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Jackson, Felling the toxic tree and letting the chips fall where they may

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Henrye et al
Folks from El Kolectivo putting on a guerrilla theater performance at a march in which people from some of the groups they denigrate were participants. They didn’t shut up about unpleasant truths but they also didn’t abstain when the nation called upon them to act. Photo by Eric Jackson.

Panama is what we have in common

by Eric Jackson

The other day I marched in a crowd that included a few folks whom I consider reprehensible. With the great majority of the people who marched I have some serious political disagreements. Do the differences matter?

In certain times and circumstances they will. Former legislator Teresita Yaniz de Arias and I have very different ideas about economics and those will spill over into considerations like foreign policy. But when it comes to getting serious about public corruption, or men’s use of violence to control the lives of women, we are on the same page. I will not much agree with Alvin Weeden about how to characterize the life and times of Arnulfo Arias or the nature of Arnulfismo and its evolution, but we both consider the implantation of Odebrecht as the tree whose roots keep the political caste from eroding into nothing as an historic catastrophe for Panama.

This former lawyer thinks that attorneys take too damned much from Panama, to the extent that it’s bad for business. Yet there I was, parading in a crowd convened mainly by lawyers and with many lawyers in the crowd. We can argue about whether lawyers should be needed for ordinary immigration procedures or whether an individual should be able to formalize his or her occupational status by filing an inexpensive certificate of doing business under an assumed name without need of a lawyer to file it. There will be plenty of occasions for this, but never to the exclusion of our agreement that government by bribery is a poisoned tree whose toxic fruit sicken all strata of Panamanian society.

Were there some very wealthy people in that crowd, and a lot of reasonably well off professionals and small business owners? Certainly there were. Also, some low-paid professionals from the teachers’ unions, PanCanal workers, brewers, bakers and bureaucrats of the barely compensated and usually ignored kind. Some of the leftists who weren’t there derided the labor participation as that of the “most revisionist” unions and asserted some of the arguments that Karl Marx made amidst the workers’ uprisings that came to a head in Europe in 1848 as inflexible rules. (As if, a generation later, Marx didn’t lend his critical support to a US government led by a railroad lawyer, one Abraham Lincoln, both by mobilizing German-Americans for the Union cause in the Civil War and by campaigning to prevent British recognition of and aid to the Confederacy.)

So the nation’s most important labor union, the construction workers’ SUNTRACS, was not there. Its leaders criticized the presence of the xenophobic demagogue legislator Zulay Rodríguez and cited that as one of the proofs of how messed up the crowd was. But understand a few things. First, Odebrecht’s sudden departure from Panama could throw a lot of SUNTRACS members out of work. The Brazilian conglomerate is above all a construction company and although its activities in Panama have included money laundering and the concealment of records from Brazilian authorities, most of what Odebrecht does in Panama is construction and SUNTRACS represents the people who do that work. Second, while one faction of Panama’s communists were in the march, SUNTRACS has leaders from the other main branch of that tradition, the November 29th National Liberation Movement (MLN-29). That organization traditionally does not participate in anything that it does not control.

And what about Zulay? She was not one of the people who called, organized or endorsed the march. Along the parade route she inserted herself into the front line of protesters, along with two or three acolytes. The next day she was in legislative committee session, working to revive legislation that was in part the reason for the January 25 protest. The woman’s an opportunist and no credible news medium swallowed the bait and portrayed her as the leader of the anti-corruption protest or movement. Moreover, if the anti-corruption movement comes to full boil and the records of all public officials are called into question, Zulay is going to be embarrassed when people start asking about the times when whe was a judge.

Let’s get real about the power of organized labor. As a political and social force it’s largely marginalized in Panama. But due to its unique position, SUNTRACS could shut down Odebrecht’s operations in this country in an instant. But the leaders must be quite cautious about any move that could take away the jobs of rank-and-file members. Those who would call Saúl Méndez and Genaro López totalitarians, or destroyers of business, ignore history. They maintain the support of workers who are not communists — who in some cases are religious conservatives — but who want a hardcore commie to talk to the boss for them. They get re-elected to their posts as labor leaders because they’re loyal to the rank-and-file and are in close touch with their needs and aspirations. SUNTRACS survives because its leaders are quite astute about what the market will bear and tend settle their contracts accordingly. Even if the construction workers’ union stays away from other people’s marches, acting apart they could strike some staggering blows against the systemic corruption that the Odebrecht scandals represent. If they decide to do so, of course.

