Concerns raised over legal threats to media freedom in Panama

Introduction

José Raúl Mulino elected President of Panama

On 5th May 2024, Panamanians elected José Raúl Mulino, the candidate for the Realising Goals (Realizando Metas, RM) party, as their next president. Mulino secured just 34 per cent of the vote, as many voters prioritised economic recovery over concerns about corruption. Meanwhile, independent candidates made significant gains in the legislature. This political fragmentation signals a shift in public sentiment, presenting Mulino with the challenge of governing without a clear majority.

This election, which was significant for Panama’s future, also involved the selection of all 71 seats in the National Assembly, 20 deputies to the Central American Parliament, and local representatives. Mulino, running in place of former President Ricardo Martinelli—who was disqualified from the election due to a money-laundering conviction—benefited from his association with Martinelli.

Mulino’s administration will face numerous challenges, including economic slowdowns, the impact of public protests in 2023, and environmental and governance issues tied to a controversial mining contract.

Escazú Agreement violations highlighted in Panama’s controversial mining contract

On 24th March 2024, the Panamanian government published a draft mining contract between the state and Minera Panamá, a subsidiary of First Quantum Minerals (FQM). This contract, which grants the company rights to operate the largest open-pit copper mine in Central America, has raised significant concerns regarding governance, rule of law and environmental protections.

Transparency International Panama highlighted deficiencies in the contract’s compliance with domestic and international legal frameworks, including Panama’s obligations under the Escazú Agreement. Key environmental and social rights protection provisions were overlooked during the approval process, with minimal legal safeguards for affected communities and ecosystems.

As previously reported, in October and November 2023, a broad cross-section of people mobilised to oppose the government’s decision to renew FQM’s mining concession for an additional 20 years. The protests culminated in the Supreme Court’s decision to annul the contract later that year.

Expression

Journalists assaulted while covering electoral events

On 26th February, during a presidential debate at the University of Panama, supporters of Maribel Gordón—independent presidential candidate—and construction union members (SUNTRACS) reportedly assaulted a TVN Media journalist Yenny Caballero, and Franklin Mora cameramen covering the event. The incident began when election officials asked the crowd to lower their music volume and when media workers were subjected to shouts and blows.

The National College of Journalists (CONAPE) condemned these acts, urging an investigation into the incident and advocating for the protection of journalists, “We categorically reject all forms of violence and hate speech directed at journalists across the country. We call on all campaigns and political actors in this contest to honour the electoral ethics pact and respect the work of journalists.”

Likewise, on 7th May, CONAPE reported that National Police officers attacked journalists covering election results in Coclé province, using physical force and pepper spray. CONAPE also condemned the incident and called for an impartial investigation to hold those responsible accountable. “The safety and security of journalists remain paramount to ensuring an environment conducive to exercising press freedom, a cornerstone of democratic societies.”

Electoral Tribunal dismisses complaint against journalist for publications on former President Martinelli

On 11th March 2024, Panama’s Electoral Tribunal confirmed the dismissal of a complaint filed against journalist Álvaro Alvarado, which sought to prevent him from publishing the photo and name of former President Ricardo Martinelli. Alejandro Pérez, Martinelli’s legal representative, appealed a prior decision by the National Directorate of Electoral Organisation, which dismissed the complaint on 18th October 2023. The Electoral Tribunal rejected the appeal and upheld the earlier ruling, ordering the case to be closed.

The complaint aimed to ban Alvarado from disseminating information about Martinelli, claiming that such publications infringed on the former president’s rights. In his defence, Alvarado argued that preventing him from publishing Martinelli’s photo and name would violate constitutional protections on freedom of expression. He clarified that his reports were purely informational and neither featured political advertisements on his platforms nor received direct or indirect sponsorship from Martinelli’s political rivals.

In this instance, the Tribunal concluded that there was insufficient evidence to substantiate the claims against Alvarado, and the allegations were dismissed as unfounded.

Defamation cases raise concerns on press freedom

On 4th April 2024, the First Superior Tribunal upheld a civil judgment against Geo Media, S.A., part of the publishing group El Siglo y La Estrella de Panamá (GESE). The court ordered Geo Media to pay US$10,000 in moral damages to lawyer Nelson Carreyó for articles published in 2013 that were deemed “injurious to honour and reputation.”

An additional sum of US$2,500 was ordered to cover legal fees. This judgment followed an earlier ruling by the Fourteenth Civil Circuit Court of the First Judicial Circuit of Panama, which had ordered the payment of US$46,200 in costs, a decision later modified by the Superior Court, exempting Carreyó from this payment.

The articles in question, published by La Estrella de Panamá and El Siglo in June and July 2013, referred to Carreyó while he was a candidate for the magistrate position at the Maritime Appeals Court. The articles stated that criminal proceedings were pending against Carreyó, allegations which the courts later found to be false. The judgment concluded that these assertions were defamatory and damaged Carreyó’s honour and reputation:

“Upon careful examination of the psychosocio-economic expert evidence and the economic evidence, and in consideration of the claims outlined in the complaint, the Court concludes the following: While it is acknowledged that the content of the publications in question constitutes an affront to the honour and reputation of the plaintiff, Mr. Nelson Carreyó, the material and emotional or psychological damages he asserts to have suffered are not directly attributable to said publications. Instead, these damages stem from his non-selection for the judicial office in question, as well as his non-appointment to the office of the Panama Canal Authority.”

