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CCPR/C/PAN/CO/3 /
April 4, 2008
Original: English
HUMAN RIGHTS COMMITTEE 92nd session
New York, March 17 to April 4, 2008
VERSION
UNEDITED REVIEW OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 40 OF THE COVENANT Concluding observations
Rights PANAMA
Human
1. The Committee considered the third periodic report of Panama (CCPR/C/PAN/3) at its 2520th and 2521 meetings (CCPR/C/SR.2520 and 2521), held on 24 and 25 March 2008, and adopted At its meeting 2535 (CCPR / C / SR. 2535), on April 3, 2008, the following concluding observations.
A.
Introduction 2. The Committee welcomes the third periodic report of Panama, although it notes the long delay in its submission. The report contains detailed information on the law of the State party as well as on its new draft legislation. However, The Committee regrets that it does not provide sufficient information on the implementation of the Covenant in practice. The Committee expresses its appreciation for the written replies to its list of questions and those raised orally with the delegation, which allowed an open and constructive dialogue.
B. Positive aspects
3. The Committee notes with satisfaction the legislative reforms undertaken by the State party, including the adoption of a new penal code calls for the repeal of insult laws and the revision of the Code of Criminal Procedure is proposed, among others, improve security throughout processing.
4. The Committee also welcomes the adoption of the law on domestic violence and the adoption of legislative and administrative measures to prevent stigma and discrimination against people affected by HIV and AIDS.
5. The Committee welcomes the various measures taken in relation to persons with disabilities, including the creation of the National Advisory Council for the Social Integration of Persons with Disabilities (CONADIS) and the Ratification of the Convention on the Rights of Persons with Disabilities.
6. The Committee welcomes the recent adoption of legislation that allows you to request permanent residence to refugees who are in the country for ten years or more.
C. Principal subjects of concern and recommendations
7. The Committee notes the action taken by the authorities to report the Truth Commission, 2002 which reports of violations of the right to life, including disappearances, which occurred between 1968 and 1989. However, concerned that the judicial inquiry in many documented cases is not yet complete, while others have been declared prescribed. (Articles 2 and 6 of the Covenant).
The State party should ensure that all cases of serious human rights violations, including those documented by the Truth Commission, are properly investigated, that those responsible be prosecuted and, where appropriate, punished and that victims or their families receive fair and adequate compensation. The prescription of offenses for serious human rights violations should be suppressed.
8. The Committee notes with concern that according to Article 12 of the Constitution, the State may deny an application for naturalization on grounds of physical or mental disability. (Article 2 of the Covenant).
The State party should amend the Constitution to eliminate the same this discriminatory provision that is contrary to Covenant.
9. The Committee expresses its concern about restrictive abortion laws in the Penal Code, in particular the limitation that is practiced within the first two months of pregnancy when performed as a result of rape, which must be proven in court proceedings. (Article 6 of the Covenant).
The State party should review its legislation so that it effectively to help women avoid unwanted pregnancies and that they do not have to resort to illegal abortions that could endanger their lives.
10. The Committee notes with concern that there continue to be cases of ill treatment of detainees by law enforcement, particularly in prisons but also at the time of arrest by the police, but such conduct is punishable in most cases. (Article 7 of the Covenant).
a) The State party should take immediate and effective measures to end these abuses, monitor, investigate and, where appropriate, prosecute and punish members of security forces committing acts of abuse. In this regard, the State party should provide the Committee with statistics on criminal and disciplinary proceedings initiated by such acts and the results thereof.
b) The State party should step up training human rights law enforcement so that they do not engage in such conduct.
c) The Committee notes with satisfaction the information provided by the State party that it is considering ratifying the Optional Protocol to the Convention against Torture, which foresees the establishment of mechanisms for regular visits to places of detention to prevent torture and other cruel, inhuman or degrading treatment. The Committee trusts that the ratification will take place.
11. Despite ongoing efforts to improve conditions in prisons, including alternatives to prison concerned at the high rates of overcrowding and poor conditions in these centers, including poor health, drinking water shortages and lack of medical care and staff shortages and lack of separation between accused and convicted. (Article 10 of the Covenant).
The State party should take measures to put an end to overcrowding in detention centers and ensure compliance with the requirements of Article 10. In particular, the State party should take steps to fulfill the country, the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.
12. While noting with satisfaction efforts to reduce the backlog of cases and reduced the number of prisoners on remand, the Committee expresses its concern at the continuing high proportion of prisoners in that situation as well as the length of pretrial detention. (Articles 9 to 10 of the Covenant).
The State party should take prompt measures to reduce the number of people in custody and the time of his arrest in this situation, such as greater use of precautionary measures, bail and increased use of electronic bracelets .
13. While noting the State party is aware of problem, the Committee is concerned about delays in resolving appeals of habeas corpus and the small number of public defenders that exists in the country. (Articles 9 and 14 of the Covenant).
The State party should take measures to ensure that these resources are resolved as quickly, so as to ensure their effectiveness and rationale. The State party should also take steps to increase the number of public defenders in the country to ensure the right to defend all citizens, including those who can not afford the services of a lawyer.
