30/7 Report of the Working Group on the Universal Periodic Review - Panama

Human Rights Council Thirtieth session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Panama

* The annex to the present report is circulated as received.

Contents

Page

Introduction ......................................................................................................................................... 3

I. Summary of the proceedings of the review process ............................................................................ 3

A. Presentation by the State under review ....................................................................................... 3

B. Interactive dialogue and responses by the State under review .................................................... 5

II. Conclusions and recommendations ..................................................................................................... 13

Annex

Composition of the delegation ......................................................................................................... .. 21

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-second session from 4 to 15

May 2015. The review of Panama was held at the 5th meeting, on 6 May 2015. The

delegation of Panama was headed by the Minister of Labour and Labour Market

Development, Luis Ernesto Carles. At its 10th meeting, held on 8 May 2015, the Working

Group adopted the report on Panama.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Panama: Germany, Ghana and the Russian

Federation.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Panama:

(a) A national report (A/HRC/WG.6/22/PAN/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/PAN/2);

(c) A summary prepared by OHCHR (A/HRC/WG.6/22/PAN/3).

4. A list of questions prepared in advance by Belgium, Germany, Liechtenstein,

Mexico, Spain, Slovenia, Sweden and the United Kingdom of Great Britain and Northern

Ireland was transmitted to Panama through the troika. These questions are available on the

extranet of the Working Group.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation began its presentation indicating that the universal periodic review

had been an opportunity to assess the human rights progress in Panama and listen to the

recommendations of the international community.

6. In less than one year in office, the Government had taken steps towards the full

implementation of the human rights obligations of Panama in the areas of freedom of

expression, relations with unions and indigenous peoples, the procedure for determining

refugee status and matters related to transparency and accountability.

7. The Government had focused its efforts on institution-building through a strategy

that included the ratification of human rights instruments, the harmonization of national

legislation with international obligations, the establishment and renewal of institutions and

the implementation of public policies aimed at achieving that goal.

8. One of the commitments undertaken by Panama during its first review was to

transform the inter-institutional commission set up to prepare its national report into a

standing body. In July 2012, by executive decree, the national standing commission for

monitoring and ensuring compliance with the human rights commitments of Panama at the

national and international level was established. The commission held consultations with

key civil society organizations working on human rights for the drafting of the national

report for the second review.

9. Also, a subcommission was created to set up the national mechanism for the

prevention of torture, also with civil society participation. The subcommission agreed that

the national mechanism would be a new independent institution created by law.

10. The delegation added that, in compliance with universal periodic review

commitments, Panama had ratified the convention on statelessness, the International

Convention for the Protection of All Persons from Enforced Disappearance, the Optional

Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment and the Domestic Workers Convention, 2011 (No. 189) of the

International Labour Organization (ILO). Likewise, Panama had accepted the competence

of the Committee on the Elimination of Racial Discrimination to receive individual

petitions. The debate regarding the ratification of ILO Indigenous and Tribal Peoples

Convention, 1989 (No. 169) was ongoing within a recently established working group

comprising representatives of the Government and of indigenous peoples.

11. Moreover, under the standing invitation to special procedures mandate holders,

Panama had received visits from the Rapporteur on the rights of indigenous peoples and the

Working Group of Experts on People of African Descent.

12. The delegation acknowledged that some reports before the United Nations treaty

bodies remained pending. The aforementioned standing human rights commission would

draft a workplan to address this issue in the near future.

13. The delegation considered that the fight against discrimination should begin by

acknowledging its existence. The Government had recognized the persistence of cultural

and social attitudes that tended to discriminate against certain groups. In this context, to

address the absence of statistical data relating to persons of African descent and the

indigenous population, the 2010 census included the option for respondents to self-identify

as Afro-descendant or indigenous. Additionally, the Government had adopted extensive

legislation on affirmative action to protect the lands, culture and institutions of indigenous

peoples. Also, electoral districts had been designed to facilitate the election of indigenous

representatives to the National Assembly. The delegation acknowledged, however, that the

enactment of comprehensive legislation prohibiting discrimination on any ground,

including race and ethnicity, was still pending.

14. Regarding the rights of indigenous peoples, the delegation recalled the restoration of

the repealed articles of the General Environmental Law granting indigenous people rights

over natural resources on the lands they inhabit, the adoption of legislation on the

protection of traditional medicines and the right to consultation, and the recent legislative

restoration of the free and informed consent of indigenous peoples in relation to measures

affecting them. The delegation recognized, however, that the indigenous population

continued to have the highest rates of poverty and extreme poverty. Therefore, the

Government was preparing a comprehensive development plan with the participation of

indigenous peoples.

15. The delegation indicated that the Government had requested the United Nations

High Commissioner for Human Rights to provide technical assistance aimed at training the

police in the proper use of force and incorporating in the curriculum of the police institute a

human rights approach.

16. The delegation acknowledged that serious human rights violations were committed

during the events of 6–10 July 2010 in Changuinola. Law 144/ 2015, which was adopted

with the consent of the concerned persons, established a series of measures for providing

redress to the victims. Furthermore, during the public enactment of the Law, the President

of Panama, Juan Carlos Varela, apologized on behalf of the State to the victims and people

affected by the events.

17. On violence against women, Panama adopted in 2013 a law that criminalized

femicide. The State has also taken steps for the implementation of this law, including the

appointment of a special prosecutor and the creation and regulation of the National

Committee on Violence against Women. The delegation noted, however, that the regulation

implementing the law, still pending, would need to be drafted in the near future.

18. On the issue of trafficking, measures had been taken to ensure the adequate care of

victims in the context of judicial proceedings. Also, the number of specialized trainings had

increased for staff in the police, the prosecutors’ offices, the judiciary, the migration office

and the health and education ministries. The delegation committed itself to the prompt

adoption of the regulation implementing Law 79/2011, to the provision of a budget to the

National Commission against Trafficking in Persons and to the building of a shelter for

victims of human trafficking, in accordance with international standards.

