Magazine L&E April 2015 by Revista Legislación & Economía

ISSN-1726-1477 APRIL EDITION

- SUMMIT OF THE AMERICAS 2015 - RICARDO J. ALFARO PRECURSOR DE LOS DERECHOS HUMANOS - DETAILS OF THE CONSTITUENT 1945 - NEW LAW ON MONEY LAUNDERING AND BEARER SHARES - “WALKING WITH RUBEN BLADES”

www.rbc.com.pa

Consejo Editorial

Colaboradores en esta edición José Javier Rivera J. Ana Sofía Corrales Rafael Fernández Lara Giovana del C. Miranda G.

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

Augusto García María Lorena González Lidia Tribaldos Ailen Galván Maybé Mendieta Anna Marissa Admadé Yhestryll Mc Cree Milena Vergara Lisbeth Martez Lucila Rivas

Portada y Diagramación: Virginia Medina

Idalia Ballesteros

Fotografía: Mariela De Sedas de Sanjur

Albin Rodríguez

Karen Fábrega Julia Rodríguez Mariela de Sanjur Nadia Chang

ÁREAS DE PRÁCTICA IMPUESTOS - CONTRATACIÓN PÚBLICA - PROPIEDAD INTELECTUAL REGISTRO SANITARIO LITIGIOS, ARBITRAJE Y MEDIACIÓN DERECHO MARÍTIMO - ABANDERAMIENTO DE NAVES - DERECHO LABORAL ASUNTOS MIGRATORIOS - SOCIEDADES - APERTURA DE NEGOCIOS FUNDACIONES DE INTERÉS PRIVADO - CONTRATOS, FIDEICOMISOS ASESORÍA BURSÁTIL - SERVICIOS NOTARIALES Y REGISTRO - AMBIENTAL LEYES ANTIMONOPOLIOS TELECOMUNICACIONES

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CONTENIDO 6. 8. 16. 17. 19. 21.

EDITORIAL “WALKING WITH RUBEN BLADES”

INVITED WRITTER SUMMIT INFRASTRUCTURE

SUMMIT OF THE AMERICAS LO QUE PASÓ EN LA CUMBRE JUAN CARLOS VARELA RAUL CASTRO BARACK OBAMA

23. 25. 27. 28. 29. 30. 31. 33. 34. 35.

OLLANTA HUMALA

37. 39. 40.

CIVIL SOCIETY AND SOCIAL ACTORS IN THE SUMMIT OF THE AMERICAS FORO DE LOS JÓVENES DE AMÉRICA

CRISTINA FERNANDEZ DE KIRCHNER ENRIQUE PEÑA NIETO RAFAEL VICENTE CORREA TABARÉ VÁSQUEZ NICOLAS MADURO JUAN MANUEL SANTOS DILMA ROUSSEFF PROSPERITY WITH EQUITY “THE AMERICAS HAVE OVERCOME GREAT DIVIDES” BAN KI-MOON, SECRETARY GENERAL OF THE UNITED NATIONS

BUSINESS SUMMIT OF THE AMERICAS

CONTENIDO NORMS OF INTEREST

42. 44. 45. 46.

47. 55. 58.

PANAMA ADAPTS LEGISLATION ON PREVENTION OF MONEY LAUNDERING, FINANCING OF TERRORISM AND WEAPONS OF MASS DESTRUCTION

CUSTODY OF THE BEARER SHARES CRIMINAL CONDUCT INVOLVING THE IMPOSITION OF A CRIMINAL PENALTY IS EXPANDED PANAMA NORTH AREA TOURISM AND GREEN

CONSULT DOCTRINE & JURISPRUDENCE RESOLVED UNCONSTITUTIONALITY SUITS BROUGHT AGAINST ARTICLES 1421-CY 1421-J OF THE JUDICIAL CODE

POLITICS DETAILS OF THE CONSTITUENT 1945

ILLUSTRIOUS PANAMANIANS RICARDO JOAQUÍN ALFARO JOVANÉ

PANAMANIAN ECONOMY 61. 62. 63.

MONTHLY ECONOMIC ACTIVITY INDEX, FEBRUARY 2015 CONSUMER PRICE INDEX PANAMA WILL GROW SIX TIMES MORE THAN IN LATIN AMERICA AND THE CARIBBEAN

FASHION 64. 67. 69.

SOME CLOTHES OF PRESIDENTS IN THE VII SUMMIT OF THE AMERICAS PANAMA 2015

SPORTS CAPSULE CULTURAL CAPSULE

EDITORIAL “WALKING WITH RUBEN BLADES”

José Javier Rivera - Attorney jj.rivera@rbc.com.pa

he Summit of the Americas held on 10 and 11 April in our country has allowed us to reflect on our geographical position and as this small strip of land has been the scene of events and works of hemispheric significance as Amphictyonic Congress of 1826, hemispheric meeting of 1956, recovery of our full sovereignty on December 31, 1999 and now reincorporation of Cuba into the Organization of American States.

not the common thread in what until now we are reflecting and therefore have to unveil it immediately. It happens that on Saturday April 25, Ruben Blades began a tour in our country has been called “Walking, Goodbye and thank you” that has resulted in a tour of his extensive production as a worthy reDuring those two days the name of Panama had a univer- presentative of our country since its recent grasal impact because Secretary of State of the United States, duate years the University of Panama to this day. John Kerry had completed a rough meeting in Geneva with Iran and a group of countries seeking the dismant- The distinctive feature of this journey could be ling of nuclear structure in an area sensitive Middle East. synthesized into a deep questioning of the political regimes that marked our America at the As if that weren’t enough, President Barack Oba- time of dictatorship, physical disappearances, rema left Panama with two very explosive politi- pression of freedom of expression and persecucal burdens namely: termination of the blocka- tion of socialist ideologies and even Communists. de against Cuba and completion of a deal with Iran that doesn’t enjoy the blessing of Israel. Ruben Blades has had the patience to collect This episode brought to mind the difficult negotiations songs and other Latin American significanbetween Panama and the United States to terminate the ce of strictly local impact as “The Cazanguero”. Hay-Bunau Varilla treaty that required an international tour of General Torrijos in the 70s and even a mee- Given that nobody is a prophet in his own country, ting of United Nations Security Council in our country. Blades is the heart of the American Empire, begins as a sort of an intern in New York and works equaThose who have read the title of editorial are still lly for the Fania All Star, Ray Barreto and knows and

EDITORIAL writes songs to great artists as Hector Lavoe, Cheo Jr., Roberto Duran, Omar Torrijos, among others. Feliciano, Larry Harlow, Celia Cruz, Tito Fuentes, Yomo Toro, Ismael Miranda, Jonhy Pacheco, Wi- Ruben Blades has shown in this bye and thanks llie Colon and others too numerous to mention. a mastery of music and poetry, a great humi-

lity and has the ability to produce a great nos-

This artist is recognized and admired by all inhabitants talgia for good music among those who had the of Latin America and United States because has the vir- good fortune to see him perform. A big hug for tue of having experienced firsthand what it preaches and him and many wishes for success in his walk. L&E has the merit of having forged with acute observation and nationalist sentiment gained from its childhood in San Felipe, a difference that has always accompanied him and allowed him to keep his feet on the ground of reaching success and tend to disconnect from his roots. In songs like “Ligia Elena”, “Decisions” and “Plastic” is discovered his deep knowledge of the social fabric and superficiality of local family lines while in his song “Father Antonio and altar boy Andrés” is uncovered the cruelty of the militarist right who saw the Catholic Church one of its objectives extermination. But it is in the song “Patria” where Blades is placed in a seat they had occupied in early years of our Republic the outstanding poets Maria Olimpia de Obaldia, Ricardo Miró and Gaspar Octavio Hernandez, who distinguished themselves by restoring and raising nationalist sentiment in its positive sense and deep pride in the native without xenophobia. Ruben Blades has also had time to dignify the public service and give the country a portion of his time as a temporary tribute to this country. Share this recognition as an artist with other characters who have given luster to our nation in very different areas and among which we make a short list of Ricardo J. Alfaro, Harmodio Arias Madrid, Florencio Harmodio Arosemena, Belisario Porras, Justo Arosemena, Tomás Herrera, Jose Dolores Moscote, Antonio González Revilla, Laffit Pincay

INVITED WRITTER

SUMMIT INFRASTRUCTURE

anama was showcased to host the XII Summit of the Americas, a unique challenge, full of optimism and controversy. Pro-government, opposition, civil society, former presidents, everyone agreed that Panama was great. Former Vice President Samuel Lewis Navarro, for example, said that our country was brilliant in organization, hospitality, tolerance and love of country. 8.

Ana SofĂa Corrales - Accounting Department cobros@rbc.com.pa

INVITED WRITTER

BETWEEN RICH AND POWERFUL

They were days when there was talk of something else, they appeared to have taken a vacation thefts, crimes and even traffic accidents. It was an impasse where all were focused on what President came, where snipers were, the Secret Service and the famous “beast”, the formidable armored US President Barak Obama is betting. The 35 most powerful nations were here, presidents, leaders and millionaires slept peacefully and shared on Panamanian soil.

PANAMA SUCCEEDS ON HAVING INVITED CUBA Since 2010 the former President of Panama, Ricardo Martinelli, asked to host and now confessed that since he knew that Juan Carlos Varela will preside. The truth is that Varela took up the challenge and Panama regained its historic role as mediator, all applaud the initiative of having invited this year to Cuba, which was framed him in history. Recall that the United States opposed Cuba’s participation because the Summit of the Americas in Quebec in 2001 agreed in its closing statement that “the strict respect for the democratic system” is an “essential condition” of his presence “in this and future summits.” But Panama, this time as host, said Cuba invited at the request of the other Latin American countries, who voted in a recent General Assembly of the Organization of American States (OAS) require presence of Cuba “on equal terms” with all other nations.

HISTORIC In short, nothing will be recalled that the handshake of US President Barak Obama and Raul Castro of Cuba forum presidents, who sealed the thaw between the two countries after half a century of conflict. President Juan Carlos Varela celebrated success of the Seventh Summit of the Americas, but acknowledged that the meeting ends without signing the document called “mandates for action”, which proposed as host country Panama. In the aforementioned “mandate” issues of health, education, energy, environment, migration, security, citizen participation and democratic governance are included. It didn’t say what issues were at odds. He said actions were agreed to strengthen the rule of law, separation of state powers and respect for human rights. All will be sent to the directors of the Inter-American Development Bank (IDB), OAS, World Bank, Andean Development Corporation (CAF), Economic Commission for Latin America and the Caribbean (ECLAC) and Pan American Health Organization (PAHO).

INVITED WRITTER

FORUMS

In the middle of the Summit four forums were realized, between them the forum of Bridge of the Americas: Productive Integration For the Inclusive Development, with out-standing participants, since: AndrĂŠs Gluski, of AES Corporation; Marcelo Odebrecht, of the construction homonymous one; Brian Porter, of ScotiaBank; and Stanley Motta, of Copa Holdings, the creator of Facebook Mark Zuckerberg. In the appointment of businessmen were present Dilma Rousseff (Brazil); Barack Obama (United States); Enrique PeĂąa Nieto (Mexico), as well as host President Juan Carlos Varela. In his speech, President Obama urged Latin America to economic growth benefits the middle and lower classes; not just the wealthy. Important issues of equity, better distribution of wealth and education were discussed.

FREE INTERNET IN PANAMA Mark Zuckerberg met with President of the Republic, Juan Carlos Varela, and signed an agreement to install the internet.org initiative, which is soon all have access to the Internet to issues of health, labor and education in Panama.

HISTORIC TRANSACTION Copa Airlanes officially buy 61 Boeing 737 MAX 8 and 9 with a total value of 6 billion 600 million dollars. Boeing and Copa decided to announce transaction within the parallel forum to the VII Summit of the Americas, where presidents Barack Obama and Juan Carlos Varela witnessed entrepreneurs. The transaction is even greater than investment that has been made in the Panama Canal expansion project, agreed by 5,250 million dollars. The new aircraft will replace Copa older aircraft fleet. It will be the first airline to operate this type of aircraft on routes to South America. The Panamanian company flies to 73 destinations in 30 countries throughout the hemisphere. The Panamanian aviation sector generates 43,000 thousand direct jobs and 137,000 indirect jobs in Panama. The Rectors Forum Americas brought together 400 officials from public and private universities in 35 countries of the hemisphere, the opened Sir John Daniel, a British-Canadian professor, who has dedicated his life to educational

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INVITED WRITTER

innovation. It was also attended by Secretary of State John Kerry, although this wasn’t on agenda. Financing commitments to research and development, ease of academic mobility and real commitment to integration between universities, as part of the unification of the continent’s nations themselves, were some of the recommendations that were delivered for incorporation to proposals for the leaders gathered at the hemispheric meeting.

THE IV YOUTH FORUM OF THE AMERICAS

Was held in the Vasco Nunez de Balboa convention center at Hotel El Panama, where it was stressed that Latin America has more than 156 million young people between 15 and 29 years old, where he participated Anabela Abreu, World Bank representative in Panama, Isabel de Saint Malo de Alvarado, Panamanian Vice President and Foreign Minister, among others. Important issues were discussed regarding education and safety, that came to a good agreement and was given to President Varela, who at the close, asked delegates that “when you see an injustice in their countries to fight against it” because the “social justice will guarantee a promising future for all and an America at peace, united, stronger and solidarity”.

IN THE CIVIL SOCIETY FORUM Where participated former President Bill Clinton to promote consultation mechanisms between civil society and social actors and Panama congratulated for his fight against corruption. The Secretary of the Organization of American States, José Miguel Insulza said that this forum was attended by 800 representatives from 30 countries.

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INVITED WRITTER

SUMMIT OF PEOPLES Likewise was held parallel to the XII Summit of the Americas, the Socialist Summit of the Peoples where the invitation to the presidents of Bolivia, Ecuador, Venezuela, Cuba, Nicaragua and Haiti spread through their embassies in Panama, after it was unveiled that participate in the Summit of the Americas.

te and instead the inauguration took place with the participation of the famous Cuban singer Silvio Rodriguez. Representatives of Ecuador, Cuba, Bolivia, Mexico and Venezuela staged a march from the Porras Park to the University of Panama (UP), located in the Simon Bolivar (Transístmica) pathway, in the capital.

Finally attended by presidents Evo Morales of Bolivia, Rafael Correa of Ecuador and Nicolas Maduro of Venezuela. Notably absent was that of Cuba Raul Castro. The protesters said that this action supported initiatives of their governments and gave support to preBolivia President Evo Morales visited the Republic of Bo- sidents of their respective countries: Rafael Correa livia School in Colon and delivered computer equipment (Ecuador), Raul Castro (Cuba), Evo Morales (Bolivia), Ento the school. He took time to play a football match on rique Peña Nieto (Mexico) Nicolas Maduro (Venezuela). the campus of the University of Panama, where he will chair the union of the yard beating them by a landslide. Members also marched seven indigenous peoples to require participants presidents of the re11 working groups were set up to discuss issues of social gional forum to be considered in the plenary. security, freedom of association, migration, the struggle of indigenous peoples, the invasion of Panama, the environ- The People’s Summit concluded with performances, speement, social movement, education, media, among others. ches and extreme security measures. The summit was attended by trade union leaders from 16 countries in Latin America. They invited the urban music duo Calle 13, but this declined to participa-

ECONOMY

SECURITY

Regarding economic issues, approximately B/. 15 million dollars invested, including adjustments for this great event, remodeling Atlapa Convention Center, touch up the roads, among others.

For the summit many security mechanisms, including access roads were closed residents in the residential areas of San Francisco, they had to be registered to gain access to their homes during the two-day summit were taken.

Of this an estimated economic impact of more B/. 80 million, especially in the hotel business by oversupply, where its low occupancy didn’t exceed 60%, they occupied more than 70% is left.

Drones were banned fines of up to B/. 50,000 dollars, peddling exercise in the districts of Calidonia, Bella Vista and San Francisco and generate noise, cover their faces, carry firearms, with fines of up to two thousand dollars. Omar Recreational Park doors closed for the development of the summit.

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INVITED WRITTER To release the free traffic decreed on 10 and 11 for the public and private sector working in the districts of Panama and San Miguelito then Veracruz, with some exceptions, and the employee of certain sectors, such as domestic workers , should pay double time. Businesses dedicated to recreation remained open to serve thousands of visitors. Aspects of security for the Civil Society Forum: • Couldn’t walk up street from hotel El Panama, Atlapa, nor the Church of el Carmen. • Hits with phosphorescent orange and green cones were closed and there were at least 10 officers of the National Police stationed at every intersection. Furthermore, in sky, helicopters patrolling incessant coming and going. • At the door, individual process began. • Review at checkpoint, a careful look at the press badge and authorization to go to next position. • A barricade with eight agents, some blue and others with fatigue uniform, returned to ask your destination and check the credential. • Sidewalk owed by a circular bounded by green cones, which took you to the scanners.

Cuban supporters of Raul Castro, who came to this place to bring honor to the bust of José Martí. While there, minutes after they began to sing a hymn, a group of about 20 people came out of the Embassy of Cuba and the confrontation began. Tells Toledo, a Cuban lawyer in exile in Puerto Rico 50 years ago, security agents at the embassy, as he trained for military and informed martial arts, and other disciplines, began beating the entourage that integrated. He narrated that a man ended with an injured eye and a woman began vomiting since he received a blow on the head. At least 12 Cubans were arrested. It was the only altercation between Castro and Cuban dissidents. A similar episode took place in the vicinity El Panama, where the forum of civil society and social actors is developed. Tempers flared when the place dissident Manuel Cuesta Morua appeared. Luis Morlote, follower of Castro shouted: “This forum has criminal, there are terrorists who want to speak on behalf of the Cuban civil society,” he said. More slogans. “Terrorist”, “mercenaries” they shouted. The official said the official delegation “can‘t be in the same forum” opponents, so, annoyed, he said it would withdraw from the event. It is that Morua and other dissidents had announced prior to the civil society forum, which at that meeting presented a proposal for political reform on the island days. The clashes between the two forces led to an official statement from the authorities in Havana.

