In 2023, the Panamanian people massively took to the streets to defend their rights to participation and a healthy environment, the well-being of affected communities, and the protection of nature, chanting “Panama Is Worth More Without Mining.” In November 2023, this historic uprising also presented two legal actions and secured a mining moratorium (Law 407 approved on November 2, 2023) on all new, pending, or expired mining concessions. In addition, after seven years of operating without a valid contract, the Supreme Court of Justice ruled that the contract for Minera Panamá S.A. (wholly owned by Canadian mining company First Quantum Minerals) was unconstitutional on November 28, 2023.
The rights of the Panamanian people and the Constitutional Court’s decision are non-negotiable. However, the Canadian mining company First Quantum, along with KOMIR and Franco Nevada, have filed international arbitration claims (known as Investor State Dispute Settlement or ISDS) against the country to pressure it to ensure their “legal security,” seeking nearly $27 billion U.S. dollars—equivalent to more than 70% of the country’s budget.
This webinar will address the injustice of Investor State Dispute Settlement (ISDS) claims and tensions it creates between legal security for big business and respect for the rights and sovereignty of the Panamanian people.
Speakers:
- Dr. Javier Echaide, Lawyer and Professor of International Law, University of Buenos Aires
- Dr. Kyla Tienhaara, Canada Research Chair in Economy and Environment, Queen’s University
- Dr. Carlos Bichet Nicoletti, Lawyer, Panama Center for Environmental Advocacy (CIAM))
Moderator: Rekha Chandiramani, Independent Journalist
Event co-sponsors: CIAM Panama, Movimiento Panamá Vale Más Sin Minería, IPS Global Economy Program, Transnational Institute, TerraJusta, MiningWatch Canada, Common Frontiers, Earthworks.
