Panama: 1) Current situation since departure of Noriega 2) Information on the dismantling of the army and the "civil militia" 3) Is there still a risk of persecution?

The Current Situation

The current government came to power after the U.S. invaded Panama on 20 December in a move to depose the then ruling General Manuel Noriega. It consists of a President, Guillermo Endara, and two Vice-presidents. Ricardo Arias Calderon is the 1st Vice-president, while Guillermo Ford is the 2nd Vice-president. Calderon is also Minister of Government and Justice, while Ford is the Minister of Economic Policy. The new government reflects the results of the May 1989 election, which was annulled by Noriega. The Electoral Tribunal President, who recently resigned over her conduct during the 1984 and 1989 elections, reversed her May 1989 decision after the U.S. invasion and declared the original results valid. ["Electoral Tribunal President Pulice Resigns," Acan [Panama City], (FBIS-LAT-90-090), 9 May 1990, p. 33.]

After Noriega gained power, Panama was expelled from the so-called Group of Eight, which in turn became the Rio Group, consisting of Mexico, Argentina, Brazil, Colombia, Venezuela, Peru, and Uruguay. It has recently called for a referendum to legitimize the current Panamanian government. This met with widespread opposition within Panama, as many pointed out that the current government was legitimately elected in May 1989. ["Further Editorial on Rio Group Election Demand," El Panama America [Panama City], (FBIS-LAT-90-073), 16 April 1990, pp. 26-7; "Civic Crusade on Rio Group's Statements," La Prensa [Panama City], (FBIS-LAT-90-072), 13 April 1990, pp. 27; "Rio Group Demand for New Elections Analyzed," El Panama America [Panama City], (FBIS-LAT-90-072), 13 April 1990, pp. 27.] The Rio Group's suggestion was, however, supported by the Democratic Revolutionary Party (PRD), which supported Noriega while he was in power. The PRD is still represented in the Panamanian National Assembly with 7 of the Assembly's 58 seats. ["Arias Asks for `Mutual Loyalty' Within ADOC," Panama City Telemetro Television, (FBIS-LAT-90-093), 14 May 1990, p. 38; "PRD Leader Calls for Transition Government," Acan [Panama City], (FBIS-LAT-90-092), 11 May 1990, p. 36; "PRD Party Communique on Group of Rio Results," La Estrela [Panama City], FBIS-LAT-90-071), 12 April 1990, pp. 13.]

A paramilitary group known as M-20 has surfaced and has claimed responsibility for recent kidnappings and bombings. In one such incident, a U.S. soldier was killed. According to a 16 April report in El Panama America, 200 members of M-20 had conducted a meeting early in April. ["Attentat anti-Yankee à Panama," Libération [Paris], 5 March 1990; "M-20 Group Threatens Government Official," El Panama America [Panama City], FBIS-LAT-90-074), 17 April 1990, p. 18; "Claims Attack on PA Offices," El Panama America [Panama City], (FBIS-LAT-90-098), 21 May 1990, p. 37.] In March, the government had a colour scale to assess the stability of regions within the country. At that time, it had designated the regions on the Costa Rican border and around the port of Vacamonte as "red" for most unstable. ["Attentat anti-Yankee à Panama," Libération [Paris], 5 March 1990.]

The Panamanian Public Forces

As explained by President Endara in a letter to La Prensa, the Public Forces (PF) were created by Cabinet decree on 17 February 1990, to replace the Panama Defence Force (PDF). The PF consists of four sections: National Police, National Air Service, National Maritime Service, and Institutional Protection System (IPS). The PDF had been abolished by a presidential order, which was approved by the Cabinet, on 11 February. At the same time, the Panamanian National Assembly adopted a law to regulate the Public Forces. ["Le Panama abolit son armée," Libération [Paris], 12 February 1990; "Panama: abolition de l'armée," Le Monde [Paris], 13 February 1990; "President Sends `Letter to the Editor' on SPI," La Prensa [Panama City], (FBIS-LAT-90-091), 10 May 1990, p. 40.] In fact, at least two articles point to the de facto existence of the PF very soon after the U.S. invasion. [Denis Hautin-Guiraut," Démilitariser l'administration est l'une des priorités du nouveau gouvernement," Le Monde [Paris], 29 December 1989; Linda Hossie, "Troops in Panama Facing Lengthy Stay," The Globe and Mail, 6 January 1990, p. A1.]

On 25 April, President Endara announced that parliament would consider a constitutional amendment, similar to that which exists in the Costa Rican Constitution, which would abolish the Army. This amendment would be referred to a national referendum by January 1991. ["Endara Announces Reform To Abolish Army," Acan [Panama City], FBIS-LAT-90-082), 27 April 1990, p. 9.]

This move has not eliminated concern over the nature of the PF. A 7 May article in El Siglo states that 80 percent of the members of the former PDF have been incorporated into the PF. It adds that, "no [PDF] member has turned into a rabbit considering they have had 21 years of indoctrination." In light of this, a 30 April article in La Prensa expresses the view that one cannot turn "military personnel humiliated by defeat into policemen that respect the laws and rights of citizens." This article also recounts an incident involving the Attorney General. On a recent visit to the main Panama City police station, he saw a former PDF captain who was supposed to be in detention, roaming the corridors freely. ["La Prensa Criticizes Trust of Public Force," La Prensa [Panama City], (FBIS-LAT-90-084), 1 May 1990, p. 32; "Resignation of Public Force Officers Predicted," El Siglo [Panama City], (FBIS-LAT-90-091), 10 May 1990, p. 42.] Perhaps in response to such concern, on 9 May, the National Assembly created an ad hoc parliamentary committee to oversee the functioning of the PF. ["Legislators Approve Committee To Analyze FP," El Panama America, (FBIS-LAT-90-093), 14 May 1990, p. 41.]