19. Also, as part of a comprehensive public safety policy, the Government was

implementing a safe neighbourhoods programme aimed at addressing criminal activity

involving gangs through processes and spaces of social integration for young people who

belonged to or remained close to them.

20. Regarding refugees, the National Assembly passed Law 74/2013 permitting refugees

to apply for residence after three years of living on Panamanian soil. The Government has

also improved the process for determining refugee status so that it is in accordance with

international standards. In addition, the delegation committed itself to the prompt adoption

of a decree regulating the mechanism to determine statelessness.

21. On immigration, the Government had continued its policy of openness by

regularizing the situation of 57,652 foreigners between 2010 and 2014. The delegation

recognized that currently the conditions in migration shelters were not adequate.

Consequently, the Government was committed to building a new women’s shelter with the

infrastructure necessary to ensure appropriate treatment. Similarly, the conditions in the

men’s shelter were being improved.

22. The delegation acknowledged the need for measures to ensure the independence and

impartiality of judges. The National Assembly was debating a bill to establish a judicial

career and, with the support of civil society, the executive branch had submitted to

Congress a bill on community justice.

23. With regard to the rights of children, the delegation reported that the Government

had recently adopted legislation to raise to 18 years the legal minimum age for marriage

and had set up an inter-institutional commission to prepare a draft law on the protection of

the rights of children and adolescents.

24. The delegation added that a ministry for the environment had recently been

established to face the challenge of guaranteeing the right to a healthy environment.

25. The delegation reiterated the commitment of Panama to continue to promote

compliance with its human rights obligations and take positive measures to ensure the

conditions necessary for the full enjoyment of the human rights of every person living in

the country.

B. Interactive dialogue and responses by the State under review

26. During the interactive dialogue, 49 delegations made statements. Recommendations

made during the dialogue can be found in section II of the present report.

27. Ecuador acknowledged efforts made since the first universal periodic review,

particularly the ratification of the Optional Protocol to the Convention against Torture, the

Convention relating to the Status of Stateless Persons and the International Convention for

the Protection of All Persons from Enforced Disappearance. It highlighted the adoption of

laws on benefits for persons with disabilities and the “El Solca” software, which permits

such persons to be independent in the areas of education, work and social life. Ecuador

made recommendations.

28. El Salvador recognized the commitment of Panama to the universal periodic review

and the breadth of civil society participation in the preparation process. It welcomed the

importance given by Panama to the implementation of public policies on the administration

of justice, citizen security, trafficking in persons and equal opportunities for women, among

others. It underscored the main advances made on issues such as persons deprived of

liberty, children, indigenous peoples, refugees, migrants, persons with disabilities and Afro-

descendants.

29. The Bolivarian Republic of Venezuela valued the efforts of Panama to implement

previously accepted recommendations. It highlighted the ratification of the International

Convention for the Protection of All Persons from Enforced Disappearance and the

Convention against Torture, as well as the decrease in the unemployment rate and extreme

poverty, and measures adopted to ensure adequate housing for poor families. It made a

recommendation.

30. France welcomed the implementation of many of the recommendations Panama

received during the first review. It noted the establishment of a commission responsible for

monitoring the implementation of review-related recommendations, and the creation of the

Ombudsman’s Office and the National Secretariat of Childhood, Adolescence and Family.

France made recommendations.

31. Georgia welcomed the ratification of the Optional Protocol to the Convention

against Torture and the Convention relating to the Status of Stateless Persons, commended

Panama for extending a standing invitation to the special procedures mandate holders and

welcomed the establishment of the national standing commission to ensure compliance with

and follow-up to human rights obligations. It also commended Panama for its efforts

regarding domestic violence. Georgia made a recommendation.

32. Germany noted with appreciation the positive developments, in particular in the

fields of the rule of law, the fight against corruption, media freedom, privacy and torture

prevention. Germany remained concerned about persistent human rights violations in other

areas and encouraged Panama to make further efforts, particularly with regard to the

situation in detention facilities, domestic violence and the rights of marginalized groups.

Germany made recommendations.

33. Ghana commended Panama for the creation of the Anti-Discrimination Unit, which

deals with cases of racial discrimination against indigenous and Afro-descendant

populations, and considered the provision of legal assistance by the office of free legal aid

to crime victims, particularly women, a step in the right direction. It noted various

innovative steps to render effective judicial services to handle expeditiously a backlog of

cases. Ghana made recommendations.

34. Guatemala welcomed the creation of the national standing Commission to ensure

compliance and follow-up on national and international human rights commitments. It

highlighted advances on gender equality, such as the adoption of laws to criminalize

femicide and laws on trafficking in persons and female sterilization, and the adoption of a

public policy on equal opportunities for women. Guatemala made a recommendation.

35. Honduras welcomed legislative changes and measures taken to strengthen the justice

system, the inclusion of persons from vulnerable groups and the reduction of poverty and

inequality. It praised the transparency showed by Panama in recognizing the existence of

racial discrimination in the country, as well as the vulnerable condition of persons with

disabilities and the actions taken to deal with those situations. Honduras made

recommendations.

36. Indonesia welcomed the fact that the report of Panama was the result of an inclusive

dialogue involving a wide range of ministries, agencies, parliamentarians, academics,

human rights experts and civil society organizations. It appreciated the establishment of the

Ombudsman’s Office and the national standing commission on human rights and

commended efforts to improve the migration policy and combat trafficking in persons.

Indonesia made recommendations.

