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Article 2 of the Convention. Development of coordinated programmes. The Committee notes the extensive information supplied by the Government regarding the numerous programmes undertaken in the areas of health, education, vocational training and support for indigenous business development with a view to improving the social, economic and cultural situation of indigenous peoples. The Committee notes in particular that, according to the progress report on the “Network of Opportunities” programme, the population of the indigenous areas has received 48.3 per cent of investment since the start of the programme. The Committee notes that this programme includes plans to give monetary support to women heads of household in connection with the use of health and education services, strengthening the provision of such services and building infrastructure, such as aqueducts, sanitary installations, access paths and roads in areas affected by extreme poverty. It also notes that Programme PN-T1032 supporting indigenous business development (PRODEI) benefited eight indigenous enterprises which were identified and given priority by the indigenous communities and their traditional authorities by means of various consultation processes and a validation workshop. The Committee requests the Government to continue to supply information on the programmes aimed at improving the social and economic situation of the indigenous peoples and the impact thereof, including information on the steps taken to consult the indigenous peoples concerned. The Committee also requests the Government to supply information on the evaluation of the activities of the National Council for Indigenous Development (CNDI).

With regard to its previous request concerning the “Project for the sustainable development of the Ngöbe-Buglé comarca (indigenous region) and adjacent poor rural areas”, the Committee notes that the project has a steering committee (CDP) composed of four representatives of the comarca and four state representatives, which meets 12 times per year to decide on future actions. It also notes that these actions are implemented by the project management unit (UGP), which conducts meetings with the indigenous leadership (caciques and congress executive committees) for information, coordination and planning. It notes in particular that the project has a “human and social resources development component” (CODERHS) with which it has funded scholarships for 1,327 students at primary, pre-intermediate, intermediate and university levels. It also notes that the project comprises the National programme for school nutrition and the Programme for sexual and reproductive health, in the context of which doctors in the comarca are informed of indigenous customs and traditions. The Committee requests the Government to continue to supply information on the implementation of the “Project for the sustainable development of the Ngöbe-Buglé comarca and adjacent poor rural areas” and the impact thereof on the socio-economic and cultural situation of the peoples concerned. The Committee also requests the Government to supply information on the measures taken in the context of the “Strategic plan for the development of the Ngöbe-Buglé comarca” and on the manner in which the indigenous peoples concerned participated in the formulation of this plan.

The Committee notes the indication in the Government’s report that the Social Investment Fund (FIS) carries out activities to support indigenous communities in the comarcas of Emberá, Kuna-Yala and Ngöbe-Buglé. The Committee requests the Government to supply information on the activities carries out by the FIS in the abovementioned comarcas. It also requests the Government to indicate the extent to which the collaboration of the indigenous peoples concerned is sought in the design of such activities, and opportunities are offered to them for the full development of their initiatives, in accordance with Article 5 of the Convention.

With reference to its previous comments concerning the existence of a legal void in the enforcement of the legal provisions acknowledging the right of the Emberá-Wounaan comarca to have its own budget, the Committee notes the Government’s indication that the legislation does not make provision for a competent authority responsible for the administration of the annual budget. The Committee requests the Government to clarify the manner in which the comarca is able to administer its annual budget in practice.

In view of the lack of information concerning the National indigenous development plan, the Committee requests the Government to provide information regarding progress made on the establishment of the plan, including the steps taken to provide the indigenous communities with the necessary technical assistance.

Article 5. Consultation. The Committee notes the information supplied by the Government concerning the provisions of the General Environment Act of 1988, which provides for the setting-up of environmental advisory committees at the provincial, comarca and district levels. The Committee requests the Government to supply information on the activities of the committees and the extent to which the committees enable the various indigenous communities to participate in the planning of their development.

Noting that the Government’s report does not contain any information on the other matters raised by the Committee with regard to consultation, the Committee again requests the Government to supply information on the following:

(i)    the measures adopted or contemplated to prevent the differences between regional legislation giving rise to imbalances in the rights and development of the various communities;

(ii)   the manner in which it is ensured that preliminary environmental impact studies are carried out with respect to any exploration or exploitation in indigenous areas in comarcas other than those of Kuna de Madungandí and Emberá Darién;

(iii) with regard to Act No. 15 of 7 February 2001, the measures taken to enable consultations to be held with the communities concerned in cases of exploitation even where the area in question is not entirely located within the same comarca; and

(iv)  any progress made on the Tabasará II case concerning the construction of two hydroelectric dams across the River Tabasará.

Article 6. Conditions of life and work. In its previous comments the Committee noted with concern the deplorable conditions of life and work of Ngöbe and Buglé boys and girls who work in sugarcane and coffee plantations in the provinces of Coclé and Veraguas. The Committee notes the information supplied by the Government on the measures adopted jointly by the Ministry of Labour and Labour Development (MITRADEL) and the Ministry of Social Development in the context of the Technical Committee for the Elimination of Child Labour and Protection of Young Workers (CETIPPAT). The Committee requests the Government to continue to supply information on the activities of the CETIPPAT and to indicate their impact with regard to improving the conditions of life and work of the peoples concerned.

The Committee notes the cooperation established between the authorities of Panama and Costa Rica with a view to eliminating child labour affecting emigrant indigenous boys and girls. It also notes with interest the agreement of 14 May 2009 between Panama and Cost Rica on the management of migration flows for the purposes of employment between Costa Rica and Panama for Ngöbe-Buglé indigenous workers and their families. It further notes that section 57 of Legislative Decree No. 3 of 2008, establishing the national migration service, its career structures and other provisions, provides that the State has the obligation to preserve and facilitate the “innocent passage” of Panamanian indigenous peoples to and from Panamanian jurisdiction and also to protect them from threats arising from illegal activities, such as the trafficking of persons, trafficking of drugs, terrorism and trafficking of weapons. The Committee requests the Government to supply information on the application of the abovementioned instruments.

The Committee refers to its previous comments concerning the difficulties faced by indigenous peoples with regard to obtaining credit. The Committee again requests the Government to supply information on the measures taken or contemplated to facilitate the granting of credit to members of these peoples.

Articles 7 and 8. Customary laws and methods of control. The Committee requests the Government to send copies of any court decisions which take into consideration the application of customary laws or methods of social control practised by indigenous communities.

Articles 11 to 14. Land rights. With reference to its previous comments concerning the dispute between indigenous communities and settlers who were systematically invading their lands, the Committee notes that the High-Level Commission was set up to tackle the problem by means of Executive Decree No. 287 of 11 July 2008. It also notes that Executive Decree No. 247 of 4 June 2008 authorizes the appointment of the corregidor comarcal (government‑appointed mediator) for the comarca of Kuna de Madungandí to resolve the disputes which have arisen in the comarca. It also notes that the National Directorate for Agrarian Reform of the Ministry of Agricultural Development (MIDA) is handling a number of cases of agrarian disputes which are in the process of being resolved. The Committee requests the Government to supply detailed information on the initiatives launched by the High-Level Commission to resolve the disputes between indigenous communities and settlers. It also requests the Government to supply information on the cases handled by the corregidor comarcal of the comarca of Kuna de Madungandí, on the cases handled by the MIDA and on any decisions reached.

The Committee notes from the Government’s report that, in the context of the National Land Administration Programme (PRONAT), forums for dialogue were set up in the Bri-bri, Naso, Ngöbe and Kuna territories to settle disputes between indigenous and adjoining lands. It also notes that action was taken with a view to delimiting the Naso and Bri‑bri indigenous territory and a preliminary draft act was drawn up with regard to the creation of the comarca of Naso Tjerdi. The Committee requests the Government to continue to supply information regarding PRONAT and its impact on strengthening the rights of indigenous communities over their traditional lands. Noting that the Government’s report does not contain any information on the other matters raised by the Committee with regard to land rights, the Committee requests the Government to supply detailed information in its next report in relation to points 22, 23, 24, 26 and 27 of its previous direct request.

Articles 16 and 17. Vocational training. The Committee notes the information contained in the report of the National Institute of Vocational Training for Human Development (INADEH) concerning training programmes for indigenous communities. The Committee notes with interest that INADEH has in some cases borne the costs of food and transport for indigenous participants in order to ensure their participation in the training programmes. It also notes the intention to formalize the presence of INADEH in the comarca of Ngöbe-Buglé. The Committee requests the Government to continue to supply information on the application of Articles 16 and 17 of the Convention.

Article 18. Handicrafts and rural industries. The Committee notes the detailed information supplied by the Government regarding the special intellectual property regime relating to the collective rights of indigenous peoples. The Committee requests the Government to continue to supply information on the awareness-raising and dissemination activities undertaken by the General Office of the Registry of Industrial Property (DIGERPI). It also requests the Government to supply information on the implementation of the relevant parts of the Project for the development and promotion of intellectual property.

Articles 19 and 20. Social security and health. The Committee notes the Government’s indication that notifications were sent to indigenous institutions and congresses regarding the formation and establishment of the National Commission for Indigenous Traditional Medicine and the Technical Secretariat for Indigenous Traditional Medicine, but without any result. The Committee requests the Government to take the necessary measures, including dissemination and awareness raising, to address the obstacles to the formation and establishment of the abovementioned bodies.

With reference to its previous comments concerning the difficulties faced by indigenous communities in gaining access to health services, the Committee notes the various programmes for strengthening the provision of health services in indigenous areas. It notes in particular that the Health plan for the indigenous peoples of Panama envisages the restructuring of the network for the provision of health services so as to convert health posts and sub-centres, which offer a primary level of health care, into health centres with doctors, nurses and adequate supplies and equipment. The Committee requests the Government to supply information on the implementation of the abovementioned plan and to continue to supply information on the measures taken as part of the other programmes mentioned in its report and the impact thereof.

Articles 21 to 24. Education. The Committee notes with interest Executive Decree No. 274 of 31 August 2007 establishing the National Directorate for Bilingual Intercultural Education, which, according to section 2, has the objective of ensuring the effective participation of indigenous peoples in the process for institutionalizing bilingual intercultural education and has the mandate to create mechanisms through which this participation can take place. It also notes the National plan for bilingual intercultural education and the Plan for the indigenous peoples of Panama, funded by the World Bank and drawn up, according to the Government’s report, on the basis of recommendations and agreements resulting from consultations with representatives of the peoples concerned. The Committee requests the Government to provide information on the establishment of mechanisms for the participation of indigenous peoples in accordance with sections 2 and 3 of Executive Decree No. 274. It also requests the Government to supply information on the implementation of the National plan for bilingual intercultural education and the Plan for the indigenous peoples of Panama, including information on the extent to which indigenous peoples are consulted with regard to devising appropriate curricula and teaching materials. The Committee also requests the Government to continue to supply information on the programmes implemented to ensure that members of indigenous communities have the possibility of acquiring education at all levels on an equal footing with the rest of the national community.

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Chan 75 hydroelectric project. The Committee notes that, according to the observations on the situation of the Charco la Pava community presented to the Human Rights Council by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (A/HRC/12/34/Add.5, 7 September 2009), in January 2008, construction work began on the Chan 75 hydroelectric dam in the district of Changuinola (Bocas del Toro). It noted that this project would entail the flooding of the lands of various communities of the Ngöbe indigenous people, including Charco la Pava, Valle del Rey, Guayabal and Changuinola Arriba, with a population of approximately 1,000 persons, and that another 4,000 indigenous persons would also be affected. It also notes that, according to the Special Rapporteur (ibid.), the start of the construction work was accompanied by protests by members of the communities and these protests were suppressed by the national police. It further notes the allegations in the report concerning the permanent presence of officers of the national police who have been assigned the task of ensuring the further progress of the work.

The Committee understands that the communities affected were not consulted in relation to the decision to implement the hydroelectric project. The Committee also notes that the current situation arose from the failure to recognize the rights of the abovementioned indigenous communities relating to their traditional lands and the consequent consideration of those lands as state land. The Committee further notes the precautionary measures adopted by the Inter-American Commission on Human Rights in June 2009, requesting the State of Panama to suspend the construction work in order to avoid irreparable damage to the ownership rights of the Ngöbe indigenous people.

The Committee notes the information supplied by the Government to the effect that on 10 August 2009 a high-level round table was established to conduct a dialogue on the issues affecting the indigenous communities as a consequence of the construction of the Chan 75 hydroelectric dam. The Committee notes that the round table comprised the Deputy Minister for Governance and Justice, the Minister for External Relations, the Minister for Social Development, the Administrator-General of the National Environment Authority, the Governor of Bocas del Toro province, the mayor of the district of Changuinola, the National Assembly deputy for the area, two representatives of each of the communities affected by the project with their legal adviser, and two representatives of the company responsible for the project (AES) with their legal advisor.

The Committee recalls that under the terms of Article 11 of the Convention, governments have the obligation to recognize the right of ownership of indigenous populations over the lands traditionally occupied by them. The Committee also wishes to emphasize that consideration must be given, in defining the rights of these populations, to their customary laws in accordance with Article 7. Furthermore, the Committee draws the Government’s attention to Article 5, which states that, in applying the provisions of the Convention, governments must seek the collaboration of the indigenous populations and their representatives with regard to the formulation and implementation of the relevant measures.

The Committee notes that in his statement of 25 November 2009, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people expressed his “extreme concern about the forced eviction and the destruction of their housing suffered on 20 November 2009 by the Naso communities of San San and San San Druy, in Changuinola, Bocas del Toro province”. According to the statement, “about 150 riot policemen evacuated with tear gas bombs more than 200 indigenous Naso living in the communities of San San and San San Druy. After they were taken out of the area, employees of the Ganadera Bocas company entered the area with machinery and proceeded to demolish indigenous people houses” (UN Press Release, 25 November 2009).

