Arrives in Panama the Accusatory Penal System

Arrives in Panama The accusatory Penal System

Barro Blanco learned lessons... ISSN Edición agosto 1726-0485 ‘16 rbc.com.pa GS Magazine February 2014

Colaboradores en esta edición Editorial José Javier Rivera J.

RUNNING TITLE RUNNING Rafael Fernández Lara Board Giovana del C. Miranda Garzola María Victoria Gonzalez Jiménez Albin Rodríguez Mariela de Sanjur Lisbeth Martéz Francisco Pinzón

José Javier Rivera J. Giovana del C. Miranda G.

Portada y Diagramación: Virginia Medina

Fotografía: Mariela De Sedas de Sanjur Rivera, Bolívar y Castañedas

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2 GS Magazine February 2014 3

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Barro Blanco Content Learned lessons...

29. Politics

34. Panamanian Economy

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47. Ilustrious People

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55. Cultural Capsule Invited 08 Writer

THE ACCUSATORY PENAL SYSTEM ARRIVES IN PANAMA

Norms Consult of interest Doctrine &

PUBLIC ACCESS TO PUBLI- CATIONS OF INTENDENCE Jurispru- OF SUPERVISION OF NON- FINANCIAL SUBJECTS dence CERTAIN ARTICLES OF THE LAW ON PUBLIC PROCUREMENT ARE 21 DECLARED UNCONSTITUTIONAL 26 Legislación y Economía August 2016

Editorial

BARRO BLANCO Learned lessons...

José Javier Rivera - Attorney [email protected]

his long conflict has its project area by application of natural law. genesis in granting by the State of an administrative This is equivalent to a right concession to develop a that is superior to known hydroelectric project that On the other hand indeed the country lacks uses waters of Tabasará a legislative structure that in cases of infra- River and the execution of civil works af- structure projects such as those Conces- fects certain areas of the Ngäbe-Bugle, sion to produce energy or mining activi- as they have raised indigenous communities should exist within plan’s investment ties that live there and peasants who have dealer a rush on issues such as health, demanded the repeal of the concession education, training, communications and andT even demolish entire physical work. other actions that directly impact communities where these projects are carried out. On August 6, I heard a conference by Dr. Richard Cooke, PhD in Archaeology, entitled As example of this neglect is the true fact that “14.000 years of indigenous history in the there are no training institutes to own work metropolitan area of Panama” held in the of these projects nor a medical school that Bio-museum of Panama and in his disser- combines scientific breakthrough with the tation Dr. Cooke proved to the audience old traditional practices of those communities. data of the presence of indigenous tribe not only in the metropolitan area but on the two The agreement between government and borders of Colombia and Costa Rica, respec- authorities of the Ngäbe-Bugle has been tively. It validates the position of claimants signed but requires approval by the gen- in the sense that they have better histori- eral, regional and local congresses; much 6 cal rights to claim reasonable compensa- more than a plebiscite for the will to ap- tion for use of natural resources within the prove or reject this agreement is expressed. Legislación y Economía August 2016

Recalling words and evidence presented Key elements of this agreement imply that by Dr. Richard Cooke, in his keynote ad- concessionaire withdraws from the proj- dress, in areas as close as San Francisco ect, property and assets pass to a trust de la Caleta, Panama Viejo, Juan Diaz, administered by the National Bank; while San Jose Island, Pedro Miguel Island, government creates another trust to guar- in Cocle, ie across the country, there is antee a series of training of human capi- an indigenous history in our metropoli- tal and rural electrification in indigenous tan area has more than 10,000 years. and communities surrounding the project. It is then up to the authorities and individuals, be cau- From technical point of view, they were tious with these concessions. L&E doing the filling of the reservoir to determine whether it works and whether any repair to do. Emptying this reservoir under a well-defined protocols are then produced. It will down and see...

Finally, if the project is feasible from a technical point of view, hydroelectric generation is performed, debts of the parent company with banks paid government may invoke the administrative rescue of the project and in that event the participation of the region in ownership of the project may not be less than 51%.

Approval of this agreement involves cancellation of any concession of hydroelectric projects that exist on the Tabasará river.

This agreement marks a turning point in relations between the government, indigenous, so-called Latino settlers and other communities even owners with property rights registered in the Land Registry in the PHOTOGRAPH: web page Panamá América case of certain projects and activities that are inside the regions or near side because there is a likelihood of conflicts that may affect the implementation of certain projects. 7 Legislación y Economía August 2016 Invited

María Victoria González Jiménez Writer REVISTA SAPIENTIA Governed Nationwide The Accusatory Penal System arrives in Panama

hen the accusatory penal system processing and completion of processes, in went into effect in the Second Judicial Dis- which there is no longer backlog; It is charac- wtrict (provinces of Cocle and Veraguas), terized by more equal participation of parties on September 2, 2011, many were the ex- and their adoption has allowed us to enter the pectations that arose among citizens. group of countries with a modern criminal justice system. It ensures prompt and effec- Lawyers, members of civil society and citi- tive justice, based on principles of separation zens felt about the new judging system com- of functions, full orality, concentration, sim- ing into effect. Some with newfound faith in plification and publicity of procedural acts, justice; others with indifference or skepticism mentoring fundamental rights of citizens. and, perhaps most, hoping that the new procedure would bring more efficient processes Through Law No. 63 of August 28, 2008, precisely one of the concerns of the adminis- Panama adopted the new Criminal Proce- tration of justice and its users, who watched dure Code, which provided for the transfor- the judicial backlog and the huge amount mation of our criminal justice system of in- of detainees in prisons without convictions, quisitorial to the accusatory. Characteristics as the Achilles heel of Panamanian justice. of this system, based on respect for constitutional guarantees, among other things, As stated in its slogan: “Fast, modern and lead to a change in administration of justice 8 participative”, the accusatory penal system and the various stakeholders, such as the ju- (SPA) has shown greater efficiency in the diciary, Public Ministry, Public Defense, the Legislación y Economía August 2016

Institute Legal Medicine and Forensic Sci- ences (IMELCF), the National Police and the Armed Forces in general, the Immigration Department, the Customs Directorate, the Directorate of Judicial Investigation (DIJ), among others; and trial lawyers themselves, who have had to prepare to effectively manage within this system, which orality is also an innovative factor as the processes go from being written to spoken. Journalists covering the judicial area not escape the changes that arise in their news coverage.

In 2012, provinces of Herrera and Los San- tos -Fourth Judicial District, received the SPA in its territory; and 2 Septem- ber 2015, the system was implemented in the Third Judicial District, ie, in the Public Ministry, IMELCF, Public Defender and provinces of Chiriqui and Bocas del Toro. Judicial Body prepared for September 2

This year, from September 2, accusatory penal system work in the First Judicial Dis- trict, this is in the provinces of Panama, Carlos Rivas, Director of the Office of Implemen- West Panama, Colon, Darien and in the tation of Adversarial Criminal Justice System regions Guna Yala, Madugandí, Wargan- (OISPA) the judiciary, explains that this insti- di and Embera-Wounaan, implemented tution will have offices SPA in all branches of in this way in the Republic of Panama. the institution for which are in process of renting suitable premises to the needs of the work, The implementation has required training while building its own infrastructure is achieved. of all stakeholders involved in the process, ie staff occupy different positions: police, In this task, “we have the support of the Of- investigators, experts, attorneys, scien- fice of the United Nations Office on Drugs and tists, lawyers and journalists, who since Crime (UNODC for its acronym in English) ... implementation of the SPA in each prov- who in addition to buildings also support with ince and Judicial district should perform purchase of furniture and computer equipment their tasks girded law to prevent a slip or requiring staff will work in judicial offices.” bad procedure will do away with the case. Meanwhile, the Public Defender, whose infra- Administratively, each institution has formed structure is in charge of OISPA Judicial Au- an Office of Implementation of Adversarial thority, has directed its efforts to train staff Criminal Justice System (OISPA), which is on the new Criminal Prosecution system says responsible for developing the entrance its director, Danilo Montenegro; and the In- to the SPA in each region of the country. stitute of Legal Medicine and Forensic Sci- The OISPA act in concert, but each accord- ences (IMELCF), directs its efforts to expand ing to the needs, activities and mission its infrastructure, improve transportation of each institution, in order to form a gear and computer and technological equipment. 9 that allows the system to function properly. Legislación y Economía August 2016

SPA IN CHORRERA PLAZA SPA EN SAN MIGUELITO MILENIO PLAZA FORTUNA

trophotometer for Forensic Toxicology; one ste- Criminal justice depends more than ever forensic reomicroscope for Forensic Chemistry; Foren- practices and that is why the IMELCF, says Gabriel sic Team for Computer Forensics Cellebrite and Vega Yuil, Director of OISPA of this institution, work ballistic recovery tank for Forensic Ballistics. is carried out to expand the legal medical clinic and upgrade units forensic dentistry, criminalis- The Public Ministry, meanwhile, has complied tics and forensic audit field, among others, are as- with the Plan of Implementation of SPA which sessed in the COREMUSA building. In San Migueli- was developed with collaboration of the ten sub- to, working in the legal medical clinic and forensic committees created for this purpose and which biology laboratory; while in Chepo, design of the goals, targets, critical success factors, indica- facility, as in La Chorrera, where he also plans to tors and action plans included said Delia De expand the Judicial Morgue develop is processed. Castro, Director of Public Prosecutions OISPA.

As experts and other researchers should move “In infrastructure, institution in most cases, will from one place to another, including those sites use the same existing buildings today for its op- inaccessible to perform the skills, the IMELCF has eration, reorganizing internally in accordance with also strengthened the vehicle fleet and replaced Management Model Prosecutor for firms operat- it considering for the expert functions performed. ing in the accusatory penal system and by use of space with use of modular furniture”, he explains, Another important aspect in which they work, adding that “However, it is important to note that in Yuil Vega said, is replacement of computer equip- Panama West we have a building large space and ment and purchase of power plants nationwide. that has been enabling sighted operating in the As for the technological equipment necessary new trial system; Colon works directed at the new for the skills, the IMELCF preparing for implemen- building that will house the Regional Prosecutor of 10 tation of the SPA in the First Judicial District in the province can be enabled to continue implemen- the process of acquiring an infrared table spec- tation; San Miguelito has been processed renting Legislación y Economía August 2016

new physical space to move the institutional management to Villa Lucre while remodeling work was concluded and Panama is being finalized enabling spaces in the Lux building, to carry out further operation Units for Victims and Witnesses, among other offices that will deal with the investigation of criminal acts are brought to the Public Ministry.”

In medium term, implementation of the accusatory penal system will allow the reduction of financial and social costs of criminal justice, as well as the times when a sentence and periods in which victim and the defendant come dictates to restorative agreements damage using alternative methods “In regard to human resources -says Rivas, of dispute resolution Mediation Centers located weeks before an open call for those interested throughout the country where cases can be derived. in aspiring to positions within the SPA in First Judicial District, concurring around 1500 ap- IT PREPARES THE HUMAN RESOURCES plicants for nine hundred positions to be des- ignated was made, between staff headquar- Human resources are fundamental to implemen- ters (magistrates, judges warranty judges to tation of the SPA and institutions devote much trial, judges enforcement, public defenders, of their effort to train both its staff and members victim advocates and directors of Judicial of the National Police and other sectors of secu- Office) and subordinate personnel of Judicial rity forces, Immigration and Customs Enforce- Offices, public Defense and victim Defense.” ment. The Judicial Branch through the Dr. Cesar A. Quintero Correa Superior Judicial Institute, “In terms of human resources -in the Public has done and Enablers intensive courses for op- Prosecutor’s- prior approval of institutional erators accusatory penal system in which trains budget of 2016, a projection of the needs lawyers and officials interested in being part of related to the implementation of the accu- the team SPA including internships and train- satory penal system that would allow us to ing in computer system platform. The Bar Asso- complement the new management model ciation also provides training to its members and was approved Attorney in 2015 for the Third country’s universities graduates, postgraduates Judicial District and additional units to and master degrees are offered on the subject. strengthen it in the First Judicial District in order to adapt our operation to challenge of On the other hand, publisher of the judiciary has criminal procedure reform”, says De Castro. published works on the accusatory penal system aimed at forensic class and students of Law and “In that context he adds, the institution also Political Sciences and Communication and Jour- began process of discharge (ordinary and nalism, which are used by academia and in courses special procurators for Family Affairs and and lectures, books the New Criminal Procedure Children) with creation of new Offices in all accusatory, the Adversarial System of Criminal provinces that are part of the First Judicial Prosecution from a critical perspective, Concili- District, and in specialties such as which ation and Mediation in the accusatory penal sys- they carry the Special Prosecutor for Drug- tem of the Second Judicial District of Panama and Related Crimes and Anti-Corruption Pros- the News Judicial in the accusatory penal system, ecution. This action will free up, to Septem- 11 have been in high demand by topics they address. Legislación y Economía August 2016

ber 2, 2016, a significant number of staff will records, the amount allocated to executed to work in the various sections to be cre- accusatory penal system was B/. 4,902,383 ated for managing cases. He also created in 2011; B/. 4,928,817 in 2012; B/. 2,938,694 the Office of Civil Affairs in West Panama in 2013; in 2014 no specific budget was al- in order to reduce the workload of pros- located to this area since the implementa- ecutors in this area and they can concen- tion was suspended; in 2015, the amount trate on issues of criminal nature”, he said. allocated was B/. 2,268,994 and in 2016, the amount allocated and implementation pro- At this point, the Public Ministry has also cess is B/. 10,713,626”; while the IMELCF ac- undertaken a process of recruitment and count for this year with “a fund for the SPA by selection to work on accusatory penal sys- B/. 800,000 and investment budget funds are tem, which involves performing psycho- available to cope with the system in the First logical tests, tests of theoretical knowl- Judicial District,” said Yuil Vega, who said that edge, skills tests in orality and internships besides an extraordinary credit is managed. within the Republic to learn more about, and practice, the reality of the new mod- Result of implementation in the rest of the el of processing criminal cases, he said. country

