WOMEN'S ANTI-DISCRIMINATION COMMITTEE TAKES UP PANAMA'S REPORT
Press Release
WOM/1061
WOMEN'S ANTI-DISCRIMINATION COMMITTEE TAKES UP PANAMA'S REPORT
19980630 The status of women in Panama was one of inequality, but a programme to advance the equality of women was not just a matter of scattered efforts, Panama's Minster of Youth, Women and Family, Leonor Calderon, told the Committee on the Elimination of Discrimination against Women this morning.She was introducing her country's combined second and third reports to the 23-expert body which monitors States parties' compliance with the Convention on the Elimination of All Forms of Discrimination against Women.
Women in Panama were becoming more involved in society, she said. They still did not earn equal pay and did not occupy prominent political positions, but there were advances on the legal front. The electoral code was being reformed and a 30 per cent quota for women candidates seeking election had been set.
Describing other aspects of the situation of women in Panama, the Minister said that maternal mortality had increased in indigenous areas. The Ministry of Health was trying to increase provision of prenatal care and training in indigenous areas, through measures which included the establishment of centres in rural areas. However, rural women were scattered, which made it difficult to facilitate access.
The problems of rural women had been analysed, their needs diagnosed and work on a national plan of action had begun, she continued. These plans were connected to larger national goals. For example, Panama's national plan for rural women involved indigenous communities, and was related to the broader programme of allocating greater territorial rights to indigenous people, who accounted for 6 per cent of the population.
The Committee will meet again at 3 p.m. today to continue its consideration of Panama's combined second and third reports.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to consider Panama's implementation of the Convention on the Elimination of All Forms of Discrimination against Women. It had before it that country's second and third periodic reports of 11 February 1997 (document CEDAW/C/PAN/2-3), which covers the period from 1986 to 1996.
The reports provide a demographic and economic backdrop for the implementation of the Convention, followed by a discussion of compliance with that treaty by article. From 1990 to 1993, the Panamanian economy experienced a significant recovery, the report states. Gross domestic product (GDP) increased cumulatively by 26 per cent, representing an annual average growth rate of 8 per cent. Growth was mainly concentrated in the service sector, whose share of GDP progressively increased.
However, unequal distribution of wealth is one of the structural problems that, historically, have affected the Panamanian economy the most, according to the report. In 45 per cent of the country's districts, the level of satisfaction of basic needs was defined as "very low, low or below average". Those districts are predominantly rural and have a large proportion of indigenous people and a highly dispersed population.
Panama's economy was affected by the critical situation experienced by the country in the 1980s: coercive economic measures, a fall in growth rates, a reduction in the investment ratio and ensuing socio-political problems, the report states. That situation caused an unprecedented increase in the unemployment rate, which, in 1989, reached 20.4 per cent in the metropolitan region and 10.7 per cent in the rest of the country.
To help combat general discrimination against women, Panama developed the Women and Development Action Plan 1994-2000, the report states. On the basis of that document, a series of meetings and events were held with a view to determining priorities, analysing future opportunities and obstacles, and committing the forces of the nation to the implementation of the Plan. Among action taken under the Development Plan was the establishment of a National Women's Council, which draws its membership equally from civil society and the Government. The Council's functions include: the formulation of public policies; coordination of activities with various national and international bodies promoting women; and implementation of the Convention.
On legislative and regulatory measures, the report states that Panama has made a great effort to incorporate in its legal system the principle of non-discrimination on grounds of sex, as was stipulated in the Constitution. It has also adopted legislation to combat violence and promote equality in marriage and family relations. However, problems still persisted in the form
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of barriers, prejudices and socio-cultural attitudes which are delaying the advancement and empowerment of women.
Because so little publicity is given to laws and regulations for the advancement of women, few Panamanian women are aware of them, the report states. There are still legal gaps which perpetuate discrimination against women in their role as housewives and against rural and indigenous women. However, it was noted that recent years have seen some amendments to laws that discriminate against women.
The recently adopted Family Code, which entered into force on 3 January 1995, recognizes equality in family relations and provides for the protection of minors, according to the report. The Code establishes norms regulating relations between men and women on an equal footing in health, education, employment, and it revokes provisions of the 1917 Code, which perpetrated serious discrimination against women. Problems are being encountered, however, in applying the new legislation. There are still conservative sectors of the population who do not accept the changes in the Code and are obstructing its genuine application.
