COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF PANAMA

The Committee on the Elimination of Discrimination against Women has considered the combined fourth to seventh periodic report of Panama on how that country implements the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, Marta Susana Gonzalez Ruiz de Varela, Deputy Minister of Social Development of Panama, introducing the report covering the period from 1998 to 2008, noted that much progress had been made in Panama in eliminating discrimination against women, in particular if they compared the legislation in force with that of several years ago. Nevertheless, they needed to confront many challenges in order to fully implement the existing norms with regard to a gender perspective and the rights of women to reach the desired levels. The National Institute for Women was created in December 2008 as a public decentralized body with its own legal status, budget and technical, legal and administrative independence. It was responsible for coordinating national equal opportunity policy and for eliminating discrimination against women, as well as for ensuring equal participation by women and men. Dissemination, awareness-raising and presentation to the international and national community were also among this new mechanism's responsibilities.

Women's participation in institutions and organs of political power life had increased significantly since the reform of the Electoral Code. Between the 1994 to 2004 electoral period and the 2004 to 2009 period, the number of women in Parliament had almost doubled, although women's participation still had not reached the 30 per cent quota, as set by law. Panama had also made progress in bringing women into decision-making positions. Eight women were elected to major posts in the 2009 elections, with briefs for indigenous areas, among others, and there were a number of women appointed to important posts, including the first woman appointed as Controller General; a woman Minister and a woman Deputy Minister for Education; and a woman Minister for small and medium-enterprises. In addition, numerous autonomous bodies in Panama were headed by women, including the National Migration Service.

Among concerns raised by Experts during the interactive discussion was the continuance of violence against women and that femicide was on the increase. An Expert was concerned about information received that some girls faced "slave-like" conditions in prostitution, with parents of young girls receiving money for their services, and a number of questions were asked on how Panama was working to combat human trafficking, particularly for purposes of sexual exploitation. On education, Experts asked what was being done to combat sex stereotypes that steered women into particular fields; what was being done to ensure that indigenous women and girls received education appropriate to their needs; and what programmes existed to ensure that pregnant girls re-entered the school system. In the context of a high rate of child labour (11 per cent), an Expert said he had received "alarming" information that the incidence of domestic labour among girls was on the rise.

In concluding observations, Naela Gabr, Committee Chairperson, said it was clear that from 1998 until today there had been significant progress and improvement in the situation of women in Panama. However, there remained a problem in the implementation and the monitoring of implementation of laws enacted in favour of women. She was concerned that Panama was not very enthusiastic about implementing special measures, although they were very important. There were a number of fields in which they should implement them. The delegation had mentioned the field of political participation, although the 30 per cent quota had not been reached. Other areas that needed special attention were education, health, rural women, indigenous women and women of African descent. The Committee was also concerned about the problem of extreme poverty and the impact that had on women, in particular rural women, and was extremely concerned about the issue of trafficking, especially trafficking in girls and poor and indigenous women.

Also in concluding remarks, Ms. Gonzalez Ruiz de Varela thanked the Committee, in particular for recommendations regarding special measures, and noted that the new Government had a real commitment to implementing existing legislation. The delegation on its return to Panama would do all that was necessary to ensure that it initiated programmes where there was not sufficient protection and promotion of women's rights.

The delegation of Panama also included representatives of the National Institute for Women, the Ministry of the Interior and Justice, the Ministry for Foreign Relations, and the Permanent Mission of Panama to the United Nations Office at Geneva.

The next public meeting of the Committee will be on Friday, 5 February around 12 p.m. (to be confirmed), when the Committee will make public its concluding observations on reports considered over the past three weeks before publicly closing its forty-fifth session.

