Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/panama.txu

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TITLE:  PANAMA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995



Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution prohibits discrimination on the basis of race,
illegitimacy, social class, sex, religion, or political views.

     Women

Women generally do not enjoy the same economic opportunities as
men.  The law does not recognize property in common, and
divorced or deserted women are often left destitute.  However,
the Legislative Assembly approved a new Family Code in April
which will recognize joint or common property in marriages.
The new Code will take effect in early 1995 after the executive
branch identifies the financial resources necessary to fund
additional tribunals and related activities.

Although the Constitution mandates equal pay for equal work,
wages paid to women are often lower than those for equivalent
work performed by men and increase at a slower rate.  A United
Nations report published in August noted that women occupy only
4 percent of the managerial positions in Panama.  Although
statistics are lacking, there are credible reports of sexual
harassment, firings for pregnancy, and hiring practices based
on age and "attractiveness."

Domestic violence against women continued to be a serious
problem.  A late-1993 report by the reputable Center for the
Development of the Woman estimated that victims report as few
as 20 percent of the sexual assaults committed against women in
San Miguelito and Panama City--two of the most densely
populated areas in the country--to law enforcement
authorities.  The Foundation for the Promotion of the Woman
released an informal study that stated that the emergency room
of the largest public hospital in Panama City treated 1,222
domestic violence victims during 1993.  As of September, that
foundation itself assisted almost 400 victims of domestic
violence or abuse.  Other private groups and government
agencies also operated programs to assist victims of such
abuse.  The Government acknowledged the seriousness of violence
directed against women by signing the Inter-American Convention
on the Prevention, Punishment, and Eradication of Violence
against Women.

A number of private women's rights groups, including groups for
indigenous women, concentrate on disseminating information
about women's rights, countering domestic abuse, enhancing
employment and other skills, and pressing for legal reforms.
Indigenous women vocally criticized male government
administrators and politicians for overlooking indigenous
women's rights.  In response to pressure by women's
organizations, the Government created a Women's Department at
the Ministry of Labor in July 1993 to report on abuses in the
workplace as well as larger social issues.  The office,
however, was given little funding and has been relatively
ineffective.

     Children

The Tutelar de Menores, a quasi-judicial authority with
additional administrative roles, plays a role in the protection
and care of minors, but the Government has no specific office
charged with protecting children's rights.  A women's advocacy
group reported that 72 percent of children are born from
nonstable, short-term relationships.  Many children suffer from
malnutrition, neglect, and inadequate medical care.  Juvenile
courts report a high incidence of juvenile delinquency in major
urban areas.  The new Family Code calls for restructuring the
underfunded and overtasked juvenile court authority that
includes a rehabilitation program, an orphan care authority,
and a juvenile detention authority.  It also clarifies
reporting authority and strengthens preventive protection
powers in suspected juvenile abuse cases.  It would also create
a mechanism to record and report suspected domestic violence
cases involving minors.

     Indigenous People

Panama's indigenous population of approximately 194,000 (8
percent of the population) theoretically has all the same
political rights as other citizens.  The Constitution protects
the ethnic identity and native languages of indigenous people,
requiring the Government to provide bilingual literacy programs
in indigenous communities.  The Ministry of Government and
Justice maintains a Directorate of Indigenous Policy.  The
Legislative Assembly in November created an indigenous affairs
commission to address charges that the central Government has
neglected indigenous needs.  Despite legal protection and
formal equality, indigenous people generally endured relatively
higher levels of poverty, disease, malnutrition, and illiteracy
than the rest of the population.  In practice, language
problems also weaken the formal protections offered by the
law.  Since indigenous populations infrequently master Spanish
well enough to use appropriate legal terminology, they often
have difficulty in understanding their rights under the Legal
Code.  This language barrier also hamstrings efforts by
indigenous people to defend themselves in court.

