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Editorials: Rude questions; and The debate

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US Treasury
The alleged Honduran money laundering kingpins, who are accused of running their corporate HQ out of Panama. US Department of Treasury graphic.

Rude questions

The US government, with President Obama and former Secretary of State Clinton saying one thing while doing another and the Republicans baiting them for not being militant enough about it, supported a coup against an elected Honduran president. Since then death squads have stalked that country, in particular silencing critical journalists and in general sending many people fleeing the country for their lives, including children who without adults accompanying them have slipped across the US border. There have been “elections” held under that thuggish regime, duly certified by Washington as “free.” The US-sponsored Honduran regime has been a staunch ally in the “War on Drugs,” allowing the country to be turned into a DEA free fire zone in which soldiers in helicopters shoot people in little boats first and suppress all reasonable questions later. And until June, as Minister of Investment in that death squad regime, there was Yankel Rosenthal, one of the suspects shown above. He’s now in jail in the USA, charged with being one of the world’s principal drug kingpins.

The alleged corporate money laundering mill is said to have been run out of Panama City’s banking district. The Rosenthals’ Panamanian business structures were set up by the same rabiblanco law firm that set up another Panamanian company run by another well connected family in Honduras. That’s the Khafie family and their company is GENISA, of Barro Blanco Dam infamy. One of GENISA’s directors is behind bars in Honduras on allegations of a huge theft from the Honduran public health care system.

So now Washington takes a stand for the rule of law.

Why should anyone believe that US politicians have anything useful to tell Latin America? Why should Panama be a participant in the US drug wars? Why should Panamanians, or Hondurans, show any deference at all to the families with the illustrious surnames?

The debate

Debates, like wars, are properly judged on the basis of their political effects. It’s not like a contest between university debate teams in which points are added or subtracted, any more than a war is determined by body counts. In the US Civil War the Union side took considerably more casualties than their Confederate foes, yet decisively crushed the Old South and its social and economic structures.

It will take a few days and some scientific random polling to get a better idea of who won and who lost the October 13 Democratic presidential candidates’ debate. At first glance, although there were some points scored for and against each candidate, the showdown in Las Vegas saw no huge gaffes and confirmed that the contest is essentially a two-candidate race between Hillary Clinton and Bernie Sanders. Unless events intervene, there seems to be no opening for Joe Biden to step into the race with much hope of success. Martin O’Malley, Lincoln Chafee and Jim Webb were all confirmed as serious men with some interesting things to say, but non-contenders at this point.

Democratic National Committee chair Debbie Wasserman Schultz probably succeeded in reducing the audience for the debate. It seems that the audience was skewed a bit toward fervent Sanders supporters, while Wasserman Schultz is trying to rig the race into a Hillary Clinton coronation. Would a low-turnout primary and caucus season populated by Bernie’s enthusiastic legions work to Hillary’s advantage? That’s a dubious calculation. The whole exercise is driving many Democrats to ignore those increasingly shrill DNC fundraising emails.

Anderson Cooper was an insufferable moderator, both for trying to dumb down the debate into a food fight over contrived Republican narratives about Benghazi and Hillary’s email server and for his shallow ideological baiting of Bernie’s democratic socialism and skepticism about the dominant forms of capitalism currently practiced. On the latter score, count him as a corporate representative for a business that stands to lose billions in ad revenue if unlimited campaign spending is curbed.

On the issues the candidates voiced different views on inequality, war versus peace issues and guns, with Bernie having shifted his opinions a bit about the last of these and Hillary about the first, but a lot of details to be debated in future encounters. Hillary is a hawk, something of a neoconservative lite who does not acknowledge the connections between interventions in Iraq, Libya and Syria and the nightmarish consequences that followed. None of the other candidates are that reckless, but it may be that given the situations that have arisen there isn’t a great deal of difference among the candidates about what they would do now in those specific instances. Mrs. Clinton’s special animosity toward the Iranians and the Russians, however, doesn’t leave her in a very good position to confront the Islamic State in a way that’s coordinated with others who live in the same neighborhood with that brand of Sunni fanatics.

