A/HRC/27/52/Add.1
issues, such as the administration of justice, traditional governance, institution-building in
the territories and for the authorities, and food security). A panel made up of indigenous
representatives appointed by their peoples and government representatives has been
established to draw up the plan. The Government has expressed the hope that an executive
decree can be issued that will convert the plan into a policy of State. The Special
Rapporteur considers that this would be a key achievement, provided that the plan is truly
based on the aspirations of indigenous peoples and that sufficient funds are allocated for its
implementation.
23.
Following the Special Rapporteur’s visit, the Government announced that it would
establish an office for indigenous affairs at the deputy ministerial level in order to address
the problems of the country’s indigenous peoples. The Special Rapporteur considers this to
be a positive step, provided that this office is given a large enough budget and that
indigenous peoples are given a role in its work.
24.
Panama is a party to major international treaties such as the International Covenant
on Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights and the International Convention on the Elimination of All Forms of Racial
Discrimination. At the regional level, Panama has ratified the American Convention on
Human Rights and has recognized the competence of the Inter-American Court of Human
Rights. The Government also voted in favour of the adoption of the United Nations
Declaration on the Rights of Indigenous Peoples in 2007.
25.
One of the concerns brought to the Special Rapporteur’s attention in many parts of
the country has to do with the fact that Panama has not yet ratified the International Labour
Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (no. 169). The
Government has taken some decisive steps towards ratification, including the establishment
of an inter-institutional working group on ILO Convention no. 169 in 2010. The working
group, composed of a number of different government agencies, prepared a report in which
it analysed the historical, social, legal and political reasons why Panama should ratify ILO
Convention no. 169 and stated that it had not found any disadvantages associated with its
ratification.30 Accordingly, the Government informed the Human Rights Council that, in
response to recommendations made at the universal periodic review regarding the
ratification of that convention, the working group had concluded its work and advocated
ratification (A/HRC/16/2, para. 431).
26.
However, the Government has since notified the Ombudsman’s Office that it will
not ratify ILO Convention No. 169 for constitutional, economic, political, administrative,
social, legal and environmental reasons,31 and it restated this position to the Special
Rapporteur during his visit. Having considered the Government’s position in the light of the
relevant background information, particularly the working group’s analysis of the
Convention, the Special Rapporteur is of the view that the Government’s refusal has no
solid legal basis and that Panama should proceed with ratification.
30
31
8
Letter from the Ministry of Labour, the Indigenous Affairs Committee of the National Assembly, the
Ministry of Foreign Affairs, the Ombudsman’s Office, the National Coordinating Committee of
Indigenous Peoples and the National Directorate for Indigenous Policy to Roxana Méndez, Minister
of the Interior (28 October 2010).
See, for example, the letter from Fernando Núñez-Fábriga, Minister of the Interior, to Patria Portugal,
Ombudsperson, A.J. No. 1495 (3 June 2013).
GE.14-07234