To help alleviate those problems, the National Council on the Family and Minors was established to consult on matters relating to child and family policies. In 1995, Panama also passed a law that characterized domestic violence and child abuse as crimes. It also ordered the establishment of specialized units to deal with the victims of those crimes. However, there are as yet no figures on reported cases of domestic violence or child abuse handled by the court system. It is hoped that those statistics would become available as a result of research into the issue.
To modify socio-cultural patterns of conduct, the report states that Panama carried out an analysis of sex roles and stereotypes in school textbooks. In November 1990, a manual of recommendations for the elimination of stereotypes in school textbooks was published. Those publications, however, have not been properly disseminated, and their recommendations have not been put into effect. Other steps to affect cultural patterns include the establishment of an Office of Women's Affairs in the Ministry of Education; the holding of workshops and classes on gender issues at the University of Panama; and attempts to make the media more sensitive and responsible on gender messages.
On the issue of prostitution, the report states that a prostitute that has been attacked has few possibilities of obtaining legal protection in Panama. The law upholds the concepts of honour, virginity, good reputation and public morality, and discriminates on that basis. That automatically means that the culprit is not sentenced. Since the characterization of rape as a sexual offence presupposes the chastity and virtue of the victim, a prostitute's complaint of rape would automatically fail. While prostitutes
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are almost always arrested, their clients are not. Prostitution is not classified as a crime, but it is regulated.
On participation of women in political and public life, the report states that, over the past decade, women's participation in the legislative branch had risen from 5.9 per cent in 1984 to 7.46 per cent in the 1989 elections, and 8.3 per cent in the 1994 elections (six women to 66 men). Their participation in the executive branch was also extremely limited between 1980 and 1995. The proportion of women ministers and deputy ministers had actually dropped from 16.6 per cent in 1980 to 8.3 per cent currently. The National Forum of Women in Political Parties was established in 1993-1994. Made up of women holding political office, the group works to give women a bigger share of political power.
While there is extensive participation by women at the grass-roots level of political parties, women's access to positions of power seems to have reached a glass ceiling that has not been breached, according to the report. The problem lies not in legal or formal constraints, but in cultural attitudes. To help remedy that situation, the Department of Local Government has held a number of seminars and training courses for municipal leaders of both sexes.
On the situation of women in education, the report states that in 1990 94 per cent of girls between the ages of six and nine were attending the basic education classes; 79 per cent of girls between the ages of 10 and 14 attended school; and 37 per cent of girls between 15 and 19 were in secondary education. However, further data showed that the education situation of adolescent girls from rural areas was critical, with barely 8.6 per cent in school. In many provinces, most of the illiterate population are women and the gender gap is sometimes very large. The provinces with the highest illiteracy rates are those with the largest percentage of indigenous people. It is calculated that some 45 per cent of the indigenous population are illiterate.
The report adds that women account for a larger part of enrolment and graduation figures in Panama universities. In 1995, women accounted for 67 per cent of enrolments. On the education of refugees, a number of programmes and seminars had been held to educate them, and training scholarships are awarded to refugees to provide them with equal access to educational programmes.
In comparison with women in other Latin American countries, Panamanian women's level of economic participation is high, the report states. Nevertheless, there are fewer economically active women than men. The share of women in Panama's economically active population had increased very little in the past 30 years. In 1990, women accounted for only 28 per cent of the economically active population. For economic, social and cultural reasons, women's participation rate was much higher in urban areas. Many rural women, who tend to be poorly educated, emigrate to urban areas and join the workforce as domestic workers. Women had access to job training through the National
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Vocational Training Institute. In 1995, 4,584 women graduated from vocational training programmes nationwide, representing 38.9 per cent of all graduates.
Panama's Constitution establishes the right to work and the right to equal pay for equal work, without distinction as to sex, the report states. It also affirms the principle of protection for working women, for whom the work day was set at a maximum of eight hours and the work week at 48 hours. Women were barred from working in unhealthy occupations. The Constitution also states that a woman may not be dismissed from a job on grounds of pregnancy. Women are awarded mandatory paid leave of at least six weeks prior to the birth, and eight weeks following the birth. A woman could not be dismissed for a period of one year after the birth without a court order.