When Bernie jumped in to dismiss the fuss over Hillary’s emails as a tiresome and scarcely relevant distraction, some pundits figured that he blew it by conceding a potential avenue of attack that he could have used aganist his opponent. Let us see whether Democratic primary voters consider petty and vicious to be “strong,” as opposed to being fair and honest as “weak.” It seems that as part of the degradation of public discourse in the United States a strain of media personalities has become so blinded by its own “gotcha” style of reporting and commentary as to lose the sense of proportion.

So who won? Soon enough some good polling will suggest how this round should be scored. But there is a long campaign for the nomination ahead and nobody is yet a certain winner.

Bear in mind…

This country has socialism for the rich, rugged individualism for the poor.
Martin Luther King Jr.

 

There are also as many Eastern European immigrants coming who have relationships to a German grandfather, uncle, or whatever, and of course that gives them the right to German citizenship because of this strange law which says that only by blood are you German. It’s an antique, and one of the most repressive laws I can think of, dating back to the Hitler days. So the people who can prove any German descent whatever suddenly are German, while a foreign worker who might have lived thirty years in Germany with his family, has paid taxes, contributing to society, may not get German citizenship. Yet, a person coming from Poland can become German overnight. The situation is rather ridiculous.
Petra Kelly

 

I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones.
Albert Einstein
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The Democrats’ first debate (podcast)

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debate
It is generally bad manners to republish an unofficial copy of a network broadcast within a few hours of its creation. We could argue about media law and to what extent Panama’s public interest exception to copyright applies. But this debate is a matter of compelling public interest, and for whatever reason CNN’s streaming video crashed, thus blacking out the debate to many people who get their news online. We posted the video of the whole debate as a public service, especially the many American Democrats who don’t get cable or satellite TV. Evenually CNN asserted copyright and Google took it down from YouTube, but we inserted CNN’s highlights in its place.

The Democrats debate

 

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The Panama News blog links, October 13, 2015

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The Panama News blog links, October 13, 2015

Ship & Bunker, Panama Canal mulls legal action over construction troubles

Ramos, La verdad sobre las filtraciones en el Canal

American Journal of Transportation, New PanCanal tonnage record

Stuff, New route from New Zealand to North America and Euope via Panama

CorpWatch, Nicaragua Grand Canal project hits obstacles

AFP, Ricardo Martinelli compara acusaciones en su contra con una violación

Reuters, Panamá pide que Interpol ubique al ex presidente Martinelli

Slate, Utley suspended for slide that broke Tejada’s leg

Goal.com, Mexico set for victory lap in Panama friendly

Daily Express, Soca Warriors edge Panama in friendly

MLS Soccer, Jaime Penedo’s regrets

Photo, Panama’s young surfers — Go Kai!

Reuters, Panama slips into deflation

Vida del Copy, Así será la Linea 3 del Metro

TVN, Estacionamiento: Cámara de Comercio cuestiona nueva ley

ICTSD, WTO rules for Panama in financial services dispute with Argentina

AP, Panama building saga offers insight into Trump practices

Reuters, Panama bonds road show

US DOJ, Cash wash charges against Hondurans includes company in Panama

STRI, El Niño tests coral survival limits

US News & World Report, Homosexuality gene?

Science World Report, Lianas may strangle tropical forests’ carbon storage

Video, BBC’s Edward Snowden interview

Castro, ¿Es el “progresismo” un fenómeno cíclico?

