Bill 164.

Summary.

The bill defines the Ombudsman's Office of the Republic of Panama (Defensoría del Pueblo de la República de Panamá) as responsible for promoting and protecting human rights recognized in the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá), international conventions, international humanitarian law, and legislation. It would advise people in Panama and Panamanian nationals living abroad, and examine acts or omissions by public servants and providers of public or public interest services. Actions taken by its head in exercising statutory powers would not be subject to administrative or judicial challenges. Its powers would include investigating violations, receiving complaints, studying public policies, monitoring decisions of the Supreme Court of Justice (Corte Suprema de Justicia) and international bodies, reporting to the National Assembly (Asamblea Nacional), and mediating with the parties' agreement to reach binding settlements. Its head could bring judicial actions and appear as a friend of the court with a nonbinding opinion.

The Legislative Branch (Órgano Legislativo) would appoint the head of the institution. The bill sets requirements concerning nationality, age, civil and political rights, criminal history, standing, and specified family relationships. The Government Committee (Comisión de Gobierno) would select candidates from open applications with civil society participation; the National Assembly would elect by an absolute majority within thirty calendar days, with further voting rounds or a renewed selection process if needed. The term would last five years, with reelection permitted. The appointment would be published in the Official Gazette (Gaceta Oficial). The bill governs remuneration, privileges, vacancies, suspension and removal by a two thirds vote of the National Assembly, and incompatible activities that must cease within forty-five (45) days. The institution would continue operating during legislative recesses and states of emergency. Its head would organize regional offices, appoint deputies, and be assisted by a deputy for children's rights; deputies could receive delegated responsibilities and act during absences.

The bill creates an Ombudsman's career service for institutional staff, except the head, deputies, and Secretary General. The head would act as appointing authority and approve the organization and classification of positions. The Technical Board for the Ombudsman's Career Service (Junta Técnica de la Carrera Defensorial) would approve guidelines, regulations, assessments, and training. The National Human Resources Directorate (Dirección Nacional de Recursos Humanos) would prepare and conduct annual assessments. Career regulations would establish disciplinary procedures with due process. The bill also provides for insurance against occupational risks, protection from detention connected with official duties, severance upon termination, a seniority bonus, and a procedure for investigating discrimination or harassment complaints without retaliation.

Any natural or legal person, whether Panamanian or foreign, could approach the Ombudsman's Office without charge, subject to the exception for heads of state bodies acting on matters within their responsibilities. The bill distinguishes guidance, petitions, complaints, and mediation. The institution could act on its own initiative and receive oral, written, anonymous, or digital submissions without formalities; it would notify applicants of admission or give reasons for rejection. Communications with it would be protected against censorship. Petitions alleging human rights violations by judicial officers would be forwarded to the President of the Supreme Court of Justice, who would report the outcome within no more than 45 days.

After admitting a complaint, the Ombudsman's Office could request reports, due within fifteen (15) working days subject to the permitted extension, and inspect records and premises of public institutions and public interest service providers, including detention, health, protection, and educational facilities. Obstruction could lead to administrative and criminal liability; failures to cooperate would be made public and could be reported to the Legislative Branch. Investigations would end in a resolution, without voiding administrative acts or suspending other proceedings. The institution could recommend corrective action, seek penalties under the Consolidated Text of Law 9 of 1994, refer possible crimes to the Attorney General, and keep affected persons informed. Officials receiving recommendations would have to respond in writing within thirty days (30) calendar days.

The bill governs annual and special reports to the National Assembly, protection of complainants' identifying information, and the institution's own budget, subject to financial oversight by the Office of the Comptroller General of the Republic (Contraloría General de la República). It amends Law No. 6 of 2017 to designate the Ombudsman's Office as the National Mechanism for the Prevention of Torture (Mecanismo Nacional para la Prevención de la Tortura), place its functions in a national directorate, include its staff in the career service, regulate selection of the Advisory Council (Consejo Consultivo), and include its resources in the institutional budget. It would also repeal provisions of that law, replace Law No. 7 of 1997, and require implementing regulations within six (6) months after promulgation. Its provisions would concern public authorities, users of public services, civil society organizations, and public, mixed, and private service providers.