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COMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF PANAMA
19 May 2004
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Committee on the
Rights of the Child 19 May 2004
The Committee on the Rights of the Child today considered the second periodic report of Panama on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Rosabel Vergara, Minister of Youth, Women, Children and the Family, said that Panama had adopted several laws and provisions aimed at the protection of the rights of children. Among other measures, an Ombudsman’s Office for children and a Social Office for children had been created. Moreover, public policies focusing on street children and child labour had been put into practice.
Ms. Vergara noted that there were major economic disparities in Panama; nearly 40 per cent of the population lived in poverty, 50 per cent of whom were boys, girls and adolescents; indigenous communities were the most affected. Among the legal measures taken by the State party were laws to combat sexual exploitation and to deal with issues such as parental responsibility, adoption, sexual consent and pregnancy, child labour and child support.
Committee Experts raised questions concerning child labour, the budget for social programmes, sexual consent of minors, displaced children, refugee children, deportations of indigenous people, adoption, disabled persons, HIV/AIDS, health issues and criminal responsibility, among other things.
In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as country Rapporteur to the report of Panama, said the Committee recommended an enhanced social policy for the benefit of children in Panama as well as a decentralized system of protection with separate funding for the well-being of children. The Rapporteur added that the Committee recommended that the State incorporate new actors, such as local governments, in these efforts.
The Committee will release its formal, written concluding observations and recommendations on the report of Panama towards the end of its three-week session which will conclude on Friday, 4 June.
Panama sent a five-person high-level delegation representing the Ministry of Youth, Women, Children and the Family and the Permanent Mission of Panama in Geneva to introduce the report and respond to the questions raised by Committee members over two meetings.
As one of the 192 States parties to the Convention, Panama is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee meets at 10 a.m. on Friday, 21 May, it is scheduled to take up the second periodic report of Rwanda (CRC/C/70/Add.22).
Report of Panama
The second periodic report of Panama (CRC/C/70/Ad.20) provides a range of socio-economic information stating that in 2000 the population of Panama was over 2.8 million; indigenous peoples account for 232,400 persons or 8.3 per cent of the population. Open unemployment, which was 14 per cent in 1996, dropped to 13.3 per cent in 2000 and affects mostly women and young people. More than one million people live below the poverty line and more than half a million live in conditions of extreme poverty; more than half of Panama’s children are poor.
The report lists a series of legislative measures taken by the State party, 38 in all, with regard to the Convention. The Convention on the Rights of the Child has entered into Panamanian law, however, in spite of the progress that has been made, the Convention is not fully enforced in practice by the various administrative, political and judicial bodies, owing to an unwillingness to change traditional attitudes, a lack of information and resources and the absence of a real national movement for the rights of the child. The report states that Panama is one of the countries in the region with the lowest child mortality rates; despite that, in recent years high mortality rates and a large number of cases of diarrhoea among children under five have been recorded.
Concerning employment, the minimum age for admission to employment in Panama is 15. The Constitution of Panama prohibits persons under that age from working, except as provided by law. The age of criminal responsibility is 14. Various measures have been taken in the area of education, including a programme to combat school violence. As a result of the border conflict with Colombia, two projects are being developed for families unable to return to their homes. Statistics compiled over a 10-year period show that juvenile delinquency is not a major problem, because the majority of crimes are committed by adults. Juveniles are more frequently implicated in crimes against property and minor offences or misdemeanours. The Government has taken a series of measures to benefit children, particularly in the areas of health and education; and a Unit for the Promotion of Indigenous Peoples was established in the Ministry of Youth, Women, Children and the Family.
Presentation of Report
ROSABEL VERGARA, Minister of Youth, Women, Children and the Family of Panama, recalled that Panama had ratified the Convention on the Rights of the Child in 1990. Panama had adopted several laws and provisions aimed at the protection of the rights of children. Among other measures, an Ombudsman’s Office for children and a Social Office for children had been created. Moreover, public policies focusing on street children and child labour had been put into practice.
Ms. Vergara noted that there were major economic disparities in Panama; nearly 40 per cent of the population lived in poverty, 50 per cent of whom were boys, girls and adolescents; indigenous communities were the most affected. Many efforts had been made by the State to deal with the problem of poverty yet the problem still existed.