EFE collected statements from the number two of the island Miguel Diaz-Canel, who said that Cuba is “unacceptable” to share spaces of debate in social forums Summit Panama with dissidents, who Venezuelans living in Panama, held peace- described as “representatives aren’t legitimate” Cuful demonstrations by human rights and politi- ban civil society and “mercenaries of the empire”. cal prisoners in Venezuela, in the coastal strip and Urraca Park, opposite the Hotel Miramar. Cuban media, as CubaDebate and Granma reported yesterday the alleged presence in Panama of Felix RoA group of Nicaraguan citizens protested outside driguez, one of those involved in the death of Ernesthe Civil Society Forum on the canal in their coun- to Che Guevara, hero and symbol of the revolution. try, because this causes many environmental damages. The flame was lit last Tuesday when Castro loyalists, with the support of Panamanian organizations, gatheThere was a big crash in Porras Park with a group of red outside the Ministry of Foreign Affairs where they

PROTESTS

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INVITED WRITTER read a proclamation that had one goal: to repudia- In a survey in El Chorrillo after the sumte the presence of groups opposed to the regime in fo- mit wasn’t a single resident who said he suprums parallel to the summit. Specifically in civil society. ported Maduro and several revealed that those who attended the meeting had been paid for it. “Mercenaries”, “terrorists”, “sold the empire” were the slogans, incendiary phrases that would be repeated again and again yesterday.

EVENTS • Former President of the United States gave a lecture at the Inter American University of Panama, and claiming he would be congratulating aware of all the events of the Summit and that everything is helpful. • At the time of arrival of the presidents were delayed, changes of flights and airports.

COLONIAL DINNER After official opening, was offered a grand dinner with red carpet and glamorous in the ruins of Panama La Vieja beautifully illuminated. There the colonial era of Panama, more than a hundred actors transported guests to the time, dressed as in the past and making up of colonial guards with wagons and horses recreated. It was a success despite absence of leaders, Raul Castro (Cuba), Nicolas Maduro (Venezuela) and Evo Morales (Bolivia).

• One of the most anticipated and controversial Summit presidents Nicolas Maduro broke security protocol when he decided to drive the car that transported him to the Monument of the Fallen on December 20 in El Chorrillo, where it was then found that they had mounted a whole “show”.

• The president of Argentina, Cristina Fernandez de Kirchner arrived late. She landed on Panamanian soil started two hours after opening of the XII Summit of the Americas. It was a favorite of many in speech and speech, but for others she was arrogant and lost her opportunity to raise issues affecting their country to be He was remarkably protected by bulletproof vest, lambasting US nor stopped ball. Then, when the group so he dared to walk through the crowd, then re- picture she posed pleasantly with President Obama and ported that Venezuelans who gathered in El even shook his hand. Chorrillo to support Chavez were paid by him. • An incident between bodyguards of the president of Bolivia, Evo Morales, and journalists covering the VII According to local media, were more than 1,500 ChaSummit of the Americas, was presented Saturday morvists who arrived in the country in order to support ning when one of the members of security of the South Maduro. The allocation per person was $ 400, accomAmerican leader shot a cameraman with a tazer. modation was also paid by his government on 3 hotels. At the Continental, one of those establishments, • The president of Costa Rica, Luis Guillermo Solis, rethe room costs $ 70 a night, according despegar.com. turned home Saturday through the development of the

Seventh Summit of the Americas, as planned, due to the Meanwhile, Venezuelans living in Panama made programming of several activities in his country. him feel his rejection with a sound of pots from nearby buildings Atlapa, where the Summit was. • By inadvertent error at time of arrival in the country of Haiti President Michel Martelly, he was received with

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INVITED WRITTER the flag of Canada and to make matters worse, microphone that he would use to give statements haven’t worked. • Martelly arrived at the Panama Pacific Airport and was received by the Panamanian Government Minister Milton Henriquez, who managed to entertain the ruling while the staff ran protocol to change Canada’s national emblem that flew by mistake. Then they explained that the mistake was in the control tower said the plane would land was to Canada and put Pluf!, protocol slide. President Martelly was good patient. • The president of Ecuador, Rafael Correa, described as “very bad” to the press in the region because as he responds to the interests of elites. “When Latin American elites will say there is no freedom of press is because the media no longer have impunity”, he said. • President Obama quickly placed it in his speech and said that although there are bad press that criticizes in his country’s press is free and will remain so, because it is foolhardy to always want to hear a single version of things. • The first ladies visited the BioMuseum where they learned more about the culture of Panama, its queens, dancing and diablicos and conducted a cruising along the Bay of Panama. • It became clear that the security of the Government of Venezuela Nicolas Maduro used twice to try to mislead journalists. • Barack Obama delivered his speech at the premises of American presidents and stayed to listen the long message Raul Castro, who said it was an “honest man” and had to support it. But he withdrew immediately when they came the most virulent speeches did not stay to listen to Cristina Kirchner nor Nicolas Maduro. • President Castro made a splash when requesting more time to his speech to get the mathematical quantifica-

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tion for all these years that had not been invited to the summit. • Presidents Barack Obama and Raul Castro held a historic dialogue consolidating its decision to advance the reconciliation of Cuba and United States, enemies for more than half a century. • Obama also spoke briefly with one of his critics, Nicolas Maduro. Maduro said that their truths are told, but that was peaceful dialogue. Both are expected to continue talks for peace in the region. L&E

SUMMIT OF THE AMERICAS

uring the 10th and April 11th, 2015 was held in Panama City, the Seventh Summit of the Americas Prosperity with Equity, The Challenge of Cooperation in the Americas, bringing together the presidents and/or dignitaries from thirty-five (35) countries throughout the Americas, including the participation of the President of Cuba Raul Castro for the first time in such meetings, a fact which marked a milestone when our country hosted the first rapprochement between the US leader Barack Obama and Cuban President, with the aim of reviving diplomatic relations between the two countries. The Summit was the celebration of alternative forums to plenary meeting of heads of state, such as the Forum of Civil Society and Social Actors; Business Forum; Youth Forum of the Americas and the Forum of Presidents of the Americas.

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MaybĂŠ Mendieta - Attorney maybe.mendieta@rbc.com.pa

The importance of the same for the country and continent, had to present a summary of the speeches made by some presidents and in this vein, we begin with the words spoken by President Juan Carlos Varela at the opening of this extraordinary event.

SUMMIT OF THE AMERICAS

ADDRESS BY PRESIDENT JUAN CARLOS VARELA

t the last Summit of the Americas, President Juan Carlos Varela began his speech by noting that major events such as the aforementioned Summit highlight the “historical vocation of the Panamanian nation” to unite the world, as at the time also did: identification by Vasco Nunez de Balboa route of the Isthmus of Panama to cross the Atlantic to the Pacific in 1514, holding Portobelo Fairs between 1606 and 1739, the opening of the Panama Canal in 1914, among others.

rights” government; besides being consolidated foIt also highlighted the fact that the Isthmus of Pa- reign policy of dialogue and consensus, based on nama was once again the meeting point for the the geographical position of the country in favor search for dialogue, peace and unity of the con- of “social peace, unity and welfare of all nations.” tinent, referring to Amphictyonic Congress in 1826, with headquarters in Panama, in the which It preponderó the fact that after fifty-nine (59) years “they laid the foundation for seeking the uni- the heads of states of the hemisphere met again in ty and integration of the peoples of America.” Panama to address common problems affecting them and how to deal with cooperation of everyoHe said the country continues to fulfill this role and ne, taking decisions to ensure the future of Americonfirms the commitment of Panama as a facilitator ca and defining the role that countries are called State of understanding among nations at the servi- to play in the world as instruments of peace, dece of the international community with our Pana- velopment, social justice and equity, leaving bema Canal, the logistics system, ports, airports and hind the era of confrontation and conflict, yielding “mainly with heart open to all countries of the world.” significant achievements in economic and social. He said that Panama is a peace-loving people, it has given the opportunity to chair a commitment to “transparency, accountability, strengthening democratic institutions and respect for human

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Despite these important advances the Continent must face great challenges: inequality and the advance of organized crime, so the President called for the integration and cooperation among countries

SUMMIT OF THE AMERICAS

to combat these problems faced daily by our humble neighborhoods where risk youth expect governments to take concrete measures to solve them.

Conclusion

The goal set by our Excellency President, Juan In light of the foregoing, the President Varela hopes Carlos Varela, was straightforward: to achieve that this encounter beneficial to citizens with regard to: an America at peace, united, supportive and res1. Recognize that the strategy to combat drugs pectful of human rights through more integrashould be two (2) ways: prevention and law enforce- ted and better coordinated in the fight against ment; organized crime and cooperation to all countries levels to eradicate inequality and solving 2. Strengthen the “interagency” cooperation of our problems that affect the population, keeping countries against organized crime, through the exthe dialogue as a mechanism for resolving dischange of information and best practices; putes that may arise, aimed at achieving peaceful coexistence among the peoples of America. 3. Evaluate migration flows in our continent because our seas, mountains and roads humans move in search of better days, addressing the issue with a human approach, since “prosperity facing our continent hasn’t been sufficiently shared and we it is more the target population”, emphasizing the theme for this summit: Prosperity with Equity, The Challenge of Cooperation in the Americas. 4. Join forces and cooperate so that all countries can have the inventory of public infrastructure projects that are needed to eradicate inequality and poverty, improving public services and ensuring that the wealth of the countries reach their citizens. He highlighted as a challenge of that meeting, focus of cooperation to provide successive governments with the tools and resources needed to achieve the mandates for progress in achieving the goals of State who are plotting.

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The foregoing is intended to convert economic growth into sustainable human and social development with equity, in order to achieve a united, secure and prosperous America for the citizens of all nations. It should be noted that the Seventh Summit was, for the first time, involving the highest level of all countries of the continent, beginning, as the President said, “a new era of hemispheric relations, respect different systems of government and focused on solving the problems affecting the people “convinced that in seeking the welfare of citizens,” the rulers are called to unite wills and join efforts to combat threats, challenges and common problems.” L&E

SUMMIT OF THE AMERICAS

RAÚL CASTRO “PROUD OF OUR AMERICA FOR SERVING AND HONOR, DETERMINATION AND ABILITY TO CONTRIBUTE, TO BE DEEMED ON ITS MERITS AND BE RESPECTED FOR THEIR SACRIFICES.” Martí, quoted by Army General Raul Castro Ruz, First Secretary of the Central Committee of the Communist Party of Cuba, at the Seventh Summit of the Americas..

Lucila Rivas - Attorney lucila.rivas@rbc.com.pa

rmy General Raul Castro Ruz said his appreciation as a positive step the recent statement by President Barack Obama, to decide quickly on the presence of Cuba on a list of state sponsors of terrorism in which it never should be.

lation of international law and its extraterritorial scope affects the interests of all states “. “One issue is to establish diplomatic relations and other issue is blocking. Therefore I ask you all, and life also forces us to continue to support the struggle against the blockade. “This and other elements must be resolved in the future process towards normalization of bilateral relations.” Moreover General Castro said that “Venezuela is not and can be a threat to national security of a superpower like the United States. It’s positive that US president has recognized”.

Said “terrorist Country us! Yes, we have made some acts of solidarity with other peoples, they can be considered terrorists, when we were cornered, cornered and harassed to infinity, there was only one choice: surrender or fight. You know what we chose was the support of our people. Who can think that will force a whole people to make the sacrifice made by the Cuban people to survive, to help other nations? “ “We live under the threat of huge nuclear arsenals should be eliminated and clima“Until today, economic, commercial and finan- te change that leaves us no time. Threats to cial blockade applied in full force against the peace and increase conflicts proliferate. “ island, causing damage and shortages to the “As then said President Fidel Castro,” the people and is the essential obstacle to the de- root causes are poverty and underdevelopvelopment of our economy. It constitutes a vio- ment and the unequal distribution of wealth

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SUMMIT OF THE AMERICAS and knowledge prevailing in the world. “ the currency continued to share what we have. If with very limited resources, Cuba has been, what “Financial speculation, privileges of Bretton could do the hemisphere with the political will to Woods and the unilateral removal of gold conver- work together to contribute to the neediest countries? tibility of the dollar are increasingly suffocating. General Raul Castro Ruz, according to our view, “The approval in January 2014, at the Second Sum- basically delivered a message of reconciliation mit of the CELAC, in Havana, proclaimed Latin expressing its intention that the leaders of Latin America and the Caribbean as a Zone of Peace”. American countries join efforts to create state policies to eradicate poverty, unequal distribution of “Living in peace, cooperating with each other to wealth and there are greater opportunities. Howeface the challenges and solve problems, in the end, ver he continued to express support for countries affect and will affect us all, is now a necessity.” like Venezuela, Brazil, Argentina, Bolivia, etc., “We now have the opportunity for all of us here learn, who suffer from some form, economic and poliand also expresses the Proclamation,” to practice to- tical impositions by asphyxiating United States. lerance and live together in peace as good neighbors.” Invited to continue fighting for freedom, for the “There are substantial differences, yes, but sovereignty of States and non-interference by any also common ground on which we can coo- power in domestic situations of the Member States, perate to make it possible to live in this world respect and tolerance differences and governance full of threats to peace and human survival.” criteria, but advocates for States can work together. It really is gratifying that our country has been witness to this historic meeting, as highlighted the media from around the world, including the United States and Cuba, where we know for dialogue and flow can be restored relations both countries, it is essential that these nations precedence politi“No one could reduce inequity in the dis- cal interests, perhaps unthinkable in another histribution of wealth, reducing child mor- torical context, with the aim that the citizens of tality, eliminate hunger, eradicate pre- both countries can have hope for a better future. ventable disease and eradicate illiteracy?” We welcome the recognition made by President “Last year, we established hemispheric coope- Castro Ruz, his counterpart Obama, regarding ration to confrontation and prevention of Ebola the intention of talking to America to be a united and countries of the two Americas are working and equitable region in the coming decades. L&E jointly, which should serve as an incentive for further efforts.” Despite shortcomings and difficulties, “Why not seek, overall, the resources necessary to provide the hemisphere schools, hospitals - although not luxurious, a modest little hospital, in places where people die because there is no doctor, provide employment, advance the eradication of poverty?”

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SUMMIT OF THE AMERICAS

BARACK MESSAGE OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA

VII

Anna Marissa Admadé - Attorney anna.admade@rbc.com.pa

Summit of the Americas was attended by Barack Obama, President of the United States of America. The president began his speech by recalling the promises made six years ago, at their first summit where he pledged to start a new chapter, stating that nations should free themselves from the old arguments and resentments, with a view to building a new era of cooperation among nations, based on mutual interests and respect. He said that the new beginning in relations with Cuba will result in increased opportunities for trade and investment, which will provide more resources to the Cuban people, indicating that it is working on restoring diplomatic relations, for which it has asked Congress lifting the embargo that has been in place for decades. He defined the change in US policy as a “historic moment”, which allowed for the first time in over half a century, the nations of the Americas are together, adding that the United States will continue to work on behalf of universal values, which it considers are important to further the interests and cooperation in the hemisphere.

commitment to widespread with the Americas. He stressed that during his presidential period, US exports have increased by almost 50%, generating hundreds of jobs in our continent. He also mentioned his proposal to allocate monetary resources to the peoples of Central America, with the aim of strengthening government, security and foster economic growth, giving special attention to young people who see no prospects in the underground economies that lead to violence .

He also highlighted the establishment of partnerships with various countries for the creation of new energy renewable and accessible to address climate change, and the initiative called “The Force of 100,000 in the Americas” (100,000 Strong in the Americas), to increase exchanges student in the Western Hemisphere, whose purpose is to encourage prosperity by providing He said they will continue advancing and taking ad- the training necessary to compete in a global economy. vantage of this momentum, with confidence that the restoration of relations will create more opportuni- Moreover, he stressed the importance of improving acties for cooperation in the region, security, health and cess to the Internet and establishing public-private redignity with which the United States reinforced its lationships that expand trade links with a broader and

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SUMMIT OF THE AMERICAS

more inclusive basis, as an essential tool for success. He went on to stress the importance of defending the Inter-American Democratic Charter, urging governments to jointly observe the universal freedoms and rights of citizens. He further congratulated President Juan Carlos Varela, to incorporate the civil society groups as formal allies of the VII Summit of the Americas, as the importance of listening to the voices of citizens and integrate them to such forums. Moreover, he urged governments to revive economic development to achieve equity and inclusion of communities that have not been achieved, and to encourage transparency and meet the challenges related to the high cost of energy, unemployment and combating drug trafficking, in order to reduce poverty through investment in functional programs.

“The bottom line is this ... the United States look to the future, we do not want to be stuck in ideology, at least I’m not, I’m interested in the progress and I’m interested in results, not theoretical arguments interested me, me interested in being able to provide tangible effects for people. We are committed more than ever, compared to past decades in this region, I know know that if you show me a problem, I’ll do my best to try to deal with it ... solve it, I can not fix immediately but will do my best.

