Source : Electoral Tribunal. 1999 elections.

In the National Assembly for 2004-2009, of the 72 seats for representatives, 12 (or 18.3%) are held by women.

Percentage of women nominated as candidates and/or elected in 1999 and 2004, by position

	1999 (%)	2004 (%)
Elected town councillors	12.52	12.0
Elected mayors	13.51	17.0
Nominations for election to the legislature	13.98	19.09
Legislators elected	9.86	18.30

Source : Electoral Tribunal. 1999 elections, and UNDP. (2007) Mapping the Participation of Women – Panama , UNDP-AECI (Spanish International Cooperation Agency), Panama .

109.As regards democracy, at the Fourth World Conference on Women in Beijing in 1995, our country committed to contributing to the definitive eradication of any form of discrimination or obstacle to the full advancement of women, on an equal footing with men, by taking proactive steps to enable women to attain the position that men have traditionally occupied in this society. That commitment materialized with the reform of the Electoral Code through Law Nº 22 of June 1997, which established the legal obligation to guarantee that at least 30% of political party candidates are women.

110.For its part, Law Nº 6 of 17 December 2002, established the obligation “to earmark at least 10% of [… public funding for elections] for training women,” to be awarded to each political party’s Female Secretary in charge of monitoring the use of those funds, pursuant to Law 60 of 29 December 2006.

111.In the Judiciary, women’s participation is greater than it is in the other branches of government. Of the 278 positions for judges, magistrates, and or court-appointed attorneys, 129 are held by women (46.4%), even though this is a sphere traditionally dominated by men.

112.The following Table shows the number of women occupying ministerial positions in the Executive:

Number of female ministers by ministry, in each presidential term

Period	Total number of ministries	Female ministers	Ministries
1994-1999	14	2 (14.28%)	Ministry of Social Development (MIDES) and Ministry of Health (MINSA)
1999-2004	13	4 (30.76%)	Ministry of the Presidency, Ministry of Education (MIDUCA), Ministry of Agriculture and Livestock (MIDA), and MIDES
2004-2009	13	4 (30.76%)	Ministry of Housing (MIVI), MIDES, MINSA and Ministry of the Interior and Justice

Source : UNDP 2007. Mapping the Participation of Women – Panama , UNDP-AECI , Panama .

113.In 1999 to 2009, women held 30.76% of the ministerial positions, thereby meeting the 30% female representation quota required by Law No. 22 of 14 July 1997.

114.Currently there are five female vice-ministers and 311 women in executive governmental positions (accounting for 42 percent of the total for government institutions.

Number of female vice-mini sters, by ministry, 2007

Ministry	Total number of positions	Female Vice-Ministers
Of the Presidency	1	-
Trade and Industry	2	1
Agriculture and Livestock	1	-
Economy and Finance	2	2
Education	1	1
Interior and Justice	1	-
Social Development	1	1
Public Works	1	-
Foreign Affairs	1	-
Health	1	1
Labour	1	-
Housing	1	-
Total	14	6

Source : UNDP 2007. Mapping the Participation of Women – Panama , UNDP-AECI , Panama .

Women and men in executive positions, by ministry, 2007

		Director
Ministry	Total number of positions	Women	Men	Women %
Of the Presidency	22	6	16	27
Trade and Industry	19	4	15	21
Agriculture and Livestock	34	8	26	23
Economy and Finance	12	5	7	41
Education	49	31	18	63
Interior and Justice	23	7	16	30
Social Development	39	32	7	82
Public Works	27	4	23	15
Foreign Affairs	13	6	7	46
Health	31	14	17	45
Labour	21	8	13	38
Housing	21	6	15	29
Total	311	131	180	42%

Source: UNDP 2007. Mapping the Participation of Women – Panama , UNDP-AECI , Panama .

