LAW 406 IS DECLARED INSTITUTIONAL IN PANAMA

On November 28, 2023, the Supreme Court of Justice of Panama declared Law 406 of October 20, 2023, which regulated the exploitation of the Cobre Panamá copper mine, unconstitutional. This decision put an end to a social and political crisis that had paralyzed the country for more than a month.

Law 406 was approved by the National Congress of Panama in a context of strong pressure from the mining company First Quantum Minerals, owner of the Cobre Panamá mine. The law granted First Quantum a series of tax and environmental benefits that were widely criticized by environmental and social groups.

The protests against Law 406 began on October 20, 2023, the same day it was approved. Protesters blocked roads, burned tires and held marches across the country. The social and political crisis worsened on November 2, when the police violently repressed a march in the city of Santiago de Veraguas, leaving two dead and dozens injured.

Faced with social pressure, the president of Panama, Laurentino Cortizo, announced on November 15 his intention to veto Law 406. However, the veto was rejected by the National Congress on November 22.

The Supreme Court's decision to declare Law 406 unconstitutional was a triumph for the environmental and social groups that had led the protests. The decision was also a setback for the Cortizo government, which had supported the law.

The Supreme Court's declaration had an immediate impact on the political situation in Panama. Protesters lifted roadblocks and marches slowed. The Cortizo government announced that it would begin a dialogue with environmental and social groups to find a solution to the conflict.

However, the crisis is not over yet. Environmental and social groups have warned that they will continue fighting to respect the environment and the rights of indigenous peoples. The Cortizo government, for its part, has said that it is committed to finding a solution that satisfies all sectors.

The context of the declaration of the Supreme Court of Panama is complex. The country faces a series of challenges, including social inequality, poverty and climate change. The Cobre Panamá mine crisis has highlighted the need to address these challenges comprehensively.

The Supreme Court's statement is a positive step, but it is not enough. The government of Panama must take concrete measures to protect the environment and guarantee the rights of indigenous peoples. Only in this way can conflicts like the one at the Cobre Panamá mine be repeated.

Below is a more detailed analysis of the factors that led to the declaration by the Supreme Court of Panama:

Political factors

Law 406 was approved by the National Congress of Panama in a context of strong pressure from the mining company First Quantum Minerals. The law granted First Quantum a series of tax and environmental benefits that were widely criticized by environmental and social groups.
The president of Panama, Laurentino Cortizo, supported Law 406, which generated discontent among environmental and social groups.
Protests against Law 406 intensified after the violent police repression of the November 2 march.

Social factors

Law 406 was perceived by environmental and social groups as a threat to the environment and the rights of indigenous peoples.
The protests against Law 406 had the support of a wide range of social sectors, including unions, students and human rights organizations.

Economic factors

The Cobre Panamá mine is the largest copper mine in Central America. The mining company First Quantum Minerals is one of the country's largest employers.
The approval of Law 406 was seen by some sectors as an opportunity to promote the economic development of the country.

Conclusions

The declaration of the Supreme Court of Panama is a positive step for the protection of the environment and the rights of indigenous peoples. However, the crisis is not over yet. The government of Panama must take concrete measures to address the challenges that led to the crisis.