I also believe that the relationship between the United States and America is so good, it is the best it has been in many decades. I’m here to work with you and continue to build Regarding the speech Rafael Correa, President on this progress ... “ of Ecuador, he recognized that the implementation of the United States regarding human rights has not always been consistent and has been tarnished dark chapters throughout history. However, he said that the remembrance of these events will not bring progress to the nations, nor solve the problems of illiteracy, famine, or make countries more competitive and productive in a global economy. He concluded that they continue to invest in their bilateral relations, and in creating mutual respect based on partnerships which believes progress can go ahead.

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Barack Obama, President of the United States VII Summit of the Americas, Panama, April 11, 2015

SUMMIT OF THE AMERICAS

UNIT, COOPERATION AND COLLABORATION IN AMERICA WAIT, OLLANTA HUMALA TASSO

Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa

resident of Peru Ollanta Humala, is a soldier who has studies Husbandry in the Universidad Nacional Agraria La Molina, as well as a master’s degree at the School of the Center for National Studies (CAEN) on National Defense and in 2002 culminates MA in Political Science main enemy is inequality, hunger and poverty. at the Pontificia Universidad Catolica del Peru. He noted that there are other strong so call AmeriWhen he was a military attache in Francan unity conflicts in the world, because people exce, he began a PhD at the Center of Higpect that this forum will make concrete proposals. her Studies for Latin America and in 2005, along with his wife Nadine Heredia AlarOne of the issues that needs addressing is the encón, founded the Peruvian Nationalist Party. vironment, and policies should be strengthened, brought up the ECLAC projections indicate that In the development of the Summit of the Ameeconomic growth so essential to overcome underricas the unanimous message was welcome development, to reduce inequality gaps; howeto the historical inclusion of Cuba in the fover, consider that along with economic growth rum, which was also recognized by president is spending efficiency and quality of investment. of Peru Omala Huyanta Tasso, who in his speech referred to the equity, which posed a It’s the criterion of importance to refine the priochallenge, despite the good years of economic ritization of spending and investment, leading growth, it remains the most unequal region, a to have clear some policies that are really going situation that should lead to reflection as the

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SUMMIT OF THE AMERICAS to make a difference and will make the pro- He concluded his presentation by indicacess sustainable development of each country ting that there are new challenges to face, theand between these rescued educational policy. re is a process of competitiveness in the world and is necessary to the union, cooperation Supports the President to the issue of equi- and collaboration in America, if not the dety should be addressed by cooperation which cade may be a lost decade for Latin America. highlights that education policy is essential, it should be allowed a quality education, insert Perhaps one of the most anticipated prebetter way to new generations of young people sentations, could be the President Humato the labor market and this will allow another lla because Peru will host the VIII Summit policy than is the policy of diversification. of the Americas and itâ&#x20AC;&#x2122;s interesting to know the position of host country regarding cerAdds itâ&#x20AC;&#x2122;s time to make the changes, leaving tain issues, especially the integration of Latin. the traditional way, diversifying the productive matrix, to continue in that direction always In his speech he addressed several issues within be subject to the prices of the major markets, the education stand as we have seen is imwe now need to bet on the intelligence of our portant to close the gap between the populapeoples, our nations and capacity, through in- tion, because of the inequality, which should novation, science and technology, and is neces- lead us to implement true education policy, sary for this cooperation in technology transfer. with the insertion and integration of the population in extreme poverty to be productive. Indicates that these issues related to social policy should not be a policy of state government but is, We agree with the President in the call for peaas in his view social policy builds social programs ce, unity, cooperation of the people and let past are the way to solve these spaces where politics differences, we make a common front whefails, where there populations in poverty and ex- re prevails the best interests of the region. L&E treme poverty; but that the program alone will not solve the problem, it is necessary to build second-generation social programs that allow these people can be inserted, included productively. Another point, we highlight the speech that President Humala says that in the search for equity must work on peace between peoples, countries and recognizes the administration of President Santos of Colombia.

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SUMMIT OF THE AMERICAS

CRISTINA FERNÁNDEZ DE KIRCHNER

Yhestryll Mc Cree - Attorney yestryll.mccree@rbc.com.pa

he President of the Republic of Argentina, Cristina Fernandez de Kirchner, speaking at the VII Summit of the Americas, was mainly based on sincerity and gotten down to not forget the history of peoples, said that in all the Summits and Forums we must not forget international sincerity, because without it we can address the problems, the dead and weapons, the poor of Latin America. “ but we can hardly get to the root of why they arise. For the president of the Republic of Argentina, this was their last Summit, which emphasized the historical moment of the meeting between President Barack Obama and Raul Castro, which praised as a positive initiative. Added the comment of US president, saying he does not like the story or you think is not important, however, Kirchner believes that history is extremely important because it helps us understand “what happens what happened and because “ principally to preAs he noted that drug trafficking should worry about vent what might come to pass, as history teaches us. how to combat the problem, as it believes that “the drug and drug trafficking can convert the states of this When the President of the Republic of Argentina, taregion, failed states,” she said in her speech. Calls to lked about sincerity, she did just to express what he address the issue of drug consuming countries, to fo- thought about signing the decree in which the Unillow where funding and where the money from drug ted States declared Venezuela a threat to its security, cartels will come; Kirchner for president this is a major said that found it implausible and ridiculous, because problem to address and concluded with a reflection America is a military, economic, financial and scien“with drugs and money are developed countries; with In principle, referred to intervention of the President of the Republic of Colombia, Juan Manuel Santos, in relation to drug trafficking and congratulated him as to address the peace process in a divided territorially and is currently Colombia country, which faces thousands of deaths, casualties and displaced to neighboring nations, so he provided support to Colombia again become a united country.

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SUMMIT OF THE AMERICAS tific power, with a budget of 640 billion dollars, which should use to fight drug trafficking and illegal immigration; compared to the budget of Venezuela from 1,000 to 2,000 million, about further said the United States should have found another way to face Venezuela and resembled when Britain threatened his country, the Falkland Islands, which mentions because he called attention to similarity of both positions. In addition, he referred to new subtle forms of government intervention in what it calls “soft coups” in which multinational media, false accusations, capricious associations of States with other States under the name used by organizations such as the NGOs; supposedly fighting for freedom and human rights, which is never the source of financing is known and aimed at the destabilization of governments in the region, especially those that have been achieved by equity, by education and by the social inclusion.

sident Raul Castro, when President Castro had established a communication with President John Kennedy to start the thaw and was assassinated. Thus President Kirchner concluded that there is to know the history to understand why countries have come in one way and see what caught leadership, especially because they were not the elite that governed our countries and they looked to Europe or North to see what mandate gave them. On the contrary, were true patriots, like Lincoln, like Jefferson, and Franklin therefore history is important because it explains why some are one and others are another.

It calls not afraid of history or ideology, but watch what decreed after the end of ideology has happened, came the fundamentalists, who are the real problem today is security and peace the world, much more problematic than ideas, because ideas can be combated with other ideas, but when someone The President made the following reflection: “Why tells you to “kill in God’s name is much harder to you fight and branded as populist precisely gover- fight back and fight,” said the president Kirchner. nments in South America, in Latin America, have been those that greatest achievements in human “Therefore, we learn from history, we defend our ideas rights, equity, inclusion, education, health have ac- and, most importantly, understand that this is a diffecomplished? Why they supported or support go- rent world with new challenges requires a new theorevernments that pose neoliberal policies that ex- tical framework to understand. If you do not undersclude citizens? Or why fight the government that tand, we can hardly address the real problems and there can be differences and it is logical that they the real dangers.” Thus he ended his speech the presiexist, but we can show certified as having been in dent of the Republic of Argentina, Cristina Kirchner. this decade the most compatriots have included and we have stolen hunger, misery and poverty?” This speech seemed wise to us under this Seventh Summit of the Americas, as President Kirchner, as Under President Kirchner these issues calls for sin- mentioned by over speech, gotten down to sincericerity between the leaders; presented as an example ty not forget history; because with sincerity you can the US authorities often face the internally elec- achieve better communication between the leaders ted political power by the people, when govern- and the history we discover where they came this way ments do not serve the interests of large groups, to reach a solution to them. In this historic summit and linked it with the example mentioned by Pre- to be under the current issues touched and President Obama’s meeting with President Castro, were needed in forums and meetings sincerity and history. L&E

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SUMMIT OF THE AMERICAS

ENRIQUE PEÑA NIETO IN THE VII SUMMIT OF THE AMERICAS

Ailen Galván - Legal Assistant ailen.galvan@rbc.com.pa

resident Peña Nieto said that one of the objectives of the Summit of the Americas is the dialogue and cooperation of higher broad and inclusive level of the hemisphere, and specifically that this summit was a historic meeting, due to the restoration of dialogue between Cuba and the United States. These countries have shown the world that openness to dialogue is loaded with future possibilities. He also recognized the efforts of peace that Colombia is experiencing, so it is realized sooner the better, and want the international community to support this aim constructively to facilitate agreements. He noted that this spirit of dialogue and hope it inspires the Summit of the Americas around prosperity with equity we want in our continent, said that the biggest challenge in our hemisphere is inequality, and that the region inequalityIt has ancestral roots but has also been exacerbated as worldwide from processes and technologies that concentrate wealth when they aren’t accompanied by appropriate public policies, but in Mexico they are convinced that the exclusion is never a solution, the real development should include all for lasting economic growth must be inclusive its benefits should reach all regions and all groups especially the most vulnerable society.

that have materialized not only increase productivity also promoted all sectors and at all levels, and that these substantive changes as well promote economic dynamism of the cities that the modernization of countryside, tourist activity that industrial development, which are changes in favor of including Mexico to advance at a higher speed and for all to thrive and nobody is left behind, so it is a free market model but with broader social sense.

He urged the nations of the Americas to continue proSaid that in Mexico have undertaken the transformation moting political dialogue as a model and tool for undersfor this purpose, achieve higher rates of growth accompa- tanding each other and continue to promote the prosnied by public policies that ensure that development rea- perity and welfare of our societies as a shared goal. L&E ches a greater number of families, the structural reforms

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SUMMIT OF THE AMERICAS

“TIME OF SECOND AND FINAL INDEPENDENCE FOR THE REGION” SAYS RAFAEL VICENTE CORREA ECUADOR PRESIDENT OF ECUADOR

Lidia Tribaldos- Legal Assistant lidia.tribaldos@rbc.com.pa

he President of Ecuador Rafael Correa Delgado, said during his speech at the VII Summit of the Americas, which has reached the “time of the second and definitive independence of the region,” he said in his speech on Saturday April 11, 2015 in said US Summit held in Panama city that the United States “continue with illegal intervention” in Latin America, and that now is “time for the second and definitive independence” in the region. Stressed that Washington’s interventionism is revealed through actions such as the executive order with which he declared Venezuela a “threat” or the request of US officials before US Congress resources to “defend freedom of expression” in Cuba, Venezuela, Ecuador and Nicaragua. This order “executive” against Venezuela signed by US President Barack Obama flagrant violation “International Law and particularly the literal and Article 3 of Charter of the Organization of American States (OAS), and received response “a resounding” rejection of the region. Latin America and the Caribbean “never accept guardianship, interference and intervention” Foreign therefore calls for immediate withdrawal. Also said that the President of the United States to defend its interests or misinformation keeps elites that has caused so much harm to Latin America. In Ecuador and the Americas, principles and inalienable rights are adopted, among them life, liberty and the pursuit of happiness, which in reality will at any cost. He praised Cuba’s presence at this event, which represents the “unrestrained triumph of dignity and sovereignty” and said emphatically that the island “should never be excluded” from the OAS. It was clear in expressing that remains to remove the inhuman and illegal blockade “to the island by Washing-

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ton as the” return of the occupied territory of Guantanamo. “ Reiterated the anachronism that in his opinion, represents OAS and Inter-American human rights system, and launched a strong criticism of “very bad” to the press in the region, says that when Latin American elites say there is no press freedom, It’s because media no longer have impunity to manipulate the truth, or because we dare to answer them, to dispute its hegemony, to expose their lies. He believes that responds to the interests of these elites and questioned the right of a society to be called when the right to free information and social communication itself is in the hands of private businesses for profit. It ends noting that the challenge proposed by this Summit “Prosperity with Equity” should be considered as equity for prosperity, but should also be seen in particular the concepts of sovereignty and dignity so that Latin America adopt a “Latin American system of human rights and for that everything is “ready”. L&E

SUMMIT OF THE AMERICAS

“URUGUAYANS ARE RESPECTFUL, BUT NOT INDIFFERENT” SECURE THE PRESIDENT OF URUGUAY TABARÉ VASQUEZ

Idalia Ballesteros - Assistant idalia.ballesteros@rbc.com.pa

ruguayan President Tabaré Vásquez during his speech at the Summit reaffirmed the commitment of his government with the full force of international law, peaceful settlement of disputes and the principle of non-intervention in internal affairs of other countries. I welcome the presence of Cuba at the Summit of the Americas and stressed that should never be absent and also support the peace process in Colombia and rejected the US decree on Venezuela. “The Uruguayans are respectful, but not indifferent.” I use the phrase to refer to President Vasquez regional developments, also assure that the continental landscape has changed happily and integration bodies have multiplied. During his speech stressed that his country’s former foreign minister Luis Almagro occupied General Secretariat of the Organization of American States (OAS). “The confidence in Almagro, and a recognition of their professional and personal qualities, is an endorsement of Uruguay and principles which identify our foreign policy; adherence to international respect, sovereignty and self-determination of peoples, non-interference in the affairs of countries, rejection of use of force or threat to use it, supporting the peaceful settlement of disputes, full respect for human rights and democracy as a form of government and state of society “. Stressed in his speech that although formally it has been the seventh summit, essentially comprising the first American system as a whole. “Here we are all, without exclusion or categorizations.” Went on to say “It takes many years to get something as normal, it doesn’t pass bills to last, but shouldn’t forget to avoid repeating mistakes.” Vasquez confessed that closely follows process of dialogue for peace in Colombia and qualifies as mature way both parties have developed, also referred to Venezuela and reject US executive decree pointing to Venezuela as a threat to safety. He reiterated a call for governments to refrain from applying unilateral coercive measures that violate international law. Also urge the Venezuelan people to talk brother in a framework of mutual respect and unanimous observance of the institutional order, free and democratic decision taken by Venezuelan people, the rule of law and human rights.

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Added “The dialogue is not an end in itself, but without dialogue no way out, sometimes difficult but always worth it.” The president included a phrase in his speech that catches the attention as if it were to be considered by governments, definitely all the countries of the region would get noticeable changes. “A society, rather than to involve every four or five years in elections must involve them permanently to work together in building nations.” Earlier in his speech the Uruguayan President thanked government and Panamanian people’s hospitality during the VII Summit of the Americas. Notably, the President of Uruguay Tabare Vasquez during his attendance at the summit met with the Presidents of the United States and Costa Rica, with representatives of the US Chamber of Commerce and a group of Cuban dissidents; according to a source Uruguayan would have touched issues related to Guantanamo Express. Finally I would like to expose my opinion about the words that gave the Presidents Vasquez because I think they were short and concise, unlike other countries, there railed against any of the leaders present; on the contrary I call to dialogue and adheres to the principle of non-intervention in internal affairs of other countries. The president Vasquez in my opinion doesn’t fade from prominence after he had this small country at the head of former President Jose Mujica. L&E

SUMMIT OF THE AMERICAS

NICOLÁS MADURO, PRESIDENT OF THE REPUBLIC OF VENEZUELA “How beautiful it would be if the Isthmus of Panama could be for us what the Corinthian for the Greeks! Hopefully someday we have the fortune to convene there an august assembly of representatives of republics, kingdoms and empires to deliberate upon the high interests of peace and war with the nations of the other three parts of the world. This kind of corporation may occur in some happy time of our regeneration...”

Simon Bolivar Letter of Jamaica, Kingston, September 6, 1815

Anna Marissa Admadé - Attorney anna.admade@rbc.com.pa

uring his speech, President Nicolas Maduro reminded the Congress of Panama held in the year 1826, which is convened by the Liberator Simon Bolivar in order to find the confederation of states, a single government, whose history goes back to Jamaica Charter, written in 1815. Said inequality as basis for creating misery in Latin America and the Caribbean, adding that the means of achieving prosperity of the people is the construction of egalitarian, truly democratic social models, which allow citizens to participate, not just decision making, but the distribution of wealth. Moreover, strongly rejected the decree issued on March 9, 2015 by Barack Obama, President of the United States of America, by which the implementation of sanctions adopted against accused Venezuelan officials of alleged violations of human rights are ordered and decreed a state of national emergency. President Nicolas Maduro Cataloged government decision as a threat to Venezuela and meddling in the internal affairs of his country, which he said should be resolved by justice and judiciary, in accordance with the Constitution. He further urged the United States to a dialogue for peace, and to recognize the independence and sovereignty of their country. Continued his speech by inviting governments to assume during period 2015-2026, the challenge of building relationships of respect and peace, cooperation, complementary and building a true democracy, and challenge of Bicentennial of the Congress of Panama. He further stressed the geographical position of Panama, as a meeting of the American continent and the Atlantic and Pacific oceans, as a call pro mundi beneficio to promote a new order of peace and justice and to promote solidarity and coopera-

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tion within the framework respecting the autonomy of nations. Concluded by urging construction of union, prosperity and happiness of the people. This year, the deadline for development of Millennium Development Goals adopted by the General Assembly of United Nations (UN), to which 192 countries to a new global partnership committed to reducing levels poverty, achieving universal primary education, among other issues, as indispensable foundations for a more prosperous and more just, more peaceful world. According to this organization, in Panama about 4 in 10 people living in absolute poverty (36.8%) and the total population 16.6%, ie 508.700 Panamanians are in extreme poverty. In this context it becomes relevant the speech of President Nicolas Maduro as it highlights importance of eliminating inequality through strengthening governance models that ensure access to a decent life. It’is imperative that countries of Latin pool their efforts to develop policies that promote equity, democratic governance, citizen participation and sustainable development of nations. L&E

SUMMIT OF THE AMERICAS

SUMMARY OF THE SPEECH BY JUAN MANUEL SANTOS

Yorlenys Gaona - Assistant yorlenys.gaona@rbc.com.pa

n the occasion of the VII Summit of the Americas 2015 held in our country, where Heads of States and Governments had the opportunity to present and discuss various issues common benefit of all inhabitants of the region; for this edition we present discussed the issue at a special meeting and urto our readers a summary of the proposals. ged all to continue studying and discussing this and other sources analysis to find an answer The president of Colombia, like all other pre- to this scourge that has so damaged humanity. sidents, began by celebrating the presence of Furthermore, he referred to pro“Cuba and the path taken by the US towards blems regarding climate change. the resumption of diplomatic relations.” As next topic, he referred to the problem of illicit drugs where he said three years ago proposed the summit in Cartagena, an objective, scientific methods and results to seek greater efficiency was initiated against the drug problem. To that end, the OAS conducted a study which is available to governments and stakeholders to support the creation of a more informed and consistent position.