De Castro added that this has led to the As mentioned before, with implementation of strengthening of administrative services of the SPA in the First Judicial District, criminal computer science, statistics, protection, hu- jurisdiction changes throughout the Repub- man resources, custody of evidence, among lic of inquisitorial accusatory procedure. In others, which constitute an essential support the results so far achieved in the judicial dis- for the work of the prosecutors in the new tri- tricts in which it gradually implemented the al model. On the other hand, for the IMELCF, system it can see relationship between the recruitment is more difficult because the -ex two systems beyond policy implementation perts must be certified in forensics and thus has meant the organizational and cultural must act as assistants in each specialty in transformation of actors in this process. which wish to work for a period of two years. As indicated in a document provided to Sa- The IMELCF provides training for partici- pientia by OISPA judiciary that presents pants in the system on the chain of custody, impact indicators as of December 31, 2015 among other issues with the aim of providing (preliminary figures), “The impact of judicial SPA officials tools to act in a case properly. activity under this new procedural scheme is reflected in effectiveness of the realization Investment for implementation of hearing guarantee which resulted from 82%, the SPA in First Judicial District 93% and 89% completion for the Second, Third and Fourth Judicial District.” The same The radical change suffered Panama- effectiveness have those discussed proce- nian criminal justice requires the provi- dural acts and resolved in hearings warranty sion of funds to enable each institution as they are performed in an average time of to make the necessary adjustments, 35 minutes, in the Second Judicial District; in purchase equipment, and appoint and 51 minutes in the Third Judicial District and train staff to meet the new challenge. 35 minutes in the Fourth Judicial District.

12 The Public Ministry, according to director Considering the valuable informa- of OISPA, “according to institutional budget tion of interest, then the report on Legislación y Economía August 2016

the impact indicators is inserted. One of the principles of the SPA is the prompt- ness of judicial response, expressed in time Alongside this, a significant legality of inves- resolution processes, registering an average tigative acts, under which are legal declared of 82 days in the Second Judicial District, 19 and authorized by the Judges of Guarantees days in the Third Judicial District and 86 days in 99% of applications in the Second Judicial in the Fourth; time elapsed since the judi- District, 93% in the Third Judicial District is ciary hears the case and decides a substan- also evidence and 98% in the Fourth Judicial tive decision. These recorded times meant District, this indicator reflects the certainty an average reduction of 68% compared to in respect for constitutional guarantees. those recorded in the inquisitorial system, before the effective date of the new process.

The principles of concentration and simplification positively demonstrated to be issued in a large proportion of sentences in the research phase and intermediate, by the application of simplified process immediately, simplified direct, immediate and direct agreements worth. Thus, 92%, 100% and 91% of judgments in the research stages and intermediate in the Second, Third and Fourth Judicial District was obtained respectively.

It is important to highlight the leading role of the Public Defender in resolving cases, verifying that as of December 31, 2015 in the judicial districts that have implemented the SPA have made 50.403 hearings where the public defense has participated in 36.029 hearings, of which 71% stake corresponds to the Second Judicial Dis- trict, 79% stake in the Third Judicial Dis- trict and 73% in the Fourth Judicial District.

13 Legislación y Economía August 2016

Within hearings carried out by the public defense are derived lot of steps that leads to the support Similarly, there have been 459 and 306 trial hear- of their defenses which 46% (65.394) for the Sec- ings in the second and fourth judicial district in their ond Judicial District, 2% (2,472) corresponds to respective order, 197 and 106 dictating sentences. the Third Judicial District and 52% (73.612) of the Fourth Judicial District. Among the steps that they perform are interviews, review and reading file folder, telephone communications, analysis and discussion of the case, public relations, research, notifying, recognition and visual inspection, preparation and submission of written agreement negotiations between other errands.

As noted above, through the SPA has boosted the applicability of various precautionary measures, experiencing today than in the Second Judicial District, of the 3,469 precautionary measures is- Both districts consolidated a total of 765 hearings sued, only 27% responded to preventive detention; and 303 judgments, of which 189 are damning. in the Third Judicial District, of 182 precautionary measures, 28% corresponds to pre-trial deten- Note that in the Third Judicial District at Decem- tion; while in the Fourth Judicial District a total ber 31 2015 there has been no trial hearing, which of 1,441 precautionary measures, preventive de- have been resolved by judges of guarantees and tention accounted for 22% of measures ordered. some are still waiting for the following actions.

A complementary way, a total of 3,918 judgments delivered by the accusatory criminal proceedings in both judicial districts were 3,804 Undoubtedly, all these results had a positive im- convictions, ie 97.1%. While on trial, of 303 pact in reducing pre-trial detainees in contrast to judgments handed down, 62% are damning. before the implementation of the system in each judicial district year, yielding at December 31, 2015 The commitment of the administration of jus- a decrease in the proportion of pretrial detainees tice and especially with the implementation of 45.8% in the Second Judicial District, 13.3% in the SPA has led to fundamental objectives as is 14 Third District and 45.5% in the Fourth District. the fact provide Panamanian citizenship, fair, prompt and expeditious justice are met, respect- Legislación y Economía August 2016

ing constitutional guarantees of all parties in- Extrajudicial mechanisms established within the volved in the process, call prosecutor, victim framework of the law, which are intended for fi- and defense have equal opportunity to be heard. nal resolution of disputes of legal significance, using solutions of voluntary compliance by the parties, or through a court, if necessary, is done During the same period guarantees judges through Mediation centers created by the judiciary to perform such work, where judicial offices of the accusatory penal system causes refer to individuals or legal persons to resolve

have solved the substance of cases treat- ed at hearings, mostly through agreements, which culminated in 3,615 convictions and 3,265 conditional suspension of the process.

The High Courts of Appeals SPA have issued 1,241 decisions to requests for resources appeals. Of which 851 have been resources of the Second Ju- dicial District, what will the system implemented in the Third District resources have been given 46 and 344 resources have been aired in the Fourth Judicial District. Distributed as follows, 889 appeals, 192 and 160 annulments other resources (Habeas Corpus, Recourse Done, among others). 15 Legislación y Economía August 2016

The judiciary has in different provinces already ing and only 7% of agreements have been breached. implemented the SPA with mediation centers as of December 31, 2015 have conducted 940 The judge compliance is the competent au- mediations, 615 in the Second Judicial District, thority to resolve all matters arising during the 321 in the fourth and 4 in the Third District Ju- implementation of sanction, and in particular dicial in its three months of implementation. to ensure that compliance with any sanction

respects fundamental rights, not restrict beyond what is contemplated in the judgment.

Of all mediations we have 59.4% (558) have That is why all judgments and trial guaran- reached an agreement, 20% (188) didn’t tees and conditional suspension of the pro- reach agreements, 20% (188) didn’t at- cess go to courts of compliance for processing and to verify their compliance. As in finished processes can make requests to be resolved in hearings, we can see that has been made in periods presented 3,558 hearings compliance, of which 1,119 hearings for the court enforcement Cocle January 2012 December 2015; 1,172 to Veraguas of October 2013 to December 2015; 768 to 499 to Herrera and Los Santos these two provinces in period from October 2012 to December 2015.

tend and 0.6% (6) desisted from mediation. On the Public Defender, Lic. Montenegro explains that “the division of Defenders in groups A, B and Of the 558 mediations reached an agreement, 53% C has allowed better development of cases and agreed to repair the damage, 45% agreed redress professionalization of each stage. “Many criminal and 2% apologized cases are closed in less time and agreed to pro- that it was done with the vide indemnity. previous inquisitorial mixed system. Those involved in 17% of agreements the process seeking the ex- have been met, 58% tension, as far as possible of are pending compli- Alternative Methods of Con- 16 ance, 18% of agree- flict Resolution and thus ments are monitor- preventing most criminal Legislación y Economía August 2016

cases reach a long, expensive, exhausting trial; for IMELCF says Vega Yuil who stresses listening to the victim and sometimes it is paid that have government backing; however, the damage. Similarly, it has reduced number of given the expertise of the experts that goes detainees preventively in provinces that have beyond the simple diploma accredits pro- implemented the SPA, managing to lower the fessionally, and expensive equipment, the overcrowding and achieving better social rein- contributions they receive are not enough. tegration of the defendants and cumplieno with just compensation to the victim and society. For the Public Defender, “I am informed that one of the biggest obstacles has been getting some To Lic. De officials of the Public Ministry accepted as first Castro, it is choice the Alternate Dispute Resolution Method, important to such as suspensions, mediations or withdrawal. refer the as- Always want agreements worth,” said Montene- sessment of gro, adding that they also have problems where the imple- agreements worth start offering high penalties, mentation of which often leads to having to go to trial. “Af- the accusa- ter the ruling tory penal of the Court system, de- which states veloped by that agree- UNODC and ments should CEJA, pub- explain the lished in year dosage of pun- 2015 “which shows that prosecution changed ishment, we its structure more proactive, flexible, dynamic are demanding and consistent with their duties of enforcing the that applies, law, leaving the structure reflects that of the ju- but in drug diciary; it was possible to materialize separation cases, autho- of functions and further enhanced administra- rization must tive support; today there is a better primary care come from for victims; a little more dedication to alternate the National outputs; It has strengthened teamwork and over- Office (Pan- come culture of the records, to mention a few.” ama), which it delays the case,” he said.

She adds that further statistical figures reflect Often face various difficulties during the im- a higher percentage of convictions and the in- plementation process, says Lic. De Castro. creasing application of alternative outlets. “Sometimes it has affected lack of budget avail- ability; in others, procedures with which must Major obstacles that have had to overcome dur- be met in recruitment for rentals of physical ing implementation space; usually there is some fear of the new or resistance to change.” However, he tells us, The implementation of the SPA in our year after year, given previous experiences, country has had to overcome some ob- achievements have been reached in other prov- stacles that have impeded but also led to inces and lessons learned have been overcome greater effort and creativity of institutions. thanks to the creativity that has allowed to address each of them and find better solutions. 17 “Budget and human resources” have been Legislación y Economía August 2016

Lic. Rivas states that a “great advantage of hav- tors in each area is essential to contribute to the ing charge of OISPA last September, missing process control and encourage staff to continue only last stage of implementation process is working and take on challenge with enthusiasm. that those before I dealt with a lot of the prob- “Imple- lems involves changing mindset of a inquisito- mentation rial accusatory one, particularly Judge Luis Ma- in the Third rio Carrasco, who was initially in charge of this J u d i c i a l work with the SPA Implementation Unit (UISA). “ D i s t r i c t also made He adds that the biggest obstacle to the judicia- us think ry is of a budgetary nature, which is not unique a b o u t to the SPA but our whole system of administra- that once tion of justice. “It is known that only 32.8 mil- initiated lion dollars of the nearly 50 that had been re- implemen- quested for the SPA, both for implementation tation of the Code of Criminal cases take some in the First Judicial District to the three judicial time to reach the Monitoring and Research Section districts in which is already in operation were of Causes. Therefore, institution building should approved. However, thanks to the efforts made initially projected, in case of the common proce- by Judge Ayu Prado for extraordinary credits dure, Section of Primary Care, as well as in Sec- and led to the recovery of certificates of legal tion Decision and Early Litigation, because they deposit unclaimed, in addition to the commit- are what give the first answer to citizens,” he said. ment of the President of the Republic to provide funds required, we will meet the target Septem- For the judiciary, meanwhile, it is clear that much of ber 2, 2016, completing process in the country. “ the success of the implementation depends on the monitoring and follow-up to be given, so as to assess the procedures and staff performance. And so it has. Learnings that are reference for the implementation of the System in Panama “This work has enabled the development of management models, both the Judicial Office and the The gradual implementation has allowed Public Defender, adapting them based on the ex- to go to learn from difficulties encoun- perience gained and according to the needs of the tered in districts where it already oper- system. This also applies to the Technology Plat- ates the accusatory penal system (SPA). form Adversarial Criminal Justice System (PTSPA), which has evolved from an initial version, the sec- On the subject, Director of OISPA Public Minis- ond version used today,” explains Lic. Rivas, adding try indicates that “download process developed that “these four years we have shown that it is es- in Chiriqui and Bocas del Toro, made us more re- sential to publicize the system broadly throughout tailers in the First Judicial District, in order to try society, as much resistance arises from the lack to address all details surrounding the subject, is of knowledge about what represents this change say, look reopenings, extensions, impediments, of criminal procedure, which has been given spe- including judicial decisions that make cases re- cial emphasis to activities awareness and dis- turn to the Public Prosecutor after started this semination to various public and private sectors.” process led to the settlement of cases and provide special equipment that can deal with hear- If there is a lesson learned throughout implementa- ings Mixed system after the start of the SPA.” tion process, adds Rivas, it is that the effort should be 18 together all the institutions collaborating in the ad- He added that participation of senior prosecu- ministration of justice and the effective coordination Legislación y Economía August 2016