The Committee expresses its serious concern in the face of these events and recalls that, according to the principle set out in Article 12 of the Convention, the groups affected cannot be removed from their territories without their free consent, subject to certain specific exceptions.

The Committee urges the Government to take all necessary steps, in collaboration with the representatives of the indigenous communities affected by the Chan 75 project, to recognize the rights of these communities over the lands traditionally occupied by them. It urges the Government to seek agreed solutions between all the parties concerned to remedy the current situation and provide information on all progress achieved in this respect, including information on any agreements reached by the abovementioned round table for dialogue. The Committee asks the Government to ensure that measures are adopted to protect the institutions, persons, property and labour of the communities affected until a solution of the issue is reached.

Land rights. The Committee notes the draft Act No. 411 of 2008, which establishes a special procedure for awarding collective ownership of lands of indigenous peoples and prescribes other provisions. It notes that this draft Act is before the Committee for Indigenous Affairs of the National Assembly of Deputies. The Committee understands that the draft Act will encompass draft Act No. 17 concerning the rights of the Emberá and Wounaan peoples and will enable examination of the issue of the recognition of the Bri-bri territory and the creation of the comarca (indigenous region) of Pueblo Naso. The Committee requests the Government to send a copy of draft Act No. 411 of 2008 and indicate to what extent the indigenous peoples were consulted with regard to the preparation of this legislative text. The Committee also requests the Government to supply information on any progress made with regard to the adoption of the draft Act.

The Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee notes the Government’s indication to the effect that it has examined the possibility of ratifying Convention No. 169, although no major progress has been achieved owing to the complexity of the matters covered by the Convention and the discrepancies which exist in relation to national law and practice. The Committee recalls that, in its general observation of 1992 on the Convention, it emphasized the fact that Convention No. 169 is more oriented than Convention No. 107 towards respect for and protection of the cultures, ways of life and traditional institutions of indigenous and tribal peoples. It therefore encouraged governments which had ratified Convention No. 107 to give serious consideration to ratifying Convention No. 169. The Committee hopes that the Government will continue to consider ratifying Convention No. 169 and encourages it to seek technical assistance from the Office in order to address any difficulties which might arise in connection with ratification. It requests the Government to provide information on any progress made on this matter.

Socio-economic situation of indigenous peoples. The Committee notes that according to the fourth National Report on the Situation of Women in Panama (2002–07), in indigenous areas, 98.5 per cent of the population lives in poverty and 89.7 per cent lives in extreme poverty. The Committee notes with interest the numerous programmes implemented by the Government in the areas of health, education, vocational training and support for indigenous enterprise development with a view to eliminating extreme poverty and improving the social, economic and cultural situation of the indigenous peoples. The Committee requests the Government to supply information on the implementation of these programmes and their impact, also indicating the manner in which the participation of indigenous peoples and their representatives in the formulation and implementation of programmes is ensured.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the full information provided in the Government’s report and the various annexes attached. The Committee also notes the detailed report prepared by the Indigenous Assemblies and Organizations of Panama on the situation of indigenous peoples, and the numerous annexes, which were forwarded to the Government on 27 May 2003 for its comments. The Committee also refers to its observations.

2. Article 2. Development of coordinated programmes. The Committee notes the indication of the Indigenous Assemblies and Organizations of Panama that, despite the major progress achieved in the recognition of indigenous rights, these peoples continue to be affected by a high rate of poverty, which is in most cases substantially higher than that of the non-indigenous population.

3. The Committee notes the information provided by the Government that the activities of the National Council for Indigenous Development (CNDI) have been evaluated. The Committee would be grateful if the Government would provide a copy of this evaluation which its next report, as well as copies of records or reports relating to the activities carried out or envisaged to improve the social, economic and cultural situation of indigenous peoples.

4. With reference to its previous comment, the Committee requests the Government to provide information on the manner in which the CNDI coordinates it activities with the various institutions dealing with indigenous matters.

5. The Committee notes with interest the information on the action taken in the context of the Community Works Programme, the report of which is attached to the Government’s report. It also notes the activities carried out under various projects which form part of the Darién Sustainable Development Programme, and particularly in the comarcas (administrative regions) of Emberá-Wounaan and Wargandi, details of which are provided in a report forwarded by the Government.

6. The Committee notes with interest the information on the development of the Land Titularization Programme (1988–2003), the Land Registration and Titularization Project and the Sustainable Farms Programme. The Committee requests the Government to keep it informed in its next report on further activities carried out under these programmes and the above project, and on any other new programme or project drawn up with the consultation and/or participation of representatives of the indigenous peoples concerned with the objective of the application of the Convention.

7. The Committee notes the information provided in annex to the Government’s report concerning the technical and legal assistance provided to strengthen the capacities of the leaders of the Emberá-Wounaan General Assembly for Collective Lands to formulate and promote Bill No. 17 recognizing and strengthening the rights of the Emberá and Wounaan peoples concerning collective lands which were excluded from the Emberá comarca. The Committee requests the Government to provide information in its next report on any progress achieved in the legislative process relating to this Bill.

8. The Committee notes with interest the information provided by the Government concerning the activities of the Ngöbe Buglé Project and the new Project for the Sustainable Development of the Ngöbe Buglé comarca and for the Advancement of Neighbouring Poor Rural Areas, both financed by the International Fund for Agricultural Development (IFAD). The Committee requests the Government to provide information in its next report on the manner in which representatives of the indigenous communities concerned participate in or are consulted by the Project Management Unit (UGP) established to coordinate and administer the new project.

9. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama indicating that there is a legal void in the enforcement of the legal provisions acknowledging the right of the Emberá‑Wounaan comarca to have a budget. The Committee would be grateful if the Government would provide information on this situation.

10. The Committee notes the Government’s indication that a National Indigenous Development Plan has still not been established due to budgetary problems and the lack of technical assistance to certain indigenous communities to prepare their proposals. The Committee trusts that the Government will be able to provide information in its next report on the progress achieved in this respect.

11. Protection measures. The Committee notes with concern the information provided by the Indigenous Assemblies and Organizations of Panama that members of the Kunas de Pucuru and Paya communities were the victims of violence by Colombian irregular groups and that, in this connection, the Emberá‑Wounaan General Assembly has formulated and submitted to the President of the Republic of Panama a proposal to ensure their security, a copy of which was attached to its communication. The Committee asks the Government to take the appropriate measures to ensure the safety and physical integrity of indigenous communities in border areas, and to provide information in this regard, including information on the effect given to the above proposal.

12. Article 5. Right to be consulted. The Committee notes the reference in the communication of the Indigenous Assemblies and Organizations of Panama to the lack of participation of such communities in the planning of a state policy for the development of indigenous areas. The Committee notes the information provided by the Government on the establishment of local advisory committees in the Ngöbe Buglé comarca and of three advisory committees at the level of comarcas on environmental issues. The Committee requests the Government to provide information in its next report on the activities of these committees, and of other advisory committees which enable the various indigenous communities to participate in the planning of their development. The Committee further requests information on the procedures adopted for such consultations, and the results obtained and any difficulties encountered.

13. In its previous comment, the Committee referred to differences in the scope of the rights established in the various regional legislations. The Committee notes the information provided by the Government in its report that it is seeking to update and improve the relationship with indigenous peoples within the context of the new special legal framework. The Committee trusts that the Government will provide information in its next report on any measures adopted or envisaged to prevent the differences between regional legislations giving rise to imbalances in the rights and development of the various communities.

14. The Committee notes the information provided by the Government indicating that the preliminary environmental impact study for any exploration and exploitation in indigenous areas is a state commitment under section 45 of the Basic Charter of the Kuna de Madungandí comarca and section 96(2) of the Basic Charter of Emberá Darién. The Committee would be grateful if  the Government would indicate in its next report the manner in which the application of this principle is ensured in the other comarcas.

15. With reference to its previous comment, the Committee notes the Government’s indication that it is not aware of the existence of any initiative to amend Act No. 15 of 7 February 2001 which makes the consultations envisaged in section 48 of Act No. 10 of 7 March 1997 conditional upon exploitation projects being located totally within the same comarca. The Committee requests the Government to consider adopting measures to make it possible for consultations to be held with the communities concerned in cases of exploitation even where the area in question is not located in its entirety within the same comarca.

16. The Committee notes the Government’s indication that a final decision has still not been handed down in the case of Tabasará II concerning the construction of two hydroelectric dams across the River Tabasará. On this subject, the Committee noted in its previous comments that the Constitutional Chamber of the Supreme Court of Panama had ordered the suspension of work on the grounds that prior consultations had not been held with the indigenous community concerned. The Committee hopes that the Government will be in a position to provide further information on this case in its next report.

17. Article 6. Conditions of life and work. The Committee notes with concern the contents of the field study prepared by the Commission on Women’s Affairs, the Rights of the Child, Young Persons and the Family of the Legislative Assembly, which was forwarded by the Indigenous Assemblies and Organizations of Panama. The study deals with the deplorable conditions of life and work of Ngöbe and Buglé boys and girls who work in sugar cane and coffee plantations in the provinces of Coclé and Veraguas. According to the report, there are no beds, latrines or baths and the boys and girls sleep on cardboard under trees. The Committee requests the Government to provide information in its next report on the measures adopted or envisaged to improve the conditions of life and work, as well as the educational level, of the populations concerned.

18. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama according to which indigenous peoples encounter difficulties obtaining credits as their lands cannot be seized or adjudicated. The Committee would be grateful if the Government would provide information in its next report on the measures adopted or envisaged to facilitate the granting of credits to members of these communities.

19. Articles 7 and 8. Customary laws and methods of control. The Committee hopes that the Government will soon be able to provide copies of court decisions which take into consideration the application of customary laws and the methods of control practised by indigenous communities.

20. Articles 11 to 14. Land rights. With reference to its previous comment on the conflict between indigenous peoples in the comarca Kuna de Madungandí and the settlers who were systematically invading their lands, the Committee notes the information provided by the Government indicating that the invaders are being notified that they have to leave the lands. With regard to the petition received by the Inter-American Commission on Human Rights on 11 January 2001 (complaint No. 12354) respecting the land rights of the Kuna and Emberá, the Committee notes that it is still at the stage of being settled amicably. The Committee would be grateful if the Government would provide information in its next report on any development relating to these matters.

21. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama indicating that the lands of the Emberá and Wounaan communities which belong to the General Assembly of Collective Lands are being illegally invaded by non-indigenous peoples. The same communication also indicates that there has been no practical response from the government authorities to resolve the illegal invasions. The Committee requests the Government to keep it informed in its next report of any progress achieved in relation to these matters, including information on whether it has been possible to guarantee the peaceful ownership of their lands to the indigenous communities of the comarca Kuna de Mandungandí in the region of Wacuco and the comarca Kuna de Wargandí.

22. With reference to the information provided by the Indigenous Assemblies and Organizations of Panama, the Committee would be grateful if the Government would provide information on the stage reached in the discussions between the authorities of the comarca Kuna Yala and the Government with regard to the amendment of the Act of 1953 which did not include in this comarca the lands of the Kuna communities in the Gardi sector.

23. The Committee notes the allegation in the communication of the Indigenous Assemblies and Organizations of Panama concerning the prohibition by the National Environmental Authority (ANAM) of the use by the Kunas Pucuru and Paya communities of a sacred site located in the Cerro Takarkunyala. According to the communication, the ANAM also prohibited the Emberá and Wounaan peoples from using part of the comarca Emberá-Wounaan which coincides with the Darién National Park. The Committee would be grateful if the Government would provide information in its next report on these matters.

24. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama to the effect that the comarca Ngöbe-Buglé is affected by the construction of the Punta Peña-Almirante road, in the province of Bacas del Toro, and that compensation has not been granted despite government promises. The Committee would be grateful if the Government would provide information on this subject.

25. The Committee notes the communication of the Indigenous Assemblies and Organizations of Panama concerning the need to recognize the territory of the Bri‑Bri people to preserve their customs and natural resources. The Indigenous Assemblies and Organizations of Panama adds that the creation of a comarca of the Naso people, located in the La Amistad International Park (Pila Park), is under discussion. The Committee would be grateful if the Government would provide information in its next report on both matters.

26. The Indigenous Assemblies and Organizations of Panama indicates that the creation of protected areas has affected the traditional use of the lands inhabited by indigenous peoples in relation to activities such as hunting, fishing and cultivation. The Committee would be grateful if the Government would provide information on this comment, with an indication in particular of the manner in which effect is given to the provision of Act No. 41 of 1998 (the General Environment Act) requiring coordination between the ANAM and the authorities of indigenous peoples on all matters relating to the environment and natural resources.

27. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama according to which the National Natural Resources Institute (INRENARE) granted to the National Nature Conservation Association (ANCON) lands belonging to the Emberá de Mogue, Llano Bonito and Cémaco communities, without their participation, thereby impeding their right to continue using in a traditional manner the natural resources of the lands. Similarly, the Indigenous Assemblies and Organizations of Panama report that a tourism enterprise is preventing the members of the Afrodarienitas and Emberá de Punta Piña communities from using the natural resources in their territories. The Committee would be grateful if the Government would provide information in its next report on these matters, and particularly on the consultations held with the communities concerned.

28. Articles 16 and 17. Vocational training. The Committee notes the information provided by the Government in its report and in Annex 15 concerning the vocational training activities provided for members of indigenous peoples. The Committee also notes the holding of the First National Meeting of Indigenous Youth and its follow-up with a view to improving the capacities of indigenous youth in modern subjects which will contribute to the development of their quality of life. The Committee trusts that the Government will continue to provide information on the application of these provisions of the Convention.

