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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
convened in order to address a number of controversial issues that have
sprung up regarding the pending U.S. free trade agreement (FTA) with
Panama. Following the hearing, U.S. Trade Representative for Western
Hemisphere Affairs Everett Eissenstat announced that President Obama
would consult with U.S. lawmakers before sending the controversial FTA
to Congress for approval.
In early March, the Office of the U.S. Trade Representative (USTR)
issued a statement of intent, indicating that it would move on the
pending Panama Free Trade Agreement "relatively quickly." However, a
number of road blocks, including strong U.S. labor opposition and
concerns over Panama's classification as a tax haven, are currently
holding up the FTA's ratification in the U.S. Congress.
The Free Trade Agreement, which has been re-branded as a "Trade
Promotion Agreement (TPC)," in order to distance itself from the
controversy surrounding other FTAs, was signed by the Bush
administration on June 28, 2007. The accord was passed by Panama's
assembly the following month, in what some have called a rushed and
non-transparent process. Critics attacked the legislation on grounds
that no Spanish version of the agreement had been made available, and
that members of civil society who were known to be opposed to the pact
were not given adequate time to review and comment on the text. The
opposition within Panama has been made up of a mixed bag of labor
unions, farmer groups, leftist politicians and progressive church
voices, who, according to one Panamanian reporter, developed their own
meaning for the acronym TPC: "Todo Panama Colonizado" (All of Panama
Colonized).
Nevertheless, both the Torrijos government and now the
president-elect of Panama, Ricardo Martinelli, have been pushing hard
to get the agreement ratified before those who oppose the trade pact on
human rights grounds are able to block its passage on the Hill.
Torrijos has expressed his desire to see the accord passed before he
leaves office on July 1. While some trade specialists are convinced
that the U.S.-Panama FTA will pass the U.S. Congress, a number of
highly regarded analysts think to the contrary. According to Eric
Jackson of Panama News, "I would expect this treaty to die,
but I also expect talks about a new proposal to eventually take place
between the Obama and Martinelli administrations. Those would not be
easy negotiations."
The Panamanian government has insisted that none of the issues
holding up the FTA in Congress are, in its eyes, legitimate concerns.
Talking with Reuters, Martinelli's top economic advisor Frank de Lima
claimed that the "perception that Panama is a tax haven is totally
false." He went on to assert that Panama respects labor rights and
collective bargaining. However, a growing body of evidence increasingly
points to the contrary.
Panama's Phantom Economy
For decades, Panama has adjusted its laws and regulations in order to
ensure that its 'business climate' is one of the most competitive in
the world. On the other hand, critics maintain that such regulation
offers a number of opportunities for foreign companies interested in
dodging fair taxes, exploiting malleable labor regulations, and taking
advantage of shrouded financial transparency. Panama's level of Foreign
Direct Investment (FDI) has skyrocketed since legislation was passed in
1992 which established "Export Processing Zones (EPZs)" in a number of
locations across the country. Companies from all over the world are
welcome to establish factories in these zones for "light manufacturing,
assembly, high technology, and specialized and general services."
Companies operating there are exempt from all taxation on imports and
exports, sales tax, and imports on capital and assets. In addition,
EPZs are free from all restrictive national labor and immigration
standards. Instead, they are allowed to operate under provisions which
are "more favorable [to foreign companies] than the current Panamanian
Labor Code."
Since Public Citizen released a report in April 2009
highlighting the country's banking secrecy rules and lax financial
regulations, there has been much circulation in the media concerning
Panama's status as a top tax haven. All foreign corporations conducting
business in Panama are exempt from national taxes, making the country a
"100 percent tax haven," according to the report. It comes as no
surprise that over 350,000 foreign-registered companies nominally
operate from Panama, and $25 billion of U.S. investment already has
been sunk into the country, according to the U.S. State Department.
In addition to tax incentives, Panamanian law also makes it easy for
multinational corporations to "cook the books." According to the Public Citizen
report, "Panama has one of the world's most restrictive information
exchange regimes," which allows the country to withhold information
even within the framework of a criminal investigation. Moreover,
extremely strict slander laws known as "Calumnia Y Injuria" rules can
be used to arrest journalists for reporting facts and figures, if they
do not reflect well on business interests. This lack of transparency,
coupled with a lenient regulatory system governing the country's
banking and financial sectors, enables corporations to "conceal their
financial losses and engage in off-balance sheet activities." Evidence
also links Panama's Colon Free Zone (CFZ) with trafficking of narcotics
and other illicit substances, in addition to off-shore activities
carried on by foreign corporations. Panama's CFZ, which is the second
largest free trade zone in the world, provides a centrally located
"transit area for drugs and related money laundering," activities
moving up through Mexico to its northern border, according to the
International Monetary Fund.
