Committee on the Elimination of Racial Discrimination

List of issues prior to the submission of the combined twenty‑first to twenty-third periodic reports of Panama *

General information

1.Please provide information on any significant changes of a legislative, institutional or policy nature that have taken place in the State party since the previous review and have contributed to the promotion and protection of human rights, particularly the rights covered by the Convention. Describe how the Committee’s previous concluding observations were taken into account in the introduction of these changes and indicate whether civil society organizations were involved in the process.

2.Please provide updated information, including disaggregated statistics, on the ethnic composition of the population of Panama, in particular information on Indigenous Peoples, people of African descent, persons with albinism and non-citizens such as migrants, asylum-seekers, refugees and stateless persons, taking into account the Committee’s general recommendations No. 8 (1990) and No. 24 (1999) and paragraphs 10 and 12 of its revised guidelines for reporting. Indicate the measures adopted to incorporate and apply the self-identification criterion in the XII national population census and VIII housing census, conducted in 2023, and the steps taken to inform the general public and census-takers about this criterion and prevent underregistration. Please also provide information about measures taken or planned for the purpose of compiling statistics based on self-identification and systematically incorporating the ethno-racial variable in data collection and in the administrative records of public institutions and subnational governments.

3.Please provide recent statistics, disaggregated by sex, age, ethnic or national origin and other variables, on the socioeconomic situation of Indigenous Peoples, people of African descent and non-citizens such as migrants, asylum-seekers, refugees and stateless persons and on the extent to which their rights under article 5 of the Convention are effectively realized.

4.Provide information on the action plans and other measures adopted to implement the Durban Declaration and Programme of Action across the country and on the programme of activities organized nationally to mark the International Decade for People of African Descent.

Article 1

5.In the light of articles 4 and 17 of the Constitution and the ruling delivered by the plenary bench of the Supreme Court on 21 August 2008, please provide updated information on the implementation of the Convention in the national legal system. Please indicate, with reference to recent examples, whether the Convention has been directly invoked before national courts and, if so, what the outcome of such cases has been. Also include information on measures taken to raise awareness of the Convention among judges, lawyers, prosecutors and other law enforcement officials and make the general public aware of the rights and protections afforded to individuals thereunder.

6.With reference to the Committee’s previous concluding observations, provide information on steps taken or envisaged to enact comprehensive anti-discrimination legislation that expressly prohibits racial discrimination, in accordance with article 1 (1) of the Convention, and covers both direct and indirect forms of discrimination in all areas of life. Please specify whether the legal system of Panama permits or provides for differential treatment based on citizenship or migration status, and, if it does, whether this differential treatment is compatible with article 1 (2) and (3) of the Convention.

Article 2

7.Provide information on any significant changes made since the last review to the legal, institutional and public policy framework for eliminating racial discrimination, including de facto discrimination by individuals, groups or organizations, and giving effect to the provisions of article 2 of the Convention and describe how the Committee’s previous concluding observations were taken into account in implementing these changes. In particular, please provide information on the National Anti-Discrimination Commission created by Act No. 16 of 2002 and established in 2022, specifically, information about its mandate, composition and independence and the human and financial resources allocated to ensure its effective functioning.

8.Please provide information on the measures taken to bring the Office of the Ombudsman into full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), in particular the reforms undertaken to ensure its financial autonomy and guarantee its independence, including the procedure for appointing its members. Please indicate whether the National Anti-Discrimination Commission and the Office of the Ombudsman can receive and consider complaints from individuals alleging racial discrimination based on the grounds set out in article 1 of the Convention, what assistance these institutions provide to victims, and whether they have the power to act ex officio in such cases. Also provide details of the measures taken to avoid overlap in the competencies of the Office of the Ombudsman and the National Anti-Discrimination Commission.

9.Provide information on measures taken to adopt legislation and other provisions to prevent and prohibit excessive use of force and racial profiling by the security forces, particularly against people of African descent. Please include information on the complaint mechanisms and safeguards in place to ensure that all victims have access to adequate redress. Additionally, please provide statistical data disaggregated by sex, age and ethnic or national origin on complaints filed, prosecutions brought, penalties imposed and reparations granted to victims.