29. Article 18. Handicrafts and rural industries. The Committee notes with interest that, in accordance with the regulations issued under Act No. 20, of 26 June 2000, on the Special Rules for Intellectual Property relating to the Collective Rights of Indigenous Peoples, the collective rights of the Mola Kuna Panama community have been registered. The Committee trusts that the Government will be in a position to provide information in its next report on the measures adopted or envisaged to disseminate information among indigenous communities on the advantages of using this register.

30. The Committee would be grateful if the Government would provide information in its next report on the effect given in practice to Act No. 35, of 25 July 2000, establishing the Board of Fairs of Indigenous Peoples.

31. Articles 19 and 20. Social security and health. The Committee notes the allegations made by the Indigenous Assemblies and Organizations of Panama concerning the difficulties encountered by indigenous communities in gaining access to health services due to economic, geographical, climatic and cultural factors. It notes that, according to statistical data, there are 2.1 doctors for each 10,000 indigenous inhabitants, while the average is 8.9 for non-indigenous peoples. The Committee trusts that the Government will continue to provide information in its next report on the measures adopted or envisaged to improve the health care of the various indigenous communities.

32. The Committee notes the holding of the II National Forum for Indigenous Peoples for members of indigenous organizations and health-care officials with a view, inter alia, to develop traditional medicine. The Committee trusts that the Government will continue to provide information on this subject.

33. The Committee notes the information provided by the Government that the Social Security Fund concluded an agreement with the Ministry of Health and that it has launched a programme to improve the access to health-care institutions in the interior of the country.

34. The Committee notes the information provided by the Government in its report concerning the conclusion of a health agreement signed with the Government of Colombia which, it is hoped, will benefit indigenous populations to the level of 90 per cent.

35. The Committee notes with interest the information provided in the Government’s report and Annexes 17 and 18 relating to the action taken to give effect to this part of the Convention in the context of: Project PAN/00/P01; the Project for Inter-cultural and Gender Equity for the Indigenous Populations of Panama; the Project TRAMIL-MINSA; the Prevention Project; the MINSA/World Bank Rural Health Project; the Plague-Health Project; the Frontier Barrier Project; the Iodine Deficiency Disorders Survey; and the Traditional Medicine Project. The Committee also notes with interest the training of doctors from the Emberá-Wounaan community in external locations and of indigenous officials as health and laboratory assistants in the Darién Region Health Services. The Committee trusts that the Government will continue providing information on the results achieved through the various projects and agreements referred to above.

36. Articles 21 and 24. Education. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama indicating that members of indigenous communities have fewer possibilities of gaining access to formal education than the rest of the population. The Committee notes the information provided by the Government on the provision of grants to young persons from the various indigenous communities by the Human Resources Development Institute (IFARHU), as well as the annex to its report providing detailed information on the number of young beneficiaries. The Committee requests the Government to continue providing information in its next report on the measures adopted or envisaged to improve the educational level of indigenous peoples, thereby giving effect to the provisions of these Articles of the Convention.

37. The Committee noted in its previous comment Act No. 34, of 6 July 1995 (the Education Act), setting forth the principle of inter-cultural bilingual education. The Committee also referred to the establishment in 1998 of the technical coordinating unit for the implementation of special programmes in indigenous areas for the implementation of inter-cultural bilingual education. In its previous comment, the Committee reminded the Government of the importance of establishing inter-cultural bilingual education. Without overlooking the difficulties referred to in this respect by the Government in its reports, the Committee hopes that the next report will include information on the adoption of educational measures that take into account the right of members of indigenous communities to receive education in their own language.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the full information provided by the Government in its report, received in October 2003, and the numerous annexes attached. It also notes the detailed report prepared by the Indigenous Assemblies and Organizations of Panama on the situation of indigenous peoples, and the various annexes attached, which were forwarded to the Government on 27 May 2003 for its comments.

2. The Committee notes the information provided by the Government on the continuation of the legislative activity to provide legal guarantees for the rights of indigenous communities. In particular, the Committee notes with interest the establishment of the National Traditional Indigenous Medicine Commission and the Technical Secretariat for Traditional Medicine of Indigenous Peoples by Executive Decree No. 117 of 9 May 2003, the text of which was attached to the Government’s report and which recognizes the importance of the knowledge and therapeutic and healing practices of these peoples. The Committee trusts that the Government will provide information in its next report on the activities of these institutions both to promote the preventive methods, healing practices and traditional medicine of indigenous peoples and to improve the coverage of primary health care in rural and remote areas.

3. In its previous request, the Committee reminded the Government of the importance of adopting education plans incorporating the values and needs of indigenous populations. The Committee notes with interest the adoption of Act No. 5 of 15 January 2002 declaring 12 October to be the National Day of Reflection on the Situation of Indigenous Peoples and instructing educational institutions, both official and private, to carry out cultural activities on that day designed to study and appreciate the cultures of indigenous peoples, recognizing their contribution to the nation. This Act also provides that the Ministry of Education shall take measures to ensure that by January 2003 school texts incorporate changes recognizing the contribution made by the culture of indigenous peoples. The Committee would be grateful if the Government would keep it informed in its next report on the implementation of this Act.

4. The Committee notes the indication in the communication of the Indigenous Assemblies and Organizations of Panama concerning the urgent need to establish dialogue between indigenous peoples and the three state bodies to discuss the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). On this subject, the Committee noted with interest in its previous comment that the Permanent Commission on Indigenous Affairs of the Legislative Assembly considered it appropriate to ratify the Convention. The Committee notes the Government’s indication that it has not taken a definitive decision on this matter due to the complexity of the matters covered by the Convention and the effects of its application. The Committee wishes to point out once again to the Government that it can seek the Office’s assistance if it considers it necessary. The Committee hopes that the Government will once again provide information in its next report on any developments in relation to this matter.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. The Committee notes the full information provided in the Government’s report and the various annexes attached. The Committee also notes the detailed report prepared by the Indigenous Assemblies and Organizations of Panama on the situation of indigenous peoples, and the numerous annexes, which were forwarded to the Government on 27 May 2003 for its comments. The Committee also refers to its observations.

2. Article 2. Development of coordinated programmes. The Committee notes the indication of the Indigenous Assemblies and Organizations of Panama that, despite the major progress achieved in the recognition of indigenous rights, these peoples continue to be affected by a high rate of poverty, which is in most cases substantially higher than that of the non-indigenous population.

3. The Committee notes the information provided by the Government that the activities of the National Council for Indigenous Development (CNDI) have been evaluated. The Committee would be grateful if the Government would provide a copy of this evaluation which its next report, as well as copies of records or reports relating to the activities carried out or envisaged to improve the social, economic and cultural situation of indigenous peoples.

4. With reference to its previous comment, the Committee requests the Government to provide information on the manner in which the CNDI coordinates it activities with the various institutions dealing with indigenous matters.

5. The Committee notes with interest the information on the action taken in the context of the Community Works Programme, the report of which is attached to the Government’s report. It also notes the activities carried out under various projects which form part of the Darién Sustainable Development Programme, and particularly in the comarcas (administrative regions) of Emberá-Wounaan and Wargandi, details of which are provided in a report forwarded by the Government.

6. The Committee notes with interest the information on the development of the Land Titularization Programme (1988-2003), the Land Registration and Titularization Project and the Sustainable Farms Programme. The Committee requests the Government to keep it informed in its next report on further activities carried out under these programmes and the above project, and on any other new programme or project drawn up with the consultation and/or participation of representatives of the indigenous peoples concerned with the objective of the application of the Convention.

7. The Committee notes the information provided in annex to the Government’s report concerning the technical and legal assistance provided to strengthen the capacities of the leaders of the Emberá-Wounaan General Assembly for Collective Lands to formulate and promote Bill No. 17 recognizing and strengthening the rights of the Emberá and Wounaan peoples concerning collective lands which were excluded from the Emberá comarca. The Committee requests the Government to provide information in its next report on any progress achieved in the legislative process relating to this Bill.

8. The Committee notes with interest the information provided by the Government concerning the activities of the Ngöbe Buglé Project and the new Project for the Sustainable Development of the Ngöbe Buglé comarca and for the Advancement of Neighbouring Poor Rural Areas, both financed by the International Fund for Agricultural Development (IFAD). The Committee requests the Government to provide information in its next report on the manner in which representatives of the indigenous communities concerned participate in or are consulted by the Project Management Unit (UGP) established to coordinate and administer the new project.

9. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama indicating that there is a legal void in the enforcement of the legal provisions acknowledging the right of the Emberá-Wounaan comarca to have a budget. The Committee would be grateful if the Government would provide information on this situation.

10. The Committee notes the Government’s indication that a National Indigenous Development Plan has still not been established due to budgetary problems and the lack of technical assistance to certain indigenous communities to prepare their proposals. The Committee trusts that the Government will be able to provide information in its next report on the progress achieved in this respect.

11. Protection measures. The Committee notes with concern the information provided by the Indigenous Assemblies and Organizations of Panama that members of the Kunas de Pucuru and Paya communities were the victims of violence by Colombian irregular groups and that, in this connection, the Emberá-Wounaan General Assembly has formulated and submitted to the President of the Republic of Panama a proposal to ensure their security, a copy of which was attached to its communication. The Committee asks the Government to take the appropriate measures to ensure the safety and physical integrity of indigenous communities in border areas, and to provide information in this regard, including information on the effect given to the above proposal.

12. Article 5. Right to be consulted. The Committee notes the reference in the communication of the Indigenous Assemblies and Organizations of Panama to the lack of participation of such communities in the planning of a state policy for the development of indigenous areas. The Committee notes the information provided by the Government on the establishment of local advisory committees in the Ngöbe Buglé comarca and of three advisory committees at the level of comarcas on environmental issues. The Committee requests the Government to provide information in its next report on the activities of these committees, and of other advisory committees which enable the various indigenous communities to participate in the planning of their development. The Committee further requests information on the procedures adopted for such consultations, and the results obtained and any difficulties encountered.

13. In its previous comment, the Committee referred to differences in the scope of the rights established in the various regional legislations. The Committee notes the information provided by the Government in its report that it is seeking to update and improve the relationship with indigenous peoples within the context of the new special legal framework. The Committee trusts that the Government will provide information in its next report on any measures adopted or envisaged to prevent the differences between regional legislations giving rise to imbalances in the rights and development of the various communities.

14. The Committee notes the information provided by the Government indicating that the preliminary environmental impact study for any exploration and exploitation in indigenous areas is a state commitment under section 45 of the Basic Charter of the Kuna de Madungandí comarca and section 96(2) of the Basic Charter of Emberá Darién. The Committee would be grateful if  the Government would indicate in its next report the manner in which the application of this principle is ensured in the other comarcas.

15. With reference to its previous comment, the Committee notes the Government’s indication that it is not aware of the existence of any initiative to amend Act No. 15 of 7 February 2001 which makes the consultations envisaged in section 48 of Act No. 10 of 7 March 1997 conditional upon exploitation projects being located totally within the same comarca. The Committee requests the Government to consider adopting measures to make it possible for consultations to be held with the communities concerned in cases of exploitation even where the area in question is not located in its entirety within the same comarca.

16. The Committee notes the Government’s indication that a final decision has still not been handed down in the case of Tabasará II concerning the construction of two hydroelectric dams across the River Tabasará. On this subject, the Committee noted in its previous comments that the Constitutional Chamber of the Supreme Court of Panama had ordered the suspension of work on the grounds that prior consultations had not been held with the indigenous community concerned. The Committee hopes that the Government will be in a position to provide further information on this case in its next report.

17. Article 6. Conditions of life and work. The Committee notes with concern the contents of the field study prepared by the Commission on Women’s Affairs, the Rights of the Child, Young Persons and the Family of the Legislative Assembly, which was forwarded by the Indigenous Assemblies and Organizations of Panama. The study deals with the deplorable conditions of life and work of Ngöbe and Buglé boys and girls who work in sugar cane and coffee plantations in the provinces of Coclé and Veraguas. According to the report, there are no beds, latrines or baths and the boys and girls sleep on cardboard under trees. The Committee requests the Government to provide information in its next report on the measures adopted or envisaged to improve the conditions of life and work, as well as the educational level, of the populations concerned.

18. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama according to which indigenous peoples encounter difficulties obtaining credits as their lands cannot be seized or adjudicated. The Committee would be grateful if the Government would provide information in its next report on the measures adopted or envisaged to facilitate the granting of credits to members of these communities.

19. Articles 7 and 8. Customary laws and methods of control. The Committee hopes that the Government will soon be able to provide copies of court decisions which take into consideration the application of customary laws and the methods of control practised by indigenous communities.

20. Articles 11 to 14. Land rights. With reference to its previous comment on the conflict between indigenous peoples in the comarca Kuna de Madungandí and the settlers who were systematically invading their lands, the Committee notes the information provided by the Government indicating that the invaders are being notified that they have to leave the lands. With regard to the petition received by the Inter-American Commission on Human Rights on 11 January 2001 (complaint No. 12354) respecting the land rights of the Kuna and Emberá, the Committee notes that it is still at the stage of being settled amicably. The Committee would be grateful if the Government would provide information in its next report on any development relating to these matters.

21. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama indicating that the lands of the Emberá and Wounaan communities which belong to the General Assembly of Collective Lands are being illegally invaded by non-indigenous peoples. The same communication also indicates that there has been no practical response from the government authorities to resolve the illegal invasions. The Committee requests the Government to keep it informed in its next report of any progress achieved in relation to these matters, including information on whether it has been possible to guarantee the peaceful ownership of their lands to the indigenous communities of the comarca Kuna de Mandungandí in the region of Wacuco and the comarca Kuna de Wargandí.

