Panama

Not Available

Immigration detainees

2020

No Data

Detained children

Overview

(July 2015) An important destination country in Central America, Panama has in recent years overhauled its migration policies in part as a response to a landmark case at the Inter-American Court of Human Rights involving the detention of migrants. Since the case was launched, Panama has adopted a new migration law, decriminalised immigration violations, and established new dedicated detention centres euphemistically called "albergues" (or shelters).

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

09 June 2020 – Panama

Responding to the Global Detention Project’s Covid-19 survey, the director of the Panamanian section of “Fe y Alegria” an NGO part of the Jesuit Migration Network, reported that a moratorium on new immigration detention orders had been established until 8 June 2020, but that no immigration detainees were released and that those who were in […]

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A Queue at the Entrance of the Santiago Prison in Veraguas, (La Prensa,

07 June 2020 – Panama

As reported previously on this platform (see the 1 June Panama update), Panama has shifted many undocumented migrants to the border with Costa Rica. The two countries have an agreement regarding migrant mobility, but the agreement cannot be enforced as Nicaragua has closed its borders. The director of the immigration authority in Costa Rica, Raquel […]

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Image of Humanitarian Temporary Station for Migrants in Panama in 2019, (IOM,

01 June 2020 – Panama

Responding to the Global Detention Project’s Covid-19 Survey, the UN human rights regional office in Panama (ROCA) reported that Panama has not established a moratorium on new immigration detention orders and that the country is not contemplating the measure. ROCA also explained that no immigration detainees have been released and that there are no “alternatives […]

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Migrants Crossing the 'Rio Turquesa' Close to the First Panamanian Village on the Border with Colombia, (William Urdaneta, UNICEF,
Last updated: July 2015

Panama Immigration Detention Profile

    Economic growth and geography have helped transform Panama into one of Central America’s most important immigration destination countries as well as a key transit state for people migrating north.[1] In 2013, the country’s migrant population numbered 158,400, or 4.1 percent of the country’s total population. This is four times the average ratio of foreign-born residents in the region.[2] In contrast to other receiving countries in Central America, including Costa Rica and Belize, Panama’s foreign-born population is comprised of people from Latin America and Caribbean countries, as well as various countries in Asia.[3]

    In 2008 the country adopted Law Decree No. 3 and Executive Decree No. 320, which overhauled existing migration policy. Law Decree No. 3 establishes the National Migration Service and regulates visas, border control, as well as deportation and detention. Executive Decree No. 320 details the provisions of Law Decree No. 3.

    Articles 65 and 66 of Law Decree No. 3 provide that the National Migration Service is to order deportation of any non-citizen who enters the country irregularly; remains undocumented; engages in conduct contrary to good morals; threatens public security, national defence, or public safety; or has served a prison sentence. Before ordering deportation, the National Migration Service is required to issue a detention order. This provision appears to resemble mandatory detention measures observed in other parts of the globe, including Malta. However, the GDP was not able to verify whether detention is systematically applied. Some reports indicate that immigration detention in the country is discretionary.[4] The maximum period of detention is 18 months (Executive Decree No. 320, article 2).

    Article 66 of the Law Decree provides that detention orders are to be presented to the person in question. However, according to information provided by the Jesuit Refugees Services-Panama, in practice this information is provided only in Spanish and linguistic assistance is not generally ensured.[5] Immigration detainees have the right to communicate with legal counsel, families, and consulates (Law Decree article 94). The state does not provide legal aid and very few immigration detainees have their own legal counsel. The only legal advice is provided by NGOs (Jesuit Refugees Services and Centro de Asistencia Legal Popular) but due to their limited resources aid is not systematic or sufficient.[6]

    There is no judicial review of detention. The Law Decree provides for the possibility for an appeal against deportation. It is an administrative appeal to be addressed to the General Director of the National Migration Service (articles 67 and 96). The only judicial avenue to challenge detention is habeas corpus under the constitution (article 23). However, there are very few appeals because of the lack of a proper information and legal service.[7]

    Children are not placed in immigration detention. The Law Decree provides that persons below the age of 18 cannot be detained; they are placed under the responsibility of the Ministry of Social Development (article 93). In practice they are accommodated either with their relatives or in foster homes.[8]

    Comprehensive statistics on the number of persons placed in immigration detention do not appear to be available. The only statistics that the GDP is aware of concern people from countries outside Latin America, so-called extracontinentales. According to official statistics, in 2009 317 non-citizens coming from other continents were detained; 503 in 2010; and 147 in 2011. The major countries of origin included China, Bangladesh, Eritrea, Somalia, Nepal, and India.[9]

    Panama operates two immigration detention facilities, one for men (Albergue Masculino de Detencion) and another for women (Albergue Femenino de Detencion).[10] Both facilities are run by the National Migration Service and are located in Panama City.