Serrano, Brazil’s sudden neoliberal U-turn

Oppenheimer, The demographic revolution in Latin America

Ben-Ami, AIPAC in decline

Muchhala, UN moves toward rules for nations’ debt restructuring

The PC Graveyard, Wikileaks: only 5 of 29 TPP chapters about trade

St. John, World Court accepts jurisdiction in Bolivia-Chile dispute

Detroit Free Press, Activist Grace Lee Boggs dies at 100

El Universal, Mexican-Americans despise Mexico

Willies, Epic intra-Republican fight on Meet the Press

El Confidencial, El autoexilio de Miguel Bosé a Panamá

Simpson, Golpe al turismo en Kuna Yala

Video, Panama parade in Brooklyn

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Zonians exhibit at the Museo de Arte Contemporaneo

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Zonians invitation
Zonians: exploring an identity — October 14 at the MAC, as part of the exhibition “Zonians, by Matias Costa, moderated by Raúl Altamar Arias.

“Zonians” exhibition and forum at the Museum of Contemporary Art

The Museo de Arte Contemporaneo is having an expo titled “Zonians” by Argentinean photographer Matias Costa. His pictures depict places and peoples of this community, and the expo is scheduled from early September to mid October.

In complement to the show we’re organizing a forum or talk on the zonian identity. For this we’ve contacted three representatives from the community to talk about different themes surrounding it:
► Architect Patrick Dillon will talk about the spaces themselves within the canal zone, the uniqueness of its architecture, and the relationship with nature.
► Actress Lisa Palm (and maybe HB as well!) would talk about being from the last generation of zonians and how different groups interacted within the community.
► We’re hoping to get the Gibson Family from Gamboa to join in and provide a perspective from a different generation.

It would be lovely if you could join us! Raul

raúl altamar arias
servicios editoriales + comunicaciones
507 + 6635-1776

¿Wappin? This Saturday night…

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Legendary bluesman John Lee Hooker. Photo by Sumori.
Legendary bluesman John Lee Hooker. Photo by Sumori.

¿Wappin? This Saturday night…

Mad Professor & Anansi – Culture Vulture
https://youtu.be/wt-5dXg8Ark

Los Silvertones – Old Buzzard
https://youtu.be/txBn_MF6SC0

The Corrs – Little Wing
https://youtu.be/HhsacepElvA

La Resistencia – Misterio
https://youtu.be/_0uGPFyFQk8

Dweezil Zappa & Ella Ferguson – Peaches En Regalia
https://youtu.be/TOywUUqDuBE

Lost Frequencies – Are You With Me
https://youtu.be/VjHMDlAPMUw

Carla Morrison – Una Salida
https://youtu.be/5J01-oWqWEM

Bruce Springsteen – Darkness on the Edge of Town
https://youtu.be/SUTPsRJ6e2k

Papa John Creach – Bumble Bee Blues
https://youtu.be/ZfrpQ-edx_Y

Zoé & Anni B Sweet – Poli
https://youtu.be/3FWtkd9OfXw

Neil Young – Cowgirl In The Sand
https://youtu.be/N96sdokN5Rc

John Lee Hooker & Bonnie Raitt – I’m In The Mood
https://youtu.be/rT-FoZt95D4

John Mellencamp – Troubled Man
https://youtu.be/3oEquZwvG0k

Adele – Set Fire to the Rain
https://youtu.be/Ri7-vnrJD3k

Cultura Profética – Festival de Viña del Mar 2015
https://youtu.be/pmOETqV78qE

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Díaz moves to try Martinelli, asks for 21-year sentence

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Martinellis and Obamas
Key questions at this point will be whether and to what extent Ricardo Martinelli will continue to enjoy the protection of the US government. Regardless of his legal status in Panama, the United States has and has had the option of revoking Martinelli’s visa and enforcing it in ways ranging from ordering him to leave to wherever he can go, summarily putting him on a plane and delivering him to authorities in Panama, or, if the Supreme Court here accepts the charges filed by magistrate and acting prosecutor Harry Díaz, starting extradition procedures. In the face of any of that the former president might interpose a claim that he’s a refugee fleeing from political persecution with US immigration officials or in the US courts. For the United States to accept Martinelli as a refugee, however, would probably strain already troubled US relations with much of Latin America. Archive photo by the White House, the Martinellis and the Obamas.