22. With reference to the information provided by the Indigenous Assemblies and Organizations of Panama, the Committee would be grateful if the Government would provide information on the stage reached in the discussions between the authorities of the comarca Kuna Yala and the Government with regard to the amendment of the Act of 1953 which did not include in this comarca the lands of the Kuna communities in the Gardi sector.

23. The Committee notes the allegation in the communication of the Indigenous Assemblies and Organizations of Panama concerning the prohibition by the National Environmental Authority (ANAM) of the use by the Kunas Pucuru and Paya communities of a sacred site located in the Cerro Takarkunyala. According to the communication, the ANAM also prohibited the Emberá and Wounaan peoples from using part of the comarca Emberá-Wounaan which coincides with the Darién National Park. The Committee would be grateful if the Government would provide information in its next report on these matters.

24. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama to the effect that the comarca Ngöbe-Buglé is affected by the construction of the Punta Peña-Almirante road, in the province of Bacas del Toro, and that compensation has not been granted despite government promises. The Committee would be grateful if the Government would provide information on this subject.

25. The Committee notes the communication of the Indigenous Assemblies and Organizations of Panama concerning the need to recognize the territory of the Bri-Bri people to preserve their customs and natural resources. The Indigenous Assemblies and Organizations of Panama adds that the creation of a comarca of the Naso people, located in the La Amistad International Park (Pila Park), is under discussion. The Committee would be grateful if the Government would provide information in its next report on both matters.

26. The Indigenous Assemblies and Organizations of Panama indicates that the creation of protected areas has affected the traditional use of the lands inhabited by indigenous peoples in relation to activities such as hunting, fishing and cultivation. The Committee would be grateful if the Government would provide information on this comment, with an indication in particular of the manner in which effect is given to the provision of Act No. 41 of 1998 (the General Environment Act) requiring coordination between the ANAM and the authorities of indigenous peoples on all matters relating to the environment and natural resources.

27. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama according to which the National Natural Resources Institute (INRENARE) granted to the National Nature Conservation Association (ANCON) lands belonging to the Emberá de Mogue, Llano Bonito and Cémaco communities, without their participation, thereby impeding their right to continue using in a traditional manner the natural resources of the lands. Similarly, the Indigenous Assemblies and Organizations of Panama report that a tourism enterprise is preventing the members of the Afrodarienitas and Emberá de Punta Piña communities from using the natural resources in their territories. The Committee would be grateful if the Government would provide information in its next report on these matters, and particularly on the consultations held with the communities concerned.

28. Articles 16 and 17. Vocational training. The Committee notes the information provided by the Government in its report and in Annex 15 concerning the vocational training activities provided for members of indigenous peoples. The Committee also notes the holding of the First National Meeting of Indigenous Youth and its follow-up with a view to improving the capacities of indigenous youth in modern subjects which will contribute to the development of their quality of life. The Committee trusts that the Government will continue to provide information on the application of these provisions of the Convention.

29. Article 18. Handicrafts and rural industries. The Committee notes with interest that, in accordance with the regulations issued under Act No. 20, of 26 June 2000, on the Special Rules for Intellectual Property relating to the Collective Rights of Indigenous Peoples, the collective rights of the Mola Kuna Panama community have been registered. The Committee trusts that the Government will be in a position to provide information in its next report on the measures adopted or envisaged to disseminate information among indigenous communities on the advantages of using this register.

30. The Committee would be grateful if the Government would provide information in its next report on the effect given in practice to Act No. 35, of 25 July 2000, establishing the Board of Fairs of Indigenous Peoples.

31. Articles 19 and 20. Social security and health. The Committee notes the allegations made by the Indigenous Assemblies and Organizations of Panama concerning the difficulties encountered by indigenous communities in gaining access to health services due to economic, geographical, climatic and cultural factors. It notes that, according to statistical data, there are 2.1 doctors for each 10,000 indigenous inhabitants, while the average is 8.9 for non-indigenous peoples. The Committee trusts that the Government will continue to provide information in its next report on the measures adopted or envisaged to improve the health care of the various indigenous communities.

32. The Committee notes the holding of the II National Forum for Indigenous Peoples for members of indigenous organizations and health-care officials with a view, inter alia, to develop traditional medicine. The Committee trusts that the Government will continue to provide information on this subject.

33. The Committee notes the information provided by the Government that the Social Security Fund concluded an agreement with the Ministry of Health and that it has launched a programme to improve the access to health-care institutions in the interior of the country.

34. The Committee notes the information provided by the Government in its report concerning the conclusion of a health agreement signed with the Government of Colombia which, it is hoped, will benefit indigenous populations to the level of 90 per cent.

35. The Committee notes with interest the information provided in the Government’s report and Annexes 17 and 18 relating to the action taken to give effect to this part of the Convention in the context of: Project PAN/00/P01; the Project for Inter-cultural and Gender Equity for the Indigenous Populations of Panama; the Project TRAMIL-MINSA; the Prevention Project; the MINSA/World Bank Rural Health Project; the Plague-Health Project; the Frontier Barrier Project; the Iodine Deficiency Disorders Survey; and the Traditional Medicine Project. The Committee also notes with interest the training of doctors from the Emberá-Wounaan community in external locations and of indigenous officials as health and laboratory assistants in the Darién Region Health Services. The Committee trusts that the Government will continue providing information on the results achieved through the various projects and agreements referred to above.

36. Articles 21 and 24. Education. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama indicating that members of indigenous communities have fewer possibilities of gaining access to formal education than the rest of the population. The Committee notes the information provided by the Government on the provision of grants to young persons from the various indigenous communities by the Human Resources Development Institute (IFARHU), as well as the annex to its report providing detailed information on the number of young beneficiaries. The Committee requests the Government to continue providing information in its next report on the measures adopted or envisaged to improve the educational level of indigenous peoples, thereby giving effect to the provisions of these Articles of the Convention.

37. The Committee noted in its previous comment Act No. 34, of 6 July 1995 (the Education Act), setting forth the principle of inter-cultural bilingual education. The Committee also referred to the establishment in 1998 of the technical coordinating unit for the implementation of special programmes in indigenous areas for the implementation of inter-cultural bilingual education. In its previous comment, the Committee reminded the Government of the importance of establishing inter-cultural bilingual education. Without overlooking the difficulties referred to in this respect by the Government in its reports, the Committee hopes that the next report will include information on the adoption of educational measures that take into account the right of members of indigenous communities to receive education in their own language.

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1. The Committee notes the full information provided by the Government in its report, received in October 2003, and the numerous annexes attached. It also notes the detailed report prepared by the Indigenous Assemblies and Organizations of Panama on the situation of indigenous peoples, and the various annexes attached, which were forwarded to the Government on 27 May 2003 for its comments.

2. The Committee notes the information provided by the Government on the continuation of the legislative activity to provide legal guarantees for the rights of indigenous communities. In particular, the Committee notes with interest the establishment of the National Traditional Indigenous Medicine Commission and the Technical Secretariat for Traditional Medicine of Indigenous Peoples by Executive Decree No. 117 of 9 May 2003, the text of which was attached to the Government’s report and which recognizes the importance of the knowledge and therapeutic and healing practices of these peoples. The Committee trusts that the Government will provide information in its next report on the activities of these institutions both to promote the preventive methods, healing practices and traditional medicine of indigenous peoples and to improve the coverage of primary health care in rural and remote areas.

3. In its previous request, the Committee reminded the Government of the importance of adopting education plans incorporating the values and needs of indigenous populations. The Committee notes with interest the adoption of Act No. 5 of 15 January 2002 declaring 12 October to be the National Day of Reflection on the Situation of Indigenous Peoples and instructing educational institutions, both official and private, to carry out cultural activities on that day designed to study and appreciate the cultures of indigenous peoples, recognizing their contribution to the nation. This Act also provides that the Ministry of Education shall take measures to ensure that by January 2003 school texts incorporate changes recognizing the contribution made by the culture of indigenous peoples. The Committee would be grateful if the Government would keep it informed in its next report on the implementation of this Act.

4. The Committee notes the indication in the communication of the Indigenous Assemblies and Organizations of Panama concerning the urgent need to establish dialogue between indigenous peoples and the three state bodies to discuss the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). On this subject, the Committee noted with interest in its previous comment that the Permanent Commission on Indigenous Affairs of the Legislative Assembly considered it appropriate to ratify the Convention. The Committee notes the Government’s indication that it has not taken a definitive decision on this matter due to the complexity of the matters covered by the Convention and the effects of its application. The Committee wishes to point out once again to the Government that it can seek the Office’s assistance if it considers it necessary. The Committee hopes that the Government will once again provide information in its next report on any developments in relation to this matter.

Furthermore, a more detailed request is being addressed directly to the Government on certain matters.

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1. The Committee notes the information provided by the Government in its detailed report. It notes in particular the adoption of various laws creating comarcas (protected regions) and approving their respective basic charters. The Committee also notes the following national legislation: Act No. 41 of 1998 (General Act on the Environment); Title VII which is entitled "On indigenous comarcas and peoples"; Act No. 34 of 6 July 1995 (Education Act) which sets out the principle of bilingual education; and Act No. 4 of 29 January 1999 establishing equality of opportunity for women and containing a section entitled "Indigenous women". With regard to intellectual property, it notes Act No. 15 of 8 August 1994 respecting authors’ rights; Act No. 35 of 10 May 1996 on industrial property; Act No. 27 of 24 July 1997, section 10 of which prohibits the import of imitations of indigenous textiles and clothes such as molas and naguas. It takes particular note of Act No. 20 of 26 June 2000 issuing the special intellectual property rules for the collective rights of indigenous peoples and Act No. 35 of 25 July 2000 establishing the Board for the Fairs of Indigenous Peoples.

2. Article 1 of the Convention. The report indicates that, according to the 2000 census, the population in the legally established comarcas is as follows: comarca Ngöbe-Buglé: 110,619; comarca Kuna-Yala: 32,411; comarca Emberá: 8,182; comarca de Madungandí: 3,304 - resulting in a total of 154,516 persons. The Government does not currently have figures for the number of indigenous persons living outside these comarcas. The Committee recalls that, according to the 1990 census, the total indigenous population in Panama was 194,769 persons, which appears to show that there are currently at least 40,000 indigenous people who live in places other than the above comarcas. Please indicate the numbers of persons living in the comarca Kuna de Wargandí and the legal regime applicable to those not living in the legally established comarcas.

3. Articles 2 and 27. With reference to its previous comments, the Committee notes that Executive Decree No. 1 of 11 January 2000 established the National Council for Indigenous Development (CNDI), of which the National Directorate for Indigenous Policy will be the technical secretariat. The Government states that CNDI is a "consultative and deliberative body on public policies and action for indigenous peoples, through dialogue between state bodies, indigenous congresses and organizations, to ensure respect and compliance with human rights, indigenous rights and the principle of the pluri-cultural Panamanian State". It will be composed of 11 government representatives, a representative of each of the congresses and councils of the seven peoples, and nine representatives of civil society, which will include three representatives of indigenous women and one of an indigenous NGO. The Committee notes that the creation of the Council constitutes progress in the coordination of the activities undertaken by state bodies and indigenous congresses and organizations. It also notes that, under section 1(2) of the Decree, the Council will be permanent, its decisions will be the product of dialogue and "it will form part of the government entity created to take responsibility for indigenous affairs". Please indicate whether such an entity has been established, the scope of its authority, and the coordination mechanisms with CNDI and other bodies concerned. The Committee would also be grateful if the Government would provide information on the work of the CNDI if it has met and if it would provide copies of any reports that it has produced. Please also provide information on the activities undertaken by CNDI under section 3 of the Decree (functions), particularly with regard to the review, approval and follow-up of a national plan for indigenous development (subsection 4), with a copy of the above plan.

4. With regard to the programmes noted in its previous comment, namely the Guaymí Integrated Rural Development Project and the Indigenous Development Project executed by the Ministry of Agricultural Development (MIDA), the Committee notes that, as these projects only had limited resources, it was decided to use them for projects in pilot areas, such as the project to combat rural poverty in the province of Darién and the Ngöbe-Buglé Project, initiated during the last half of the 1990s with the objective of the beneficiary communities becoming areas for training and dissemination of the improved technologies introduced by the projects. Please provide information on the situation with regard to these projects, the progress made and the existence of similar projects implemented during the period covered by the next report, including those undertaken within the so-called Orientation Framework for Agricultural Policy, 1994-99, in the context of the so-called multi-sectoral programmes of financial assistance for poor areas.

5. Article 5. The Committee welcomes the fact that the new legislation respecting comarcas establishes electoral institutions, provides for collaboration between the institutions of the comarca and the State and offers opportunities for indigenous persons to develop their initiatives. While the structures are not identical in each comarca, it appears that they reflect the individual organizational structures of the various communities and, in overall terms, a system has been established of general, regional and local congresses and of executive and governing bodies, which are mainly elected. It also notes that the comarca Kuna de Wargandí, in contrast with the others, has been recognized in the category of corregimiento, which is one of the subdivisions of the Panamanian State. Noting the existence of differences in the scope of the rights set out in the legislation of the various regions, the Committee requests the Government to indicate whether it is considering incorporating, and in which manner, a systematic and coordinated approach so that the differences between the laws do not give rise to imbalances in the rights and development of the various communities.