Concern has also focused on the IPS, which a 14 May report in El Periódico describes as a unit similar to the Dignity Battalions, Noriega's personal guard unit. In his letter to La Prensa, President Endara dismissed such a notion, but did concede that the IPS could function as a secret service. ["Paramilitary Groups `Trained' on U.S. Base," El Periódico [Panama City], (FBIS-LAT-90-098), 21 May 1990, p. 38; "President Sends `Letter to the Editor'".]

The General Human Rights Situation

Americas Watch has recently published a report on the new government in Panama. In that report, it states that the Endara government "is prosecuting a large number of people who worked under Noriega in what seems to be acts of revenge that are doubtful under the international principles of respect for human rights....It looks like a political purge to keep many people in jail just because they worked for Noriega...." ["Endara Rejects Group's Human Rights Charges," Acan [Panama City], (FBIS-LAT-90-091), 10 May 1990, p. 39.] In addition, on 6 February, the Central American Human Rights Commission published a news release after a fact-finding tour in Panama, alleging that civilian deaths resulting from the U.S. invasion were 3000, "not the 200 being reported by the USA government." It also mentioned a "widespread witch-hunt against opposition parties, churches, union, students, and human rights workers," adding that those dismissed from work had no recourse to an appeal procedure. [Central American Human Rights Commission, "General Findings," 6 February 1990.] On 15 March, the Boston-based Physicians for Human Rights contested CODEHUCA's report on civilian casualties, stating that in its view, there were just over 300 such deaths as a result of the invasion. [William Branigin, "Rights Panel Questions Panama Toll," The Washington Post, 16 March 1990, p. A40.]

For its part, the Endara government has been criticized by at least one Panamanian newspaper for considering the establishment of a Reconciliation Commission, which would be empowered to pardon officials under Noriega who face charges such as murder and abuse of authority. ["Editorial Opposes Pardons for Former Officials," Critica Libre [Panama City], (FBIS-LAT-90-064), 3 April 1990, p. 16.] Some are concerned about the presence of "Noriega supporters" still in the Foreign Ministry, and a 16 May report in El Siglo states that Foreign Minister Linares was "expected to clean up the [ministry] in the next few days." ["Noriega Followers Reportedly in Foreign Ministry," El Siglo [Panama City], (FBIS-LAT-90-097), 18 May 1990, p. 14.]

In the area of press and media freedoms, it is clear from the above and from other articles, that the Panamanian press is relatively free to criticize the current government. [Two more such articles are "Newspaper Criticizes Endara's First 100 Days," Primera Plana [Panama City], (FBIS-LAT-90-064), 3 April 1990, p. 16; "Editorial Opposes Pardons for Former Officials," Critica Libre [Panama City], (FBIS-LAT-90-064), 3 April 1990, p. 16.] Under Noriega, a number of radio and television stations were run by government officials and the military. A 9 February report in The Globe and Mail indicates that many were by then under the administration of public trustees. On 11 May, the Media Director within the Ministry of Government and Justice announced that 28 AM and FM radio frequencies would be cancelled. While he did not provide specifics, he hinted that these were radio stations formerly run by Noriega supporters. [Gwen Smith, "Press Freedom in Panama: New and Wonderful Experience," The Globe and Mail [Toronto], 9 February 1990, p.A7; "Government Ministry Revokes 28 Radio Frequencies," Critica Libre [Panama City], (FBIS-LAT-90-095), 16 May 1990, p.14.]

Regarding the judiciary, a 9 February article in the Globe and Mail quotes Vice-president Calderon as stating that "We just named the [new] Supreme Court and we are working on getting the lower courts running." In early May, El Siglo made critical remarks about the current court system, stating that judicial officials will remain subservient to politicians as long as they are appointed by the latter. ["Column Criticizes Dismissals of Investigators," El Siglo [Panama City], (FBIS-LAT-90-094), 15 May 1990, p.21.]

Article 169 of the Penal Code forbids the recording of someone's conversation without the consent of the person who is being recorded. On 9 May, a special prosecutor was suspended pending an investigation that he taped conversations of the Attorney General. ["Penal Code Cited on Miranda Case Recording," Circuito RPC [Panama City], (FBIS-LAT-90-093), 14 May 1990, p. 42.]

A number of charges and arrests have been made since the U.S. invasion. According to an official U.S. military statement of 11 January, about 4,400 prisoners, mostly members of the PDF or suspected members of the Dignity Battalions, were being held by U.S. forces in Panama. Arrests have also included high-level officials. The New York Times reported on 12 January, that troops were using a "blacklist" compiled by the CIA to make some arrests. On 12 January, La Prensa reported that the Attorney General had brought charges against 50 former officials of the Noriega government. On 16 May, the Deputy Chief of the National Police, Aristides Valdonedo, was arrested for his role in closing down newspapers and radio stations between 1986 and 1988. [Mark A. Uhlig, "In Rural Panama, Hard Questions Remain About Who's in Charge," The New York Times, 12 January 1990; "Noriega's Spouse is Charged," The Globe and Mail [Toronto], 13 January 1990, p. A10; "Core of Noriega Regime Falls to Sledge Hammers," The Globe and Mail, 12 January 1990, p. A13; "Further on Police Official's Dismissal," La Prensa [Panama City], (FBIS-LAT-90-097), 18 May 1990, p. 15.]