Magistrate Harry Díaz moves to try Martinelli on four counts

Motion to bring Martinelli to trial, send him to prison for 21 years

by Eric Jackson

In the first of a dozen cases filed against Ricardo Martinelli in the Supreme Court to get to this stage Harry Díaz, the magistrate acting as prosecutor, has filed a 30-page motion to bring former President Ricardo Martinelli to trial. The motion was filed on the afternoon of October 9, the day after the statutory time for the high court to investigate a member of the Central America Parliament expired. Díaz would have the ex-president tried for spying and theft before a nine-member panel of high court magistrates and alternates, with magistrate Jerónimo Mejía acting as judge. Mejía has 20 days to hold a hearing on that motion, at which he could proceed with or throw out the formal charges requested by Díaz. In the motion Díaz seeks a trial on four counts. Each of these encompasses multiple acts, against multiple individual victims on the illegal wiretapping and following without a court order counts, against the Panamanian people on the theft and private use of public property counts. At a trial Díaz would represent the Panamanian state but would also be joined by private prosecutors representing 10 of the at least 150 targets of Martinelli’s spying against politicians, journalists, civic activists, labor leaders, prominent businesspeople, lawyers and judges. Díaz has asked for a 21-year prison sentence.

According to the accusation Ricardo Martinelli separated the spy operation from the National Security Council and the Ministry of the Presidency by 2012, and kicked most of the people who had worked at the security center in Building 150 of Quarry Heights. The electronic part of the surveillance was carried on from there until shortly after Ricardo Martinelli’s proxies lost the May 2014 elections. The routine until that defeat would be that every morning agent Rony Rodríguez — now a fugitive — would visit Martinelli and give him a manila envelope, said to contain the results of the previous day’s spying. After the Martinelistas lost the elections, the servers in Building 150 were moved to a Super 99 office in Monte Oscuro and then went missing from there. But remnants of at least some of the files, concerning about 150 people, went through a National Security Council laptop and despite a post-election attempt to erase them were recovered. Three Israeli-made sets of surveillance devices and the Italian programs that they used are also missing.

Upon whom is Martinelli accused of illegally spying? President Juan Carlos Varela, then vice president, for one. His brother, legislator Popi Varela, was also a target. So were other members of their family. So were all of the opposition presidential candidates. So was the Electoral Tribunal’s presiding magistrate, Erasmo Pinilla. So were businessman Stanley Motta and labor leader Genaro López. So were two former presidents, Ernesto Pérez Balladares and Martín Torrijos. What has been recovered may be only a fraction of the list of those spied upon, some 150 principal targets but also relatives and associates of these people.

The accusation lists more than 70 witnesses, including a number of current and former members of various security, law enforcement and prosecutorial agencies. There is no mention of a code of silence as prevailed among such people in the wake of the dictatorship’s fall. Most probably broader inferences can be made from this circumstance, that Martinelli had intended to steal the 2014 elections and had amassed a riot control arsenal to enforce that, but that at some point late in the game he realized or had it pointed out to him that he had alienated the nation’s security forces and could not count on them in a bid to retain power.

Perhaps the next order of business is the color of the INTERPOL notice. Díaz has filed a request for a blue notice, which if the international law enforcement agency agrees and issues it would identify Martinelli as a person of interest in a criminal investigation and ask police agencies in all member jurisdictions to help ascertain Martinelli’s whereabouts and to provide information relevant to the case. A blue notice is not a search warrant but it would be an interesting question under US law whether that plus an affidavit from someone who knows of one of the stolen surveillance devices being present in the United States would suffice for the issuance of a US court’s search and seizure order. But attorneys for constitutional law professor Miguel Antonio Bernal and several other surveillance victims have asked the court to seek a red notice from INTERPOL. Those color notices are something like an international arrest warrant in they request that member jurisdictions detain people named in them for extradition proceedings to ensue. If Díaz’s complaint is accepted by Mejía, perhaps a red notice would be requested and issued by INTERPOL. However, even if that happens it is not mandatory for a country in which a person so named is present to arrest or bring extradition proceedings against that person. It becomes a political decision.