He noted that “Colombia is committed to the fight against climate change and the success of the Paris Summit to be held later this year, and considers it a commitment that we must also assume a continental level.” That’s why we must take a united voice to Paris, so that the outcome of this Summit is a legally binding agreement where all commit to mitigation and adaptation goals, starting with the large emitters.

This report served as basis for adopting a common policy within the OAS and was presented Continuing his message, the president expresto the United Nations, which next year will be

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SUMMIT OF THE AMERICAS sed his joy to present to their colleagues the reality of a country that has been transformed in the three years since the last meeting, referring to the remarkable economic growth, decreasing unemployment and social inclusion had the neighboring country - “Never had obtained such positive social outcomes,” Santos said. However, he noted that much remains to be done and, above all, need to finish an anachronistic armed conflict that has bled for over half a century.

American System of Education for the region. Colombia has proposed the challenge of eradicating extreme poverty and achieving a level of excellence in education in a decade -for year 2025, and proposes those targets not only for his country but for our entire hemisphere.

Continuing his speech, told those present that “the most powerful and effective way to achieve that prosperity and inclusiOn this particular issue, there is a negotiating ta- ve way to defeat poverty is to achieve, for ble in Cuba has advanced in the last three years, our people, quality education opportunities substantive agreements as never before, that at to level and increase their competitiveness.” this time, the last two of the five agreed topics are discussed to reach a final agreement: realization That we propose to create a new institutioof the rights of victims, and same ending the con- nal framework within the inter-American flict through surrender of weapons and reinte- system to support the formulation of poligration of former combatants into civilian life. cies to increase educational quality and increase investment in knowledge, science and - “We are optimistic, but we also know that we technology and that it is believed in the franeed to discuss and agree on the most difficult” - mework of the OAS, and would have the asHe said that never before had come so close to sistance of the World Bank, IDB and CAF. ending the long conflict and achieve the peace, a peace that will be across the continent. Santos reiterated that Colombia proposed that this century-the century of knowledge and inThey need the support and confidence of the formation, the Inter-tipping toward a new goal: international community, hopefully reach quality education for all. America a great leap in an agreement that finally silenced guns the quality of their education and, therefore, a and finish our internal conflict this year. leap in the fight against poverty and inequality. L&E Thus greatly thanked on behalf of Colombians support received from the beginning- to the peace effort. To conclude his message, President Santos said Colombia’s proposal, that of creating an Inter-

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SUMMIT OF THE AMERICAS

DILMA ROUSSEFF Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa

peaking at the summit the President of Brazil Dilma Rousseff joined the clamor to recognize as positive and necessary the initiative of Cuba and the United States to begin process of restoring relations between the two countries and an end to the latter vestige of Cold War in the region has brought us so much damage. Stressed that the theme for the summit, prosperity, equity and cooperation are very dear to us all values; along with democracy and inclusion, they represent everything I have fought for decades and reflect spirit that must prevail in this stage. She added that in 1994 faced chronic problems like hunger, poverty, unemployment, caused by visions and policies that exacerbated social exclusion. President believes that Latin America and the Caribbean have less poverty, hunger and child and maternal mortality, and less illiteracy, but we know we have more wealth, more dignity, more security, more education and that is what we will build in coming years. She added that concentration of income still threatens social cohesion and development of our economies. This disparity remains even greater when analyzed from the perspective of gender and race in particular in access to education, income and power. Insisted combat inequality in the spirit of cooperation, itâ&#x20AC;&#x2122;s important in all forums and now, as the motto of the summit is the biggest challenge of the Americas and world of XXI century. This struggle demonstrates the need for sustained growth that is capable of achieving sustainability and social integration. Trade integration and supply chains is one of the mechanisms capable to cope with problems or crises, and can sustain development. Another issue addressed, it was the political, trade dialogue, investment and integration of productive chains, we get politically, economically, socially and culturally and we canâ&#x20AC;&#x2122;t think of fight against drugs locally, and democracy , politics and

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education bases in unique methods; goals must be unique, models may be different, best practices should be taken by us. Brazilian President said that our countries live in peace with each other and hopefully soon end the longest conflict in Latin America. Congratulated President Santos of Colombia, through a negotiated peace which constitutes a precedent for region and the world. She reiterated that the momentum of hemispheric relations no longer supports unilateral decisions that are counterproductive, said and rejected the adoption of sanctions against Venezuela. The cooperation facilitates search for solutions to common problems such as security, migration, climate change. President Dilma spoke of offering guarantees to most discriminated groups: women, young people, blacks, native peoples, people discriminated because of their orientation and gender identity. Insisted that itâ&#x20AC;&#x2122;s essential to break cycle of inequality, democratizing access and knowledge production, into knowledge economy to introduce innovation in our society, including the challenges of Latin America, sustainability to remove poverty for millions of Latin Americans. She said we need education for that to be final and advance towards development. In education it is one of the major levers to raise quality and best practices to transform Latin America, because we have men and women able to create a new century of innovation based on research and science. Concluded by noting that the geography separated us from the rest of the world by two oceans, we are together in same boat. We have to take it to a safe harbor and ensure that our people have a decent life with human, social and economic rights and attained by our people. L&E

SUMMIT OF THE AMERICAS

“PROSPERITY WITH EQUITY: CHALLENGE OF COOPERATION IN THE AMERICAS” / PANAMA 2015 Message of His Holiness Pope Francis read by Cardinal Pietro Parolin / Vatican Secretary at the opening ceremony of the VII Summit of the Americas.

Milena Vergara - Assistant milena.vergara@rbc.com.pa

he aforementioned message given by Cardinal Pietro Parolin, addressed to President Juan Carlos Varela as host of the VII Summit of the Americas and all heads of State and Government participating delegations, invites reflection on dialogue more sincere cooperation and shared values that achieves mutual cooperation and join efforts to overcome differences. Moreover, we expressed the Cardinal that progress of each is built on necessary sacrifice of others and to be able to live in dignity must fight against others. The Cardinal said the well-being achieved is unfair and undermines the dignity of people. There are basic assets such as land, labor and home and public services such as health, education, environmental safety of any human being should be excluded. This desire we all share unfortunately is still far from reality because today there are still unjust inequalities that offend the dignity of persons. The great challenge of our world is globalization of solidarity and fraternity rather than globalization of discrimination and indifference, as an equitable distribution of wealth not the ills of our society will not be able to be resolved. You can’t deny that several countries have experienced strong economic growth in recent years but the fact remains that others are prostrate in poverty. Moreover, much of population hasn’t benefited from the general economic progress but often has opened a widening gap between rich and poor. Similarly Cardinal draws your attention to the problem of immigration. The difference in opportunities across countries and other makes many people are forced to leave their land and their family making them easy prey to human trafficking and slave labor without rights and access to justice. Also it indicates that sometimes lack of cooperation among States leaves many people outside the law and unable to enforce their rights by forcing them to be among those who

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take advantage of others resign or be a victim of abuse. Finally, invited the President of the Republic of Panama to continue maintaining bridges and communication channels between countries. Likewise said that the geographical location of Panama at the center of the American continent makes it a meeting point for North and South, the Pacific and Atlantic oceans and is certainly a call to create a new order of peace and justice and to promote solidarity and cooperation while respecting the rightful autonomy of each nation. In conclusion I would like to give my opinion on this speech I think is a message that makes us reflect on the problems between countries and in a manner worthy of the Catholic Church invites them to try to better relations in order to try every day to improve the economy, health and safety of our country. Also directed the heads of State and Government to improve the fields of investment in their countries to offer more opportunities for job growth and thus reduce the migration of people to other countries in search of a better quality of life. L&E

SUMMIT OF THE AMERICAS

“THE AMERICAS HAVE OVERCOME GREAT DIVIDES” BAN KI-MOON, SECRETARY GENERAL OF THE UNITED NATIONS

Karen Fabrega - Attorney karen.fabrega@rbc.com.pa

he Secretary General of the United Nations Ban Ki-Moon said that the purpose of the Summit of the Americas, is to create a life of dignity for all. American countries are increasingly committed to peace, democracy, human rights, inclusion and sustainable development, important pillars of the United Nations. So that America can meet objectives pillars of the United Nations and provide a decent life for all, Ban Ki-Moon presents progress and some other tools for this purpose: 1. America as a region of peace: America has overcome great divisions, because for first time all countries (35) members of this region participated in the Seventh Summit of the Americas, referring to the great step taken by the presidents of the United States and Cuba Barack Obama and Raul Castro, respectively, who half a century later restored diplomatic relations, following the guideline of the Charter of the United Nations. Urges countries of America, to clarify their differences based on dialogue within and between states, important tool for peace and democracy.

promote democracy and human rights. The Secretary General of the United Nations, highlighted the participation of women in leadership, because in America we have the largest number of women who are heads of state and the highest percentage of women in Parliament. You can’t generate prosperity and equity for all people, unless not involve everyone, including women. This progress is just the beginning, more progress is needed to end violence against women, through legislation and to be applied.

He said that should be more efforts to ensure the inclusion of marginalized throughout his2. Advance of Democracy: tory as indigenous and African descent, ensuring Encourages member countries, adopthat are consulted with major infrastructure protion of regional instruments to protect and

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SUMMIT OF THE AMERICAS

jects and investment that affect their territories and Ourselves, we must first begin by complying with meaways of life, mainly groups the indigenous groups. sures to save our planet by recycling and raise awareness of our natural resources; worry about being betUrges the region to take hard work to empower ter people so that there is peace; worry about seizing youth with opportunities and decent jobs, stres- opportunities in education and get close to not what sing that youth is main theme of the summit, and the government of the day and give us settle for that. sadly considered to be first and most social conflicts. Some countries in the region are at a diffi- Our leaders must be willing to provide us with securicult time as a result of violence, gangs and ty, education, health to prevent violence, illiteracy and drug trafficking, which increasingly is increa- misery; in order to create more prosperous nations. L&E sing criminality and brutality in these countries. 3. Eradicate poverty, reduce inequality and promote sustainable development: The challenge is to seek prosperity with equity. It encourages us to continue in pursuit of the struggle to reduce poverty and inequality. To meet eradicating poverty and reducing inequality, invites member countries to the Third Development Conference in July, so that everyone can make the contributions necessary for this purpose. To promote Sustainable Development, meeting in the month of September, in which the theme is Sustainable Development and its objectives, and considers it key to fighting climate change will be made. Caribbean nations are the most vulnerable to effects of climate change and represent a major role; and later, in December participation in the Conference of Paris, an event in which all nations of the world will reach a general agreement to combat this phenomenon, also including the participation of civil society. Closed his speech stating that on the horizon there are more sustainable and bright future of prosperity with equity, where no one is left behind and no opportunity for all, and that the United Nations is to support and work for a better world, our people and planet earth.

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SUMMIT OF THE AMERICAS

CIVIL SOCIETY AND SOCIAL ACTORS IN THE SUMMIT OF THE AMERICAS

he Forum of Civil Society and Social Actors, they had about 800 representatives of civil society and stakeholders across the continent, which developed important issues currently on the continent such as: Environment and Sustainable Development; Innovation, Knowledge and Economic Growth; Prosperity with Equity Inclusion and Decent Work; Economic growth and Inclusion, among others.

Augusto GarcĂa - Attorney augusto.garcia@rbc.com.pa

re is not a strong country without a strong civil society.

In this regard he stated that continentâ&#x20AC;&#x2122;s democracies are in constant evolution, which is influenced by the great transformations and contemporary technological advances such as social networks, which have resulted in the emergence of new actors in civil society without being organized play an important role, so that for balance, The Forum was attended by some of the main leaders peace and development is necessary to allow the particiof the continent, among which President Barack Oba- pation of all stakeholders through consensus building. ma and Panamanian President Juan Carlos Varela, who addressed the Forum in order to emphasize the impor- Political parties remain vehicles for citizen participation, tance in terms of the role of civil society in modern de- but are required to be treated not to being infiltrated by mocracies. Then we will refer briefly to the proposals organized crime and the leaders should have a vocation of made by these leaders in their respective interventions. service, in order to leave for granted that politics is a service to the Nation, since the quality of life of citizens by proIntervention of the President Juan Carlos Varela viding improved access to basic services and quality eduThe President who hosted the Summit of the Ameri- cation alone can promote development of the population. cas began by highlighting the pride representing our country to the fact that Panama has become the focal Inequality and poverty can only be eradicapoint for the search for a better future for generations ted through the joint work between governto come through the development of policies to attack ment, private sector and civil society in general. the ills besetting the peoples of the continent today such of President Barack Obama. as poverty. In this regard he stressed that such poli- Intervention cies should respect human beings and the environment, For his part, President Barack Obama of the United Stawhich are challenges to maintain a peaceful America. tes, began its participation reinforcing the idea that strong countries need strong civil societies and recalled that Such policies as the president should include methods of throughout history progress has been driven by ordinary strengthening mechanisms for participation of civil socie- citizens who have risen to express the face of adversity. ty in shaping decisions, noting that governments shouldnâ&#x20AC;&#x2122;t fear the strengthening of civil society organizations, un- These examples are numerous in the world and throughout der which they exercise a role Public Administration history as in the case of Selma, Alabama in the Unioversight strengthening democratic systems, so that the- ted States, the South African people and their stru-

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SUMMIT OF THE AMERICAS ggle against Apartheid, Europe before the fall of the Iron Curtain, among others. That is why the importance of civil society, since citizens must always be willing to question and put in question the state activity. In consideration of the foregoing, President Obama considers civil society awareness of our democratic systems and is the catalyst for political change. Similarly these actors are not always right, but this is not the question worth realize ourselves but to question if we have a society that allows debate and challenge different ideas. Thanks to civil society we have consensus in the Americas and each day greater social inclusion policies.

Both speeches stressed importance of holding civil society in modern democracies and reiterated again and again adopting a direct support for the participation of groups and actors of civil society in the decision-making process. However, itâ&#x20AC;&#x2122;s of cardinal importance to note that not just the appointment of certain representatives and civil society actors in the governmental gear, since this practice undermines the work these actors to lose the identity that has led to certain positions government, why it is necessary that the positions expressed by the leaders in their statements must be transformed into concrete action to enable civil society not only be heard but also be actively involved in the most sensitive development decisions of States without Currently all stakeholders can benefit from open, tole- losing their place on the rostrum of the civil society. rant and inclusive dialogue, rejecting violence and intimidation. In our continent, inequality holds too many Some examples of what we have pointed out is found in people outside of prosperity, that is why the United Sta- sensitive areas such as the development of economic potes directly supports all organizations and civil society licy measures sustainable inclusion, policies of access to so and act when opportunities for participation by civil basic services; areas where it is imperative to involve civil society in order to close of open always respecting the society organizations as such, with the aim of promoting agendas and issues of other countries. In this regard Pre- the implementation of policies that respond not only to sident Obama said the worldâ&#x20AC;&#x2122;s perception that the United economic interests of certain sectors of society, or political States noted the days when the US could interfere with interests of a particular government or faction opposition, impunity to the detriment of civil society, have passed. but allows the development and implementation of comprehensive policies for the benefit of the population that To end the US President expressed support to all those who are supported by technical and general interest criteria. L&E are victims of repressive actions in the form of imprisonment and other abuses by the simple fact of having adverse opinions, reiterating support to these individuals and organizations and calling the rest of the countries to protect the same.