Article 8

States p arties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

Response

115.The following Table illustrates the part played by women in the Panamanian Foreign Service:

Panamani an women in the Foreign Service

2004-2007

Position	Quantity
Foreign S ervice officers	9
Consul general	17
Consular affairs	9
Honorary consuls	9
Embassy staff	88
Consular staff	24
Total	156

Article 9

States p arties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

States p arties shall grant women equal rights with men with respect to the nationality of their children

Response

116.Panamanian women enjoy equal rights with men to acquire, change or retain their nationality. According to the Constitution, Panamanian national is acquired:

(a)By birth: whether for those born in the national territory or for offspring of a father or mother who is Panamanian, either by birth or by naturalization, even if born outside the territory of the Republic.

(b)By naturalization: for aliens with five years of continuous residence within the territory of the Republic, who declare their intention to become naturalized and establish that they have a command of the Spanish language and an elementary knowledge of Panamanian geography, history and political organization, or for aliens with three years of continuous residence with the territory of the Republic of Panama, who have children born in the national territory of a Panamanian father or mother, of who have a spouse of Panamanian citizenship, provided they make the statements and submit the evidence referred to above, and for nationals by birth of Spain or any Latin American nation provided they fulfil the same requirements necessary in their country of origin for the naturalization of Panamanians.

117.Pursuant to the Constitution, all persons who, before their seventh birthday, were legally adopted by Panamanian nationals, establish their domicile in the Republic of Panama, and, no later than one year after they become of legal age, state their intention to elect Panamanian citizenship may also opt to become Panamanian nationals by naturalization.

118.Panamanian nationality by origin or acquired by birth cannot be lost, but express or implied renunciation of it suspends citizenship. Panamanian nationality derived from or acquired by naturalization shall be lost for the same reasons.

119.Marriage shall not alter a person’s nationality.

Part III

Article 10

States p arties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

( a ) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

( b ) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

( c ) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

( d ) The same opportunities to benefit from scholarships and other study grants;

( e ) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

( f ) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

( g ) The same Opportunities to participate actively in sports and physical education;

( h ) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Response

120.Public education policy is one of the most important areas of social investment in Panama. Educational level indicators over the past 10 years show roughly equal male/female ratios. There are slight differences in literacy rates between men and women: 7.4% and 8.7%, respectively. The illiteracy rate for the population as a whole fell from 10.7% in 1990 to 7.8% in 2000.

121.In Panama, the Constitution stipulates that all have the right to an education and the responsibility to become educated. The State organizes and directs national education as a public service and guarantees parents the right to participate in the process of their children’s education.

122.Education is based on science, uses its methods, promotes its growth and dissemination, and applies its results in order to ensure the development of the human person and of the family, and equally to ensure the affirmation and strengthening of the Panamanian nation as a cultural and political community. Conscious of that, the authorities adopted the commitments made at the Beijing Conference and incorporated them into the 10-year Strategy (Educational Development Project – PRODE/Ministry of Education – MEDUC/Inter-American Development Bank – IDB).

123.As regards the educational system and the incorporation of girls in it, the statistics show an increase in the number of girl pupils, although some gaps persist, especially among the indigenous population. According to the Second Report on the Millennium Development Goals (2005), a comparison of 2000 and 2003 enrolment statistics shows the same trend in the boy-girl pupil ratio.

124.The 2003 data show 93 girls for every 100 boys enrolled in primary school. In secondary education there are 102 girls for every 100 boys and in higher education the entrance gap between female and male students has narrowed slightly from 164.1 female students for every 100 male students in 2000 to 150 female for every 100 male students in 2003.

125.Panama is experiencing a feminization of university enrolment. According to the October 2005 Study on the Status of Gender Equity in the University of Panama, conducted by the Women’s Institute and the Office of the Vice-Rector for Research and Postgraduate Studies, enrolment figures for the University of Panama, broken down by head office, faculty, and location, showed a total of 23,746 men and 49,003 women.

126.For instance, in the Public Administration, Education Sciences, Economics, Pharmaceutical and Humanities faculties, for every three enrolled students, one is a man and two are women. A similar distribution can be found in the Nursing and Dentistry Faculties.

