Bill 60.

Summary.

The bill amends article 4 of Law 79 of 2011 by defining trafficking in persons, exploitation, related activities, abuse of power, and situations of vulnerability. The defined conduct includes sexual exploitation, forced labor or services, forced begging, servile marriage, irregular adoption for exploitation, and unlawful removal of elements of the human body. It also defines victims’ access to justice through protected participation in proceedings, the possibility of giving testimony by electronic means, and compensation orders. Its definitions address harms to a victim’s life plans and mental health, as well as the responsibilities of public entities acting within their respective powers.

It expands the functions of the National Commission against Trafficking in Persons (Comisión Nacional contra la Trata de Personas) in institutional coordination, protection of victims and witnesses, social reintegration, studies, and statistics, with advice from the National Integrated Criminal Statistics System (Sistema Nacional Integrado de Estadísticas Criminales). These activities would extend across provinces, rural areas, comarcas, and islands in Panama. The bill sets out the membership of the Governing Council (Consejo Directivo), bringing together public authorities and representatives of the private sector and civil society, and establishes rules for representation at its meetings. Selection of the civil society representative would be regulated within a maximum of 1 year after promulgation.

The Governing Council would certify civil society organizations to assist victims and would grant annual public recognition to an institution for its work against trafficking. The Commission’s General Secretariat would evaluate the National Plan, safeguard case files, represent the Commission in regional bodies, and notify a destination country when protection ends for a repatriated, returned, or resettled victim. A Legal Advisory Unit (Unidad de Asesoría Legal) would be added. Commission resources would include budget appropriations, contributions, donations, and proceeds from seized assets. The Commission would prepare its budget; the Executive Branch (Órgano Ejecutivo) would cover shortfalls, while the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) would advise on resources and allocate appropriations to member institutions.

The bill recognizes victims’ rights to physical and emotional protection, privacy, accessible information, accommodation, medical and psychological care, legal assistance, immigration protection, voluntary repatriation, access to justice, and compensation. Care would also extend to dependants and related persons and continue at least until they can support themselves economically in freedom, subject to the stated exceptions. A victim could not be prosecuted or punished for immigration circumstances or unlawful activities directly resulting from victimization. Following a conviction, the judge would order compensation for expenses, lost income, and harm, with payment taking priority over other orders or fines except maintenance payments. Confidentiality duties would extend to bodies handling investigation data; use of protected case information for studies and statistics would require the General Secretariat’s authorization.

Protection for victims, witnesses, and dependants would apply before, during, and after proceedings without making cooperation with the investigation a condition. The bill provides for accommodation outside detention facilities, interdisciplinary care, legal advice, and interpretation. A person with reasonable grounds to believe someone is a victim would report the matter to the National Police (Policía Nacional), the Public Prosecutor’s Office (Ministerio Público), or the General Secretariat. The Technical Unit for Victim Identification and Care (Unidad Técnica de Identificación y Atención de Víctimas) would issue a preliminary report and a full identification report within a maximum of ninety days. On that basis, the National Migration Service (Servicio Nacional de Migración) would grant a humanitarian protection permit for a period of no less than ninety days and, after full identification, another lasting one year, renewable for the same period up to a maximum of 6 years.

For child victims, the bill requires trained professionals, the presence of the National Secretariat for Children, Adolescents and Families (Secretaría Nacional de Niñez, Adolescencia y Familia), and private hearings. It assigns assistance according to the victim’s circumstances to that Secretariat, the Ministry for Women (Ministerio de la Mujer), the National Disability Secretariat (Secretaría Nacional de Discapacidad), or the Ministry of Social Development (Ministerio de Desarrollo Social). It regulates deposits at the National Bank of Panama (Banco Nacional de Panamá) and use of the Special Fund for Victims of Trafficking in Persons. Seized and forfeited property would support victim compensation and care under the Criminal Procedure Code (Código Procesal Penal).

In the Criminal Code (Código Penal), the bill changes the accumulation of penalties when multiple offenses include trafficking, penalizes the sale of children, and redefines trafficking, the use of property and digital services to commit it, and unlawful dealings in elements of the human body. It establishes aggravating circumstances and rules on the legal effect of consent, and repeals articles 180, 190, and 456-D. It amends Law No. 16 of 2004 to divide a charge paid by foreign nationals leaving the territory between the fund against sexual exploitation and the Commission. It authorizes institutional appropriations and assigns implementing regulations to the Executive Branch through the ministry responsible for public security. The provisions would concern justice, security, migration, health, and social protection bodies, civil society organizations, and the transport, tourism, digital services, and financial sectors.