Draft bill 159.

Summary.

The draft bill creates the National Prevention and Early Warning System for Rapid Response in human rights and public order matters throughout the Republic of Panama, including indigenous comarcas, border areas, and maritime territories. Its purposes are to prevent rights violations, limit the escalation of conflicts, promote early protection, facilitate dialogue, and verify measures taken. It would apply to central and decentralized state bodies and autonomous and semi-autonomous institutions. Its governing principles include human dignity, non-discrimination, participation, proportionality, confidentiality, and priority protection for children and adolescents.

The bill defines risk, threat, Early Warning, Rapid Response, and follow-up. It establishes two components: the Ombudsman's Office (Defensoría del Pueblo) would independently monitor risks and issue warnings, while the Ministry of Government (Ministerio de Gobierno) would coordinate the response by competent agencies. Participating bodies include the Ministry of Public Security (Ministerio de Seguridad Pública), Ministry of Social Development (Ministerio de Desarrollo Social), Ministry of Education (Ministerio de Educación), Ministry of Health (Ministerio de Salud), Ministry of Environment (Ministerio de Ambiente), National Civil Protection System (Sistema Nacional de Protección Civil), National Police (Policía Nacional), National Border Service (Servicio Nacional de Fronteras), National Air and Naval Service (Servicio Nacional Aeronaval), Office of the Attorney General (Procuraduría General de la Nación), the relevant Local Government Authority (Autoridad de Gobierno Local), and comarca authorities.

The Ombudsman's Office would designate priority monitoring areas by resolution and could draw on field observations, institutional reports, complaints, public data, and submissions from communities and organizations. Warnings would be classified as Monitoring, Imminence, or Urgency. Each would identify the area, context, populations at risk, threats, recommendations, recipient agencies, and verification indicators. Warnings could be public or restricted according to the risks posed by disclosure, but each would prompt a minimum public notice. The Office would notify the relevant authorities immediately and confirm an Urgency notice in writing within the following twenty-four hours. Imminence and Urgency warnings would be issued within no more than forty-eight (48) hours after the minimum information is assembled. Authorities would also have to address preliminary warnings.

The Ministry of Government would chair the National Rapid Response Commission (Comisión Nacional de Reacción Rápida), whose decision-making representatives would activate protocols, approve an Interagency Action Plan, coordinate measures, and verify results. Members would also include the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) and the National Public Services Authority (Autoridad Nacional de Servicios Públicos). The Ombudsman's Office would have a voice but no vote. The plan would be prepared within three (3) business days of receipt of a warning and identify measures, responsible parties, time frames, and indicators. Provincial governments, municipalities, and comarca congresses would establish territorial coordination bodies. Open Participation Councils would include communities, indigenous peoples, and affected sectors.

A public platform managed by the Ombudsman's Office would record warnings, deadlines, follow-up, and closing reports while protecting sensitive data. Every receiving authority would evaluate a warning and, if it finds the warning warranted, take measures within its powers; unjustified failure could constitute a serious administrative offense. Risks affecting minors would trigger differentiated protection under Law 285 of 2022 (Ley 285 de 2022) and the Convention on the Rights of the Child (Convención sobre los Derechos del Niño). The precautionary principle would apply where a serious risk remains uncertain. The bill requires initial follow-up reports within ten (10) business days and final assessments within ninety (90) calendar days. It allows external assessments, disciplinary investigations, and referrals to the Public Prosecutor's Office (Ministerio Público) concerning possible crimes. The Executive Branch (Órgano Ejecutivo) would provide funding and issue implementing regulations within one hundred twenty (120) calendar days after promulgation. The proposed law would take effect upon promulgation in the Official Gazette. Its provisions concern public security, justice, civil protection, education, health, and public-service bodies, together with communities, indigenous peoples, and sectors exposed to social conflicts.