of the demic programs should include administration w o r k of courts as an option for staff working in the ju- is the dicial offices; it is essential to provide students o n l y with a professional training consistent with re- thing quirements of an oral, public and adversarial t h a t process, promoting the updating of university will curricula, with the support of those engaged in a l l o w legal education; and continue working towards t h e a change of legal culture that allows us to aban- implementation of the SPA in Panama, don the interpretations that only have a place have the success it deserves all the ef- and validity in an inquisitorial judicial system.” fort and resources that have been invested. Great expectations regarding implementation For IMELCF, improve communication and coordina- in Panama, West Panama, Colon, Darien and tion of work between prosecutors and forensic ex- Comarcas perts, not only in research, but in the hearings and that the prosecution be more involved in knowing Expectations for September 2nd are many. For the expert services provided by the Institute, is the the Public Defender, this day is a big challenge. largest learning implementation, Lic. Yuil Vega says. “We hope that we endowment of human, technological and logistical resources required to undertake this task, taking into account equal- Aspects to improve in the implementation ity of arms which establishes the Criminal Pro- cedure Code and that more than 80% of criminal For the Public Defender, structural and hu- cases are handled by the Public Defender . So man resource aspects need to be improved. we have high expectations,” says Montenegro. “For every day is needed number of personnel, crime rates increase and similarly the num- “Our expectation is that the institutions of the ber of criminal proceedings are opened, which SPA in the provinces of Panama, West Pana- makes a greater demand for Defenders, assis- ma, Colon, Darien and Comarcas Guna Yala, tants, researchers and other staff to address Madugandi, Wargandi and Embera Wounaan, these cases; better facilities and transporta- can work at least under similar standards to tion because the defense required to perform those who have achieved in the Second, Third a parallel investigation of Public Prosecutions.” and Fourth Judicial District where it was possible to install the criminal procedure reform The Judiciary and the Attorney General agree in accordance with the provisions of Law No. that should continue to improve the technol- 63 of 28 August 2008,” says Lic. De Castro. ogy platform SPA and propitiate the proper use by all players in the system to generate She points out, referring to introduction of new additional statistics, released figures on the management models compatible with the ac- operation of the system more easily, use that tual functions of each of the institutions so as information for decision-making and to meet to enable them to develop research more nim- the goal of a completely paperless justice. bly and through teamwork; use methodology of hearings to resolve requests that require, ef- Carlos Rivas adds that it is necessary to go to fective early as judicial immediacy, orality, con- logic and adjusting speed of the new system, tradictory, advertising (where possible) and due internal procedures in different institutions. He process, including promoting the use of mecha- 19 states that “both institutional training and aca- nisms anticipated to resolve the criminal conflict. Legislación y Economía August 2016

For the director of OISPA Judicial Authority, it After implementation, the work continues should be clear that this year the accusatory penal system will be implemented in full, through- As of September 2, the story changes in criminal out the First Judicial District. “There will be procedure Panama. The accusatory penal sys- no segregation or further delays in the imple- tem already implemented nationwide population mentation process... a successful culmination will provide a faster, justice respectful of funda- of process begun on September 2, 2011 is ex- mental rights of citizens. But the work doesn’t pected since it has gained a lot through these end there. a new stage in this process is, accord- five years, drawing on the experience of the ing to Lic. Rivas, in monitoring and following up staff working in the judicial districts where the the implementation to avoid returning to old prac- system is in place to feed back implementation tices of the writing system, strengthen the sys- process... will not be easy because the First ju- tem to overcome resistance to change begins. dicial District has the highest rate of litigation in the country, also comprising four provinces... “It is important to detect these distortions in time, and four counties. However, the institution has prevent the spread, correct them and if necessary it devoted its resources to this company and eliminate root. Similarly, continue training staff, we have trained and committed to the success- not only working in the SPA but all, it is the duty ful completion of this work, and support of the of the institution to ensure that there is adequate Plenum of the Supreme Court staff,” she said. relief staff. In addition, plans to continue building their own infrastructure, not only in the First Judi- cial District, but in the rest of the country,” he says. How OISPA managers feel just a few months to complete this project? By his part Lic. Vega Yuil, emphasis will be on monitoring, monitoring and evaluation in the Optimism is present in the directors of OISPA chain of custody procedures; upgrade proce- Judicial Body and Public Ministry, they say. dures guides units, sections and laboratories and participation of forensic experts at the hearings. “We definitely will be some intense months of hard Meanwhile, Lic. De Castro indicates that contin- work, not only for the Enforcement Office, but for ue to monitor its operation to detect inconsisten- the entire judiciary, but I am confident that on cies, correct shortcomings and avoid setbacks next 2 September will be met everyone’s expec- and inter-institutional level; also, he adds, it tations regarding the system,” says Lic. Rivas. should enhance the innovation process to move forward in the next stages of development SPA. Meanwhile, Lic. De Castro said that “contribute L&E to implementation of a new procedural system is not a simple job. However, it has been fundamental, at least as regards the Public Ministry, coordinated work and team performing various institutional leaders in charge of subcommittees Download, Budget, Human Resources, Management Model, Standards, Technology, Statistics, training, Infrastructure, Disclosure, under management of the highest institutional authority, which allows progress 20 apace and each taking action in their area of responsibility and what is more competition.” Legislación y Economía August 2016

Norms of INTEREST

PUBLIC ACCESS TO PUBLICATIONS OF INTENDENCE OF SUPERVISION Giovana del C. Miranda Garzola - Attorney OF NON-FINANCIAL [email protected] SUBJECTS

he Intendence of Supervision and lice criminal investigation and judicial authorities. Regulation of Non-Finantial Sub- jects issued Resolution No. 011- Similarly, it is considered restricted access any 016 of August 3, 2016, by which it information it sit in the Intendence related to su- is established that is public and pervision and reports and other documents is- freely access all kinds of informa- sued by the administrative actions being car- Ttion published on the MEF website and is related to ried out, and the minutes issued by the Board. the administration, as are all the administrative issues related to operation and public management. They have access to records that relate to punitive proceedings, the parties, their lawyers and However, it is considered confidential and confi- interns duly authorized in writing, who can man- dentiality of information, all information obtained age to obtain copies requested by memorial and by the Administration, monitoring product on pre- indicating the matter for which required. L&E vention of laundering, financing of terrorism and proliferation of weapons of mass destruction laundering, which must kept strictly confidential and 21 may only be disclosed to the public prosecutor, po- Legislación y Economía August 2016

FUND OF OCCUPATIONAL SAFETY, HEALTH AND SAFETY AT WORK

Giovana del C. Miranda Garzola - Attorney [email protected]

he construction industry is one of the most pervising, training, equipping security officers productive sectors of our economy, which in and assign them to those construction sites Trecent years has increased the activity, as well who have paid the Occupational safety Fund. as incidence of accidents in different projects, Within this context, it must be the se- which has led authorities to establish rules curity officer is an officer appointed specific health to regulate safety at work. by the MITRADEL and to whom provisions of public servants are applicable. With approval of the Executive Decree 15 of 2007, 17 of 2008 and 19 of February 20, The rule in comment has two transitory ar- 2014, creation of a Fund for Occupational ticles that relate to contributions that must Safety and Health at Work was established be made to the fund owners of the work, and generating a contribution by develop- promoters or prime contractor, in the sense ers, project owners; however, by judgment states that in those constructions execut- of 12 November 2014 the Supreme Court de- ed from 18 November 2014 to 3 November clared unconstitutional some articles of the 2015, the completion of this calculated af- Decrees. What it resulted suspend the ob- ter entry into force of this Act, pay, pay Se- ligation to record contributions to the fund curity Fund, in accordance with percentage by owners work, developer or contractor. of work that is pending to build, as follows:

On October 30, 2015, Law 67 of 30 October • The greatest works of ONE MIL- 2015 adopting measures in construction in- LION DOLLARS WITH ONE CENT (US dustry to reduce incidence of accidents is ap- $1,000,000,01) or over five floors, which proved, stating that in works or construction corresponds to the equivalent amount of activities should have one or more officers $ 10,000 by the percentage of the work or managers of Occupational Safety, accord- that this build. ing to the amount of work, type of work and more or less labor risk; Fund Safety Agency; • Works with a greater investment of obligations of sponsor or principal contractor FIVE MILLION DOLLARS WITH ONE is established and gives the Ministry of Labor CENT (US $5,000,000.01), which cor- and Social Development implementation plan responds to the equivalent amount of intensive preparation of specialized personnel $ 30,000 by the percentage of the work in Occupational Health and Safety Work Safety that this build. Based on the above indicated, it was recently approved Executive Decree No. 67 of August • Works with a value greater than TEN 9, 2016 which regulates Law 67 of 2015 and MILLION DOLLARS WITH ONE CENT (US 22 which provides in Article 1 that the Ministry $10,000,000.01), which corresponds to of Labor is in charge of choosing, hiring, su- the equivalent amount of $ 30,000 by the Legislación y Economía August 2016

percentage of the work that this build. of health, preparing premises and providing teams and adopting methods to prevent, re- • Major works of TWENTY MILLION duce and eliminate occupational hazards in DOLLARS WITH ONE CENT (US workplace and this applies not only to work in $20,000,000.01) which corresponds to construction, but all economic activities. L&E the equivalent amount of $ 50,000 by the percentage of the work that this build.

• Major construction FORTY MIL- LION DOLLARS WITH ONE CENT (US $40,000,000.01) which corresponds to the equivalent amount of $ 60,000 by the percentage of the work that this build.

• Major works over HUNDRED MIL- LION DOLLARS WITH A ONE CENT (US $100,000,000.01) which corresponds to the equivalent amount of $ 100,000 by the percentage of the work that this build.

Finally says the Decree, which in those construction sites where promoter, owner of the work or main contractor had paid the Fund Occupational Health and Safety at Work Safety before effective date of Law 67 of October 30, 2015 , ie from 18 November 2014 to 3 November 2015, the Di- rectorate of Labor Inspection of the Ministry of Labor and Workforce Development, will apply as stated in preceding paragraph and if the work had finalized, will create a credit in favor of promoter, owner of work or prime contractor for a later project, who may assign it to another developer, owner or contractor work, after verification of payment to the Directorate of Labor Inspection.

It has a term of six (6) months from entering into force of this Decree, to present credit application to the Directorate of Labor Inspec- tion, ie, which expires on 10 February 2017.

We can’t conclude without noting that every employer is required to implement measures necessary to effectively protect life and health 23 of their workers, ensure their safety and care Legislación y Economía August 2016

SPECIAL SECRETARY ORAL HEALTH PUERTO COLON COMMISSION FREE PORT

Giovana del C. Miranda Garzola - Attorney Giovana del C. Miranda Garzola - Attorney [email protected] [email protected]

ith approval of the Executive Decree No. 87 of August he Ministry of Health issued Executive 4, 2016, the Secretary of the Special Free Port System Decree No. 311 of 8 August 2016 establish- for Colon province was created, as a responsible for the ing the Oral Health Commission, which proper implementation of guidelines and operational Taims to promote strategies to improve oral Wpolicies permanent instance of system and coordi- health of the population in the country. nation, promotion, planning, coordination and evaluation of activities conferred through strategic, com- The Commission will among other functions prehensive, interagency and participatory actions. to coordinate actions and efforts among different actors related to oral health in Has Decree that the Secretary is authorized for the Panama, to achieve a comprehensive ap- coordination, organization and development of in- proach to the situation, in order to achieve ventory of properties or real estate attached to the state of overall health of the population; pro- system, whether public or private, with the owner mote the realization of preventive, educa- of property to provide support to enable the Secre- tional activities and social communication, tariat to carry out the inventory and status thereof, aimed at improving conditions and healthy in order to promote development of the system. behaviors and to support various aspects Within this context, the Secretary is authorized to con- of dental teaching aimed at internal den- duct inspections of facilities investors subject to the tists, officials, technicians of dental care system when required or deemed necessary to check its and to skilled professionals in general. L&E performance and weigh the improvements that apply.