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SUMMIT OF THE AMERICAS

YOUTH FORUM OF AMERICA SUMMARY OF TOPICS COVERED María L. González - Legal Assistant (FINAL DECLARATION) maria.gonzalez@rbc.com.pa

s young as we read “final statement” many think that it is a simple closing speech, but it is much more than that because it points that were approved during the VII summit discussed in this negotiations are declared. The Summit of the Americas held on 10 and 11 April in our country and ended as planned wasn’t a “final statement” due to disagreement between foreign ministers. Our president Juan Carlos Varela issued a final report which included 42 agreements that were projected 48 in the white paper. During his interventions include presidents Evo Morales and Daniel Ortega deepened more in the 6 agreements that the United States refused to sign, specifically environmental issues, human rights and democratic governance such as: technology transfer without conditions, the fight climate change and the recognition of health as a right, safe and reliable access to information technologies respecting privacy, and the repeal of the decree of Obama against Venezuela. In this case we can see that there are 42 agreements of 48 formulated issues which were conducted among 35 heads of state which simply reflects a great result of this summit which main objective is to bring together the leaders of the continent in a single plane, You can get more consensual way to the resolution of various conflicts involving the entire hemisphere, but the big problem is that everyone looks after their own benefit and costs too much to reach a consensus when you may well represent losses or evil, other. This VII Summit of the Americas left a set of agreed issues that must be monitored, but a final declaration at the Summit is not subscribed, this aspect doesn’t detract from the success achieved in the meeting of the different heads of state and a consensus with specific issues such as education and health, which is

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of great importance to people and society itself gave document. Education should provide citizens with the motivation of wanting to be people change through their knowledge have vocation to share what they have learned, so having a more humane way. El presidente de Colombia, Juan Manuel Santos, propuso crear una nueva institucionalidad dentro del sistema interamericano para aumentar la calidad educativa en la región. Despite being a meeting of various leaders with different political ideologies and old confrontations, you could see that at the Summit of the Americas, and our country Panama, the mediator whose purpose and goal was always to ensure peace, has proved in a very positive way to the image of the country whose concern for others was evident neighboring countries highlighting issues that truly contribute to humanity and what priority should now be tracking the issues that lead us to give a step as human beings and as a united continent. There were still many outstanding issues and challenges they will face in due course, but it is very important this summit to try to unify and assist countries of the continent, whose goal should always be to get to attaining prosperity with equity and not have this great inequality of wealth. L&E

SUMMIT OF THE AMERICAS

“BUSINESS SUMMIT OF THE AMERICAS” BUILDING BRIDGES IN THE AMERICAS: INTEGRATION FOR INCLUSIVE DEVELOPMENT

Julia Rodríguez - Assistant julia.rodriguez@rbc.com.pa

he Business Forum featured prominent participants, within which we can mention: Mr. Andres Gluski of AES Corporation, Stanley Motta of Copa Holdings, Mark Zuckerberg, creator of Facebook, and a large group of speakers comprised of executives from renowned companies the continent such as PepsiCo, Cargill, Coca-Cola, GE, Omnilife, Scotiabank, Grupo Aval, Odebrecht, Grobo, Citigroup Latin America, Walmart and Mercado Libre, etc. In the meeting of entrepreneurs were some heads of state, such as Brazilian President Dilma Rousseff, who said the economic growth currently experienced by the South American giant is based on social policies implemented in the last decade; President of the United States, Barack Obama, called on Latin America to economic growth benefit the middle and lower classes, not just the richest; the President of Mexico, Enrique Peña Nieto said that the generation of wealth and welfare for society is in the creativity of its people and the host President, Juan Carlos Varela, said that the main challenge for management lies in achieving preparation young people, especially those at risk.

tries promote innovation and value creation along the chain of agricultural production, so that it can help ensure access to food that is sustainable and equitable. Integration and financial inclusion: mobilizing resources for Social and Economic Development.

Participants discussed policies to be implemented in order to develop financial markets and promote financial inclusion. They also examined how public-private initiatives can reduce barriers to inteReally an ideal place for debate on issues of common gration and financial inclusion, and at the same time interest, such as logistics, border management, bila- ensuring stability of markets and how you can sustain teral treaties and foreign investment in Central time. and expand regional integration of capital markets. During the Forum covered topics such as: Economic empowerment of women: Good for woFood Safety and Agribusiness: pro- men, good for business and good for development. gress for the region, feeding the world. They advocated gender equality. Further it emphasized that the revenue growth of women in the XXI Participants in the panel mainly discussed how coun- century is mainly due to a reduction of 30% in ex-

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SUMMIT OF THE AMERICAS treme poverty in Latin America and the Caribbean. capacity of their infrastructure programs and develop long-term financial capacity to overcome them; how Corporate social innovation: promo- they could contribute to social development infrasting entrepreneurship for social development. tructure projects and the impact of the Panama CaSmall and medium enterprises (SMEs) in Latin America nal expansion in transport infrastructure in the region. and the Caribbean employ nearly two-thirds of the workers. Actually the Business Forum was a valuable opportunity for dialogue between the most imporThese vehicles for economic and social development tant businessmen of the hemisphere to discuss can be expanded through a successful and sustainable trade and investment opportunities, which will undouintegration into global value chains in world economy. btedly yield benefits for the countries of the region. L&E Participants in this panel looked at how our societies can create business opportunities and economic development by promoting entrepreneurship and translating ideas into businesses, jobs, wealth and opportunities for more innovative, just and egalitarian societies. Innovation and Information Technology: Reimagining Future of the Americas. Panel participants discussed how Latin American countries can educate the younger generation on issues related to the qualified technology and the ways in which governments and private sector can work together to close the digital divide. Energy: Fueling the growth of the Americas. Panelists discussed how they could develop energy resources, with vast reserves of oil and gas, in a profitable manner, which doesnâ&#x20AC;&#x2122;t affect the environment. Also, how they can cooperate the public and private sector in the development of energy resources through the use of capital, technology and best practices that can be shared among different actors and what are the advantages to promote energy integration and the development of border infrastructure. Infrastructure, Logistics and Connectivity: Linking the Americas. Panel participants discussed what requirements of infrastructure, logistics and connectivity are the Americas need to achieve; how countries can improve the

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NORMS OF INTEREST PANAMA ADAPTS LEGISLATION ON PREVENTION OF MONEY LAUNDERING, FINANCING OF TERRORISM AND WEAPONS OF MASS DESTRUCTION

resident of the Republic passed Law 23 of April 27, 2015, whereby measures are taken to prevent money laundering, terrorist financing and financing of proliferation of weapons of mass destruction.

Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa

Another of the topics covered so is the introduction of new activities considered high risk either as obligors; maintaining information yet before the cessation of the business relationship; clarification of suspicious transactions; the report wire transfers; confidentiality of inLaw 23 has been structured in twelve titles, having for formation reported to Financial Analysis Unit, among its object to provide a framework for monitoring the other topics that come to clarify to parties involved, various agencies and entities, individuals and entities handling of this issue, for their application afterwards. subject to this supervision establish measures to identify, assess and understand risks and consequences of Itâ&#x20AC;&#x2122;s worth mentioning that the Act gives the necesmoney laundering, financing of terrorism and the finan- sary steps to strengthen accountability, capacity and cing of proliferation of weapons of mass destruction. effectiveness of the supervisory and control tools, as well as obligations to supply information to the FiIn addition, new rules in the area of due diligence and nancial Analysis Unit (UAF) by the regulated enticompliance, applicable to regulated entities Financial, ties Financial, nonfinancial Obligees and activities Non Financial Obligees and activities subject to su- subject to supervision by professionals, as part of the pervision by professionals, which include approving: prevention of these scourges in regulated sectors. prevention of money laundering, terrorist financing and financing of proliferation of weapons of mass des- Against the breach of the rule have been established adtruction; create basis for the development of a natio- ministrative sanctions to be applied by supervisory bonal strategy for country risk assessment as part of the dies, taking into consideration seriousness of the offenfight against money laundering and the financing of se, the offense, the extent of damage and the damage terrorism and the financing of proliferation of WMD. caused to third parties. Such sanctions may be generic, specific, progressive fines or corporate responsibility. As well as proper identification of natural and legal persons acting as clients and final beneficiary; On the other hand, we have to Law 28 amenthe use of risk-based criteria such as complian- ding the Articles 14, 30, 331 of the Consolidace factor approach; inclusion, identifying and es- ted Law Securities comprising the Decree Law 1 tablishing limits on politically exposed persons. of 1999 and Title II of Act 67 of 2011 as well as Ar-

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NORMS OF INTEREST ticle 2 Law 2 of 2011 which adopts measures to Finally, we commented that within one hunmeet customer for resident agents of legal entities. dred twenty (120) days from the effective date, ie, the April 28, 2015 for its regulation is established. We can mention that in terms of powers of the superintendent, has been added to require any natural or The rule commented, comes from the countryâ&#x20AC;&#x2122;s need legal person remission of information or documen- to adapt the legislation to the international standards tation necessary for the purposes of effective investi- established to combat this scourge that has negatigation or for the purpose of sharing with authorities ve effects on the economy as well as its international or foreign bodies monitoring Monitoring values that projection, which takes him to meet commitments to the Superintendency has signed agreements, as well through bilateral or multilateral understandings, all in as quoting and take statements from anyone who order to dispel doubts and we are excluded from the facan contribute or contribute to the investigations ca- mous gray list, which to those skilled in the art doesnâ&#x20AC;&#x2122;t rried out and establish ties of bilateral or multilateral exist as it is or is not on the blacklist Group Financooperation to strengthen mechanisms supervision. cial Action Task Force (FATF) no intermediate color. For purposes of the principles must be based cooperation between the Superintendent and supervisors abroad, has been introduced bilateral, mutual cooperation, relevance of the request for information for specific purposes and research effective supervision of agents and market participants values. The amendment of Article 331 of Consolidated focuses on the Superintendency shall not be entitled to provide information that has been obtained through a local or international financial supervisory body under a multilateral memorandum of understanding. Act 2 of 2011 is amended to introduce as competent authority for the Administration of Supervision and Regulation of Non-Financial Subjects, Financial Unit for the Prevention of Crime Money Laundering and Terrorist Financing Analysis. The newly adopted provision repealing Law 42 of 2000 and Executive Decree 1 of 2001 which lays down rules for the prevention of crime and regulatory capital.

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Legislative activity has been directed to meet certain requirements such as the issue of bearer shares and the classification of certain conduct as a crime subject to the application of a penalty within which we must mention the acts of terrorism andWe discuss in the following paragraphs. L&E

NORMS OF INTEREST

CUSTODY OF THE BEARER SHARES Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa

ith the approval of Law 18 of April 23, 2015 some articles of Law 47 of 2013 which adopts a regime applicable to bearer shares custody are modified, the articles being modified indicate below:

will be considered amended by law prohibiting issuance of bearer shares, unless before December 31 society It has approved that it is home to the regime of detention of shares, which shall be registered in the Public Registry.

1. Articles 4 and 5 regulate delivery of bearer share certificates issued before and after the enactment of Law 41, was introduced them a paragraph to the effect of establishing that board of directors the company or the shareholders must authorize the company avails itself of the regime of custody set, which must be registered in the Public Registry.

4. Enactment of the Act is amended, which come into effect from May 4, 2015. Itâ&#x20AC;&#x2122;s worth mentioning that before amendment had been established which would come into effect three (3) years after its enactment, is ie the August 7, 2015. L&E

2. Another thing to mention is that in cases of suspension of the exercise of the activity of custodians referred to in Article 23 has been changed by section 10 paragraph 12 of Article 22. The numeral 10 is the one that provides for the imposition of a fine FIVE THOUSAND DOLLARS (US $ 5,000.00) where no notice of the suspension and the numeral 12 is then referred to the case of execution of the performance bond by a competent authority. 3. For the period of transition of bearer share certificates issued prior to the effective date of Law 47 it has been established within the December 31, 2015 to replace certificates of registered shares or delivery into custody. Before the reform, the period was three (3) years. Likewise, it has introduced a paragraph to Article 25, which states that after December 31, 2015, the social pacts

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NORMS OF INTEREST

CRIMINAL CONDUCT INVOLVING THE IMPOSITION OF A CRIMINAL PENALTY IS EXPANDED

n April 2, 2015 went into effect Law 10 of March 31, 2015 amending some articles of the Criminal Code relating to penalties, money laundering and terrorism, that being so, we have Article 51 is amended in the sense of establishing a legal person that is used or designed to commit a crime is punishable even if it hasnâ&#x20AC;&#x2122;t benefited from the offense, switching centers that previously the company had to receive a benefit from the unlawful act, now that It is irrelevant.

Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa

finance acts of terrorism or any other act intended to cause death or serious bodily harm to the population, when the purpose of the act by its nature or context, is none other than to disturb the public peace or to compel a government or an international organization to perform an act or abstain from them or the existence of international terrorists will be punished with imprisonment of twenty (25) to thirty (30) years.

Finally Article 294-A, which provides that anyone For Article 293, we see that it has been restructured who had an obligation to prevent crimes previously in the sense of including the use of cyber means established against terrorism shall be punished by to disturb the public peace, cause panic or fear or imprisonment of five (5) to six (6) years is created. L&E dread endanger the population or any segment thereof, as well as perform any act of terrorism as describing the United Nations Convention ratified by Panama as a conduct subject to a penalty of imprisonment ranging from twenty (20) to thirty (30). In this vein, has been introduced in Article 293A that stipulates that anyone who receive, possess, use, alter, transfer or transport nuclear, radioactive or bacteriological material through national territory without authorization shall be punished by imprisonment of five (5) to ten (10) years. Another modified articles it was the 294, as it states that whoever individually or collectively

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NORMS DE INTEREST

NORTH PANAMA, TOURISM AND ECOLOGICAL INTEREST AREA Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa

ecently it passed Law 16 of April 21, 2015, whereby area Panama North Zone is declared of Ecological interest and Tourism ethno-cultural and Historical Protection, which is made up of the villages of Alcalde Diaz, Caimitillo, Chilibre, Ernesto Campos Cordoba and Las Cumbres.

2. Total exoneration for a period of 10 years of property tax on land and improvements.

The standard aims to recognize, encourage and promote the area of Panama North to ensure sustainable development based on community tourism official, who becomes a means to combat local poverty, promoting development of entrepreneurship in communities, in harmony with the use of natural resources.

4. Loans granted to tourist investments made in first two years.

It should be noted that Law 16 develops the glossary of terms applicable to the same as the entrepreneur community tourism, ethno-cultural, offers community rooms, intangible cultural heritage, community tourism strategic plan, organized local villagers, ecotourism, community, Cultural / ethnic. Community tourism is created as a tourism product to be developed at national level aimed at promoting, in a rural, ecological and cultural tourism, by promoting family businesses or community-based, in order to encourage the participation of communities in the planning, development and exploitation of the resources of their environment in a sustainable manner that allows a better condition of life. On the other hand, incentives for entrepreneurs engaged in community tourism established, within which are: 1. Exemption from import duties for a period of five years falls on materials, equipment, furniture equipment used exclusively in the renovation and equipping of public tourist lodging establishments.

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3. exemption for five years tax on income derived from tourism.

To qualify for these benefits, the natural or legal person shall submit to the National Registry of Tourism will develop the project and term for registration of stakeholders will be ten years from Community Tourism Strategic Plan for the region. Will be the Ministry of Finance and Tourism Authority the power to oversee all aspects relevant to compliance with obligations assumed by tourism businesses who have been beneficiaries of the incentives. In this sense, it has been established that companies dont enjoy tax incentives at the time of entry into force of the mentioned Law 16 and that are developing activities of community tourism and is found eligible for benefits conferred by the standard. L&E

CONSULT, DOCTRINE & JURISPRUDENCE PLENO DE LA CORTE SUPREMA DE JUSTICIA DE LA REPÚBLICA DE PANAMÁ, RESUELVE DEMANDAS DE INCONSTITUCIONALIDAD PRESENTADAS CONTRA LOS ARTÍCULOS 1421-C Y 1421-J DEL CODIGO JUDICIAL ADICIONADOS MEDIANTE LEY 32 DE 1° DE AGOSTO DE 2006, QUE ESTABLECE DISPOSICIONES SOBRE PROCESO ESPECIAL DE RESOLUCION DE CONFLICTOS INTERNACIONALES EN MATERIA DE DERECHO PRIVADO Y DICTA OTROS DISPOSICIONES, ADICIONADO POR EL ARTÍCULO 1° DE LA LEY 32.

Dayra Castañedas - Attorney dayra.castanedas@rbc.com.pa

nteresting judgment where the full Supreme Court comes to meet the demand of unconstitutionality filed against Article 1421-C and 1421J of the Judicial Code added by Law 32 of 1 August 2006, which makes provision for special process resolution of international conflicts on Private Law.

4, 2006). Hence the plenary has seen fit to resolve, in the same decision on the merits, the applicants’ claims regarding the two defendants standards.

It stresses that the two articles under constitutional process were added to the Judicial Code through Act No.32 of 1 August 2006, “Establishing provisions on international conflict resolution on Private Law and other provisions” (G.O.25.603 of August

The result was that the attorney DARLINGTON submit a second claim of unconstitutionality against Article 1 of the legal excerta, which restores the validity of Article 1421-J Judicial Code.

Submitted that after constitutional demands, the National Assembly passed Law No. 19 of February 18, 2008, “which amends Article 1421-I and repeaOn one hand the lawyer NICOLE DARLINGTON, ling Article1421-J of Judicial Code, for resolving inacting on their own behalf, claims unconstitutio- ternational conflicts on Private Law, which at that nality of Article 1421-J of Judicial Code and on the time was a partial removal of the instant process. other, the lawyer ALEXIS HERRERA, also acting on their own behalf, presents two new claims of un- While this process pending resolution, the National constitutionality against same legal precept, why Assembly passed Law No. 38 of June 26, 2008, “that resclaims were joined together with the first, like other tored the validity of Article 1421-J of Judicial Code and constitutional claim filed by the law firm MIZRA- amended the paragraph 2 of Article 1545 and Article CHI, DAVARRO & URRIOLA against the same 1552 Commercial Code “(GO 26.072 of June 30, 2008) standard and Article 1421- C of the Judicial Code. and disappearing cause of partial removal of material.

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CONSULT, DOCTRINE & JURISPRUDENCE

I. PROVISIONS CHARGED UNCONSTITUTIONAL: The Articles 1421-C and 1421-J of the Judicial Code indicate the following:

It also estimates the applicant that the standard sub ludice violates Article 202 of the Constitution, since the violation of the arbitration agreement necessarily entail an infringement of Article 11 of Decree Arbitration Act, which “compels the parties to implement what has been agreed and formalized the constitution of the arbitral tribunal...”