127.Such figures could lead one to think that women face no barriers to access to higher education. However, analysis of the programs in which women students predominate suggests that there are still cultural limitations preventing women from choosing certain non-traditional programs.

128.It is important to add the part women play in science, technology and innovation, specifically by looking at the figures for human resource advancement through scholarships provided by the Institute for Training and Progress in Human Resources – IFARHU.

129.According to a report by IFARHU, women receive more scholarships than men at every level: primary, secondary and/or university. In 2005 to 2006, 55,026 women were awarded scholarships, compared to 40,452 men.

National scholarships awarded by IFARHU in the R epublic of P anama , by level and sex

2000-2005

Year		Total		Primary		Secondary		University
Male	Female	Male	Female	Male	Female	Male	Female
Total	40 452	55 026	16 730	19 185	21 738	32 637	1 084	3 204
2000	5 547	7 730	2217	2 454	3 109	4 902	221	374
2001	8210	11 726	3553	4 005	4 261	7 049	376	872
2002	10 932	14 881	6350	6 477	5 196	7 765	375	639
2003	6 860	9245	2540	2 826	3 946	5 778	374	639
2004	5 259	6623	2105	2 311	2 926	3 895	228	317
2005 (P)	3 653	4921	965	1 110	2 278	3 248	410	563

Source : IFARHU Statistics Department. (P) Prelimi nary figures at 30 September.

130.Furthermore, with respect to innovative steps taken in the education sector, the Ministry of Education’s Intercultural Bilingual Unit has implemented the indigenous women’s literacy program.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Response

131.Article 63 of the Political Constitution of the Republic of Panama establishes:

“A like wage or salary shall always be paid for like work under identical conditions, irrespective of the person who performs it, without taking into account sex, nationality, age, race, social standing, political or religious ideologies.”

132.Taking into consideration the recommendations contained in International Labour Organization (ILO) Conventions 100 and 111, Article 43 of Executive Decree No. 53 regulating the implementation of Law No. 4 on equal opportunities for women establishes that the Planning Office of the Ministry of Labour shall prepare mechanisms and procedures based on technical and merit-related criteria in order to evaluate the tasks associated with a particular post, free of any gender bias. Specifically, Article 10 of Law No.4 stipulates in respect of labour that:

“Ensuring women’s participation in the labour market poses a challenge calling for across-the-board, coordinated and innovative responses to facilitate the appropriate development of the human resources they embody and which are underutilized… Women are at greater risk of being unemployed or inadequately paid, of losing their jobs, of being sexually harassed in the workplace and of being confined to the informal sector of the economy.”

133.Pilot training and guidance courses were launched in 2008, in the Veraguas, Chiriquí and Comarca Ngobe Buglé regions, to prepare young female leaders for entry into the labour market, as part of the actions undertaken by the Regional Women’s Economic Agenda (AGEM) Project, which includes the National Women’s Mechanism.

134.Certain specific measures stand out, such as the establishment in May 2007 of the Labour Ministry’s Gender and Work Commission to foster institutional capacity for gender mainstreaming at work, with a view to achieving equal opportunities in practice.

135.The following actions were planned as this report was drawn up:

An agreement between the Ministry of Social Development (MIDES) and the Labour Ministry (MITRADEL) to establish a Gender Office in MITRADEL;

National and international technical assistance with preparation of the survey on how women distribute their time between paid and unpaid labour (a commitment undertaken at the Conference on Women held in Ecuador in 2007);

A comparative diagnostic assessment of the salary gap between men and women in the public sector;

Coordination with MITRADEL’s Employment Directorate to schedule training and gender mainstreaming activities.