37. Ireland welcomed the ratification of several international human rights instruments,

the introduction of legislation on indigenous peoples and steps to improve the functioning

of the judiciary. Ireland was concerned about reports of pervasive discrimination against

indigenous, ethnic and sexual minorities resulting in denial of their rights to political

participation and access to employment and basic services. It noted with great concern

reports of restrictions on freedom of assembly and association, in particular with regard to

trade unions. Ireland made recommendations.

38. Italy noted with appreciation the measures mentioned in the national report aimed at

addressing discrimination against lesbian, gay, bisexual, transgender and intersex people

and encouraged the Panamanian authorities to keep tackling this issue. It welcomed the

development of human rights education programmes in schools as a cross-cutting issue.

Italy made recommendations.

39. Mexico underscored the open invitation to special procedures mandate holders and

noted with satisfaction that a process of inter-institutional consultations with the

participation of civil society had started for the preparation of the report. It acknowledged

advances made since the previous review, particularly the creation of the national standing

commission to follow up on international human rights commitments. Mexico made

recommendations.

40. Montenegro welcomed the establishment of the national standing commission on

human rights and asked Panama to elaborate on progress achieved in fulfilling its

international commitments since the establishment of the new body. It noted the progress

made towards achieving gender equality and asked Panama to elaborate on results achieved

in the implementation of measures aimed at eliminating all forms of violence against

women. Montenegro made recommendations.

41. Namibia welcomed the efforts of Panama in respect of the Ombudsman’s Office, the

prison training academy, the national coalition for development, the national human rights

commission, the State policy on equal opportunities for women and the implementation of

the action plan for 2015–2019. It made recommendations.

42. The Netherlands welcomed the effort of the Government, the private sector and the

National Council of Private Enterprise to reduce child labour. It noted the ratification of the

Optional Protocol to the Convention against Torture and welcomed the draft bill to better

define the principle of equality in the Constitution. It noted with concern the prison system

and anti-discrimination legislation. The Netherlands made recommendations.

43. Nicaragua highlighted advances within the judicial system through the adoption of

the law on judicial careers and the human rights training programmes for the national

police. It underscored advances regarding gender, such as the criminalization of femicide

and trafficking of persons and the adoption of a public policy on equal opportunities for

women. Nicaragua made recommendations.

44. Paraguay appreciated the achievement of universal enrolment in primary education

and legislation enacted in 2010 establishing the right of indigenous peoples to bilingual and

intercultural education. It welcomed the work of the national standing commission on

human rights. It also welcomed the ratification of the Optional Protocol to the Convention

against Torture and encouraged Panama to continue its efforts to strengthen the national

prevention mechanism against torture. Paraguay made recommendations.

45. Peru highlighted advances such as the establishment of the national standing

commission on human rights, the creation of a vice-ministry for indigenous affairs, the

ratification of the Optional Protocol to the Convention against Torture and the International

Convention for the Protection of all Persons from Enforced Disappearance and the open

invitation made to all special procedures mandate holders of the Human Rights Council.

Peru made recommendations.

46. The Philippines welcomed the establishment of the national human rights institution,

the recognition of the existence of racial discrimination against Afro-descendants, the

increased labour participation of women, the improvements in legislation relating to human

trafficking and the ratification of several core international human conventions. The

Philippines made recommendations.

47. Portugal welcomed steps taken to protect human rights since the first review, such as

the ratification of the Optional Protocol to the Convention against Torture and the

International Convention for the Protection of All Persons from Enforced Disappearance

and the accession to the two conventions on statelessness. It was concerned, however, about

the high levels of violence against women and children. Portugal made recommendations.

48. Romania congratulated Panama for progress made concerning fulfilment of the

Millennium Development Goals, in particular on extreme poverty, and for the

establishment of a national human rights institution. It made recommendations.

49. Rwanda welcomed the establishment of a national standing commission to ensure

compliance with and follow-up on human rights obligations, its policy on equal

opportunities for women and the reduction of poverty. Rwanda made recommendations.

50. Sierra Leone welcomed the conditional cash transfer and welfare programmes. It

noted with concern the disparities between indigenous and non-indigenous communities

regarding political participation. It urged Panama to enforce indigenous rights regarding

political participation, establish a national policy that protects and promotes the rights of

children and improve access to health care and education in rural areas and within

indigenous communities. Sierra Leone made recommendations.

51. The Panamanian delegation indicated that its Government would soon approve the

amendments to the Rome Statute of the International Criminal Court on the crime of

aggression and on article 8. Moreover, the Government was preparing the necessary

declarations to accept the competence of the Committee against Torture and the Human

Rights Committee to receive individual communications regarding Panama.

52. The delegation outlined a series of social programmes that had been developed by

the Government to fulfil its commitment on social inclusion for all citizens. The

Government was persuaded that the incorporation of a human rights approach in the

strategies on poverty reduction and development in general would strengthen them.

53. Panama has committed itself to generating statistics on the situation of persons with

disabilities, to guide the drafting of public policies. The delegation also detailed a number

of additional measures to ensure respect for the rights of persons with disabilities.

54. Singapore welcomed the laws criminalizing femicide, implementing the State policy

on equal opportunities for women, halving the population living on $1 a day and increasing

health standards. It noted with concern the wage gap between men and women. Singapore

made recommendations.

55. Slovenia welcomed the criminalization of femicide and the commitment to

preventing torture. It noted with concern the lack of efforts to eliminate the practice of

making women take pregnancy tests to gain employment. It encouraged Panama to

establish an effective national preventive mechanism that complies with the Optional

Protocol to the Convention against Torture and to take measures to abolish the practice of

employment-related pregnancy tests. Slovenia made recommendations.

56. Spain congratulated Panama for ratifying the Optional Protocol to the Convention

against Torture, the Convention relating to the Status of Stateless Persons and the

International Convention for the Protection of All Persons from Enforced Disappearance

and for extending a standing invitation to the special procedures mandate holders of the

universal and regional systems. Spain expressed concern for the unsafe and unsanitary

living conditions of persons deprived of liberty. Spain made recommendations.