Report of Panama

With regard to special measures for women, the combined fourth to seventh periodic report of Panama (CEDAW/C/PAN/7) says, according to Law No. 4, “instituting equal opportunities,” that the State must establish the obligation of governments to guarantee the participation of at least 30 per cent of women as ministers, vice-ministers and directors of autonomous and semi-autonomous authorities and other government entities. Law No. 22 of 14 July 1997 amended the Electoral Code and established that no fewer than 30 per cent of elected positions had to be held by women. One of the latest legal provisions is the Law on Public Funding of Elections (Law No. 6 of 17 December 2002), which establishes the obligation “to allocate at least 10 per cent of said funding to the training of women.” In addition, with the amendment of Law No. 60 of 29 December 2006, women secretaries of the political parties have been placed in charge of overseeing electoral quotas.

There are also special measures aimed at protecting maternity. The Constitution stipulates that a working woman who is pregnant may not be separated from her public or private employment for that reason. For a minimum of six weeks prior to giving birth and eight weeks thereafter, she is entitled to rest with the same remuneration that she was receiving and her job shall be kept for her. Upon returning to work, the mother may not be dismissed for one year, except in special cases prescribed by law, which shall in addition regulate the special working conditions of the pregnant working woman. The Labour Code also establishes the rules governing the hiring of women workers and defines maternity privileges, breastfeeding rights during working hours, and the construction of day-care centres in public institutions, as well as other provisions. Moreover, Law No. 50 of 23 November 1995, protects and encourages breastfeeding, and provides, inter alia, that all working mothers in public or private employment shall be given the necessary facilities to pump milk and keep it in an appropriate place until the end of her shift. Furthermore, the Ministry of Social Development promotes the establishment of day-care centres for children, so that mothers can work and/or pursue academic activities for their own advancement. The first pilot project for building and equipping Child Guidance Centres got under way in 2006 in residences in the districts of Panamá, Arraiján and La Chorrera, as a joint initiative of the Ministry of Housing and the Ministry of Social Development. These centres free women to engage in educational activities, take on jobs, or pursue other opportunities. Nationwide, there are currently 108 such centres, including some in the indigenous districts, which benefit communities with high poverty and extreme poverty rates.

Presentation of Report

MARTA SUSANA GONZALEZ RUIZ DE VARELA, Deputy Minister of Social Development of Panama, introducing the combined reports that covered the period from 1998 to 2008, highlighted, at the outset, that the Panamanian Government had set aside 49.56 per cent of its State budget for social development. Much progress had been made in Panama in eliminating discrimination against women since Panama had presented its last report before the Committee. That progress was notable if they compared the legislation in force with that of several years ago. Nevertheless, they were aware that they needed to confront many challenges in order to fully implement the existing norms with regard to a gender perspective and the rights of women to reach the desired levels.

The National Institute for Women was created in December 2008 as a public decentralized body with its own legal status, budget and technical, legal and administrative independence. It was responsible for coordinating national equal opportunity policy and for eliminating discrimination against women, as well as for ensuring equal participation by women and men. Dissemination, awareness-raising and presentation to the international and national community were also among this new mechanism's responsibilities. It had printed 2,000 information brochures on the Convention, as well as on Law No. 4 of January 1999, which established equal opportunities for women, and on Law No. 38 of 10 July 2001, which reformed many of the provisions of the Penal Code to include domestic violence and ill-treatment of children and adolescents. All of those documents had been disseminated and distributed to all regions of the country through a network of gender offices.

Moreover, in 2003, they had trained health workers, fathers of families and primary school teachers on their obligations under the Convention with regard to human rights and other themes. During the first session 50 teachers had been trained as trainers.

Turning to issues related to economics and labour, Ms. Gonzalez Ruiz de Varela noted that Panamanian women generally worked in the service or tertiary industry. In 2004, 5 per cent of employed women were working in the primary sector, or that relating to the use of natural resources; 11.3 per cent were working in the secondary sector, using machines or in factories; and 83.6 per cent were working in the tertiary, or services sector. Of the total number of employed women, 47.1 per cent worked in the informal sector.

Law No. 4 of 29 January 1999, on equality of opportunities, as well as the international instruments to which Panama was a party, were the framework within which the Government worked to continue to advance and change the conditions of Panamanian women.