136.Although Panama does not have laws specifically targeting sexual harassment, there are laws that punish such activities, including:

Law No. 9 of 1994 on the Civil Service (Articles 2, 138, 152)

The Labour Code (Articles 127, 128, 138, and 213, included in the Code by Law No. 44 of 12 August 1995)

Rules of Procedure governing the Judicial Investigation Career in the Office of the Attorney General (Article 121)

Law No 4 of 1999 on equal opportunities

Rules of Procedure of the Ministry of Health

Rules of Procedure of the National Police

Law 38 of 10 July 2001, which includes the crime of sexual harassment in our criminal code and punishes it with between one and three years in prison

137.In addition, any pregnant worker enjoys a mandatory six weeks’ rest prior to giving birth and eight weeks’ rest thereafter, that is to say for a period of no fewer than 14 weeks. However, if the birth is delayed, the worker shall be entitled to receive paid leave for the eight weeks following delivery.

138.During the aforementioned period, an employer may not initiate, adopt, or notify the worker of any of the measures, sanctions, and actions contemplated in the Labour Code. Expiry and prescription deadlines favouring the employer are thereby suspended.

139.As regards the maternity allowance, Article 107 of the Labour Code stipulates that the employer must defray the difference between the allowance granted by the Social Security Fund and the wages to which the pregnant worker is entitled, or the entire amount if the Social Security Fund is not obliged to cover that allowance.

140.An employer whose orders entail functional or horizontal mobility for a worker must bear in mind that such a move needs to be compatible with the position, rank, strength, aptitude, qualifications, and skills of the worker concerned and should not involve a drop in his or her remuneration or wages nor a loss of the worker’s dignity or self-esteem. In the case of workers covered by maternity regulations, mobility must not entail work during special hours or in shifts rotating between different periods.

141.Government entities are subject to the Civil Service Law (Law No. 9 of 20 June 1994), the purpose of which is to “regulate the rights and duties of civil servants, especially those in the administrative career service, in their relations with public administration, and to establish a human resource management system for devising merit and efficiency-oriented procedures and regulations applicable to civil servant.”

142.Although the principles adduced in support of the law do not allude, directly, to equal pay, the law does emphasize equal treatment and equal opportunities for the economic, social, and moral development of all civil servants, without discrimination of any kind.

143.In the Administrative Career, remuneration should be construed as the retribution corresponding to a particular post, meaning the salary, representation expenses, overtime, compensation, bonuses, and any other allowances for civil servants, provided that they correspond to services rendered. The law also stipulates that remuneration must take into account the classification of a position, the current state of government finance, and labour market condition, in accordance with public sector fiscal policy.

144.That precept suggests that there is no regulation guaranteeing wage stability for civil servants, because that could help foster wage discrimination based on fluctuations in labour market conditions.

145.In short, those are the measures that government entities have adopted to promote objective evaluation of work, free of discrimination. Such measures are intended to ensure merit-based recruitment and equal pay based on the job itself, rather than on personal characteristics of the worker performing it.

Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation .

Response

146.The Political Constitution of the Republic of Panama establishes that health care is a right and Chapter VII of Law No. 4 of 1999, on Equal Opportunities for Women, sets forth the public policy that the State shall pursue to promote equal opportunities with respect to health.

147.In Panama health care is conceived as a comprehensive set of activities for promotion, prevention, cure and rehabilitation to enable individuals to lead a healthy life and to facilitate the empowerment of men and women on the basis of more equal relations between them. Panama’s Ministry of Health (MINSA) is the body responsible for health policies to guarantee public health activities and universal access of the population.

148.Article No. 719 of the Panamanian Family Code establishes that pregnant women providing public or private enterprises with paid services shall benefit from maternity rights. Moreover, community health services must register the pregnant women in each area and provide assistance, education and periodic care services, especially to expectant mothers who are unemployed or have no family support. (Article 720)

149.In the same vein, Article 699 of the Family Code establishes that: “In all population centres, the State shall provide medical and public health services free of charge to expectant mothers and during childbirth and the puerperium, if the mother cannot pay for them, as well as a food subsidy if she is unemployed or without the means to take care of herself.”

150.As regards medical care, and in order to ensure equal access to it by men and women, Panama has Law No. 50 of 23 November 1995, “protecting and fostering breastfeeding.”