Panama's indigenous population, particularly the Embera, Choco,
and Ngobe-Bugle, has grown increasingly vocal in requesting the
Government to create more indigenous reserves.  Indigenous
people began to organize themselves but, despite a November
1993 convention for national coordination of indigenous
peoples, met only limited success in lobbying the Government to
protect their rights.  The Government did grant the Embera
tribes in Darien semiautonomous reserve status.  The President
appoints a governor who administers two nearby administrative
areas in conjunction with tribal advisory councils.  Medical
care and potable water supplies on the reserves remain
inadequate.  Ngobe-Bugle groups complained that private
landholders restricted access to tribal lands.  The Government
supported the landholders' claims that legal leases were still
in effect.

Indigenous people have legal rights and take part in decisions
affecting their lands, cultures, traditions, and the allocation
of natural resources.  During the 1994 presidential elections,
the Coordinator for Indigenous Peoples--an umbrella
organization promoting indigenous rights--called upon
indigenous peoples not to vote for any presidential candidates
until the Government met demands for a Ngobe-Bugle reserve and
development funds for indigenous organizations.  Ultimately,
however, few refrained from voting.  The new Family Code
recognizes traditional indigenous cultural marriage rites as
the equivalent of a civil ceremony.

     National/Racial/Ethnic Minorities

The law does not discriminate against any social, religious, or
cultural group; however, naturalized citizens may not hold
certain categories of elective office.  While anecdotal
evidence indicates that a constitutional provision reserving
retail trade to Panamanian citizens originally was directed at
Chinese immigrants, government officials have stated that it
serves as a barrier to keep foreign retail chains from
operating in Panama.  The measure is not enforced in practice,
however.  Chinese and Indian residents of Panama, as well as
Panamanians of Chinese and Indian descent, operate much of the
retail trade, particularly in urban areas.

Leaders of the over 100,000-member East Asian and South Asian
communities credibly claimed that Panamanian society at large
treats Panamanian-resident Chinese and Indians as well as
Panamanian citizens of Asian origin as second-class citizens.

     People with Disabilities

Government policy and support for citizens with disabilities is
the responsibility of the Workers with Disabilities Office of
the Department of Labor and Social Welfare.  Created in 1980,
it is responsible for placing qualified disabled workers with
employers.  The office was in charge of implementing a June
1993 executive order which provided employers with tax
incentives for hiring people with disabilities.  As of
September, 89 employers had hired a total of only 166 disabled
employees under this program.  Although some public buildings
and retail stores have access ramps for disabled people, no law
or regulation compels the use of ramps or other easy-access
features in public or private buildings.

Section 6  Worker Rights

     a.  The Right of Association

Private sector workers have the right to form and join unions
of their choice, subject to registration by the Government.
However, unions have criticized government requirements for
registration, including the minimum number of workers necessary
for union formation (currently 51).  With a large percentage of
small shops and businesses having fewer than the required
number of employees to meet registration requirements, many in
the work force cannot organize.  In addition, organized labor
has complained that the Government has rejected efforts over
the past 20 years to organize in several "strategic sectors"
such as banking and the Colon Free Zone.

According to Ministry of Labor statistics, approximately 10
percent of the total employed labor force is organized.  There
are 256 active unions, grouped under 6 confederations and 48
federations representing approximately 79,000 members in the
private sector.  Although the new Perez Balladares Government
has closer ties with organized labor than did the Endara
administration, neither the Government nor the political
parties control or financially support any unions.  Union
organizations at every level may and do affiliate with
international bodies.

The new Civil Service Law of June 20 permits most government
workers to form public employee associations and federations
and established their right to represent members in collective
bargaining with their respective agencies.  It also provides
most workers the right to strike, except for certain government
workers in areas vital to public welfare and security, such as
the police and health workers and those employed by the U.S.
military forces and the Panama Canal Commission.  It is too
early to determine if the new Civil Service Law will meet, in
practice, internationally recognized labor standards.
Unionized employees of formerly private and telephone companies
retain their original right to strike when certain reasonable
criteria are met.