Article 3

10.Please describe the measures taken to prevent, prohibit and eliminate the segregation of persons and groups protected under the Convention, including ethnic minorities and non-citizens such as migrants, refugees and asylum-seekers, in all areas of social and public life.

Article 4

11.Please provide information on legislative, judicial, administrative and other measures adopted to give full effect to the provisions of article 4 of the Convention, particularly measures taken to:

(a)Make the dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination a criminal offence;

(b)Make all acts of violence targeting any group of persons on the grounds of race, colour, descent or national or ethnic origin, or any incitement to commit such acts, subject to criminal penalties;

(c)Make providing support for racist activities, including financial support, a criminal offence;

(d)Make participation in organizations, organized propaganda activities and any other form of propaganda activity that incites racial discrimination punishable by law;

(e)Prohibit public authorities and public institutions, whether national or local, from promoting or inciting racial discrimination either directly or indirectly.

12.Please indicate whether racist motivation is considered an aggravating circumstance under national criminal law and whether the law enforcement and judicial authorities refer to it as such in investigations and prosecutions.

13.Please provide information on the mechanisms the State party has put in place to combat incitement to racial hatred in the communications media, including on the Internet, and on the results achieved by implementing these mechanisms, if any.

14.Please provide information on the measures taken to facilitate the submission of complaints relating to cases of racial discrimination under article 4 of the Convention as well as examples, if any, of decisions taken by the national courts in such cases. Please also provide statistical data, disaggregated by sex, age and ethnic or national origin, on complaints filed with the national police, the Equal Opportunities Commission and the Office of the Ombudsman. Include information on prosecutions brought and penalties imposed for acts of racial discrimination, particularly those prohibited under article 4 of the Convention, and on the reparations granted to the victims of such acts.

Article 5

15.Please provide information on the enjoyment of the rights set forth in article 5 of the Convention by persons belonging to ethnic and ethno-linguistic minorities, including people of African descent, Indigenous Peoples, persons with albinism and non-citizens, including migrants, refugees, asylum-seekers and stateless persons, particularly their enjoyment of economic, social and cultural rights, including access to social services, healthcare and education.

16.With reference to the Committee’s previous concluding observations, please provide information on the mechanisms and procedures established to guarantee the rights of Indigenous Peoples to their lands, territories and natural resources. In particular, please indicate:

(a)The measures taken to ensure that forced removals are prohibited throughout the country and that Indigenous Peoples are duly consulted in decision-making processes that may affect their livelihoods, particularly decision-making processes related to tourism projects and the exploitation of natural resources in their traditional territories;

(b)The steps taken to manage the situation of the Ngabe Indigenous People affected by the Changuinola I hydroelectric plant, in accordance with the Committee’s early warning and urgent action procedure, including detailed information on the cooperation agreement concluded between the electricity generation company AES and the Ministry of Social Development with a view to formulating a development plan for the affected Ngabe communities, and also on the Colmena Plan, intended to improve the services provided by the State;

(c)The action taken to implement Act No. 72, on the adjudication of collective ownership of Indigenous Peoples’ lands, and move forward with the demarcation and titling of Indigenous territories, particularly those outside recognized Indigenous regions (comarcas);

(d)Whether the State party has considered ratifying the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169).

17.Please provide information on the use of states of exception in regions inhabited by Indigenous Peoples, particularly in response to protests organized in defence of their rights, and on the safeguards in place to ensure that recourse to states of exception is in full compliance with international norms and standards. This information should include details of:

(a)Measures taken to guarantee the exercise of the right to freedom of association and peaceful assembly and to prevent, investigate and punish excessive use of force by law enforcement officers;

(b)Actions taken to protect human rights defenders and Indigenous leaders who organize or participate in peaceful demonstrations in defence of their rights, including actions carried out during the social protests that broke out in May 2025 in the Ngabe-Buglé region, in Emberá-Wounaan communities and in the province of Bocas del Toro;

(c)Measures adopted to guarantee protection from threats and attacks for human rights defenders, including journalists, and comprehensive reparations for victims, including measures taken in connection with the demonstration in the province of Bocas del Toro on 8 July 2010, which resulted in the death of two persons and numerous injuries, and the demonstrations in Colón in 2012, which resulted in the death of several persons, including a 9-year-old boy;

(d)Measures adopted to implement the agreements resulting from the high-level round table of national Government representatives and Indigenous Peoples convened in July 2022 and existing forums for dialogue with Indigenous Peoples.