151.The purpose of this Law is to encourage breastfeeding, primarily through education, in such a way that the child being breastfed is guaranteed a safe and efficient source of nutrition and the mother and child can both enjoy complete physical, mental, and social well-being. In one of its articles, the Law stipulates that “health sector personnel shall promote breastfeeding and eradicate any practices that, directly or indirectly, postpone the start of it or hinder its continuation.”(Article 10)

152.With respect to progress made with sexual and reproductive health policy in Panama, the following developments deserve mention:

1.The decline in the overall fertility rate from 2.7 in 1990-1999 to 2.4 3 in 2004;

2.The establishment of a sexual and reproductive health section in the Ministry of Health’s organizational and functional structure;

3.The incorporation of a Population Program in the basic education curriculum;

4.The drafting of the National Sexual and Reproductive Health Plan (1999);

5.The instalment of the National Sexual and Reproductive Health Commission;

6.The existence in Panama of a UNAIDS (Joint United Nations Programme on HIV/AIDS) Thematic Group;

7.The existence of the Inter-Agency Thematic Group on Health; and

8.The consolidation of the NGO and HIV/AIDS Network and the organization and development of the religious sector’s network for HIV/AIDS prevention.

153.MINSA also has a Family Planning Programme, the general purpose of which is “to provide the population with abundant information and quality services to enable it to achieve its reproductive ideals.” (Comprehensive Health Care for Women Programme, 2002).

154.Executive Decree No. 2 of 9 February 1999 established Panama’s National Sexual and Reproductive Health Commission, comprising the institutions involved in that area: the Ministry of Health, the Ministry of Education, the Ministry of Social Development, the Office of the First Lady, the Social Security Fund, the National Secretariat for the Social Integration of Persons with Disabilities, the University of Panama, various NGOs working in this field, the Coordinating Agency for the Integral Development of Women, the Parents Federation, the Senior Citizens Federation, the Kuna Yala Community, the Ngobe Buglé Community, the Panama National Youth Council, and the Ecumenical Council and Diocesis of Panama.

155.The members of the National Sexual and Reproductive Health Commission have met each month since 2005 to prepare a draft Framework Law on Sexual and Reproductive Health. This proposal is currently at the consultation stage.

156.It is worth noting that the 2005 Report on Women’s Health in Panama identifies the five leading causes of death among women as: upper respiratory tract infections, influenza, skin and subcutaneous tissue infections, diarrhoea, and urinary system diseases.

157.As regards the health of adolescent girls, the aforementioned Report indicates that gender bias attributes most responsibility for pregnancies to them, ignoring any responsibility on the part of men or society in general. The same Report states that 29.1% of pregnant adolescents receive pre-natal care. Their attendance rate for medical check-ups is low, according to health care services records for girls aged ten and over. This is an indicator that they are at great risk, considering that studies show that 35% of both male and female adolescents start having sex when they are between 14 and 16 years old, when they have not yet acquired the necessary physiological, emotional or social maturity.

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Response

158.In Panama, family benefits were established by Decree Law No 9 of 1962 and Decree Law No 14 of 1954, and their respective amendments with respect to old age pensions and disability allowances. Spouses and partners, and children under 18 years of age or with disabilities, are defined as CSS (Social Security Fund) beneficiaries.

159.As for bank loans, mortgages and other forms of financial credit, Law No. 4 on Equal Opportunities for Women establishes that credit unions and retail co-operative societies must be fostered in order to create a support network, above all for women in rural areas.

160.Equal Opportunities Plan II (2002-2006) likewise states that programmes must be designed and implemented to raise the level of rural and indigenous women’s participation in rural economic enterprises. Individually run business projects need to be generated, in both urban and rural areas, so that women have more access to credit or bank loans, in coordination with other bodies such as Banco Nacional de Panamá, the Association of Small and Medium-Sized Enterprises, and the Panamanian Co-operative Movement Institute.

161.The Panamanian Co-operative Movement Institute is responsible for formulating, directing, planning and executing government policy on co-operatives. It was established by Law No. 24 of 21 July 1980. Encouraging results have been achieved through the Autonomous Co-operative Institute, IPACOOP, including greater sensitivity to a gender perspective among the members of co-operatives, more than 50 of which now have a full-fledged Gender Committee.

