US embassy cable - 05PANAMA614

UNCLAS SECTION 01 OF 02 PANAMA 000614 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR WHA/CEN 
G/IWI LKHADIAGALA 
 
E.O. 12958: N/A 
TAGS: ECON, ELAB, PHUM, PGOV, SCUL, SOCI, KWMN, PM, LABOR, HUMAN RIGHTS,POLMIL 
SUBJECT: PANAMA RESPONSE TO CHILD MARRIAGE TASKING 
 
REF: A. STATE 36341 
 
     B. PANAMA 608 
 
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SUMMARY 
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1. (SBU)  Despite laws that permit 14-year-old girls and 
16-year-old-boys to marry with parental consent, legal child 
marriage is uncommon in Panama.  Nonetheless, Panama has 
significant levels of early cohabitation, especially among 
indigenous populations in rural areas.  Panamanian experts 
agree that child marriage among these populations perpetuates 
a cycle of poverty that could be addressed through increasing 
secondary and sexual education.  In Panama, DOL-funded 
initiatives to combat child labor, USAID HIV/AIDs training, 
and Peace Corps youth programming address some of the causes 
and effects of de facto child marriage.  End Summary. 
 
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Legal Age 
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2. (U)  Under Family Code Section 33, boys under 16 and girls 
under 14 years old cannot marry.  Children 18 years old and 
under cannot marry without the consent of a parent or 
guardian.  Under Family Code Sections 53 and 54, a common law 
marriage cannot be formed unless the pair consists of "young 
adults."  Penal Code Section 225 also exonerates cases of 
statutory rape when the author contracts marriage with the 
victim.  Panamanian prosecutors claim that the "marriage 
loophole" also applies to cases of commercial sexual 
exploitation (reftel B). 
 
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DE FACTO MARRIAGE 
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3.  (U)  In Panama, legal marriage is relatively uncommon 
among the general population and even rarer in some 
indigenous groups.  According to the 2000 census, in urban 
Panama and latino Herrera provinces, 29-34% of people aged 15 
and over were legally married, while in the indigenous 
Ngobe-Bugle and Embera Wounan comarcas only 7-9% were legally 
married.  The 2000 Panamanian census does not give a clear 
picture of marriage and cohabitation of minors because it 
does not report statistics for children under 15.  Among 
15-19 year olds, less than 1% reported being legally married 
nationwide, but 10.5% reported that they were cohabiting.  In 
the indigenous Ngobe-Bugle and Embera Wounanan comarcas, 
about 29% and 37% of 15-19 year olds, respectively, reported 
they were cohabiting: 
 
15-19   Married  Cohabit   All 
 
TOTAL   2,559    28,506    268,961 
URBAN   1,417    13,205    166,795 
RURAL   1,412    15,301    102,166 
NGOBE     128     3,356     11,310 
EMBERA      6       216        694 
 
 
4.  (U)  A 2003 GOP statistical study of legal marriage 
showed that girls disproportionately married at a younger age 
than boys.  More specifically, nationwide 12 girls under 14 
were married and 620 girls and 124 boys aged 15-19 were 
married. 
 
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EFFECT ON CHILD 
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5.  (SBU)  Experts in government and the NGO community report 
that marriage and cohabitation among minors mean that 
children are having children, increase the phenomenon of 
child labor, and perpetuate the cycle of poverty.  Indeed, 
the Ngobe-Bugle and Embera Wounan comarcas are the poorest 
areas in Panama.  These experts also agree that programs that 
combat child labor, help children continue their education, 
teach sexual education, and impart self-esteem would most 
effectively combat "de facto" marriage. 
 
6.  (SBU) Legal marriage with minors has been used to 
undermine prosecutions of sex crimes against minor girls 
(reftel B). 
 
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US INITIATIVES 
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7.  (U)  While there are no U.S.-funded initiatives in Panama 
that specifically address the issue of child marriage, 
U.S.-funded initiatives do address some of the causes and 
effects of child marriage.  For example, the Department of 
Labor has funded the following programs that address the 
issue of child labor: 
 
-  The $3 million Child Labor Education Initiative 
(FY2004-2007) aims to increase access to education for 
children working in agriculture and includes activities with 
Ngobe-Bugle and Embera-Wounan children. 
 
-  The $1 million Country Program for Combating the Worst 
Forms of Child Labor (FY2002-2006) strives to help Panama 
identify the worst forms of child labor and to take direct 
action against child labor in both urban and rural areas. 
 
-  The Regional Program to Eliminate the Commercial Sexual 
Exploitation of Children (FY2002-2004) provided technical 
assistance. 
 
8.  (U)  USAID funds a project that includes HIV/AIDs 
training.  In addition, Peace Corps provides training in 
HIV/AIDs and has a Junior Achievement Program that promotes 
youth self-esteem and educates them about life choices. 
 
WATT