On education, women continued for the most part to chose traditional careers. That was due for the most part to differentiated social education for women and men based on prejudices and stereotypes, according to which certain careers were considered appropriate for women and others not. According to a study on gender equality at the University of Panama carried out by the Women's Institute, diplomas at the University were accorded to some 23,000 men and 49,000 women. Out of each three students granted diplomas, one was male and two were female. However, in all the faculties, with regard to Education, Nursing, Pharmacy and Humanity, the number of male teachers was greater than that of women. Statistics also indicated that there was a greater tendency for women to complete secondary education. 2005/06 figures showed that 53 per cent of men and 47 per cent of women had completed secondary level school.

On this same theme, Ms. Gonzalez Ruiz de Varela noted that the Ministry of Education was promoting education for indigenous people with new extracurricular measures. The literacy rate was 92.4 per cent. However, the indigenous population had substantially higher rates of illiteracy. It was also probable, given the enrolment rates, that most of the illiterate indigenous were women.

Women's participation in institutions and organs of political power life had increased significantly since the reform of the Electoral Code. Between the 1994-2004 electoral period and the 2004-2009 period the number of women in Parliament had almost doubled. Despite that increase, however, women's participation still had not reached the 30 per cent quota, as set by law. In that regard, perhaps there was a need to revise the existing law to make it more effective, and women in politics had already made a number of suggestions, including imposition of sanctions.

Ms. Gonzalez Ruiz de Varela here highlighted that Panama had also made progress in bringing women into decision-making positions. Since 2002, out of the 25 per cent minimum State subsidies earmarked for training, 10 per cent had to be earmarked for the training of women. Eight women were elected to major posts in the 2009 elections, with briefs for indigenous areas, among others, and there were a number of women appointed to important posts, including the first woman appointed as controller general; a woman Minister and a woman Deputy Minister for Education; and a woman Minister for small and medium-enterprises. In addition, numerous autonomous bodies in Panama were headed by women, including the National Institute for Sports; the Panamanian Cooperative Institute, the National Migration Service and the System for Television Education. There had also been a woman Prosecutor General.

With regard legislative advancements for women, in addition to Law No. 4, there was Law No. 38 of 10 July 2001, which amended the Criminal Code to include domestic violence and ill-treatment of children. In addition, Law No. 11 of 2005 prohibited labour discrimination on a number of grounds, including gender.

Here, Ms. Gonzalez Ruiz de Varela noted that despite these advances, gender deaths of women had increased in Panama year after year. In 2007, there had been 36 femicides, whereas the Alliance for Panamanian women had referred to 26 cases in 2006. In that connection, the International Court of Justice should adopt measures oriented to ensuring public access to justice, inclusion, equality of opportunities and gender equality.

On health issues, the Deputy Minister noted an increase in life expectancy for women. In 2005, in urban areas, the average life expectancy was 78.3 and in rural areas 77.3. From 2002 to 2006, there was an increase in life expectancy in all the different provinces. Indigenous areas showed life expectancy some five to nine years less than in other areas; however, the efforts on behalf of indigenous women had shown an accelerated improvement in life expectancy there as well.

For working women, the Social Security law ordained 14 weeks of paid maternity leave. Between 2002 and 2006 the number of pregnant women receiving benefits had increased from 9,198 to 9,248.

On data collection, a new law provided for the collection of data on domestic law. Other areas of action included programmes to improve the situation of indigenous women, Ms. Gonalez Ruiz de Varela noted.

Concerning the girl child and adolescent girls, Panama had carried out studies over recent years to give it a better picture of the situation of that population and their ability to enjoy their rights. The protection of minors against economic and labour exploitation was assumed by Panama under international agreements, including ILO Conventions No. 138 on the minimum age for entry into employment, and No. 182 on the elimination of the worst forms of child labour. In 2006, Panama approved a programme for the eradication of child labour for the period 2007 to 2011, which was currently being implemented, Ms. Gonzalez Ruiz de Varela added.

