A/HRC/59/49/Add.2
66.
The Special Rapporteur recommends that Panama guarantee the presence of
the National Office for Refugee Affairs at key points along the transit route of
migrants. The Special Rapporteur recommends that Panama consider applying the
expanded definition of refugees under the Cartagena Declaration in its domestic
refugee law, as has already been done by most countries in the region.
67.
To address the phenomenon of the disappearance of migrants, cooperation with
Colombia and other countries in the region should be strengthened to promote the
search for missing migrants and investigations into their disappearance with a
regional perspective. The Special Rapporteur calls on Panama to redouble efforts to
prevent and investigate the disappearance of migrants and prosecute those
responsible, and to create a collaborative mechanism with Colombia for cross-border
search for disappeared migrants in the Darién region.
68.
Panama should ensure that the relatives and close contacts of missing persons,
whether in the country or abroad, have the possibility of obtaining information and
participating in investigations and searches.
69.
There is no safe path through the Darién region. When conducting strategic
planning and identifying alternative migratory routes to Colombia, primary
consideration should be given to ensuring the safety and dignity of people and
preventing perilous journeys. Maritime routes that lack safety, security and reliable
transit through countries may increase the risk of death or disappearance and must
be avoided. Finding a sustainable solution and taking joint responsibility is key.
70.
Protection of the human rights of unaccompanied and separated children
remains a priority. Panama should disseminate and implement, across all relevant
institutions, the Inter-Agency Guiding Principles on Unaccompanied and Separated
Children in the context of mixed movements in the country.
71.
It is essential to ensure the presence of child protection entities – including
State entities, in particular the National Secretariat for Children, Adolescents and the
Family, and those of the United Nations and civil society – in all migrant reception
centres to verify family ties, avoid family separation, analyse cases involving families
of various nationalities and ensure that procedures are conducted in the best interests
of the child. Children, including those travelling with their families, should never be
subjected to detention owing merely to their migration status or to that of their
parents or guardians.
72.
The importance of ensuring adequate presence of child protection entities is
particularly relevant in the context of processes for the return, deportation, expulsion
and repatriation of migrants, including deportations under the memorandum of
understanding signed between Panama and the United States, through which Panama
has been receiving deportation flights, transporting third-country nationals, from the
United States, in order to send them back to their countries of origin.
73.
The Special Rapporteur calls on Panama to ensure transparency with regard to
such deportation arrangements, and to share information with the relevant
United Nations agencies and the Ombudsperson’s Office on the profile of the
individuals concerned and the action taken in their cases. Due process should be
ensured and procedural safeguards put in place. Panama should grant the relevant
United Nations agencies and the Ombudsperson’s Office access to any and all facilities
to be used in the processes, such as hotels, airports and migrant reception centres,
including the centre in San Vicente. Their presence is essential to identify protection
needs, ensure accountability and strengthen safeguards. In addition, the presence of
the National Office for Refugee Affairs is crucial to guarantee access to asylum for
these individuals.
74.
In relation to the suspension of aid by the United States, the Special Rapporteur
calls on Panama to negotiate with the United States to secure waivers with regard to
the pause in foreign assistance, and to ensure that such waivers are broad enough to
enable United Nations agencies and civil society organizations to extend services to all
migrants and refugees, without discrimination. In this context, granting access to
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