Between 1990 and 2003, there had been an improvement with regard to child mortality and with respect to immunization; polio, for example, had been totally eradicated. The head of the delegation noted that clean drinking water was now available to more than 80 per cent of the population. In terms of criminal justice, measures had been taken since 1999 to comply with the Convention. On the same subject, Ms. Vergara noted that at present there were 74 adolescents serving sentences handed down by the courts. Among the legal measures taken by the State party were laws to combat sexual exploitation and to deal with issues such as parental responsibility, adoption, sexual consent and pregnancy, child labour and child support. Moreover, Panama had ratified the Hague Convention on Intercountry Adoption and had taken several measures to protect children with disabilities.
In closing, Ms. Vergara indicated that Panama had the third highest rate of AIDS in Latin America and that maternal mortality was 70 out of 100,000.
Questions Raised by Committee Experts
ROSA MARIA ORTIZ, the Committee Expert serving as country Rapporteur for the report of Panama, recalled that there were 3 million inhabitants in Panama, most of whom lived in urban areas and of which 8 per cent were indigenous. The unequal distribution of property was a serious problem facing the country as well as unemployment; 30 per cent of young males were unemployed and 20 per cent of females. Agricultural workers and farmers also lived in a state of vulnerability. There were major contrasts in terms of access to education by minorities and non-minorities.
Ms. Ortiz viewed as positive Panama’s ratification of both optional protocols to the Convention on the Rights of the Child, the Ottawa Landmines Convention, the Hague Convention on Intercountry Adoption, and the Statute for the International Criminal Court, among others. She asked whether Panama was planning to ratify the Hague Convention on the Abduction of Children and the convention concerning child support.
The Rapporteur recalled that the State party had a national plan of action to deal with children as well as multiple laws as listed in the report. She also noted the efforts made in terms of child labour, the sexual and commercial exploitation of children and adolescents, pornography and trafficking in children. However, a number of previous recommendations by the Committee in connection with refugee children and juvenile justice had not been followed up adequately. In turn, Ms. Ortiz asked what difficulties, if any, had been encountered in addressing these problems.
The absence of a children’s code was considered to be a problem; a new code for children was essential to coordinate and understand the commitment to and principles of the Convention. The Rapporteur asked for information in that regard. She noted that there may have been a lack of political will to bring about the necessary changes in that regard. Among other things, she asked if there was a system for the social protection of the rights of the child and specifically whether children had available to them any institution that they could turn to if they had a problem and, if so, what actions were carried out for implementing these rights.
The Rapporteur asked for specific information on how the National Council for Children and Adolescents operated. Specifically, she asked who was responsible for the implementation of the Convention, how the treaty affected the lives of children in Panama, and the application of the principles in terms of policies and programmes; what were the achievements and the potential for progress? Moreover, were children in Panama being treated better as a result of the ratification of the Convention and were their rights recognized by the general public, namely in terms of freedom of expression and freedom of association?
Ms. Ortiz also asked for information on the budget for social programmes in general and noted that the budget for education in 2004 had decreased. Lastly, the Rapporteur asked what relationship civil society and children had with government bodies and if they had participated in the drafting of the report.
Another Expert asked for more information on the budget and, in particular, how much of the income generated from the Panama Canal, which amounted to some one million dollars a day, was reflected in social programmes, especially for children. She asked what national legislative measures had been taken in conformity with the Convention. More information was called for with regard to discrimination given the high level of disparities in communities, on minimum wages and on the general functioning of the Office of the Ombudsman. Furthermore, the Expert asked for more information with regards to sexual consent and cases of sexual violence, as well as on the rights of children of minorities, especially at the border areas, given that there were high rates of unregistered births.
Other Experts asked questions pertaining to the functions of the National Council of the Child and Adolescents, on the dissemination of the Convention, education policies and the budget allocated for education, and cases of custody and court procedures. In general, an Expert asked what was being done to give more weight to the child’s voice in policy and social matters.
An Expert highlighted the major problem of poverty and asked for information in terms of strategies implemented by the State party to reduce poverty. With respect to indigenous people, the Expert asked for clarification on the implication of related laws adopted in recent years. The Expert also recalled the pact for Panamanian children endorsed by the First Lady of Panama and asked for detailed information on that pact. The availability of bilingual education was an issue raised by another Expert.