To move a divided society toward an effective response to a national emergency, people who don’t necessarily like one another have to agree to disagree and join forces to deal with the issue at hand. This time it’s not about our wish lists, ideologies or friendships. It’s about Panama. It’s about a chronic Panamanian illness that has worsened to approach critical condition. It’s about a public and private affairs lifestyle disease, commonly called “juega vivo,” which has afflicted all of the registered political parties and many persons and institutions in both the public and private sectors. It’s about a company whose corrupting influence has tainted the current administration and the two governments preceding it.

We need to know who took Odebrecht money, both as outright bribes and in the form of campaign contributions. We need to expel that company and those who took its money from Panamanian public life.

Time to chop down that toxic tree, and let the chips fall where they may.

 

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Citizens Against Impunity, The January 25 demonstration and beyond

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next demo

The January 25 demonstration and beyond

by Citizens Against Impunity

The citizen participation in the rally and march convened by the Citizens Against Impunity was broad, determined and expressive of the growing discontent that exists in light of the corruption promoted by Odebrecht and its local associates.

As is expected, there has been a desire to disqualify and discredit citizens’ participation against the prevailing impunity, and thus avoid the necessary transparency and rendering of accounts by those authorities obliged to do by to the citizenry. The cry for justice is reborn at the national level and will be silenced by neither ominous and divisive voices nor by governmental juggling of distractions and demagoguery.

Panama demands the immediate exit of Odebrecht and its bribers from the country, with the guarantee of job security for those Panamanians who work for that bribing company.

Panama cries out for the whole truth, whoever may fall, of all the corruption promoted by Odebrecht from its arrival in this country in 2006 until now.

Panama repudiates selective justice and the deception that would have us believe that only a small group of functionaries have been involved in the acts of corruption.

Panama demands the creation of a judicial commission against corruption and impunity, with the participation of independent Panamanian citizens with sufficient moral authority to begin the investigations that may arise.

We call upon all compatriots, without distinction, to join in this movement in defense of our rights and our funds, to unite against this terrible larceny that has been perpetrated against the Panamanian people.

 

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Arreaga: O palma aceitera, o salvar Matusagaratí

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swamp
El humedal Matusagaratí. Foto por MiAmbiente.

O palma aceitera, o salvar Matusagaratí

por Ligia Arreaga

Darienitas, agricultores, pe scadores y ambientalistas exigen a las autoridades competentes se recuperen miles de hectáreas del humedal-laguna Matusagaratí que vienen siendo desaguadas desde el 2009. Estas hectáreas ahora están en poder de la Empresa AGSE S.A. debido a titulaciones ilegales, con apoyo de funcionarios tanto de la ANAM, ANATI y el silencio de Autoridad de Recursos Acuáticos, acciones que fueron denunciadas desde el 2007.

Y ahora que se está debatiendo la creación de un Área protegida Refugio de Vida Silvestre en Matusagaratí, el presidente y un grupo de Diputados de la Comisión Agropecuaria están promoviendo que se extienda el apoyo al cultivo de Palma aceitera a otras provincias, a sabiendas que este Monocultivo en Barú ya ha sido atacado por la plaga Flecha Seca, y mencionan de manera expresa a Matusagaratí.

Se entiende que los diputados que conforman la Comisión agropecuaria su deber fundamental sería legislar de manera responsable por lo que, al no ser especialistas en agricultura ni en el rubro de esta especie exótica como es la Palma aceitera, y ahora ya afectada por plagas, se esperaría que consulten con especialistas agrónomos. Deberían informarse de lo que ocurre en otros países, donde bosques primarios han sido devastados para introducir esta especie que además es muy perjudicial para la salud de personas y del ambiente, según científicos calificados (ver lo que dice Wikipedia de la Palma aceitera).

Lo más novedoso y sospechoso es que el diputado Pineda, sin ser conocedor del funcionamiento del Humedal Matusagaratí, sin saber que es un ecosistema hídrico, reserva de Agua dulce; que los ríos y quebradas que nacen en el Filo del Tallo proveen de Agua a decenas de Acueductos y descansan en la laguna; sin haber pedido información a los ambientalistas, especialmente a los defensores y conocedores de este ecosistema, propone que se extienda el apoyo del gobierno al cultivo de Palma aceitera a Matusagaratí. Es decir a la empresa arrocera y aceitera AGSE SA.