57. Sweden noted that the Family Code and the Civil Code provided for the “right to

correct” children by using corporal punishment. It stated that child labour was common in

Panama, mostly in the agricultural and informal sectors, and that indigenous children were

overrepresented. Many children ended school early to contribute to the family income.

Sweden made recommendations.

58. Thailand welcomed the ratification of the Optional Protocol to the Convention

against Torture, the International Convention for the Protection of All Persons from

Enforced Disappearance and the establishment of both the Ombudsman’s Office and the

national human rights commission. It congratulated the Government on criminalizing

femicide, the laws on trafficking in persons, female sterilization and the State policy on

equal opportunities for women. It made recommendations.

59. Timor-Leste commended efforts to promote women’s rights by amending the

Criminal Code to criminalize femicide and punish violence against women. It noted,

however, that the numbers of such crimes remained high. Timor-Leste also commended the

special unit within the national police to investigate sexual offences. It made

recommendations.

60. Trinidad and Tobago commended several programmes aimed at promoting and

protecting human rights by building public awareness on the matter. It also commended

efforts to protect women, children and adolescents. Trinidad and Tobago noted existing

discrimination against indigenous and Afro-descendant peoples, and acknowledged the

establishment of the Anti-Discrimination Unit. It made a recommendation.

61. Ukraine noted the establishment in 2012 of the standing committee to ensure

compliance with and follow-up to the national and international human rights commitments

of Panama and encouraged the Government to take measures to further strengthen that

mechanism. Ukraine made recommendations.

62. The United Kingdom recognized the progress made in preventing ill-treatment, the

criminal justice system and pretrial detention. With respect to the ratification of the

Optional Protocol to the Convention against Torture, it urged Panama to establish a national

preventive mechanism. Concerns remained over the compliance with legislation on

indigenous peoples’ rights and about prison overcrowding. The United Kingdom

encouraged applying the adversarial criminal justice system and including in the

Constitution language on sexual and gender-based discrimination. It made

recommendations.

63. The United States of America welcomed the commitment to ratify human rights

agreements and promote equal opportunities for women. Despite the justice system

reforms, it noted the length of pretrial detention and prison overcrowding. It commended

steps to combat forced labour and trafficking for sex, and encouraged identifying and

protecting victims. It noted the limited rights of asylum seekers, urging Panama to provide

them with rapid access to education and basic services. It made recommendations.

64. Uruguay highlighted the ratification of the Optional Protocol to the Convention

against Torture and the International Convention for the Protection of All Persons from

Enforced Disappearance, and urged to ratify the Optional Protocol to the International

Covenant on Economic, Social and Cultural Rights and the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families. It

welcomed the standing invitation issued by Panama to the universal and regional special

procedures mandate holders, as a sign of its commitment to human rights. It commended

the establishment of the national standing commission on human rights. It made

recommendations.

65. Algeria welcomed the harmonization of the national legal framework with human

rights commitments. It mentioned, in particular, the adoption of a law on human trafficking

and legislation protecting and strengthening the status of women. Algeria made

recommendations.

66. Angola welcomed the implementation of measures to protect refugees and victims of

sexual exploitation, particularly women and children. It acknowledged the progress made to

combat poverty, trafficking in persons and unemployment and to protect juveniles’ rights.

Angola was concerned by the inhuman detention conditions and by the integration of

minorities, namely Afro-descendants. It made recommendations.

67. Argentina welcomed the ratification of the Optional Protocol to the Convention

against Torture, the International Convention for the Protection of All Persons from

Enforced Disappearance and the Convention relating to the Status of Stateless Persons. It

urged Panama to ratify the International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families and the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights. Argentina congratulated

Panama for the provision of economic assistance for the events occurred in Bocas del Toro

in 2010. It made recommendations.

68. Australia welcomed recent legal reforms to improve the judiciary, including the

move from an inquisitorial to an accusatory system. It remained concerned about the prison

conditions, particularly overcrowding, lack of adequate medical services and prolonged

pretrial detention. It also remained concerned that indigenous people continue to be

disadvantaged in accessing basic services, education and health. Australia made

recommendations.

69. Barbados welcomed the establishment of the Ombudsman’s Office and believed that

it could complement the work of the national human rights commission, which follows up

on the human rights obligations of Panama. It added that a coordinated approach to the

conceptualization of human rights policies would strengthen the human rights architecture.

It noted that the national report recognized the need to enact comprehensive anti-

discrimination legislation and called upon Panama to focus on bringing all racial and ethnic

groups into the mainstream for a more inclusive society.

70. Belgium acknowledged the progress achieved since the previous review, particularly

in the fight against impunity, the fight against all forms of discrimination, freedom of

expression, children’s rights and women’s rights. It expressed concern, however, regarding

the situation of women and girls and emphasized that, according to official sources, 200

femicides had been committed between 2009 and 2013. Belgium made recommendations.

71. Brazil acknowledged the progress made on poverty and inequality mitigation,

universal education, gender equality and the prevention of violence against women.

Discrimination against Afro-descendent and indigenous communities remained a challenge,

and no provision defined acts of racial discrimination. Brazil stressed its previous

recommendation that Panama ratify ILO Convention No. 169. It asked about strategies for

the birth registration of indigenous, migrant and refuge children. Brazil urged Panama to

adopt legislation on children’s and adolescent’s rights, and to protect lesbian, gay, bisexual,

transgender and intersex persons. It made recommendations.

72. Canada applauded the passing of Law 82/2013 defining the murder of women by

their spouses as an offence and penalizing violence against women. It also welcomed the

implementation of the new adversarial criminal justice system and encouraged Panama to

implement it in the whole country. Canada made recommendations.