The International Labor Organization (ILO) Committee on Freedom
of Association (CFA) reiterated in November 1993 its conclusion
that the large-scale dismissal of trade union leaders and
workers in the public sector under Law 25 of 1990 was a serious
violation of the right to organize.  Even though the Panamanian
Supreme Court ruled that the dismissal of 120 of the 145
affected workers was legal (the other 25 were reinstated), the
CFA again requested the Government to reinstate the greatest
possible number of dismissed workers and union leaders.  The
new Perez Balladares Government began reinstating the workers,
roughly half of whom have reportedly returned to work.

There were a number of private sector strikes in 1994 and,
despite the prohibition on striking by public sector employees,
several public sector strikes.

     b.  The Right to Organize and Bargain Collectively

The law affords most workers the right to organize and bargain
collectively, and unions widely exercised it--104 collective
bargaining agreements were concluded in 1993.  The law protects
union workers from antiunion discrimination and requires
employers to reinstate workers fired for union activities.  The
Ministry of Labor has mechanisms to resolve complaints against
antiunion employers.  The new Civil Service Law allows most
public employees to organize and bargain collectively and
grants them a limited right to strike.  The Labor Code
establishes a conciliation board in the Ministry of Labor to
resolve labor complaints and provides a mechanism for
arbitration once conciliation procedures have been terminated.

There is an increasingly common practice of employing temporary
workers in order to circumvent what are perceived by employers
as onerous Labor Code requirements for permanent workers.  One
owner of a construction firm has noted that up to 35 percent of
workers on some of his projects are employed on temporary
contracts.  These workers were discharged just short of the
time necessary for them to be granted permanent status and then
rehired in other job categories, thereby circumventing the
Labor Code.  None of these temporary workers received pension
or other benefits.  The practice of blank contracts is,
according to union sources, becoming more widespread.

Labor law is equally applicable to export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Labor Code prohibits forced or compulsory labor, and
neither practice was reported.

     d.  Minimum Age for Employment of Children

The Labor Code prohibits the employment of children under 14
years of age as well as those under 15 if the child has not
completed primary school; children under 16 cannot work
overtime; those under 18 cannot perform night work.  Children
between the ages of 12 and 15 may perform farm or domestic
labor as long as the work is light and does not interfere with
the child's schooling.  The Ministry of Labor enforces these
provisions in response to complaints and may order the
termination of unauthorized employment.  The Government has not
enforced child labor provisions adequately in the rural
interior of the country, claiming insufficient staff to monitor
abuses.  Accord to a recent ILO report, 11,600 children between
the ages of 10 and 14 are in the labor force--primarily in farm
or domestic labor.

     e.  Acceptable Conditions of Work

The Labor Code establishes a standard workweek of 48 hours and
provides for at least one 24-hour rest period.  It also
establishes minimum wage rates for specific regions and for
most categories of labor.  The minimum wage, last increased in
January 1993, is $0.94 per hour in the districts of Panama,
Colon, and San Miguelito, and for workers in financial
services.  It is not enough to support a family above the
poverty level in Panama's relatively high-cost economy.  Most
Panamanian workers employed in urban areas earn the minimum
wage or above, but most workers in the large informal sector
earn below the minimum wage.  Unions have repeatedly alleged
that contractors operating in the Canal area pay less than the
required minimum wage.  The Ministry of Labor does not always
enforce the minimum wage, due to insufficient human and
financial resources.

The Government sets and enforces occupational health and safety
standards.  An occupational health section in the Social
Security System is responsible for conducting periodic
inspections of especially hazardous employment sites, such as
those in the construction industry, as well as inspecting
health and safety standards in response to union or worker
requests.  The law protects workers who file requests for
health and safety inspections from dismissal.  They also have
the right to remove themselves from situations that present an
immediate health or safety hazard without jeopardizing their
employment.  They are generally not allowed to do so if the
threat is not immediate but may request a health and safety
inspection to determine the extent and nature of the hazard.
The Ministry of Labor is responsible for enforcing health and
safety violations and generally does so.  The standards are
fairly encompassing and generally emphasize safety over
long-term health hazards, according to organized labor
sources.  Health issues, however, continue in the banana sector
as well as the cement and milling industries.