“Article 1421-C. The provision on foreign arbitration in 2. Article 1421-J of the Judicial Code. consumer contracts not prevent consumers to initiate an arbitration in the country and in Spanish language.” Attorney DARLINGTON argues that the second accused rule violates Article 32 of the Constitution, by pre“Article 1421-J. In the processes referred to in this Chap- venting access to justice “with course support the issuanter, aren’t competent national courts if the claim or ac- ce of a foreign judgment of forum non conveniens and tion that attempts to engage in the country previously has constitutional reasons”, thus curtailing “the right to jurisbeen rejected or denied by a foreign judge to apply the diction, which is a constitutional right which emanates forum non conveniens . in these cases, national judges from the sovereignty of the state, and therefore can’t be should reject or disqualify himself from the claim or ac- called into question or limited by the decision of a fotion for constitutional reasons or preventive competition.” reign court, by issuing a statement of forum non conveniens... what constitutes a denial of justice that violates Las dos normas acusadas de inconstitucionales for- the constitutional guarantee of effective legal protection.” man parte del Capítulo IV (Proceso Especial de Resolución de Conflictos Internacionales en Materia de Meanwhile, both the lawyer HERRERA and the law firm Derecho Privado), adicionado al Titulo XII (Procesos MIZRACHI, DAVARRO & URRIOLA argue that the de Conocimiento) del Libro II (Procedimiento Civil) second accused rule violates Article 32 of the Constitudel Código Judicial por el artículo 1 de la Ley No. 32 tion and Article 17 of the Constitution excerta, placing de 2006, contentivo de los artículos 1421-A a 1421-M. “a judicial authority in a position to deny protection and realization of the rights and property of citizens. II. PLAINTIFFS HIGHLIGHTED THE CONSTITUTIONAL PROVISIONS ARE VIOLATED CONSIDERED AS WELL: 1. Article1421-C of the Judicial Code. According to the firm MIZRACHI, DAVARRO & URRIOLA, first defendant rule violates the constitutional guarantee of due process enshrined in Article 32 of the Constitution and supervised by the American Convention on Human Rights and the Universal Declaration of Human Rights, ignore the requirement. And the possibility of leaving parties the choice of a different jurisdiction initially agreed, freely distorts the process.

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The lawyer Darlington says that Article 4 and 215 of the Constitution are also violated, with important arguments for their position. III. PROSECUTORS OPINION:

The Attorney General’s Office, through Vista No. 32 of November 13, 2006, ruled in favor of the objections raised by the applicants against Article 1421-J: “According to the statements of the lawyers, are the criteria that in fact the violation of these constitutional norms occurs [Articles 4, 32 and 215], that in response to constitutional principle of universality, should be viewed together, since Article 32 the Constitution, also leads to

CONSULT, DOCTRINE & JURISPRUDENCE that through the doctrine of the block of constitutionality, it had as part of our constitutional system Article 8, paragraph 1 of the American Convention on Human Rights, and is also indicated as violated, both lawyers ... “ Attorney considers that provision is contrary to the spirit of Article 215 of the Constitution as to refusal of foreign court, the rule would prevent the recourse to national jurisdiction. The Solicitor General, to receive transfer of the second complaint filed by the lawyer Herrera of the firm MIZRACHI, DAVARRO & URRIOLA and second lawsuit filed by the lawyer DARLINGTON, opposed the applicants’ claims, but only with pertains to Article 1421-J of the Judicial Code, as stated in Views Prosecutors No. 857 of November 27, 2006, No. 031, January 18, 2008 and No. 082 of February 4, 2009: “This Office is contrary from view expressed by the plaintiff because incorporation of challenged norms unconstitutional in our legal system is based on the principle that “no person may be distracted from his judge,” as it has recognized prevailing doctrine on this matter.

Indicates the Solicitor General, which on the basis of such doctrinal criteria, the Republic of Panama issued Law 1of 32 August 2006, among which are articles 1421c 1421-J, which are accused standards unconstitutional. The Office is of the opinion that, as acknowledged by the doctrine, a Panamanian court can’t accept and decide on a claim whose direct antecedent is a foreign judgment, which is being discriminated procedurally against the actor, because was a foreigner against the original court; fact that if harm would come to the principle of equality before the law enshrined in Articles 19 and 20 of our Constitution, contrary to the assertions of the plaintiff.

Reference is also made to principle actio forum rei, a principle that was picked up by our positive law with adoption of Law 15 of 1928 by which the Code of Private International Law is approved, also known as Bustamante Code, who as general rule stated in Article 323 except in cases of express submission or tacit and local law unless otherwise the competent court to exercise personal actions is the place of performance of the obligation and, failing that, the domicile of the defendants , Quotes Dr. Jorge Fabrega, who in his Dictio- and secondarily that of his residence (stresses the Court). nary of Civil Procedure refers to the doctrine of forum non conveniens in the following terms: Concludes by stating that the forum non conveniens is a “FORUM NON CONVENIENS.. Ing. Do not desirable violation of the principle of sovereignty of the countries, forum. Anglo-American doctrine under which a court, since a foreign judge unilaterally imposed on courts of albeit competent, declines to hear a case because he be- other States to hear cases that have declined under foreign lieves that for the purposes of the process (v. Gr. Taking of status who comes to him for effective judicial protection. evidence) other more convenient and indicated. serious tribunal “ (FABREGA PONCE, Jorge. Dictionary of Civil Procedure. Plaza & Janes Editores Colombia, SA, p. 504). En la vista se hace también referencia a la opinión del jurista costarricense Gerardo Trejos Salas, quien en el documento denominado “Propuesta de una Convención Interamericana sobre efectos y tratamiento de la teoría del tribunal conveniente”, señala que el forum non conveniens causa violaciones al Derecho Constitucional de países latinoamericanos, haciendo un amplio resumen del tema.

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IV. FINAL ARGUMENTS:

During the respective terms of law, in addition to Darlington and HERRERA lawyers, there appeared: the lawyer MAXIMILIANO QUINTERO, acting in his own name, who opposed the claim of the law firm MIZRACHI, DAVARRO & URRIOLA with respect to Article 1421-J the Judicial Code, and attorneys AL-

CONSULT, DOCTRINE & JURISPRUDENCE BERTO LOPEZ TOM and GABRIEL CARREIRA PITTI, acting in their own names, who acceded to the applicants’ claims with respect to the same standard. None of those appearing referred in their closing arguments Article 1421-C of the Judicial Code.

forum for a cause that has been previously submitted to the knowledge of a foreign forum, that is the forum with more points of contact with a cause, greater convenience for practice tests, for both the court and the parties, availability of witnesses, where largest number of parties resides, among several other factors that unThe lawyer QUINTERO coincides with the Attorney doubtedly result in the best conditions for the purpothat “Article 1421-J of the Judicial Code, to prevent a ses of administering law, Article 1421-J prohibits that foreign judgment of forum non conveniens genera- cause is presented and known by Panamanian courts. te jurisdiction of national courts, which really seeks is that individuals (especially Panamanian nationals) have According to the lawyer LOPEZ TOM who approach, an effective opportunity to present their cases before the accused law violates the right to jurisdiction, which competent ordinary, natural foreign courts and deter- is a human right and a fundamental guarantee that mined by law, [versus] the application of so-called fo- the state provides equally Panamanian and foreign, rum non conveniens that in most cases has been in- constituting, therefore, a form of denial of justice. voked by foreign defendants with express encourage not cope or prevent processing of claims by Panama- Important contribution of lawyer LOPEZ TOM who nian nationals before (foreign) courts of domicile of addresses concept of “preventive competition” which those defendants (foreigners).” (Emphasis in original). should be applied only to resolve conflicts of jurisdiction between national courts and not in relation In contrast, estimates lawyer LOPEZ TOM Arti- to foreign courts, having clear that in the cases procle 1421-J of the Judicial Code violates Articles 4, vided by the accused norm, not a conflict of any 17, 32, 201, 202 and 215 of the Constitution, as the competition it’s set, or the international dependenAnglo-Saxon doctrine of forum non conveniens has ce lawsuit, which also is not accepted as an excepbeen collected incorrectly by the accused standard: tion to the jurisdiction, under provisions of Article “...the reason) to be forum non conveniens isn’t sim- 232 of the Judicial except code it is agreed under an ply strip the trial court that is, knowledge of the cause, international treaty is set or maritime jurisdiction. but send or post it to the forum that truly is the better for both parties to the taking of evidence by the While the attorney CARREIRA PITTI in support of the Court, and finally to best realization of the interests declaration of unconstitutionality of contested proviof justice. by declining to hear the case, the trial cea- sion, arguing that it “contains a ban to be heard, that is, ses abroad, and parties are allowed to appear before a ban on access to the courts, exercising the claim and the Panamanian jurisdiction, which we hold, it has its receive from the court a judgment,” why is a violation of own rules to determine whether or not vested with ju- Article 8 of the American Convention on Human Rights, risdiction and authority to hear and decide the same. composed of Article 32 of the Constitution by constitutional law, since “prevents the national court to apply As a result, may be noted the alleged bad knowledge its own jurisdiction, thereby where justice is denied.” ‘to prevent’ of cause by a foreign court, or existence of a pending lawsuit abroad, as reasons for Panamanian Important contribution made lawyer CAREER PITcourt lacks jurisdiction, as expressed in Article 1421-J...” TI who said, “the standard is then attacked intenOf the above factors, it is noted that although the Re- ded to apply address causes that come before the public of Panama may be in many cases the natural Anglo-Saxons courts, who are the only ones if they

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CONSULT, DOCTRINE & JURISPRUDENCE decline jurisdiction in which such courts decide to rements for active standing to file the rehearsed action. refrain from further exercise jurisdiction pretext 3. Nature of the contested measure. that Panama is where the process must be known. The lawsuit is directed against two high leAnglo judges decide to refrain from continuing gal standards under alleged infringement of to hear a case and decide to decline it when they a provision of constitutional status, so be refind it has more in common with a foreign ju- view by way of objective constitutional control. risdiction that own, in this case with Panama. For whites judges decide in favor of declining jurisdiction must have previously found that foreign courts have jurisdiction over the cause. That is, a Anglo judge can’t decline cause if previously found that foreign court could exercise jurisdiction. The budget procedure declining Anglo competition is the competition of the foreign court, in this case the Panamanian judge.” (Emphasis in original) Similarly, lawyers DARLINGTON and HERRERA presented their arguments in writing, reiterating the requests contained in its demands, with other contributions to support their requests.

V. DECISION OF THE PLENARY SESSION. BASIS OF DECISION

1. Competition.

4. Legal problem. The legal problem that arises in this dispute is whether National Assembly, in issuing the contested rules, violated constitutional precepts that would justify the Plenum of Supreme Court deprived of all legal effect as contrary to such provisions enshrined in our Constitution. 5. Analysis of the charges of unconstitutionality raised. a. Constitutional violation charges against Article 1421 of the Judicial Code C. It indicates that the first key point to the decision of the Court is constitutional change of 2004, where the arbitral tribunal shall be recognized as part of the administration of justice, through Article 202 of the Constitution, invoked as violated constitutional norm.

While a comprehensive analysis of provisions of Decree Law No. 5 of July 8, 1999 is done, mainly Article 1 of the law “On which the regime arbitration, conciliation and mediation is established” and in which it defines what is meant by arbitral jurisdiction, as well as the competence-competence principle, enshrined in second sentence added to Article 202 of the Constitution by that constitutional reform has 2. Right of action. been developed by the first paragraph of Article 17 of Law Decree No.5. It is noteworthy that in this ruIn this case, the constitutional claim was raised against ling is omitted indicate that Title I of Decree Law 5 Articles 1421-C and 1421-J of Judicial Code, added of 1999 was repealed by Law 131 of December 31, by Law enacted by National Assembly, a situation that 2013, where the same issues are regulated as follows: allows us to confirm that the applicant meets the requiThe Plenum of the Supreme Court is competent to hear and determine actions proposed unconstitutionality against laws, decrees, resolutions and other acts that for reasons of substance or form challenged before it any person in accordance with expressly stipulates that paragraph 1 of Article 206 of the Constitution.

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CONSULT, DOCTRINE & JURISPRUDENCE Article 5. Definitions. “For the purposes of this the foreign arbitration is agreed as part of a consuAct, the following terms are understood as: mer contract. This type of contract is framed within the branch of law known as Consumer Law or Law 1. Arbitration: conflict resolution method by which of Consumers and Users, relatively recent develoany person with legal capacity to commit submit pment, which was elevated to the rank of constidisputes which have arisen or which may arise with tutional guarantee by Legislative Act No. 1 of 2004: another person in the opinion of one or more ar“ARTICLE 49. The State recognizes and guaranbitrators award definitely effectively decided by res tees the right of everyone to obtain goods and judicata, as provisions of this Act. arbitration means quality services, accurate, clear and adequate inany arbitration regardless of whether or not a perma- formation on the nature and content of goods nent institution which is to administer, in accordan- and services purchased; and freedom of choice with Article 12. ce and conditions fair and dignified treatment. 2. ...”

The law will establish the mechanisms necessary to guarantee these rights, education and consumer protection Regarding competition, Article 30 states: procedures user, compensation for damages and penal“ARTICLE 30. The arbitral tribunal may rule on its ties for violation of these rights.” (Stresses the Court.) own jurisdiction, including any objections with respect to existence or validity of arbitration agreement. Analysis stands with definitions leave Law No. 45 of October 31, 2007, establishing rules on consumer protecFor this purpose, an arbitration clause which forms part tion and defense of competition that develops the afoof a contract shall be treated as an agreement indepen- rementioned constitutional precept is issued is based. dent of the other terms of the contract. the decision of Established the factual circumstances that Artithe arbitral tribunal that the contract is void shall not cle 1421-C of the Judicial Code is based, implicaentail ipso jure the invalidity of the arbitration clause. “ tions of alternative set for this, according to which, In this sense, the House appreciates prima facie case even if there is an arbitration clause in which it that Article 1421-C of the Judicial Code allows paris expressly agreed a foreign arbitration is consities to a consumer contract arbitration opt for the dered a consumer contract, the parties may benational Spanish language, even when those had nefit from a national arbitration in Spanish. expressly agreed to refer to foreign arbitration any dispute arising from the contractual relationship. It’s established in this judgment that the ratio legis of the first accused standard is then given by the very nature of Several assumptions that must be met to be eli- consumer law, whose integral part corpus juris this rule: gible for this alternative and these were analy- “The consumer protection has great importanzed broadly, however, it seems that third and ce today, but as problems hasn’t been raised unfinal course, worthy of note, since it’s corners- til recently, though, since relatively recently, thetone for it to come identify the final decision. re are specific rules for their protection. Hence some authors propitiate formation of a politiThis assumption has to do with the application of the cal overall aimed at achieving such protection.” rule under consideration is that arbitration clause in

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CONSULT, DOCTRINE & JURISPRUDENCE In this decision highlights that diffuse interests, recognized doctrinally as Human Rights third generation and defined as “that is spread in a community corresponding to each of its members and that doesn’t emanate of property titles, rights and concrete actions “under Article 2 of Law No. 41 of July 1, 1998”, General Environment of the Republic of Panama “(GO 23,578 3 July 1998), enjoyed protection jurisprudence since the Third Chamber of the Corporation recognized them as a source of legal standing to act in defense of the right to a healthy environment in our country (cfr. Judgment of June 22, 1994). Therefore, to solve this case, the plenary considered necessary depart from strict observance of the principle of autonomy, favoring instead the diffuse interests protected by consumer law, which, as noted above, they have been added to catalog of fundamental rights guaranteed by our Constitution after 2004 reform. For plenary it was important to determine whether the rule in examine adequately guarantees the fundamental right to effective judicial protection, enshrined in Article 32 of the Constitution, in accordance with Article 8 of the American Convention on Human Rights. Made the above considerations, we conclude that the legal provision that gives the parties to a consumer contract alternative national arbitration in Spanish, even when the arbitration clause of the contract has been expressly agreed foreign arbitration is consonant with the right to an effective remedy, which should assist consumers and users of our nation, in accordance with Articles 32 and 49 of the Constitution excerta and doesn’t infringe in any way Article 202 of the Constitution, since it is both respectful the arbitration clause and the competencecompetence principle that underlie arbitral jurisdiction. Nor violates in examine the matching rule in international treaties, cited earlier in this analysis.

