Read the original declaration in Spanish here.
The more than 40 organizations that make up the Panama is Worth More Without Mining Movement (MPVMS for its initials in Spanish) reject metallic mining and the inadequate management of the Minera Panama case, which is once again threatening the rule of law, citizen security, the sustainability of ecosystems and the wellbeing of future generations.
1. A government that does defend the interests of the state
The Executive is moving towards a reactivation of the mining project. However, it has failed to comply with and has postponed each of the steps necessary to guarantee the protection of the environment and communities, the defense of the country’s interests, and a safe closure process.
It is inadmissible that 15 months after the Supreme Court decision, the Government has still not carried out environmental audits, approved the Preservation and Safe Management Plan for the site (from January 2024), or completed the sanctioning processes by the Ministry of the Environment in view of the mining company's repeated noncompliance with environmental regulations.
The lack of compliance with environmental regulations and international standards that would help guarantee the physical and chemical stability of the mine poses a serious and imminent danger to the area, the most serious issues being acid drainage and the risk of collapse of the tailings facility.
2. A campaign to reopen the mine supported by government authorities
Despite the fact that First Quantum Minerals, through Minera Panama, its local subsidiary, has caused severe impacts and constitutes a serious environmental threat, it seems to enjoy a privileged treatment that allows it to deploy its propaganda machine in public, cultural, and community spaces, even going into the schools where our children study, all done with the endorsement of national and local authorities.
Phrases repeated by government authorities such as: “the hole is already made” offend national dignity by diminishing and normalizing the seriousness of the damages caused during the operation of the mine and justifying the continuation of these damages.
On the other hand, the State maintains a social debt with the affected communities, whose fundamental rights (water, health, education, housing, free transit, and decent work) are not being upheld. The absence of the State in the concession area forces some to accept the mine’s presence and the damage it causes to coexistence and the community fabric, through divisions and polarization.
3. Inconsistencies in mine management
Like the past government, the current president is violating the rule of law by ignoring the Supreme Court ruling declaring the contract unconstitutional. The ruling, in addition to leaving the company without a concession contract, establishes a series of protective standards that must be implemented, including safeguarding of the rights of Nature, respect for the human rights of the affected communities and future generations, and the obligation to complete a new Environmental Impact Study.
To reactivate the thermoelectric plant as a source of energy for Panama is unfounded, since the company only generates power for its own use and therefore cannot commercialize “a surplus.” The measure is also not necessary, since the plant currently generates 3037 MW and the maximum national consumption is 1921 MW - reached in December 2024. Using polluting coal is a contradictory idea for a country that has billed itself as carbon negative and based on a clean energy matrix.
As for the copper concentrate, although we have warned for over a year that the material cannot remain on site, it also cannot be exported arbitrarily. The legal and technical grounds for these actions are unknown, since the results of the audit of this material have not been made public, the Preservation Plan has not been approved and no administrative act has been issued to oversee the process.
4. The fallacy of economic dependency
Assuming that all of the country's economic problems are based on a mine closure is evidence, on the one hand, of manipulation strategies and reiterates the inability of the different administrations to guarantee a productive economy and generate sustainable and inclusive economic activities for the entire population without falling into extractivist manipulations.
The stagnation of the country's economy is reflected in the growth of the informal labor sector to 50% and an unemployment rate of over 10%, not counting agricultural workers. Add to this a foreign debt of close to 60,000 million dollars, which has forced us to pay close to 500 million dollars in interest and amortization in January.
In the last few years, important investment banks have recognized that the fundamental problem is a lack of fiscal discipline, which produced a deficit of 6,416 million in 2024. On the other hand, data from the Tax Bulletin of the General Directorate of Revenues of the MEF have recognized that the cost of tax evasion and avoidance reaches billions of dollars.
It is unacceptable that more than a year after the closure, the government has not created a development strategy to replace the contribution made by the mining sector through the promotion of other productive activities, particularly in the districts of Omar Torrijos, Donoso and La Pintada.
5. In conclusion,
- We express our support for neighboring communities, and the country as a whole, because we understand the reality of poverty and advocate for just and sustainable solutions that prioritize both people and the environment.
- To the national government, we reiterate the need to respect the rule of law and the judicial system. Attempting actions that go against judicial decisions through manipulation or convenience is a blow to the institutionality of the country and puts at risk the respect for the rights of all citizens, which is the main value that a State must defend.
- We strongly oppose the announcement of negotiations between the government and the mining company, which far from advancing the closure process, have the clear purpose of continuing with mining activity.
- We announce the call to all member organizations of the MPVMSM throughout the country, as well as to all sectors and the general population to maintain a state of maximum alert in the face of the attempt to impose any form of metallic mining.
- From this moment on, we begin a day of national actions in defense of a Panama free from mining.
“The Plenary of the Supreme Court of Justice is aware that the social, economic and environmental impact of an open pit mine, such as the one under concession, will directly affect a segment of the population, in this case, rural populations, informal settlements and rural communities, whose risk of environmental damage is high, as a result of the activity developed, and their vulnerability, which in turn translates into limited access to decision-making or material resources, to be able to face decisions on environmental matters
Faced with the dilemma presented, in which the human right to a healthy environment must be weighed against the right to the protection of economic investment, the balance of the Plenary of the Supreme Court of Justice will naturally lean towards safeguarding the continuity of the human race by applying the aforementioned principle of non-regression, which becomes a limitation to the actions of the public powers, with respect to the adoption of legislative or other regressive measures, which diminish the level of environmental protection achieved, unless a rigorous and due justification is given, not ignoring the fact that such right has repercussions on the right to life. ” (Page 217)