Key among programmes to assist rural women were programmes and strategies for the period 2004 to 2009 to implement the Millennium Development Goals, Ms. Gonzalez Ruiz de Varela said. Those efforts were linked to the fight against poverty and the food programme, which sought to guarantee the sustainability of the environment and the autonomy of women. The focus of anti-poverty programmes was assistance and attention to the indigenous community and those living in extreme poverty.

Ms. Gonzalez Ruiz de Varela concluded by noting the need to modernize the judicial system and train those working in it to ensure recognition of all women's rights. The new Government would redouble its efforts to ensure proper empowerment of women, to meet the achievement of gender equality throughout the territory.

Questions by Experts

Among questions and issues raised by Committee Experts was whether the new law on equal opportunities for women included a definition of discrimination that was in line with the Convention; how many cases of gender discrimination had been brought to the national Ombudsman, and what remedies the Ombudsman could provide; more detailed information about training programmes for the judiciary and law enforcement agents and whether the Convention was included; what indicators and mechanisms were used to monitor the implementation of the new laws in favour of women and the results of such laws, in particular with regard to violence against women; and whether the Government had already devised a follow-up to the previous equal opportunities programme, which only ran to 2009.

An Expert was particularly concerned about the continuing impoverishment of certain sectors of the Panamian community, and the continuance of violence against women. Femicide, in particular, was an issue, but it did not appear to be reflected in the current legal code.

There were already a plethora of women's bodies in Panama, Experts said, and it was unclear how they all functioned together. Moreover, the National Institute of Women was a new machinery with a new legal status. An Expert therefore asked if this was a coordinating organ or a functional government department? How did that new body relate to the already existing National Directorate of Women and the National Council of Women? Also, who were the members of that body, and were indigenous women and other vulnerable groups represented?

On the issue of special measures, an Expert did not feel Panama used that tool enough, and that when it did it was not done properly. In that connection, the situation of Afro-Panamanian women, who suffered from poor economic status, low literacy and lack of health care, would be a good target group for such measures. The same was true of Asian-Panamanian women. Education, health, employment and protection measures in particular should be a target for such measures.

Regarding violence against women, an Expert was concerned that adoption of a national plan to combat violence against women had been delayed; and that the number of women victims of violence had increased in recent years. Regarding the new protection plan, what sanctions did it carry for perpetrators? Had any cases been brought to the courts? In 2007, Panama had established an integrated national crime statistics database. However, there was still a lack of clarity on crimes against women, and information on femicides was limited. How did the Government intend to collect more accurate statistics on femicide as well as other forms of gender-based violence? A further concern was that the three existing shelters for women victims were overcrowded. Another area of concern was the situation of lesbians and transgender individuals.

Experts were further concerned about "slave-like" conditions in prostitution, with parents of young girls receiving money for their services. In that connection, they asked a number of questions on trafficking-related issues.

Response by Delegation

Responding to questions, the delegation said, with regard to the equal opportunities law and the definition of discrimination, that the Convention on the Elimination of All Forms of Discrimination against Women had a legal status that was superior to domestic legislation, and could be invoked in the courts. The law on equal opportunities was directly linked to efforts to implement the Convention, although the level of implementation of that law had not been what they had hoped so far.

The National Institute for Women was of fundamental importance. In 1977, the Ministry for Children, Youth and the Family and the National Directorate of Women had been set up under the Ministry of Labour and Social Welfare. The Ministry had evolved into the Ministry for Social Development, and the National Directorate for Women had been reformed and transformed into the National Institute for Women. The delegation also highlighted the existence of an Office on Gender and Labour, under the Ministry of Labour, which ensured tripartite integrated participation to improve labour conditions in Panama.

The Plan on Equal Opportunities for Women would be completed this year. Under the labour strategy, they were promoting consultations on an equal opportunity policy. Areas of focus included women in justice, sexual and reproductive health and political participation. On 8 March a first workshop with indigenous women would be held where the government would study the first inputs on what indigenous women expected from a public policy for equal opportunities.

