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establishing a mechanism within the criminal justice system to address complaints of
sexual and gender-based violence against migrant and refugee women and girls,
recognizing all types of sexual and gender-based violence, in accordance with the
Penal Code.
60.
The Attorney General and public prosecutors should, as a matter of priority,
address the issue of impunity for crimes committed in the jungle, and ensure that
suspected perpetrators are brought to justice. In doing so, they should work with the
relevant authorities and Indigenous community leaders. Awareness-raising campaigns
should be conducted in local communities to enhance understanding of the seriousness
of these crimes. In the meantime, measures should be taken within the local
communities to ensure the safety of migrants and refugees and the non-recurrence of
crimes, especially sexual and gender-based violence. In this regard, the National
Border Service could enhance patrols in areas where reported incidents have
occurred. The Special Rapporteur encourages Panama to adopt and implement a
protocol on access to justice for migrants and refugee victims of all types of crimes in
the jungle and in the migration corridor, integrating technical cooperation with
OHCHR for its implementation.
61.
Given the challenges in providing effective protection and ensuring the safety of
women and girls on the move, Panama should consider increasing the presence of
female officers in the National Border Service, the National Migration Service and the
Public Prosecutor’s Office, especially in outposts in the communities.
62.
Panama should strengthen technical capacities with regard to gender,
particularly the prevention of gender-based violence against women, girls and
LGBTIQ+ individuals, within the National Border Service and the National Migration
Service, and promote the establishment of a unit specialized in the prevention and
management of gender-based violence that coordinates action with the Ministry for
Women. It is also imperative to enhance cross-border collaboration among
neighbouring and other States in the region. In this regard, the Special Rapporteur
invites Panama to consult the OHCHR Recommended Principles and Guidelines on
Human Rights at International Borders.
63.
In the context of biometric screening processes, the Special Rapporteur
recommends that Panama uphold the rights to privacy and data protection and
guarantee rigorous safeguards in the collection, processing and storing of data at
borders, particularly biometric data, ensuring that such action is necessary and
proportionate to a legitimate aim and that the data are obtained lawfully, are accurate
and up to date, are stored for a limited period of time and are disposed of safely and
securely.
64.
Considering that the context of mixed movement in Panama is more complex
than ever – in addition to the continuation of mixed movement from south to north,
Panama is now receiving returning migrant and refugee populations, and deportation
flights under the memorandum of understanding with the United States – it is crucial
that Panama adjust its asylum system and migration policies to the new realities and
reinforce protection mechanisms, in accordance with its human rights obligations,
including the principle of non-refoulement.
65.
Many individuals in mixed movements need international refugee and human
rights protection and/or humanitarian assistance. To fulfil its obligations under
international human rights and refugee laws and to show solidarity with countries in
the region facing similar challenges, Panama should address the protection needs of
such individuals. Measures to be taken include enhancing the efficiency of its asylum
system and screening individuals with vulnerabilities to assess whether to extend
humanitarian visas or other legal stay arrangements or arrange humanitarian returns
on the basis of fully informed consent and on a voluntary basis, without any form of
coercion.
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