People celebrate after learning of the decision of Panama's Supreme Court of Justice, in Panama City, Panama, on 28 November 2023. EFE/ BienvenidoVelasco

Panama celebrates unconstitutionality of mining contract and reopens roads

Panama City, Nov 28 (EFE). – Demonstrators who blocked some of Panama’s main roads for more than a month to protest a controversial mining contract began reopening them Tuesday after the Supreme Court declared “unconstitutional” Law 406, which includes the agreement between the state and Minera Panama, a subsidiary of the Canadian company First Quantum Minerals (FQM).

Plaintiff lawyer Juan Ramón Sevillano shows a document today, at the Supreme Court of Justice of Panama, in Panama City (Panama). EFE/ Bienvenido Velasco

“Democracy has worked, the total independence of the judiciary has been demonstrated, as established by our Political Constitution and reaffirmed in this historic and unanimous ruling,” said Panama’s Ombudsman, Eduardo Leblanc, in a message on social networks.

“Now, as Panamanians, we must open the roads, return to the classrooms, to work and to the communities. Recover the economy,” he added.

The Ombudsman reported “the opening of all points,” except for two bridges, one of which was later opened.

Some announcements circulating on social media showed protesters and security forces, who until recently had faced each other with rocks and tear gas, working together to remove logs and rocks blocking the roads.

People celebrate after learning of the decision of Panama’s Supreme Court of Justice, in Panama City, Panama, on 28 November 2023. EFE/ Bienvenido Velasco

The roadblocks caused millions of dollars in losses and shortages in the cities, and also cut off the flow of goods between Panama and the rest of Central America, which is why Leblanc warned that “the times ahead are not easy” and they must “walk with unity and reason toward recovery.

Adolfo Fábrega, president of the Panamanian Chamber of Commerce, Industry and Agriculture, also called for the ruling to be obeyed and for the protests that have paralyzed the country to end.

“From this ruling, the protesting groups must open channels of communication, allow free transit and restore the social peace necessary to resume daily activities for citizens,” he wrote on X (formerly Twitter).

The plenary session of the nine judges of the Supreme Court of Justice, chaired by President María Eugenia López, “unanimously” declared unconstitutionality early Tuesday.

The ruling comes in response to two appeals filed against Law 406, approved on October 20 by the unicameral Parliament and the executive of President Laurentino Cortizo, which contains the treaty.

“The judges that make up the plenary session have unanimously decided to declare the entire Law 406 of October 20, 2023 unconstitutional. This means that the aforementioned law is excluded from the regulatory system that governs the country,” declared the president, accompanied by the rest of the plenary, in a statement broadcast live.

Celebrations at the Supreme Court

The Supreme Court’s decision was greeted with joy with percussion, music, flags and speeches by some of the activists who led the protests, such as environmentalist Raisa Banfield, a member of the “Panama is Worth More Without Mining” movement.

“Yes, it was possible, and the fact that it was an unanimous decision also says a lot. Now we want to read the ruling, because in its consistency and in its motivation it will be super decisive to be able to defend ourselves before international bodies.” Banfield told EFE.

“First Quantum miners and others must be angry and may come with fury, but we are not afraid,” she added.

According to the environmentalist, their defense is that “beyond the fact that the law failed, the constitutional order was restored, the dignity of the Panamanian people, which was sullied, which was betrayed by the executive that negotiated the contract behind people’s back, and by the legislature that approved it behind the back of the people,” after a three-day debate.

The Supreme Court had already declared unconstitutional in 2017 the law contract that in 1997 approved the concession for the exploitation of the mine, first granted to the now defunct company Minera Petaquilla, whose rights reverted to Minera Panamá after several sales.

Banfield celebrated that on this occasion the ruling came “in time, because last time it took 20 years”.

“The fact that it happened today, at the right time and in accordance with the law, is due to the Panamanian people, who did not let down their guard (…) And a decisive factor, beyond all the unions and organizations, environmentalists, teachers, workers, are the young people who made a difference,” said the activist.

It was precisely young people who, especially during the first weeks of protest, until the government decided to back down and leave the future of the mining contract in the hands of the Supreme Court, took to the streets en masse, without political coloration, to star in the protests, the largest in the country in decades.

“The young people assumed their historical responsibility and made a difference. Thanks to the Panamanian youth who have already assumed their role in the transformation of our country. Panama is green, Panama does not sell itself, it defends itself,” concluded the environmentalist. EFE

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