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Introduction
1.
The Committee on Economic, Social and Cultural Rights, established by the
Economic and Social Council to monitor the implementation by States parties of
the International Covenant on Economic, Social and Cultural Rights, considered
reports submitted by Panama (E/1984/6/Add.19, E/1988/5/Add.9, E/1986/4/Add.22
and E/1989/5/Add.5) at its sixth session, in 1991.
2.
The Committee expressed appreciation for the reports, noting that they
had been submitted against the background of the extraordinary circumstances
in the country resulting from political turmoil and the aftermath of the
invasion by the United States of America in 1989 - a situation that had
created great disorder in all sectors throughout the country with serious
consequences for the enjoyment of economic, social and cultural rights. At
the same time the Committee expressed concern that a number of questions
relating to housing rights and evictions had not been satisfactorily answered
by the State party representative. The Committee’s concerns in this regard
related in particular to the following:
The Government’s claim that 3,000 persons had been affected by the
bombing of El Chorillo differed substantially from the number reported
by other sources, which placed the figure at between 12,500 and
20,000 persons. This disparity was of serious concern to the Committee
in view of the Government’s obligations under the Covenant.
The responses given by the State party to questions concerning the living
conditions of residents of El Chorillo made homeless by the bombing
differed substantially from other information available to the Committee.
That information included many complaints by residents who had received
alternative accommodation to the effect that they had to travel long
distances to and from their places of employment on relatively expensive
public transportation and that the overall quality of the housing at the
resettlement sites was poor. Moreover, two years after the invasion, a
large number of persons had yet to be rehoused.
The justification provided by the Government for the forcible removal of
over 5,000 persons from their homes by the Panamanian and United States
forces in Tocumen, San Miguelito and Panama Viejo in early 1990 was
unacceptable under the terms of the Covenant. The Committee was
concerned in particular that a large number of houses had been demolished
and that the evictions had not been accompanied by legal eviction orders,
which not only infringed upon the right to adequate housing but also on
the inhabitants’ rights to privacy and security of the home.
3.
At its seventh session, in 1992, the Committee considered additional
information (E/1989/5/Add.8) submitted by the Government of Panama subsequent
to the consideration by the Committee of the reports of Panama at its sixth
session, in 1991.
4.
The Committee expressed appreciation to the Government of Panama for
having responded quickly and thoroughly to its request for additional
information. It indicated, however, that that information referred to legal
norms rather than to their practical application. In particular, with regard
to the right to adequate housing, the Committee was of the opinion that the