Panama
175.
The Committee considered the second
and third periodic reports of
Panama CEDAW/C/PAN/2-3) at its
392nd and 393rd meetings, on 30
June 1998 (see CEDAW/C/SR.392
and 393).
Introduction
by the State party
176.
In introducing the report, the
representative of Panama stated
that Panama had recently gone
to great efforts to advance the
status of women. Those efforts
had included the establishment
of institutional mechanisms, the
formulation of national action
plans and programmes for the advancement
of women and measures to promote
the political participation of
women and to combat violence against
women.
177.
The representative noted that,
in 1995, the Government of Panama
had established the National Women's
Council and the National Women's
Office, both of which were attached
to the Ministry of Labour and
Social Welfare. She indicated
that the Ministry of Youth, Women,
Children and the Family had been
created in 1997 and that one of
its main functions was the promotion
of gender equality. The Ministry
of Youth, Women and Children would
shortly submit a draft law on
equality for the consideration
of Parliament. In addition, most
Government institutions had established
special offices and programmes
for the advancement of women.
178.
The representative indicated that
Panama had introduced various
plans and programmes to raise
the status of women. Non-governmental
organizations had also been active
and had formulated the Women and
Development Action Plan. During
1993, all presidential candidates
had committed themselves to implement
the Plan. In 1997, a series of
projects had also been launched
under the Equal Opportunities
Programme, a five-year programme
supported by the European Union
that seeks to mainstream gender
in all public policies and programmes.
179.
The representative informed the
Committee of measures to increase
the participation of women in
political decision-making, including
the Electoral Code, which now
provided that at least 30 per
cent of candidates in public elections
should be women.
180.
The representative indicated that
the Government of Panama had prioritized
the issue of violence against
women and that the submission
of a report to the Special Rapporteur
on violence against women, its
causes and consequences had initiated
the formulation of a national
policy to address the underlying
causes of violence against women.
181.
The representative emphasized
that, although much had been achieved,
women in Panama still faced gender
discrimination and negative cultural
attitudes continued to reinforce
the subordination of women. Women
in Panama earned less than men
and were not equally represented
in positions of decision-making,
while institutional mechanisms
for gender equality lacked financial
resources. She concluded by stressing
the importance of sustained dialogue
between the Government and civil
society.
Concluding
comments of the Committee
Introduction
182.
The Committee welcomes the presence
of the Minister of Youth, Women,
Children and the Family and the
fact that the delegation was at
such a high level; it also thanks
the Republic of Panama for submitting
its combined second and third
reports, noting that the report
follows the Committee's guidelines
and a format, which offered a
better overview of the general
situation of women and the implementation
of the Convention than the previous
report submitted to the Committee.
183.
The Committee appreciates the
Minister's efforts to reply to
questions in her oral report,
but notes that it would have been
more useful to the experts if
the questions asked by the group
prior to the session had been
answered in writing, thereby providing
a reference tool for dialogue
with the representative of the
Republic of Panama.
Positive
aspects
184.
The Committee commends the establishment
of the Ministry of Youth, Women,
Children and the Family as the
government body in charge of implementing
the Convention at the national
level.
185.
The Committee commends the Government
for its support for non-governmental
organizations.
186.
The Committee commends the promulgation
of Act No. 22 of 14 July 1997,
which reforms the Electoral Code
and provides that at least 30
per cent of the candidates for
public election must be women.
187.
The Committee also commends the
promulgation of Act No. 27 of
16 June 1995, which qualified
domestic violence and child abuse
as crimes, thereby linking them
with the institutional system
established to deal with such
violence. It also welcomes the
establishment of family courts
following the adoption of the
Family Code.
188.
The Committee also welcomes the
Government's efforts to make the
mass media more aware of, and
to eliminate, sexism and the projection
of women as sex objects in the
media.
Factors
hindering and blocking the implementation
of the Convention
189.
The Committee considers that one
factor hindering the implementation
of the Convention has been the
difficult and special political,
economic, social and legal situation
in Panama.
190.
The unequal distribution of wealth,
which has kept 45 per cent of
the population below the poverty
level, as well as the institution
of coercive measures and structural
adjustment programmes also hinder
the implementation of the Convention.
191.
The high rate of unemployment
in the metropolitan and in the
rural areas is also an inhibiting
factor.
Areas
of concern and recommendations
of the Committee
192.
The Committee is concerned that
neither the constitution of the
Republic of Panama nor any other
legislative provision made clear
or specific reference to the elimination
of discrimination against women.
193.
The Committee recommends that
all legislation be revised to
provide expressly for the elimination
of discrimination against women.
194.
The Committee notes with concern
the failure to disseminate and
publicize the Convention at various
levels of Panamanian society.
195.
The Committee recommends that
a major campaign should be mounted
to disseminate the principles
of the Convention and provide
education and training in them,
especially among judges, lawyers,
journalists, teachers and Panamanian
women.
196.
The Committee requests that the
next report should contain gender-specific
statistics so as to shed light
on the results of the various
programmes proposed and awaiting
realization.
197.
The Committee expresses deep concern
at the general situation of working
women in Panama. Despite the legal
provisions guaranteeing equal
pay for equal work, the reality
was different. Women continue
to be discriminated against in
the workplace. In addition, women
have no effective protection with
respect to maternity leave and
breastfeeding breaks. Further,
although often better educated
than men, women accounted for
only 28 per cent of the economically
active population.
198.
The Committee recommends the initiation
of a campaign by the national
machinery to guarantee equality
of treatment in the workplace.
It further recommends that legislation
on the right to maternity leave
and breastfeeding breaks be implemented
vigorously to ensure adequate
protection for women.
199.
The Committee is concerned that
53 per cent of the female population
is illiterate, the majority of
these being indigenous women.
It also expresses concern at the
persistence of gender stereotypes,
which results in a large number
of adolescent girls terminating
their education at an early age
to marry or to undertake domestic
work.
200.
The Committee recommends that,
as a matter of urgency, the Government
of Panama should mount an aggressive
educational campaign designed
to ensure that all Panamanian
girls and women have a full education
and to reduce sharply the number
of adolescent girls leaving school
early to work in unskilled employment
or to marry.
201.
The Committee expresses deep concern
in connection with the reproductive
health of Panamanian women and
an apparent setback in the treatment
of the right to abortion in cases
where the pregnancy is the result
of rape. The Committee recommends
that multidisciplinary measures
should be taken to provide special
care to the victims of sexual
violence which should include
legal and psychological assistance
for the victim. It also recommends
that Panamanian women who are
pregnant as a result of rape should
be granted the opportunity to
seek termination of such pregnancies.
202.
The Committee recommends training
programmes for women political
leaders and encourages the large-scale
participation of women in democratic
activities and decision-making.
203.
The Committee expresses concern
at the discriminatory treatment
received by women engaged in prostitution
in Panama, especially the statement
that a prostitute would find it
difficult to seek legal redress
in the case of rape since the
Code still requires the victim
in that situation to be chaste
and virtuous in order to be able
to institute legal proceedings.
204.
The Committee recommends that
a serious effort be made to eliminate
entrenched stereotypes.
205.
The Committee requests the wide
dissemination in Panama of the
present concluding comments in
order to make the people of Panama,
and particularly Government administrators
and politicians aware of the steps
that have been taken to ensure
de facto equality for women and
the further steps that are required
in that regard. It also requests
that the Government continue to
disseminate widely, and in particular
to women's and human rights organizations,
the Committee's general recommendations
and the Beijing Declaration and
the Platform for Action.