It is noteworthy that the Secretariat, emerges as an administrative structure to promote, develop, facilitate and execute implementation of policies Special System Free Port to the province of Colon which was recently amended by Law 7 of April 4, 2016. L&E

24 Legislación y Economía August 2016

GOVERNMENT MODERNIZATION AND SIMPLIFICATION OF PROCEDURES

Giovana del C. Miranda Garzola - Attorney [email protected]

he National each procedure, which nal actions established Comptroller’s flexible Authority will be published in a in the institutional Digi- mechanisms to endor- for Govern- section of the Panama tal Agenda, Plan Proce- se the agreements and ment Inno- Tramita portal, meeting dure Simplification and interagency protocols vation was created by established categories. Annual Operating Plan, regarding Digital Go- Law 65 of 2009, which will serve liaison with vernment, interoperabi- was regulated by Exe- Adds that correspond AIG and should benefit lity, shared platforms, Tcutive Decree No.719 to the National Coun- from the guidelines de- electronic signatures, of the 15 November cil for Innovation and fined by the Authority. formalities online that 2013 with implementa- the National Competi- have been considered tion of actions of go- tiveness Council esta- • Article 45 states that within policies of the vernment moderniza- blish and monitor the AIG prior approval of National Council for Go- tion and e-government. five-year goals of strea- the National Council vernment Innovation. mlining procedures. for Government Inno- Within this context, the vation, presented to • Another thing to men- Office of the President • It empowers the Citi- the Ministry of Eco- tion is that Article 49 issued Executive Order zen Service Center to nomy, its recommen- gives AIG the ability No. 357 of 9 August provide the platform dations on organizatio- to promote best prac- 2016 amending some and mechanisms avai- nal structure, profiles tices for collaboration articles and introdu- lable to taxpayers to re- and competencies that among state agencies ces to the Executive ceive reports of those should be considered in the use of informa- Decree 719, setting procedures or require- in the Directorates or tion technology and the standard for new ments that don’t com- Offices of Informa- communications. L&E initiatives and chan- ply with the provisions tics entities, which ges that affect gover- of official site, and to will be reported to the nment modernization . measure effectiveness highest management and user satisfaction. level of the company The most important and will be the pri- changes are focused • Another addition is mary liaison with AIG. on adding new items: that each state agency will establish an execu- • For its part, Article 47, • Article 26th provides tive unit of highest le- states that the National that the Procedure Sim- vel, which will have the Authority for Govern- plification Plan contain responsibility to lead ment Innovation (AIG) 25 goals and progress for and monitor institutio- coordinate with the Legislación y Economía August 2016 Consult Doctrine and JURISPRUDENCE

Francisco Pinzón - Legal Assistant [email protected] ARE DECLARED UNCONSTITUTIONAL

CERTAIN ARTICLES OF THE LAW ON PUBLIC PROCUREMENT BACKGROUND

xplaining a little further, the applicant maintains that in Article 5 of Law 48 of May 10, 2011, is granted competence to the Directorate General of Public Procurement, so that within its Efunctions have the ability to judge administratively officials of the institutions established at the constitutional level, which is considered a violation of the separation of powers.

On the other hand the applicant submits that Article 20 of Law 48 of 2011, regarding 5 principle of public bidding, allows discretion in the procurement process which is considered as an unconstitutional act. In turn argues that Article 22 of the same law injures the Fundamental Stat- ute, and that makes free hiring easier by the fact that a rigid procedure is not needed, which in turn violently against what demands the Constitution regarding the selection of contractor. 26 Legislación y Economía August 2016

Another article that the applicant consid- causes of cancellation and clear expression ers unconstitutional is Article 28 of Law of the rule of law underlying such action. 48 of 2011, which mentions that omission of public events consultancies is pos- For the House is not con- sible, when the Constitution states that should honor principles of competitive sistent that Article 22 of bidding. It also has an opinion on article 29 which emphasizes free and expedi- Law 48 of 2011, tious procurement of service contracts promotion and publication, which under- attributed powers to the Minister of the mines the principle of public procurement. Presidency, for procurement of supplies, services and works with non-functional Finally, the applicant considers that Ar- competence of their activities. Following ticle 36 of Law 48 of 2011, makes the the above, we can see that the accused Administrative Court of Public Contract- rules provide ample scope for the procure- ing, in court, for the simple fact of grant- ment of supplies, services and works; from ing powers of the judiciary, the courts the time they are granted powers to the Min- must be assigned to the judiciary. ister of the Presidency or whom the dele- gates, to authorize contracts for an amount Opinion of the Plenary session of of Three Million Balboas without the appli- the Court cation of contractor selection procedure.

The Full Court concludes that Article 5 of Finally plenary considers that Article 120 Law 48 of 2011, doesn’t affect the Constitu- of Law 22 of 2006 established an Admin- tion. Therefore it considers that the princi- istrative Tribunal outside the court exer- ple of separation of powers, which is given cised by the judiciary, is not a violation authority to control the General Directorate of the principle of separation of powers, of Public Procurement, in case of violation for a clear separation between the func- of principles and rules of public procure- tions of justice remains administrative ment is appreciated. It is for this reason exercised by the Court of Procurement that it is considered as a governmental in the administrative remedies, judicial activity whose punitive purpose, seeks to control function of administrative law, guide the implementation of the contrac- in our environment corresponds to the tor selection process by imposing a fine. Third Chamber of the Supreme Court. L&E

On the other hand The Full Court, concluded that phrase “without further substan- tiating” contained in Article 20 of Law 48 of 2011, injures procedural guarantee, by which every act must be properly funded and motivated. In this case, reference should be made to the description of public act, identification of bidder being, brief description of contractual object canceled, 27 Legislación y Economía August 2016

28 Legislación y Economía August 2016

Politics Rafael Fernández Lara - Independent lawyer PARTIES OF LIBERAL NAME IN OUR HISTORY

RECENTLY, A FRIEND ASKED ABOUT THE ROLE PLAYED BY LIBERALISM AND HOW MANY PO- LITICAL PARTIES CALLED “LIBERAL” HAD EXISTED THROUGHOUT OUR NATIONAL POLITICAL HISTORY. THIS MOTIVATED ME TO WRITE THIS ARTICLE, A REVIEW THAT REALLY RESPONDS TO QUESTION FORMULATED.

hen we became in- ing to our national anthem “We finally at- dependent of the tained victory in the happy field of union.” Republic of Colom- It is necessary to point out categorically bia, on November 3, that from the beginning and to present the 1903, we inherited various groups consist mostly have been continuity of its two liberal, ie professing liberal doctrine, as de- major political parties, Liberal Party and the Conservative Party, whose union strength at beginning of the Panamanian nation made possible consolidation of our fledg- Wling republic as a free and sovereign state. The significance of these two political organizations is so important that in our national flag represents Conservative Party with the blue and Liberal Party with red color, matches these that impacted lives of the isthmus from Colombia, to involve him in the “War of the Thousand Days” only fense of freedom, responsibility, tolerance, for being part of Colombian state since. The social justice and equal opportunities, the Panamanian flag records legacy of these rule of law, freedom of conscience and be- two games, but their white quadrants rep- lief, pluralism, a balance in the division of resent the peaceful nature of inhabitants powers, respect for private property, lat- of the isthmus message is ratified by point- ter cornerstone of economic development. 29 Legislación y Economía August 2016

In our first tourna- ty, since October 5, 1910 to October 1, 1912 in his ment of 1904 elec- capacity as Prime appointed (Vice President). tion, Liberal Party supported, together In the presidential reference period, ranging with the Conserva- from 1908 to 1912, exercised the office four tive Party, the elec- presidents, one member of the Conservative tion of Dr. Manuel Party and three members of the Liberal Party. Amador Guerrero as When electoral event of 1916 was held, winner first elected presi- was Dr. Ramón Maximiliano Valdés, anointed dent, who was a former president Don Belisario Porras Bara- member of the Con- hona, and backed by the called Porrists Liberal servative Party. Coalition, composed of Liberal Party and some reputed members of the Conservative Party. In our second democratic elections in 1908, Liberal Party once again endorsed as Presi- On August 20, 1920 is elected as First Consti- dent of the Nation to another conservative, Don tutional Justice of the Nation to conspicuous Jose Domingo de and ideologist of liberalism, the jurist Obaldia, through the Dr. Belisario Porras Barahona, who won Republican Coalition the support of the call Porrist National was formed by Lib- League as an affiliate of the Liberal Party. eral Party and notori- ous members of the It was in this election tournament for Conservative Party . the first time when citizens elect directly the President of the Republic It is important to so. Previously he was elected by the note that the First members of the Assembly of Electors. President member of the Liberal When presidential election on September Party was Carlos 2, 1924 was made, was elected President Antonio Mendoza, First Appointed (Vice Pres- Don Rodolfo Chiari Robles backed by Liberal ident), who held the presidency of the Na- Chiarista Party, and triumphed over General tion since March 1, 1910 until October 1, 1910, Manuel Quintero Villarreal Liberal Party, where upon the death of the owner, Don Jose Do- the divisive tendency manifested within the lib- mingo de Obaldia in the exercise of his office. eralism, because political issues and not per- In the same presidential term, temporarily he sonalities responded occupied the Presidency of the Republic Jurist to essentially ideo- August Federico Boyd Lopez, a member of Lib- logical programs. eral Party and member of the Interim Board of the Government of Panama (from November 4, In the general elec- 1903 to February 20, 1904) in Second Appointed tions of August 3, 1928 character (Vice President) from October 1 to Oc- was chosen without tober 5, 1910, considered our fourth president. opposition the only In addition, in this presidential term, he took candidate in those charge of the Executive Branch as the fifth elections and anoint- president’s lawyer and journalist, Don Pablo ed the former Presi- 30 Arosemena Alba, also a member of Liberal Par- dent Rodolfo Chiari Robles, the brilliant engi- Legislación y Economía August 2016

neer Florencio Harmodio Arosemena Guillén ed and where he was chosen as President of Liberal Party as the 14th President of Panama. Panama to Don Enrique Adolfo Jiménez Brin, attended by several political parties called lib- The Doctrinal Liberal Party nominated the emi- eral, the Liberal Party Renewal, liberal Demo- nent lawyer Dr. Harmodio Arias Madrid in the cratic, National liberal and liberal doctrinal. 1932 electoral contest, who won the victory over candidate of the Liberal Renewal Party, In the presidential process May 9, 1948 a po- Don Francisco Arias Paredes, who in turn litical alliance called “Liberal Unification Al- was supported by the National Liberal Party. liance” supporting presidential candidacy of liberal leader and economist Domingo Diaz The 1936 elections mark a historic mile- Arosemena, who was recognized as the 24th stone as they intervened in five so-called Constitutional President of the Republic of liberal political parties. Never before or Panama was formed. Participated in this elec- later more fractionated liberalism in vari- tion only two liberal-called political parties, the ous streams as a result of personalism. Liberal Doctrinal and the Liberal Democrats, In said electoral event in 1936 won presi- who support Don Domingo Diaz Arosemena. dency of the Republic the lawyer Dr. Juan In the electoral event May 11, 1952, won the Demóstenes Arosemena National Liberal Party election Colonel Jose Antonio Remon Cantera. or Chiarista and other political organizations. He triumphed over Don Domingo Diaz Arose- To this date, the Liberal Party and other politi- mena, backed by groups such as the Liberal cal groups backed the Colonel Jose Antonio doctrinaire, Liberal Renewal, Liberal Demo- Remon Cantera and March 15, 1953 Liberal crats. He also triumphed over the other can- Party and others merged creating the National didate, Former President, Dr. Belisario Porras Patriotic Coalition Party. On the other hand, Barahona, nominated by the Liberal United. the political opponent in the election of Colo- nel Remon Cantera was the defeated candi- In the general elections of June 2, 1940, date, Don Roberto Francisco Chiari Remón, Dr. Arnulfo Arias Madrid was elected supported by the National Liberal Party and President of the Republic in its capac- other groups through the “Civilista Alliance”. ity as sole candidate, because his presidential opponent withdrew from the race. The electoral victory in the 1956 elections suc- In these electoral elections also they included ceeded economist Don Ernesto de la Guardia Na- five political parties called liberal. The National varro on the lawyer Don Victor Florencio Goytía, Liberal Party, the Liberal Democratic and Liber- who was supported by the National Liberal Party. al United, and others, all supporting Dr. Arnulfo In electoral elections in 1960 was elected Arias Madrid. the Liberal Doctrinal and Liberal Constitutional President Don Roberto Fran- Renovador backed the opposition candidate cisco Chiari Remón, distinguished member Ricardo J. Alfaro Jované, who withdrew from of the National Liberal Party, who led the al- the electoral contest in advance of elections. liance “National Opposition Union” which led to electoral victory. One of his political In the aforementioned elections re- opponents in the race was Don Victor Flor- peats what happened in the elections of ence Goytía of the People’s Alliance, sup- 1936, which was attended by five (5) po- ported by the Civil Resistance Liberal Party. litical parties with liberal denomination. When the National Constitutional Convention Electoral event in 1964 came the official can- of 1945 was developed, by which the new and didate Favored the liberal Don Marco Aure- 31 third National Constitution of 1946 was enact- lio Robles Méndez, protected by the National Legislación y Economía August 2016