162.These co-operatives are essentially saving and loan associations, for which there is a strong demand in the provinces, where poverty among women is even more in evidence. According to data provided by the Institute, women predominate in sand accounted for 592 of them at 30 September 2007. Work is also being done on the establishment of the Schoolchildren’s Programme, which caters to boys and girls belonging to 11 co-operatives all over Panama, developing school vegetable gardens, poultry projects and arts and crafts in rural areas.

163.As regards the participation of women in the entrepreneurial sector, between 2000 and February 2007, 14,842 women’s businesses were registered, mainly in commerce, services, and manufacturing.

E nte rprises registered by women

2000- F ebruary 2007

Year	Number of enterprises registered
2000	14
2001	1 863
2002	2 115
2003	1 184
2004	3 046
2005	4 002
2006	2 505
2007	113
Total	14 842

Source: Panamanian Business Information System of the Micro, Small and Medium-sized Enterprise Authority – AMPYME .

Women registered in the Panamanian entrepreneurial sector, by type of economic activity

2000-February 2007

Economic Activities	Women Registered
Commerce	6 502
Arts and crafts	985
Services	3 668
Tourism	397
Agriculture	981
Manufacturing	1 279
Other	1 030
Total	14 842

Source : Panamanian Business Information System of the Micro, Small and Medium-sized Enterprise Authority – AMPYME .

Article 14

1. States parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Response

164.The rural policy guidelines promoting activities for the advancement of women are for the most part contained in Equal Opportunities for Women Plan II (PIOM II) for 2002-2006; in Law No. 4 instituting equal opportunities for women; and in Executive Decree No. 53, which establishes the regulations for implementing that Law.

165.The Ministry of Social Development, through the National Directorate of Women, which is responsible for coordinating public policy on equal opportunities for women, oversees the Network of Governmental Mechanisms for Women, in which MIDA’s Rural Women Programme plays an active part.

166.For its part, the Agricultural and Livestock Development Directorate of the Agriculture Ministry is responsible for following up on policies addressing rural women’s issues. In 2005-2007, the Directorate’s records show that there were 123 rural women’s organizations nationwide.

167.In addition, there are national-level projects geared to the social and economic inclusion of persons with disabilities, with 496 women and 305 male beneficiaries, in commerce, agriculture, and services.

168.Another initiative is the so-called “With You Rural Woman” (Contigo Mujer Rural) project, which grants micro-credits (totalling B/.164,613.91 at 31 December 2006) to women in rural and indigenous communities (355 women beneficiaries). The loans approved support livestock, agricultural, commercial, services, and manufacturing activities.

169.In addition, 982 women and 405 men have received training in human development, in sex-gender-related issues, self-esteem, business management and project formulation, and technical counselling on family vegetable gardens.

170.From 2005 to 2006, the Ministry of Social Development’s provincial and regional directorates conducted a series of activities:

1.Training courses in leadership, self-esteem, gender and human rights (for 300 women beneficiaries)

2.Monitoring of MIDA’s Rural Women Programme

3.Fora on Gender and Economics in the provinces of Chiriquí (Alanje district), Los Santos, Veraguas and Herrera (236 women beneficiaries), organized jointly with the Foundation for the Advancement of Women (FUNDAMUJER).

171.Likewise, there are two large-scale social inclusion programmes for people living in poverty and extreme poverty:

The “Get Ahead for Panama ” ( Muévete por Panamá ) Literacy Campaign, a program benefiting both men and women, mainly those excluded from the formal education system; and

The Opportunities Network Programme, which seeks to strengthen poor families’ capacities by guaranteeing health care and education services to improve their standard of living.

172.Between April 2006 and July 2007, 33,758 households living in extreme poverty (44% of all such households in Panama) were brought into the Opportunities Network Programme. The indigenous regions (comarcas) received 100% coverage, which benefited more than 130,000 indigenous people.

