Draft bill 164.

Summary.

The draft bill calls a national plebiscite on the Republic of Panama’s membership in the Central American Parliament (Parlamento Centroamericano, PARLACEN). The ballot would ask citizens whether they agree that the Republic of Panama should remain in that body. Each voter could answer yes or no. The question concerns continued membership in the Central American Parliament; the operative provisions do not themselves order withdrawal or amend the instruments governing the country’s participation. The explanatory statement places the proposal within the discussion of obligations arising from the Constitutive Treaty of the Central American Parliament and the Executive Branch’s authority over foreign relations.

The Electoral Tribunal (Tribunal Electoral) would set the date of the plebiscite, which would have to take place within two years after promulgation of the proposed law. Acting under its legal powers, the Tribunal would call, organize, regulate, finance and direct the vote. The operative provisions thus assign it responsibility for both preparing and conducting the process. The stated period governs when the consultation would be held; the final article separately addresses when the proposed law would take effect.

Every Panamanian citizen would have the right to vote in the plebiscite, subject to Articles 9 and 10 of the Electoral Code (Código ElectoraL), which the draft bill expressly cites. Voting would be nationwide, and a ballot would record a yes or no answer to the question set out in Article 1. The draft bill refers to those electoral provisions to govern the exercise of the vote without amending their text. The consultation would extend to Panamanian citizens and record their answers concerning the Republic of Panama’s continued membership in the Central American Parliament.

Campaigning and publicity concerning the plebiscite would follow Chapter III of Title V of the Electoral Code. Where those provisions are incompatible with the consultation or legal gaps arise, the Electoral Tribunal would issue the corresponding regulations. The draft bill therefore applies the cited electoral rules to campaign activity while assigning the electoral authority responsibility for rules specifically needed for this plebiscite. Its operative provisions establish no separate campaign penalties and make no express amendments to the Electoral Code.

After the vote, the Electoral Tribunal would publish the result. Article 5 expressly provides that the result would be nonbinding. The consultation would therefore convey the position expressed by voters without itself producing a binding decision on membership in the Central American Parliament. The explanatory statement connects that information to possible foreign relations steps by the Presidency of the Republic (Presidencia de la República) and the Foreign Ministry (Cancillería), within the constitutional powers it describes. It also cites the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá), the Vienna Convention on the Law of Treaties (Convención de Viena sobre el Derecho de los Tratados), Law 2 of May 16, 1994, Law 78 of December 11, 2009, and Law 3 of February 7, 2013 as background to the country’s participation and an earlier attempt to withdraw. The draft bill does not amend or repeal those instruments.

The proposed law would take effect on the day after its promulgation. Its provisions would concern the Electoral Tribunal, the National Assembly (Asamblea Nacional), the Executive Branch (Órgano Ejecutivo), the Presidency of the Republic, the Foreign Ministry and the Central American Parliament. They could interest Panamanian citizens entitled to vote, people taking part in the campaign, and sectors engaged in regional integration and foreign relations.