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Besides, under the marked norm and conforming to provisions of Article 323 of the Code of Bustamante, also cited by the Attorney, the “local law” protects the consumer, above the “express submission” to foreign arbitration agreed in the arbitration clause. In conclusion, the total estimated proved no charge against proposed constitutional violation of Article 1421 of the Judicial Code-C. b. Constitutional violation charges against Article 1421-J of the Judicial Code The Plenary noted that Article 1421-J of the Judicial Code is based on Article 11 of the Model Law Latin for International Conflict Resolution on Private Law: “Art. 11. Forum non conveniens, constitutional reasons and preventive competition rules prevent national competition is generated when a lawsuit is filed in the country in pursuit of a foreign judgment of forum non convenient (sic.). Such cases will be rejected automatically by reason of incompetence.” (Emphasis in original) Important legal opinions are reflected in the resolution, this including the Technical Secretary of the Commission of Government, Justice and Constitutional Affairs of the National Assembly on the objective of the national legislature to impose barriers to prevent bring actions in national courts national, who otherwise had been resolved by foreign courts. Domestic and foreign content interesting failures are also analyzed, which warrant a complete reading, including the case Chandler et al. V. Multidata, handed down on May 10, 2005 by the Court of Appeals for the Eastern District of Missouri, which upheld lower court decision to dismiss demand raised by 112 over radiated patients, based on the doctrine of forum non conveniens. The national ruling handed down by the First Supe-

CONSULT, DOCTRINE & JURISPRUDENCE rior Court of the First Judicial District of Panama, which decided on appeal on the admissibility of an ordinary demand greater amount, filed by JOSEFINA ESCALANTE ROMERO, a relative of the victim HEBE VICTORIA AVILES ESCALANTE also stands over radiated patient deceased against MULTIDATA SYSTEMS INTERNATIONAL CORP., THERATRONICS INTERNATIONAL CORPORATION A/K/A THERATRONICS INTERNATIONAL LIMITED, CANADA DEVELOPMENT INVESTMENT CORPORATION, and MDS, INC., of April 15, 2004.

standards and jurisprudence worthy of a leisurely review. Are taken into account to arrive at a decision, criteria adopted by the Spanish and Colombian counterparts, conceptualize the absolute restriction of the right to jurisdiction or access to justice, and therefore the fundamental right to due process raised by defendant rule, is not suitable for a constitutionally legitimate purpose. They point out that the accused standard part of a fallacy, since the Panamanian courts because of constitutional order canâ&#x20AC;&#x2122;t disqualify himself from a demand when it has been previously rejected by a foreign court, based on the doctrine of forum non conveniens. Since this inhibition is contrary to due process protected by the Constitution.

It took into account the background of second accused standard doctrinal criteria that underlie and possible practical consequences of its application, assumptions of fact and law, in the light of arguments made by the plaintiffs were examined, representatives prosecutors and others involved in order to conclude Considers Parliament that, if a procedural rule prewhether or not your declaration of unconstitutionality. vents access to justice, which is precisely the starting point for achieving substantive justice, this For purposes of examination, the plenary conside- being one of the budgets of effective judicial prored together charges of violation of Articles 201, 202, tection, an issue that was also widely discussed in 32, 215, 4 and 17 of the Constitution, in that order this ruling, this rule deviates from the principle esand discussed a number of provisions related to the tablished in paragraph 2 of Article 215 of the Conssubject, to decide about the feasibility of denying titution. And being unable to initiate action in a the right to jurisdiction, for reasons of preventive country, after denied by the foreign court, the applicompetition, a plaintiff whose case has previously cation of standard charges, could bring even pracbeen the subject of a restraining order by a foreign tical consequence, the absolute denial of justice. court, under the application of the doctrine of forum non conveniens, such as required by Article 1421- For reasons expressed plenary estimated proven charJ of the Judicial Code, accused of unconstitutional. ges of violation of Articles 32, 215 and 17 of the ConsThe ruling highlights that the issue under considera- titution, made contrary to Article 1421-J of the Judition has two aspects, one procedural related to articles cial Code. It is also considered to have been violated 201 and 202 of the Constitution and substantive regard Article 4 of the Constitution, in accordance with Artito Articles 32, 215 and 17 of the Constitution, which cle 8.1 of the American Convention on Human Rights. are interrelated, but need to be addressed by separate. In that ruling, the Full Court DECLARED NOT UNSCONTITUTIONAL section 1421-C of the Judicial As regards the international implications of the case in Code, added by Act No. 32 of 2006, and DECLARED light of Article 4 of the Constitution was also discussed, UNSCONSTITUTIONAL Article 1421-J of Judicial highlighting a number of national and international Code, added by the same legal excerta, whose validity was restored by Act No. 38 of June 26, 2008. L&E

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POLITICS PORMENORES DE LA CONSTITUYENTE DE 1945

Rafael Fernández Lara rbcweb@rbc.com.pa

n October 7, 1941, President of the Repu- fying the claims of his government continuism live. blic, Dr. Arnulfo Arias Madrid, left the country for personal reasons without requesting a licen- For the month of September 1944, the Liberal Rese, a requirement established by the Constitution. newal Party raises the need to convene a National Constituent Assembly, as did other political parHis omission was used by his political enemies. Two ties and other groups, in order to end the de facdays later, on October 9, Ricardo Adolfo de la Guardia, to government of Ricardo Adolfo de la Guardia. Minister of Government and Justice and confidant of the president, in collaboration with the US authorities and On January 4, 1945, after a silence of four years by the National Police, commanded by Colonel Rogelio Fabre- National Assembly, it meets in the town of Chivo-Chiga, coordinate relevant movements and give the coup. vo, territory under US jurisdiction (Canal Zone), and chose the Presidency Named (Vice) correspond to reFirst, the Minister Ricardo Adolfo de la Guardia, arres- place the Head of State for the biennium 1945-1947. ted and forced to resign from the First Appointed (Vice This action didn’t achieve support from any national President) of the Republic, Dr. José Pezet Arosemena. political group, so that their claims failed to thrive. He then called for the inauguration of the Second Designated Ernesto Guardia Jaén, his brother, who spent Continued tension of a large sector of the population, a few hours in office. Immediately meets the Cabinet virtually forcing Ricardo Adolfo de la Guardia, to enCouncil, who appointed Ricardo Adolfo de la Guardia act Cabinet Decree No. 12 of February 2, 1945, wheas Minister in charge of the Presidency of the Republic. reby he called for elections to choose the members of the National Constituent Assembly, who, among other Next, the Minister in Charge of the Presidency war- things, granted all civil rights to Panamanian women. ned the Third Designated Anibal Rios, Ambassador of Panama in Peru and supporter of deposed It’s wise to remember that before the enactment ruler, who was in Peru, that if returned to the coun- of Cabinet Decree No. 12, the Governing Guard try would be arrested and tried for common crimes. appointed a commission of renowned jurists, such as José Dolores Moscote, Ricardo J. Alfaro and EduarTwo years later, in mid 1943 and full year 1944, a per- do Chiari to draft a reform bill the Constitution of sistent current repudiating the president Ricardo Adol- 1941, which was delivered on February 15, 1945. fo de la Guardia, which was increasing day by day, de-

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POLITICS The election to elect members to form the National Constituent Assembly was held on May 6, 1945 in an environment of low profit, but in an environment of exemplary tolerance and civic order.

The National Delegates they were Diogenes De La Rosa, Jose Isaac Fabrega, Esther Neira de Calvo, Mario Galindo T., Abilio Bellido, Ramon Jimenez, Jacinto Lopez y Leon, Luis E. Garcia de Paredes and Manuel Pino R.

In this election women could vote without hin- For its part, the Provincial Delegates were 43. drance, materializing the long-awaited claim. Then at a time of great unrest following the election of Two reputable female leaders were elected, Esther the Provisional President they took into account seveNeira de Calvo postulated by five political groups ral names, including Eduardo Chiari, Chairman of the (Conservative, National Liberal, Liberal Democratic Conservative Party, Domingo Diaz Arosemena, RoNational Revolutionary and Liberal Doctrinal) and berto Francisco Chiari and Enrique Adolfo Jimenez. Gumercinda Paez, graduated from the Escuela Libre de Derecho, nominated by the National Revolu- The June 15, 1945 was elected Enrique Adolfo Jimetionary Party, corresponding to the latter the Second nez as provisional president by 30 votes in favor and Vice President of the National Constituent Assembly. 11 against his opponent received Eduardo Chiari. Undoubtedly, much favored the Liberal Renewal Party Unfortunately, the popular leader, Clara Gonzalez, support the election of Don Enrique Adolfo Jimenez. supported by the National Union of Women and nominated only by the Liberal Party Renewal, came not The ten delegates Doctrinal Liberal Party voted blank. elected to a seat, even though she reached a lot of votes. Accompanying the President Jimenez, as First Vice According to the National Election Board, 103.985 citizens went to the polls, including women’s suffrage for the first time. PARTY VOTES Liberal Renovador Nacional Revolucionario Liberal Demócrata Liberal Doctrinario Liberal Nacional Socialista Conservador

28,146 18,945 13,811 11,530 9,666 4,365 2,311

Thus, by Decree No. 2 of June 15, 1945, the National Constituent Assembly abolished the Constitution of January 2, 1941.

DELEGATES TO Third CONVENTION 12 11 8 8 7 2 2

Among delegates to the National Constitutional Convention eight lawyers, three journalists, five teachers, two farmers, three doctors, a dentist, sixteen businessmen, an engineer, six industrial and six former employees were public.

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President of the Republic Don Ernesto de la Guardia Jr., member of the Liberal Renewal Party, and Second Vice President Roberto Jimenez de Roux.

The new Constitution of the Republic was enacted on March 1, 1946, becoming the third Constitution we have had since our independence from Colombia, the November 3, 1903. The Constitution of 1946 is considered by most Panamanians as the best and more democratic than we had in our republican era. This Constitution guaranteed in part to the needs of the Panamanian nation at that time. Offered substantial provisions on rights and individual and social duties and rights of the family, work, public health, education, rural communities and indi-

POLITICS genous legalized male and female equality to establish munity, establishment of places and working hours, citizenship at age 21 regardless of sex , among others. which proselytizing is illegal and punishable by law, conditions entry in the administration, method of This was established in Article 97, pointing clearly the competition, background, credit and studies done, fiexercise of citizenship to “all Panamanians over 21 nally, a number of important rules for administrative years regardless of sex”, meaning citizens the “right to career were subsequently regulated by several laws. elect and be elected to public office by popular election and the ability to hold office with authority and juris- The document was deliberate and publicly approdiction” according to Article 98 therefore were recog- ved by a Constituent Assembly with an environnized the elementary rights of Panamanian women. ment of complete independence and freedom. The Constitution of 1946 removed and deepened institutions created by the previous Constitution of 1941 to govern the period of the President of the Republic, returning to the “classic” Panamanian constitutional mandate extinguished while the figure was changed from six to four years of the designated, replacing that of the Vice-in number two accompany the presidential administration. In its ancillary space excluded rules of the Constitution of 1941, which stripped of nationality by reason of their race to certain people born in the country. Like forbade the citizen who has been elected President be reelected for the same office in the immediately following two periods. For the first time in our history a complete chapter in the intended only to national education Constitution, Chapter 4 of the 1946 Constitution in Articles 77-91 were included. Also noticed Title XII, “Rights and Duties of Servants of the State”, various branches of government. In Chapter I, Article 240, a major precept on public servants that aims to provide protection to all public officials so that they aren’t an element of discretionary removal, so it must be given before an argument specifically designated by law appears to enable them separating a public servant. The following Article 241, point out important principles such as officials will be at service of the state and not of a political com-

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After this description of particularities of the Constituent Assembly of 1945 and the result of it, the Magna Carta of 1946 Charter, I consider it a real alternative to elaborate a new political and social pact in Panama, born of citizenship, which is associative and equal through a process of open dialogue, consensus and national unity. The possibility of launching a constituent is reasonable and wise, as an opportunity to change our fundamental charter, which many hope to hold, as the most democratic, participatory and institutional mechanism to obtain as a nation, the consolidation of our democratic organization, ensuring a state of consonant right with the times in which we live, leading to shared responsibility of all sectors, it echoes and reflects the demands of the population to realize a new constituent pact with which we feel satisfied and proud for the future. L&E

ILLUSTRIOUS PANAMANIANS

RICARDO JOAQUÍN ALFARO JOVANÉ

Lisbeth Martez - Assistant lisbeth.martez@rbc.com.pa

orn in Panama City, on August 20, 1882 and died on February 23, 1971. Doctor in Law and Political Sciences Faculty of Law of Panama, historian, philologist, linguist and political. He was secretary of state in different opportunities and is one of the most representative of our intellectual, social and political figures of the twentieth century life. Recognized world-class internationalist, represented Panama to the United States and in international organizations. It was negotiating treaties and in 1931 was called to the presidency Plenipotentiary at Washington; Panama representatiof the Republic after the coup Community Action. ve at the UN and OAS, among others. On the other hand, he was paramount among the founding memAmong the positions he held at the national level was ber of the Panamanian Academy of Language in 1926. Minister of Foreign Affairs, Minister of Government In 1959 he was appointed judge and later vice preand Justice charged. In 1944 he was a member of the sident of the International Court of Justice in The Code Commission of Panama and in collaboration Hague, who left in 1964 because of his advanced with Jose Dolores Moscote and Eduardo Chiari, pre- age. Until his death he devoted himself to jourpared the draft of the Constitution of 1946. At the in- nalism and lecturing, and gave vent to his old ternational level, he was general consul of Panama in hobby rein in history, literature and philology. Barcelona, Spain; counselor of the Legation of Panama in the United States; member of the Joint Commission Legacy of Dr. Ricardo J. Alfaro to our Litigation. of Jurists; Judge at the International Court of Justice The then president Dr. Belisario Porras, by Decree 127 in The Hague, magistrate and vice president of the of 1913, created a Code Commission to develop proInternational Court of Justice in The Hague; Minister jects of various legal codes, and Decree 141 of the same

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ILLUSTRIOUS PANAMANIANS year, appointed as a member of the Santiago same gentlemen of the Guard Luis Anderson, Carlos A. Mendoza, Ricardo J. Alfaro, Julio J. Fabrega, Angel Ugarte and Oscar Teran (later replaced by Dr. Harmodius Arias). Each member is assigned the preparation of a draft, to be submitted to the plenary; the Judicial Code corresponded to Dr. Ricardo J. Alfaro. The new Judicial Code was adopted in 1916 by Act 2 of that year. (Hitherto governed the Code of Cundinamarca, which was adopted for the unitary Republic by Art. 1 of Law 57 of 1882). Important contributions of Dr. Ricardo J. Alfaro to Human Rights: Dr. Ricardo J. Alfaro led the delegation of Panama in the first United Nations General Assembly which was held in London in 1946, which aimed to create an “international bill of rights”. Dr. Alfaro, on behalf of the Panamanian delegation presented the draft as orally defended the need to adopt the Declaration. “Panama proposed to include in the preamble a true Bill of Rights of Man, composed of 18 items, which included political freedoms, economic, right to education, work, social security, but the proposal did not prosper.”

What, specifically, those rights? The answer is provided by the Declaration signed in Paris in 1948. The rights and freedoms set forth therein defined and are members of the United Nations are bound by the Charter to promote, respect and enforce “. He also had a role in the creation of the Convention on Suppression of Genocide paper, the Definition of Aggression, the formulation of the Nuremberg Principles and the preparation of a Code of Crimes against Peace and Security of Mankind and the establishment of an International Criminal Court. Finally, we transcribe an excerpt from his speech that we believe is in full force in our current political life, which paradoxically was delivered by Dr. Alfaro in 1931 when he was called by the Supreme Court to take over the Presidency of the Republic. EXCERPTS FROM THE SPEECH OF 19 JANUARY 1931 IN COLUMBUS ON ARRIVAL TO TAKE CARE OF THE PRESIDENCY. “Fellow citizens: I have no words to express the joy experienced by my soul to meet again on the blessed soil of this country, that so vast popular movement has been projected in the way of my redemption. . . . By the combination of several factors, which have worked subtly, insidiously and therefore often unavoidable, the Republic has gone away from the straight and shining path of democracy and farther and farther along the winding paths of personalism and sober , of continuity, of all these oligarchic practices that constitute the most emphatic denial of the republican system. It has been losing confidence in the forces of opinion to expect everything and everything to fear, force that is annexed to governmental power.

In February 1947 in Havana, proposed to the American Academy of Comparative and International Law, a resolution that was considered included in the declaration that the three categories of economic, social, universal, political, and has adopted the same as It was approved by the Academy. Many states opposed to a recognition of economic, social and cultural rights, as had been repeatedly postponed in the United Nations, the approval of the respective International Covenants (until 1966). “Through the Charter of San Francisco -exponía Dr. Alfaro states that form the international community expressed their will and purpose that human It has been losing faith in the genuine functioning of rights are respected, promoted and made effective. the constitutional canons and has only been regarded

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ILLUSTRIOUS PANAMANIANS as a palpable reality the will of the rulers. It has permeated the minds the idea that the state, individual rights, the science of government, the healthy activities of true politics are nothing but empty words of real meaning. Thus, in this mood, the masses have come to doubt everything and have thought that voting is a farce, a subterfuge law, public opinion a lie, the virtues of a hindrance, the merits something useless, wisdom a superfluous adornment, prestige a trade effect and capabilities an article of manufacture artificial.

The past belongs to history and justice. This should usher in a new era in which the Republic discard forever the vicious systems that have precipitated his moral and economic ruin. The future must be unwavering determination not to persist in error, strong back, enthusiastic, irrevocable, to the principles, to honor, to faith. . . . To our beloved country, it is regrettable the validity of those words. God forbid that our leaders together with our people deem that the future must be unwavering purpose to lead PaDuro was certainly disillusioned mood for getting nama to the principles, to honor, to faith. L&E to think so, but had to surrender to the evidence of facts because we have seen that the real forces at many times and periods of national life, have been influences, gold, nepotism, indocta audacity and political mercantilism; because he has seen the complete reversal of values on â&#x20AC;&#x2039;â&#x20AC;&#x2039; which the most delicate, the most august, the most significant prints without the favor enforcement official; because it has warned that while the Constitution provides for equality, established in fact the most odious privileges, franchises and personal exemptions and because it has felt finally that the choice of the leaders of the nation the decisive factor was not the spontaneous opinion of the majority, or at home or at parties, but the will of the occupant of the presidential chair. This accumulation of errors and weaknesses, which we estimate collective responsibility, while not disclaimed, calmly, with authority and justice, it is the result of various circumstances whose analysis is out of place here. So I said I do not charge or attempt to determine responsibilities. What is worth celebrating the fact that they have been authorized so many patriots who, contemplating slope where we perform the abyss filled with alarm and shame expressed the will and the decision to halt the disastrous way.