In order to promote the overall health of women, the Ministry of Health established a Women, Health and Development Technical Secretariat, the report states. Its goal is the all-round health of the family, to be achieved by promoting and assessing the contribution of the various health-care services. Panama's reproductive health policy was formalized in 1985. Its actions included: guidance for couples to help them plan the number of children they want; promotion of birth spacing to improve the situation of children; and support for infertile couples to help them have children.
The report adds that, according to a 1984 survey, 32 per cent of women who were of childbearing age have been sterilized. When sterilization is included, contraceptive use may be estimated at 45 per cent. For the period 1984-1994, 107 AIDS cases in women were reported, representing 15.6 per cent of all cases. A national programme has been established to prevent and control HIV/AIDS. On the issue of abortion, Panamanian law authorizes the practice only when justified by serious health risks that endanger the life of the mother. Requests for abortion of pregnancies resulting from rape or incest had been rejected.
Panama has instituted a number of assistance programmes for rural women, the report states. The main rural women's projects implemented with small- scale loans have included mechanized rice planting, fish farming and the planting of 1,243 acres of vegetables. A total of 110 loans, amounting to $43,764 were granted to rural women's organizations from 1994 to 1996. Those loans, coordinated by the Ministry of Agricultural Development, were aimed at launching a sustainable development process in rural areas. A separate rural women's programme in the Ministry helps to promote women's organizations and train rural populations. The programme currently serves 170 grass-roots organizations, with a total of 2,251 members in eight regions.
Introduction of Report
LEONOR CALDERON, Panama's Minister of Youth, Women, Children and Family, introduced her country's combined second and third periodic reports on
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implementation of the Convention on the Elimination of All Forms of Discrimination against Women. She said that for Panama, the 1990s had begun with a trauma that affected social life. Women were operating by a new approach, the experience of involvement.
In 1992, she said, the Woman's Forum was established, which brought all working women together in a vision of women's standing in the country. The Forum developed into a number of programmes two years later, such as the Forum for Women in Political Parties, in which women from varied walks of life came together with a common goal to advance women in politics. Support from the European Union made several programmes operational at the national level. These led to a women and development plan, and in 1995, to the establishment of a National Council of and National Office for Women.
Of 13 current governmental mechanisms in the country, six are for women; they include areas such as education and sports. In 1996, a plan for promotion of equal opportunities in Panama was set up with the aim of introducing a gender perspective into all government policies. A five-year programme went into effect in 1997. It was supported by a $30 million investment from the European Union and a local input of $7 million.
A number of projects derived from that plan, she said. They included activities on such themes as: the gender issue in politics; non-sexist education; a gender methodology; empowerment and citizen participation; and action against violence. Also, the work of non-governmental organizations (NGOs) was supported. A new project for greater sensitivity in social communication, introducing a gender aspect to communication, is under way.
Many institutions had been restructured since national programmes for women were introduced. The Ministry for Youth, Women, Children and Family was intended to facilitate participation by women citizens. International instruments on women were also being implemented as, for example, the Convention, the regional Programme of Action for Women of Latin America and the Caribbean, and the Platform of Action adopted by the Fourth World Conference of Women in Beijing, in 1995.
Panama as a whole was trying to bring about favourable conditions for the advancement of women, she continued. Political will existed now, and economic and technical resources were available. There was an atmosphere among those who formed public opinion to improve the situation of women. Obstacles still remained in concepts of the world and traditions that recognized differences between the sexes as natural. Some wanted to strengthen women's second-class position and some felt there were not enough resources to give equality to women. But with the Ministry, things were moving forward. A bill on equal opportunity was being introduced; it would develop the framework for a national programme along the lines of the Beijing Platform.
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An overview of the status of women in Panama was one of inequality, she said. Women in Panama were more educated and more socially involved than formerly, but they did not have equal pay and did not occupy political positions. However, there were advances on the legal front. For example, the electoral code was being reformed and a 30 per cent quota for women candidates seeking election had been set. That was a positive measure to promote women at political levels, to make the position of women more visible and thereby strengthen democracy. Respect for the right of women to be nominated as candidates in their parties was also being promoted.
