Definitive Report - Report No 368, June 2013

Case No 2921 (Panama) - Complaint date: 31-JAN-12 - Closed

Allegations: The complainant organizations allege a number of violations of trade union rights at the Social Insurance Fund

1. 788. The complaint is contained in a communication from the National Association of Officials of the Social Insurance Fund (ANFACSS), the Association of Employees of the Social Insurance Fund (AECSS), the Association of Dental Practitioners, Medical Professionals and Allied Workers of the Social Insurance Fund (AMOACSS) and the National Confederation of United Independent Unions (CONUSI), dated 30 January 2012.
2. 789. The Government sent its observations in communications dated 16 May 2012 and 8 February 2013.
3. 790. Panama has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 791. In their communication of 30 January 2012, the ANFACSS, AECSS, AMOACSS and the CONUSI allege that since the new administration of the Social Insurance Fund came into office there has been a policy of human rights and freedom of association violations that has been prejudicial to the administrative and health-sector unions. This has allegedly resulted in trade union officials being vilified in the media, bans on exercising the rights to freedom of expression and freedom of assembly, bans on trade union leave, workers being encouraged to resign their trade union membership, transfers of trade union officials without consultation and, lastly, the dismissal of two trade union officials, Mr Juan Samaniego and Ms Elineth Menchaca. Finally, the complainant organizations state that the alleged violations of trade union rights prompted a large number of unions to establish the National Coordinating Body of United Unions of the Social Insurance Fund, through which proceedings have been initiated before the General Directorate.

B. The Government’s reply

1. 792. In its communication of 16 May 2012, the Government states that as a result of an ILO technical assistance mission that visited Panama in January 2012 the Tripartite Agreement for Panama was signed, establishing a committee for the implementation of the agreement and a committee for the rapid handling of complaints regarding freedom of association and collective bargaining. The Government indicates that the present case was examined under the auspices of the latter committee, and with the input of a moderator appointed by the ILO. An agreement was signed, which contained a proposal for the Social Insurance Fund to take steps to resolve five of the allegations presented in the complaint and it was agreed that the joint meetings would continue in order to resolve all the issues raised in the case before the Committee.
2. 793. In its communication of 8 February 2013, the Government states that on 5 December 2012, the Social Insurance Fund signed an agreement on trade union freedoms with the complainant organizations, which was endorsed by the Catholic Church and the Office of the Ombudsperson, in which the Fund undertook to guarantee and promote the principle of trade union freedom, as well as freedom of association and other fundamental rights and guarantees enshrined in the Political Constitution. In addition, the Government indicates that it was also established that: (1) the Social Insurance Fund repeals and renders void the memorandum of 30 June 2010, encouraging workers to resign their trade union membership; (2) all officials will respect the right to affiliate and resign from affiliation with any trade union, free from interference of any sort; (3) the Social Insurance Fund declares its firm respect of the right to freedom of expression and freedom of information, both recognized under the Political Constitution, subject to the limitations established by law, and, consequently, respects and guarantees the right of trade unions to exercise them freely; and (4) modalities were established to facilitate the exercise of the right of assembly and the granting of trade union leave through the distribution of publications, the submission of lists of claims and the granting of trade union leave to trade union officials to enable them to initiate or participate in organizational and training activities.

C. The Committee’s conclusions

1. 794. The Committee notes that, in the present case, the complainant organizations allege a number of violations of trade union rights (bans on exercising freedom of assembly and freedom of expression, bans on trade union leave, workers being encouraged to resign their trade union membership, transfers and the dismissal of two trade union officials) at the Social Insurance Fund.
2. 795. The Committee recalls that in June 2012 it noted that “at the request of the Government and in the framework of the Special Committee for the Rapid Handling of Complaints concerning Freedom of Association and Collective Bargaining, a technical assistance/mediation mission was conducted in relation to the issues raised in the complaint alleging violations of trade union rights at the Social Insurance Fund and that in the context of the mission the parties signed an agreement which contains concrete commitments, including joint meetings. In this respect, the Committee expects that all issues raised in the complaint will be dealt with in accordance with the abovementioned agreement and requests the Government and the complainant organizations to keep it informed of developments relating to the implementation of this agreement” [see 364th Report, para. 12].
3. 796. The Committee notes that in a recent communication the Government states that on 5 December 2012, the Social Insurance Fund signed an agreement on trade union freedoms with the complainant organizations, which was endorsed by the Catholic Church and the Office of the Ombudsperson, in which the Fund undertook to guarantee and promote the principle of trade union freedom as well as freedom of association and other fundamental rights and guarantees enshrined in the Political Constitution. In addition, the Government indicates that it was also established that: (1) the Social Insurance Fund repeals and renders void the memorandum of 30 June 2010 encouraging workers to resign their trade union membership; (2) all officials will respect the right to affiliate and resign from affiliation with any trade union free from interference of any sort; (3) the Social Insurance Fund declares its firm respect of the right to freedom of expression and freedom of information, both recognized under the Political Constitution subject to the limitations established by law, and consequently respects and guarantees the right of trade unions to exercise them freely; and (4) modalities were established to facilitate the exercise of the right of assembly and the granting of trade union leave through the distribution of publications, the submission of lists of claims and the granting of trade union leave to trade union officials to enable them to initiate or participate in organizational and training activities.
4. 797. The Committee notes this information with interest and expects that the agreement signed by the parties has taken into account the allegations relating to the dismissal of two trade union leaders. Under these circumstances, the Committee will not pursue the examination of the allegations.

The Committee’s recommendation

1. 798. In the light of its foregoing conclusions, the Committee invites the Governing Body to consider that this case does not call for further examination.