The illicit matters have grown even more controversial since the
G-20's recent conference decided to crack down on tax havens and step
up financial regulation as key steps toward global financial recovery.
Various U.S. government bodies estimate that closing global tax havens
would save U.S. taxpayers between $210 Billion and $1 Trillion over the
next decade.
A free trade agreement with Panama, argues Public Citizen,
would actually hinder efforts on the part of the US government to crack
down on tax evasion and money laundering in Panama. The proposed FTA
contains provisions that forbid cross-border regulations on financial
transactions between the U.S. and Panama, and would provide
subsidiaries operating in Panama enhanced "investor rights," enabling
them to challenge any attempt by the U.S. government to monitor or
limit financial transactions. In the words of Lori Wallach, director of
Global Trade Watch: "Members of Congress wouldn't vote to let AIG not
pay its taxes or to give Mexican drug lords a safe place to hide their
proceeds from selling drugs to our kids, but that's in essence what the
Panama FTA does."
Bad News for Labor
According to U.S. Trade Representative Ron Kirk, who has been straining
to get safe passage for the Panama trade measure during his short time
in this position, Panama has made "very good progress" on labor issues
hindering U.S. approval of a free trade agreement. Kirk and others
point to the fact that the agreement incorporates the policies of the
"New Trade Policy for the Americas (TPA)." This provision contains the
same labor and environmental protections which were added to the
recently enacted US-Peru FTA. However, in Peru such punative
protections failed to guard labor or the environment from being scaled
back and hassled as result of its FTA being enacted. Additionally, the
U.S. Labor Advisory Committee stated in its report that the labor
stipulations in the Panama FTA "will not protect the fundamental human
rights of workers in either country." Although the FTA makes reference
to the UN International Labor Organization's Fundamental Principles and
Rights at Work Declaration, it contains no provisions that would force
the signatories to strictly implement the UN's labor standards.
Further, the agreement does not prevent Panama from "weakening or
reducing the protections afforded in domestic labor laws" in any future
effort it may make to "encourage trade or investment."
The U.S.-Panama FTA contains only one enforceable labor provision: a
requirement for the government to adhere to its own labor laws.
Unfortunately, there is a significant canard involved in this language.
Panama's labor track record is not entirely clean; in August 2007 two
construction union members were assassinated while demonstrating for
worker rights. Furthermore, if existing labor laws are broken, the
FTA's "dispute settlement system," set in place to uphold these
standards, serves as little more than window-dressing. The maximum
government fine is capped at $15 million, which amounts to about
one-tenth of one percent of total US-Panama trade in 2006.
Additionally, these funds, in the unlikely circumstance that they ever
will be collected, are paid a "joint commission to improve labor rights
enforcement," which in turn could be easily funneled back into
Panamanian government's coffers.
Given that the Panamanian labor code does not even apply in Export
Processing Zones, and in conjunction with the fact that approximately
two-thirds of Panamanian workers operate in the informal economy, the
remedial power of any labor provisions that might be included in the
agreement would be severely limited. This FTA will ultimately exonerate
the signatories from meeting an acceptable human rights standard.
Agriculture Markets and Rural Poverty
In addition to labor and tax issues, the FTA will inevitably have the
effect of slowly eroding the protections that Panama has worked to
maintain in its most vulnerable economic sectors. Due to a number of
existing regional trade agreements, Panamanian products already enter
the United States duty free. The pending FTA, according to the State
Department's Charles S. Shapiro, would simply "reduce [Panama's]
tariffs on products imported from the United States." Aware of the
dangers associated with the FTA's role in opening the country up to the
behemoth U.S. economy, Panama's negotiators were able to reserve some
protections for the country's developing sectors, specifically
agriculture. This relatively young sector not only employs 17% of the
country's labor force, but also supports 40% of the country's rural
population, according to the US Congressional Research Service. Thus,
the Panamanian government has argued that opening the country's markets
to U.S. agricultural goods, which are subsidized by the government and
produced on a much greater scale than its more protective partner,
would be "highly detrimental to the social structure of the rural
economy, leading to increased unemployment, poverty, and urban
migration."