Liberal Party, who led the alliance of eight parties that compose it was the Liberal Re- political parties. Juan de Arco Galindo, publican Party. The government candidate one of the opposition candidates, was was Doña Mireya Moscoso Rodríguez of the supported by seven political groups, the Democratic Alliance, formed by four political Including Civil Resistance Liberal Party. groups, including the Liberal Authentic Party Dr. Arnulfo Arias Madrid was Elect- and the Liberal Party. The other opposition Al- ed President of Panama in the liance Alliance Change 94 was composed of electoral tournament in 1968. three political parties, including the Liberal Re- The government candidate, Liber- publican Nationalist (MOLIRENA) Movement. al and Engineer David Samudio Avi- la, was endorsed by “People’s Alli- Mireya Moscoso Rodriguez won the election ance” led by National Liberal Party. victory in 1999. Her Covenant “Union for Pan- ama” was made up of four party groups, one As a corollary of the democratic open- of them the Nation- ing in the electoral contest of 1984, the alist Republican government candidate was favored with Liberal Movement the Presidency of the Republic, econo- (MOLIRENA). The mist Nicolas Ardito Barletta, with the government candi- support of six political groups, the so- date, Martin Torrijos called National Democratic Alliance Espino and alliance Union (UNADE) integrated among oth- “New Nation”, mem- ers by the Liberal Party. The opposition ber of the National candidate, Dr. Arnulfo Arias Madrid, was Liberal Party, one supported by two parties with liberal of the three political denomination, the Nationalist Repub- parties that formed lican Liberal Movement (MOLIRENA)) it. Another candi- and the Authentic Liberal Party, marking date nominated by with two other organizations, the Demo- the opposition was cratic Alliance of Civil Opposition (ADOC). Alberto Vallarino Clement, with its so-called “Opposition Alliance” was supported by Authen- The Democratic Alliance of Civil Opposition tic Liberal Party with two other partisan groups. (ADOC) won the election victory, leading to the Presidency of the Republic Attorney Electoral event in 2004, “Patria Nueva” Al- Guillermo Endara Galimany elections in May liance leads the opposition electoral vic- 1989. Two liberal parties called integrated tory to Martin Torrijos Espino. The guber- alliance, the Authentic Liberal Party and the natorial candidate, Attorney Miguel Aleman Liberal Movement Republican (MOLIRENA). Healy and his Alliance “Country Vision” was formed by the Nationalist Republican Liberal The government candidate headed the Movement Party (MOLIRENA) and the Na- Coalition of National Liberation (COLI- tional Liberal, three parties that integrated. NA), held the Republican Liberal Party among the political groups that formed. In the political contest 2009 electoral success achieved by the “Alliance for Change” opposition Economist Dr. Ernesto Perez Balladares Ricardo Martinelli Berrocal, composed Nation- gets the electoral victory in the general alist Republican Liberal Movement (MOLIRE- 32 elections of 1994 supported by the United NA) and three other political organizations that People Alliance. One of the three political Legislación y Economía August 2016

formed it. The presidential candidacy of gov- groups duly constituted in our country, de- ernment, Balbina Herrera as a candidate of the spite not bear the name of liberal, no doubt alliance “A Country For All”, was composed of were ideologically advocates the principles several partisan groups, including Liberal Party. of liberalism, some a little to the left, others to the center and about on the right. In recent elections general elections held in our country on Sunday, May 4, 2014, was elected A majority of former presidents we have had Constitutional President opposition candidate, in our history have belonged to political par- Engineer Juan Carlos Varela Rodríguez, backed ties of liberal denomination mentioned. As an by his Alliance “People First”. The government example, Carlos Antonio Mendoza, Federico candidate, José Domingo Arias, was support- Boyd, Pablo Arosemena Alba, Belisario Por- ed by the Alliance “United For More Changes” ras Barahona, Ramón Maximiliano Valdés, which was composed of two political parties, Ciro Luis Urriola, Ernesto Lefevre, Rodolfo Chi- one of them the ari Robles, Florencio Harmodio Arosemena, Nationalist Repub- Ricardo Joaquín Alfaro Jovanne, Harmodio lican Liberal Move- Arias Madrid, Juan Demostenes Arosemena, ment (MOLIRENA). Ricardo Adolfo de la Guardia, Enrique Alberto Jimenez, Domingo Diaz Arosemena, Daniel The above clearly Chanis Pinzón, José Ramón Guizado Valdés, shows that a large Ricardo Arias Espinoza, Roberto Francisco majority of orga- Chiari Remón and Marco Aurelio Robles. nizations and political alliances To these it will be necessary to add other during formed in our the exercise of their administrations professed country have been principles of liberal doctrine, showing that liber- called “liberal”, als have played a major role from the ideologi- including the Liberal Party, Porrist Liberal Co- cal point of view as a political philosophy that alition, The National Porrist League, Chiarista advocates individual freedom, private initiative Liberal Party, Liberal Doctrinal Party, Liberal and limits state intervention and public authori- Party renovator, National Liberal Party, Liberal ties in the social, economic and cultural life, Democratic Party, Liberal Party United, Doctri- promoting civil and economic liberties, oppos- nal Liberal Party, Liberal Renewal Party, Liberal ing absolutism, despotism and conservatism in Unification Alliance, Civil Resistance Liberal our country. Beyond doubt, the liberal current Party, Nationalist Republican Liberal Movement is based both on the rule of law and participa- (MOLIRENA), Authentic Liberal Party and the tory democracy and the separation of powers. Liberal Republican Party. Many of these participated on several occasions with the same name It is for this that we believe that liberalism is in different electoral processes throughout our impregnated and is an integral part of our his- republican history. Another name that did not tory, our present and our future, as it will al- prosper as legally constituted political party ways be a real and convenient to defend the was the Progressive Liberal Party Dr. Octavio rule of law and our democracy option. L&E Mendez Pereira, whom the then President, Dr. Harmodio Arias Madrid, told him the opportunity to express their support for the government candidate, made which he never materialized. 33 Similarly, a higher number of political Legislación y Economía August 2016 Panamanian

Fuente: CGRP - Contraloría General de la República de Panamá

COMMENTARY ON CONSUMER PRICE INDEX (CPI) JULY 2016 ECONOMY

n July compared to June, seven of twelve meat and beef, and the “Fruit” 2.8 percent. groups that make up CPI basket National class IUrban recorded increases, decreases and two had three remain unchanged. Groups Recreation and Culture group showed in- with positive changes were: Food and non- creases six of its sixteen classes. The alcoholic beverages 0.4 percent, with an im- greatest impact was kind of “cultural ser- pact of 0.100 percentage points; Recreation vices” 2.5 percent due to increase in price and culture 0.7 percent, with an incidence of entry to nightclub and cinema. The in- of 0.066 percentage points; and Clothing crease in clothing and footwear group, was and footwear 0.3 percent, with an impact of influenced by increase in three of its four 0.022 percentage points. classes. largest positive variation in class “clothing” with 0.3 percent was observed. In the group Food and non-alcoholic beverages increased eight of its eleven classes. The other groups showed increases in the Classes highest incidence were “Vegeta- index were: Miscellaneous goods and ser- bles” 1.9 percent, increase in prices of puls- vices 0.2 percent, due to rise in price of es and beans, the “meat” 0.2 percent, class services for personal care; Restaurants 34 by higher prices of sausages and chicken and hotels 0.2 percent, due to increased Legislación y Economía August 2016

prices of food and non-alcoholic beverages Finally, Housing, water, electricity and gas, outside home; Furniture, household equip- health and education, remain unchanged. ment and routine household maintenance Comparing the National Urban CPI in July 0.1 percent, increase in price of cleaning 2016, with its similar of 2015, the following and conservation, and alcoholic beverages increases shown: Restaurants and hotels and snuff 0.1 percent, rise in price of dis- 4.0 percent; Health 3.8 percent; Education tilled spirits . 2.7 percent; Miscellaneous goods and services 2.4 percent; Alcoholic beverages and Positive trend in the index is countered by snuff 2.1 percent; Furniture, household groups recorded declines, transportation items and routine household maintenance 0.9 percent, 0.2 percent and Communica- 1.4 percent; Food and non-alcoholic bev- tions. Declining prices in transport group, erages 1.2 percent; Communications 0.9 is mainly due to the low recorded in three of percent; and Recreation and culture 0.2 its seven classes. percent. L&E

La clase de mayor incidencia es “Combus- tibles y lubricantes para equipo de trans- porte personal” 2.5 por ciento, por la re- ducción en el precio del combustible para automóviles. El grupo Comunicaciones reflejó reducción en la clase “Equipo tele- fónico” 1.3 por ciento, por la disminución en el precio de los teléfonos móviles.

Then graph the monthly incidence group National Urban CPI in July 2016:

Incidence: is the contribution of each group to the total variation of the National Urban Index, therefore, the sum of incidents resulting index variation. 35 Legislación y Economía August 2016

36 Legislación y Economía August 2016

MAIN ECONOMIC INDICATORS MONTHLY: JANUARY-JUNE 2015-16

Fuente: CGRP - Contraloría General de la República de Panamá

onthly economic indicators showed fa- to by 3.2 percent, sugar by 2.5 percent, soft vorable performance in production activities drinks by 3.4 percent and alcoholic bevera- Mrelated to domestic demand in the country ges by 1.1 percent. to january - june 2016, compared with their counterparts in 2015 were: slaughter of pigs, 2. Water and electricity: production of evaporated, condensed and powdered milk, pasteurized ; thermal gene- a. Electricity supply: ration, wind and solar power, electricity and water billing in the Republic. The national supply of electricity rose by 14.6 percent, driven by gross electricity ge- Negative rates were observed in cattle neration by 14.7 percent, as well as for its slaughter, production of raw milk used for components: thermal at 39.7 percent, wind the production of by-products and hydro at 151.2 percent and solar at 1694.2 by hun- electricity generation. Indicators related to dred. Meanwhile, hydro generation decrea- the rest of the world, presented positive sign sed by 10.8 percent. National Institute of exported weight: watermelon, other sea- Statistics and Census - INEC 2. food, raw sugar, flour and fish oil and coffee; daily average of overnight stays in hotels b.Electricity destination: in the city of Panama; meanwhile, negative change toll revenues, net tons and volume The fate of the energy offered, recorded in- of cargo transported by Panama Canal. crease in billed consumption by 4.4 percent and mainly residential 9.8 percent, trading 1. Manufacturing industries: at 4.9 percent and 9.6 percent government; on the contrary, industrial it decrea- Increase was recorded in slaughter of pigs sed by 0.7 percent. by 9.0 percent, as in production of goose- bumps 7.4 percent, evaporated, condensed c. Water: and powdered 19.4 percent milk, pasteurized milk 4.2 percent, salt 1.0 percent and Turnover of drinking water in the Republic alcohol rectified by 29.8 percent. negative grew by 3.7 percent, corresponding to the rates were observed: cattle slaughter of 12.1 following sectors: commercial at 5.0 per- percent, production: natural milk used for cent, 4.0 percent in residential and in- 37 manufacture of products 1.1 percent, toma- dustrial 0.1 percent; however, it reduced the Legislación y Economía August 2016

government sector 0.6 percent.

3. Construction: 5. Foreign trade:

The value of permits for construction, a. CIF value of imports of goods: additions and repairs recorded negati- The CIF value of total imports of goods ve variation of 11.1 percent, mainly from fell by 4.1 percent, mainly intermediate non-residential construction by 18.6 per- goods by 12.5 percent and consumption cent and residential construction by 4.2 by 4.2 percent; however, capital percent. Regionally, the most prominent goods grew by 3.9 percent. districts were: Colon increased 54.7 percent and districts (David, Santiago, Chitre, b. FOB value of exports of goods: Aguadulce and La Chorrera) accumulated FOB (goods on board) of exports of 18.8 percent. By contrast, low was obser- goods decreased by 7.3 percent and ved in the district of San Miguelito of 33.0 most important items that fell were: ba- percent, Panama 16.9 percent and Arrai- nana 5.0 percent, melon 25.3 percent, pi- ján at 12.7 percent. Ready-mix concrete neapple 34.5 percent, fresh fish and fish production registered fell by 24.4 percent fillet (fresh, chilled and frozen) by 16.3 and gray cement at 6.6 percent. percent, clothing 9.5 percent, beef cattle 29.0 percent, live cattle and 60.3 percent, hides and skins 52.2 percent. po- 4. Internal trade: sitive changes in various p r o d u c t s including were observed: petroleum pro- a. Sale of fuels for domestic consump- ducts 2.9 percent, watermelon 7.3 per- tion: cent, shrimp 0.6 percent, other seafood The sale of fuel for domestic consump- 171.1 percent, raw sugar 178.0 percent, tion, measured in gallons, grew by 9.8 flour and fish oil 17.2 coffee percent and percent, highlighting gasoline consump- 102.0 percent. tion 9.0 percent, especially 95 octane 17.2 percent, as bunker C at 49.3 percent and c. Weight of exports of goods: gas liquefied petroleum by 3.7 percent; The weight of exports of goods grew in turn, decreased consumption low sul- by 9.0 percent; the most representati- fur diesel 0.8 percent. ve items were: Watermelon 7.0 percent, other seafood 458.2 percent, raw sugar b. Registered cars: by 176.5 percent, flour and fish oil 26.6 Number of registered cars during the percent and 125.8 percent coffee. Mo- month vehicular single record ( a s - reover, negative behavior was recorded sociated with the number of cars sold specifically in petroleum p r o d u c t s in the period indicator) increased by 7.3 70.8 percent, bananas 5.0 percent, melon percent; most important segments were 22.1 percent, pineapple 31.6 per- SUVs (Sports Utility Vehicle) in 18.3 percent, shrimp 15.6 percent, fresh fish and cent, 35.3 percent pick ups, buses and fish fillet (fresh, chilled and frozen) 13.8 trucks 37.1 percent to 7.9 percent. , Mi- percent, 11.4 percent clothing, beef cattle nivans 8.1 percent and 2.6 percent panels 22.9 percent, live cattle and 79.1 per- in regular cars by 3.9 percent, luxury cent, hides and skins 21.1 percent. 38 cars 14.0 percent: low was reported in segments. d. Colón Free Zone: Legislación y Economía August 2016