Also, a first national report on violence against women was being submitted to the Commission on Human Rights as a follow-up to the Beijing Platform of Action, she went on to say. The report documented violence against women in the country. It provided an overall view of what was being done about that violence, including disseminating information about it. It was trying to step up the national effort by formulating a national policy on the social ills that generated violence against women.
The report was based on information from workshops, civil organizations, women's organizations, police and administrative staff, she said. It demonstrated that many elements of the State were working together, and that the fight against violence to women was not just a matter of scattered efforts. There was ongoing dialogue and discussion between women, which was the very pillar that would lead to gender equality.
Similarly, forums for rural women had been held, she said. Their problems had been analysed, their needs diagnosed, and work on a national plan of action had begun. Those plans fit into larger national goals. For example, the national plan for rural women involved indigenous communities, which was a first step towards organized work with indigenous women. In turn, that led to a broader national programme to allocate greater territorial rights to indigenous people, who accounted for 6 per cent of the population.
Panama's Response to Committee Questions
She then turned to specific questions which had previously been posed by the Committee, first covering topics related to legislature and policy. There were no laws defining discrimination against women other than article 19 of the Constitution, which stated that there shall be no privileges or discrimination for reasons of sex, class or race. However, cultural factors sometimes prevented women from enjoying the benefits promulgated in the Constitutions. Many studies and analyses had been undertaken on the discriminatory implications of laws -- both by women's organization and State bodies -- drawing attention to women's limited access to property, land and credit. An advisory committee on violence in the family was composed of governmental and NGOs.
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The National Office of Women and the National Council of Women had taken steps to disseminate the Convention, she said. They had held training sessions, and distributed the document through pamphlets and booklets. The National Office of Women, through its department of human rights, was preparing a pamphlet on national and international organizations on human rights.
On questions to do with obstacles to establishing equal opportunities for women and eradicating sexual harassment in the workplace, she said Panama had faced serious obstacles in its effort to improve sexual harassment laws. A proposed law prohibiting sexual harassment had been rejected in the National Assembly. For many people, the question of sexual harassment was not perceived as something that could be legislated. In the national directorate for women, the bill was being revised.
Panama did not discriminate in its refugee policy, she said. Panama viewed refugees as all persons seeking asylum due to fear of persecution for reasons of race, gender, religion, opinion or nationality. Spouses could apply for asylum separately.
She then cited illustrations of Panama's efforts to adopt laws relevant to women, in particular since 1990. A woman could choose whether or not to take her husband's name, through Law 22 (1990). Law 3 (1994) approved the family code and recognized equal rights in family relations. Law 9 (1994) banned sexual harassment by public officials. Law 27 (1995) brought violence within the family into the penal code. Law 22 (1997) introduced a 30 per cent quota for women's posts in popular elections.
Turning then to a request for details on implementing the Women and Development Action Plan, she said, through the Women Health and Development Department of the Ministry of Health, more attention had been focused on domestic violence. Training and sensitivity raising were being undertaken, in education and in the health-care sector. With input from other agencies, including the Pan American Health Organization, training was being provided for professionals who dealt with domestic violence.
Regarding small-scale funding projects, she said the project "women and small business" benefited 35 women every year. Other projects targetted rural women for credit and advice in small business. Asked what national mechanism was responsible for the advancement of women, she said the Ministry of Youth, Women and the Family was legally responsible. There was need for strengthening recently established national and sectoral mechanisms, which still lacked human and financial resources.
On policies to accelerate de facto equality with men, she said that there were coordinating bodies in public institutions, and drew attention to the project "Promotion of Equal Opportunities for Women", signed in 1996 with the European Union, which sought to promote women's participation, enhance their
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leadership capabilities, and promote respect from men. Women were being encouraged to stand for election, with a 30 per cent quota. Also, there was an important publicity aspect to the programme, to encourage more action by women in public affairs. A strategic alliance existed between the Government and civil society for advancing women, she stressed.
To the Committee's inquiry on how maternity laws in the workplace were violated, she said that an employee could not be fired because she was pregnant, and would enjoy mandatory leave before and after pregnancy. Maternity laws protected workers employed on a permanent basis, but did not extend the same protection to those hired for specific time periods.
