Panama is a country located between North America and South America, bordering Costa Rica and Colombia. As well as the Caribbean Sea to the north and the Pacific Ocean to the south. Panama is well known throughout the world for the Panama Canal. The population of this country is approx 43,37,000 with 75,417 square kilometers area. The official language is Spanish. 91% are Christian, of which two-thirds are Roman Catholic. About 8% of people do not believe in any religion.
Panama's constitution is one of the best constitutions in the world. Prisons shall have the necessary facilities to train inmates so that they can be easily rehabilitated after release. Authorities ensure all citizens:
● Obtaining quality products and services;
● knowing true, clear and adequate information about the characteristics and ingredients of the products and services purchased;
● freedom of choice;
● Guarantee of justice for rights violations
Parents have equal responsibility towards children born in wedlock and children born out of wedlock. It is illegal to form political parties based on gender, ethnic identity or religion. Any business relationship of the state with the Member of Parliament is prohibited. Relatives of the last President are ineligible for election to the presidency.
These are positive aspects. Now let's discuss the negative aspects.
The law-making process in Panama is unusually complex. As bias towards Christianity exists, there is also constitutional recognition of so-called 'indigenous' communities.
Admirable Articles of Panama's Constitution
Article 19
There shall be no public or private privileges, or discrimination, by reason of race, birth, social class, handicap, sex, religion or political ideology.
Article 20
All Panamanians and aliens are equal before the Law, but the Law, for reasons of labor, health, morality, public security and national economy, may subject to special conditions, or may deny the exercise of specific activities to aliens in general. Likewise, the Law or the Authorities may, according to circumstances, take measures that exclusively affect nationals of certain countries, in case of war, or in accordance with what may be established in international treaties.
Article 21
No one may be deprived of his/her liberty except by warrant from a competent authority, issued in accordance with legal formalities, and for reasons previously defined by law. Those executing said order are obliged to give a copy thereof to the person concerned, if he/she requests it.
An offender surprised in the act of committing a crime (flagrante delicto) may be apprehended by any person and must be turned over immediately to the authorities.
No one may be detained for more than twenty-four hours without being brought before a competent authority. Public Officers who violate this precept shall suffer immediate loss of employment and shall be subject to all other penalties established by law, concerning this violation.
There shall not be imprisonment, detention or arrest for debts or strictly civil obligations.
Article 22
All persons placed under arrest must be informed immediately, and in an understandable manner, of the reasons for their arrest, and of their Constitutional and corresponding legal rights.
Persons accused of committing a crime have the right to be presumed innocent until proven guilty, at a public trial, under due process of law. Whoever is arrested shall have the right, from that moment, to legal counsel in all police and judiciary proceedings.
This matter shall be regulated by law.
Article 26
The domicile, or residence, is inviolable. No one may enter therein without the consent of the owner, except by warrant of a competent authority and for a specific purpose, or to assist the victims of a crime or disaster.
Labor, social security and health officials, upon presentation of valid identification, may make domiciliary visits, or inspections of work centers, to check on the fulfillment of social and public health laws.
Article 27
Every person may travel freely throughout the National territory and change domicile, or residence, without restrictions, other than those which the transit, fiscal, health, and immigration laws or regulations may prescribe.
Article 28
The penitentiary system is based on principles of security, rehabilitation and social defense. It is unlawful to apply measures which may damage the physical, mental, or moral integrity of incarcerated individuals.
A program for training prisoners in an occupation shall be established, which should permit them to be usefully reintegrated into society.
Prisoners who are minors shall be governed by a special system of custody, protection and education.
Article 49
The State recognizes and guarantees the right of every person to obtain quality goods and services, truthful, clear and sufficient information about the characteristics and the substance of the goods and services which he/she purchases, as well as the freedom of choice and the right to conditions of fair and equitable treatment.
The law shall establish the mechanisms necessary to guarantee these rights, the education and the means of defense of the consumer and user, the compensation of damages caused and the sanctions applicable to the violation of these rights.
Article 51
In case of war, grave disturbances of public order or urgent social interest requiring prompt action, the Executive Authority may decree the expropriation or seizure of private property.
