News
Thursday 27th February 2025.
February 26, 2025
The Attorney General of the Nation, Luis Carlos Gómez , considers that the two resolutions (one from the board of directors and another from the administrator) of the Panama Maritime Authority of 2021 that declared the automatic extension of the Panama Ports Company (PPC) concession contract of 1997 are “unconstitutional.”
Gómez’s opinion, dated February 19, 2025, is reflected in an opinion requested by the Supreme Court of Justice in relation to the unconstitutionality claim filed (last February 3) by citizens Norman Castro and Julio Fidel Macías.
In his opinion, Gomez concluded that the plaintiffs “have shown that when negotiating this contract, it was improperly agreed to transfer exclusive rights of the Panamanian State, affecting social welfare and the public interest, thereby affecting free competition.”
According to the opinion of Attorney Gómez, clause 2.1 of the contract that allows PPC to operate structures other than those granted violates articles 1, 2, 19, 32, 50, 159 and 29 of the Constitution , since land is given for the operation of a future extension of that port center.
According to Gómez, the provisions of this article grant PPC a broad spectrum of exclusive rights over port management, including the possibility of expanding at no additional cost and with preeminence over third parties. In addition, it protects the company from competition in strategic areas and guarantees legal security in tax and customs matters.
For the attorney, the aforementioned contract restricts the sovereign exercise of state power and grants privileges and jurisdictions in favor of PPC to the detriment of other companies, which generates an open violation of articles 2 and 19 of the Constitution .
It also recognises that the State cannot condition its power to administer public property on the approval of a private concessionaire, since this implies an implicit renunciation of its sovereignty and an unconstitutional restriction of its powers.
Another aspect that Attorney General Gómez considers highly damaging within the contract is the fact that it prevents competition from other companies and grants it a preferential right over future concessions at the Rodman Naval Base , which constitutes an undue privilege and gives the company a dominant position without justification of public interest.
Gómez also argues that the contract in question grants “disproportionate” prerogatives and rights in favor of PPC, which creates conditions that de facto monopolize powers that correspond to the State to manage its public resources autonomously.
The court alleges that Article 50 of the Constitution , which establishes that private interests must give way to public interests, has also been violated, since the contract provides PPC with facilities and installations on Telfers Island (Colón) and in Diablo (Panama) without any type of state supervision.
It recognises that this situation prevents the State from reallocating these resources to other operators that generate greater benefits for the country, which affects the general interest and undermines the principles of general interest and social justice.
On Tuesday, through edict No. 241, the Court opened a 10-day period for interested parties to present opinions regarding the unconstitutionality claim filed. This period will begin to run after the publication of the aforementioned edict for three days in national circulation newspapers.
The Third Municipal Family Court ordered the arrest of former representative of San Francisco, Carlos Pérez Herrera , for failure to pay child support.
Sources from the Judicial Branch confirmed that Pérez Herrera is being held in the Tinajitas Penitentiary Center , in the district of San Miguelito, due to a process that has been underway for several years in the family jurisdiction.
The sources explained that Pérez Herrera is in arrears in the payment of his obligations to the court, close to 30 thousand dollars , and that his preventive detention was ordered for failure to comply with his commitments.
Pérez Herrera served as a representative of the San Francisco district for several years, until he was defeated in the May 2024 electoral tournament by independent candidate Serena Vamvas .
Upon his arrival at the San Francisco Communal Council, Vamvas denounced a series of alleged irregularities in the management of funds allocated for decentralization.
He also said that he would go to the Public Prosecutor’s Office to investigate these anomalies and establish the corresponding sanctions for those found responsible.
The alleged irregularities found by Vamvas include the loss of documents and the delivery of financial support by the Communal Board without proper justification.
The deputies that make up the Budget Commission of the National Assembly approved this Wednesday, February 26, a transfer of funds for 91.6 million dollars to the Disability, Old Age and Death Program (IVM) of the Social Security Fund (CSS) .
Health Minister Fernando Boyd appeared before the commission to support the transfer.
The funds came from various institutions. Representative Betserai Richards explained that, for example, 494 thousand dollars were cut from the budget of the Comptroller’s Office.
The Ministry of Foreign Affairs had its budget cut by $300,000, while the Ministry of Health had its budget cut by $47 million.