The value of the commercial movement container), fell by 12.8 percent. of the Colon Free Zone decreased by 13.3 percent, mainly CIF imports by 15.4 per- 8. Financial intermediation: cent. Meanwhile, weight of commercial activity fell by 12.2 percent, of these, im- a. National Banking System: ports by 15.8 percent. Total assets of national banking system rose by 4.6 percent, standing loan port- 6. Hotels and passenger folio by 7.2 percent and total deposits by entry: 5.3 percent. Bank liquidity fell by 6.1 percent. a. Hotels: The hotel business in the city of Panama b. Stock market indicators: presented positive variation in the ave - The total traded (in dollars) by Panama rage daily overnight stays at 15.6 percent; Stock Exchange volume amounted t o on the contrary, negative c h a n g e s 62.4 percent. Of this, primary market in- occurred in number of housing units at creased by 59.6 percent and 1,233.6 per- end of period at National Institute of cent repurchases. Calculated on Stock Statistics and Census - INEC in April 0.5 Exchange index decreased 6.9 percent, average number of rooms occu- percent; on the other hand, in the stock pied during the period at 9.8 percent and market, volume traded in Balboas percentage of room occupational at 9.9 decreased by 57.8 percent and number of percent. shares at 50.1 percent. b. Passenger entrance living abroad and c. Insurance: expenses: Value of premiums by insurance compa- Passenger entrance living abroad increa- nies increased by 0.8 percent; respecti- sed by 4.4 percent; the highlight w a s vely segments: individual life by 0.8 per- tourists by 2.6 percent and expenditures cent, personal accident 27.9 percent, 13.0 by 4.4 percent. entry of hikers at 5.7 per- percent health, life collective 10.8 percent, cent and cruise passengers fell 23.2 per- fires and Multirisk 8.6 percent, 4.8 percent. cent and automotive technical branches 38.3 percent. negative changes in other transport 18.1 percent and 17.5 percent 7. Transportation: bonds were observed. Claims incurred decreased by 8.5 percent. Indicators Panama Canal, recorded negative variation toll revenues by 4.5 percent, d. Loans approved by Agricultural Develo- net tons at 5.4 percent and volume of car- pment Bank: go transported by 13.7 percent. Similarly, Approved by the Agricultural Develop- transit of vessels through the Panama ment Bank loans increased by 211.0 p e r - Canal declined by 6.0 percent. Cargo mo- cent of these those for agriculture at 49.7 vement through National Port System re- percent, livestock 121.1 p e r c e n t , gistered a positive variation of the overall 144.3 percent fishing and other items at burden at 13.5 percent, however, bulk and 706.5 percent. containerized, were reduced by 21.2 and 15.0 percent, respectively. The movement 39 of containers in TEUs (20-foot equivalent Legislación y Economía August 2016

9. Public Sector 11. Other related: Finances: a. Contratos de trabajo registrados en el a. Central government current revenue: MITRADEL:

The current central government revenue Los contratos de trabajo registrados en la grew by 8.9 percent, mainly tax revenues Oficina Central del MITRADEL (Ministerio by 14.5 percent and of these, direct taxes de Trabajo y Desarrollo Laboral) crecieron by 20.5 percent and indirect 7.9 percent, en 4.1 por ciento, respectivamente, los de- with ITBMS increased by 25.9 percent. finidos en 5.2 por ciento, los indefinidos Non-tax revenues decreased by 3.5 per- en 3.7 por ciento y los de obras determi-

cent. nadas en 3.1 por ciento. L&E

10. Activities of scattering:

a. Gross bets:

The report gross bets (includes premiums paid) of operators of games of chance, recorded negative variation of 15.3 percent, mainly slot machines type “A” which fell by 13.2 percent, table games 31.3 percent halls, betting sporting events 18.0 percent, bingo halls 7.6 percent and hippodrome at 3.6 p e r - cent. Meanwhile, lottery sales, increased by 5.0 percent.

b. Net betting:

Net betting (excluding prizes), decreased by 10.9 percent, mainly gaming tables at 14.4 percent, slot machines type “A” by 9.6 percent, betting shops sporting events 28.9 percent, bingo halls 19.8 percent and the racecourse at 7.5 percent. In turn, lottery sales increased by 12.0 percent.

40 Legislación y Economía August 2016

World

Source: web page World Bank

ENVIRONMENTAL AND SOCIAL FRAMEWORK FOR CONTRACTS WITH THE WORLD BANK ECONOMY

he World Bank Board of Executive Directors World Bank Group, Jim Yong Kim said. “These new approved a new Environmental and Social Frame- safeguards incorporated into our projects updated work (ESF) which extends guards for people and and improved safeguards for the most vulnerable Tthe environment in investment projects financed by people in the world and our environment. Also the Bank. The review of safeguards included most we will increase substantially financing of these extensive consultation process ever undertaken safeguards to ensure that this works as planned, by the World Bank. It is the end point of almost four with sufficient financing for both implementa- years of analysis and cooperation throughout the tion and capacity building in different countries, world with governments, development experts and so they can have a more active role in protect- civil society groups, covering nearly 8,000 stake- ing people and the environment environment.” holders in 63 countries. The framework is part of a broad effort by the World Bank Group to improve The framework puts environmental and social development results and rationalize their work. safeguards of the World Bank in greater harmo- ny with those of other development institutions, “The mission of the World Bank Group is to eradi- presenting significant advances in areas such as cate extreme poverty and reduce inequality in the transparency, non-discrimination, social inclusion, world, and this new framework will be critical to public participation and accountability -including a help achieve those goals factor”, President of the role more wide mechanisms for grievance redress. 41 Legislación y Economía August 2016

To support this new framework -and development partners and bilateral donors. meet additional requirements con- The World Bank now will begin an inten- trol- the World Bank will significantly in- sive period of preparation and training (12- crease funding for these safeguards. 18 months) to be ready against the transi- Strengthening national systems in borrowing tion to new framework. It is expected that countries it was identified as one of central the framework enters into force in early 2018. development objectives of the World Bank and Implementation will focus on supporting and most of its shareholders. In line with this objec- strengthening the capacity of borrowers; train tive, framework puts greater emphasis on the staff of the Bank and borrowers in the implemen- use of frames borrowing countries and capac- tation of framework; strengthen management ity building, with the goal of achieving sustain- systems environmental and social risks of the able lending institutions and greater efficiency. Bank; and strengthen strategic alliances with our partners in development. It is expected that “The new framework encapsulates the World current safeguards the World Bank to operate in Bank’s commitment to environmental and so- parallel to ESF for about seven years to govern cial safeguards and responds to new and var- projects approved before launch of new MAS. ied requirements and development challenges that have emerged over time”, said Alex Foxley, Background: Executive Director of the World Bank for Argen- tina, Bolivia, Chile, Paraguay, Peru and Uruguay Assess and manage environmental and social and Chairman of the Committee on Develop- impacts of projects financed by the World Bank ment Effectiveness, a committee of the World has been one of the main concerns of the in- Bank Board which oversees policy issues. “The stitution for more than 40 years. Current poli- experience and capabilities of many borrow- cies of the Bank, published almost 20 years ago ers have improved and our requirements have were seen for long as guidelines to be followed been updated to reflect the realities of the pres- by Multilateral Development Banks in terms ent. The framework was designed to improve of safeguards for people and environment. development outcomes in Bank projects by strong emphasis on sustainability, responsible The current review of safe- resource use and monitoring and evaluation.” guards began in July 2012. Responding in part to a 2010 report by the In- Environmental and Social Framework re- dependent Evaluation Group (IEG) of the World cently approved comprehensive safeguards Bank, the Board ordered management to review introduced in labor and working conditions existing safeguard policies increase coverage, terms; a fundamental principle of non-dis- social inclusion and harmonization through- crimination; measures of community health out the Bank Group; improve skills, responsi- and safety that address road safety, emer- bility and ownership of customers; strengthen gency response and disaster mitigation; supervision, monitoring and evaluation of and responsibility to include participation safeguards to ensure rigorous implementa- of stakeholders throughout project cycle. tion of our policies; and improve systems and instruments of accountability and grievance The new framework will promote better devel- redress for those communities and individu- opment results -and perdurables-. It provides als who want to express their concerns about

greater coverage and access, benefiting more projects financed by the World Bank. L&E people, especially vulnerable and disadvan- 42 taged groups. It will also strengthen partner- ships with other multilateral development banks, Legislación y Economía August 2016

A FLOATING THREAT: SEA CPNTAINERS SPREAD PESTS AND DISEASES

Source: FAO

il spills attract the atten- quito, an invasive species that arrived by tion of public opinion and ship to Albania in the 70 The Aedes albopic- generate concern, but “bio- tus, known for its aggressive bites, currently logical discharges” pose a proliferates in Italy and will facilitate global greater threat to long term warming colonize northern areas of Europe. and not have much impact. This is why the countries of the world joined An exotic fungus wiped out billions of Ameri- more than six decades to approve the Inter- canO chestnuts in early twentieth century, dra- national Plant Protection Convention (IPPC) matically altering the landscape and ecosys- in order to help stop spread of pests and plant tem, while today -another emerald ash borer diseases through international trade trans- plague spread into new habitats through glob- frontier and to protect farmers, foresters, bio- al trade routes- represents a similar threat to diversity, the environment and consumers. a valuable tree, used for centuries to make tool handles, guitars and office furniture. “Crop losses and costs generated by exotic pests to combat heavily taxed the produc- But perhaps the biggest “biological dis- tion of food, fiber and fodder,” says Craig charge” of all time occurred when a eukary- Fedchock, coordinator of the IPPC Secre- ote, organism similar to a fungus called tariat at FAO. “Overall, he explains fruit flies, Phytophthora infestans -the name comes beetles, fungi and their relatives reduce glob- from Greek and means “plant destroyer”- al crop yields between 20 and 40 percent.” set sail from America to Belgium. A few months later he came to Ireland, trigger- Trade is the vector, containers the vehicle ing a pest of potato that caused a deadly Invasive species reach new habitats in famine and mass migration of population. various ways, but the main is shipping. And today this type of transport involves the They are not the only cases. A relative of use of containers. Worldwide, about 527 mil- the giant toxic toad -sort that proliferates in lion maritime container movements are per- Australia, recently landed a container carry- formed each year: China moves alone more ing goods to Madagascar, a paradise of bio- than 133 million containers per year. Not diversity. The ability of females to put up to only the goods may act as a vector for the 40,000 eggs a year make it a catastrophic spread of exotic species capable of causing threat to birds and local lemurs, while threat- ecological and agricultural damage, but also ening habitat of a lot of animals and plants. components themselves steel containers. In Rome, municipal authorities are stepping up their annual campaign against tiger mos- For example, an analysis of 116,701 emp- 43 Legislación y Economía August 2016

ty containers for shipping that arrived in New prefers to settle in nooks and crannies of steel Zealand in past five years revealed that one in containers, and once seated at their destination, ten was contaminated externally, twice rate of usually hibernate create niches inside houses. indoor pollution. Among pests found: gypsy New Zealand, which depends heavily on exports, moth, giant African snail, Argentine ants and including agricultural producers, has estab- brown stink bug marbling. All of which threaten lished a cutting-edge system biosecurity and crops, forests and urban environments. Mean- hygiene of containers in their attempt to pre- while, soil residues may contain seeds of inva- vent the entry of invasive species. It is based on sive plants, nematodes and plant pathogens. an alliance with the shipping industry and numerous inspections Pacific ports, and provides “Inspection records in United States, Australia, economic incentive of a reduced number of in- China and New Zealand indicate that thousands spections on arrival for those who comply. The of organisms in a wide variety of taxa are being pollution of containers were above 50 percent transported involuntarily sea containers” recent- before this system was adopted ten years ago. ly said Eckehard Brockerhoff scientist Forest Research Institute of New Zealand and primarily Designing a phytosanitary action plan responsible for the aforementioned study, at a meeting at the FAO Commission on Phytosanitary Last year the Commission on Phytosanitary Measures (CPM), the governing body of the IPPC. Measures adopted a recommendation encour- aging national plant protection organizations to recognize and communicate risks associ- Stink Bugs and supply chain ated with shipping containers, and contribute to the implementation of relevant sections of The damage goes far beyond issues related to the Code of Practice for packing of cargo units agriculture and human health. Invasive species transportation of the United Nations (CTU can clog waterways and stopping power plants. Code), no regulatory guidelines for the industry. Biological invasions caused damage amounting to five percent of the annual global economic This would allow stakeholders to implement a activity, equivalent to a decade of natural di- system to address these threats without harm- sasters, according to a study. Economic im- ing the gears of commerce, with automated pact of more difficult to quantify consequences capable of loading cranes and download to- could double this value, according Brockerhoff. day containerized day in 20 seconds in a me- Hoy en día, en torno al 90 por ciento del comer- dium-sized port such as Hamburg, moves a cio mundial se transporta por mar, con una am- quarter of the volume of the port of Shanghai. plia variedad de alternativas logísticas, dificul- While more time is needed, it seems tando así un acuerdo sobre un método común that there is unanimity on the signifi- de inspección. El año pasado, unos 12 mil- cance of risks and the need to take action. lones de contenedores entraron en los EEUU, utilizando al menos 77 puertos de entrada. For now, he is waiting for events, while stakeholders give a timeframe for the initial vol- In addition, many cargoes are quickly transported untary measures, to a more widespread use to and from the ports to enter time supply chains. of best practices or a more diligent applica- This is how the dreaded stinky brown marbling tion of existing procedures: depending on the bedbug -which rapidly destroys fruit and crops success of these measures the Commission 44 of high value- began his European tour a few will reconsider the possible development of years ago in Zurich. For long trips, this insect an international standard in the future. L&E Legislación y Economía August 2016