18.Please provide information on measures taken to recognize and protect the ancestral territorial rights of Afrodescendent communities, given the absence of a legal framework that guarantees collective title and security over their lands, including measures adopted in respect of the communities living on Casaya, Casayeta and Bolaño islands. Include information on action taken to prevent forced evictions and displacements and safeguard the cultural heritage and traditional way of life of these communities, including information on action taken to protect the population of Casco Antiguo, the historic district of Panama City. Please also describe the policies adopted to reduce the marginalization and poverty that disproportionately affects the Afrodescendent population.

19.With regard to migrants, asylum-seekers and refugees, please provide information on:

(a)Migrant holding centres, measures taken to prevent the prolonged deprivation of liberty of persons in an irregular migration situation and guarantee their access to basic services and adequate legal representation, and action taken to decriminalize irregular border crossings;

(b)Measures taken to protect persons in the aforementioned situations against all forms of racial discrimination, xenophobia, hate speech and incitement to racist violence, including through the media and particularly on social networks;

(c)The establishment of robust, independent specialized public institutions with a mandate to prevent and combat xenophobia, racism and other forms of intersectional discrimination against migrants and the capacity to generate data, receive complaints, conduct awareness-raising and intercultural integration campaigns, and train other entities to prevent these practices;

(d)Measures taken to promote the prompt issuance of documents to migrants, asylum-seekers and refugees;

(e)Steps taken to prevent and combat the racial profiling of these groups in migration procedures, including admission and expulsion decisions and especially in the framework of border control and security policies;

(f)Measures adopted to protect migrants in transit who are victims of crime, including migrant women, and ensure that these migrants and their families have effective access to justice.

20.Please provide information on specific measures taken to protect Afrodescendent and Indigenous women from the intersectional discrimination and gender-based violence that persist in certain areas. Include information on actions taken to ensure effective access to justice and adequate health services for women in vulnerable situations and make it easier for them to file complaints, to prevent reprisals and to protect whistle-blowers. Please also provide details of the measures adopted to remove the structural barriers that limit access to education, employment and political participation for these women, and action taken to address the underlying causes of the high rate of teenage pregnancy in Indigenous regions, including the absence of adequate sexual and reproductive education and lack of interculturally relevant health services.

Article 6

21.Please provide information on legislative, judicial, administrative and other measures adopted to give effect to article 6 of the Convention. In particular, provide information on the practices and decisions of courts and other judicial and administrative bodies in cases involving acts of racial discrimination, as defined under article 1 of the Convention. Please indicate what steps have been taken to inform the public about the various remedies available against acts of racial discrimination, to encourage the filing of complaints, to prevent acts of reprisals and to provide protection for complainants against such acts.

22.Please provide information on specific actions taken to improve access to justice for Indigenous Peoples and people of African descent and ensure access on an equal footing with others. Additionally, please describe the measures taken to guarantee effective coordination between the ordinary justice system and the Indigenous justice system while respecting the autonomy, customs and legal systems of the Peoples.

23.Provide information on the forms of redress in cases of racial discrimination that are considered adequate and appropriate under national law, citing individual cases. Also provide information on the burden of proof applicable in civil proceedings involving racial discrimination.

Article 7

24.Please provide information on legislative and administrative measures taken to combat prejudices that give rise to racial discrimination, including general information on the education system. Please also provide information on the human rights education provided in schools in application of Act No. 2 of 1984, including education on the principles enshrined in the Convention. Also give details of the measures adopted to ensure that lessons on the history, culture and traditions of the different ethnic groups and Indigenous Peoples are included in school curricula.

25.Please provide information on the measures taken to provide law enforcement officers with comprehensive training in the field of human rights, including racial discrimination, and, where appropriate, describe the impact of such training. Please also detail the training on the prevention and elimination of racial profiling that is provided to law enforcement officers.