 

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Ayú Prado won’t judge the Financial Pacific case

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Ayú
José Ayú Prado, right, meeting with the man who appointed him, Ricardo Martinelli. At the time, at the end of February of 2014, the meeting was billed as a matter of President Martinelli, along with then Minister of the Presidency Roberto Henríquez and then Minister of Economy and Finance Frank De Lima, informing themselves of the judiciary system’s plans in many areas, including court facilities construction, modernization of court procedures, court personnel matters, the judiciary’s image and more. By many traditions this was an undue intrusion of the executive into judicial matters, especially because Martinelli was due to be out of office in a few months, before the next year’s court budget was to be passed. Martinelli has fled the country, Henríquez is forbidden to leave the country while criminal investigations proceed against him, De Lima is in jail awaiting trial on corruption charges and bribery, kickbacks and money laundering in the courts construction program are the subject of another set of scandals that have several people in jail and have reached into the Panama Canal Authority. Photo by the Supreme Court.

Ayú Prado, under tremendous public pressure, bows out as the judge in the high court criminal proceedings against Ricardo Martinelli over a Financial Pacific affair that’s likely to blow up into several known and new directions

The end of a move more brazen than Panamanians tolerate these days

by Eric Jackson

Right. When he was attorney general José Ayú Prado allegedly made an in-person intervention to coerce an incarcerated key witness in the Financial Pacific case, Mayte Pellegrini, to retract her statements implicated then President Ricardo Martinelli in the Financial Pacific scandal. Shortly thereafter Martinelli appointed Ayú Prado as a Supreme Court magistrate. After the collapse of Martinelli’s proxy re-election plans and the start of serious investigation, witnesses and documents have corroborated Pellegrini’s statements that Ayú Prado had suppressed and criminal proceedings against Martinelli over the Financial Pacific matter are pending before the Supreme Court. So Ayú Prado’s colleagues, most of them fellow Martinelli appointees, made Ayú Prado the judge in that case. The magistrate vehemently denied any conflict of interest. The formal investigation unstarted, he belittled the scandal as a small matter of just one bank account. And virtually all of Panamanian society demanded that he step away from the case.

Ayú Prado is one of General Noriega’s old prosecutors and may truly have not understood the fuss. But most Panamanians are too young to remember the dictatorship and those who are not mostly want to see the open amorality of government in those times relegated to the past. Polls show that a huge majority of Panamanians wants to bring Ricardo Martinelli to justice and that an even larger percentage of the nation disdains the Supreme Court. If the magistrates got it about the confluence of public opinion and traditionally stated judicial norms about conflicts of interest, they pretended not to when they designated Ayú Prado as the judge in the Financial Pacific case. But after a great hue and cry — one without street demonstrations or much shouting, but of statements of condemnation from almost every quarter of Panamanian society — on October 8 Ayú Prado asked his colleagues to allow him to recuse himself from the case and they by a 7-1 vote consented.

Luis Mario Carrasco, the suplente for Martín Torrijos appointee Jerónimo Mejía, was designated as the replacement for Ayú Prado to act as judge. Carrasco was the one vote against allowing Ayú Prado to recuse himself. Remaining on the case to act as investigating prosecutor is Martinelli appointee Hernán De León.