On violence, the delegation said the Government was working in rural and other areas to address issues of violence against women. On the border with Costa Rica, the Government was working with its Costa Rican counterpart to address such issues. One of the most important crosscutting issues was the issue of femicide. A 2006 study on femicide had noted the increase in those crimes against women. The subject of femicide in countries of the Latin American region had begun to be studied in the 1990s, but it was also recognized at the level of the State and civil society. It was not just murder; it was specific targeting of women. As to the reasons for the increase of cases of femicide, with 71 cases in 2009, that was related to an increase in crime. Many femicides were linked to drug crime and other violent crime.

Regarding penalization of femicides, in 2005 and in 2006, there were over 3,000 cases yearly. There had been some convictions, acquittals and continuing cases. The National Observatory of Gender Violence reported to the Ombudsman, and the National Institute for Women was working with them and others to gather statistics in this area so that mechanisms could be formulated to address this issue in a more targeted way.

On the subject of stereotyping. Law No. 4 on equal opportunities dealt with that sort of discrimination and training was provided for educators and law enforcement in this area.

Turning to indigenous issues, social workers were being trained to deal with indigenous issues, including on prevention of disease, prevention of violence against women and against children, on the right to be heard, and others. Those social workers would then report back to the government with recommendations on measures to be taken. As a first step, relevant legal instruments were being translated into indigenous languages. An indigenous woman was on the board of the National Institute for Women, and in one indigenous area, an indigenous woman was a candidate for Parliament.

A public policy had been launched to ensure proper care for pregnant women and infants, by Executive Decree, and was presided over by the First Lady, to ensure that all children under six years old had access to adequate care and nutrition and that women had access to work, while being enabled to breastfeed their children. Medicines would be provided to indigenous groups and maternal clinics would be set up, in addition to a hospital, and there were plans for multicultural bilingual education, including at the pre-school level.

There was a gap in the application of the laws regarding domestic violence, the delegation acknowledged. The new Government was doing everything it could do to address that, and trying to ensure coordination among the various Government bodies and ministries.

For young offenders, there were different institutions promoting policies on how to deal with young offenders. There was a rehabilitation centre for young people coming out of the system. Of course, they were trying to prevent young people from becoming involved in criminal activity, in particular gangs.

On stereotypes, the delegation acknowledged that there were many in the country and they persisted. They had launched campaigns; however, they needed to take this up again with the media and to provide trainings to journalists. The First Lady was very much involved in this area. The population needed to be educated at all levels on sexual education and health, so that people's sexual choices would be respected. It was a process in which civil society needed to be involved. This was the Inter-American Year of Women, and Panama would be cooperating with a United Nations anti-violence television and media campaign that focused on young people.

On trafficking, the Criminal Code had been amended to criminalize human trafficking, and specifically included language on trafficking of children for purposes of sexual exploitation, including advertising or encouraging that practice. Panama had adopted a fairly pro-active position on that. Recently, it had participated in Vienna on recommendations to be formulated by the Conference of Parties to the Palermo Protocol. The Government and Ministry of Justice recognized that it was a transit country for trafficking, in particular for sexual exploitation. Regarding a lack of convictions, it was noted that victims often refused to help the authorities and preferred to be sent back to their countries of origin.

The Government was doing a great deal to raise awareness of the security and law enforcement authorities about the situation of human trafficking and the sex trade, which were human rights violations. A unit to assist victims of trafficking had also been set up. A major portion of the trafficking for sexual exploitation was linked to the illicit traffic in migrant workers. Panama was working with other countries to combat such trafficking, in particular as it was a transit country.

The Government was in the process of implementing a new penitentiary "city", which would be built in accordance with international human rights standards, to ensure that detainees, both men and women, served their sentences under dignified conditions, and were segregated in different areas depending on the seriousness of their crime. There would be education centres, with computers, and a health area where prisoners could receive periodic examinations and help. Construction should be completed in three years. Until then, they were working to improve conditions in prisons. A new women's prison had been built, and most of the rehabilitation efforts undertaken for convicts had been directed at women prisoners, with some excellent results. There were no gynaecologists, but women did receive health treatment for tuberculosis and HIV/AIDS.

