Draft bill 206.

Summary.

The draft bill frames its proposal by reference to Article 117 of the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá) and Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (Pacto Internacional de Derechos Económicos, Sociales y Culturales), approved by Panama through Law 13 of October 27, 1976. Its explanatory statement also refers to the interpretation of adequate housing given by the United Nations Committee on Economic, Social and Cultural Rights (Comité de Derechos Económicos, Sociales y Culturales de las Naciones Unidas). It describes housing access difficulties faced by lower income households and families occupying land without a registered title, as well as earthquake damage in Veraguas. It mentions families living in protected areas, including areas within the boundary markers of the Santa María River Basin and Héctor Gallego National Park.

Article 1 proposes adding Article 2-A to Law 61 of October 23, 2009. Under that article, the absence of a property title registered with the Public Registry would not, by itself, prevent a person or family from being assessed and potentially benefiting from social housing, housing assistance, rehabilitation, reconstruction or relocation programs carried out by the Ministry of Housing and Land Use Planning (Ministerio de Vivienda y Ordenamiento Territorial). Occupancy or habitual residence could be established through certificates issued by a community judge. This means of establishing residence would remain subject to the other applicable eligibility requirements for each program. The proposal would therefore allow applications to be considered where a person's connection to the home or land is not supported by a registered property title.

The same article sets out a rule for a declared national state of emergency or an emergency declared in a territory affected by a natural disaster. In those circumstances, the location of a damaged or destroyed home within a protected area would not, by itself, justify denying either assessment or the allocation of a housing solution. The Ministry of Housing and Land Use Planning would coordinate with the Ministry of Environment (Ministerio de Ambiente) to determine the appropriate option. That option could be reconstruction or relocation of the affected people to a suitable site where reconstruction is not feasible. The proposed choice of housing solution would thus involve assessing the site of the affected home and whether rebuilding there is feasible.

The proposed article further provides that it would confer no ownership or possessory rights and would not affect third party rights. In declared emergencies, access to housing granted to affected people would not exempt them from rules on pollution prevention, protection of natural resources, waste management and building safety. Other environmental obligations would also continue to apply where they are compatible with implementation of the housing solutions. These conditions would accompany both the handling of applications and the implementation of the appropriate housing option.

Article 2 would require the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within 30 days after promulgation. Article 3 reiterates that the amendment consists of adding Article 2-A to Law 61 of 2009. Article 4 provides that the law would take effect on the day after its promulgation in the Official Gazette. The draft bill concerns the Ministry of Housing and Land Use Planning, the Ministry of Environment, the Executive Branch and community judges. Its provisions could be of interest to households seeking social housing, rural communities, people affected by natural disasters, and sectors involved in housing construction and protected area management.