Response by Delegation of Panama
The delegation of Panama noted that much had been done to reduce levels of inequality and to empower the indigenous communities. Displaced children were given Panamanian nationality provided that they were born in Panama. The Government was currently drafting a bill for the protection of children and adolescents in consultation with various sectors in the community. Concerning criminal protection, the delegation noted that at the end of 2003 the State budget had allocated money for the specialized training of judges.
The Convention on the Rights of the Child was disseminated, among other places, to border police and throughout the Ministries of Health and Education which were both conducting a programme in coordination with the First Lady for children. The text of the Convention had also been distributed in coordination with the United Nations Children’s Fund (UNICEF). Books on the Convention had also been published in local indigenous languages.
The delegation noted that in the last ten years, numerous laws had been enacted with regard to the protection of children and adolescents; data and indicators which were previously unavailable were now available. There was a sector for children within the Ministry for Youth which was entrusted with collecting such data. The State had been developing policies for specific target groups - street children, child labourers, children who had been sexually exploited - which has created a framework which allowed the Government to identify further action to be taken. Last year the National Plan for Children was adopted which involved different aspects focusing on the protection and rights of the child.
The opinion of children was taken into account when drafting policies concerning their well-being; over 1,000 children gave their views when the Convention was being presented for ratification in Panama.
On a question related to the Ombudsman’s Office, the delegation noted that the Office was totally autonomous and belonged to the network of human rights institutions in-country. The Office was involved in the drafting of legislation concerning children and also in the oversight process. Among the activities undertaken by the Office was a “hotline” where young people could call in to register their complaints. The delegation highlighted the success of this “hotline” by providing an example of a foreign child who was kidnapped and returned to the mother through the aid of the Office.
In response to a question, a member of the delegation noted that the State’s revenue generated from use of the Panama Canal was used to improve the functioning of the Canal.
From 2000 to date, the delegation noted that many efforts had been made with respect to funding the Ministry of Education to improve schools and equipment as well as the staff. Over the years there had been an increase in grants aimed at the indigenous and disabled populations. Concerning the budget for the health sector, from 2000 to 2003 there was an investment of $ 164 million in that sector. For the first time, the Government had invested over $ five billion over a four-year period for social programmes, the delegation added.
In 1999, a national club for children was established for boys and girls who were at social risk; the club was present in over 50 per cent of Panama. Concerning violations of children’s rights, the National Council on Children and Adolescents was competent to hear such complaints and violations. There were opportunities for children to express their views at different venues and events organized by the State, such as children’s festivals. The Ministry for Youth was represented by provincial units to which children could also file complaints. Moreover, children were able to communicate with the Ministry through the Internet and also to learn about the kind of services provided.
Concerning teenage mothers, two years ago Panama passed a law for the protection of teenage mothers to allow them to have access to education and to ensure their health; legal support was available, if required.
There were programmes being carried out in coordination with the World Bank to improve education. Major investments had been made in rural communities, in particular, to improve schools systems therein. There was an organization of local family committees which worked in cooperation with the central Government. The Government was pushing for decentralization which hopefully would do away with disparities since the local communities would be able to deal with their own problems.
In response to a question on primary education, the delegation noted that schooling was free of charge for primary and secondary school levels. For the ages of 0 to 4, the Ministry of Youth was responsible, whereas for the ages for 5 and upwards the Ministry of Education was responsible.
The delegation said that if a refugee or displaced person was born in Panama, there was no problem in registering them; that was also applied to indigenous children.
Moreover, all refugees had access to schooling in Panama.
An Expert asked for clarification on the status of humanitarian protection for both Colombian and Costa Rican child refugees. In response, the delegation said that if a child was born somewhere else, the State could not register the child in Panama. The issue in Colombia was that of security and in Costa Rica it was more a problem of labour which caused people to come to Panama.
On a question pertaining to adoption, the delegation said that after 2000 the institutes looking after orphans had come under the judiciary and coordination was carried out with non-governmental organizations and government bodies. Adopting couples were supervised, periodic monitoring was carried out by the judiciary, and assessments were carried out by the Ministry of Youth. Moreover, legal services were provided free of charge.
A programme was being developed by the Ombudsman working with the United Nations Children’s Fund (UNICEF) for the registration of births in indigenous and rural areas. As for coordination with the mass media, the media was collaborating closely with the Government to inform the general public about registration procedures.