The Ministry of Economy and Finance, for its part, had $2.5 million deducted from its budget, which was intended to pay compensation to private companies, and $15.4 million from other funds.
The Minister of Health explained that this transfer will be used to provide resources to the IVM and partially cover the costs of the pension corresponding to the month of February 2025.
A team of park rangers from the Ministry of the Environment (Miambiente) and agents from the Environmental Police detected illegal logging within the boundaries of the protected area of the Omar Torrijos Herrera Park.
The discovery occurred during a patrol in the community of Santa Marta, Juan Julio sector, in the province of Coclé.
In light of this situation, Miambiente reported through a press release that it will proceed with the corresponding procedures and take the pertinent legal actions.
The Omar Torrijos Herrera Park was created by Executive Decree No. 18 of July 31, 1986, as a posthumous tribute to General Omar Torrijos Herrera, promoter of the conservation and recovery of the nation’s natural resources, who died in an airplane accident on Marta Hill, located within the park’s boundaries.
With 25,275 hectares of primary forests, this emblematic mountainous space is part of the National System of Protected Areas, under the custody of Miambiente. It is located in the Central Mountain Range of Panama, bordering to the north with El Copé, in the province of Coclé.
Within its boundaries are the Peña Blanca and Marta hills. These boundaries run along the mountain range that divides the waters between the Caribbean Sea and the Pacific Ocean, and the point of union between the provinces of Coclé, Colón and Veraguas.
From Panama City, you can get there by taking the highway that starts from the Inter-American Highway, right at the entrance to the community of La Candelaria, approaching the community of El Copé.
The route is approximately 30 kilometers (km). Then, you must continue north along a dirt road until you reach the community of Barrigón.
In this community, there is a path of approximately 4 kilometers that ascends to El Calvario hill, inside the park.
From Natá (west): 14 km after Natá on the Pan-American Highway, you will find the community of La Candelaria. Turn left and take that entrance until you reach the community of El Copé (approximately 35 km). From this point, follow the same directions mentioned above.
Panama was one of 65 countries that abstained from voting in favor of a resolution demanding the immediate, complete and unconditional withdrawal of Russian military forces from Ukraine.
The vote took place on Monday, February 24, at the United Nations (UN) General Assembly . The resolution was approved with 93 votes in favor, including those of the European Union, while 18 countries voted against, including Russia, the United States (US) and Nicaragua.
Along with Panama, Costa Rica, El Salvador and the Dominican Republic, among others, abstained. Coincidentally, these four countries are among the five that US Secretary of State Marco Rubio recently visited . Guatemala, where Rubio also visited, voted in favor.
Rubio visited Panama amid tensions between the two countries following President Donald Trump ‘s threat to seize back control of the Panama Canal, alleging that its operation is influenced by China, a claim that has been flatly denied.
Mariana Betsa , supporting the initiative, urged countries to remain faithful to the UN Charter, stating that the decisions taken “will determine the future of Ukraine, Europe and all of humanity.” She added that the UN is under attack because Russia has undermined all the foundations of the organization’s Charter. “Moscow wants to base the world on force, not on international order,” she said.
“Russia believed that Ukraine would fall in three days, but the myth of Russian military capabilities has been shattered. Solidarity has shown that unity and the UN Charter are above anarchy,” he added.
On the other hand, Panama voted in favor of a resolution promoted by the United States in the UN Security Council. The document, titled The path to peace , calls for an end to the conflict, but does not mention who started it or establish conditions for peace. That is, there is no reference to Russia, nor is there any mention of invasion or war. Some have called this resolution “watered down.”
Panama’s stance has been harshly questioned. Alfonso Illueca , a lawyer and professor of international law, described the act as “disgraceful” on his X account.
Panama’s Foreign Minister Javier Martínez-Acha defended the country’s decision to abstain in the recent vote of the United Nations General Assembly on the conflict between Ukraine and Russia.
He said that Panama’s position does not imply a change in its previous position, but rather responds to the current circumstances of the peace negotiations.
“Voting abstention does not mean that we are reneging on what we have done previously,” said Martínez-Acha, stressing that the proposal presented by the European Union contained restrictions that could affect the necessary concessions between the parties involved.