Despite the fact that "agriculture was one of the most sensitive
issues for Panama," its officials failed to reach lasting and effective
compromises in order to protect their markets from U.S. incursion. The
FTA immediately eliminates tariffs on over 60 percent of U.S.
agricultural exports to Panama, with most remaining tariffs to be
gradually eliminated over a period of 15 years or less. Two key
products: locally-grown rice (which currently supplies over 90% of
Panama's domestic demand) and sugar (which presently accounts for a
third of Panama's agricultural exports, as well as 41percent of its
agricultural exports to the United States), will retain limited
protections in the short-term. However, as tariffs are slowly lifted
over a fixed period of years, Panama could lose the "relatively high
wage rates" that it currently enjoys in these sectors.
According to the congressional report, this phase-out period would
"buy time for Panama to develop its nontraditional export crops, such
as melons, palm oil, and pineapples, which some view as the future of
this sector." Unfortunately, these are precisely the crops that the
rest of Central America already exports to the U.S. at bottom-barrel
prices. Thus, Panama, under this new regime, would be forced to join
the regional 'race to the bottom' in order to ensure competitive prices
for its products on the global market. The impact on Panama's rural
poor could be debilitating. In addition, Panama's already spotty social
safety net stands to suffer as the global economic partnership
involving Panama develops. In a bid to attract foreign investment,
President-elect Martinelli has committed his government to "massive
infrastructure spending in partnership with foreign investors,"
according to Reuters. This spending is not likely to benefit the
approximately one third of Panama's population currently living below
the poverty line in the country's rural areas. Already, very little
public spending is allocated to this demographic. The World Bank has
identified sharp geographical inequities in health care and education
spending, which disproportionately benefits the urban upper and middle
classes far more than the rural poor and indigenous populations. This
trend will likely worsen with a free trade agreement that opens
Panama's agriculture markets to fierce competition and commits further
government revenue to the country's urban commercial centers.
In short, the U.S.-Panama free trade agreement inevitably will be a
bonanza for big business. It would contribute to the elimination of
many inconvenient hurdles that cut down on corporate profits, such as
labor regulations, taxes, and fair-minded market signposts. A far
larger portion of the population could lose out under the FTA including
those who benefit from these protections, such as workers in both
countries, poverty-stricken Panamanian farmers, and the American
taxpayer. As a battle between corporate interests and civil society
ensues in the U.S. Congress, a parallel struggle to sway public opinion
is taking place in the media. However, whichever way the decision
falls, a lasting solution to global economic ills is unlikely without a
fundamental shift in the way the United States conducts its business in
developing countries.
This analysis was prepared by Research Fellow Mary Tharin
May 27th, 2009
Founded in 1975, the Council on Hemispheric Affairs (COHA), a nonprofit, tax-exempt independent research and information organization, was established to promote the common interests of the hemisphere, raise the visibility of regional affairs and increase the importance of the inter-American relationship, as well as encourage the formulation of rational and constructive U.S. policies towards Latin America.
A leader at the human rights group called the proposal "a dangerous and dramatic step backwards and a product of ongoing impunity for Israel’s system of apartheid and its genocide in Gaza."
As Israel continues its "silent genocide" in the Gaza Strip one month into a supposed ceasefire with Hamas and Israeli settler attacks on Palestinians in the illegally occupied West Bank hit a record high, Amnesty International on Tuesday ripped the advancement of a death penalty bill championed by far-right National Security Minister Itamar Ben-Gvir.
Israel's 120-member Knesset "on Monday evening voted 39-16 in favor of the first reading of a controversial government-backed bill sponsored by Otzma Yehudit MK Limor Son Har-Melech," the Times of Israel reported. "Two other death penalty bills, sponsored by Likud MK Nissim Vaturi and Yisrael Beytenu MK Oded Forer, also passed their first readings 36-15 and 37-14."
Son Har-Melech's bill—which must pass two more readings to become law—would require courts to impose the death penalty on "a person who caused the death of an Israeli citizen deliberately or through indifference, from a motive of racism or hostility against a population, and with the aim of harming the state of Israel and the national revival of the Jewish people in its land."
Both Hamas—which Israel considers a terrorist organization—and the Palestine Liberation Organization slammed the bill, with Palestinian National Council Speaker Rawhi Fattouh calling it "a political, legal, and humanitarian crime," according to Reuters.
Amnesty International's senior director for research, advocacy, policy, and campaigns, Erika Guevara Rosas, said in a statement that "there is no sugarcoating this; a majority of 39 Israeli Knesset members approved in a first reading a bill that effectively mandates courts to impose the death penalty exclusively against Palestinians."
Amnesty opposes the death penalty under all circumstances and tracks such killings annually. The international human rights group has also forcefully spoken out against Israeli abuse of Palestinians, including the genocide in Gaza that has killed over 69,182 people as of Tuesday—the official tally from local health officials that experts warn is likely a significant undercount.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians."