¿Acaso desconocen que el Humedal-laguna Matusagaratí es uno de los sitios más importantes de reproducción de especies de mar, que luego son objeto de pesca de pescadores artesanales del Golfo de San Miguel?

Esta especie de Palma aceitera por ser foránea es muy sensible a plagas y ésto conlleva mayor uso de agroquímicos mortales para la salud de la gente, de nuestros ríos , del suelo y que al aprobar la siembra de esta especie en el humedal-laguna Matusagaratí, sería el acabose de la pesca, ahora ya disminuida por los cultivos de arroz y fumigaciones de la Empresa AGSE, durante varios años.

El diputado Pineda dice que él ha revisado títulos y que son de personas de más de 30 años. Claro está que no esta viendo títulos de las tierras que tiene apoderada la empresa AGSE, que empezó a firmar Contratos de Cesión de tierras por el año 2009.

Hay que desarrollar actividades productivas pero no afectando a ecosistemas tan valiosos e importantes para la agricultura, pesca o pequeños ganaderos que sí viven y trabajan la tierra pero que jamás intentaron canalizar para desaguar al Humedal.

El caso de titulaciones ilegales empezaron a cometerse bajo el gobierno de Martín Torrijos del P.R.D. y la Organización Alianza por un Mejor Darién -AMEDAR- lo denunció a su tiempo en el 2007 para que se detenga tanta destrucción ahora ocasionada. Fue entonces cuando los que ahora dicen ser propietarios de las tierras de humedal, ayudados por algunos funcionarios que se saltaron la ley, dieron paso para que se titulen tierras inadjudicables. Ahora que tanto insiste esa empresa y los políticos que la apoyan, como Pineda y otros, en que debe haber “ seguridad jurídica “, la pregunta es ¿porqué no se investigaron las denuncias de AMEDAR de 2007, 2009 y 2014? Esas denuncias las sabían todas las instituciones públicas: ANAM, ARAP, ANATI, Gobiernos, Comisiones parlamentarias…

Panamá no es sólo de unos cuantos que quieren hacer dinero a costa de perder cualquier recurso natural: agua, envenenar ríos, suelos, matar la pesca en el golfo de San Miguel, afectar Acueductos que toman agua de ríos que tienen conectividad directa con el Humedal. Hay que ganarse la plata , sí, pero apoyando a la sociedad a que viva en un ambiente sano y respetándole sus derechos a la vida, a la seguridad y soberanía alimentaria.

Antes de que siembren arroz y ahora Palma aceitera en el Humedal Matusagaratí en plan monocultivo, nadie se había muerto de hambre. En cambio hoy pregunten a los pescadores sobre cómo va la pesca; pregunten a los moradores de La Palma y sus alrededores cómo sobreviven a la sequía en verano; pregunten a los campesinos a los que ya se les desecaron sus ríos, les salinizaron los pozos; pregunten a los ganaderos que tenían sus vacas cerca del humedal y ahora el agua ya se retiró a kilómetros. Y todo por la desecación que producen los canales, las fumigaciones masivas, las talas, las quemas…Seguridad alimentaria…¿para quién? Economía sostenible…¿para quién? Desarrollo…¿para quién?

Es una desgracia que el gran humedal-laguna Matusagaratí se esté muriendo y el dinero sucio que se introdujo para desecarlo y apoderarse de él esté acabando con esta joya de biodiversidad, patrimonio de todos los panameños y de la humanidad. ¡Y que todo este desastre ambiental sirva para hacer más ricos a gente sin escrúpulos venida de fuera de Panamá y sus cómplices nacionales!

Estamos viviendo momentos cruciales. Salvar a Matusagaratí es responsabilidad de todas y todos los panameños. Si no lo hacemos ahora Matusagaratí se perderá y nos faltarán lágrimas para llorarlo. Es hora de que las tierras del humedal Matusagaratí tituladas ilegalmente vuelvan a ser propiedad del Estado y sean incorporadas al Área protegida Refugio de Vida Silvestre. TODO EL HUMEDAL MATUSAGARATÍ DEBE SER PROTEGIDO: las 49.429 hectáreas.

La autora es una periodista auto-exiliado por razón de amenazas en su contra.

 

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World music at the jazz festival (1): The Black Tea Project

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beat
‘I dunno what it is, Dick, but I give it 100. I like the beat.’