The delegation mentioned the government programme termed “Godfather” which targeted young people aged 14 and up who were at social risk due to crime or poverty; the programme aimed to have them continue their studies. Another programme was designed to help children who had served criminal sentences to re-enter society. More than 300 youngsters had been assisted through this programme across the country.
There was a Government department concerned with children with disabilities as well as an institute which provided education for those with disabilities. There was also an institute for rehabilitation. Special attention had given to rural areas. Overall, there were 52,000 disabled people in Panama; 1,400 of whom were from indigenous communities. Moreover, there were more than 10,778 children with disabilities overall.
The Standing Committee against Child Abuse was set up in 1996 and brought together non-governmental organizations working on this topic; it was part of the structure of the Ministry of Youth. The Committee’s task was to follow up on policies to monitor the ill-treatment of children. Moreover, since 2002, Panama had a policy focusing on sexual exploitation including the areas of criminal procedures, the detention of persons associated with the offences and undercover operations investigating these cases. Cases involving child pornography resulted in penalties ranging between 4 to 6 years. Preventive measures had also been taken including a law passed by the Attorney General and a multidisciplinary team had also been assembled to deal with this issue.
In the last ten years, Panama had seen an improvement in its health indicators especially concerning infant mortality as well as for mortality for those under five. However, there were still disparities; in rural areas the figures were higher than those in urban areas, the delegation said.
The delegation acknowledged that HIV/AIDS was still a big problem in the country; programme centres had been created to deal with it. Most cases involved women; the Health Ministry had developed an approach to increase the capacity to deal with this problem and had provided anti-retroviral drugs.
In the last five years, the Health Ministry had managed to improve the access to clean water with the construction of new aqueducts in rural areas. The State had developed more than 300 farms in rural areas to deal with the issue of malnutrition.
There were more than 300 health centres in the communities which provided pre-natal services in remote rural areas, as well as an additional 20 polyclinics; mid-wives were also trained, the delegation said.
The delegation noted that corporal punishment was prohibited in Panama. To deal with the large number of children living under protection in Panama, measures had been taken such as the establishment of foster homes and national child care centres. Moreover, attempts had been made to ensure that boys and girls were able to communicate freely with their relatives.
Sexual and reproductive health was taught in schools throughout Panama. Concerning mental health and suicides, which was a mater of concern in the country, the Ministry of Health had an inter-disciplinary team which dealt specifically with these matters. Moreover, there were several programmes in the country which dealt with the problem of drug abuse.
An Expert noted that 10 to 20 per cent of crimes were committed by adolescents. They asked what was being done to do away with the stigma that existed in society that adolescents were responsible for many of these crimes. In response, the delegation said the legislation covering the situation of minors in conflict with the law was regulated by the Family Code. An act adopted in 1999 broadened the provision of criminal responsibility for adolescents and legal standards were put into practice to ensure that minors who were responsible for carrying out criminal acts were protected. Although larger crimes were committed mostly by adults, misdemeanours and petty crimes were often committed by adolescents. Some 300 young people were being assisted by way of receiving vocational training, the delegation added.
Act No. 40 defined terms and conditions regarding adolescents’ responsibility for offences contrary to criminal law and established a system of specialized institutions and special procedures to deal with minors. In more serious crimes, sentences were handed down by the judges dealing with juvenile matters; there were eight tribunals each with a prosecuting officer. Moreover, the Ministry of Youth had a number of programmes aimed at preventing such minor offences for young offenders.
Policies with respect to child labour had been spearheaded by the Ministry of Labour, in collaboration with the Ministry of Youth. There were some 5,000 children who worked in the streets yet there were no street children, per se. According to a survey taken in 2003, there were approximately 46,900 children who worked in the country; 68 per cent of whom were in the countryside and the remainder in towns. In legal terms, Panama had ratified the Convention on the Minimum Age to Work and with support from the International Labour Organization, the State was working to eliminate the worst forms of child labour.
Preliminary Remarks
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Panama, said in preliminary remarks that she hoped the discussion had been a productive learning process for the delegation. The Committee had the sense that the delegation was sensitive to the problems that Panama faced concerning children. The energies of civil society and the Government must focus on programmes to build on steps already taken. The Rapporteur said the Committee recommended an enhanced social policy for the benefit of children and a decentralized system of protection with separate funding for the well-being of children. The Rapporteur added that the Committee recommended that the State incorporate new actors, such as local governments, in these efforts. Children should also be involved in decision-making matters.