YOUTH UNEMPLOYMENT IS RISING AGAIN IN THE WORLD

Fuente: ILO

he International Labor Organiza- Table 1. Trends and projections of unemploy- tion (ILO) esti- ment and working poverty youth until 2017 mates that the Note: The working poor rate is defined as the pro- global youth un- portion of employees in moderate or extreme pover- employment rate ty, ie with a per capita income or consumption less reaching 13.1 percent in 2016 and remain at that than $ 3.10 a day. Young people are defined as those level for 2017 (compared to 12, 9 percent in 2015). aged between 15 and 24 years. Source: World Em- ployment and Social Outlook 2016: Trends for Youth The ILO report Social Perspectives and Temployment in the world 2016: Employ- ““The alarming increase in youth unemployment ment Trends for Youth shows that the num- and high levels, equally worrying, young working ber of young unemployed will increase this but still living in poverty show how difficult it will be to achieve the global Table 1. Trends and projections of unemployment and working poverty youth until 2017 goal of ending poverty by 2030 if we redouble our efforts to achieve sus- year half a million to reach 71 million (Table tainable economic growth and decent work. 1), the first such increase in three years. This research also highlights the great disparities between young women and young Still awake biggest concern proportion and men in the labor market Member States of number of young, often in emerging and de- the ILO and the social partners must be ur- veloping countries, living in extreme or moder- gently addressed”, said Deborah Green- ate poverty despite having a job. In fact, 156 field, Deputy Director General of ILO Policy. million or 37.7 percent of young workers are in a situation of extreme or moderate poverty Unequal opportunities (compared to 26 percent of adult workers). Through most labor market indicators, large 45 disparities among women and young men, Legislación y Economía August 2016

which reinforce and feed increased inequalities 13.6 percent in Southeast Asia and the Pacific. during the transition to adulthood were found. The working poor In 2016, for example, the participation rate in the labor force for young men stood at 53.9 percent Poor quality of employment continues to af- compared to 37.3 percent for young women, rep- fect young people disproportionately, albeit with resenting a difference of 16.6 percentage points. considerable regional differences. For example, Sub-Saharan Africa continues to have the The problem is particularly acute in South Asia, in Arab highest rates in the world among young work- States and North Africa where participation rates of ing poor in almost 70 percent. Poverty rates young women are respectively 32.9, 32.3 and 30.2 among young workers are also high in the Arab percentage points lower than men young in 2016. States (39 percent) and South Asia (49 percent).

Rising unemployment is caused by In developed economies, are increasingly nu- the slowdown in emerging economies merous signs of a change in the age distribution By 2016, world economic growth is estimat- of poverty, young people take place of elderly as ed at 3.2 percent, 0.4 percentage points be- group most at risk of poverty (defined for developed low the figure expected by the end of 2015. economies as income below 60 percent of median “This is explained by a deeper recession than ex- income). For example, in 2014, proportion of young pected in some of the most important emerging workers in the EU-28 classified as exposed to a countries export raw materials and stagnant growth higher risk of poverty was 12.9 percent versus 9.6 in some developed countries,” said Steven Tobin, percent of working adults (25-54 years) . The prob- senior ILO economist and lead author of the report. lem is particularly acute in some countries where “The increase in youth unemployment rates is par- risk of poverty for young workers is over 20 percent. ticularly pronounced in some emerging countries.” Wish to migrate Among many reasons to migrate (armed conflict, natural disasters, etc.), high unemployment rate, a greater propensity for working poverty and a lack of quality job opportunities are key leading to the decision to migrate to factors outside permanently. Globally, proportion aged 15 to 29 who want to migrate Table 2. Trends and projections for 2017, by región to another country permanently it stood at 20 percent in 2015. The higher In emerging countries, it is expected that un- propensity to migrate abroad, by 38 percent, employment rate increased from 13.3 percent it was recorded in Africa Saharan Africa and in 2015 to 13.7 percent in 2017 (a figure cor- in Latin America and the Caribbean, followed

responding to 53.5 million unemployed in 2017 closely by Eastern Europe (37 percent). L&E versus 52.9 million 2015). In Latin America and the Caribbean, for example, it is expected to pass the unemployment rate of 15.7 percent in 46 2015 to 17.1 percent in 2017; from 16.6 to 17.5 percent in Central and West Asia; from 12.4 to Legislación y Economía August 2016

Lisbeth Martéz - Assistant [email protected]

ing Panamanian sovereignty in the Panama Canal Zone, Ilustrious administered under the Americans. During his tenure had to face major student unrest that led the PEOPLE government to suspend constitutional guarantees for a while. ERNESTO DE LA GUARDIA eral Party). 117,633 The government de- to 81,737 votes. veloped a policy to NAVARRO (1904-1983) protect the domestic Owner of the weekly industry, to encour- Economist, politician, Mundo Gráfico and age the production commercial enter- of consumer goods, journalist and trader prises of clothing and which so far were im- actions in National ported from abroad. a Masters in France. Brewery and Colon In 1957 the president He was born on May Free Zone. He spent dismissed from their 30, 1904 in Panama Was on several dip- part of his life in front posts to members of City. Attended high lomatic occasions, of very large commer- the dissident party school at National In- minister of state and cial companies and all action which consti- stitute graduate keep- vice president. He was of them made it clear tuted the National ing and Accounting at president of the Re- his reputation as an Liberation Movement; Eastman College, New public between 1956 honest, fair and righ- in July 10 opposition York Pougkeepsie EU, and 1960 (National teous administrator. members were sen- and later at the Univer- Patriotic Coalition) tenced to prison for sity of Darmouth Col- won elections of May As president had to demanding the presi- lege Perito earned a 13, Victor Florencio deal with nationalist dent’s resignation. 47 Master in Finance and Goytía (National Lib- movements claim- On 26 April 1959 Legislación y Economía August 2016

he faced an attempted coup led by Ro- berto Arias, a nephew of President Ar- •Various industries, including an nulfo Arias Madrid, and had support of oil refinery plant in Columbus were Fidel Castro, however not crystallized. created. The growing protest current sovereignty over the Canal, forced him to demand compliance with agreements contained in Remón- Eisenhower 1955 Treaty and put on alert the National Guard on potential conflicts with the settled American troops in Panama.

In his presidential term he was delivered with passion to study and solve the serious problems requiring immediate care. It helped to strengthen freedom, democracy, equality and justice. He respected separation of powers, never interfered in the judgments and decisions

of the judiciary and integrated, when pow- • Sewer of Panama City. L&E er of law gave him, with political opponents for a balanced and balanced justice.

Don Ernesto de la Guardia handed his powers to his successor, Ro- berto F. Chiari, on October 1, 1960. He was admitted as a full member of the Panamanian Academy of Lan- guage and was director in 1973, and was editor of the weekly Mundo Gráfico.

He died in the capital city after a long ill- ness on May 2, 1983, at the age of 78 years. Work of his term as president:

• Numerous primary and secondary schools, including Bolivar Institute were created.

• Institute of Housing and Ur- ban Development (IVU) was created. Bibliography: Ernesto De La Guardia, An exception Jr. president - Carlos Bolivar Pedreschi. Red Ecu - Knowledge with all and for all.

48 • Use of personal identification card (cedula) was taken. Legislación y Economía August 2016

What is the World Day Youth?

Francisco Pinzón - Legal Assistant [email protected]

he World Youth Day (WYD), is a cel- The spirit of WYD began in Rome during ebration of faith, where young people from the Jubilee of 1983-1984, called the Holy around the world gather in a particular Year of Redemption, one of the most im- Tplace, which is prepared in advance to wel- portant celebrations, the eve of Palm Sun- come young people from over 180 nations day, where more than 300,000 young peo- with different traditions and cultures, seek- ple from all parts of attendance world and ing to share their faith and their experienc- welcomed by about 6,000 Roman families, es and celebrate a big party in the presence of the Pope.

The World Youth Day (WYD) provide young people with various forms of meetings, which are an experience for both the spirit and life in community.

In addition to the celebrations of the great masses, with the presence of up to 800,000 people, there are other proposals for participants, such as catechesis held by the bishops, concerts, sermons, films, who participated in the international youth where young people around the world can Jubilee. Another significant event occurred express their respective languages their on April 22, 1984, when Pope John Paul II traditions, experiences and experiences. gave young people a wooden cross symbol- izing “the love of Jesus for humanity” and The Youth Festival is the celebration to proclaim that “only in Christ, dead and of the joy and the encounter with Je- risen, is there salvation and redemption “. sus through music, theater, dance and other artistic expressions and sports. On March 23, 1986, on Palm Sunday, it took 49 place in Rome, the first World Youth Day Legislación y Economía August 2016

with the “always ready to give an answer to fered greatly throughout history; deaths, everyone who asks you the reason for your threats, torture, violations of human rights hope” slogan, taken from the first letter of in all forms. One of the most impressive Peter (3:15). It was the first of a series of sites is Auschwitz, one of the concentra- meetings, which helped to be known to the tion camps of the Nazis. Being in that Holy Father, John place is really shocking; stories, memories Paul II as “The Pope that place keeps many and very painful, of young people”. which were marked in the hearts of ev- In it, he called the ery Pole. It is a cold place during the tour, next World Youth invites the silence as a sign of respect. Day in Buenos Ai- res, which was the As Poland has a very difficult as the country first World Youth past, we can also note that there has been a Day international. cradle of saints who are living examples to follow as Sister Faustina Kowalska and John The purpose of Paul II, the creator of the World Youth Day. this meeting is that both hosts and Within the course of the day we visited the guests benefit from first house of St. John Paul II turned into a the World Youth Days look: “The Church has wonderful museum where the full life of the much to convey to young people and young saint and tells all his experiences, even when people have much to convey to the Church. he suffered the attack nearly took his life; later she visited him in prison and forgave This dialogue must be frank, clear and cou- his assailant. We can also find in the muse- rageous. It will encourage the meeting and um used the costumes, stories of his family exchange between generations and will and relics of objects performing extra cur- be for the Church and society as a source ricular activities such as skiing her outfit. of wealth and youth “(Pope John Paul II.) Finally, Poland has many attractive plac- My Experience in the World Youth Day es to visit, but without doubt, the great- Poland Krakow 2016 est impact on me were the families who welcomed us, especially those of a town Poland was a great experience for me, since called Tarnoskie Gory, located an hour pre-conference which was held sporting from Krakow, who stood out for be hos- activities, Eucharistic celebrations, get-togethers with families in charge of welcoming pilgrims, visits to monu- ments, churches and tourist sites, up to start what is known as Day, which has been the meeting with the Holy Father, where there are other activities such as the vigil, concerts, catechesis Bishops from different regions of the world and Mass shipping or closing.

50 Poland is a country that has suf- Legislación y Economía August 2016

pitable, devoted, helpful, friendly people, “The people of Panama are proud that the and above all, very well prepared to host a Holy Father has recognized our country, World Youth Day, making alive the phrase the values of peace, dialogue and coex- they preach “Pilgrim at home, God at home.” istence are similar to those provided by Families are a key point in the conference and the World Youth Day,” said jubilant Pana- I can say this experience I stay with the desire manian President Juan Carlos Varela. to make things right. Dedication and love are It is true that Panama will be the first time the key to serve other people, no matter what. to host an event of such high magnitude of people; but just I tell them that ... For God nothing is impossible ... faith and strength in Him and see great results.