As a parting shot, Ayú Prado moved that the Financial Pacific case be tried under the old inquisitory system of criminal procedure, based on that argument that everything that is to be investigated happened in 2009 and 2010, before the current accusatory procedure went into efect. That matter is yet to be decided, but what it could mean is that most of the Financial Pacific scandal — the High Spirit account of which Pellegrini first spoke, the November 2012 disappearance of Securities Market Superintendency SMV) analyst Vernon Ramos while he was investigating Pellegrini’s statements, 2012 obstructions of justice in the case by the now imprisoned former high court magistrate Alejandro Moncada Luna and by Ayú Prado, the insertion of now imprisoned Banco Universal loan officer Ignacio Fábrega into Financial Pacific to act as a mole who says he reported to Martinelli and then Tourism Minister and key political operative Salomón Shamah about SMV investigations involving Martinelli, allegations that Martinelli and Shamah bought secret stakes in the brokerage house, the stabbing on the street of Ramos’s successor in the SMV investigation Gustavo Gordón and the apparent tandem roles of Financial Pacific and Banco Universal as money laundering mills and public corruption clearinghouses — would be excluded from the possibility of investigation as part of the Martinelli case regardless of whether evidence in a more narrow probe came to point at the ex-president in any of these matters. Neither the accusatory nor the inquisitory rules of criminal procedure serve to limit the scope of a criminal investigation in this way.

In a series of terse statements earlier this year, the founder of Panama’s Bolsa de Valores securities exchange, Roberto Brenes, suggested a number of things about the scope of the Financial Pacific case. He thinks that the performance of the government’s anti-money laundering Financial Analysis Unit (UAF) ought to be examined. He said that if the case if fully understood, there will likely be “a domino theory.” Although courts and law enforcement have dismissed the Ramos disappearance and Gordón’s stabbing as mysterious and probably random events in an often violent society, Brenes puts them squarely within the context of the Financial Pacific scandal. He said that money laundering and bribery cases were most likely central features of what went on at Financial Pacific.

Actually, it may well be worse than what Brenes lets on. Already a man was arrested for breaking into and erasing Financial Pacific computer files when the brokerage was under SMV intervention. Martinelli’s brother-in-law Aaron Mizrachi was both part of the High Spirit account through which insider trades in Petaquilla gold mining stock were conducted and was a key player in Martinelli’s acquisition of hardware, software and expertise for the former president’s illegal electronic eavesdropping and computer hacking operations. In and around Financial Pacific were Martinelli-assisted land grabbers who through questionable hydroelectric dam projects and other schemes dispossessed rural and urban communities with little or no compensation for those driven from their homes. Financial Pacific invested in foreign-run Ponzi schemes. There are many links between Financial Pacific and Banco Universal, many links between that bank and acts of public corruption during the previous administration and a cast of characters the reaches into some of Panama’s richest and most powerful families — some of whom are also intimately tied to Panama’s other stock brokerages.  This then leads to questions about the Bolsa de Valores itself — how is it that we have a securities market where there is so little relationship between the prices of stocks and bonds and the values that underly them? A domino effect, indeed. It probably is not just Ricardo Martinelli who wants a severely limited Financial Pacific criminal investigation.

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Decentralization advances: won’t raise tax assessments but unlikely to be viable

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Muni
The Municipal Affairs Committee slogs through a process that reduced some reasonable fears, but at the expense of developing a workable decentralization plan. Photo by the Asamblea Nacional.

Proposal would finance local governments through nationally controlled property taxes

Committee approves decentralization lite

by Eric Jackson

The National Assembly’s Municipal Affairs Committee has had its whack at a decentralization law sent to it by President Varela. It chopped out sections that could be construed to allow local governments to reassess real estate values for the purpose of property taxes, and on October 8 passed the proposed law on to the full legislature. The committee vote was unanimous. More amendments could still be made.

The Martinelli administration had threatened  a property tax reassessment plan that was not about correcting the gross discrepancies in assessed values that favored rich neighborhoods but about using taxes to force the sale of certain areas to Martinelli’s speculator friends. That move did much to set the business community against Martinelli and assure his 2014 defeat.

The possibility of a new version of such a plan was raised by committee chair Javier “Patacón” Ortega (anti-Robinson PRD from Panama City) and by deputies accusing Ortega of weakness in the face of such a threat. For his part President Varela protested that it was never his intention to raise anyone’s property taxes. At this point we have a decentralization proposal that would transfer certain responsibilities to municipalities but leave municipal finance largely under the national government’s control.