The Black Tea Project’s seminar at the Panama Jazz Festival

by Eric Jackson

Is it crude, boorish and downright incorrect to call ANYTHING coming out of Panama “world music?” What IS that stuff, anyway? Is it music that’s not based on the Western eight-note scale or its accompanying notions about tempo? Is it stuff played on traditional instruments not of European origin? Is it the folk music of folks whose lives are considered unworthy of notice in the hallowed halls of the major US television corporations? Does the guy playing on a synthesizer for Palestinian dabke qualify? What about Cusco, those Germans who played a fusion largely informed by Andean music on electronic instruments? Or is that latter stuff “cross-cultural fusion” when acoustic or “new age” when electronic?

Having noted the semantic issues, for this reporter’s present purpose let’s take “world music” to be those sounds of or informed by cultures alien to those considered relevant by those who compile the playlists of any commercial radio station that you are likely to hear. Like, for example the rhythms that the Black Tea Project’s percussionist Osvaldo Jorge learned while studying in India. Like the sounds that the band’s co-founder Graciela “Chelín” Núñez hears, likes and plays when she’s out of the classical violinist mode at which she has excelled.

Like another noteworthy and eclectic Panamanian band of shifting composition, Rómulo Castro’s Grupo Tuira, the lineup at the Black Tea Project has constants but it’s hardly ever the same from one gig to the next. It’s Graciela and Osvaldo, and whoever else at the moment. For the Black Tea Project’s workshop at the Panama Jazz Festival, it was the usual two plus vocalist Valentina Sousa and guitarist Adrián Alvarado. Sousa is a native of Chitre who moved to Italy as an adolescent and later went to Spain. Alvarado was born in Brazil but has spent years of his life in Germany and Spain.

Jorge plays the tablas and the hang, which would tend to be defined as world music instruments in this hemisphere, as well as other percussion instruments more familiar to Panamanian audiences. On the whiteboard he charted out beats unlike anything that which a Panamanian kid preparing to march in one of the November parades would be taught in school.

Is “música típica” played on an accordion? That is the emblematic instrument of Panamanian cumbia these days, but once the violin was more common in that genre, and violinist Núñez has long been at the interface of classical music and this country’s folk traditions. But with the Black Tea Project she goes farther afield.

How far, at this session Valentina Sousa mentioned a couple of influences, the Kurdish family band The Kamkars and the Moroccan tribal Gnawa music that has over the years diffused into other places and cultures. Speaking mainly with his guitar, Alvarado pointed out Spain’s flamenco tradition in passing. In Spain, political and cultural conservatives tend to be in denial about flamenco’s roots, arguing that the oldest written records available to them go back a little more than 200 years and say that it was from Andalusia and old back then. But of course, 200 years ago Spain was just coming out of the centuries of censorship by the Spanish Inquisition, in which any positive mention of the non-Western Moorish and Roma cultures tended to be suppressed. The better flamenco scholars acknowledge the important Roma (Gypsy) role in that genre’s origins. The Roma people and culture, of course, originated in India.

Before getting into any of that, however, there was a surprise addition to the lesson plan. An electronic part was missing, so this performance, in a room with white noise from an air conditioner, would have to be acoustic despite plans for its electronic amplification. Thus the positions where the musicians played and the directions in which they faced had to be shifted around, and with this a mini-lecture about the differences between acoustic and amplified performances, and an implicit lesson in going on with the show in the face of surprises.

It was, as usual, the good stuff.

 

Chelín
What to do when suddenly acoustic, not as was planned?

 

Black Tea Project
Back to the lesson plan.

 

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Comparative media cultures

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CCI, Carta abierta a Rubén De León

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her
Ya ella dice…

Carta abierta a Rubén De León

por Ciudadanos Contra la Impunidad (CCI)

Panamá, 23 de enero de 2017
Ciudadano
H.D. RUBÉN DE LEÓN
Presidente de la
Asamblea Nacional de Diputados
E. S. D.

Diputado Presidente:

En tiempos de escándalos y corrupción masiva (ODEBRECHT y otros), la experiencia nos enseña que la legislación penal no debe ser modificada ni adicionada, porque la tendencia legislativa es la de favorecer a las personas beneficiadas con tales actos de corrupción, aprovechándose del conocido principio constitucional de que la ley más favorable al delincuente tiene preferencia en su aplicación; de modo tal que la inclusión de última hora en la legislación penal de una normativa a todas luces inconstitucional y perversa, siempre habrá de favorecer a los corruptos, porque la declaratoria de inconstitucionalidad de dicha normativa no tiene efecto retroactivo para impedir que este acto injusto prevalezca (ver artículo 46 de la Constitución y 2573 del Código Judicial).