In response to a question on efforts by the country to involve the courts in countering domestic violence, she said the Government had concentrated on making the problem more visible as a way of counteracting it. Progress in protecting minors included new legislation that strengthened the ability to prosecute even those suspected of abusing children. Through a family law, domestic violence was denounced, but out of more than 1,000 cases of domestic violence last year, only 28 were sanctioned by the courts.
Measures had been introduced by the Government and by civil groups to promote women's equality, she said. For example, the journalists' trade union in Panama was introducing a gender perspective into journalism. Negotiations were ongoing with the media asking them to become self-regulating with regard to violence against women as presented on television.
Addressing other questions, she said there had been contact with social groups in Panama, including the Catholic Church, and there was no problem with gaining approval for any of the measures in the programme to implement equality for women. The selling of sexual services by a third party was illegal, and a person who made money from prostitution received a sentence of three to five years. With regard to traffic in women, the laws had been more vigilantly enforced during the last three to five years than previously.
In answer to a question on a decline in the number of women ministers in the Government, she said that statistic was part of the unequal and contradictory standing of women. They were well educated, but they had little political presence. There was a commitment to increase the number of women in political office and in decision-making jobs. In 1999, the goal was to have 30 per cent of political candidates be women. At present, both political parties were headed by women. While there were no numbers on how many women were in the foreign service, all women involved in it were professionals and many were alternate ambassadors. It was also known that their numbers had increased.
The low rate of school attendance for girls between 15 and 19 in rural areas was due to family customs, she said. Early marriages, domestic farm
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work and early pregnancies were other causes that kept girls at such ages from school. Collective scholarships for indigenous women were among the remedies planned. Overall, the high rate of illiteracy among girls was being countered by a national literacy programme, established by the Ministry of Education. It placed priority on bilingual literacy for indigenous girls and it contained a component for setting up training programmes for literacy teachers. There was also a plan of action for human development for youth and children to the year 2000, which dealt generally with all disadvantaged children's problems.
Textbooks were revised annually and sexist language was being changed so students could acquire updated information and develop positive attitudes on gender, she said. Regarding career counselling, a women's institute for training had recently been created to provide vocational training, with emphasis on technological fields. Also, the National Institute for Science and Technology had created a programme to guide women to such careers.
She then turned to inequality in pay rates for men and women. Women earned 80 per cent of men's wages. In addition to action by the National Women's Office and the involvement of trade unions, Panama's efforts were largely focused on raising awareness, so that people would demand their constitutional rights regarding pay.
There were still shortcomings in the social security system, particularly regarding protections for pregnant teenagers, she said. For the elderly, the main obstacle was low coverage; only 51 per cent of the elderly received pensions. However, medical coverage was still provided under the public health-care system for both those groups. Large numbers of rural families were not covered by social security, she noted.
She then spoke of policies to prohibit sexual harassment in the workplace and educational institutions. Currently, a bill was being revised by the National Women's Office. The bill discussed effective measures to prohibit and punish such sexual harassment, and sought to eliminate existing anomalies on sexual harassment policies.
Addressing women's rights in the labour market, she said that Panama had ratified the International Labour Organization (ILO) Conventions. The National Women's Office was developing a mechanism for quantitative and qualitative evaluation of women in the workplace. In addition, it was training women, as well as government and non-government personnel, about equal opportunity.
Turning to the issue of teenage pregnancies, she noted that the national rates had increased, even among younger persons. The programme on comprehensive health care for women contained technical and administrative rules, and the National Office had a department dealing with health. Further, Panama was working closely with NGOs to address the problem. Programmes were being prepared to raise awareness and self-esteem among teenagers, funded in part by the United
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Nations Population Fund (UNFPA). Pregnant teenagers could not be expelled from the education system, which had been a common practice in the past.
Regarding maternal and infant mortality, indigenous women had an average of three children each, which evinced the use of some birth control. Though rates varied through the country, maternal mortality was high and had increased in indigenous areas. The Ministry of Health was establishing centres in rural areas to increase prenatal care and training. However, rural women were scattered, which made access difficult.
She said the needs of indigenous and rural women were highlighted to let women know of their rights. There were six rural women's forums where about 250 women in each province met for two days and talked of their rights as women. A second round of action would look at how programmes could be implemented. With regard to political involvement, indigenous women had turned out to be better organized than mainstream women. Many indigenous women were very involved in their communities.
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