“Knesset members should be working to abolish the death penalty, not broadening its application," Guevara Rosas argued. "The death penalty is the ultimate cruel, inhuman, and degrading punishment, and an irreversible denial of the right to life. It should not be imposed in any circumstances, let alone weaponized as a blatantly discriminatory tool of state-sanctioned killing, domination, and oppression. Its mandatory imposition and retroactive application would violate clear prohibitions set out under international human rights law and standards on the use of this punishment."
"The shift towards requiring courts to impose the death penalty against Palestinians is a dangerous and dramatic step backwards and a product of ongoing impunity for Israel's system of apartheid and its genocide in Gaza," she continued. "It did not occur in a vacuum. It comes in the context of a drastic increase in the number of unlawful killings of Palestinians, including acts that amount to extrajudicial executions, over the last decade, and a horrific rise of deaths in custody of Palestinians since October 2023."
Guevara Rosas noted that "not only have such acts been greeted with near-total impunity but with legitimacy and support and, at times, glorification. It also comes amidst a climate of incitement to violence against Palestinians as evidenced by the surge in state-backed settler attacks in the occupied West Bank."
Prime Minister Benjamin Netanyahu launched the devastating assault on Gaza in response to the Hamas-led attack on southern Israel on October 7, 2023. Since then, Israeli soldiers and settlers have also killed more than 1,000 Palestinians in the West Bank, according to the United Nations Office for the Coordination of Humanitarian Affairs.
Netanyahu is now wanted by the International Criminal Court for war crimes and crimes against humanity, and Israel faces an ongoing genocide case at the International Court of Justice. The ICJ separately said last year that Israel's occupation of Gaza and the West Bank, including East Jerusalem, is unlawful and must end; the Israeli government has shown no sign of accepting that.
The Amnesty campaigner said Tuesday that "it is additionally concerning that the law authorizes military courts to impose death sentences on civilians, that cannot be commuted, particularly given the unfair nature of the trials held by these courts, which have a conviction rate of over 99% for Palestinian defendants."
As CNN reported Monday:
The UN has previously condemned Israel's military courts in the occupied West Bank, saying that "Palestinians' right to due process guarantees have been violated" for decades, and denounced "the lack of fair trial in the occupied West Bank."
UN experts said last year that, "in the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution—the Israeli military."
Pointing to the hanging of Nazi official and Holocaust architect Adolf Eichmann, Guevara Rosas highlighted that "on paper, Israeli law has traditionally restricted the use of the death penalty for exceptional crimes, like genocide and crimes against humanity, and the last court-ordered execution was carried out in 1962."
"The bill's stipulation that courts should impose the death penalty on individuals convicted of nationally motivated murder with the intent of 'harming the state of Israel or the rebirth of the Jewish people' is yet another blatant manifestation of Israel's institutionalized discrimination against Palestinians, a key pillar of Israel’s apartheid system, in law and in practice," she asserted.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians," she added. "Israeli authorities must ensure Palestinian prisoners and detainees are treated in line with international law, including the prohibition against torture and other ill-treatment, and are provided with fair trial guarantees. They must also take concrete steps towards abolishing the death penalty for all crimes and all people."
"In our democracy, the press is a watchdog against abuse," said Marion County Record publisher Eric Meyer. "If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
A Kansas county has agreed to pay $3 million over 2023 police raids of a local newspaper and multiple homes—one of which belonged to its elderly publisher, whose death shortly followed—sparking nationwide alarm over increasing attacks on the free press.
Marion County agreed to pay the seven-figure settlement and issue a formal apology to the publishers of the Marion County Record admitting that wrongdoing had occurred during the August 11, 2023 raids on the paper's newsroom and two homes.
The apology states that the Marion County Sheriff's Office "wishes to express its sincere regrets to Eric and Joan Meyer and Ruth and Ronald Herbel for its participation in the drafting and execution of the Marion Police Department’s search warrants on their homes and the Marion County Record. This likely would not have happened if established law had been reviewed and applied prior to the execution of the warrant."
Bernie Rhodes, an attorney for the Record, told the paper, "This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose, in making sure that the next crazed cop who thinks they can raid a newsroom understands the consequences are measured in millions of dollars."
Rhodes was referring to the 98-year-old Record co-owner, who was reportedly in good health for her age, but collapsed and died at her home in the immediate aftermath of the raid by Marion police and country sheriff's deputies.
"This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose."