Con vista a lo anterior y a fin de que no se perpetre un fraude legislativo que garantice impunidad a los atracadores de los recursos del Estado e interpretando el gran repudio nacional a la modificación en ciernes al Código Penal, le solicito que le dé trámite de devolución a primer debate al Proyecto de Ley No. 245, a fin de que sea devuelto inmediatamente a los proponentes del Órgano Judicial, en vista de que el indicado escándalo y corrupción masiva de dudosa investigación actual y que involucra a varios gobiernos y a los aprobadores del presupuesto nacional, no alcance un fin feliz de impunidad, que es lo que tiene a este pueblo en vilo y que sufre de grandes necesidades insatisfechas por lustros, mientras una minoría se ha dedicado a saquear las arcas públicas con ventaja y en contubernio, como es en el caso de ODEBRECHT y otros.

Atentamente,

CIUDADANOS CONTRA LA IMPUNIDAD (CCI)

(Firmado por 56 personas y más, incluyendo ex-diputados, ex-ministros y ex-magistrados, de varios partidos e independientes)

 

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Editorial: Many excuses, no excuse — expose and punish all Odebrecht bribes

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Show your respect for Panama: be at the El Carmen Church on Via España this Wednesday at 5 p.m.

Respect Panama, respect yourself

Will we be told that nothing ever changes, that in Panama nothing CAN change?

Will the English-speaking community, citizens and foreign residents alike, stand accused of being a hostile fifth column in Panamanian society if we say anything?

Will we be told that the whole banking and corporate secrecy game was something Panama learned from Switzerland and the United Kingdom, but nobody ever picks on them?

Will we be urged to accept Vladimir Putin’s opinion that the Panama Papers were the product of a US hacking operation aimed at his country, and that it’s a terrible injustice for Panama to be caught in the cyber-crossfire of American and Russian rivalry?

Should we buy the argument that those in power in Washington are hypocrites who took in the formerly ruling kleptocrat Ricardo Martinelli and his stolen millions while denigrating Panama as a money laundering center and refuge for international criminals?

Should we point to the Odebrecht contributions to Jeb Bush’s foundation, and to Miami Democrat Xavier Suarez’s PAC, which were followed by the awarding of huge public works contracts to Odebrecht by the State of Florida and Miami-Dade County when those men were running those jurisdictions?

Should be point to the American domestic money laundering centers of Delaware and Wyoming, and to the US foreign policy of attracting foreign hoodlums who bring a lot of money to the USA?

We could do all of that and more. We could even reasonably talk about Brazilian imperialism and how Panama shouldn’t have to pay the price for its offenses.

But Panamanian public officials of three administrations took bribes and kickbacks from Odebrecht. That’s against the law, but the Electoral Tribunal says that the law keeps Odebrecht’s spending on Panamanian politicians’ campaigns secret, the legislature is in the process of passing a law that would set up a generous plea bargain with Odebrecht as a bar to investigations or prosecutions of those public officials who took their bribes, and President Varela signed a law that said that whatever foreign courts find out about Odebrecht doesn’t matter here. The political caste’s response to demands for full transparency and full accountability range from sneering put-downs to nationalistic posturing to pleas for the “rule of law.”

The people who took these bribes committed theft on a grand scale. They rigged bidding processes so that Panamanians were overcharged for public works, with a portion of the proceeds of their crimes lining their pockets. They cheated bidders of many nations out of fair participation in public bidding. They short-changed our schools, our roads, our public health care system, our police and fire protection and more.

Might some of the politicians who took campaign money from Odebrecht plead that they shared it around at election time? What they mean is that they corrupted our public institutions by purchasing votes from those Panamanians so unpatriotic as to sell their country for small amounts of cash, building materials, household appliances or other merchandise.

Panama does need to take the world economy and international sensibilities into account, but those things and the wrongs of other places are of secondary importance. What matters now is that Panama has been the victim of crimes on a scale much larger than those that get Panamanians thrown into hellish prisons for long years. We need to identify all of the criminals and bring them to justice. If the system can’t handle it, we need a new system.

