EVALUACIÓN DEL MARCO DE POLÍTICAS MINERAS Panamá

The report evaluates Panama's mining policy framework against international best practices. While it identifies strengths in environmental impact assessment processes and indigenous rights recognition, it highlights critical gaps in legislative modernization, financial transparency, and mine closure regulations. The document argues that Panama lacks a clear national mining policy, leading to legal instability and weak fiscal and environmental oversight.

• Panama lacks a cohesive national mining policy or development plan, creating uncertainty about whether the state intends to be a mining country. This absence of direction affects the granting of concessions and the execution of Supreme Court rulings.
• The primary mining legislation, the 1963 Mineral Resources Code, is outdated and does not reflect modern international best practices, particularly regarding community consultation, sustainable development goals, and environmental management.
• There is a significant lack of specific regulation and institutional capacity for mine closure and post-closure transitions. Financial guarantees for closure are often inadequate, and there is no legal requirement for detailed closure plans or community consultation during this phase.
• Financial benefits from mining are not transparently managed, and the state lacks the capacity to optimize tax collection during high-price periods or mitigate risks during low-price periods. There is also a lack of alignment between mining contracts and national economic strategies.
• Environmental oversight is weak, characterized by low sanctions and a lack of technical expertise among auditors regarding complex mining processes, such as the management of tailings and waste dumps.
• Panama's legal framework does not explicitly prohibit mining in protected areas, and some projects overlap with biodiversity corridors and national parks, leading to disputes over environmental remediation payments.
• While artisanal and small-scale mining (ASM) is relatively underdeveloped in Panama, it remains largely unregulated and is linked to illegal activities, including child labor, illegal immigration, and organized crime.
• Gender inequality persists in the mining sector; Panamanian law still prohibits women from working in underground mines and quarries based on a 1959 convention, and there are no specific gender policies within the Ministry of Commerce and Industries.
• Indigenous peoples have a strong legal standing to decide on mining projects within their territories, supported by the Constitution and autonomous government status, although mineral resources are state-owned.

APA

Ruete, M., & Grossi, A. V. (2020). EVALUACIÓN DEL MARCO DE POLÍTICAS MINERAS Panamá. International Institute for Sustainable Development. https://www.iisd.org/system/files/2021-01/panama-mining-policy-framework-assessment-es.pdf

Chicago

Ruete, Marina, and Alejandro Vio Grossi. EVALUACIÓN DEL MARCO DE POLÍTICAS MINERAS Panamá. International Institute for Sustainable Development, 2020. https://www.iisd.org/system/files/2021-01/panama-mining-policy-framework-assessment-es.pdf.

Wikipedia

{{cite report |last1=Ruete |first1=Marina |last2=Grossi |first2=Alejandro Vio |title=EVALUACIÓN DEL MARCO DE POLÍTICAS MINERAS Panamá |publisher=International Institute for Sustainable Development |date=December 2020 |url=https://www.iisd.org/system/files/2021-01/panama-mining-policy-framework-assessment-es.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ruete2020evaluacin, author = {Ruete, Marina and Grossi, Alejandro Vio}, title = {{EVALUACIÓN DEL MARCO DE POLÍTICAS MINERAS Panamá}}, institution = {International Institute for Sustainable Development}, year = {2020}, month = dec, url = {https://www.iisd.org/system/files/2021-01/panama-mining-policy-framework-assessment-es.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }