A/HRC/16/2 436. With reference to the death of five minors held in the Tocumen reclusion centre, the President of Panama had stated that this was a criminal act contrary to the Government’s penitentiary policy. The Attorney General had charged nine police officers and three civilians. Panama had also taken measures to restructure the penitentiary system as a whole. The judiciary had begun the implementation of a programme to address the case load. As a result, 17,399 cases had been solved, while 85,034 cases were still pending. Moreover, in 2011, the new procedural system would progressively come into force. 437. Panama had adopted legislation recognizing the right to land of indigenous peoples and the conducting of consultations. The Government was also trying to build a positive environment to promote dialogue with indigenous communities on the code of mineral resources and the development of mining activities in Panama. 438. With regard to issues relating to migrants and refugees, Panama was committed to guarantee the security and effective protection to all persons entering its territory looking for protection or asylum, particularly the protection against refoulement on borders, and no penalties for illegal or irregular entry. 439. Panama could not accept a recommendation on the right to peaceful assembly. On the other hand, Panama recognized freedom of association for civil society, and unions in particular. The Government was studying the possibility of amending the Labour Code, in consultation with employers and unions, in order to reduce the minimum number of workers required to establish a union. 440. In conclusion, the delegation announced that the Government, with the support of the OHCHR regional office, was drafting an executive decree to establish a permanent inter-agency commission to follow up the implementation of the international obligations and commitments of Panama in the area of human rights. Furthermore, the Government had already adopted a decision to extend an open invitation to the special procedures, an invitation that was to be sent in the near future. 441. The delegation reiterated the Government’s commitment to the promotion and protection of human rights. 2. Views expressed by Member and observer States of the Human Rights Council on the review outcome 442. Algeria noted with appreciation Panama’s views on recommendations, its voluntary pledges and replies, its commitment to the universal periodic review and the broad involvement of civil society in the preparatory process. It commended Panama for its vision of universality, indivisibility and interdependence of human rights, and for its promotion and protection of human rights on an equal and non-discriminatory basis. It noted that Algeria had made five recommendations, which enjoyed Panama’s support, or were regarded as having been implemented or in the process of implementation. It encouraged Panama to pay due attention to its voluntary pledges and commitments, particularly those regarding international law and the outcome of the universal periodic review. 443. The United States of America welcomed Panama’s support for many recommendations and its agreement to take measures to improve prison conditions in accordance with international human rights law. It sought information about the bill on prison overcrowding. It commended Panama’s support for recommendations to undertake a consultative process with labour and civil society leaders to review legislation to ensure the protection of the human rights of workers, including freedom of assembly. It also commended the implementation of recommendations to effectively investigate the excessive use of force during the July 2010 national strike in Changuinola, and enquired about concrete steps in this regard. It commended Panama’s intention to strengthen respect for women’s rights, including adequate funding for the Women’s National Institute and GE.11-17059 165

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