When return of the seized object is feasible, the seizure will be only for the duration of the circumstances that may cause it.
The State is always responsible for all expropriations that the Executive Authority thus carries out, and for the losses and damage caused by the seizure, and will pay the value thereof as soon as the determining cause for the expropriation or seizure ends.
Article 57
Marriage is the legal basis of the family. It rests on equality of rights of both spouses and may be dissolved in accordance with the provisions of the law.
Article 60
Parents have, with respect to their children born out of wedlock, the same duties as towards their children born in wedlock. All children are equal according to law, and have the same rights of inheritance in intestate successions. The rights of minors or incapacitated children and of destitute parents in testate successions, shall be recognized by law.
Article 66
Rules of periodic adjustment of the minimum salary or wage of the worker shall be set by law, to cover the normal requirements of his/her family, to improve worker's standard of living according to specific conditions of each economic region and activity. The law may also determine the method of fixing minimum salaries or wages for professions or trades.
Whenever job or piece work is performed, it is obligatory that the minimum wage be ensured for each day's work.
The minimum of all wages or salaries is un-attachable, except for support obligations as established by law. Working tools of the workmen are also un-attachable.
Article 67
A like wage or salary shall always be paid for like work under identical conditions, irrespective of the person who performs it, without taking into account sex, nationality, age, race, social standing, political or religious ideologies.
Article 93
It is recognized that the purpose of Panamanian education is to encourage in the student the formation of a national conscience based on knowledge of the history and problems of the country.
Article 109
It is an essential function of the State to protect the health of all the people of the Republic. The individual, as part of the national community, is entitled to promotion, protection, conservation, recovery and rehabilitation of his/her health and the obligation to preserve it, health being understood to be complete physical, mental and social wellbeing.
Article 110 (Part of it)
In matters of health, the State is primarily obliged to develop the following activities, integrating the functions of prevention, cure and rehabilitation in the:
● Combating of contagious diseases through environmental health, development of potable water availability, and adopting methods of immunization, prophylaxis, and treatment to be provided collectively and individually to all the population;
Article 119
The State, and all the inhabitants of the national territory, have the obligation of promoting economic and social development that prevents environmental contamination, maintains ecological balance, and avoids the destruction of ecosystems.
Article 126 (Part of it)
To fulfill the objectives of the Agrarian Policy, the State shall carry out the following activities:
● Grant necessary farm lands to rural dwellers and regulate the use of the water. A special system of collective ownership for rural communities which so request may be established by law;
● Organize credit assistance to meet the financial needs of agricultural and cattle operations, and particularly those of low income persons and groups, and give special attention to small and medium producers;
● Take measures to ensure stable markets and fair prices for products and to foster the establishment of Agencies, Corporations, and Cooperatives for production, processing, distribution and consumption;
● Settle new lands and regulate the tenure and use of such lands and of those incorporated into the economy as a result of the construction of new highways;
● Foster the development of the Agrarian Sector by means of technical assistance and promotion of organization, training, protection, mechanization and other activities determined by law;
Article 135
Voting is a right and a duty of all citizens. The vote is free, equal, universal, secret and direct.
Article 139
It is unlawful to form political parties based on sex, race, or religion, or that have as their purpose the destruction of the democratic form of government.
Article 141
The State may supervise and contribute to the payment of expenses incurred by natural persons and political parties in the electoral process. Such supervision and payment shall be determined and regulated by law, ensuring equality of expenditures to all parties and candidates.
Article 150
Members shall act in the interest of the nation and shall represent in the National Assembly their respective political parties and their constituency voters.
Article 158
Assembly members may not themselves, or through other parties, make any contracts with State entities, or with institutions or businesses related to the latter, nor accept from anyone authority to conduct negotiations with these entities, institutions or businesses.
