Panama: The situation of homosexuals, including societal attitudes, police treatment and state protection

Homosexual relations became legal in Panama on 29 July 2008 (Panama 31 July 2008; Pinknews 14 Aug. 2008) when Article 12 of Decree No. 149 of 1949, which criminalized homosexual acts, was repealed by Executive Decree No. 332 (Panama 31 July 2008; GlobalGayz.com n.d.; see also Pinknews 14 Aug. 2008).

According to the United States (US) Department of State's Country Reports on Human Rights Practices for 2008, homosexuals in Panama face "societal discrimination" (US 25 Feb. 2009, Sec. 5). Similarly, The Panama News reports that there is "bias against homosexuals throughout Panamanian society" (8-21 July 2007). According to a professor of International Affairs at Florida State University (FSU) – Panama (FSU-Panama n.d.), societal attitudes toward homosexuals vary (Professor 8 May 2009). The FSU-Panama Professor provided the following information:

I think society is more tolerant towards gays than towards lesbians [see also Global Rights 17 Mar. 2008, 5]. However, most couples do not directly express that they are indeed in a gay relationship. They tend to use rings to deceive people in[to] thinking that they are married. (Professor 8 May 2009)

A July 2007 article from The Panama News corroborates the concealment of sexual orientation stating that "most of Panama's gays and lesbians maintain their anonymity to the straight community" (8-21 July 2007).

Both Country Reports 2008 and a 2008 Global Rights report on lesbian, gay, bisexual and transgender (LGBT) persons state that homosexuals encounter barriers to employment (US 25 Feb. 2009, Sec. 5; Global Rights 17 Mar. 2008, 9). According to information obtained by Global Rights from a representative of the Panamanian non-governmental organization Asociacion Hombres Y Mujeres Nuevos De Panama (AHMNP) [Association of New Men and Women of Panama (Panama News 8-21 July 2007)], "male and transgender HIV positive individuals have been consistently denied access to testing and treatment" (Global Rights 17 Mar. 2008, 6).

Information on police treatment of homosexuals was scarce among the sources consulted by the Research Directorate. However, a 2008 Global Rights report on LGBT persons in Panama states that the AHMNP received reports that the Panamanian police had assaulted an LGBT person (ibid., 6). Moreover, the Global Rights report notes that LGBT persons are not inclined to inform police of abuse (ibid., 6, 7). Global Rights states that the AHMNP also reports that transgender individuals have been targeted by police, physically abused and have been arrested because they "have altered their appearance in violation of the law" (ibid., 7).

With respect to state protection, the 2008 Global Rights report states that there are no laws that "explicitly protect lesbian, gay, bisexual, transgender or intersex (LGBT) persons from discrimination" (ibid., 4). Similarly, the FSU-Panama Professor stated that while homosexuality is not a criminal offense, "there is no legal protection for homosexuality or gay couples per se" (8 May 2009; see also GlobalGayz.com n.d.). The 2008 Global Rights report notes that the AHMNP is the only LGBT group that has legal recognition in Panama (17 Mar. 2008, 9). In December 2006, Panama voted in favour of the United Nations (UN) Economic and Social Council (ECOSOC) granting consultative status to three lesbian, gay, bisexual and transgender (LGBT) non-governmental organizations (ILGA 13 Dec. 2006; UK Gay News 13 Dec. 2006).

According to Country Reports 2008 and the 2008 Global Rights report, the internal rules of the Panamanian National Police (PNP) consider homosexuality as a "'grave offense'" (US 25 Feb. 2008, Sec. 5; Global Rights 17 Mar. 2008, 3). Similarly, the FSU-Panama Professor notes that police institutions in Panama view member homosexuality as a "grave" wrongdoing (8 May 2009). The 2008 Global Rights report states that police officers have reportedly been dismissed as a result of their sexual orientation and that officers conceal their sexual preferences in order to avoid being fired (Global Rights 17 Mar. 2008, 5; US 25 Feb. 2009, Sec. 5). In a 24 March 2008 UN report, a member of a Panamanian delegation to the UN responds to questions regarding discriminatory practices that affect homosexual police officers by stating that anyone may serve as a police officer "but if any conduct prevented persons – or the force – from carrying out their mandated and assigned duties, then there were rules of conduct that could be applied." The UN report also notes that the Panamanian delegate stated that "[s]exual preference or orientation was not called into question, as long as it did not endanger others of the relevant institution" (24 Mar. 2008). According to the FSU-Panama Professor, homosexuals are the target of jokes in police institutions due to the prevalence of institutional "machismo" (8 May 2009).

In Panama, same-sex couples do not receive the legal recognition that non-married straight couples receive after living together for five years (Professor 8 May 2009; Global Rights 17 Mar. 2008, 10). In addition, same-sex couples are not permitted to adopt children (Professor 8 May 2009; Global Rights 17 Mar. 2008, 10).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Florida State University (FSU) – Panama. N.d. "Faculty Directory." [Accessed 11 May 2009]

GlobalGayz.com. N.d. "Panama." [Accessed 6 May 2009]

Global Rights. 17 March 2008. "Violations of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in Panama Under the International Covenant on Civil and Political Rights." A Shadow Report for the Human Rights Committee Submitted in Conjunction with Panama's (Third Periodic) Report. [Accessed 6 May 2009]

International Lesbian and Gay Association (ILGA). 13 December 2006. "United Nations Grants Consultative Status to LGBT." [Accessed 5 May 2009]

Panama. 31 July 2008. Ministerio de Salud. "Decreto Ejecutivo No. 332." Gaceta Oficial Digital. [Accessed 5 May 2009]

The Panama News [Panama]. 8-21 July 2007. Eric Jackson. "Three Languages, Small Crowd at Local Gay Pride March." [Accessed 27 Apr. 2009]

Pinknews [London]. 14 August 2008. "Gay Sex Becomes Legal in Panama." [Accessed 5 May 2009]

Professor, Florida State University (FSU) – Panama. 8 May 2009. Correspondence with the Research Directorate.

UK Gay News [London]. 13 December 2006. "European Gay Groups Get Consultative Status at the United Nations." http://www.ukgaynews.org.uk/Archive/2006dec/1301.htm> [Accessed 13 May 2009]

United Nations (UN). 24 March 2008. General Assembly. "Human Rights Committee Takes Up Third Report of Panama on Compliance with International Covenant on Civil, Political Rights." (HR/CT/697) [Accessed 6 May 2009]

United States (US). 25 February 2009. Department of State. "Panama." Country Reports on Human Rights Practices for 2008. [Accessed 5 May 2009]

Additional Sources Consulted

Oral sources: Attempts to contact an official at the International Gay and Lesbian Human Rights Commission (IGLHRC) and a professor of International Affairs at Florida State University – Panama were unsuccessful.

Internet sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), European Country of Origin Information Network (ecoi.net), Fédération internationale des ligues des droits de l'homme (FIDH), Freedom House, Gay Times, Human Rights Watch (HRW), International Gay and Lesbian Human Rights Commission (IGLHRC), LegalInfo Panama, Office of the United Nations (UN) High Commissioner for Human Rights (OHCHR), Pink Triangle Trust, Radio Free Europe/Radio Liberty (RFE/RL), ReliefWeb, Reporters Without Borders, Sodomy Laws, UN Refworld, U.S. Committee for Refugees and Immigrants (USCRI).