Femicide was one of the main concerns for Panamanian women. The National Institute for Women had held meetings with Parliamentary women, and was working towards a further revision of the Criminal Code to incorporate femicide, as well as other measures in favour of women, such as an electronic bracelet for aggressors. This would not be an easy process, as Panama was a rather "macho" society, but the State would work with civil society and the National Council to make it a reality.

As for training of judges, there was a gender and justice unit in the Government. Last year, they had adopted the national plan for access to justice, one of the major tasks of which was to heighten the awareness of and to train all judges and representatives of the public prosecutors office. Administrative justice, the police and other municipal and district officials responsible for protection were also trained by the National Council for Women. The plan for access to justice was a quantitative leap towards ensuring that the provisions of the Convention, as well as the optional protocol, were incorporated in the justice system. There were cases in which the Convention had been applied in Panama. In 2004 and in 2009, judges applied the Convention, which meant that it was well known by the Supreme Court and by members of the Bar Association.

Response by Delegation

Responding to those questions, the delegation said, with regard to the definition of discrimination in the law on equal opportunities, that the law specifically provided for the definition as based on the Convention on the Elimination of All Forms of Discrimination against Women. However, while that definition was based on the letter of the Convention, it was based in theory on the Constitution and on respect for human rights and equality between men and women. One of the main problems, as underlined this morning, was the difference between de jure and de facto situations. It was a society where sexist stereotypes continued, and they were making an effort to establish clear lines.

The delegation said it was grateful for the advice of the Committee regarding special measures, in particular regarding the issue of violence against women, and that would be taken into account in the next phase of Government implementation. Other areas where policies and strategic objectives would be launched for the benefit of women would be with regard to migrants, stereotypes and communication.

There was continuous training at police centres, i.e. basic training and continuing training. Human rights and gender violence were subjects that were included in those courses. There was a gender department within the police. On 24 March, the National Council of Women would hold a number of training sessions with members of the Migration Unit, the Police, the National Border Guard Service and others.

The Office of the Ombudsman had two important components. One related to civil society and provided the Government with data on subjects relating to women and to the public on the situation of human rights. That was a sort of an observatory service. There was also cooperation on human rights, on training, and on heightening awareness of civil society and the Government.

Questions by Experts

In a further series of questions and comments, Experts, with regard to women in decision-making positions, commended the fact that women had managed to fill 50 per cent of the judicial positions, and asked about why that statistic was so high as compared with other areas. Also, with the number of female parliamentarians approaching the 30 per cent quota mark, would the Government consider increasing the quota now to 50 per cent? Other statistics requested in this area were the number of women involved in the Diplomatic Service, and the number of Afro-Panamanian women in the Parliament.

Response by the Delegation

Responding on the issue of women's participation in decision-making positions, the delegation emphasized that women's participation in the political sphere was quite noticeable. With the exception of two ministries – labour and health – the heads of technical cooperation of all the other ministries were women. There was an Afro-Panamanian woman Minister of Education, an Afro-Panamanian woman Secretary-General in the Ministry of the Interior and Justice, and the Supreme Court had a female head of African origin. A Panamanian woman was also on the Criminal Court for the Rwanda Genocide. As for the Diplomatic Service, there was a deputy Ambassador here in Geneva who was a woman. Further statistics would be sent to the Committee later.

The National Council of Women, in cooperation with the Association of Women Parliamentarians in Panama, was fighting for parity between women and men in political life. As to why they had not reached the 30 per cent quota when political parties were required to devote 10 per cent of their training funds for women, the delegation noted that there were no penalties for those who did not comply with that requirement. Until they had funding to participate in political process on an equal footing with men, it was very difficult for women to get seats. Within the political parties there was influence exerted to ensure women's political participation, and that was important progress. However, it was often at the balloting stage that women had difficulties, as there was a need for significant financial resources to conduct a campaign. Another factor to bear in mind was that, at present, there was not enough support for women's candidates by women themselves.