73. Chile acknowledged the progress made by Panama, particularly towards the

eradication of violence against women, such as the criminalization of femicide. It noted the

development of a criminal accusatory system and the adoption of legislation on indigenous

peoples’ rights. The integration of children and juveniles in conflict with the law should be

a priority. Chile made recommendations.

74. China commended Panama for strengthening human rights mechanisms, training

prison staff on the issue of torture, improving access to justice through the judicial

facilitators programme, providing legal support, increasing resources for education,

promoting gender equality, increasing women’s employment and protecting their right to

education and protecting the rights of children and people of disabilities. China made

recommendations.

75. Colombia highlighted the commitment of Panama to human rights and its efforts to

implement the recommendations arising from the first review, in particular with regard to

the protection of vulnerable groups and access to health care. It took note of the action plan

on Afro-descendants. Colombia made recommendations.

76. Costa Rica highlighted the progress achieved by Panama and noted the ratification

of the Optional Protocol to the Convention against Torture and the International

Convention for the Protection of All Persons from Enforced Disappearance. It

acknowledged that some measures were being taken to harmonize domestic legislation with

international commitments and requested additional information on the commission that

would monitor compliance with human rights commitments. It made recommendations.

77. Cuba highlighted the preparation of the national report with the participation of the

Government, academia, experts and civil society. It acknowledged progress in

implementing the national plan for the prevention of sexual exploitation, gender equality,

the reform of the prison system and meeting the target of reducing by half the proportion of

the population living on less than $1 a day. Cuba made recommendations.

78. Morocco welcomed the institutional and legislative measures taken by the

Government for the implementation of the framework for the promotion and protection of

human rights, including the harmonization of the minimum age of marriage, the creation of

a national mechanism for the prevention of torture, the adoption of a law establishing a

comprehensive system of child protection and the creation of a shelter for victims of

trafficking.

79. The delegation of Panama, responding to questions sent in advance, noted that the

Government had been implementing a prison reform since 2010 to reduce overcrowding,

train personnel and enhance respect for the human rights of detainees. To this end, in 2011

the prison training academy was reopened and the working conditions of the prison staff

were being improved. The Government was also committed to adopting a law to

professionalize the prison service.

80. Likewise, 45 per cent of convicted persons deprived of their liberty were classified

and the separation of pretrial from convicted detainees was ongoing. Although the

Government was aware that constructing prisons did not by itself solve the problems of the

system, it considered it necessary to improve the prison infrastructure to ensure respect for

the human rights of detainees. In this regard, the “Nueva Joya” penitentiary, with a capacity

of more than 5,000 detainees, was about to open.

81. With regard to women deprived of their liberty, the Government had made a

diagnosis from a gender and rights perspective and had designed a special programme to

assist women in situations of confinement. In the case of juvenile detainees, the

Government had given priority to providing them with comprehensive care and improving

the infrastructure.

82. With regard to the rights of indigenous peoples, the Government was working on a

comprehensive development plan in consultation with indigenous authorities. The plan had

three components: political, economic and social. The political one was aimed at

strengthening the traditional indigenous structures and authorities. The economic

component sought to reduce poverty levels and improve the economic conditions of

indigenous peoples by strengthening their production and traditional economic structures.

The social axis sought to implement specific programmes to improve the levels of

education, culture, health, housing and infrastructure in indigenous territories.

83. With regard to the implementation of the adversarial criminal justice system, its

application would be extended to a third judicial district, out of four, in September 2015.

By September 2016, the system should be in place throughout the country. According to

official statistics, the duration of court proceedings applying the new justice system had

decreased by 63 per cent and the use of preventive detention had fallen by 60-70 per cent.

84. Regarding the questions and recommendations on actions taken to reduce violence

against women, Panama had developed regulations, plans, policies and programmes to

provide assistance to women facing various forms of violence.

85. The comprehensive centres for guidance and care of the Ministry of Social

Development provided free, comprehensive and specialized care, psychosocial counselling

and legal advice. The National Institute for Women also provided psychosocial and legal

support to women victims of domestic and other forms of violence through an

interdisciplinary team. Local networks to fight violence against women had also been

created, many of them with the support from entities of the United Nations system. Staff

working in the judiciary had also been trained, especially officers in contact with women

victims and alleged perpetrators.

86. The delegation emphasized that Panama was implementing a public policy on equal

opportunities for women. An inter-institutional plan was being elaborated, with wide

participation of civil society, to implement the policy.

87. The statistics system had been strengthened and updated with a gender perspective,

and projects for rural women were being carried out to provide access to advice, training

and credit, with the aim of promoting economic empowerment.

88. Panama thanked the delegations that had intervened during the interactive dialogue

in an open and constructive manner on issues that were of interest to the international

community and that affected the human rights of the Panamanian people.

89. In closing, the delegation manifested that, since 2010, the Government had worked

on the implementation of the recommendations it received during its first review. It

recognized that the work was not over. The delegation reiterated the Government’s

commitment to protecting human rights. The recommendations received during the second

universal periodic review would provide guidance and support to improve the culture of

coexistence and understanding, the cornerstones of the promotion of human rights, and

contribute to strengthening Panamanian democracy.

