Whoever steals or steals is bound by law to return or restore

I know that many people will find the issue of mining difficult. boring or indifferent. Maximumfor those who have become unconditional allies in the staunch defense of the mining corporation.

These are those who think, like other indifferent people, that everything ended when it did Decision on unconstitutionality of November 27, 2023 which was issued by the plenary session of the Supreme Court of Justice and which, with one legal blow directly to the liver of the mining company and the current Government, broke the disastrous Law 406 of October 20 of the same year.

There were several episodes in this feat:

1. Failure Supreme Court of Justice of December 21, 2017, which declared unconstitutional Law no. 9 of 1997 which contained a legal contract with Minera Petaquilla, S:A.

2. Illegal operation or operation of the mining company from that date, after the decision on unconstitutionality was made, until October 20, 2023, the date when Law 406/20. October 2023 approves in three secret and light discussions, the Agreement on State and Mining Law.

3. Before issuing said Act, the National Government he launched a fierce campaign, on television, radio and print media, trying to sell the population that the contract with the mining company must be approved because it is the salvation of the Motherland and will bring better days of progress and economy. development for the country.country. Even President Cortizo himself was personally involved in that campaign, promoting the approval of the said treaty.

Representatives of the government and members of the ruling partythey had no remorse or discretion to publicly assert that the contract was good and confirmed it with a vote of approval.

Advocates who became real lawyers defending the contract between State and mining.

4. Unusual behavior Parliamentary Committee on Trade and Economic Affairs that, far from complying with the mandate from Article 159, paragraph 15 of the Constitution, i.e. approving or disapproving contracts, they developed a new procedure, unnamed and unrecognized in Magna Cartaand it consists in the fact that they sent the draft law, the contract, to the executive power, to make some changes to it, and when it was returned to the assembly, it was approved in a flash.

5. I must mention that my own The court mentioned this fact, expressing its correct legal criterion in the sense that the said Commission did not act in accordance with the clear constitutional mandate, which was to “approve or disapprove contracts in which the state is an art or has an interest”, that is, the Court condemned that act Former commission, orphan of legal support constitutionally and this must be clear to current and future representatives who will be elected in the elections in May 2024, because they cannot invent formulas that have no shelter and protection in the Constitution.

This is what I made known before the judgment of the Court, in my public and repeated interventions in the media or social networks, since I warned that Commerce Commission acted in clear abuse of authority or overstepping of duty.

6. A court decision is madenational rejoicing arose, because the objective spirit of the people was revitalized (Tell the real authors Verdict on unconstitutionality: indigenous people, young people, professionals, teachers’ unions, farmers, construction workers, etc.), measures to close or block the main roads in the country were lifted, educators returned to classes, medical unions were included, full-time and fully, in the public health service.

7. After that rejoicing, popular and expert leaders and leaders (including the undersigned), we began to demand clear accounts on the closure, rehabilitation and withdrawal of the mining company; 6. The national government, which has art and is part of the mining industry, creates the famous Inter-institutional Commission, with the complete absence of civil society, the true and legitimate spokesmen of the people, for the implementation of the closure plans, the rehabilitation of the affected or destroyed areas and the withdrawal of the mining company, consisting of four (4) ministers: Trade, work, safety and the environment.

8. Minister Eloy Alfaro, who also firmly defended the contract with mining, considering the Court’s rulinghe had no choice, out of his own dignity, and at my request, but to submit his irrevocable resignation.

9. But when he explains his resigned against this nation and its people, with clear expressions of preference for mining, which was an even greater grief to us because it was impossible to hide how much support and commitment they had with the corporation.

10. I criticized this inter-institutional commission, which does not seem appropriate to me, because they put mice to guard the cheese, the fox to guard the henhouse and during the day we notice that they didn’t even go to the mine, to the place of work, to all those areas and points, create documentation or report on the actual state of consequences and damages.

11. However, within two days, the new Minister of Tradevery pompously, with all the bombast saying that plans to close, rehabilitate and retire the mining company are already underway.

12. As if that was not enough, he stated in the television media that it is still not clear whether the closure plan will be borne by the mining company or the Panamanian state or both parties; What is very clear to me, as a lawyer, is that the “polluter pays” principle applies and, moreover, “Whoever steals must return what was stolen, returns”, and in the Panamanian case it is about hundreds and billions of dollars, since they were operating maliciously and illegally , more than five -5- years, like theirs CEO in an interview with a Panamanian national newspaper: “The former president told them to continue working”, this question is urgent Did the mining company not know that this is strange and that it is evading the usual, formal and legal procedures for obtaining a work permit and that a legal contract is essential?

Of course not. They brought them, even though they knew and knew for sure what they were doing in an arbitrary and illegal way, only that they trusted in political cabals and high demagoguery, which is characterized by the fact that without seriousness, absent formality and void illegality.

Conclusion: Nothing is finished, nor is anything finished. We need to be very aware that The court’s verdict was fully respectedthat the decision of our highest judicial body be respected and that the state and the whole world, but above all the government, this one and the one to come, know, remember, never forget that “everything is possible with bayonets” but sitting on them.

Wise advice that Chancellor Charles Maurice de Talleyrand gave Napoleon Bonaparterealizing that “Bayonets” should read “Army, army, police”, but for me it should rather read: “The People”. God bless the country!