Questions by Experts

In additional questions and comments, with regard to education, Experts wondered about the wage gap between men and women, and measures in the education sphere to combat sex stereotypes that steered women into particular fields; what was being done to ensure that indigenous women and girls received education appropriate to their needs, in particular given that they were often kept by their families from attending school; and what programmes existed to ensure that pregnant girls re-entered the school system. There was a high level of child labour, 11 per cent for children ages 5 to 17, and an Expert asked what was being done to ensure that those children were able to go to school.

On the low level of women in formal employment in Panama, an Expert asked what was being done to promote women's access to capital to finance women's entrepreneurship. Were job training and placement services available to women? And was the Government planning to amend its Labour Code to include the principle of equal pay for equal work?

An Expert, noting that the labour law had been amended to include sexual harassment, wondered if any cases had been brought under that law and if any study had been done to monitor the impact of the law. Also, he wondered if there was a practice of giving women pregnancy tests as a condition for admission to employment and what the situation was with regard to that. He had received “alarming” information that the incidence of domestic labour among girls was on the rise, and asked for more information.

On health issues, Experts asked for statistics on the maternal mortality rate; what percentage of health facilities were in rural areas and what percentage in indigenous areas; why the maternal mortality rate of indigenous women was so much higher than that for the rest of the country; and a need for disaggregated data with regard to the statistic on "violent deaths" of women, which currently included assault, accidents, self-inflicted wounds, and others. There was also a lack of data or information on the mental health of women, and an Expert asked for further information, including on women suffering from post-traumatic stress disorder. On abortion, while there was a provision for therapeutic abortions and abortion in the case of rape, there had been reports that the law was not always followed and it was wondered what was being done to ensure that women could claim their rights.

Response by the Delegation

Responding to those questions and others, with regard to education, the delegation noted that the National Institute of Women was working with Panamanian Universities to analyse the whole subject of women's greater access to careers and avoiding replicating traditional roles, for example that science and technology were men's fields. There were more qualified women than men, yet women were paid less salaries for the same jobs as men, the delegation acknowledged. In the Gender Office they were working to revise the Labour Code to bring about a real transformation in this area. They were also looking at best practices and working with employers to help them to respect their workers' rights.

On salaries, while wage policy was not specifically designed to ensure equal pay for equal work, there was a minimum wage and a single wage scale had been established in the area of domestic service, which was an area in which mostly women worked, the delegation added.

Concerning education, the National Institute for Women was working to revise the Ministry of Education's curricula, so that it would be in line with advances and in particular with regard to gender education, and introducing courses on sexual and reproductive health. There was an item on self-esteem incorporated in the reproductive health course, and an item on HIV/AIDS. An adult literacy programme had also been carried out at the national level, having trained more than 5,000 people so far, many of them women. Eradicating illiteracy among the indigenous was one of the priorities of the Government and so this literacy training for adults in remote areas would continue.

There was a monitoring mechanism for the programme to implement the Millennium Development Goals, which had shown that the Government was making some headway against poverty. There was an authority for small enterprises that provided credit on the basis of a guarantee fund. A recent report, however, showed that it was not enough to have access to the guarantee fund for Panamanian women to have access to credit. The Government was now working to ensure loans directly to women, targeting indigenous and remote communities, to the tune of $1,000 per women, and that programme aimed at providing $20 million this year. Programmes had also been launched to improve the capacity of rural and indigenous women to find productive employment, and encouraged small groups in rural areas, including indigenous women, to form small cooperatives, to grow their own food, among others.

The Government was committed to pursuing a serious, consistent policy to put an end to child labour, which was a major concern of Government. The Ministry of Labour was working with the ILO, the Ministry of Health, a private foundation and other actors to reduce the levels of child labour.