14. The Committee notes with concern that Many refugees, particularly those without formal status, living in a precarious situation from the standpoint of economic and legal and, in general, the legislation guarantees all foreigners present in Panama and need protection international, including refugees, stateless persons and other categories, the rights under international law, including refugee law, including the State's obligation not to expose such persons to treatment contrary to Articles 6 and 7 of the Covenant. (Articles 2, 6, 7 and 9 of the Covenant).
The State party should adopt legislation that would allow refugees enjoy of their rights under the Covenant and comply with its obligation not to extradite, deport, expel or otherwise remove a person from their territory, where there is reason to believe there is a real risk of irreparable harm, as envisaged Articles 6 and 7 of the Covenant, either in the country to which to move the person or in any other country to which the person may subsequently be removed.
15. Despite the existence of a constitutional principle of freedom to practice all religions, is concerned that this freedom is limited by respect for Christian morality, which could lead to situations of discrimination against people of other religions and people without religious convictions. (Article 18 of the Covenant).
The State party should ensure the full and equal enjoyment of the right to freedom of thought, conscience and religion enshrined in the Covenant and to avoid any possibility of discrimination in this regard.
16. The Committee expresses its concern at the discrimination that is the subject of women in the workplace, including access to employment and wage differentials, although the rate of female enrollment in higher education exceeds that of men. It is also concerned at reports that, despite legal prohibition, remains the practice of ordering tests pregnancy as a condition for access to employment. (Articles 26 and 3 of the Covenant).
The State party should redouble its efforts to combat discrimination against women in the workplace in order to ensure, inter alia, equality of opportunity in access to employment, equal pay for equal work and the eradication of evidence pregnancy for access to employment. Failure to comply with the prohibition of pregnancy tests should be effectively punished.
17. Despite legal provisions aimed at promoting women's political participation, the Committee deplores the persistence of low rates of participation in this area, both charges popular choice in free appointment. (Articles 3, 25 and 26 of the Covenant).
The State party should meet the objectives set in this respect in the Equal Opportunity Act, and in particular take measures to ensure increased representation of women in the highest levels of the public.
18. The Committee welcomes the existence of a law against domestic violence and the measures taken to ensure its implementation. It is concerned however, the high incidence of this phenomenon, the high number of violent deaths of women who are the same and the impunity of the perpetrators. (Articles 3 and 7 of the Covenant).
State party should redouble its efforts to enforce the law against domestic violence and protect women victims of violence, such as the creation of shelters in sufficient numbers where they can live in dignity, police protection of victims and the investigation and punishment to the aggressors. In this regard, the Committee would welcome statistics on cases brought by these events and the results thereof.
19. The Committee notes the State party's efforts to register all births, yet they regretted that people are still unregistered, especially in rural and indigenous communities. (Articles 16, 24 and 27)
The Committee recommends that the State party strengthen the programmatic and budgetary measures and take into account the good practices of other countries in this regard to ensure the registration of births and other acts of civil registration throughout the national territory including the registration of adults.
20. The Committee notes with concern that despite the constitutional prohibition of child labor of 14 years, including domestic work, and legislative measures to ban the worst forms of child labor persists in the country a high rate of child labor. (Articles 8 and 24).
The State party should take measures urgent action to ensure full implementation of legislation aimed at eradicating child labor, such as the establishment of an effective inspection system. The State party should also ensure full enrollment of all school-age children.
21. The Committee is concerned at the information included in the report of the State party and received
governmental sources on the existence among the general population of racial prejudices against the Indians, and the numerous problems affecting indigenous communities , including serious shortcomings in health services and education, lack of institutional presence in their territories, the absence of a consultative process in order to seek the free, prior and informed consent of communities to the exploitation of natural resources in their territories, abuse, threats and harassment to which community members would been the occasion for protests against the construction of hydroelectric infrastructure or mining or tourism facilities on their territory, and not recognizing the special status of indigenous communities are not within a region. (Articles 1, 26 and 27 of the Covenant).
The State party should:
a) effectively guarantee the right to education of indigenous and that such education conforms to their specific needs;
b) Ensuring access of all indigenous people to adequate health services;
c) Carry out a consultation process with indigenous communities before granting licenses for economic exploitation of the land they live, and ensure that in no case such exploitation jeopardizes the rights recognized in the Covenant;
d) Recognize the rights of indigenous communities that are outside of the regions, including the right to collective use of ancestral lands;
22. The Committee has set March 2012 as the date of submission of fourth periodic report Panama. Ask the third report of the State party and the present concluding observations be published and widely available to the general public and the judicial, legislative and administrative. It should distribute copies of these documents in universities, public libraries, the Library of Parliament and other relevant places. Also requests that the third periodic report and these concluding observations be made available to civil society and nongovernmental organizations operating in the country. It would be desirable to distribute a summary of the report and concluding observations of indigenous communities in their languages.
23. In accordance with paragraph 5 of Article 71 of the rules of procedure, the State party should submit within one year information on the follow up to the Committee's recommendations in paragraphs 11, 14 and 18 above. The Committee requests the State party include in its next periodic report information on its remaining recommendations and on the implementation of the Covenant as a whole.
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