WOM EN, PE ACE A ND SECURI T Y SECRETAR Y-GENE RAL S 2004 RE PORT TO THE SECUR IT Y COUNCI L RESPONSES TO QUE STIONN AIRE REPUBLIC OF PANAMA Ministry of Youth, Women, Children and Families Report on the implementation of Security Council resolution 1325 (2000) on women, peace and security Considering that, from the vital standpoint of securing and strengthening our rights, there can be no democracy nor any peace process without the consensus and inclusion of all social sectors, much less without the participation of women, since we play an important role in this field that has gone largely unrecognized and unappreciated, despite numerous efforts, Bearing in mind that all the countries in the region are feeling the generalized effects of a violent culture, it is of the greatest importance to apply a gender perspective, whereby we seek to transform society, giving rise to significant changes in the thinking and living patterns of all people, thus promoting equal opportunity and equity from a gender perspective. On the basis of the foregoing, as a follow- up by the States members of the hemisphere to Security Council resolution 1325 (2000) of October 2000, our country has made progress in incorporating a gender perspective in matters relating to women and girls and proposing action mechanisms to guarantee their protection and participation in possible solutions to conflicts, as well as their contribution to formulating mechanisms for maintaining and facilitating democracy, peace and national security. In conclus ion, our country has recognized various international provisions dealing with the legal and social status of women, and in different issue areas we have agreed to ratify those agreements which provide for the protection of human rights. It is also important to point out that in Panama we have not experienced humanitarian emergencies of this type; we cannot, however, fail to emphasize that in a situation of armed conflict such as the one we are currently experiencing, in the eastern frontier region between Panama and Colombia, we are complying with the obligation to provide civil protection to refugees and displaced persons. We can point to progress in implementing this resolution in such areas as: violence and armed conflict; women and the exercise of power and decision- making; and women and HIV/AIDS.
Violence and armed conflict We are aware that in order to improve the status of women, Governments must eliminate all forms of discrimination and seek to ensure their representation in economic, political, social and cultural decision- making processes at the national level, as established in Cairo in 1994. In our country the Second Equal Opportunity Plan for Women 2002-2006 was formulated as a follow- up to the public policies which promote the advancement of women. Chapter X of the Plan deals with issues relating to violence and armed conflict. It must be emphasized that it is through access to information and the use of legislation, along with institutional mechanisms to facilitate prevention, protection against and punishment of violence, that we have been able to improve services to victims of armed conflict, primarily women, girls and boys, displaced persons and refugees, in the region of Panama known as the eastern frontier (Panama/Colombia), with the cooperation of governmental and non- governmental organizations. Special mention must be made of the collaboration provided by the National Office for Refugee Services (ONPAR) and the participation of the Office of the United Nations High Commissioner for Refugees. With regard to the violence stemming from armed conflict, in the first quarter of 2003, 935 cases of refugees and displaced persons were handled by the Panamanian Red Cross in the eastern frontier region of our country. In the second quarter, in terms of general assistance in that region, 39 Colombians were cared for as refugees and 25 indigenous women were cared for as displaced persons. It should be noted that under its programme of humanitarian assistance to displaced persons and refugees, specifically the school component, the Panamanian Red Cross has been able to provide care to 600 children, both Panamanians and Colombians. The country has made progress, mainly at the judicial level, in dealing with violence in its various forms, especially domestic violence, because of its serious consequences for women, boys and girls. The ratification by Panama of the Inter- American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará, Brazil) has provided an invaluable framework that has allowed us to move towards an appropriate way of dealing with violence against women and the implementation of the Committee s recommendations and its Optional Protocol. Mention should also be made of the National Network to Combat Violence against Women and Families. The approval of Executive Decision No. 34 of 21 June 2000 established the framework for Panamanian security policy, which arises from the need to provide comprehensive security guarantees for the Republic of Panama in view of the dangers resulting from, inter alia, organized crime, contraband weapons, illicit trafficking of migrants, terrorism, drug trafficking and related offences, the degradation and depletion of the environment, and endemic and contagious diseases. This decision laid the groundwork for the establishment of the National