6. Right to be consulted. The Committee notes with interest that the new legislation sets out the right to be consulted on matters which may affect indigenous peoples and that this right is set forth both in general laws, such as the General Act on the Environment, and in the various laws at the level of the comarcas. The Committee hopes that the Government will provide information on the consultations held in accordance with this Article, and on the outcome of such consultations. Please also provide information on other consultative commissions which are operating effectively, on the procedures used for consultation and on the progress achieved and the difficulties encountered.

7. Act No. 15 of 7 February 2001. The Committee notes sections 11 and 12 of this Act, establishing standards for subsidizing basic consumption and the subsistence of clients of the public electricity service and issuing other provisions, which supplement sections 48 and 50 of Act No. 10 of 1997 establishing the comarca Ngöbe-Buglé. Section 48 of Act No. 10 requires consultation prior to the exploration and exploitation of natural resources, salt deposits, mines, water, quarries and mineral deposits, and provides in its third subsection that in cases where exploitation is feasible, an environmental impact study shall be required beforehand which shall include the social impact, taking into consideration the cultural characteristics of the population affected. The indigenous authorities may submit their views within a period of not more than 30 days. By virtue of the amendment made by Act No. 15/2001, the consultations provided for in section 48 are to be held only when exploitation projects are located totally within the comarca. In this respect, the Committee notes the case of Tabasará II, in which an enterprise was interested in exploiting resources for the creation of two hydroelectric dams across the river Tabasará, which runs through the territories of the Ngöbe-Buglé people and has traditionally been related to that people’s cultural development. The dam will not be wholly in Ngöbe territory and, by virtue of the amendments to Act No. 15, the project Tabasará II received administrative authorization without any consultations with the Ngöbe-Buglé community. Noting with interest that the Constitutional Chamber of the Supreme Court of Panama ordered the suspension of the project, the Committee hopes that the Government will keep it informed of developments in this case. In more general terms, the Committee requests information on any amendment to Act No. 15 with a view to ensuring that, wherever indigenous interests may be affected, the populations and their representatives are able, in collaboration with the Government, as set out in Article 5(a) of the Convention, to participate in seeking solutions that are satisfactory for both parties.

8. With reference to the previous paragraph, the Committee notes that section 45 of the basic charter of the comarca Kuna de Madungandí and section 96(2) of the basic charter of Emberá Darién require an environmental impact study to be undertaken prior to any exploration or exploitation and it hopes that the Government will consider this matter in a systematic and coordinated manner so as not to limit the rights of any indigenous people in relation to the rights of others and that it will adopt the same global approach with regard to the fundamental rights of these peoples.

9. Opportunities for the full development of indigenous initiatives. The Committee notes that the basic charters of the comarcas Emberá-Wounaan de Darién, Kuna de Madungandí, Ngöbe-Buglé and Kuna de Wargandí set out in similar terms that their general congresses shall prepare plans for the management and development of the region. Please provide information on the application of these charters, with an indication, where possible, of the development plans prepared under the terms of the charters and the implementation and outcome of the plans.

10. Articles 7 and 8. The Committee notes with interest that the new legislation refers to differing extents to the customary law of indigenous populations and recognizes their own methods of social control. In this respect, the basic charter of Emberá Wounaan dedicates Title XI, Chapter I, to the administration of traditional justice. However, the Committee notes that, while this charter makes explicit reference to traditional justice, this reference is not included in other cases, such as the basic charter of the Kuna de Madungandí region. Furthermore, in the basic charters of Emberá Wounaan (section 123), the comarca Kuna de Madungandí (section 65) and the Act creating the Ngöbe-Buglé (section 40), it is provided that traditional standards of conduct shall be taken into account in the administration of justice. Please provide information on the application of these provisions in practice. Furthermore, noting that there is no reference to traditional standards of conduct in the Act establishing the comarca Kuna de Wargandí, the Committee hopes that these will be included in some manner. Please also indicate the extent to which the customs of these populations are borne in mind in regard to penal matters and, where appropriate, please provide copies of the relevant judicial decisions.

11. Articles 11 to 14 (land rights). The Committee also notes with interest that the new laws respecting the comarcas constitute significant progress with regard to the delimitation of indigenous lands. With reference to its previous comment on the conflict between indigenous peoples in the comarca Kuna de Madungandí and the settlers who were systematically invading their lands, the Committee notes the warning by the Ministry of Justice that "there are unscrupulous persons who are endeavouring to incite the unwary to invade the above lands (…) and that the Ministry of Justice knows who they are and will take legal action against these persons and against whomsoever is in violation of the law". The Committee requests the Government to indicate whether action has indeed been taken against the persons who incited others to invade or who have invaded the lands of the comarca Kuna de Madungandí and whether it has managed to guarantee the peaceful ownership by the indigenous population of the lands of the comarca. Also on this matter, the Committee hopes that the Government will keep it informed of developments related to the petition received by the Inter-American Commission on Human Rights on 11 January 2001 (No. 12,354) respecting the land rights of the Kuna and Emberá peoples which, it is reported, is currently being settled amicably.

12. The Committee notes that the various laws respecting the comarcas set forth the principle of the collective ownership of the land. In addition, it notes with interest section 102 of the General Act on the Environment, under which the lands included in comarcas and Indian reserves are protected in terms that are very similar to those of Conventions Nos. 107 and 169. Sections 103 and 105 of the same Act set forth the right to compensation when projects are undertaken in Indian lands and to a share in the profits when this is not envisaged in the laws in force. In this respect, the Committee notes from the ILO publication cited in the observation that "the Kunas de Madungandí and the Emberá were affected by the construction of this hydroelectric dam (Ascanio Villalaz) and that, despite offering their best lands, they do not have electricity and were never compensated". The Committee hopes that the Government will be able to provide information on this matter, and particularly on the compensation and participation in the profits from the hydroelectric dam Ascanio Villalaz. Please also provide information on the ownership regime for land applied to indigenous populations outside the limits of the comarcas.

13. Articles 16 and 17. With reference to its previous comment, the Committee notes the information provided by the Government on the vocational training activities of the National Vocational Training Institute (INAFORP) and that, as part of the programme to expand the Institute, the residential and catering facilities of the vocational training centres in Arimae (Darién), Kuna Yala (San Ignacio de Tupile), Las Lajas (Chiriquí) and Chiriquí Grande (Bocas del Toro) are being constructed. Please indicate the indigenous comarcas which have training centres and whether the courses provided and the training programmes were prepared in consultation with the indigenous populations concerned so as to ensure that they meet their needs.

14. Article 18. The Committee welcomes the new legislation adopted in this area, and particularly Act No. 20 of 26 June 2000 establishing the special rules on indigenous intellectual property, which creates, within the Intellectual Property Register, the Department of Collective Rights and Expressions of Folklore for the registration of the collective rights of indigenous peoples (sections 6 to 14). Act No. 35 of 25 July 2000, establishing the Board of Fairs of Indigenous Peoples, is also particularly significant. This Act promotes handicraft products of indigenous peoples with a view to improving their income. Please provide information on the application of these laws in practice, with an indication for example as to whether collective rights have actually been registered.

15. Article 20. With reference to its previous comment, the Committee notes that the project referred to in that comment has been replaced by the project for "community development and the production of food in marginal areas of Panama", with the cooperation of the World Food Programme. It also notes the various projects undertaken since 1995 by the Ministry of Health to improve the health and diet of indigenous populations, and it notes the appended documentation. Furthermore, with the financing of the Pan-American Health Organization (PAHO), the process of strengthening health committees has been continued with a view to the promotion and rehabilitation of the health of indigenous populations, with the result that there are currently some 100 health committees composed of indigenous persons. Noting the initiatives on traditional medicine and the existence of a preliminary draft text to establish an institute of traditional medicine, the Committee welcomes the value that is being attached to traditional medicine and hopes to be provided with information on the Tramil project and the planned institute of traditional medicine. It would be grateful for information on whether health committees covering traditional medicine have been established in other indigenous comarcas.

16. The Government’s report states that the Ministry of Health prepared a document containing general guidance for the formulation of health policies for indigenous peoples, on which consultations were held in workshops with the congresses of indigenous comarcas. The Committee would be grateful to be kept informed of the application of these health policies and their results, as well as on the progress made with the subregional project on inter-cultural and gender equity in the health of indigenous peoples, within the framework of the 2000-03 reform.

17. The Committee also notes the figures provided by the Government in its report on the personnel engaged in health services in indigenous areas, which show that while there are 16 doctors in Kuna Yala, there are none in Emberá Wounaan, and that in Ngöbe-Buglé, which has over 100,000 inhabitants, there are only three. The Committee would be grateful if the Government would provide information on whether measures are envisaged to facilitate and promote the installation of doctors in indigenous comarcas and requests the Government to continue providing information on the personnel working in the health areas in these regions.

18. Articles 21 to 24. The Committee notes Act No. 34 of 6 July 1995 (the Education Act), which sets forth the principle of inter-cultural bilingual education, section 250 of which provides that the educational programmes for indigenous communities shall include elements and values from their own cultural background. For the implementation of inter-cultural bilingual education, Executive Decree No. 94 of 25 May 1998 established the technical coordination unit for the implementation of special programmes in indigenous areas. Nevertheless, the Committee regrets to note the many difficulties resulting in the educational services in indigenous comarcas being insufficient and inadequate and the fact that it has not been possible to implement inter-cultural bilingual education, nor to formulate education plans incorporating the values and needs of indigenous populations. According to the Government’s report, the socio-economic conditions of the indigenous population are critical, due to extreme poverty and child malnutrition, which is reflected in a high percentage of school failures, drop-outs and the need to repeat courses. In practice, teaching is only provided in Spanish, as schools in indigenous areas do not have the necessary resources and infrastructure, in view of the lack of investment and the low level of resources allocated by the national budget for educational projects in indigenous comarcas. Most projects have failed or have been interrupted as a result of failure to provide the resources allocated. The Committee is aware of the economic difficulties that the country is experiencing and hopes that the Government will undertake systematic and coordinated programmes in the educational field, taking into account the right of indigenous peoples to receive education in their own language and based on plans that are adapted to their socio-cultural values and needs, and that it will allocate the necessary resources to them. The Committee would be grateful if the Government would keep it informed of this matter.

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1. The Committee notes the Government’s detailed report and the full information provided in the numerous annexes. In particular, it notes the intense legislative activity during the period covered by the Government’s report, and the progress achieved in establishing a legal framework recognizing the rights of indigenous communities.

2. In this context, the Committee notes with particular interest the adoption of laws establishingcomarcas (protected regions) and the basic administrative charters for the comarcas of Emberá-Wounaan de Darién, Kuna de Madungandí, Ngöbe-Buglé and Kuna de Wargandí. It also notes the various laws setting forth the rights of the indigenous population in such areas as education, intellectual property of the collective rights of indigenous peoples and all the information contained in the compilation on the rights of indigenous peoples of Panama, published by the Project for the Strengthening of the Capacity for the Legal Defence of Indigenous Peoples in Central America, ILO (San José, Costa Rica) and the People’s Legal Assistance Centre (CEALP) of Panama, which was published in San José, Costa Rica, in 2002.

3. With reference to its previous observation on the requirements of Article 2 of the Convention, under which "governments shall have the primary responsibility for developing coordinated and systematic action", the Committee notes that Executive Decree No. 1 of 11 January 2000 established the National Council for Indigenous Development (CNDI), of which the National Directorate of Indigenous Policy will be the technical secretariat. CNDI is a consultative and deliberative body on public policies and action for indigenous peoples, through coordinated dialogue among state bodies, and indigenous congresses and organizations, to ensure respect and compliance with human rights, indigenous rights and the pluri-cultural nature of the Panamanian State. The Committee also notes that in 1995 the Indigenous Affairs Commission of the Legislative Assembly was created to facilitate the approval of laws and as a permanent body to deal with complaints from indigenous peoples. The Committee hopes that the Government will keep it informed of the efforts made and the progress attained in the implementation of a coordinated and systematic action to the application of the Convention, and that it will indicate in particular the activities undertaken by the bodies referred to above since their establishment.

4. The Committee notes with particular interest that the new legislation represents considerable progress, for example in relation to self-government, the determination of indigenous territories, collective land ownership, the use of natural resources, and establishing the principle of participation in the profits obtained from the exploitation of such resources, and that it strengthens consultation with indigenous communities, protects intellectual property, incorporates respect for customs to varying extents and sets forth the principle of intercultural bilingual education.

5. The Committee also notes certain difficulties, particularly of an economic nature, in the implementation of this new legal framework, for example with regard to intercultural bilingual education, and it hopes that the Government will continue to make efforts to give effect to the new legislation in practice and that it will keep the Committee informed of the progress achieved and the difficulties encountered.

6. The Committee notes with interest the opinion issued by the Permanent Commission on Indigenous Affairs of the Legislative Assembly, dated 27 June 2000, on ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169). This opinion sets out reasons of fact and of law in support of the conclusion that the plenary of the Legislative Affairs Commission considered that Convention No. 169 should be submitted to the Legislative Assembly for approval. The Committee would be grateful if the Government would keep it informed of any further developments in this respect, and draws the Government’s attention to the fact that it may have recourse to the Office’s assistance where necessary.

7. The Committee is raising other matters in more detailed comments addressed directly to the Government.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the detailed information contained in the Government's report, which arrived after its last session.

2. Article 1 of the Convention. The Committee notes the preliminary data derived from the 1990 census concerning the size and composition of the indigenous population of the country, and requests the Government to provide information based on the definitive results in its next report.

3. Articles 2 and 27. The Committee notes with interest the detailed information provided on the administration of activities affecting indigenous populations in the country.