* *** *
Rights of the Child 19 May 2004
The Committee on the Rights of the Child today considered the second periodic report of Panama on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Rosabel Vergara, Minister of Youth, Women, Children and the Family, said that Panama had adopted several laws and provisions aimed at the protection of the rights of children. Among other measures, an Ombudsman’s Office for children and a Social Office for children had been created. Moreover, public policies focusing on street children and child labour had been put into practice.
Ms. Vergara noted that there were major economic disparities in Panama; nearly 40 per cent of the population lived in poverty, 50 per cent of whom were boys, girls and adolescents; indigenous communities were the most affected. Among the legal measures taken by the State party were laws to combat sexual exploitation and to deal with issues such as parental responsibility, adoption, sexual consent and pregnancy, child labour and child support.
Committee Experts raised questions concerning child labour, the budget for social programmes, sexual consent of minors, displaced children, refugee children, deportations of indigenous people, adoption, disabled persons, HIV/AIDS, health issues and criminal responsibility, among other things.
In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as country Rapporteur to the report of Panama, said the Committee recommended an enhanced social policy for the benefit of children in Panama as well as a decentralized system of protection with separate funding for the well-being of children. The Rapporteur added that the Committee recommended that the State incorporate new actors, such as local governments, in these efforts.
The Committee will release its formal, written concluding observations and recommendations on the report of Panama towards the end of its three-week session which will conclude on Friday, 4 June.
Panama sent a five-person high-level delegation representing the Ministry of Youth, Women, Children and the Family and the Permanent Mission of Panama in Geneva to introduce the report and respond to the questions raised by Committee members over two meetings.
As one of the 192 States parties to the Convention, Panama is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee meets at 10 a.m. on Friday, 21 May, it is scheduled to take up the second periodic report of Rwanda (CRC/C/70/Add.22).
Report of Panama
The second periodic report of Panama (CRC/C/70/Ad.20) provides a range of socio-economic information stating that in 2000 the population of Panama was over 2.8 million; indigenous peoples account for 232,400 persons or 8.3 per cent of the population. Open unemployment, which was 14 per cent in 1996, dropped to 13.3 per cent in 2000 and affects mostly women and young people. More than one million people live below the poverty line and more than half a million live in conditions of extreme poverty; more than half of Panama’s children are poor.
The report lists a series of legislative measures taken by the State party, 38 in all, with regard to the Convention. The Convention on the Rights of the Child has entered into Panamanian law, however, in spite of the progress that has been made, the Convention is not fully enforced in practice by the various administrative, political and judicial bodies, owing to an unwillingness to change traditional attitudes, a lack of information and resources and the absence of a real national movement for the rights of the child. The report states that Panama is one of the countries in the region with the lowest child mortality rates; despite that, in recent years high mortality rates and a large number of cases of diarrhoea among children under five have been recorded.
Concerning employment, the minimum age for admission to employment in Panama is 15. The Constitution of Panama prohibits persons under that age from working, except as provided by law. The age of criminal responsibility is 14. Various measures have been taken in the area of education, including a programme to combat school violence. As a result of the border conflict with Colombia, two projects are being developed for families unable to return to their homes. Statistics compiled over a 10-year period show that juvenile delinquency is not a major problem, because the majority of crimes are committed by adults. Juveniles are more frequently implicated in crimes against property and minor offences or misdemeanours. The Government has taken a series of measures to benefit children, particularly in the areas of health and education; and a Unit for the Promotion of Indigenous Peoples was established in the Ministry of Youth, Women, Children and the Family.
Presentation of Report
ROSABEL VERGARA, Minister of Youth, Women, Children and the Family of Panama, recalled that Panama had ratified the Convention on the Rights of the Child in 1990. Panama had adopted several laws and provisions aimed at the protection of the rights of children. Among other measures, an Ombudsman’s Office for children and a Social Office for children had been created. Moreover, public policies focusing on street children and child labour had been put into practice.
Ms. Vergara noted that there were major economic disparities in Panama; nearly 40 per cent of the population lived in poverty, 50 per cent of whom were boys, girls and adolescents; indigenous communities were the most affected. Many efforts had been made by the State to deal with the problem of poverty yet the problem still existed.
