A/HRC/59/49/Add.2
facilitating orderly, safe, regular and responsible migration and mobility of people,
including through the implementation of planned and well-managed migration policies.
Panama was not present during the voting on the Global Compact for Migration, but
subsequently informed the Secretariat that it had intended to vote in favour. 1 Panama voted
in favour of the Global Compact on Refugees.2 Panama serves as a “champion country” for
the implementation of the Global Compact for Migration.
B.
Regional legal framework and relevant proceedings
13.
Panama is a founding member of the Organization of American States (OAS),
created in 1948. With the members of OAS, Panama adopted the American Declaration on
the Rights and Duties of Man and is subject to the decisions of the Inter-American
Commission on Human Rights and the jurisprudence of the Inter-American Court of
Human Rights. In the context of migration, the Inter-American Court has developed
guidelines on the rights of migrants, establishing, among other principles, the prohibition of
criminalization of irregular migration and the right not to be arbitrarily expelled. Panama
has ratified the American Convention on Human Rights and the Additional Protocols
thereto, and the Inter-American Convention on International Traffic in Minors.
14.
Panama is a State Party to the Cartagena Declaration on Refugees, which broadens
the definition of refugees in Latin America to include persons fleeing generalized violence,
massive human rights violations and other circumstances that seriously disturb public order.
15.
Panama participates in various forums and initiatives that seek to coordinate
responses to migration challenges and opportunities, including hosting the Central
American Conference of the Human Rights Initiative in 2024 and participating in the
Regional Conference on Migration, the Los Angeles Declaration on Migration and
Protection, the Ibero-American Forum on Migration and Development and the Quito
Process. Since 2021, it has been part of a working group on gender-based violence,
organized by the Office of the United Nations High Commissioner for Refugees, which
promotes public policies that are sensitive to gender, children and refuge populations.
C.
National legal, policy and institutional framework and recent progress
1.
National legislation on migration
16.
Under article 17 of the Constitution of Panama, adopted on 11 October 1972, the
State authorities are established for the purpose of protecting the lives, honour and property
of all nationals, wherever they may be, and of foreigners under its jurisdiction, ensuring the
effectiveness of individual and social rights and duties, and observing and enforcing the
Constitution and the law. Under article 19, the Constitution provides that there must be no
privileges or discrimination on the basis of race, birth, disability, social class, gender,
religion or political beliefs.
17.
Executive Decree No. 5 of 16 January 2018 provides for the widest possible
enjoyment of international and regional human rights standards for those who invoke
refugee status upon entering the country and for refugees.
18.
Executive Decree No. 23 of 10 February 1998 defines the procedure for the
recognition of refugee status and regulates the rights and duties of persons with refugee
status.
19.
Act No. 458 of 3 December 2024, amending Act No. 79 of 9 November 2011, on
trafficking in persons and related activities, provides for the prevention, investigation and
criminalization of all forms of trafficking in persons and related activities, national or
transnational, including in relation to organized crime, and for the care and protection of
victims of such crimes.
1
2
4
See A/73/PV.60.
See A/73/PV.55.
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