4. In this respect, the Committee recalls that in its previous comments it noted a draft resolution which would have created a national directorate for indigenous affairs in the Ministry of Agricultural Development (MIDA). However, the report indicates that the decision was taken in 1988 not to approve this draft. The Committee notes further that the National Directorate for Indigenous Affairs in MIDA no longer exists, having been replaced in 1985 by the Technical Executive Directorate of the Guayami Rural Integrated Development Project of MIDA (resolution ALP-12-ADM of 22 May 1985, mentioned in the Committee's previous comments).

5. The Committee notes further the existence of the National Directorate for Indigenous Policy in the Ministry of Government and Justice, which was created by Act No. 27 of 30 January 1958. It also notes that the Directorate is located in the Community Organization sector in the Ministry, which coordinates community development. In coordination with the Subdirectorate for Local Governments, the National Directorate for Indigenous Policy is conducting an inter-institutional workshop to learn of activities affecting local government and indigenous affairs carried out by other state bodies.

6. It appears from this information that there is no one body which has overall responsibility for indigenous affairs, and in fact that the coordination among the existing bodies is not highly developed. The Committee notes further that, at the time the report was prepared, the newly-installed Government had not yet considered this matter. It notes in addition the indication in the report that the need to ensure coordination among various bodies working on the question is recognized, and hopes that it will be taken into account. The Committee refers to the observation it is making this year in this connection, and hopes that in its next report the Government will be able to indicate the progress achieved in coordinating these activities.

7. Article 5. In its previous comments the Committee noted that the Fourth General Congress of Guayami Indians in 1986 had expressed reservations about the unilateral character of decision-making in the Integral Development Project for the Guayami Indian Area, financed by the International Fund for Agricultural Development (IFAD). The Government has stated in its report that problems of consultation did exist in one area, but that it has taken measures to ensure full consultation since 1988. The Committee notes, for instance, the creation of Expanded Consultative Committees which meet every two months with the management and officials of the National Office of Coordination (ONADRI) of the Ministry of Planning and Political Economy (MIPPE) concerning this project. It notes also the establishment of the programme "Participation and organization of beneficiaries" to guarantee direct participation in such projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice. The Committee welcomes this open and constructive approach to consultations with indigenous communities and leaders, and requests the Government to continue supplying information in this respect in its future reports. It refers to its observation on this question.

8. In previous reports the Government has stated that it continues to forward copies of its reports on the present Convention to the organizations of Indian peoples concerned, but that it has received no comments from them. The Committee hopes that the Government will continue doing this, and that it will consider whether it wishes to encourage these organizations to make such comments, possibly with the assistance of the ILO Regional Adviser in Latin America responsible for these questions.

9. Articles 11 to 14 - land rights. The Committee notes from the report that the Government, acting through the Ministry of Government and Justice, has reactivated the National Commission on Administrative Limits which was created by Executive Decree No. 113 of 26 September 1979. This Commission has the power to recommend a definitive solution to conflicts and discrepancies in boundary disputes, including the delimitation of Indian comarcas and reserves. Its recommendations are made to the Ministry, which submit them to the Legislative Assembly for decision.

10. In its previous comments the Committee asked for information on several cases in which delimitation of indigenous lands was under study. It notes from the report, however, that no further negotiations or draft legislation for this purpose can be pursued until there have been new elections for legislative seats in Indian areas, according to the Electoral Tribunal which had set 27 January 1992 as the date for the elections. Please indicate whether these elections were held, and whether negotiations or other action in this regard have begun anew.

11. In the meantime, the Committee refers to the questions it raised previously on the delimitation of reserves or comarcas for a number of communities, and notes the explanations provided in the Government's report. It hopes to receive with the Government's next report detailed indications of the progress achieved in each of these cases when the present crisis has passed.

12. On one of the matters to which the Committee referred in its previous comments, the Committee notes the information concerning the Government's efforts to resolve conflicts between settlers and Indians in the area of the proposed Reserva Kuna de Madungandi de Bayano. The Committee notes that the Government has referred to the need to relocate the settlers, and requests it to provide information in its next report on the progress achieved in the resolution of this conflict.

13. Articles 16 and 17. The Committee notes the additional information supplied in the report on the vocational training activities for indigenous people carried out by the National Vocational Training Institute (INAFORP).

14. As concerns the Cerro Colorado mining project, the Committee notes that its activities remain suspended.

15. Article 18. The Committee notes the additional information the Government has provided on a number of cooperative associations established among indigenous people, for transport, fishing, agriculture, health and handicrafts.

16. Article 20. The Committee notes the additional detailed information provided on the health care initiatives taken in indigenous communities.

17. As concerns the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians, which was proposed to the Inter-American Development Bank for financing, the Committee notes that there has been no progress during the last three years because of the crisis facing the country. It notes that the Government expresses the hope that it will be able to return to negotiations for this project. The Committee requests the Government to provide more information in its next report.

18. The Committee notes with interest the additional information concerning a project for the production of basic foodstuffs, carried out with the support of the World Food Programme. It hopes that the Government will continue to provide information on this project.

19. Articles 21 to 24. The Committee notes with interest the information provided by the Government on the number of educational grants awarded to Indian students, as well as the difficulties encountered in offering these grants more systematically in Indian areas, due to the economic situation of these groups and their consequent inability to meet costs. It requests the Government to continue to supply information in this connection.

20. The Committee notes from the Government's report that international scholarships, previously offered by the Government of Mexico in Indian studies, were halted by that country in 1990.

21. In its previous comments, the Committee requested information on the continuation of bilingual education programmes, as well as on the continuation of educational programmes funded by the Inter-American Development Bank and by UNESCO. It also requested information on the effect given to include a chapter on the development of indigenous education in the draft basic legislation for restructuring the Panamanian educational system. Please provide information on these questions in the next report.

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1. The Committee notes the information in the Government's report and the attached documentation.

2. Article 1 of the Convention. The Committee notes with interest the results of the 1990 census. In particular, it notes there are 194,269 indigenous persons in the country belonging to the Kuna, Guaymí, Teribe, Bokota, Emberá, Waunana and other communities.

3. Articles 2 and 27. The Committee notes from the information provided that the National Directorate for Indigenous Policy (DNPI) within the Ministry of Government and Justice, has taken measures to coordinate the activities affecting indigenous populations at the national level, in cooperation with the National Directorate for Local Governments and other high-level administrative authorities. Recalling its previous comments regarding the absence of a central body with overall responsibility for indigenous affairs, the Committee notes from the information provided that it is not sufficiently evident that the National Directorate has been identified as the body responsible for coordinating all the activities undertaken by the various state bodies in indigenous matters, and with the commensurate authority. It therefore requests the Government to provide information with its next report on the role of the National Directorate, the scope of its authority and mechanisms for coordination.

4. The Committee notes the information regarding the two programmes of assistance in small-scale farming to indigenous communities carried out by the Ministry of Agricultural Development (MIDA): (i) the Programme of Guaymíe Rural Integrated Development Project - DRI-GUAYMIE (1990-92), complemented by the food initiative of Project PMA/PAN/2436, operational in the Provinces of Veraguas and Chiriqui, and coordinated by the Ministry of Planning and Political Economy; and on the termination of this project; (ii) the Programme for Indigenous Development (1993-94) which expanded the scope of the project to include the Provinces of Chepo, San Blas, Bocas del Toro and Darien, in addition to Chiriqui and Veraguas. It notes that these two programmes have benefited a number of indigenous farmers and their families from some 50 communities. However, the Committee notes the Government's statement that such small projects executed in isolation and with limited resources are insufficient to meet the needs of the indigenous population, and that in the future such projects should be used as pilot projects within indigenous communities in order to provide training and dissemination centres for improved technology for the rest of the population. The Committee notes also the MIDA Guidelines for Agricultural Policy Document 1994-99 which include a component of multi-sector programmes of financial assistance in impoverished rural areas, including to indigenous communities. The Committee requests the Government to keep it informed of the implementation of these programmes, of any measures taken or contemplated to increase financial and technological assistance to indigenous communities, and of any other projects for the benefit of the indigenous population in the country.

5. Article 5. The Committee notes with interest that the Government continues to take steps to strengthen the participation of indigenous communities in all social, economic and political matters affecting them, and that it is considering taking legal measures to create local indigenous governments. It requests the Government to continue to provide information in this regard, including the present status of the programme "Participation and organization of beneficiaries" to guarantee direct participation in projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice which the Committee had noted in its previous comments.

6. Articles 11 to 14 - land rights. The Committee notes that the Government is taking measures to resolve questions relating to the delimitation of indigenous lands, and that representatives from indigenous areas have been elected to the legislature during the 1994 national elections. Further, it notes that the Government, through its Ministry of Government and Justice, is in the process of consultations for the definitive demarcation of indigenous areas, through the adoption of relevant legislation.

7. The Committee notes with interest the copies of the draft legislation relating to the delimitation of the reserve or comarca Ngobe-Bugle; the Corregimiento of Rio Luis in the district of Santa Fe; the reserve Camara Kuna of Madungandi; and the reserve Kuna Wargandi. In particular it notes the provisions relating to the recognition of the collective rights of the indigenous communities to their traditional lands, the decision-making powers of their traditional institutions, and their right to be consulted in any matters which may affect them. The Committee requests the Government to provide information in its next report on the progress achieved in each of these cases, and copies of the legislation when adopted.

8. The Committee notes with interest that the "Proposal for the draft Law to create the Camara Kuna Madungandi" identifies the "constant penetration of non-indigenous elements" as a major obstacle to maintaining and protecting the traditional collective use of the land rights of the indigenous communities living in that area, and that all foreigners or foreign missions must have the authorization of the Government and fulfil the requirements of the Organic Act prior to carrying out any activity or study within the demarcated area (section 15). The Committee recalls its previous comments on the conflicts between settlers and indigenous communities in the area of the proposed Reserva Kuna de Madungandi de Bayano and the Government's acknowledgement of the need to relocate the settlers. It requests the Government to provide information in its next report on the progress achieved in the resolution of this conflict, including any measures to relocate the settlers outside the territories of the Reserva Kuna de Madungandi and prevent their return. Please also provide a copy of the legislation when it has been adopted.

9. Articles 16 and 17. The Committee notes the additional information provided with the Government's report on the vocational training activities of the National Vocational Training Institute (INAFORP). Noting the Government's statement regarding the low number of participants at the INAFORP courses, the Committee also notes the proposal to expand the geographical coverage of the Institute for 1995. It requests the Government to keep it informed in this regard.

10. The Committee notes the training programmes of the National Directorate for Indigenous Policy in collaboration with the Department of Institutional Development, and with the participation of indigenous communities. In this respect it also notes the requests from the indigenous communities for the training of members of their communities so that they in turn can train others, and for greater support and interest from the state authorities.

11. Article 20. The Committee recalls the proposal for the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians which the Government was planning to negotiate with the Inter-American Development Bank. As the present report is silent on this matter, it hopes that the Government will provide more information on this project in its next report.

12. Articles 21 to 24. The Committee notes with interest the information in the report on the number of awards given to students in indigenous communities by the Government during 1990-93. It requests the Government to continue to provide such information.

13. It notes the additional information provided with the Government's report on the literacy and vocational training programme funded by UNESCO and the Inter-American Development Bank (Project No. ATN/TF-2825-PN) during 1987 to 1993 which benefited 4,200 young persons between the ages of 15 and 20 from the Ngobere and Kuna communities. It also notes with interest the sub-programme for adult education, with background pictorial information, in the local indigenous languages. Noting that the Government is planning to request funding for a continuation of these programmes, the Committee requests the Government to keep it informed of any further developments in this regard.

14. With reference to the draft basic legislation to restructure the Panamanian educational system, the Committee notes the copy of the relevant articles provided with the report. It requests the Government to keep it informed of the progress of this legislation, and to provide a copy when it has been adopted.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee wishes once again to take special note of the Government's attention to resolving problems which arise between the indigenous populations of the country and other citizens, in a spirit of dialogue and negotiation. It notes with satisfaction the improvements made in this regard in one region following its 1987 comments. The Committee refers in particular to the detailed information provided on the involvement of indigenous and tribal communities in discussions concerning economic development in the areas in which they live. This does not mean that no problems arise, but it does indicate that they are approached in a spirit of cooperation. The Committee wishes to draw the attention of all governments whose countries include indigenous and tribal populations to the approach taken in Panama. At the same time, the Committee notes that there is a wide variety of institutions, including a number of ministries and their subsidiary bodies, working in this field. Recalling the requirement of Article 2 of the Convention that "Governments shall have the primary responsibility for developing coordinated and systematic action" in this regard, the Committee hopes that it will be possible to ensure that this principle is applied. The Committee is also raising a number of questions in more detailed comments addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. The Committee notes from the Government's report that it continues to give attention to the problems faced by the indigenous populations in the country. In particular, it notes the steps to enhance the participation of the indigenous communities in matters affecting their well being, and to strengthen the recognition of their distinct identity and traditional values and institutions through dialogue and consultations.

2. In this context the Committee notes with interest the Government's statement that it has not yet decided whether to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revises the present Convention No. 107, but that it is studying the question. The Committee asks that it be kept informed of any further developments in this regard.

3. With reference to the requirement of Article 2 of the Convention that "Governments shall have the primary responsibility for developing coordinated and systematic action", the Committee notes that the Ministry of Government and Justice, through its agency the National Directorate for Indigenous Policy, is taking steps in this direction. However, there are indications that the coordination among the various entities active in indigenous matters remains ad hoc, and that a more concerted effort is required in order to meet the complex range of problems facing the indigenous population in the country. The Committee trusts the Government will continue to take measures to ensure that there is increased coordination among the various high-level state entities involved.

