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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