Eric Meyer, Joan Meyer's son and the current publisher of the Record, said: “The admission of wrongdoing is the most important part. In our democracy, the press is a watchdog against abuse. If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
According to the Record, awards include:
Record business manager Cheri Bentz—who suffered aggravation of health conditions following one of the raids—previously settled with the county for $50,000.
Katherine Jacobsen, the US, Canada, and Caribbean program coordinator at the Committee to Protect Journalists, hailed the settlement as "an important win for press freedom amid a growing trend of hostility toward those who hold power to account."
"Journalists must be able to work freely and without fear of having their homes raided and equipment seized due to the overreach of authorities," she added.
The raids—during which police seized the Record‘s electronic equipment, work product, and documentary materials—were conducted with search warrants related to an alleged identity theft investigation.
However, critics—who have called the warrants falsified and invalid—noted that the raids came as the Record investigated sexual misconduct allegations against then-Marion Police Chief Police Gideon Cody. The raids, they say, were motivated by Cody's desire to silence the paper's unfavorable reporting about him.
State District Judge Ryan Rosauer ruled last month that Cody likely committed a felony crime when he instructed a witness with whom he allegedly had an improper romantic relationship to delete text messages they exchanged before, during, and after the raids.
While Cody will not be tried in connection with Meyer's death or the 2023 raids, Rosauer ordered him to stand trial over the deleted texts.
Meyer at the time expressed dismay that Cody wasn't being tried for his mother's death or the raids. He also worried that Cody was being made a scapegoat, as other people and law enforcement agencies were involved in the incident.
Following the announcement of the settlement, Meyer said that "this never has been about money, the key issue always has been that no one is above the law."
"No one can trample on the First and Fourth Amendments for personal or political purposes and get away with it," he continued. "When my mother warned officers that the stress they were putting her under might lead to her death, she called what they were doing Hitler tactics."
"What keeps our democracy from descending as Germany did before World War II is the courage she demonstrated—and we’ve tried to continue—in fighting back," Meyer added.
"This never has been about money, the key issue always has been that no one is above the law."
Five consolidated federal civil rights lawsuits have been filed in the US District Court for the District of Kansas, alleging wrongful death, unlawful searches, retaliation for protected speech, and other claims tied to the raids.
“It’s a shame additional criminal charges aren’t possible,” Meyer said, “but the federal civil cases will do everything they can to discourage future abuses of power.”
Although unable to savor the Record's victory, Joan Meyer presciently told the officers raiding her home, "Boy, are you going to be in trouble."
“She was so right," said Rhodes.
Despite Mamdani's campaign pledge, legal experts have consistently cast doubt on a New York City mayor's authority to order the arrest of a foreign leader.
New York City Mayor-elect Zohran Mamdani may have a chance to fulfill one of his campaign promises on his first day of office, although legal experts have repeatedly cast doubt on his power to make it happen.
Republican New York City Councilwoman Inna Vernikov on Tuesday sent a formal invitation to Israeli Prime Minister Benjamin Netanyahu to speak in New York City on January 1, 2026, while at the same time daring Mamdani to keep his pledge to have him arrested on war crimes charges.
"On January 1, Mamdani will take office," Vernikov wrote in a post on X. "And also on January 1, I look forward to welcoming Bibi to New York City. NY will always stand with Israel, and no radical Marxists with a title can change that."
The International Criminal Court (ICC) last year issued an arrest warrant for Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity committed during Israel's war in Gaza that has killed at least 69,000 Palestinians.
During his successful mayoral campaign, Mamdani repeatedly said that he would enforce the warrant against Netanyahu should the Israeli leader set foot in his city.
Although Mamdani backed off some of his most strident past statements during the campaign, particularly when it comes to the New York Police Department (NYPD), he doubled down on arresting Netanyahu during a September interview with The New York Times.
"This is a moment where we cannot look to the federal government for leadership," Mamdani told the paper. "This is a moment when cities and states will have to demonstrate what it actually looks like to stand up for our own values, our own people."
However, legal experts who spoke with the Times cast doubt on Mamdani's authority as the mayor of a major American city to arrest a foreign head of government, even if the person in question has been indicted by the ICC.
Among other things, experts said that the NYPD does not have jurisdiction to arrest Netanyahu on international war crimes charges, and the Israeli leader would have to commit some crime in violation of local state or city laws to justify such an action.
Additionally, the US has never been party to the ICC and does not recognize its legal authority.
Matthew Waxman, a professor at Columbia Law School, told the Times that Mamdani's stated determination to arrest Netanyahu was "more a political stunt than a serious law-enforcement policy."