Draft bill 83.

Summary.

The draft bill develops the constitutional framework for states of emergency involving suspended guarantees and for other emergency situations in the Republic of Panama. It defines, among other terms, non-international armed conflicts, natural and human-caused disasters, internal disturbances, external war, internal disruption, and public order. The Executive Branch (Órgano Ejecutivo) could declare a state of emergency involving suspended guarantees in response to external war, internal disturbances, non-international armed conflict, or internal disruption threatening peace or public order. Peaceful strikes, protests, meetings, and demonstrations would not constitute grounds. The threat would have to be real or imminent, affect all or part of the country, and exceed what ordinary measures could address.

A declaration would have to observe the principles of limited duration, publicity, necessity, proportionality, legality, and parliamentary and judicial oversight. The bill preserves, among other protections, the right to life, prohibitions on torture and slavery, recognition as a person before the law, and freedom of thought, conscience, and religion. The Executive Branch would declare the state through a decree agreed by the Cabinet Council (Consejo de Gabinete), specifying its grounds, territory, duration, suspended guarantees, measures, penalties, and reasons for each restriction. Any suspension would be subject to Article 55 of the Political Constitution (Constitución Política), the International Covenant on Civil and Political Rights (Pacto Internacional de Derechos Civiles y Políticos), approved by Law No. 15 of October 28, 1976, and the American Convention on Human Rights (Convención Americana sobre Derechos Humanos), ratified by Law No. 15 of October 28, 1977.

Measures would have to be strictly necessary and proportionate. During the declared period, internet service could be suspended in the affected territory under the power to intercept correspondence and communications. Measures could neither impair the essential core of rights nor suspend habeas corpus or constitutional rights petitions. Use of force by the National Police (Policía Nacional), National Border Service (Servicio Nacional de Fronteras), and National Aeronaval Service (Servicio Aeronaval) would be limited by reasonableness, necessity, and proportionality; cruel and degrading treatment would be prohibited. Measures would follow pronouncements of the United Nations Human Rights Committee (Comité de Derechos Humanos de las Naciones Unidas), the United Nations Human Rights Council (Consejo de derechos humanos de las Naciones Unidas), and the Inter-American Court of Human Rights (Corte Interamericana de Derechos Humanos), as well as those of other specialized international bodies to which Panama belongs.

A declaration by the Cabinet Council would last ten days. Thereafter, the National Assembly (Asamblea Nacional) would have to approve or revoke the Executive Branch’s decisions, in whole or in part. The Government, Justice and Constitutional Affairs Committee (Comisión de Gobierno, Justicia y Asuntos Constitucionales) would oversee those actions and report to the plenary, including through oversight sessions during recess. The National Assembly could suspend the declaration and, if it found rights violations, end it and initiate the specified proceedings against the officials concerned. The Executive Branch would submit public weekly reports to the Legislative Branch (Órgano Legislativo), notify the United Nations (Organización de las Naciones Unidas) and the Organization of American States (Organización de los Estados Americanos) of the measures, and publicize the declaration domestically. Public officials’ acts could be challenged in court. The Judicial Branch (Órgano Judicial) would decide human rights claims within ten days and constitutional challenges within twenty days. The bill assigns liability for improper declarations or suspensions and gives the Ombudsman (Defensor del Pueblo) oversight and citizen assistance duties.

For other emergency situations, the draft bill covers natural or human-caused disasters and serious disruption of a community’s normal functioning, without suspending guarantees or rights. With prior Legislative Branch authorization, funding allocations and programs absent from the General State Budget could be provided, alongside aid and resource mobilization. Emergency declarations under environmental, civil protection, or public procurement laws would count as emergency situations under the bill. Civilian authorities would direct the response, with possible National Police support but without granting that force extraordinary powers. Heads of state entities would face liability for abuses, and people harmed through no fault of their own by emergency measures would have a right to compensation under the law. The bill provides for commencement on the day after publication in the Official Gazette. Its provisions could also affect disaster-affected communities, security services, public administration, and sectors involved in civil protection and public procurement.