II. Conclusions and recommendations

90. The recommendations formulated during the interactive dialogue listed below

have been examined by Panama and enjoy the support of Panama:

90.1 Consider ratifying or acceding to ILO Convention No. 169 on

indigenous and tribal peoples in independent countries. Peru is ready to share

its experience on this issue with Panama (Peru);

90.2 Ratify ILO Convention No. 169 (Chile);

90.3 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal);

90.4 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Spain);

90.5 Continue its efforts for the full implementation of the Convention

against Torture (Indonesia);

90.6 Fully align its national legislation with the Rome Statute of the

International Criminal Court (Montenegro);

90.7 Fully align its national legislation with the Rome Statute of the

International Criminal Court (Slovenia);

90.8 Implement the Rome Statute of the International Criminal Court into

national law (Portugal);

90.9 Bring its national legislation in line with the Rome Statute of the

International Criminal Court and, in particular, incorporate the necessary

provisions to fully cooperate with the Court when it comes to investigating and

prosecuting for genocide, crimes against humanity and war crimes in its

national courts (Spain);

90.10 Take all necessary measures to ensure that its national legislation and

policies are brought in line with the obligations as set out in the Convention on

the Elimination of All Forms of Discrimination against Women, and to

adequately fund the institutions responsible for implementation of this

framework (Namibia);

90.11 Enhance efforts to ensure the protection of children’s rights, as

outlined in the Convention on the Rights of the Child and its Optional Protocols

(Italy);

90.12. Adopt legislation on comprehensive protection of children’s and

adolescents’ rights (Montenegro);

90.13 Continue efforts to enact a law on the comprehensive protection of

the rights of the child (Peru);

90.14 Consider amending its legal provisions to further ensure protection of

children’s rights, especially by raising the minimum working age in

agricultural and domestic service (Thailand);

90.15 Repeal the constitutional provision making it possible to refuse

naturalization on the grounds of physical and/or mental disability (Mexico);



The conclusions and recommendations have not been edited.

90.16 Step up actions to strengthen the national mechanism for the

prevention of torture (Paraguay);

90.17 Conclude the drafting and adoption of the national preventive

mechanism against torture and other ill-treatment in accordance with the

Optional Protocol to the Convention against Torture (United Kingdom of Great

Britain and Northern Ireland);

90.18 Establish a national mechanism for the prevention of torture, in line

with the Optional Protocol to the Convention against Torture (Brazil);

90.19 Strengthen the system for monitoring international

recommendations, by giving the permanent national commission sufficient

resources to carry out its mission (Paraguay);

90.20 Establish a mechanism to create an effective system for the protection

of children (Angola);

90.21 Consider developing human rights indicators as an instrument that

allows for a more precise and coherent evaluation of national human rights

policies (Portugal);

90.22 Continue efforts aimed at promoting the rights of children, in

particular children belonging to indigenous groups and children with

disabilities and HIV/AIDS (Ukraine);

90.23 Submit its overdue reports to the treaty bodies (Ghana);

90.24 Submit its overdue reports to the relevant treaty bodies (Sierra

Leone);

90.25 Strengthen the ongoing efforts in promoting women’s rights (Timor-

Leste);

90.26 Strengthen the institutions in the field of women’s rights and

organize training, sensitization and awareness-raising activities on the matter

(Uruguay);

90.27 Continue working on its national policy on equal opportunities for

women in order to enhance their participation and empowerment in public

processes (Nicaragua);

90.28 Consider reviewing its labour laws with a view to addressing the

wage gap between women and men and the elusive opportunities for working

women to occupy leadership and decision-making positions (Philippines);

90.29 Take further steps to achieve gender equality through ensuring equal

opportunity in the workplace (Singapore);

90.30 Continue efforts to increase women’s representation in decision-

making positions on an equal footing with men (Rwanda);

90.31 Adopt public policies to achieve the full political and economic

participation of women in Panamanian society (Chile);

90.32 Take steps to increase the participation of women in politics,

including through the implementation of measures on affirmative action or

quotas (Costa Rica);

90.33 Continue initiatives aimed at promoting the participation of women,

and continue literacy efforts, particularly for indigenous women (Ecuador);

90.34 Ensure the equal treatment and non-discrimination of all children,

irrespective of their ethnicity, including equal opportunity to access education

at the same level (Namibia);

90.35 Continue efforts in the fight against discrimination in all areas,

paying special attention to vulnerable groups (Nicaragua);

90.36 Adopt a legislative framework to fight racism and discrimination,

and implement educational, social and economic public policies to prevent

discrimination (France);

90.37 Adopt legislation prohibiting discrimination on all grounds including

race and ethnicity (Ghana);

90.38 Enact comprehensive anti-discrimination legislation prohibiting

discrimination on all grounds (Brazil);

90.39 Bring its legislation into conformity with its commitment to equality

and non-discrimination, including by prohibiting discrimination based on

sexual orientation (Canada);

90.40 Adopt and implement comprehensive anti-discrimination legislation

which prohibits discrimination on all grounds, including on the basis of race,

ethnicity, sexual orientation and gender identity (Ireland);

90.41 Adopt comprehensive anti-discrimination legislation, including on the

basis of sexual orientation and gender identity (Netherlands);

90.42 Adopt legislation prohibiting acts of discrimination on the grounds of

sexual orientation and gender identity, and adopt measures to promote the

rights of lesbian, gay, bisexual, transgender and intersex people and prevent

their discrimination (Chile);

90.43 Adopt the necessary judicial and administrative measures to ensure

effectively the investigation and punishment of cases of discriminatory

treatment by law enforcement officers, in particular against lesbian, gay,

bisexual, transgender and intersex people (Argentina);

90.44 Include sexual orientation and gender identity and expression among

the prohibited grounds of discrimination (Uruguay);

90.45 Increase efforts to protect the rights of indigenous people and persons

of African descent, including by adopting and strengthening tailored

programmes to reduce poverty and discrimination among these groups

(Germany);

90.46 Intensify its efforts to deal with discrimination to ensure that

indigenous peoples and people of African descent fully enjoy economic, social

and cultural rights, as enshrined in the Universal Declaration on Human Rights

(Trinidad and Tobago);

