Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (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.