Commission on the Development of a National Plan for Curbing Domestic Violence and for Civil Coexistence, which comprises representatives of government agencies and non- governmental organizations, including the National Network to Combat Violence against Women and Families. Actions have been geared to prevention, promotion, detection, care and rehabilitation of cases; thus, the amendments to Act No. 27 of 16 June 1995, contained in Act No. 38 of July 2001, set out other provisions for protecting boys, girls and teenagers from the various forms of domestic violence and abuse. We recognize that the challenges posed by the implementation of Act No. 38 of July 2001 have required concerted efforts on the part of the women s movement, women s organizations and the relevant governmental agencies, and that only a coordinated strategy can ensure effective compliance with the law so that our country can move forward in eradicating violence from people s lives. It should be noted that we are working, on the basis of these achievements, to comply with the various agreements and conventions ratified by Panama and to eliminate discrimination against women and children. Most importantly, this will afford the Panamanian people a quality of life marked by equal opportunities, a prerequisite for strengthening democracy. We are currently in the process of formally submitting to the governmental authorities the National Plan for Curbing Domestic Violence and for Civil Coexistence, which is aimed at reducing the growing violence that is a daily reality in Panamanian society. It is an instrument which seeks to overcome sociocultural, institutional and judicial obstacles, with a view to tackling the multiple dimensions of the problem of domestic violence. Also proposed are actions to provide the population with the skilled human resources and adequate services needed for comprehensive, timely, high quality and humane care. It is a comprehensive plan which emphasizes the promotion of human rights, the gender perspective, social equity and national solidarity, and envisages protective measures for survivors of violence and actions to punish aggressors for domestic violence-related offences. It also promotes and disseminates the rights of Panamanian women and calls for concerted efforts to combat and eliminate domestic violence against women. Local plans have been formulated in the pilot communities of Soná and San Miguelito, resulting in a local model for preventing and addressing domestic violence by establishing the technical capacity for its implementation in the health, judicial and education sectors, particularly in such areas as strategic planning, evaluation and followup of social prevention projects, and addressing domestic violence, all designed for the managerial, administrative and operational personnel of the competent authorities. The compilation of statistical data on gender violence is a complex process. In 2002 the National Women s Office created the Panamanian system of gender indicators, a database which groups a series of indicators in the following categories:
GENDER VIOLENCE Domestic violence - Domestic violence cases reported through the health care system - Domestic violence cases reported through the Judicial Technical Police - Legal implications of domestic violence Sexual violence - Rape - Incest - Sexual harassment Prostitution Institutional violence Most of the data is entered in the records of the health and judicial authorities. In 2003 the Ministry of Health, through the Office of Health Policies, recorded in its report on Suspected cases of domestic violence and abuse of minors a total of 1,200 cases, 876 of which were perpetrated against women, mostly in the range of 20 to 49 years of age. At Santo Tomás Hospital, the record of suspected violence cases in 2003 shows a ratio of 168 men to 532 women who suffered domestic violence, with the largest group ranging in age from 35 to 49 years. Likewise, complaints of domestic violence recorded by the Judicial Technical Police in 2002 comprised 1,920 cases, and 10 cases of homicide resulting from domestic violence were also recorded in that year. Women and the exercise of power and decision-making In the area of governance, our country undertook, at the Fourth World Conference on Women held in Beijing in 1995, to contribute to the eradication of all forms of discrimination and any obstacles impeding the full development of women on an equal basis with men. The Panamanian State has formulated public policies that are en route to being implemented, thus guaranteeing equal opportunity for men and women in the economic, political, social and cultural spheres, through the incorporation of a gender perspective and the achievement of real equity for Panamanian women, youth and girls without discrimination. The Government recognizes that equality, development and peace can be achieved if women participate in all spheres of society, and that the strengthening of democracy depends on men and women having the same rights and opportunities, leading to better government administration.
