Freedom in the World 2017 - Panama

Year: 
2017
Freedom Status: 
Free
Political Rights: 
2
Civil Liberties: 
2
Aggregate Score: 
83
Freedom Rating: 
2.0
Overview: 

Panama’s political institutions are democratic, with competitive elections and orderly rotations of power. Freedoms of expression and association are generally respected. However, corruption and impunity are serious challenges, affecting the police, the judiciary, and the highest levels of government. Discrimination against darker-skinned Panamanians is common, and indigenous groups have struggled to uphold their substantial legal rights with respect to land and development projects.

Key Developments in 2016: 
  • Two prominent members of a committee established to examine malfeasance in Panama’s financial system resigned in August, citing government obstruction
  • In September, the government requested the extradition of former president Ricardo Martinelli from the United States amid multiple ongoing investigations into corruption linked to his administration.
  • A Dutch journalist was detained for over a month on a 2012 defamation conviction before being released by presidential decree in December. 
Executive Summary: 

Panama’s authorities continued to grapple with corruption in government and the private sector in 2016. More than 200 investigations were under way into wrongdoing linked to the administration of former president Martinelli, who had fled to the United States in 2015. The Supreme Court ordered his detention late that year, and in September 2016 Panama requested his extradition.

The Panama Papers, a trove of documents leaked from a Panama-based law firm and unveiled by media organizations in April 2016, provided further evidence of the country’s role in a global network of money laundering and other hidden financial dealings. That month, President Juan Carlos Varela created an independent committee to evaluate the financial system, but two prominent members resigned in August, accusing the government of restricting the scope of their work and failing to guarantee that their findings would be made public.

Independent or critical journalists reportedly faced editorial pressure from the government during the year. Both public officials and private businessmen regularly bring defamation cases against the media. In November, Dutch journalist Okke Ornstein was detained over a 2012 defamation conviction in a case filed by a Canadian businessman. He had been sentenced to 20 months in prison, though authorities had made no attempt to arrest him before. Following objections from press freedom groups and Dutch diplomats, President Varela signed a decree that enabled Ornstein’s release in late December.

The number of recorded homicides declined to 374 in 2016, from 434 in 2015. However, the prison population was at 121 percent of intended capacity, with pretrial detainees accounting for a majority of the total. The overall incarceration rate remains one of the highest in the world at more than 420 per 100,000 inhabitants.

A dispute between the government and indigenous communities over a hydroelectric dam project continued in 2016, prompting a series of demonstrations and the arrest of some protest leaders. A negotiated agreement was rejected by an indigenous congress in September, but a pair of Supreme Court rulings in December favored the project, and flooding of land above the dam was under way at year’s end.

Political Rights

Political Rights 35 / 40

A. Electoral Process 12 / 12

A1. Is the head of government or other chief national authority elected through free and fair elections?
A2. Are the national legislative representatives elected through free and fair elections?
A3. Are the electoral laws and framework fair?

  

B. Political Pluralism and Participation 15 / 16

B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system open to the rise and fall of these competing parties or groupings?
B2. Is there a significant opposition vote and a realistic opportunity for the opposition to increase its support or gain power through elections?
B3. Are the people’s political choices free from domination by the military, foreign powers, totalitarian parties, religious hierarchies, economic oligarchies, or any other powerful group?
B4. Do cultural, ethnic, religious, or other minority groups have full political rights and electoral opportunities?

  

C. Functioning of Government 8 / 12

C1. Do the freely elected head of government and national legislative representatives determine the policies of the government?
C2. Is the government free from pervasive corruption?
C3. Is the government accountable to the electorate between elections, and does it operate with openness and transparency?

  

Civil Liberties

Civil Liberties 48 / 60

D. Freedom of Expression and Belief 15 / 16

D1. Are there free and independent media and other forms of cultural expression?
D2. Are religious institutions and communities free to practice their faith and express themselves in public and private?
D3. Is there academic freedom, and is the educational system free of extensive political indoctrination?
D4. Is there open and free private discussion?

  

E. Associational and Organizational Rights 11 / 12

E1. Is there freedom of assembly, demonstration, and open public discussion?
E2. Is there freedom for nongovernmental organizations?
E3. Are there free trade unions and peasant organizations or equivalents, and is there effective collective bargaining? Are there free professional and other private organizations?

  

F. Rule of Law 10 / 16

F1. Is there an independent judiciary?
F2. Does the rule of law prevail in civil and criminal matters? Are police under direct civilian control?
F3. Is there protection from political terror, unjustified imprisonment, exile, or torture, whether by groups that support or oppose the system? Is there freedom from war and insurgencies?
F4. Do laws, policies, and practices guarantee equal treatment of various segments of the population?

  

G. Personal Autonomy and Individual Rights 12 / 16

G1. Do individuals enjoy freedom of travel or choice of residence, employment, or institution of higher education?
G2. Do individuals have the right to own property and establish private businesses? Is private business activity unduly influenced by government officials, the security forces, political parties/organizations, or organized crime?
G3. Are there personal social freedoms, including gender equality, choice of marriage partners, and size of family?
G4. Is there equality of opportunity and the absence of economic exploitation?

  

Scoring Key: X / Y (Z)
X = Score Received
Y = Best Possible Score
Z = Change from Previous Year

Full Methodology

Explanatory Note: 

This country report has been abridged for Freedom in the World 2017. For background information on political rights and civil liberties in Panama, see Freedom in the World 2016.