4. The Committee is also raising a number of questions in more detailed comments addressed directly to the Government.

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1. The Committee notes the detailed information contained in the Government's report, which arrived after its last session.

2. Article 1 of the Convention. The Committee notes the preliminary data derived from the 1990 census concerning the size and composition of the indigenous population of the country, and requests the Government to provide information based on the definitive results in its next report.

3. Articles 2 and 27. The Committee notes with interest the detailed information provided on the administration of activities affecting indigenous populations in the country.

4. In this respect, the Committee recalls that in its previous comments it noted a draft resolution which would have created a national directorate for indigenous affairs in the Ministry of Agricultural Development (MIDA). However, the report indicates that the decision was taken in 1988 not to approve this draft. The Committee notes further that the National Directorate for Indigenous Affairs in MIDA no longer exists, having been replaced in 1985 by the Technical Executive Directorate of the Guayami Rural Integrated Development Project of MIDA (resolution ALP-12-ADM of 22 May 1985, mentioned in the Committee's previous comments).

5. The Committee notes further the existence of the National Directorate for Indigenous Policy in the Ministry of Government and Justice, which was created by Act No. 27 of 30 January 1958. It also notes that the Directorate is located in the Community Organisation sector in the Ministry, which coordinates community development. In coordination with the Subdirectorate for Local Governments, the National Directorate for Indigenous Policy is conducting an interinstitutional workshop to learn of activities affecting local government and indigenous affairs carried out by other state bodies.

6. It appears from this information that there is no one body which has overall responsibility for indigenous affairs, and in fact that the coordination among the existing bodies is not highly developed. The Committee notes further that, at the time the report was prepared, the newly-installed Government had not yet considered this matter. It notes in addition the indication in the report that the need to ensure coordination among various bodies working on the question is recognised, and hopes that it will be taken into account. The Committee refers to the observation it is making this year in this connection, and hopes that in its next report the Government will be able to indicate the progress achieved in coordinating these activities.

7. Article 5. In its previous comments the Committee noted that the Fourth General Congress of Guayami Indians in 1986 had expressed reservations about the unilateral character of decision making in the Integral Development Project for the Guayami Indian Area, financed by the International Fund for Agricultural Development (IFAD). The Government has stated in its report that problems of consultation did exist in one area, but that it has taken measures to ensure full consultation since 1988. The Committee notes, for instance, the creation of Expanded Consultative Committees which meet every two months with the management and officials of the National Office of Coordination (ONADRI) of the Ministry of Planning and Political Economy (MIPPE) concerning this project. It notes also the establishment of the programme "Participation and organisation of beneficiaries" to guarantee direct participation in such projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice. The Committee welcomes this open and constructive approach to consultations with indigenous communities and leaders, and requests the Government to continue supplying information in this respect in its future reports. It refers to its observation on this question.

8. In previous reports the Government has stated that it continues to forward copies of its reports on the present Convention to the organisations of Indian peoples concerned, but that it has received no comments from them. The Committee hopes that the Government will continue doing this, and that it will consider whether it wishes to encourage these organisations to make such comments, possibly with the assistance of the ILO Regional Adviser in Latin America responsible for these questions.

9. Articles 11 to 14 - land rights. The Committee notes from the report that the Government, acting through the Ministry of Government and Justice, has reactivated the National Commission on Administrative Limits which was created by Executive Decree No. 113 of 26 September 1979. This Commission has the power to recommend a definitive solution to conflicts and discrepancies in boundary disputes, including the delimitation of Indian comarcas and reserves. Its recommendations are made to the Ministry, which submit them to the Legislative Assembly for decision.

10. In its previous comments the Committee asked for information on several cases in which delimitation of indigenous lands was under study. It notes from the report, however, that no further negotiations or draft legislation for this purpose can be pursued until there have been new elections for legislative seats in Indian areas, according to the Electoral Tribunal which had set 27 January 1992 as the date for the elections. Please indicate whether these elections were held, and whether negotiations or other action in this regard have begun anew.

11. In the meantime, the Committee refers to the questions it raised previously on the delimitation of reserves or comarcas for a number of communities, and notes the explanations provided in the Government's report. It hopes to receive with the Government's next report detailed indications of the progress achieved in each of these cases when the present crisis has passed.

12. On one of the matters to which the Committee referred in its previous comments, the Committee notes the information concerning the Government's efforts to resolve conflicts between settlers and Indians in the area of the proposed Reserva Kuna de Madungandi de Bayano. The Committee notes that the Government has referred to the need to relocate the settlers, and requests it to provide information in its next report on the progress achieved in the resolution of this conflict.

13. Articles 16 and 17. The Committee notes the additional information supplied in the report on the vocational training activities for indigenous people carried out by the National Vocational Training Institute (INAFORP).

14. As concerns the Cerro Colorado mining project, the Committee notes that its activities remain suspended.

15. Article 18. The Committee notes the additional information the Government has provided on a number of cooperative associations established among indigenous people, for transport, fishing, agriculture, health and handicrafts.

16. Article 20. The Committee notes the additional detailed information provided on the health care initiatives taken in indigenous communities.

17. As concerns the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians, which was proposed to the Inter-American Development Bank for financing, the Committee notes that there has been no progress during the last three years because of the crisis facing the country. It notes that the Government expresses the hope that it will be able to return to negotiations for this project. The Committee requests the Government to provide more information in its next report.

18. The Committee notes with interest the additional information concerning a project for the production of basic foodstuffs, carried out with the support of the World Food Programme. It hopes that the Government will continue to provide information on this project.

19. Articles 21 to 24. The Committee notes with interest the information provided by the Government on the number of educational grants awarded to Indian students, as well as the difficulties encountered in offering these grants more systematically in Indian areas, due to the economic situation of these groups and their consequent inability to meet costs. It requests the Government to continue to supply information in this connection.

20. The Committee notes from the Government's report that international scholarships, previously offered by the Government of Mexico in Indian studies, were halted by that country in 1990.

21. In its previous comments, the Committee requested information on the continuation of bilingual education programmes, as well as on the continuation of educational programmes funded by the Inter-American Development Bank and by UNESCO. It also requested information on the effect given to include a chapter on the development of indigenous education in the draft basic legislation for restructuring the Panamanian educational system. Please provide information on these questions in the next report.

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The Committee wishes once again to take special note of the Government's attention to resolving problems which arise between the indigenous populations of the country and other citizens, in a spirit of dialogue and negotiation. It notes with satisfaction the improvements made in this regard in one region following its 1987 comments. The Committee refers in particular to the detailed information provided on the involvement of indigenous and tribal communities in discussions concerning economic development in the areas in which they live. This does not mean that no problems arise, but it does indicate that they are approached in a spirit of cooperation.

The Committee wishes to draw the attention of all governments whose countries include indigenous and tribal populations to the approach taken in Panama.

At the same time, the Committee notes that there is a wide variety of institutions, including a number of ministries and their subsidiary bodies, working in this field. Recalling the requirement of Article 2 of the Convention that "Governments shall have the primary responsibility for developing coordinated and systematic action" in this regard, the Committee hopes that it will be possible to ensure that this principle is applied.

The Committee is also raising a number of questions in more detailed comments addressed directly to the Government.

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1. Article 1 of the Convention. The Committee notes the statistics concerning the indigenous population. It also notes that, according to the latest information available, the indigenous population represents 5.2 per cent of the total population of the country. The Committee hopes that the Government will supply, when possible, the new data on the indigenous population collected in the census to be conducted in 1990.

2. Articles 2 and 27. The Committee notes the activities of the National Directorate for Indigenous Policy, and particularly the reports prepared by the Directorate and its co-ordination duties in relation to the various bodies responsible for carrying out studies and projects in indigenous areas.

3. The Committee also notes the activities of the Ministry of Agricultural Development (MIDA) for the benefit of indigenous areas and their development. In particular, it notes the setting up of the Technical Executive Directorate for the Guaymé National Integrated Rural Development Plan for Indian Affairs (resolution No. ALP-12-ADM). The Committee notes that, according to the Government, the above resolution restricts the scope of activities that had originally been assigned to the Technical Executive Directorate. In this connection, it notes the Government's decision to extend once again the duties of the above Directorate, for which purpose it has formulated a draft resolution to set up the National Directorate of Indigenous Rural Development. The Committee notes that the draft resolution has been submitted to the Ministry of Agricultural Development for approval. The Committee notes that this draft makes no specific reference to the National Directorate for Indigenous Policy. In view of the responsibilities of the latter Directorate, the Committee requests the Government to indicate the relationship between the National Directorate of Indigenous Rural Development and the National Directorate for Indigenous Policy and the measures that have been taken regarding the co-ordination of the above bodies. The Committee requests the Government to supply information on the results of its work in this field and to indicate when the draft resolution is adopted to set up the National Directorate of Indigenous Rural Development.

4. In this connection, the Committee would be grateful if the Government would indicate whether the National Directorate of Indigenous Affairs still exists. The Committee notes the various bodies referred to in the Government's report and hopes that the Government will indicate in its next report whether any of these bodies is responsible for co-ordinating all the activities undertaken throughout the country affecting indigenous communities.

5. The Committee notes with interest the report on the activities of the Ministry of Agricultural Development in the integral rural development project for the Guaymé Indian areas for the period June-December 1985. The Committee requests the Government to continue supplying information of this type, as it clearly illustrates the type of activities that are being undertaken for the benefit of the indigenous communities.

6. Article 5. The Committee notes the information concerning the Integral Development Project for the Guaymé Indian Area (FIDA). In this connection, the Committee notes that during the Fourth General Congress of Guaymé Indians, held in March 1986, concern was expressed at the way in which this project was developing, in view of the fact that unilateral decisions appeared to be taken by the officials responsible for the project, without taking into account the participation of the Indians. The Committee hopes that the Government will duly take into account these observations and will take the necessary steps to ensure that Indians participate in the development of this project.

7. Furthermore, the Committee would be grateful if the Government would indicate whether it has considered the formal participation of representatives of the Indian organisations concerned in the decision-making bodies of the new Technical Executive Directorate.

8. The Committee notes that the Government has continued forwarding copies of reports on the application of the present Convention to the organisations of the Indian peoples concerned, but that it has received no comments from them. The Committee requests the Government to continue forwarding copies of its reports to the Indian organisations concerned, so that they can formulate their comments, and it hopes that it will indicate in future reports whether comments have been received in this respect.

9. Articles 11 to 14. The Committee notes that the National Directorate of Indigenous Policy is directing its endeavours, in particular, to establishing the boundaries of lands and issuing land rights to Indian peoples. It notes that these activities have been conducted, in particular, for the benefit of the Kunas group in the Comarca de San Blas and the Ember group in Piriaté and Ipeté. The Committee requests the Government to continue supplying information on the work carried out by the National Directorate of Indigenous Policy, particularly with regard to the adoption of the Bill to create the Guaymé Comarca. In this connection, the Committee notes that during the Fourth General Congress of the Guaymé Indians, held in March 1986, reservations were expressed concerning the above Bill and a resolution was adopted on this subject. The Committee hopes that these reservations will be duly taken into consideration by the Government.

10. The Committee also notes from the information communicated by the Inter-American Indian Institute (III), that this institute has contributed to a study on the possibility of demarcating the Guaymé Comarca. In this respect, and in connection with the draft law for the creation of this Comarca, the Committee notes that the III expert who carried out the study expressed his reservations on sections 2, 4, 5, 6 and 7 of the draft, in particular, since these provisions would be contrary to Articles 11 and 12 of the Convention. The Committee hopes that the Government will take these reservations into account.

11. The Committee notes with interest the painstaking work carried out for the demarcation of the Indian reservation for the Kunas Indians of Madungandi de Bayano, by mutual agreement on 11 September 1985, when the boundaries of the area to be included in this reservation were established and the agreement concluded between the Government and the chiefs and representatives of the Kuna community of Madungandi, on 8 October 1985, for the discussion of the draft legislation to create this reservation for the Kunas. The Committee notes that the creation of this reservation originated from the Cuenca Water Project for the Alto Bayano and the construction of the Ascanio Villalaz Water Project. The Committee welcomes the seriousness of the work carried out to complete the transfer of the Kuna community of Majecito and for the creation of the corresponding reservation. The Committee requests the Government to continue supplying information on the development of this project and on the adoption of the legislation creating the Reserva Indégena Kuna de Madungandi de Bayano. The Committee also notes that in addition to the above reservation, work is going ahead on the creation of the Reserva Kuna de Ual , Nurra y Morty in the Provincia del DariLn. Finally, the Committee congratulates the Government on the work carried out on behalf of the Indians who were transferred, and in particular the Ember Indians from Piariaté and Ipeté de Bayano, and hopes that the Government will continue supplying information on the measures that are adopted respecting Indians who are transferred.

12. The Committee notes the report of the commission set up to examine the case of the "Indians vs. the settlers of Bayano". It notes that the above commission has indicated the existence of disputes in the regions of Loma Bonita, Quebrada Calé and Puente del Réo Bayano. The Committee notes the action taken concerning the settlers located in the regions referred to above, which are the areas in which the Reserva Kuna de Madungandi de Bayano would be situated. The Committee requests the Government to supply information on the action taken to resolve the disputes between settlers and Indians in this reservation.

13. With reference to resolution No. DN 171, of 5 October 1981, adopted to protect the lands set out as future comarcas and suspending the registration of land titles, the Committee notes, from the information supplied by the Government in its report, that this resolution will remain in force until the draft legislation that is under examination has been adopted to create Indian communities (the Kuna de Madungandi Reservation and the Guaymé Comarca), thereby avoiding problems with settlers.