90.47 Ensure equal access to the enjoyment of rights such as education,

health, political participation, access to justice and integration into the labour

market for indigenous and Afro-descendant populations (Uruguay);

90.48 Take all necessary measures, including awareness-raising and

education, as well as legislative measures, to eliminate discrimination against

Afro-Panamanian people (Namibia);

90.49 Intensify efforts to ensure the realization of the human rights of Afro-

descendant populations (Rwanda);

90.50 Enforce laws which further ensure the integration and socioeconomic

participation of Afro-Panamanians and other people of African descent (Sierra

Leone);

90.51 Continue to adopt legislative and policy measures to fight racial

discrimination against persons of African descent (Algeria);

90.52 Adopt public policies aimed at the full integration of persons of

African descent that incorporate measures to prevent stigmatization, racial

discrimination and xenophobia (Chile);

90.53 Take appropriate legislative and public policy measures with a view

of continuing the promotion of the rights of Afro-Panamanians and the fight

against racism and xenophobia (Colombia);

90.54 Enact anti-discrimination laws which would better protect the rights

of indigenous communities (Sierra Leone);

90.55 Increase efforts and resources to reduce the gap between indigenous

people and other Panamanians in terms of access to health, education and

economic development (Timor-Leste);

90.56 Adopt measures to curb ill-treatment meted out by police officers to

persons deprived of their civil liberties (Ghana);

90.57 Take steps to put an end to overcrowding in detention facilities,

including by ensuring compliance with the requirements established in article

10 of the International Covenant on Civil and Political Rights and application

of the Standard Minimum Rules for the Treatment of Prisoners (Germany);

90.58 Step up its efforts to ease overcrowding in the prison system and

especially look for alternative non-custodial measures for adolescents

(Netherlands);

90.59 Continue to take steps to improve overall living conditions for

prisoners (Australia);

90.60 Continue adopting measures to respect and protect the rights and

human dignity of detainees (China);

90.61 Continue to implement the process of penitentiary reform based on

the three pillars established by the Government (Cuba);

90.62 Continue the implementation of laws to combat violence and

discrimination against women (France);

90.63 Take additional measures to protect victims of domestic violence

through effective implementation of its legislation (Georgia);

90.64 Increase protection for women victims of domestic violence by

implementing the existing legislation, investigating and punishing the

perpetrators, creating a sufficient number of shelters and providing police

protection (Germany);

90.65 Strictly apply without delay Law No. 82/2013, which criminalizes

violence against women (Ghana);

90.66 Take all necessary measures to ensure that Law No. 82/2013,

punishing acts of violence against women, is quickly followed by an

implementing regulation, and that protocols are developed to guarantee its

proper enforcement (Belgium);

90.67 Ensure prompt and effective implementation of the legislation to

eliminate violence against women (Slovenia);

90.68 Continue with the efforts to combat violence against women through

increased institutional coordination permitting the effective punishment of

crimes of violence against women and comprehensive assistance to women

victims (Spain);

90.69 Take measures to ensure the effective implementation of legislation to

eliminate violence against women, including by thorough investigation and

prosecution (Canada);

90.70 Take further measures to prevent the murder of women by their

partners, prosecute perpetrators and improve awareness of the issue (Canada);

90.71 Effectively implement existing legislation and provide enough

resources for the investigation and punishment of crimes of violence against

women (Chile);

90.72 Take all adequate measures to promptly eliminate all forms of

violence against women and children, including abuse and neglect of children

(Portugal);

90.73 Take further measures to combat gender-based violence, trafficking

in women and girls and sexual exploitation (Ukraine);

90.74 Eliminate all forms of violence against children by adopting proper

legislation and ensure its implementation (Slovenia);

90.75 Explicitly prohibit all corporal punishment of children in all settings,

including in the home, and repeal the power to “correct” in the Family Code

and the Civil Code (Sweden);

90.76 Increase the availability of specialized services for the victims of

forced labour and trafficking for sex, in partnership with civil society,

including by implementing the dedicated victim assistance fund as required by

law (United States of America);

90.77 Take appropriate measures to end illegal child labour, not least

concerning indigenous children (Sweden);

90.78 Strengthen the fight against trafficking in human beings, in

particular women, by implementing educational and awareness-raising

campaigns and enhancing support measures available to victims (Italy);

90.79 Continue to provide adequate human and other resources to its anti-

human trafficking programmes (Philippines);

90.80 Adopt measures to guarantee the independence of the judiciary

(Romania);

90.81 Continue its efforts to strengthen the independence of the judiciary at

both the legal and implementing levels (Belgium);

90.82 Continue the reforms aimed at limiting the use of preventive

detention and implement a uniform penal system (France);

90.83 Take steps to end lengthy pretrial detention and reduce prison

overcrowding, such as by increasing the number of court hearings per week

and fully implementing pending reforms to the justice system (United States of

America);

90.84 Implement the adversarial criminal justice system throughout

Panama (United Kingdom of Great Britain and Northern Ireland);

90.85 Continue to expand the new accusatory system to those provinces and

districts where the system is not yet in place (Australia);

90.86 Continue implementing throughout the country the criminal

accusatory system, ensuring the same criminal procedure for the whole

population (Chile);

90.87 Continue proceedings to expedite the trials of detainees with all the

guarantees and to improve the living conditions of the prison population

(Spain);

90.88 Bring the juvenile criminal justice in line with international

standards (Chile);

90.89 Strengthen the necessary measures to fight impunity for the authors

of the events occurred in Bocas del Toro in 2010 (Argentina);

90.90 Adopt administrative, budgetary, legislative and awareness-raising

measures that ensure the right to birth registration of children of indigenous or

African origin and from rural areas (Mexico);

90.91 Adopt measures to guarantee birth registration of its citizens

(Romania);

90.92 Intensify its efforts to ensure birth registration for everyone,

especially children and adolescents in rural areas (Thailand);