A bit of history is in order to understand decentralization in Panamanian government and its various failures. The basic points of departure are the October 11, 1968 coup d’etat, the 1972 constitutional convention and the December 20, 1989 US invasion. The old Guardia Nacional would set limits on what the politicians could do between the 1941 overthrow of Germanophile Arnulfo Arias shortly before US entry into World War II and the seizure of power from Arnulfo Arias in 1968. In the 40s, 50s and 60s many things were tried, few of them systematically thought out or particularly enduring. With the possible exceptions of Arias and his nemesis General Remón — who became President Remón and was then assassinated — it was a government of squabbling cousins looking for momentary and usually pecuniary advantage, with the Guardia and sometimes the US Embassy as referees.

Is there such an ideology as “Torrijismo?” When Guardia officers led by Omar Torrijos and Boris Martínez seized power, they were mainly concerned about Arnulfo Arias’s intentions to disrupt their lives by altering the seniority system and thus their places in line to be promoted. It can reasonably be said that Torrijos shared some ideas pioneered by Remón, a modestly social reforming militarism that would not much upset the Americans. Remón did, for example, open up the officer corps to young men from humble backgrounds and eliminate some of the racial prejudice that had kept senior civil service and diplomatic posts largely in the hands of members of Panama’s white minority.

But the officers who took power in 1968 didn’t have much of a plan other than their places in the promotion line. Infighting that sent Martínez into exile and raised the profile of intelligence chief Manuel Antonio Noriega altered that list anyway, as Torrijos assumed control. Torrijos did care about his place in history and determined to oversee the transfer of the Canal Zone and the Panama Canal to Panama. For this purpose he offered various deals. To those sectors of the left and the labor movement that would accept it, he offered relief from the old repression and exclusion and passed a labor code that effectively legalized unions. He was quite brutal to the radicals who didn’t play along — more than 100 were killed or disappeared over the 21 years of the dictatorship. To business sectors that would play along he offered some new opportunities, sometimes at the expense of those who didn’t play along.

To negotiate with the Americans it was convenient for General Torrijos to have some semblance of constitutional rule and for this he called the representantes — more or less city council members — who had been elected in 1968 to a convention. This 1972 gathering drafted our current constitution to military specifications. It was essentially a political patronage deal — the offer to the representantes was to accept the military command as the true power and in exchange see their rank and prestige restored and receive some money to spread around among their constituents. As it was a deal with the lowest level local officials it was inherently decentralizing to that extent. Real power, though, particularly the power to tax and to distribute the proceeds, remained with the national government that was under military control.

After the Panama Canal treaties were enacted and began to be implemented, more resources became available to dole out to local officials. After Torrijos died, Noriega forced his way to the top and relations with the United States soured. Sanctions were imposed and during those years there were few benefits to be shared with local officials.

Come the invasion and Panama was prostrate. A reasonably honest but bumbling President Guillermo Endara was surrounded by an entourage that included a lot of people who figured that it was their turn to steal. It was a time of chaotic turf battles, crumbling public services and the atomization rather than diminution of corruption. An attempt at major reform of the dictatorship’s constitution failed. Since Endara’s time the general trend in all administrations until the current one has been toward centralizing both political patronage and public corruption in the executive branch.

We had two “ghost presidencies” — people who voted for Arnulfo Arias’s much younger widow Mireya Moscoso expecting Arnulfo and got far less, then people who voted for Omar Torrijos’s son Martín Torrijos expecting Omar and got a president neither so brilliant nor so complex as his father.

As the Martín Torrijos administration approached its end, what did the US-educated son of the general who is a nationalist icon to many Panamanians do? He and his party passed a lame duck decentralization law based on perhaps the most dysfunctional aspect of the US political system, local government financed by property taxes.