173.The Programme has led, among other achievements, to a 39% increase in visits to doctors/health centres, a 2% decline in the school dropout rate, and an 11.5% increase in pre-school enrolment. It has had a direct impact on the quality of life of rural and indigenous women, particularly since a conditional monetary allowance of B/. 35.00 is granted to women heads of household to ensure that they look after their health and keep their sons and daughters in the educational system.

174.According to the Sixth Agriculture and Livestock Census (of April 22 to 29, 2001), only 15% of all women farmers are engaged in agriculture or livestock farming as their principal activity. For both male and female farmers, agriculture is more important for them than livestock farming (80% in the case of men, 68% in the case of women).

175.The Rural Women’s Network (REMAPUR) was installed in 2007, bringing together women from all over the country, including the Kuna and Ngöbe Buglé districts. Some 65 of REMAPUR’s district delegates shared their experiences with projects executed by different organizations and were given official status as representatives, a legal instrument that will enable them to obtain financing for national and international projects. REMAPUR groups together 3,228 women in 269 community organizations.

176.The Office of the First Lady, for its part, runs the United Families Programme for families living in extreme poverty. It focuses on family unity and lends support in the form of health care, nutrition, education and housing, directly benefiting rural women.

Part IV

Article 15

1. States Parties shall accord to women equality with men before the law.

2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

Response

177.Since 1995, some progress has been made in our country regarding women and their rights in civil and family matters, thanks to promulgation of the Family Code.

Currently, progress made with the elimination of discrimination against women in our legislation has been substantial, in the sense that there is no legal impediment to women administering their own property and disposing of it according to their needs or convenience. In addition, they have full legal capacity, as subjects of both rights and duties.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

Response

178.With respect to marriage and family relations, women, like men, may freely choose their spouse and may enter into marriage by their own free will. However, males under the age of 16 and girls under the age of 14 are not allowed to enter into marriage.

179.Furthermore, as for rights and responsibilities in a marriage, we can point out that, according to the Family Code, they are based on the principle of the equal rights and duties of the spouses, whereby they are obliged to live together, to be faithful to one another, and to honour and protect one another. Both the husband and the wife are obliged to help pay for the costs of feeding the family and other expenses, each in proportion to their financial means.

180.As for the economic rights of parties to a marriage, they must be stipulated by the spouses in a marriage contract, otherwise they shall be governed by a profit sharing regime whereby each of the spouses acquires the right to participate in the profits made by the other during the period to which that regime applied. It shall be understood that there are profits provided that the asset or assets, with the contribution or work of either spouse, has/have maintained the value it or they had before the regime entered into force.

181.Any stipulation contrary to law or morality or that constitutes a limitation on the equality of rights and duties of the spouses is considered null and void.

Optional Protocol

(a)If the State party has ratified or acceded to the Optional Protocol and the Committee has issued Views entailing provision of a remedy or expressing any other concern, relating to a communication received under that Protocol, a report should include information about the steps taken to provide a remedy, or meet such a concern, and to ensure that any circumstance giving rise to the communication does not recur.

(b)If the State party has ratified or acceded to the Optional Protocol and the Committee has conducted an inquiry under article 8 of the Optional Protocol, a report should include details of any measures taken in response to an inquiry, and to ensure that the violations giving rise to the inquiry do not recur.

Response

182.Our country ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women through Law No. 17 of 28 March 2001.

183.At this time, it is unknown whether any communication in connection with said Protocol has been received.

Measures to implement outcomes of United Nations conferences, summits and reviews

(a)In the light of paragraph 323 of the Beijing Platform for Action, adopted at the Fourth World Conference on Women, in September 1995, initial and subsequent reports of States parties should contain information on the implementation of the actions to be taken in regard to the 12 critical areas of concern identified in the Platform. Reports should also contain information on the implementation of the further actions and initiatives to implement the Beijing Declaration and Platform for Action agreed by the twenty-third special session of the General Assembly, “Women 2000: gender equality, development and peace for the twenty-first century,” in June 2000.