Between 1990 and 2003, there had been an improvement with regard to child mortality and with respect to immunization; polio, for example, had been totally eradicated. The head of the delegation noted that clean drinking water was now available to more than 80 per cent of the population. In terms of criminal justice, measures had been taken since 1999 to comply with the Convention. On the same subject, Ms. Vergara noted that at present there were 74 adolescents serving sentences handed down by the courts. Among the legal measures taken by the State party were laws to combat sexual exploitation and to deal with issues such as parental responsibility, adoption, sexual consent and pregnancy, child labour and child support. Moreover, Panama had ratified the Hague Convention on Intercountry Adoption and had taken several measures to protect children with disabilities.
In closing, Ms. Vergara indicated that Panama had the third highest rate of AIDS in Latin America and that maternal mortality was 70 out of 100,000.
Questions Raised by Committee Experts
ROSA MARIA ORTIZ, the Committee Expert serving as country Rapporteur for the report of Panama, recalled that there were 3 million inhabitants in Panama, most of whom lived in urban areas and of which 8 per cent were indigenous. The unequal distribution of property was a serious problem facing the country as well as unemployment; 30 per cent of young males were unemployed and 20 per cent of females. Agricultural workers and farmers also lived in a state of vulnerability. There were major contrasts in terms of access to education by minorities and non-minorities.
Ms. Ortiz viewed as positive Panama’s ratification of both optional protocols to the Convention on the Rights of the Child, the Ottawa Landmines Convention, the Hague Convention on Intercountry Adoption, and the Statute for the International Criminal Court, among others. She asked whether Panama was planning to ratify the Hague Convention on the Abduction of Children and the convention concerning child support.
The Rapporteur recalled that the State party had a national plan of action to deal with children as well as multiple laws as listed in the report. She also noted the efforts made in terms of child labour, the sexual and commercial exploitation of children and adolescents, pornography and trafficking in children. However, a number of previous recommendations by the Committee in connection with refugee children and juvenile justice had not been followed up adequately. In turn, Ms. Ortiz asked what difficulties, if any, had been encountered in addressing these problems.
The absence of a children’s code was considered to be a problem; a new code for children was essential to coordinate and understand the commitment to and principles of the Convention. The Rapporteur asked for information in that regard. She noted that there may have been a lack of political will to bring about the necessary changes in that regard. Among other things, she asked if there was a system for the social protection of the rights of the child and specifically whether children had available to them any institution that they could turn to if they had a problem and, if so, what actions were carried out for implementing these rights.
The Rapporteur asked for specific information on how the National Council for Children and Adolescents operated. Specifically, she asked who was responsible for the implementation of the Convention, how the treaty affected the lives of children in Panama, and the application of the principles in terms of policies and programmes; what were the achievements and the potential for progress? Moreover, were children in Panama being treated better as a result of the ratification of the Convention and were their rights recognized by the general public, namely in terms of freedom of expression and freedom of association?
Ms. Ortiz also asked for information on the budget for social programmes in general and noted that the budget for education in 2004 had decreased. Lastly, the Rapporteur asked what relationship civil society and children had with government bodies and if they had participated in the drafting of the report.
Another Expert asked for more information on the budget and, in particular, how much of the income generated from the Panama Canal, which amounted to some one million dollars a day, was reflected in social programmes, especially for children. She asked what national legislative measures had been taken in conformity with the Convention. More information was called for with regard to discrimination given the high level of disparities in communities, on minimum wages and on the general functioning of the Office of the Ombudsman. Furthermore, the Expert asked for more information with regards to sexual consent and cases of sexual violence, as well as on the rights of children of minorities, especially at the border areas, given that there were high rates of unregistered births.
Other Experts asked questions pertaining to the functions of the National Council of the Child and Adolescents, on the dissemination of the Convention, education policies and the budget allocated for education, and cases of custody and court procedures. In general, an Expert asked what was being done to give more weight to the child’s voice in policy and social matters.
An Expert highlighted the major problem of poverty and asked for information in terms of strategies implemented by the State party to reduce poverty. With respect to indigenous people, the Expert asked for clarification on the implication of related laws adopted in recent years. The Expert also recalled the pact for Panamanian children endorsed by the First Lady of Panama and asked for detailed information on that pact. The availability of bilingual education was an issue raised by another Expert.
