Panama Supreme Court: Mega Mining Contract Unconstitutional
By Circles Robinson
HAVANA TIMES – After five weeks of continuous protests, the Mega Mining Contract to First Quantum minerals of Canada was declared unconstitutional on Tuesday morning by the Panamanian Supreme Court.
The plenary session of the Supreme Court unanimously declared unconstitutional Law 406 of October 20, 2023, which approved the mining concession contract entered into between the State and Minera Panama, a subsidiary of First Quantum.
“As president of the Supreme Court, I inform the country that the judges who make up the plenary session have unanimously decided to declare the entire Law 406 of October 20, 2023 unconstitutional. The above means that the aforementioned law is expelled from the system regulations that govern the country. We have instructed the secretary general to, in accordance with the Judicial Code, proceed to make the corresponding notifications. Once the sentence is enforceable, it will immediately be sent for publication in the Official Gazette,” said Judge López Arias.
The nine judges of the Supreme Court had declared themselves in permanent session last Friday, November 24, to analyze two of the lawsuits filed against the contract law. These were the lawsuits filed by lawyers Juan Ramon Sevillano and Martita Cornejo Robles.
Environmentalists, teachers, construction workers, artists, farmers, students, indigenous groups, lawyers, academics, among others, held lively vigils in front of the Supreme Court in Panama City to demand the the contract be declared unconstitutional. Likewise, intermittent roadblocks were maintained in numerous key points of the country.
First Quantum has already threatened to take Panama to international arbitration over an annulling of its highly lucrative concessions, including the largest open pit copper mine in Central America located in a biological corridor.
As the protests wore on, some businesspeople and frustrated citizens criticized the roadblocks, but the different organizations held fast considering the partial paralyzation of the country the only way to show their total opposition to the contract railroaded through the National Assembly on October 20th and immediately signed by President Lauretano Cortizo.
After the announcement from the Supreme Court, one of the first to express his opinion, the plaintiff lawyer, Juan Ramon Sevillano, who presented the first legal action before the highest body of justice in the country a little over a month ago.
“Now there is democracy in Panama, the corrupt, politicians and businessmen are no longer going to rule. A world precedent is set, the people have ruled in this country and that is a message for other countries…,” the Panamanian lawyer noted with joy.
Martita Cornejo, who was another of the plaintiff lawyers, “This struggle and decision obtained in just over a month has given results, because of the Panamanian people in the streets. The Panamanian people have risen up to guarantee our territory and sovereignty, over the political interests and corruption that betrayed our homeland, through a contract where they looked after the interests of a transnational company. I feel extremely satisfied, this is the triumph of the Panamanian people over corruption,” she stated.
Now the parties must be officially notified of the Supreme Court decision, which by coincidence came on the anniversary of Panamanian independence from Spain in 1821.
For more background on the protests against the mining contract visit these articles:
Mining Contract Protests Havana Panama at a Near Standstill
Panama President Calls a Referendum Seeking to End Protests