Women s participation in the executive branch is evidenced by the first female President of the Republic, Her Excellency Ms. Mireya Moscoso, who has the distinction of being the first woman to occupy the highest political office in the history of the Republic (1999-2004). The current administration has managed to increase the presence of women in high public office. Currently, 4 of the 13 ministries are headed by women, namely, the Ministry of Education, the Ministry of the Presidency, the Ministry of Youth, Women, Children and Families, and the Ministry of Agricultural Development. This represents a 31 per cent participation rate for women in the executive branch for 1999-2004. With regard to viceministries, we find four women in such posts, as is the case with the Ministry of Public Works, the Ministry of Youth, Women, Children and Families, the Ministry of Foreig n Affairs and the Ministry of Labour and Development, which represents 31 per cent. Out of a total of 27 posts in the executive branch, women s participation rate is 29.6 per cent (see table 1). Table 1 Participation in government 2003 Panama Sex Participation in government Men Women Total Executive branch Total 19 8 27 Ministers 9 4 13 Vice- Ministers 10 4 14 Legislative branch Total 181 32 213 Legislators 63 8 71 Alternates 118 24 142 Judicial branch Judges, magistrates and public defenders 149 129 278 Source: Ministry of the Presidency; executive branch; secretariat, Legislative Assembly; Centre for Judic ial Statistics; judicial branch In the judicial branch, women have achieved a higher rate of participation than in the other branches of government; out of a total of 278 posts of judge, magistrate, and legal defender, women occupy 129 posts, or 46.4 per cent, in a field that has traditionally been dominated by men. According to data provided by the secretariat of the Legislative Assembly, there are 71 legislators in total, of whom 8 are women (3.8 per cent) (see table 1). Mention should be made of the adoption of important legal instruments that are regarded as advances in equity, such as the following:
Act No. 22 of 14 June 1997 amending the Electoral Code and adopting other provisions Women are guaranteed by law a 30 per cent share of candidacies for posts in political parties or for election to public office. Act No. 4 of 29 January 1999 establishing equal opportunity for women The primary objective of the Act is the development by the Government of an anti-discriminatory gender policy. It comprises two titles: Title I ( Equal Opportunity ) is subdivided into a chapter which sets out government policy on equal opportunity for women and men, the principles on which the law is based, the anti- discriminatory gender policy, and a glossary of terms used in the Act. Title II ( Rights Deriving from Equal Opportunity ) is also subdivided into 13 chapters, namely: Chapter I ( Human and Economic Development ), which stipulates that the State must include women in the formulation of the national development plans envisaged by the gender perspective; Chapter II ( Power and Political Participation ), which mentions the obligation of political parties to establish implementing regulations for article 196 of the Electoral Code, guaranteeing women 30 per cent of ballot spots and elective posts within the parties. It also contains a section on the obligation to achieve a 30 per cent level of participation by women in the executive branch, community groups, non- governmental organizations, trade unions, cooperatives, guilds and associations; Chapter III ( Legal Equality ), seeks to eliminate vestiges of discrimination in the laws and to sensitize and train justice administrators in gender issues; The final chapter ( General Provisions ) contains provisions on the implementing regulations and budget for the Act and the establishment of sectoral machinery for women within the public entities that will be responsible for the consideration, promotion and supervision of the policy set out in the Act. Executive Decree No. 53 of 25 June 2002, regulating Act No. 4 of 29 January 1999, which establishes equal opportunity for women
With a view to ensuring the effective implementation of Act No. 4 (Equal Opportunity Act), the executive branch, through the Ministry of Youth, Women, Children and Families, established regulations for the Act. Measures and actions to be carried out by the Government through all of its institutions and organs were established to implement the policy of equal opportunity for women. Among the actions and measures described in Chapter II are the following: The district councils shall allo cate space and infrastructure for the establishment of a leadership training school whose function shall be to train women in order to enhance their political and civic participation; The Ministry of Youth, Women, Children and Families shall establish a monitoring mechanism to guarantee a participation rate of not less than 50 per cent by women from diverse communities in all decision- making bodies and structures for the negotiation of public policies. The media, indigenous and Afro-Panamanian congresses, trade unions, associations and community groups shall be governed by this parity principle and may avail themselves of the parity mechanism in order to denounce failures to comply with it. Women and HIV/AIDS From 1990 to 2000 there were 124 cases of HIV- infected women from 15 to 24 years of age, of whom 79 died during that period (Ministry of Health, 2001). According to the integrated system of development indicators, the mortality rate from the disease among the population was 6.3 in 2000. In 2000 there were 550 new cases of HIV infection. Analysis of the figures shows a significant change in the relative risk from when the epidemic began. During that period (1984-1991) the ratio of men to women with HIV was 5 to 1; in 2000 it was 3 to 1. Neverthele ss, if we examine the ratio of men to women in the youngest age group (15-24 years), it was 1.35, and for adults aged 25-44, it was 2.75, which indicates that the gap