Response by Delegation of Panama
The delegation of Panama noted that much had been done to reduce levels of inequality and to empower the indigenous communities. Displaced children were given Panamanian nationality provided that they were born in Panama. The Government was currently drafting a bill for the protection of children and adolescents in consultation with various sectors in the community. Concerning criminal protection, the delegation noted that at the end of 2003 the State budget had allocated money for the specialized training of judges.
The Convention on the Rights of the Child was disseminated, among other places, to border police and throughout the Ministries of Health and Education which were both conducting a programme in coordination with the First Lady for children. The text of the Convention had also been distributed in coordination with the United Nations Children’s Fund (UNICEF). Books on the Convention had also been published in local indigenous languages.
The delegation noted that in the last ten years, numerous laws had been enacted with regard to the protection of children and adolescents; data and indicators which were previously unavailable were now available. There was a sector for children within the Ministry for Youth which was entrusted with collecting such data. The State had been developing policies for specific target groups - street children, child labourers, children who had been sexually exploited - which has created a framework which allowed the Government to identify further action to be taken. Last year the National Plan for Children was adopted which involved different aspects focusing on the protection and rights of the child.
The opinion of children was taken into account when drafting policies concerning their well-being; over 1,000 children gave their views when the Convention was being presented for ratification in Panama.
On a question related to the Ombudsman’s Office, the delegation noted that the Office was totally autonomous and belonged to the network of human rights institutions in-country. The Office was involved in the drafting of legislation concerning children and also in the oversight process. Among the activities undertaken by the Office was a “hotline” where young people could call in to register their complaints. The delegation highlighted the success of this “hotline” by providing an example of a foreign child who was kidnapped and returned to the mother through the aid of the Office.
In response to a question, a member of the delegation noted that the State’s revenue generated from use of the Panama Canal was used to improve the functioning of the Canal.
From 2000 to date, the delegation noted that many efforts had been made with respect to funding the Ministry of Education to improve schools and equipment as well as the staff. Over the years there had been an increase in grants aimed at the indigenous and disabled populations. Concerning the budget for the health sector, from 2000 to 2003 there was an investment of $ 164 million in that sector. For the first time, the Government had invested over $ five billion over a four-year period for social programmes, the delegation added.
In 1999, a national club for children was established for boys and girls who were at social risk; the club was present in over 50 per cent of Panama. Concerning violations of children’s rights, the National Council on Children and Adolescents was competent to hear such complaints and violations. There were opportunities for children to express their views at different venues and events organized by the State, such as children’s festivals. The Ministry for Youth was represented by provincial units to which children could also file complaints. Moreover, children were able to communicate with the Ministry through the Internet and also to learn about the kind of services provided.
Concerning teenage mothers, two years ago Panama passed a law for the protection of teenage mothers to allow them to have access to education and to ensure their health; legal support was available, if required.
There were programmes being carried out in coordination with the World Bank to improve education. Major investments had been made in rural communities, in particular, to improve schools systems therein. There was an organization of local family committees which worked in cooperation with the central Government. The Government was pushing for decentralization which hopefully would do away with disparities since the local communities would be able to deal with their own problems.
In response to a question on primary education, the delegation noted that schooling was free of charge for primary and secondary school levels. For the ages of 0 to 4, the Ministry of Youth was responsible, whereas for the ages for 5 and upwards the Ministry of Education was responsible.
The delegation said that if a refugee or displaced person was born in Panama, there was no problem in registering them; that was also applied to indigenous children.
Moreover, all refugees had access to schooling in Panama.
An Expert asked for clarification on the status of humanitarian protection for both Colombian and Costa Rican child refugees. In response, the delegation said that if a child was born somewhere else, the State could not register the child in Panama. The issue in Colombia was that of security and in Costa Rica it was more a problem of labour which caused people to come to Panama.
On a question pertaining to adoption, the delegation said that after 2000 the institutes looking after orphans had come under the judiciary and coordination was carried out with non-governmental organizations and government bodies. Adopting couples were supervised, periodic monitoring was carried out by the judiciary, and assessments were carried out by the Ministry of Youth. Moreover, legal services were provided free of charge.
A programme was being developed by the Ombudsman working with the United Nations Children’s Fund (UNICEF) for the registration of births in indigenous and rural areas. As for coordination with the mass media, the media was collaborating closely with the Government to inform the general public about registration procedures.