Finally I would like to extend a great in- vitation to all young people of the world who wish to live a different, wonderful and unique experience, come to Panama, this small land, but blessed by God, to live the faith and know the cultures and traditions of hundreds of countries who want to share their experiences as well.

Love was what those people taught The hope in the World Youth Day 2019 me on this pilgrimage and this is Panama ... God bless! L&E what I brought from Poland to share in Panama, starting with my family. Let me conclude by saying that mercy was present in this day and it proves that the theme of this 2016 “Blessed are the merciful for they shall obtain mercy” is the motto that we always carry in our hearts and celebrate the remainder of this year of practicing mercy with others.

World Day Panama Youth 2019

It is a tradition of World Youth Day Mass at the end of Shipping, the Pope will an- nounce where the next venue of the conference amid great expectation. This time was no exception; just when the Pope an- nounced that the next World Youth Day would be in Panama, Panamanians gathered at the scene could not hide our joy manifested shouting, hugging and waving flags. 51 GS Magazine February 2014 Albin Rodríguez [email protected]

Panama Participates Little League

RUNNING TITLE RUNNING World Series (Williamsport)

anama Aguadulce team The Panamanian team defeated turned a bitter pill for Mexi- against South Korea team in the cham- can team beating them pionship game by a score of 7 to 3. 10-2 in first game of both The Asian team took advantage of teams in the Little League World Series. the mistakes of panameñitos appar- ently nerves betrayed and handed bill. Joaquin Tejada, who left Venezuela no-hitterP in Latin American qualifiers, Consecutive homers by Carlos Gon- struck out nine Mexicans in four in- zalez and Esmith Pineda gave Lat- nings one third and Carlos Gonzáles in America (Panama) victory over then came close with a third inning Southeast team (Tennessee), 3 runs Irvingand two Saladino to be Molestocombined con in lasvictory. Fed- of 2, in match for third place World Series Little League culminating in eraciones Deportivas de Panamá Panama in the second game left Williamsport, Pennsylvania (U.S). Elin campeón the field olímpico Australia de team salto withlargo a Irvingscore Saladino of 3-2 and fustigó goes a to la semifinal. dirigen- Latin American representation was ciaWith deportivascore tied atde two Panamá runs, Torres en getssus a partial disadvantage, from 0 for 2 in redesthe passport sociales to playertras Williamel nulo Edwards; desem - the bottom of the sixth inning. With a peñothat allowedde los Carlosatletas Gonzalez de ese reach país the en runner on base, Gonzalez homered to tie it. Immediately afterwards it was lasplate, olimpiadas from third basede Ríowith dethe Janeiro.winning run for the Latin American representative. turn of Pineda who linked a solo homer to give the victory and third place EnIn previousuna carta entries, abierta Panama publicada got their en two esa in tournament Panamanian team. redruns social, in the bottomel también section ex of titular the second mun - dialchapter criticó with el a solopoco homer apoyo and que Joaquin reciben Te- Panama ended their participation losjada atletas in fourth y inning calificó by Leonardo de egoístas Bernal. a in the contest with complete re- algunos presidentes de federación, cord of four wins and one defeat. The Australian team scored its two runs Nevertheless, Panamanian team de- que tienen secuestrada estas enti- in the top of the sixth inning homer by serves a good reception because dadesa Brent deportivas, Iredale, with sin a verrunner el dañoon base. que all tournament showed courage seCarlos le haceGonzalez, al whodeportista took the moundpanameño. in the and heart to leave Panama on high. sixth inning, was the winning pitcher. Gon- Tenemoszalez replaced federaciones starter Esmith Pineda,secuestra who - dasgave 11por strikeouts muchas and three personas walks, allowed que !!! Congratulations Boys !!! Sport Capsule four hits and two runs in five full innings. L&E no miran el bien del atleta, mi-

52 Legislación y Economía August 2016

Irving Saladino upset with Sports Federations of Panama

Photograph: sun-sentinel.com

lympic long jump champion Irving their support because he knows what Saladino, castigated sports leader- happens to every athlete to represent ship of Panama in their social net- the country and what they do to bring Oworks after null performance of ath- on his chest the name of Panama. letes at Olympics in Rio de Janeiro. Saladino said that it is time to ex- In an open letter published in this social change views to plot a strategy to network, also a former world champion develop the national sport, as in criticized little support received by ath- Panama have untapped talent, we letes and called selfish to some presi- have lost in crime because we have a dents of federations who have kidnapped sports plan or municipalities, he said. these sports bodies, without seeing the damage done to Panamanian athletes. Finally, Saladino called Panamanian people to fight for the athletes, be- Our federations are kidnapped lieve in them and to give them bet- by many people who don’t look ter training facilities, because sport good athlete, looking rather gives us emotions and unions. L&E their welfare, he said.

If people knew what suffering athletes under command of certain federated, including conflicts that must overcome to attend Central powers, Saladino gave 53 Coach Bolillo Gomez ready for Legislación y Economía August 2016 war

have players with the ability says resounding.

olillo has to rebuild a badly damaged emo- Squad for games against Jamaica and tionally team. It required a lot of effort, but Costa Rica. it has brought great joy. Most, perhaps, win Bagainst Jamaica in Kingston, which has put Striker Luis Tejada and midfielder Ricardo Buitrago Panama in a privileged position: 3 point lead Juan Aurich of Peru; Luis Ovalle side of Zamora over their rivals before their next junction. F.C. of Venezuela and goalkeeper Jose Calderon Platense of Honduras will join LPF players traveling Panama already had a base of strength, tal- Sunday from Panama to Fort Lauderdale for the con- ent. What we have tried has been not as front centration of the national team for matches against as in past, but quickly recovered the ball and Jamaica and Costa Rica in World Cup qualifying. have patience to find the spaces. With that pa- The group of eight players and coaches will travel in tience, we become stronger and avoid backlash- morning and have contemplated making a regenera- es explains the evolution technical team style. tive work in afternoon hotel concentration in Florida. Joel Edgar Barcenas, Michael Amir Murillo, The appointment with the Reggae Boyz will be a Amílcar Henríquez and Manuel Vargas are lo- litmus test to determine the strength of this proj- cal tournament players who were called by ect the Colombian coach initiate two years ago. coaching staff for next qualifying matches. We know Jamaica. The match was very compli- The match against selection of Jamaica is the most cated Kingston, despite victory, and we know important stage of this group because if Panama- that in CONCACAF distances are very small. It nian selection wins pass to hexagonal without any will be difficult, but we have worked hard and problem leaving out selections of Haiti and Jamaica. are ready to submit our style contrary, he says, This match against Jamaica will be very physi- downplaying the weight of history or rival. cal and speed. The director of the red is committed to the scheme raised against selec- A road already traveled, faith of coach team is tion of Jamaica as they come to seek victory to based on facts. These players have actually been able to give these differentials steps. They played late Gold Cup, have advanced to Hexagonal. It has failed to qualify for the World Cup but all previous itself has been achieved. We arrived with advantage in a good position and players have been down this road successfully.

It is not the only thing that re- inforces optimism Bolillo. For the 60-years experience of his team will be critical. This team has a significant degree of ma- turity. We have four or five players very widespread in football and others have any chance on the final day as it touches

54who, without being so veterans have a huge them with the weakest team that is Haiti. L&E dose of experience. So I’m not worried, we Legislación y Economía August 2016 Cultural Capsule Mariela de Sanjur THEATRE [email protected]

• ABA Theatre: My Dear FAIRS AND Dinosaur July 3 to 11 sep- tiembre..11: 00 and 1:00 FESTIVALS: A.M p.m.8: 00 p.m. • Flower of the Holy Spirit Fair 1 to 4 September in • Inida Theater: An adventure Robots, August Las Minas Herrera. 28 to September 25, 11:00 am and 1:00 pm Sundays. • Fair of the Sea 12 to 18 September, Bocas del Toro. • Teatro El Angel: Be unfaithful, but know who, from 10 August to 4 September. 8:00 pm. • Organica Panama Roots Festival, 17 september Plaza Amador. • Anayansi Theatre - ATLAPA: The Phantom of the Opera from 23 to 25 September – Pan- • Marjorana Festival, Guararé 23 to 27 Septem- atickets. ber.

• Multipurpose space GECU: The Myth of • Changuinola Bocas del Toro Fair 27 September Gravity a small act of social perversion until to 2 October. September 11, 8:00 PM. • Guararé, Parade of carts. • Bambalinas theater: ‘Villains in trouble’, until 11 September 2016. Tickets on sale at the • Hip Hop pal Town, Sports Complex Active 20- theater box office. For more information call 30 Club - Colón, August 28 from 11:00 a.m. to telephone numbers: 394-4815 / 6030-6867. 6:00 p.m.

• Teatro La Station: “The devil will be with you” until September 11, 2016. MUSEUMS AND EXHIBITIONS: • Ascanio Arosemena Theater: Los Locos Ad- • Interoceanic Canal Museum: Mexico Fantastic ams from 6 to 10 September, Panatickets. Identity July 28 to 18 septem- • Moliere Petit Study: Another lady face from ber.9: 00 AM to 5:00 PM 7 to 18 September. • Museum of Contemporary Art (MAC): The Exhibition “Sound- scape Panama City” from July SPORTS 13 to September 13 10:00 a.m. to 5:00 p.m.

• Bimbo • MAC: Symbiosis of color. Exhibition of Contem- Global En- porary Chinese Panamanian Art. From July 27 to ergy 2016 September 2 10:00 a.m. to 5:00 p.m. Race, 25 september – Coastal Strip - 3,5 and 10 Km. • Exhibition “The Prado Museum in Panama” • Soccer Game: Panamá vs Jamaica, 2 sep- Plaza de Francia until Sunday 18 september. 55 tember, Rommel Fernández Stadium Legislación y Economía August 2016

CONCERTS AND ACTIVITIES AND PRESENTATIONS: FESTIVITIES:

• Pride Night 2016 Lucho De Sedas, Samy and Sandra, and • Day of Indigenous Wom- Osvaldo Ayala, 23 september at the Conven- en on September 5. tion Center Vasco Nunez de Balboa (value $ 31.21). • Signing treaties Carter Torrijos September 7, • Traditional Panamanian Diablicos Food - 1977. Typical Shows on Live Friday Thursdays and Saturdays at 8:30 p.m. • Nativity of the Blessed Virgin Mary on Sep- tember 8. • WILLIE COLON Celebrating its 50-year ca- reer: Friday September 23, 2016, 8:00 pm • Our Lady Del Prado, Tolé. AMADOR Convention Center.

• Son by 4 and his band, Sept. 3 - Convention • International Literacy Day 8 september. Center Vasco Nunez de Balboa. • Santa Maria La Antigua 9 September. • Vocal Sampling, Sept. 10 Hotel Riu - tickets at Ticket Center. • International Day of Democracy 15 september.

• International Day for the Prevention of Ozone Layer on September 16. SEMINARIOS, CONGRESOS, • International Day of Peace on September CHARLAS, CURSOS Y EXPO 21.

• IV Development Laboratory • Alzheimer’s Day on September 21. Cinematographic Projects, until 19 September. • Book Week 22 to 29 September.

• PANAMA MEDICAL EXPO • Our Lady of Mercy, September 23. 2016, May 23 - September 24 | Atlapa Convention Center. • St. Vincent de Paul, September 27. • EXPO MUEBLE: Home and Office 23 - Septem- ber 25 | Atlapa Convention Center • World Tourism Day, September 27.

• PANAMA Expologística 2016 19 - OCT 21 | • Feast of the Holy Angels (San Miguel, San AT¬LAPA Convention Center. Rafael and San Gabriel), 29 September.

• Building Workshop on Bamboo with renowed • World Heart Day on September 29. Jörg Stamm, City of Knowledge -Clayton from 22 to 25 September. • International Translator Day 30 september. • Expográfica 15 to 18 September in ATLAPA. L&E

• CAPAC Expo Habitat 2016, 7 to 11 september, Atlapa Convention Center.

56 Legislación y Economía August 2016

57 Legislación y Economía August 2016

Alianzas alrededor del Mundo

Mitrani, Caballero, Rosso Alba, Francia, Ojam & Ruiz Moreno-ARGENTINA

Guevara & Gutiérrez S. C. Servicios Legales- BOLIVIA

Machado Associados Advogados e Consultores- BRASIL

DSN Consultants Inc- CANADÁ

Lewin & Wills Abogados- COLOMBIA

Rivera, Bolívar y Castañedas- PANAMÁ

Espinosa & Asociados- CHILE

Lawnetworker S.A. Asesores Legales- ECUADOR

Peter Byrne & Associates- ESTADOS UNIDOS

Machado Associados Advogados e Consultores- ESTADOS UNIDOS

Ortiz, Sosa, Ysusi y Cía., S.C.- MËXICO

Estudio Rubio Leguia Normand & Asociados- PERU

Adsuar Muñiz Goyco Seda & Pérez-Ochoa, P.S.C.- PUERTO RICO

Pellerano & Herrera- REPÚBLICA DOMINICANA

Alvarado & Asociados- NICARAGUA

Torres, Plaz & Araujo- VENEZUELA

Facio & Cañas- COSTA RICA