The incoming Martinelli administration quickly suspended that law for its duration. Ricardo Martinelli intended to aggrandize himself and perpetuate himself in power, largely by concentrating all public contracting in his hands on a no-bid basis with overcharges and kickbacks to himself, his minions and his political slush funds. When the crudely corrupt and not too competent Bosco Vallarino attempted to grab a bit of the action by rigging garbage truck purchases through the Panama City mayor’s office, Martinelli promptly marginalized and then deposed him.

Those years over, Martinelli has fled the country and Vallarino is under house arrest. Varela has revived the promise of decentralized government. But as presently amended, the powers of local governments to raise money come nowhere close to meeting the costs of the responsibilities that they will be expected to take on. It may also be the case that, due to promises made to alleviate real fears of people being forced out of their homes by higher property tax bills that they can’t afford, a set of tax assessments that bears little resemblance to market values will be frozen into place for some time to come. However, that situation may not be sustainable in the face of a slowing national economy and frequent warnings by international financial institutions that Panama needs to collect more taxes.

 

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Harrington, Cuentos para la exportación

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prensa
El diputado Juan Bautista Moya presenta “un anteproyecto para dignificar la carrera de periodismo.” Foto por la Asamblea Nacional.

La Sociedad Interamericana de Prensa y el acceso de la información en poder del Estado

Cuentos para la exportación

por Kevin Harrington-Shelton
Hasta un ciego sabe cuando está desnudo.
Rashi (in re: Génesis 2)

Los medios del gobierno se disparan en el pie con el reciente Informe de la Sociedad Interamericana de Prensa (http://www.sipiapa.org/asamblea/panama-147/). Reflejando su habitual tónica de mantener al panameño distraído en nimiedades para no pisar los callos de sus stakeholders, con premisas enfatiza items de menor importancia (distribución de la pauta publicitaria gubernamental, ley de periodista propuesta), y cierran confesando que “cumplido un año de gobierno de la nueva administración se observa menos hostilidad hacia los medios de comunicación”.

No así hacia la ciudadanía en general. Casi no tocan sobre un pilar de la democracia que sí preocupó al resto del hemisferio. A saber, que “en varios países del área, entre ellos Panamá, se han incrementado las limitaciones al acceso de la información en poder del Estado.” Tal como explican los recientes linchamientos mediáticos, a nuestros medios co-optados con un selectivo paso-expedito a primicias sobre información dable (y no-dable) no les interesa aquella institución de control ciudadano que representa el habeas data para los demás panameños.

De hecho fue La Prensa quien aplaudió –a rabiar– la derogación de la reglamentación de la ley de Transparencia, en cuanto tomó posesión el presidente Martín Torrijos. No es de sorprender pues las bellezas que engendró ese gobierno, particularmente con relación a ICA, PYCSA y a Odebrecht.

Y ahora, a título de zarina anti-corrupción, la egresada de una subsidiaria de La Prensa no ha dicho ni pío sobre un atentado a la credibilidad de dicha garantía constitucional. En un habeas data contra la HD Ana Matilde Gómez (por incumplimiento de la Ley de Transparencia en un caso contra el ex-presidente Ricardo Martinelli, para escurrir el bulto la Corte Suprema en la Comisión de Credenciales) discurrió –unánimemente– que mi petición de información no debió haber sido depositada en el despacho que la Asamblea tiene dispuesto en su entrada para el recibo de correspondencia oficial, sino en las dulces y delicadas manos de la propia diputada. Los detalles medulares del caso aparecen transcritos en el fallo en sí, por lo que doña Angélica Maytín bien podría leerlo a bordo en uno de sus viajes extra-continentales.

 

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What Latin American leaders said at the UN (2)

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Solís
Costa Rican President Luis Guillermo Solís Rivera addresses the United Nations. UN photo.

What Latin American leaders said at the UN (2)

Costa Rica

 

Paraguay

 

Dominican Republic

 

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