90.93 Fully respect its international obligations regarding the freedoms of

assembly and association, in particular with regard to the activities of trade

unions, and ensure that its national legislation complies with these obligations

(Ireland);

90.94 Take steps to ensure that Law No. 14/2010 does not affect the rights

of assembly and demonstration enshrined in international instruments (Costa

Rica);

90.95 Take appropriate measures to abolish the illegal practice of making

women take pregnancy test to gain employment, as previously recommended

(Slovenia);

90.96 Strengthen the social policies aimed at integrating minorities into the

labour market (Angola);

90.97 Continue strengthening its policies and social programmes in order to

increase the standard of living of its people, in particular of the most excluded

groups (Bolivarian Republic of Venezuela);

90.98 Continue to implement sustainable policies to alleviate poverty and

increase employment opportunities (Singapore);

90.99 Continue the implementation of measures and strategies to directly,

temporarily and comprehensively alleviate the immediate needs of households

in extreme poverty (Cuba);

90.100 Give priority to measures that may guarantee access to safe drinking

water for all citizens (Uruguay);

90.101 Continue its efforts to increase access to health services and

strengthen the delivery of high-quality health care (Singapore);

90.102 Continue the efforts to promote the right to health, in particular by

giving priority to primary health care and by strengthening the attention paid

to mental health problems. Likewise, promote the right to health of persons

with disabilities and lesbian, gay, bisexual, transgender and intersex persons

(Colombia);

90.103 Extend education services to rural zones and guarantee access for all

persons to a quality education without distinction, including persons belonging

to indigenous and Afro-descendant communities, in order to reduce inequality

in the country (Honduras);

90.104 Take the necessary measures to ensure access to education for all, in

particular for populations in remote zones (Algeria);

90.105 Continue increasing inputs in education to effectively protect the

right to education for the people of Panama, including indigenous people

(China);

90.106 Continue promoting the right to education, in particular access to

education for boys and girls from Afro-Panamanian, indigenous, rural and

migrant communities (Colombia);

90.107 Consider incorporating human rights programmes in the

Panamanian system of education (Peru);

90.108 Continue taking all necessary measures to incorporate the rights of

disabled persons in all aspects of public policies, including by strengthening the

national secretariat for persons with disabilities to standardize protocols and

guidelines for the implementation of rehabilitation services at the national level

(Honduras);

90.109 Take appropriate measures to meet the needs of indigenous and rural

populations that still have clear difficulties to access to safe drinking water and

sanitation (Spain);

90.110 Continue to work to reduce the levels of poverty in indigenous

communities (Australia);

90.111 Take all measures to ensure that indigenous children can fully

exercise their rights and establish support programmes for migrant children

(Honduras).

91. The recommendations below did not enjoy the support of country Panama and

would thus be noted:

91.1 Continue working on the adoption of those international instruments

to which it is not State party, including the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Nicaragua);

91.2 Continue its efforts to ensure a comprehensive approach to migrant

workers’ rights by considering its accession to the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their

Families (Indonesia);

91.3 Consider ratifying or acceding to the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Peru);

91.4 Consider the ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Ecuador);

91.5 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Ghana);

91.6 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families and ILO Convention No.

169 (Guatemala);

91.7 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Honduras);

91.8 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Paraguay);

91.9 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families and ILO Convention No.

189 (Philippines);

91.10 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families and ILO Convention No.

169 (Sierra Leone);

91.11 Adopt a legislative framework for the protection of children, in

particular by raising the minimum age of marriage and the age of criminal

responsibility (France);

91.12 Implement a national policy on children’s rights including the

amendment of legislation on juvenile justice and immediately address the

reduction of preventive detention for persons under 18 and the harmonization

of the age of criminal liability in accordance with the Convention on the Rights

of the Child (Mexico);

91.13 Increase the minimum age of marriage and of criminal responsibility

in line with international standards (Italy);

91.14 Adopt legislation prohibiting all forms of discrimination, including on

the grounds of sexual orientation and gender identity, and abolish all provisions

of Executive Decree No. 204/1997 determining homosexuality as a serious

misconduct for members of the national police (Slovenia).

92. All conclusions and recommendations contained in the present report reflect

the position of the submitting States and the State under review. They should not be

construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Panama was headed by Mr. Luis Ernesto Carles, Minister of

Labour and Labour Market Development, and composed of the following members:

• Ms. María Luisa Navarro, Vice Minister of Multilateral Affairs and Cooperation,

Ministry of Foreign Affairs

• Ms. María Luisa Romero, Vice Minister of Government

• Mr. Giancarlo Soler Torrijos, Ambassador, Permanent Representative

• Mr. Alejandro Mendoza Gantes, Counsellor of the Permanent Mission

• Mr. Jorge Félix Corrales H., Political Counsellor of the Permanent Mission

• Ms. Gisela de León, Advisor to the Vice Minister of Government

• Mr. Alfredo Castillero, Advisor to the Minister of Public Safety

• Ms. Diana de Coronado, Director of Government Affairs, Ministry of the Presidency

• Ms. Carmen Visuetti, Attorney of the General Secretariat, the Attorney General’s

Office

• Mr. Portugal Falcón Moreno, Chief of the Department of Social Development,

General Directorate for International Organizations and Conferences, Ministry of

Foreign Affairs

• Mr. Cosme Moreno, Director of Legal Affairs, Ministry of Social Development

• Ms. Cristina Quiel Canto, Attorney of the Supreme Court

• Ms. Linda Diaz, Attorney of the Supreme Court

• Mr. Rorix Núñez Morales, Director of the Office of International Technical

Cooperation, Ministry of Labour and Labour Market Development

• Ms. Ana Arosemena Ramos, Attaché of the Permanent Mission