Substantial changes had been made in State health policy in recent months with the new health policy focusing on specific groups, including the seven indigenous groups in Panama. All pregnant women in Panama were assured free medical care and social assistance throughout their pregnancy. When mothers lived in remote areas, then health promotion was directed through medical visits and vaccination campaigns. At the beginning of last November the health office launched a massive medical visit campaign, starting in the remote areas, and now moving to the cities. There were a number of hospitals, health centres and clinics in indigenous areas.

Questions by Experts

In a final round of questions, with regard to family relations, a Committee Expert noted that the marriage age was much lower than that set by the Convention on the Rights of the Child and was lower for girls (14) than for boys (16), and asked about any plans to change that "dangerous situation". She was also concerned about the situation of women following the break up of a marriage, and whether the "shared profits regime" in place counted the value women supplied through their work inside the family. Experts also asked about the numbers of girls entering into early marriages.

Response by the Delegation

Responding to questions on the issue of family relations, the delegation noted that when there was a break down of marriage leading to divorce that could lead to two different results. In one case, there would be a marriage contract. If there were no such contract, any moveable assets acquired during the marriage would be distributed equally. That did not include intangibles, such as pension benefits. If there was a question of maltreatment, either of the wife or the children, the State could issue protection orders, but the basic objective was not to upset the children. Another procedure provided for maintenance payments, in cases where the wife had never worked. Those payments would continue until she remarried or was living with another man. Child payments were made either up to age 18 or until they left university. In the case of de facto marriages, there was a civil registry and once the marriage was proved the two partners had the same rights as in a regular marriage. If a woman had had a relationship for a man for many years without marrying she also was entitled to a certain maintenance when that relationship came to an end.

From January 2009, the National Secretariat for Women, Children and Adolescents had been set up, and it was developing public policy in this area. There was a five-year plan, worked out with the United Nations Children's Fund, until 2015, but there was no draft family code in place yet. The concerns of the Committee regarding discrimination in the age of marriage would be referred to them, however.

Currently, under national legislation there was only marriage between a man and a woman. The issue of same-sex marriages was being discussed internationally, but at the local level in Panama this had not been raised.

Concluding Remarks

In concluding observations, NAELA GABR, Committee Chairperson, said it was clear that from 1998 until today there had been significant progress and improvement in the situation of women in Panama. She welcomed that Panama had joined the Optional Protocol and that many laws had been enacted in favour of women. However, there remained a problem in the implementation and the monitoring of implementation of those laws. The Government would be requested to follow that up very closely. It was also hoped that in future civil society would be more involved in preparing the periodic report.

Regarding women's mechanisms, Ms. Gabr hoped that they would be provided with a wider competence in order to follow-up implementation of laws, as well as to be consulted when developing policies and legislation.

Ms. Gabr was concerned in particular about special temporary measures. She had the feeling that Panama was not very enthusiastic about implementing such measures, although they were very important. There were a number of fields in which they should implement them. The delegation had mentioned the field of political participation, although the 30 per cent quota had not been reached. Other areas that needed special attention were education, health, rural women, indigenous women and women of African descent.

The Committee was also concerned about the problem of extreme poverty and the impact that had on women, in particular rural women. It was also extremely concerned about the issue of trafficking, especially trafficking in girls and poor and indigenous women.

Ms. Gabr hoped that, on the return of the delegation to Panama, the issues discussed today in the meeting would be discussed among the Government, as well as with civil society, parliament and the media and that they would then be able to take the necessary measures to ensure that all women, including indigenous women, enjoyed their rights.

Also in concluding remarks, MARTA SUSANA GONZALEZ RUIZ DE VARELA, Deputy Minister of Social Development of Panama, said that Panama had made considerable progress, but was aware of the challenges ahead of them, which the Committee had referred to. She thanked the Committee in particular for recommendations regarding special measures, and noted that the new Government had a real commitment to implementing existing legislation. The delegation on its return to Panama would do all that was necessary to ensure that it initiated programmes where there was not sufficient protection and promotion of women's rights.


For use of the information media; not an official record

CEDAW10/014E