Be there on Wednesday, and for the next thing after that. Don’t expect justice to come quickly and easily — but demand it. Demand it if you are a citizen, for sure. And if you are a non-citizen resident, don’t go excusing it because that would ge the essence of disrespecting Panama — and yourself, because you live here and you were also affected by these crimes.

The sticky fingers want you to believe that Panama can never change. But it has, it does and it can. The country used to be a battleground for Colombia’s internal conflicts. The country used to be divided by a US enclave. The country used to have an abusive military dictator. We can argue about whether the ways that we got out of those situations were the best, but Panama can change. It’s better if Panamanians change things rather than waiting for other countries with their own priorities to impose changes upon us.

 

Bear in mind

I never teach my pupils. I only attempt to provide the conditions in which they can learn.
Albert Einstein

 

The most important feature of a secrecy jurisdiction — and it is a defining one — is that local politics is captured by financial services interests (or sometimes criminals, or sometimes both), and meaningful opposition to the offshore business model has been eliminated.
Nicholas Shaxson

 

You can’t find any true closeness in Hollywood, because everybody does the fake closeness so well.
Carrie Fisher

 

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What Republicans are saying

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What Republicans are saying

 

 

 

 

 

 

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What Democrats are saying

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What Democrats are saying

 

 

 

 

 

 

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The government’s growing Odebrecht problem

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MOVIN
Capitalist propaganda: “The payment of bribes ends in the raising of taxes.” (They meant to say “de” rather than “se.” So says the Independent Movement (MOVIN), led by some of the richest Panamanians and a backer of President Varela’s 2014 campaign. But they have fallen out because MOVIN accuses Varela of failing to fight corruption. A tweet from MOVIN’s Twitter feed.

Odebrecht scandal goes much deeper than Uncle Sam
says that it does, fuels growing indignation here

by Eric Jackson
Declare corruption offenses to be crimes against humanity, in order that there is no statute of limitations.
from a Kiwanis Club of Panama communique

It would seem to be a set of mixed messages in the waning days of the Obama administration. Panama’s former President Ricardo Martinelli was allowed to live in an upscale apartment in Miami, posting taunting Twitter messages aimed back here despite an INTERPOL red letter warrant for his arrest. At the same time the US Department of Justice announced an out-of-court bribery settlement with the giant Brazilian construction company Odebrecht, the consent judgment for which mentioned $59 million in bribes paid to Panamanian public officials, via four unnamed persons, between 2010 and 2014. All of those bribes would have been to secure Panamanian government contracts during the Martinelli administration.

It wouuld all seem readily explicable to somebody who had been a student in one of former professor Obama’s constitutional law classes. One crime does not mean much about another crime, offenses committed in the context of a president’s administration do not necessarily implicate that president, a plea bargain by one person or company does not bind somebody who is not a party to that settlement, there are due process rights in extradition cases and so on. However, a bit of knowledge about the many other corruption cases ongoing in Panama and the ways that the Martinelli administration worked, plus revelations from Brazilian and Swiss government authorities and news media, will inform a reading of the information and plea agreement published by the US Department of Justice. They have denied it, but two of the four unnamed persons cited as having received some of this bribe money appear to be the former president’s two sons. Moreover, it is likely that Odebrecht paid bribes to bag people, with the understanding that they would be passed on to higher officials in the government.

The Varela administration was not helped by Vice President Isabel De Saint Malo’s declaration that it had been a whispered secret for years that Odebrecht was paying bribes to Panamanian public officials. Why, then, with the former CEO of Odebrecht in a Brazilian prison at the time, did the administration she serves promote and secure the passage of a law providing that the findings of foreign courts do not affect the ability of companies to bid on Panamanian public contracts?

Nor did the declaration by Comptroller General Federico Humbert that it was more than $59 million in bribes, with more than four people involved, serve to assuage public doubts that justice would be served. When Odebrecht won the contract for Line 2 of the Metro commuter train system — not on the lowest bid, but on a set of arcane specifications written and judged by among others a former Odebrecht consultant — why did Humbert approve that contract?

Then Attorney General Kenia Porcell held a weird press conference in which she said that she had a “verbal” agreement — whether written or oral she didn’t say, but one would presume set forth in words rather than an unspoken and unwritten tacit deal — that Odebrecht would pay $59 million to the government. Not those who received the bribes? Not repayment just by disgorging the money but also by spending years of their lives behind bars? Porcell would not answer any questions at that press conference, but later, amidst a storm of criticism, she did say that she hadn’t signed any agreement with Odebrecht.