The following cases are excluded:
1. When a member makes personal or professional use of public services or performs current operations of the same nature with institutions or entities affiliated with the State;
2. When contracts awarded through public bidding exist between institutions or entities mentioned in this Article and non-shareholder companies in which a member is a partner, provided that he/she has become a partner prior to his/her election;
3. When contracts, awarded with or without public bidding, are concluded with such institutions or entities by shareholder companies in which one or more members do not hold more than twenty percent (20%) of the total shares;
4. When a member acts in his/her capacity as a lawyer before a judicial body outside the session period or with authorization granted by the plenary of the National Assembly during the session period.
Article 192
There may not be elected President of the Republic:
● A citizen who, called to exercise the Presidency because of permanent absence of the President, has held the position at any time during the three years immediately preceding the term for which the election is held;
● Relatives within the fourth degree of consanguinity or second degree of marital relations of a President of the Republic who has held office in the term immediately preceding, or such relatives of the citizen referred to in numeral 1 of this Article.
Article 193
The following persons may not be elected Vice-Presidents of the Republic:
● The President of the Republic currently serving his/her term of office when the election for Vice-President of the Republic is for the term immediately following said term;
● Relatives within the fourth degree of consanguinity or the second degree of marital relations of the President of the Republic, for the term following that in which said President has held office;
● A citizen who, as Vice-President of the Republic, has held the Presidency in a permanent manner at any time during the three years preceding the term for which the election is being held;
● Relatives within the fourth degree of consanguinity or second degree of marital relations of the citizen mentioned in the preceding section, for the term immediately following that in which that citizen has held the Presidency of the Republic;
● Relatives within the fourth degree of consanguinity or the second degree of marital relations of the President of the Republic.
Article 201
The Administration of Justice is free, expeditious, and uninterrupted. The pleadings and action of all Court proceedings shall be recorded on simple paper, and shall not be subject to any tax.
Vacations of the Justices, Judges or Judicial Branch employees shall not interrupt the continuous functioning of the respective Tribunals.
Article 284
The State will intervene in any kind of private enterprise, in accordance with the regulations established by law, to ensure social justice to which the present Constitution refers and especially for the following purposes:
● To regulate, through special institutions, service rates and prices of items of any nature and specially those of basic necessity;
● To demand proper efficiency in services and adequate quality in articles mentioned in the preceding section;
● To coordinate services and the production of goods. Articles of basic necessities shall be defined by law.
Article 298
The State shall ensure the freedom of economic activity and free competition in the markets.
The laws shall establish the modalities and conditions which guarantee these principles.
Facts of Panama's Constitution
Preamble
With the ultimate purpose to strengthen the Nation; to guarantee the freedom, ensure democracy and institutional stability, exalt human dignity, promote social justice, general welfare, regional integration and invoking the protection of God, we decree the Political Constitution of the Republic of Panama.
Article 35
All religions may be professed and all forms of worship practiced freely, without any other limitation than respect for Christian morality and public order. It is recognized that the Catholic religion is practiced by the majority of Panamanians.
Article 46
Laws have no retroactive effect, except those of public order or social interest when such is expressed. In criminal matters the law favorable to the accused always has preference and retroactivity, even though the judgment may have become final.
Article 80
The State recognizes the right of every individual to participate in the Culture of the Nation, and shall foster the participation of all inhabitants of the Republic in National Culture.
Article 88
Aboriginal languages shall be the object of special study, conservation and dissemination. The State shall promote programs of bilingual literacy in indigenous communities.
Article 90
The State recognizes and respects the ethnic identity of national indigenous communities, and shall establish programs to develop the material, social and spiritual values of each of their cultures. It shall establish an institution for the study, preservation and publication of these cultures and their languages, and for promotion of full development of said human groups.
Article 124
The State shall give special attention to indigenous farming communities, with the purpose of promoting their economic, social, and political participation in the national life.
Article 127
The State guarantees to indigenous communities the reservation of necessary lands an collective ownership thereof, to ensure their economic and social well-being. Procedures to be followed for obtaining this purpose, and the definition of boundaries within which private appropriation of land is prohibited, shall be regulated by law.
Article 285
Panamanian capital must constitute the majority
invested in private undertakings of public utility that operate in the
country. Exceptions shall be permitted and defined by law.