The delegation mentioned the government programme termed “Godfather” which targeted young people aged 14 and up who were at social risk due to crime or poverty; the programme aimed to have them continue their studies. Another programme was designed to help children who had served criminal sentences to re-enter society. More than 300 youngsters had been assisted through this programme across the country.
There was a Government department concerned with children with disabilities as well as an institute which provided education for those with disabilities. There was also an institute for rehabilitation. Special attention had given to rural areas. Overall, there were 52,000 disabled people in Panama; 1,400 of whom were from indigenous communities. Moreover, there were more than 10,778 children with disabilities overall.
The Standing Committee against Child Abuse was set up in 1996 and brought together non-governmental organizations working on this topic; it was part of the structure of the Ministry of Youth. The Committee’s task was to follow up on policies to monitor the ill-treatment of children. Moreover, since 2002, Panama had a policy focusing on sexual exploitation including the areas of criminal procedures, the detention of persons associated with the offences and undercover operations investigating these cases. Cases involving child pornography resulted in penalties ranging between 4 to 6 years. Preventive measures had also been taken including a law passed by the Attorney General and a multidisciplinary team had also been assembled to deal with this issue.
In the last ten years, Panama had seen an improvement in its health indicators especially concerning infant mortality as well as for mortality for those under five. However, there were still disparities; in rural areas the figures were higher than those in urban areas, the delegation said.
The delegation acknowledged that HIV/AIDS was still a big problem in the country; programme centres had been created to deal with it. Most cases involved women; the Health Ministry had developed an approach to increase the capacity to deal with this problem and had provided anti-retroviral drugs.
In the last five years, the Health Ministry had managed to improve the access to clean water with the construction of new aqueducts in rural areas. The State had developed more than 300 farms in rural areas to deal with the issue of malnutrition.
There were more than 300 health centres in the communities which provided pre-natal services in remote rural areas, as well as an additional 20 polyclinics; mid-wives were also trained, the delegation said.
The delegation noted that corporal punishment was prohibited in Panama. To deal with the large number of children living under protection in Panama, measures had been taken such as the establishment of foster homes and national child care centres. Moreover, attempts had been made to ensure that boys and girls were able to communicate freely with their relatives.
Sexual and reproductive health was taught in schools throughout Panama. Concerning mental health and suicides, which was a mater of concern in the country, the Ministry of Health had an inter-disciplinary team which dealt specifically with these matters. Moreover, there were several programmes in the country which dealt with the problem of drug abuse.
An Expert noted that 10 to 20 per cent of crimes were committed by adolescents. They asked what was being done to do away with the stigma that existed in society that adolescents were responsible for many of these crimes. In response, the delegation said the legislation covering the situation of minors in conflict with the law was regulated by the Family Code. An act adopted in 1999 broadened the provision of criminal responsibility for adolescents and legal standards were put into practice to ensure that minors who were responsible for carrying out criminal acts were protected. Although larger crimes were committed mostly by adults, misdemeanours and petty crimes were often committed by adolescents. Some 300 young people were being assisted by way of receiving vocational training, the delegation added.
Act No. 40 defined terms and conditions regarding adolescents’ responsibility for offences contrary to criminal law and established a system of specialized institutions and special procedures to deal with minors. In more serious crimes, sentences were handed down by the judges dealing with juvenile matters; there were eight tribunals each with a prosecuting officer. Moreover, the Ministry of Youth had a number of programmes aimed at preventing such minor offences for young offenders.
Policies with respect to child labour had been spearheaded by the Ministry of Labour, in collaboration with the Ministry of Youth. There were some 5,000 children who worked in the streets yet there were no street children, per se. According to a survey taken in 2003, there were approximately 46,900 children who worked in the country; 68 per cent of whom were in the countryside and the remainder in towns. In legal terms, Panama had ratified the Convention on the Minimum Age to Work and with support from the International Labour Organization, the State was working to eliminate the worst forms of child labour.
Preliminary Remarks
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Panama, said in preliminary remarks that she hoped the discussion had been a productive learning process for the delegation. The Committee had the sense that the delegation was sensitive to the problems that Panama faced concerning children. The energies of civil society and the Government must focus on programmes to build on steps already taken. The Rapporteur said the Committee recommended an enhanced social policy for the benefit of children and a decentralized system of protection with separate funding for the well-being of children. The Rapporteur added that the Committee recommended that the State incorporate new actors, such as local governments, in these efforts. Children should also be involved in decision-making matters.
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