Into the controversy came Proposed Law 245, submitted to the legislature this past September by the presiding magistrate of the Supreme Court, José Ayú Prado. That 58-pager is mostly a lot of housekeeping to implement the relatively new accusatory system of criminal procedure. The old inquisitory system did under very limited circumstances allow for plea bargains but the accusatory system makes this easier and more common. There are good and bad things to say about that, but given that the nation’s prison system is mostly inhabited by people who have been convicted of nothing but are awaiting trial, plea bargaining is seen as a way to clear cases more quickly and cut down on the backlogs on the dockets of the criminal courts. As submitted, the proposal was not controversial.

But into the proposal the National Assembly’s Government, Justice and Constitutional Affairs Committee inserted a new article, Article 22 as the proposal was renumbered. It’s specifically about plea bargains ending cases and related investigations. The proposed new article has not been published by on the legislature’s website — only the proposal before the committee amended it. Leaders of the nation’s principal bar association, the Colegio Nacional de Abogados, and prominent anti-corruption activists have cried foul. They say that, for example, Odebrecht would be able to cop a plea and that would end the investigations and cases against all of its accomplices. The chair of the committee that did that is PRD deputy Quibian Panay and in the committee and in the legislature as a whole it is reported that the new article has solid support from the president’s Panameñista Party. (The committee vote and debate on Article 22 is unpublished.)

That’s not just some weird speculation. Percolating up the Panamanian court system there is a ruling that let a member of the Panama Canal Authority’s board of directors, Nicky Corcione, and 14 co-defendants off on money laundering charges. These were the alleged accomplices of former presiding high court magistrate Alejandro Moncada Luna’s bribes and peculations. A court ruled that the plea bargain that Moncada Luna made to go to prison for five years in exchange for guilty pleas on some of the charges against him, with the other charges to be dropped, meant that all further investigations or prosecutions of the disgraced ex-judge’s partners in crime would be barred. Prosecutors are appealing that.

There has been a firestorm of criticism. The Independent Movement, closely aligned with the Motta family, has broken up its alliance with the Varela administration. The Chamber of Commerce has called for a “crusade” against corruption. The Panamanian Business Executives Association (APEDE) has lent its support for the Chamber and called for a January 26 public forum on corruption. The Kiwanis Club, a stalwart in anti-corruption movements here, has issued a stern statement that includes one of the first and strongest specific demands for legal reform at at time when lawyers are agitating for a new constitutional convention: they want to abolish statutes of limitations for public corruption.

Considering that the first contracts between Odebrecht and the Panamanian government were negotiated a decade ago during the Martín Torrijos administration and that new ones were negotiated under the current administration, full disclosure of Odebrechts’s systematic bribery would likely be a political bombshell to blast away all three major parties. (And take away US statutes of limitations and look at the State of Florida and Miami-Dade County, and you’d see Odebrecht scandals ripping both major US political parties too.)

Administrative Prosecutor Rigoberto González, looking at the various ongoing Odebrecht contracts, has called upon the Housing Ministry, the Ministry of Public Works and the Metro Secretariat to file criminal complaints so that formal investigations of possible bribes related to current contracts can be started. Housing Minister Mario Etchelcu says he won’t do that, Metro secretary and Canal Affair Minister Robeto Roy says he will do that and Public Works Minister Ramón Arosemena isn’t answering that question.

There will be a test of strength of sorts when an ad hoc Committee Against Impunity holds a rally against corruption at the El Carmen Church on Via España on the afternoon of January 25. If hardly anybody shows up then the politicians will surely figure that everything will blow over and they can rig the system so that the takers of Odebrecht bribes are never identified by name and face. But the calls to identify not only those who took outright bribes, but also those who received campaign contributions from Odebrecht, grow louder and more frequent. The Electoral Tribunal’s explanation that campaign contributions are confidential matters that by law they can’t reveal is ever less accepted. And revelations from abroad about Odebrecht crimes in Panama keep coming, notwithstanding Varela’s law that these mean nothing.

Is corruption the law here? It could be. In effect is has been. But now it’s not just a bunch of gadfly lawyers and leftist agitators who are objecting to that. A crisis appears to be brewing.

Odebrecht
Odebrecht projects in Panama. Graphic by criminals.
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