is narrowing. The presence of the epidemic, especially among the youngest group, has more serious consequences since it also facilitates vertical transmission to newborn babies. In terms of progress in this area, since 2000 our country has enacted a new law, Act No. 3 of 5 January 2000 (General provisions on sexually transmitted infections, human immunodeficiency virus and AIDS), which establishes a national programme on promotion, prevention, training, research and integrated care of sexually transmitted infections and HIV/AIDS and stipulates the rights and obligations of sick persons or carriers. This Act pays special attention to perinatal transmission, providing for diagnostic tests and special treatment for pregnant women who are Rh- positive, in accordance with established norms (art. 24). In the case of other sick persons and carriers of sexually transmitted infections and HIV, article 25 provides that the executive branch shall, through
the Ministry of Health and in coordination with other sectors, negotiate the financial resources to fund integrated care. Social security offers triple therapy to those who are insured. The Republic of Panama has taken on the challenge of stopping and reducing the incidence of HIV/AIDS by 2005. Information campaigns have also been carried out and educational material has been disseminated to the popula tion in general and women in particular. Access to health benefits Health services are freely accessible to everyone; there is no distinction or discrimination as to sex. The Ministry of Health has made major investments with a view to improving the quality of care and modernizing health services. Within the Ministry of Health, specifically within the Office of Public Health Services, there is a medical committee which plans activities in the area of feticide and maternal mortality. There are also protocols for investigating cases of pregnant women who are victims of violence. Maternal mortality in Panama shows a trend that has been established since the 1980s, with rates fluctuating around 0.06 per 1,000 live births. In 1990 the rate was 0.5 and in 2000 it was 0.6. Eighty per cent of maternal deaths are due directly to obstetric causes, of which the main ones are haemorrhage, complications of hypertension during pregnancy, abortion and post-partum complications. In 2000 the average rate in urban areas was 0.03, while in rural areas it was 0.9 per 1,000 live births (see graph 1). Graph 1 Maternal mortality rates by area, 1990 and 2000 1 0.9 0.8 0.8 0.9 0.7 0.6 0.5 0.4 0.5 0.6 0.3 0.3 Total Urban Rural 0.3 0.2 0.1 0 1990 2000 Rates per 1,000 live births. Deaths due to complications of pregnancy, childbirth and post-partum.
We can also note that in 2000, 90.5 per cent of deliveries in Panama received professional care, and 90.3 per cent occurred in a health care institution. There are, however, gaps in rural (81.3 per cent) and in urban (99.6 per cent) areas. Delivery care coverage shows an increase from 86.3 per cent in 1990 to 90.5 per cent in 2000, with a larger increase in rural areas, where it rose from 75.4 per cent to 81.3 per cent during that period. Graph No. 2 shows births per 10,000 inhabitants occurring in health- care institutions and those which were attended by a home health- care professional (doctor, obstetrical nurse, nursing auxiliary or health- care assistant). Graph 2 Percentage of births attended by qualified personnel 120 100 80 86.3 99.3 99.6 90.5 75.4 81.3 Total 60 Urban Rural 40 20 0 1990 2000 Source: General Accounting Office, Vital Statistics. There is a need to reach a level of delivery care coverage of close to 100 per cent. In the meantime, training programmes and follow- up of traditional births can facilitate the timely achievement of that goal and improve the practices contributing to clean and safe deliveries in areas with high rates of maternal mortality, a high percentage of home deliveries, a dispersed rural population and an indigenous population. Achievements in the health sector 1. Rules and procedures have been disseminated and a training process has been conducted in the 14 health regions. 2. Intersectoral coordination among the various actors (National Committee for Criminal Statistical Analysis (CONADEC), Ministry of Health, Institute of Legal Medicine, Judicial Technical Police) for the production of information based on common variables in domestic violence. 3. Increased training for various actors (primary care officials of the Ministry of Health and social security, non- governmental organizations).
4. Twelve communit y networks with local plans of action in execution and 11 in formation were established at the national level. 5. Panama s participation in the Juan Díaz Community Network experiment at Symposium 2001 and recognition of the Network as a successful Latin American experiment (Pan American Health Organization/World Health Organization). 6. Elaboration of the gender training plan in the health sector for the consideration of the Training Office of the Ministry of Health. 7. Production and reproduction of teaching materials in the various issues relating to gender and health, gender violence, self-care, posters and research studies. 8. Participation in the formulation of regulations for Act No. 4 of 1999, health workshops, gender and violence indicators for the elaboration of the Second Equal Opportunity Plan. Projections in the health sector 1. Monitor the introduction of cross-cutting analyses of gender and domestic violence in institutional policies, the promotion of community networks and research on the status of women. 2. Promote synergy with the health authorities so that record-keeping and analysis from a gender perspective can have an impact at the local, regional and national level. 3. Promote coordination strategies that can allow for capacity-building within the Programme on Women, Gender, Health and Development. 4. Make an active technical contribution to the formulation and implementation of the National Plan for Curbing Domestic Violence and for Civil Coexistence.