[News Boquete] BCP Tuesday Meeting - Clarification of Minister Aguilera's Comments on Laws Regarding Minors Involved in Crime

This is an addendum to yesterday's report on the BCP  meeting of Minister of Security Rodolfo Aguilera.

I am posting this partly because of a possible misunderstanding about what the Minister said and more importantly, because the subject of juvenile crime is so much on our minds after the tragedy of Marion Clamp and others. If you would like to see these laws changed, see below.

My original report stated that: "UN treaties supersede national law, so getting it changed will be difficult. " Well-informed reader Judy Sacco pointed out correctly that this is not the case: 

"A UN treaty does not supersede national laws. Specifically, the UN has no capacity or ability to threaten a country's sovereignty."

In the Minister's own words:

"There is a juvenile crime law in Panama which is very soft - UN standards. These standards are drafted by Europeans, and..."

[He jokes that he received his Master's Degree in England and that he knows how the Europeans think about these things. In my interpretation, the Europeans do not necessarily understand the lack of "social safety nets" here in Panama]

"Congressman Samil [last name unintelligible] from David is the one who is leading the path for those congressmen who are willing to change the law. It means precautionary measures to incapacitate those juvenile criminals. We have to do it because the law has become an incentive for criminal gangs, so they [the minors] become the operating arm of bigger [criminal gangs].

...

I cannont change the law because I am not a legislator, but I know that Athena, your [deputada] here in the Boquete, Dolega and Gualaca regions is [active in this] and my brother is the congressman for the Volcan/Bugaba area... and it's important that initiative. 

The problem is we have signed treaties with UN standards and Panama treaties are a higher guarantee than law - so they would have to find a way to circumvent that problem. But I totally agree with you - we need more strict rules when it comes to juvenile gangs."  [what is the difference between treaty compliance and loss of sovereignty?]

What conclusions can we draw?

First, we are well represented here in Chiriqui (and at the highest levels of government) in regard to this problem. Second, we have an obligation as expats to participate in the process of change. While we don't vote and most don't pay taxes, there is something concrete we can do to influence change in the law.

In Panama, petitions carry weight in the political process.

At the recent community meeting in Potrerillos, over 165 signatures were gathered on a petition to encourage changes in the criminal laws. These were forwarded to Athena with her gratitude. 

Next Saturday each and every one of us can go to the Chiriqui Storage Flea Market and sign a petition urging the legislators to change the criminal laws regarding juvenile offenders. 

-- Mark Heyer

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