14. Articles 16 and 17. The Committee notes with interest the work carried out by the National Vocational Training Institute (INAFORP) for the benefit of indigenous populations. It also notes the information supplied on the number of peoples benefiting from such training. The Committee welcomes the initiative taken by the INAFORP to use in its training programmes instructors from the Indian groups for which the programmes are intended, and the positive results of such programmes. The Committee requests the Government to continue supplying information on the measures taken in this field, the training programmes undertaken and their results.

15. As concerns the Cerro Colorado mining project which, according to the Government's information, is still suspended, the Committee requests the Government to indicate whether the studies and negotiations that it referred to in its last report are being continued.

16. Article 18. The Committee notes the information regarding a number of Indian co-operative industries in the fields of fishing, transport and craftwork, and particularly of Kuna, Guaymé and Waumon craftsmen. The Committee hopes that the Government will be able to supply more detailed information on the measures that it is taking or will take in this field.

17. Article 20. The Committee notes with interest the detailed information supplied regarding the health care measures taken to benefit Indians and, in particular, of the Report on the Health Care Activities and Resources for the Indigenous Population, 1987. The Committee requests the Government to continue supplying information on the projects implemented in this field and, in particular, on the Nutritional and Food Production Project for the Guaymé, Kuna and Chocoe Indians; negotiations are under way for this project to be carried out with the support of the Inter-American Development Bank (IDB). The Committee also hopes that the Government will take into consideration the observations and requests made by the Guaymé Indians during their Fourth General Congress regarding health care (resolution No. 5).

18. Articles 21 and 24. The Committee notes with interest the information supplied by the Government concerning the number of grants awarded by the IFARHU. The Committee notes that Annex 21, which was referred to in the report and which gives detailed information on the grants awarded by the IFARHU, has not been received. The Committee also notes the developments in the bilingual education system and the Report on the Bilingual Information Programme, 1975-87. The Committee notes with interest the training programmes for Indian teachers (Remote Training Programme for In-Service Teachers and the Grant Plan for the Training of Guaymé and Teribes Teachers). The Committee requests the Government to continue supplying information on the execution of these programmes.

19. The Committee notes that a number of bilingual education programmes were suspended for lack of resources (the report referred to above, page 15). The Committee requests the Government to supply information on the measures that have been adopted or that are under consideration to ensure that these programmes can continue to be executed. In particular, it requests information on whether it was possible to carry out the experimental adult literacy programme for Kunas and Ngoberes, instigated by the IDB, and on its results. It also requests information on the outcome of the literacy programme financed by the IDB to improve the literacy and vocational skills of the Indian population, and on the outcome of the project initiated by UNESCO to improve the literacy and vocational skills of indigenous women in Embar (report cited, pages 16-20). The Committee would be grateful if the Government would send information on the effect given to the proposal to include a chapter concerning the development of indigenous education in the draft basic legislation for the restructuring of the Panamian education system. Finally, the Committee requests the Government to supply information on the measures that have been adopted or are envisaged to take into account the comments and requests of the Fourth General Congress of the Guaymé Indians regarding education (resolution No. 4).

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted with interest the detailed report and additional information provided by the Government. While a certain number of points are being raised in the request being addressed directly to the Government, the Committee wishes to take special note of the approach to relations between the national authorities and the indigenous communities of the country, which appears from the report. It welcomes in particular the fact that problems appear to be settled by discussion and negotiation, including questions related to the resettlement of Indian communities when they are affected by economic development projects, and compensation for the exploitation of natural resources on their lands and participation in the benefits of such exploitation. The Committee hopes that the Government will continue to provide information in future reports on developments in relation to this Convention.

CMNT_TITLE

1. Article 1 of the Convention. The Committee notes the statistics concerning the indigenous population. It also notes that, according to the latest information available, the indigenous population represents 5.2 per cent of the total population of the country. The Committee hopes that the Government will supply, when possible, the new data on the indigenous population collected in the census to be conducted in 1990.

2. Articles 2 and 27. The Committee notes the activities of the National Directorate for Indigenous Policy, and particularly the reports prepared by the Directorate and its co-ordination duties in relation to the various bodies responsible for carrying out studies and projects in indigenous areas.

3. The Committee also notes the activities of the Ministry of Agricultural Development (MIDA) for the benefit of indigenous areas and their development. In particular, it notes the setting up of the Technical Executive Directorate for the Guaymí National Integrated Rural Development Plan for Indian Affairs (resolution No. ALP-12-ADM). The Committee notes that, according to the Government, the above resolution restricts the scope of activities that had originally been assigned to the Technical Executive Directorate. In this connection, it notes the Government's decision to extend once again the duties of the above Directorate, for which purpose it has formulated a draft resolution to set up the National Directorate of Indigenous Rural Development. The Committee notes that the draft resolution has been submitted to the Ministry of Agricultural Development for approval. The Committee notes that this draft makes no specific reference to the National Directorate for Indigenous Policy. In view of the responsibilities of the latter Directorate, the Committee requests the Government to indicate the relationship between the National Directorate of Indigenous Rural Development and the National Directorate for Indigenous Policy and the measures that have been taken regarding the co-ordination of the above bodies. The Committee requests the Government to supply information on the results of its work in this field and to indicate when the draft resolution is adopted to set up the National Directorate of Indigenous Rural Development.

4. In this connection, the Committee would be grateful if the Government would indicate whether the National Directorate of Indigenous Affairs still exists. The Committee notes the various bodies referred to in the Government's report and hopes that the Government will indicate in its next report whether any of these bodies is responsible for co-ordinating all the activities undertaken throughout the country affecting indigenous communities.

5. The Committee notes with interest the report on the activities of the Ministry of Agricultural Development in the integral rural development project for the Guaymí Indian areas for the period June-December 1985. The Committee requests the Government to continue supplying information of this type, as it clearly illustrates the type of activities that are being undertaken for the benefit of the indigenous communities.

6. Article 5. The Committee notes the information concerning the Integral Development Project for the Guaymí Indian Area (FIDA). In this connection, the Committee notes that during the Fourth General Congress of Guaymí Indians, held in March 1986, concern was expressed at the way in which this project was developing, in view of the fact that unilateral decisions appeared to be taken by the officials responsible for the project, without taking into account the participation of the Indians. The Committee hopes that the Government will duly take into account these observations and will take the necessary steps to ensure that Indians participate in the development of this project.

7. Furthermore, the Committee would be grateful if the Government would indicate whether it has considered the formal participation of representatives of the Indian organisations concerned in the decision-making bodies of the new Technical Executive Directorate.

8. The Committee notes that the Government has continued forwarding copies of reports on the application of the present Convention to the organisations of the Indian peoples concerned, but that it has received no comments from them. The Committee requests the Government to continue forwarding copies of its reports to the Indian organisations concerned, so that they can formulate their comments, and it hopes that it will indicate in future reports whether comments have been received in this respect.

9. Articles 11 to 14. The Committee notes that the National Directorate of Indigenous Policy is directing its endeavours, in particular, to establishing the boundaries of lands and issuing land rights to Indian peoples. It notes that these activities have been conducted, in particular, for the benefit of the Kunas group in the Comarca de San Blas and the Emberá group in Piriatí and Ipetí. The Committee requests the Government to continue supplying information on the work carried out by the National Directorate of Indigenous Policy, particularly with regard to the adoption of the Bill to create the Guaymí Comarca. In this connection, the Committee notes that during the Fourth General Congress of the Guaymí Indians, held in March 1986, reservations were expressed concerning the above Bill and a resolution was adopted on this subject. The Committee hopes that these reservations will be duly taken into consideration by the Government.

10. The Committee also notes from the information communicated by the Inter-American Indian Institute (III), that this institute has contributed to a study on the possibility of demarcating the Guaymí Comarca. In this respect, and in connection with the draft law for the creation of this Comarca, the Committee notes that the III expert who carried out the study expressed his reservations on sections 2, 4, 5, 6 and 7 of the draft, in particular, since these provisions would be contrary to Articles 11 and 12 of the Convention. The Committee hopes that the Government will take these reservations into account.

11. The Committee notes with interest the painstaking work carried out for the demarcation of the Indian reservation for the Kunas Indians of Madungandi de Bayano, by mutual agreement on 11 September 1985, when the boundaries of the area to be included in this reservation were established and the agreement concluded between the Government and the chiefs and representatives of the Kuna community of Madungandi, on 8 October 1985, for the discussion of the draft legislation to create this reservation for the Kunas. The Committee notes that the creation of this reservation originated from the Cuenca Water Project for the Alto Bayano and the construction of the Ascanio Villalaz Water Project. The Committee welcomes the seriousness of the work carried out to complete the transfer of the Kuna community of Majecito and for the creation of the corresponding reservation. The Committee requests the Government to continue supplying information on the development of this project and on the adoption of the legislation creating the Reserva Indígena Kuna de Madungandi de Bayano. The Committee also notes that in addition to the above reservation, work is going ahead on the creation of the Reserva Kuna de Ualá, Nurra y Morty in the Provincia del Darién. Finally, the Committee congratulates the Government on the work carried out on behalf of the Indians who were transferred, and in particular the Emberá Indians from Piariatí and Ipetí de Bayano, and hopes that the Government will continue supplying information on the measures that are adopted respecting Indians who are transferred.

12. The Committee notes the report of the commission set up to examine the case of the "Indians vs. the settlers of Bayano". It notes that the above commission has indicated the existence of disputes in the regions of Loma Bonita, Quebrada Calí and Puente del Río Bayano. The Committee notes the action taken concerning the settlers located in the regions referred to above, which are the areas in which the Reserva Kuna de Madungandi de Bayano would be situated. The Committee requests the Government to supply information on the action taken to resolve the disputes between settlers and Indians in this reservation.

13. With reference to resolution No. DN 171, of 5 October 1981, adopted to protect the lands set out as future comarcas and suspending the registration of land titles, the Committee notes, from the information supplied by the Government in its report, that this resolution will remain in force until the draft legislation that is under examination has been adopted to create Indian communities (the Kuna de Madungandi Reservation and the Guaymí Comarca), thereby avoiding problems with settlers.

14. Articles 16 and 17. The Committee notes with interest the work carried out by the National Vocational Training Institute (INAFORP) for the benefit of indigenous populations. It also notes the information supplied on the number of peoples benefiting from such training. The Committee welcomes the initiative taken by the INAFORP to use in its training programmes instructors from the Indian groups for which the programmes are intended, and the positive results of such programmes. The Committee requests the Government to continue supplying information on the measures taken in this field, the training programmes undertaken and their results.

15. As concerns the Cerro Colorado mining project which, according to the Government's information, is still suspended, the Committee requests the Government to indicate whether the studies and negotiations that it referred to in its last report are being continued.

16. Article 18. The Committee notes the information regarding a number of Indian co-operative industries in the fields of fishing, transport and craftwork, and particularly of Kuna, Guaymí and Waumon craftsmen. The Committee hopes that the Government will be able to supply more detailed information on the measures that it is taking or will take in this field.

17. Article 20. The Committee notes with interest the detailed information supplied regarding the health care measures taken to benefit Indians and, in particular, of the Report on the Health Care Activities and Resources for the Indigenous Population, 1987. The Committee requests the Government to continue supplying information on the projects implemented in this field and, in particular, on the Nutritional and Food Production Project for the Guaymí, Kuna and Chocoe Indians; negotiations are under way for this project to be carried out with the support of the Inter-American Development Bank (IDB). The Committee also hopes that the Government will take into consideration the observations and requests made by the Guaymí Indians during their Fourth General Congress regarding health care (resolution No. 5).

18. Articles 21 and 24. The Committee notes with interest the information supplied by the Government concerning the number of grants awarded by the IFARHU. The Committee notes that Annex 21, which was referred to in the report and which gives detailed information on the grants awarded by the IFARHU, has not been received. The Committee also notes the developments in the bilingual education system and the Report on the Bilingual Information Programme, 1975-87. The Committee notes with interest the training programmes for Indian teachers (Remote Training Programme for In-Service Teachers and the Grant Plan for the Training of Guaymí and Teribes Teachers). The Committee requests the Government to continue supplying information on the execution of these programmes.

19. The Committee notes that a number of bilingual education programmes were suspended for lack of resources (the report referred to above, page 15). The Committee requests the Government to supply information on the measures that have been adopted or that are under consideration to ensure that these programmes can continue to be executed. In particular, it requests information on whether it was possible to carry out the experimental adult literacy programme for Kunas and Ngoberes, instigated by the IDB, and on its results. It also requests information on the outcome of the literacy programme financed by the IDB to improve the literacy and vocational skills of the Indian population, and on the outcome of the project initiated by UNESCO to improve the literacy and vocational skills of indigenous women in Embará (report cited, pages 16-20). The Committee would be grateful if the Government would send information on the effect given to the proposal to include a chapter concerning the development of indigenous education in the draft basic legislation for the restructuring of the Panamian education system. Finally, the Committee requests the Government to supply information on the measures that have been adopted or are envisaged to take into account the comments and requests of the Fourth General Congress of the Guaymí Indians regarding education (resolution No. 4).

CMNT_TITLE

The Committee has noted with interest the detailed report and additional information provided by the Government.

While a certain number of points are being raised in the request being addressed directly to the Government, the Committee wishes to take special note of the approach to relations between the national authorities and the indigenous communities of the country, which appears from the report. It welcomes in particular the fact that problems appear to be settled by discussion and negotiation, including questions related to the resettlement of Indian communities when they are affected by economic development projects, and compensation for the exploitation of natural resources on their lands and participation in the benefits of such exploitation.

The Committee hopes that the Government will continue to provide information in future reports on developments in relation to this Convention.