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PANAMANIAN ECONOMY MONTHLY ECONOMIC ACTIVITY INDEX, FEBRUARY 2015

he Monthly Economic Activity Index (IMAE) in the Republic, in February 2015, measured in terms of the original series in 1996 prices, it grew by 5.05 percent compared to the same period of 2014. The sectors with positive results were transport, storage and communication, fishing, mining and quarrying, construction, community, social and personal service activities, financial services, restaurants and hotels, electricity and water, and agriculture.

Source: CGRP

tivities, such as services in hotels and restaurants posted positive results, mainly due to the strong inflow of tourists and hikers, as well as the costs of these during their stay in the country. Production of electricity and water presented positive rates, due to higher hydro generation and higher billed consumption of electricity and water; however, it decreased thermal power generation.

From less dynamic activities, agricultural sector showed The other sectors showed a positive effect, but to a lesser an increase in production of milk, banana, watermelon, pace, with the exception of trade and manufacturing in- vegetables and baby pigs and poultry. By contrast, fall dustries, which registered decrease. Transport operations was recorded in pineapple cultivation, mainly for export. and communications sector performed favorably, mainly in telecommunications, air transport and movement Some of the other services that performed well were: measured in the National Port System TEU containers. private education, the demand for qualified personnel and health provided by private sector. The business Fishing continued to report positive rate due to the cap- showed negative results due to limitations recorded in ture of species destined mainly for export. The catego- the Colon Free Zone and lower demand in wholesale ries of construction and mining and quarrying had a trade; by contrast, it was positive the behavior of retail. good pace, partly attributable to the contribution of the construction in the private sector; however, you still in- Manufacturing decline in industrial production relafluenced by lower related to the Canal expansion and ted to the production of non-metallic products, metal, the completion of several large projects of state inves- textiles and plastics activities. Not so, as food procestment activities. Providing amusement and recreation sing, paper and publishing and printing activities. L&E services reported positive results, mainly due to the increase in revenues from gambling halls games of chance, especially type slot machines and horse activities. The financial intermediation activity performed well, banking, and insurance activities. Tourism-related ac-

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PANAMANIAN ECONOMY

CONSUMER PRICE INDEX

he Consumer Price Index (CPI) National Urban in March recorded a positive variation of 0.9 percent, while Inter-annual National Urban showed no change, the National Institute of Statistics and Census (INEC) of the Comptroller General of the Republic reported.

Source: CGRP

yees of the SAI, who had to overcome five stages. The group that showed the decline was clothing and footwear, with 0.2 percent, the most significant decrease in the prices of full dress for girls.

Finally, the group housing, water, electricity and According to INEC, highest increases were obser- gas showed no change. L&E ved in groups of Communications, Transport and Restaurants and hotels; while among the groups that were most significant positive changes are Communications, with 5.5 percent, due to increased new models of mobile phones; Transport, 2.3 percent, due to increased fuel vehicle; and restaurants and hotels, with 1.7 percent, the rise in prices on meals outside the home. Also reported increased alcohol and snuff, with 0.6 percent; Health and Recreation and culture, both 0.5 percent; Miscellaneous goods and services, 0.4 percent; Food and non-alcoholic beverages; Furniture, household equipment and routine household maintenance and Education, with 0.1 percent. It was chosen from a total of 44 candidates, of whom 20 were foreign and 24 emplo-

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PANAMANIAN ECONOMY

PANAMA WILL GROW SIX TIMES MORE THAN IN LATIN AMERICA AND THE CARIBBEAN

Source: CEPAL

For example, production in Panama increased 5.8% in January 2015 over the same month of 2014. And this growth rate is higher than in January 2014 compared to January 2013 (4.6%), according to the Index monthly Economic Activity (IMAE). And all sectors assessed by this indicator recently published by the Comptroller General’s Office showed positive changes (fishing, transport, storage and communications, construction, mining and quarrying, financial intermediation, ho“Countries that lead the regional expansion in 2015 tels and restaurants, electricity and water, communiwill be Panama, with a rise in GDP of 6.0%, Anti- ty activities , social and personal services and trade). gua and Barbuda (5.4%) and Bolivia, Nicaragua and Dominican Republic (5.0%),” explained ECLAC. And according to the Ministry of Labor and Workforce Development (MITRADEL), 69,716 And at the sub-regional level, the United Nations new employment contracts were signed in Panaagency projects a growth rate close to zero for South ma during the first quarter of 2015, representing America, while in Central America and Mexi- an increase of 7.8% over the same period last year. co would reach 3.2% and 1.9% in the Caribbean. MITRADEL reports show that sectors that continue Among advantages that drive robust dynamism of to lead the procurement area are construction, traPanama highlighted their open, dollarized and di- de and administrative activities and support services. versified economy, its strategic geographical position, strength of its financial sector, political stabi- For ECLAC, the “main challenge now facing the lity, the Panama Canal expansion and development countries of the region to accelerate economic of the country’s logistics capabilities which see- growth rates increase public and private investment,” ks to position itself as logistics hub of the region. and before that the government of President Juan Carlos Varela, is committed to the implementaSo far this year, all indicators which measure the evo- tion of a five-year investment plan of 19 billion dolution of the national economy are aligned with the llars, of which 3,791 million dollars for the year. L&E projection of ECLAC and show very positive results. anama’s economy grew 6.2% in 2014, six times more than average growth of the countries of Latin America and the Caribbean. And according to the latest official projections of the Economic Commission for Latin America and the Caribbean (ECLAC), same trend for this year is expected that Panama will grow 6% to Latin American and Caribbean countries 1% to expand the same period.

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FASHION

Nadia Chang - Strada Eleganza rbcweb@rbc.com.pa

SOME CLOTHES OF PRESIDENTS IN THE VII SUMMIT OF THE AMERICAS PANAMA 2015 During the celebration of the VII Summit of the Americas, I gave myself the task of observing male wardrobe of presidents, in order to share with you their strengths and weaknesses. The aim was to provide my clients and readers serve as reference examples for their personal choices in choosing his clothes. And in turn highlight the importance of professional advisors when circumstances warrant. A man plays an important role, must take into account the importance of personal image as part of its projection. At protocol tradition of the host country is respected. At the 2014 summit in Cartagena de Indias, as was a tropical city, they formed a fine guayabera dress label. This was suggested by the organizers to use in academic and social Summit 2014 pledge acts, I quote this only as an example. Respect the dress-code is important because it allows uniformity (order) and solemnity to the ceremony required. However, some leaders take it into account and some not, as some have their own very distinct protocol rules and don’t adhere to the protocols of other countries.

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In this month’s article we will see some important aspects of the clothes they used some of leaders at the Summit in Panama last month. I’ll start with our president Juan Carlos Varela. It’s very common to see him always dressed very protocol in activities and attends meetings regularly in our country, so I didn’t see a big difference between what is usually used with respect to, which dressed the Summit. Always wears dark suits, either black or blue, white shirt and gray tie, but what if I noticed it was that cuts of the costumes used for the summit were more carved than those usually used, which favored him much because it looked more stylish. At first glance they

FASHION looked very good quality, very appropriate in different shades of gray ties. His dress was appropriate for each of the occasions, as was observed. President Barack Obama, as usual PERFECT!!!, his blue suits, beautifully carved, excellent quality, which is notorious for the fall with fabrics, coarse or hems of his pants with perfect length. This is a very important detail, if the length of trousers is not appropriate, It stuffs at the end and lost all the elegance. White shirts and ties in gray, blue and very appropriate ceremonial heavenly. Definitely for me was the best, I don’t know if it’s his attitude, demeanor, and security, but actually has a lot of charisma and all that set of qualities makes him look better complement and deciding set. Mr. Ban Ki Mon Korea, perfectly dressed in a dark suit, well-fitted, white shirt with a red tie orange designs, which made him look a little freshness, bypassing inappropriate, and above all, to be one of the first speakers, this accessory helped keep the attention of viewers.

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Mr. Rafael Correa with a native dress of his country and characteristic of him at official events. He wore a dark suit, a shirt with ethnic details representative of Ecuador, don’t qualify as evil or good, just right !!! Raul Castro of Cuba, despite being small and a bit chubby, the suit was fine, as it was perfectly structured body, the red tie of designs could be a subliminal message of their political orientation, dress the rate as pretty good, I liked it. For reference, commented that the tie should always be above the pants, one centimeter above. Enrique Peña Nieto had a perfect dark suit, white shirt is appropriate; however, the tie I didn’t like it, as being an act of great wingspan and file, had to use ties motifs (dots, small designs, etc) or maybe plain or toneon-tones (may have designs ever, but in a same tone color b a ck g rou n d ) , I don’t like regimental ties (striped) for such events.

FASHION Juan Manuel Santos of Colombia, at the opening ceremony was one of the few who used a light gray suit, maybe I opted for this hot knowing what our climate; but rather that he had used a dark-colored suit, either charcoal gray, blue, or black, the other details such as the shirt, notch the suit and tie color were perfect. Evo Morales of Bolivia, generally doesn’t use the traditional suits, jackets but equivalent, made of aguayo, which is an ancient, graph and multicolored materials, typical in many rugs Altiplano, vicuna wool, or baby alpaca, which have become popular internationally for this president. These costumes are quite expensive and excellent quality wool are extremely appreciated for its softness. Salvador Sanchez Ceren, from El Salvador, wore a suit and tie appropriate, however, I didn’t like the type of collar, as it was too long and tip not suited to his type of face. This is an example of the importance of having professional for those who occupy important positions advice, whether in the public or private sector, where image plays an important role. Juan Orlando Hernandez of Honduras, very cute very well structured suit, dark blue, whi-

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te shirt, but what I liked most was the tone of his bright blue tie, had noted all his clothes, and he brought a lot of light and fresh, helping to reflect that he was in a Caribbean country. Stephen Harper, Canadian Prime Minister, dark suit, perfect white shirt is right and proper, but what stood out most was the tone of mauve tie, really very elegant and appropriate for the occasion and perfect for our climate. These are just some examples of the parade of leaders who attended the Summit, as it would be very extensive note if I describe them all. Finally I want to add that for meetings and ceremonies of this type, it’is suitable to use very dark blue, black or gray suits, which are carved perfectly, not too stuck or too loose, long pants is vital to correctly look suit because if it’s too short or long enough to completely tarnish entire set, white shirts are the right and proper and what is more revealing personality, taste and elegance, is the tie that use, as our country with such a hot and humid climate, it was preferred to use colorful ties not as winter, but ceremonial, resulting in thin ties silks of excellent quality, smooth, tone-on-tone, or motifs (dots, pellets or motive but very tiny). The elegance and skill in selecting her wardrobe is part of their professional responsibility. Remember, image is part of its projection. L&E

SPORTS CAPSULE Albin Rodríguez albin.rodriguez@rbc.com.pa

FRIENDLY GAME OF EVO MORALES DURING HIS VISIT TO THE COUNTRY BY REASON OF VII SUMMIT OF THE AMERICAS

T pated tional tion other

he president of Bolivia, Evo Morales, particia friendly game against the team of the NaTrade Union of Workers of the ConstrucIndustry and Related (SUNTRACS) and participants, held at call Peoples Summit.

The match made in the synthetic field at the University of Panama, where President Morales team composed of indigenous peoples, defeated 12-2 the team of unionists led by Genaro López and Saúl Méndez, in a totally controlled by the guest team match.

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The Bolivian president, wearing shirt # 10 was the author of 4 of the 12 goals dealt the Panamanian union team. The teams were composed of members of the army of Bolivia and the Trade Union of Construction Workers and Similar (SUNTRACS), and other personalities. It’s noteworthy that President Evo Morales is a full fan of this sport, who practices every day about an hour before starting his presidential work and understand that was a tool used by him in his presidential campaign. L&E

SPORTS CAPSULE

LUIS EL NICA CONCEPCION LOSE HIS SECOND CHANCE FOR A WOERLD TITLE

he Panamanian Luis El Nica Concepción again failed in his attempt to win another world title against Mexican Carlos Cuadra, in a lawsuit by the super flyweight belt (115 pounds) World Boxing Council (WBC).

El Nica couldn’t overcome the elusive and fast Mexican fighter, who for the descent style won the victory. The judges saw win-house by cards 118-110, 117-111 and 117-111.

MAJOR PANAMANIAN

BASEBALL SEMIFINAL 2015

he 2015 Major Baseball semifinals were defined in such a way: Cocle against Chiriqui and Herrera against Panama Metro.

For these four team hasn’t been easy to reach this final stage as round 6 was pretty you fought for the teams of Bocas del Toro and Colon; the latter had in his hands to qualify for the semifinals Metro taking to team up against the wall, but unfortunately lost their last two games giving the opportunity to the metropolitan team get to the semifinal.

“El Nica ignored.” These were the words of the head of Panamanian boxer Luis Concepcion, who failed in his attempt to dethrone the undefeated Mexican Carlos Principe Cuadras on On the other hand, the Chiriquí team throughout the tournaSaturday April 4 in a bout that took place in Metepec, Mexico. ment hasn’t had problems in qualifying in the first two phases. However, we will see how it goes in this semifinal, close and competitive round since had to play against the “red wood” of Cocle team, who has a great offense and with the best pitchers in the tournament.

Also the Herreranos and Metropolitan teams are, as both worked hard to advance to this round and who had during the previous phases excellent results. Then hopefully next national baseball champion in this fierce competition for National Mayor Baseball Championship LXXII Roberto “Bobby” Prescott Cup - 2015. L&E

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CULTURAL CAPSULE Mariela de Sanjur mariela.sanjur@rbc.com.pa

Activities for May

Sports:

Theatre:

• 10K Race Walk: Route Square May 24 to benefit Special Olympics • Drag Race IV Special Edition: Guararé Airport, Los Santos, 2 and 3 May. • Urban Trail 5k and 10k, Omar Torrijos Recreational Park, May 10 • LPF day, Clausura 2015 May 9, Estadio Rommel Fernandez • Ultimate Combat Challenge24, May 15 at the Arena Roberto Duran.

• Colegio San Agustin theater: ANNIE THE MUSICAL 14 to May 17 • The Station theater: The Dinner Game from 26 to 31 May • The Station theater: Are you there? Until May 10 • La Huaca-Atlapa theater: Switch on 16 and 17 May • La Quadra theater: To each his own theme until May 3 • ABA theater: Frozen until June 28 • ABA theater: Feature hysterical until May 3 • Theatre Bar: Open until May 27 Couple • Circle Theatre: The Snow Queen from 7 to May 31 • National Theatre: Romeo and Juliet 13 to May 17 • Teatro Anita Villalaz Theatre : When the Talk Rio from 28 to 30 May • Inida Theater: The Vagina Monologues 6 to May 23

Festivales: • Mango Festival from 14 to 17 May in Rio Hato. • IX Festival Alfredo de Saint Malo - City of Knowledge Ateneo May 27 to June 7 Fairs: • Azuero International Fair, Los Santos from April 23 until May 3

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Museums and Exhibitions: • Contemporary Art Museum: o “The Collector” A passion city until May 24 o “Creole Albrook 2014-2015. Return “of Aristides Ureña since May 6 o “From Canrol, of the setting and the monkeys” Jaime Justiniani, photographic installation outdoors on the sidewalk afroantillana until 30 April. • Interoceanic Canal Museum: o 6 and May 8 at 10:00 am Conversation “Museums for a Sustainable Society”, how to recycle in your community, the import of recycled into the economic life of society. o May 17, 9:00 a.m. to 3:00 pm Children MUCI Guides/ artistic presentation

CULTURAL CAPSULE o May 21, 10:00 pm Discussion “Geological Formations Panama Canal Pacific Sector” o May 27, 10:00 pm Discussion “Museums for a Sustainable Society,” the reality of Museums in Panama

Duran. • MAC: Adults Workshop “The naked eye” that will be taught by artist Abdon Bonache Saturday 2, 9 and 16 May.

o May 29, 7:00 pm theater Presentation Amarillo Mystery

Concerts and performances:

• Amador Theater, will be every Friday night Latin music with Dizzfruta • Joaquin Sabina in Concert: “500 nights for a crisis” Thursday, May 28 at the Atlapa Anayansi Theatre. • Panama Salsa Congress from 28 to May 31 at the Convention Center Vasco Nunez de Balboa. • GENTLEMAN, Saturday May 30, Figali Parking Lot • Tribute to the band Soda Stereo Stereo in Argentina Ozone Bits 62 Floor Hard Rock Hotel, Saturday, May 23 • Night of Humor with Emilio Lovera, Hotel Riu on May 23

Seminars, conferences, courses and Expo: • Seafood Expo 2015: May 16 Hotel El Panama, Centennial Hall • International Arbitration Congress 17 to 19 May at the Hotel Panama • Marketing Trends & Innovation EXPO 2015, 21 to 22 May Hotel Riu Plaza Panama. • Early Stimulation Workshop through the Circus: Children and parents in the Red Room, 5th Street Casco Antiguo. • First National Encounter for Education on Values, Carlos Cuauhtemoc Sanchez, May 30 at the Arena Roberto

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Activities and festivities: • May 1 Labor Day • May 5 Polvorin Memorial (1914), firefighters pay tribute with a parade that starts at Plaza May 5 to commemorate the 101 years of this fire. • May 10 International Day of Mother • May 15 International Day of Families • May 17: Day Count • May 17: National Day of recycling. • May 18: International Museum Day. • May 18: Braids Day • May 21: Day of Health • May 30: Memorial Day Civic and National Black Ethnicity.

L&E

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Rivera, BolĂvar y CastaĂąedas

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