 is still in force. In the event of the Act having been repealed, the Committee requests the Government to supply a copy of the Act repealing it. If, on the other hand, Act No. 43 remains in force, the Committee requests the Government to report on the measures that have been taken or are envisaged to ensure observance of the Convention, which protects workers against discrimination based, inter alia, on political opinion.

3. The Committee notes with interest the information supplied by the Government concerning the programmes undertaken to ensure access to employment and training to Panamanians of different ethnic origins.

The Committee requests the Government to continue supplying information on the measures that have been taken to promote a policy of equality in respect of groups of different ethnic origins.

4. The Committee notes with interest the judicial ruling of 12 January 1987 (Burgos v. Banco Continental), which was attached to the Government's report on Convention No. 100.

In the above ruling, the Court considered that it was clearly discriminatory behaviour to make the right of women workers to promotion subject to conditions of a personal nature, which made them the victims of harassment by their employer or his representative.

The Committee requests the Government to continue supplying information on the measures that are taken to protect women workers against acts of sexual harassment at the workplace.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the communication from the Association of Physicians, Dental Surgeons and Allied Professions of the Social Security Fund (AMOACSS), dated 23 October 1989, concerning the dismissal of health-care workers by virtue of the Wartime Legislative Decree No. 2 of 9 October 1989. According to AMOACSS, these dismissals were made on political grounds. The above communication was transmitted to the Government for its comments on 12 December 1989 and the Government has not yet supplied its observations. The Committee hopes that the Government will make the observations that it considers appropriate on the matters raised in this communication in its next report.

2. The Committee also hopes that the Government will supply information in its next report on the questions raised in its previous direct request, which read as follows:

In its previous comments, the Committee referred to the allegations by the Government of Panama that breaches of the Panama Canal Treaty are resulting in discriminatory situations regarding access to employment and conditions of work in the Panama Canal Commission.

1. The Committee noted article IX, paragraph 1, of the Panama Canal Treaty, which declares the legislation of the Republic of Panama to be applicable to the Canal Zone, article X, which deals with employment in the Panama Canal Commission, and section 10 of the Labour Code, which guarantees the principle of equal remuneration.

The Committee also noted the allegation contained in Document CERD/C/149/Add.4 of 4 June 1986, according to which subsidies such as housing, electricity and transport are granted to United States employees and employees of any nationality who are recruited outside the Republic of Panama; Panamanian employees who carry out identical tasks do not receive these benefits. The cost of the subsidies is borne by the budget of the Commission. The Document adds that "although Panamanians represent 80 per cent of the labour force in the Panama Canal Commission, they still have a very low degree of participation in the executive positions of the Commission".

In its report, the Government refers to the steps taken with regard to the United States Government to request the amendment of the provisions of the United States Act No. 96-70 of 1979 which, according to the Government of Panama, infringes article X(6) of the Panama Canal Treaty by granting a cost-of-living-adjustment payment, to be financed by the Commission, only to North American citizens.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged in order to remove the obstacles which prevent the effective implementation of the principle of equality contained in the Convention.

2. The Committee notes the Act by which totalitarian activities such as Communism are declared illegal and in violation of the Constitution of the Republic of Panama (Act No. 43 of 1953), which provides, in section 3, that "no person who is found to belong or collaborate with totalitarian parties, organisations or groups, such as Communists, shall be able to work in the national or municipal Government, nor in its autonomous or semi-autonomous dependent bodies, nor sit on official bodies, nor participate in transactions with the above bodies".

The Committee requests the Government to state whether Act No. 43 of 1953 is still in force. In the event of the Act having been repealed, the Committee requests the Government to supply a copy of the Act repealing it. If, on the other hand, Act No. 43 remains in force, the Committee requests the Government to report on the measures that have been taken or are envisaged to ensure observance of the Convention, which protects workers against discrimination based, inter alia, on political opinion.

3. The Committee notes with interest the information supplied by the Government concerning the programmes undertaken to ensure access to employment and training to Panamanians of different ethnic origins.

The Committee requests the Government to continue supplying information on the measures that have been taken to promote a policy of equality in respect of groups of different ethnic origins.

4. The Committee notes with interest the judicial ruling of 12 January 1987 (Burgos v. Banco Continental), which was attached to the Government's report on Convention No. 100.

In the above ruling, the Court considered that it was clearly discriminatory behaviour to make the right of women workers to promotion subject to conditions of a personal nature, which made them the victims of harassment by their employer or his representative.

The Committee requests the Government to continue supplying information on the measures that are taken to protect women workers against acts of sexual harassment at the workplace.