Panama - Universal Periodic Review

UPR 36, November 3, 2020
Recommendations by Canada

Recommendations:

Thank you, Madam President.

Canada welcomes the positive steps taken by Panama to implement recommendations made in previous cycles of this process.

Canada recommends that Panama:

1. Take stronger measures to prevent sexual and gender-based violence, and to improve its domestic protocols to provide adequate support to the victims.
2. Adopt legislation and commit resources to ensure the full independence of the judiciary and the exercise of the legal profession in conformity with international standards.
3. Take further measures to increase women’s participation in decision-making, especially in the response to the COVID-19 pandemic, giving priority to the needs of people in situation of vulnerability.
4. Take further measures to prohibit discrimination based on gender, gender identity or sexual orientation in all aspects of social life.
5. Take measures to ensure the effective and independent functioning of all governance oversight entities such as the national Ombudsperson for Human Rights, the Transparency and Access to Information Authority (ANTAI) and the Attorney General.

Canada applauds the adoption of Law 56 (2017), which establishes a minimum of 30% participation of women in state boards of directors by 2020 and encourages Panama to continue working towards reaching its objective.

Background

Panama’s constitution contains protections for human rights consistent with international standards. It has ratified most the UN core human rights Treaties. However, their implementation is at times suboptimal and human rights NGOs have highlighted a gradual erosion of constitutional rights. According to the Latinobarometro, mounting income inequality and loss of public trust in the government and the judicial system are causing growing concerns with democratic governance in Panama.

While Panama has been actively promoting gender equality through the creation of various laws and policies, effective implementation and enforcement remain a challenge. In 2018, Panama ranked 67 out of 189 countries in the Human Development Index. However, that same year Panama ranked 108 out of 162 countries on the Gender Inequality Index, reflecting poor progress in women’s reproductive health, empowerment and participation in the economy. Violence against women and girls remains a serious problem. Even with significant underreporting, domestic violence is the second most reported crime in the country.

No new legislation to prohibit discrimination based on sexual orientation has been implemented since Panama’s last UPR, despite several recommendations issued to that effect. Human rights organizations report ongoing discrimination of LGBTI persons. In addition to specific legislation, a comprehensive public awareness and education effort on the universal human rights of LGBTI persons is needed.

A major challenge is the lack of progress in establishing a professionalized and independent judicial system, as well as ensuring the independent functioning of democratic oversight bodies such as the Ombudsperson, the Transparency Authority and Attorney General. Other challenges include weak institutions and corruption paired with perceived impunity for the wealthy, leading to increasing calls from civil society to strengthen Panama´s democracy through constitutional reforms.