In response, on 10th April, the National Journalism Council (CNP), the Forum of Journalists for Freedom of Expression and Information, the Panamanian Broadcasting Association and the Association of Journalists of Chiriquí issued a joint statement, highlighting the “dangerous precedent” being set against journalism in Panama.

The organisations argued that, in this particular case, the alleged moral damages were unproven. They also pointed to delays in legal processes and the imposition of penalties, which seriously threaten the financial stability of media outlets. The statement acknowledged that while media must maintain responsible and accurate reporting, imposing excessive investigative requirements could effectively lead to prior censorship.

This case aligns with the broader legal context in Panama, where media organisations increasingly face legal action for defamation to intimidate and threaten journalists reporting on issues of public interest, such as corruption. In April 2024, the Inter-American Press Association (IAPA) also raised concerns about the situation in the country, specifically regarding the media and the civil lawsuits they have faced in recent years. IAPA warned of a negative trend affecting the press over the past year, highlighting growing pressures and legal challenges that pose serious threats to press freedom in the country.

In April 2023, the UN Human Rights Committee recommended to the Panamanian state that libel and slander laws not intimidate or threaten the media and journalists and that imprisonment for these offences be abolished, as such penalties are never appropriate in these cases.

Peaceful Assembly

During the reporting period, several peaceful protests occurred across the country. The most notable include the following:

• On 26th February, retired National Police officers staged a five-hour roadblock on the Inter-American Highway, in the Divisa area, to demand the payment of a seniority bonus they claim has been owed since 2014. They also called for including in the pension scheme officers who have retired in recent years, after completing 30 years of service. The protesters cleared the highway while protest leaders held a closed-door meeting with the Vice-Minister of Security and the Director of the National Police.
• On 28th February, protesters gathered at the Ministry of Commerce and Industries to express concerns over the government’s failure to comply with the Supreme Court’s November 2023 ruling, which annulled the mining concession granted to a Canadian company. Protesters also condemned the lack of environmental audits for the definitive closure of the Donoso mine and the absence of disaster prevention measures.
• On 29th February, teachers at Stella Sierra School in Arraiján, West of Panama, protested to highlight the school’s deficiencies and called on the Ministry of Education (MEDUCA) to address the issue. The teachers demanded an expedited maintenance process, which has been delayed due to bureaucratic hurdles.
• On 19th March, members of the National Union of Construction and Allied Workers (SUNTRACS) blocked roads for the arbitrary closure of 18 union bank accounts and 15 accounts belonging to its leaders. According to the Business and Human Rights Resource Centre, these closures occurred after SUNTRACS began protesting in 2023 for the 20-year mining concession granted to Minera Panamá.

• On 21st March and 30th May, the Movement for a Green Veraguas protested to demand a ruling of unconstitutionality for Law 92 of 2013, which grants Veragold Corporation a mining concession in Veraguas. Additionally, they called for the annulment of other mining concessions under Law 339 of 2022, which designates the Santa María River Basin as a protected area. This law prohibits mining and any activities that may harm the river or its surrounding ecosystem.
• On 12th April, civil society, led by youth groups, protested in response to corruption scandals and inflammatory remarks by political candidates. Protesters gathered outside the Comptroller General’s Office, condemning the misuse of public funds and rejecting academic economic assistance programmes.

• On 1st May, civil society took to the streets of the capital city to denounce the deeply entrenched developmentalist, exploitative, and corrupt systems. Marked International Workers’ Day, protesters called for urgent social and economic reforms, highlighting the upcoming 5th May presidential elections as a pivotal moment for change. Their demands also focused on improving working conditions and shaping a better future for the country.

Report on human rights violations during 2023 anti-mining protests

On 6th May 2024, environmental organisations presented a report on the widespread human rights violations in Panama during anti-mining protests following the government’s signing of a controversial contract with First Quantum Minerals. Protesters, including environmentalists, Indigenous people and students, faced excessive police force, arbitrary detentions and criminalisation. Four people were killed, and many suffered severe injuries.

The report also noted the lack of transparency in the contract’s approval and the use of hate speech against protesters, fostering a hostile environment supported by public and private entities.

Association

Business activities and human rights abuses in Panama

On 29th February 2024, the Inter-American Commission on Human Rights (IACHR) held a hearing to address human rights violations linked to corporate activities in Panama. The session focused on the negative impact of these corporate activities on indigenous and rural communities. Civil society organisations highlighted systemic failures in Panama’s regulatory framework. These shortcomings have left indigenous and rural populations vulnerable to environmental damage and land dispossession without adequate legal protections.

A prominent case involved the extensive use of agrochemicals in pineapple farming in La Chorrera. Reports from civil society indicated that inadequate environmental impact assessments led to contamination of local water supplies. Despite administrative sanctions and fines against the corporations, enforcement remains weak, with companies continuing their operations without addressing the harm caused. The Barro Blanco hydroelectric project emerged as another significant issue, where indigenous lands were flooded. Affected communities stated that the project advanced without their free, prior and informed consent, a requirement under international human rights law.

The hearing underscored the urgent need for Panama to prioritise the rights of indigenous and campesino communities in any future business activities or developments that may impact their livelihoods or territories. The IACHR called for strengthened national regulatory enforcement and the provision of effective remedies for those affected. Addressing these root causes is essential in preventing further human rights violations and ensuring the protection of vulnerable populations.