(b)Taking into account the gender dimensions of declarations, platforms and programmes of action adopted by relevant United Nations conferences, summits and special sessions of the General Assembly (such as the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Second World Assembly on Ageing), reports should include information on the implementation of specific aspects of these documents which relate to specific articles of the Convention in the light of the subjects with which they deal (for example, migrant women or older women).

Response

184.Since the Fourth World Conference on Women, held in Beijing in 1995, the Republic of Panama has made certain commitments and accepted the obligation to follow through on them through various different governmental bodies and political organs.

185.Pursuant to the Platform for Action (PAM/95), they have taken a number of public policy steps against domestic violence; a governmental structure has been institutionalized to ensure continuity in plans and programs for the development of women’s human rights and comply with the international commitments taken on in the 1995 and 2000 Platforms for Action, respectively, by establishing agencies specializing in women’s issues and through the dissemination and promulgation of three reports (1996, 1999 y 2001) on the status and condition of women in Panama, known as the “Clara González National Report.”

186.It is important to underscore the significant steps taken to forge and execute an agenda against racism, racial discrimination, xenophobia, and related forms of intolerance. The most noteworthy actions in this area include:

Law No. 9 of 30 May 2000.

(a)This law declared 30 May as a day of civic celebration and commemoration of Panama’s black ethnic group (Día Cívico y de Conmemoración de la Etnia Negra Nacional), throughout the territory of the Republic, as a way of highlighting the values of the black population and their contributions to culture and development of the country.

(b)Law 16 of April 10, 2002, regulating the right to admission to government establishments and establishing the National Commission against Discrimination as a forum in which civil society and the Government can jointly discuss cases of discrimination and propose remedies.

(c)Also in 2002, the Panama District Mayor’s Office promulgated Mayoral Decree 631, ordering the removal of all signs at the entrances to government establishments saying “Right of Admission Reserved.”

(d)The First National Meeting of Afro-Panamanian Leaders was held in October 2003 to discuss that sector’s political platform, preparation of a bill on equal job opportunities in Panama, and the outline of a National Master Plan for the Sustainable Development of Afro Panamanians.

(e)Law 11 of 27 April 2005 prohibited job discrimination on grounds of race, birth, disability, social class, sex, religion, or political ideas. It also prohibited the publication, dissemination or transmission by any medium of offers of paid employment requiring that only people in a specific age range apply. That law was passed thanks to the efforts of Afro-descendants, seeking to avoid discriminatory employment practices.

(f)Executive Decree No. 124 was issued on 27 May 2005, ordering the establishment of the “ Special Commission for Establishing a Government Policy for Full Inclusion of the Afro-Panamanian Ethnic Group.”

(g)The Ministry of Education promulgated Executive Decree Nº 89 of 8 May 2006, establishing the Commission to organize the cultural activities celebrating Black Ethnic Community Day.

(h)Through Executive Decree No. 116 of 29 May 2007, the Ministry of the Presidency established the National Council of the Black Ethnic Community, as a consultative and advisory body attached to it for promoting and developing mechanisms for the recognition and integration of the black community on an equal footing in view of its standing as an important segment of Panamanian society. There is also a Special Commission, comprising distinguished Afro-Panamanian leaders, as well as representatives of government entities, who drew up a Policy and Plan for the Full Inclusion of the Afro-Panamanian Ethnic Group to guarantee that community equality and equity in Panama’s and Panamanian society’s development processes, as envisaged in the “Declaration and Programme of Action of the Third World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance”, held in Durban and approved by the member states of the United Nations, including Panama. That Plan was by the Special Commission, in a public act, to the Executive on 30 May 2007. A government body was established to execute and monitor government policy for achieving the full inclusion of the Black Ethnic Group, entitled National Secretariat for the Development of Afro-Panamanians (SENADAP), to report directly to the Office of the President of the Republic. That body’s job is to coordinate everything related to the implementation of that Plan.