This Tuesday, the day Panama celebrates 200 years of independence, Panamanians woke up to the news that the Supreme Court unanimously declared the controversial Law 406 “unconstitutional.” The regulations, approved on October 20, allowed the concession for 20 extendable years to the subsidiary of First Quantum Minerals, a Canadian company, which has operated the largest open pit copper mine in Central America since 1997. The environmental impacts and the limited discussion previous social protests sparked massive protests for more than a month. Thousands of protesters paralyzed the country calling for the closure of the company, located in a protected space.
With the decision of the courts, this law is “expelled from the regulatory system,” according to the president of the Court, María Eugenia López Arias. “This is another equally important independence,” explains Serena Vamvas, an environmental activist. “We are celebrating the independence of another colonial enclave that they were placing for us. But power emanates from the people,” she assured.
For his part, President Laurentino Cortizo wrote on his X social network account—formerly Twitter—that he receives and abides by the decision of the Supreme Court. “I reiterate to my country my total conviction about the value of justice as the backbone of democracy,” he wrote.
The Court’s ruling addresses two claims admitted for processing (of the dozens presented). One of them was filed by lawyer Juan Ramón Sevillano Callejas, and goes against article 1 of the law, which refers to the approval or disapproval in the National Assembly of Panama, in contracts to which the State is a party or has an interest. , but whose celebration is not previously regulated, among other considerations, according to the official gazette with the law. The other lawsuit was presented by activist lawyer Marta Cornejo, one of the most recognized faces in the protests against mining extractivism in the country. “We will remain vigilant,” she announced to local media, surrounded by dozens of protesters waving Panamanian flags, celebrating and praying at the doors of the Court.
This decision is expected to put an end to the crisis unleashed by the express approval of the contract that has left four dead, several injured, a teaching strike – which left nearly 800,000 students without classes in the last month – and an economic disaster due to road blockades led by indigenous groups and unions. This is the largest peaceful protest in the country in recent decades, despite the fact that the police response was called “excessive” by the Ombudsman’s Office. After the Court’s ruling, several citizens have begun to unblock all the roads closed by the protests. “We won!” they say to each other.
Two days before learning of the Court’s resolution, the Ministry of Commerce and Industries of Panama reported on its networks that the companies First Quantum Panamá, Minera Panamá and Franco-Nevada Corporation had sent two notifications of intention to file arbitration claims against the Republic. of Panama before the International Center for Settlement of Investment Disputes Under the Free Trade Agreement between Panama and Canada. “Panama affirms that it has complied with all its obligations under international law and Panamanian law and is prepared to defend national interests,” the report concluded. release. The mining company responded to the statement on Monday night, ensuring that the objective of the notification was “merely to comply with formalities” with the purpose of opening a dialogue period of at least 90 days. This request for dialogue was described by Cornejo as “a total lack of respect for Panamanian regulations.” “Absolutely nothing is going to be negotiated with any mining company. New concessions cannot be given,” he told local media.
Although it is a mining project that began operating in 1997, the contract was declared unconstitutional by the Supreme Court of Justice in 2017 due to failures in due process. With the signing of the new contract law in October, the Government ignored this decision and gave free rein to continue exploiting the mine for up to 40 more years. The fear of citizens is that this resolution will once again be ignored. “In 2017, it took almost four years to incorporate it into the official gazette,” Vamvas denounces. “We have to remain vigilant, but this is the victory of the people.”
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