Summary.
The draft bill calls for a national plebiscite in which Panamanian citizens registered on the electoral roll would vote on whether to resume or end operations at the copper mine in Donoso District, Colón Province. The call defines who would participate and the activity on which they would vote. The nationwide scope of the plebiscite and the reference to the mine in that district are part of the proposed decision.
The vote would be binding on the branches of the State, in accordance with the principles of citizen participation established in the Political Constitution. The ballot would contain a clear, direct question approved by the Electoral Tribunal. The question set out in the text asks whether the Panamanian State should authorize the resumption of mining operations for copper or other minerals in Donoso District, with “YES” and “NO” as the options. The ballot thus frames the decision as authorization to resume operations, while the call for the plebiscite refers to resuming or ending operations at the copper mine. Voting would be free, equal, universal, direct and secret.
The Electoral Tribunal would be responsible for organizing, regulating, supervising and carrying out every stage of the plebiscite. In performing those functions, it would have to ensure the transparency and integrity of the process. The Executive Branch (Órgano Ejecutivo), through the Ministry of Economy and Finance (Ministerio de Economía y Finanzas), would allocate an extraordinary budget appropriation to the Electoral Tribunal to cover the costs of the plebiscite. That allocation would have to be made within 30 days after the proposed law is promulgated. The text thus links the extraordinary funding to the vote assigned to the electoral authority.
If “NO” wins a majority, the Executive Branch would immediately initiate the legal procedures to end all operations at the Donoso mine without delay, regardless of the legal arrangement under which they are conducted. Those procedures would follow the processes established by law and guarantee due process for an orderly transition and permanent closure of the operation. The draft bill provides that the proposed law would take effect on the day after its promulgation in the Official Gazette.
Given their roles in the plebiscite and its effects, the proposal concerns the Electoral Tribunal, the Executive Branch and the Ministry of Economy and Finance. It would also affect Panamanian citizens registered on the electoral roll and could be of interest to those involved in mining operations and to communities in Donoso District, Colón Province and Panama.
What it proposes.
- Calling a national plebiscite on operations at a copper mine.
- The binding effect of the vote, the ballot question and voting conditions.
- The organization and financing of the plebiscite and the effects of its result.
Who it would affect.
- Panamanian citizens registered on the electoral roll.
- Branches of the State bound by the result.
- Authorities responsible for organizing and financing the plebiscite.
- Those conducting operations at the Donoso mine.
Key points.
- Calls on Panamanian citizens registered on the electoral roll to decide whether to resume or end operations at the copper mine.Art. 1
- Makes the vote binding on the branches of the State, in accordance with the Political Constitution’s principles of citizen participation.Art. 2
- Requires the Electoral Tribunal to approve the ballot question on whether to authorize the resumption of mining operations for copper or other minerals.Art. 3
- Provides that voting will be free, equal, universal, direct and secret.Art. 4
- Assigns the Electoral Tribunal responsibility for organizing, regulating, supervising and carrying out every stage of the plebiscite.Art. 5
- Provides for an extraordinary budget appropriation to the Electoral Tribunal, to be allocated by the Executive Branch through the Ministry of Economy and Finance within 30 days after promulgation.Art. 6
- If “NO” wins, requires legal procedures to begin immediately to end operations, with due process and an orderly, permanent closure.Art. 7
- Sets the effective date as the day after promulgation in the Official Gazette (Gaceta Oficial).Art. 8