    The centre for men is a dedicated immigration detention centre. It has an approximate capacity of 70 but confines on average 130 people at a time. Until 2013 detainees were forced to sleep on mattresses on the floor. The facility has a yard and telephone, which detainees are allowed to use upon request. Following his September 2013 visit, the country’s Ombudsman noted positive changes such as increased visiting time up to one hour and installation of fans and TV. During his visit, 107 persons were detained at the centre.[11]

    The centre for women is located inside a police station. It has a capacity of 20 and consists of a single room. The room does not have a window but has air conditioning and a TV. Detainees do not have an access to a yard and no recreational activities are provided.[12]

    In 2013, the Inter-American Court on Human Rights issued a resolution on Panama’s compliance with the court’s 2010 judgement in the case of Vélez Loor. In that landmark case Panama was found to have violated several rights of the petitioner, an undocumented migrant from Ecuador. In its 2013 resolution the court found that the country failed to explain what happens to people detained outside of Panama City.[13] In fact, persons apprehended in the border areas (such as province of Darién) are detained in provisional facilities during some days before being transferred to centres in Panama City.[14]

    One of the aspects of the Panama’s migration policy addressed in the Velez Loor was criminalisation of migration related offences. Panama's previous migration law (article 678 of the 1960 Law Decree No. 16) provided for prison sentences of up to 2 years for irregular re-entry. The Court ruled that criminalization of irregular entry went beyond the states’ legitimate interest in controlling irregular migration and that detention for non-compliance with migration laws should never involve punitive purposes. According to the Court, a punitive measure applied to a migrant who has re-entered the country in an irregular manner subsequent to a deportation order was not compatible with the American Convention on Human Rights. In particular, the Court ruled that article 67 did not pursue a legitimate purpose and was disproportionate, given that it established a punitive penalty for foreigners who evade previous orders for deportation and, therefore, resulted in arbitrary detentions.[15]

    With the new 2008 law, which was adopted before the ruling in Velez Loor was rendered, Panama decriminalized unauthorized entry and re-entry. A similar legal trend can be observed in other countries in various regions, such as Hungary, Malta and Mexico.


    [1] International Organization for Migration (IOM). Website. “Missions of the Region: Panama.” http://costarica.iom.int/en/panama/mission_more_information/ (24 June 2015).

    [2] UN Department of Economic and Social Affairs (UNDESA). International Migration 2013 Wall Chart. http://www.un.org/en/development/desa/population/publications/migration/migration-wallchart-2013.shtml

    [3] O’Neil, Kevin, Kimberly Hamilton, and Demetrios Papademetriou (Migration Policy Institute). Migration in the Americas. September 2005. https://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/policy_and_research/gcim/rs/RS1.pdf

    [4] International Detention Coalition (IDC). 2014. INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014.

    [5] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014.

    [6] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014.

    [7] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014.

    [8] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014.

    [9] Servicio Nacional de Migración. Flujo Migratorio de Extracontinentales tránsito por las Américas. 2012. scm.oas.org/pdfs/2012/CP28856T.ppt

    [10] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014. International Detention Coalition (IDC). 2014. INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014.

    [11] Federacion Iberoamericana del Ombudsman. PANAMÁ: Defensoría del Pueblo inspecciona albergue masculino del Servicio Nacional de Migración. 2013. http://www.portalfio.org/inicio/noticias/item/13082-panam%C3%A1-defensor%C3%ADa-del-pueblo-inspecciona-albergue-masculino-del-servicio-nacional-de-migraci%C3%B3n.html

    [12] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014.

    [13] Inter-American Court on Human Rights. RESOLUCIÓN DE LA CORTE INTERAMERICANA DE DERECHOS HUMANOS DE 13 DE FEBRERO DE 2013; CASO VÉLEZ LOOR VS. PANAMÁ SUPERVISIÓN DE CUMPLIMIENTO DE SENTENCIA. 2013. http://www.corteidh.or.cr/docs/supervisiones/Velez_13_02_13.pdf

    [14] Appel, Carolina (Servicio Jesuita a Refugiados Panama). Global Detention Project Questionnaire. January 2014.

    [15] INTER-AMERICAN COURT OF HUMAN RIGHTS. VÉLEZ LOOR v. PANAMA. 23 NOVEMBER 2010. http://www.corteidh.or.cr/docs/casos/articulos/seriec_218_ing.pdf. Para. 167, 169, 171, and 172.

    DETENTION STATISTICS

    Total Migration Detainee Entries: Flow (year)
    Not Available
    2020
    Total Migration Detainees: Flow + Stock (year)
    Not Available
    2020
    Reported Population (Day)
    2,527
    2020

    DETAINEE DATA

    Countries of Origin (Year)
    Colombia (Nicaragua) Venezuela Cuba Ecuador
    2020
    Total Number of Children Placed in Immigration Detention (Year)
    0
    2017

    DETENTION CAPACITY

    Immigration Detention Capacity (Specialised Immigration Facilities Only)
    90
    2014
    Number of Dedicated Immigration Detention Centres
    2
    2015

    ALTERNATIVES TO DETENTION

    ADDITIONAL ENFORCEMENT DATA

    Number of Deportations/Forced Removals (Year)
    391
    2020
    Number of Voluntary Returns & Deportations (Year)
    1,586
    2020

    PRISON DATA

    Criminal Prison Population (Year)
    17,165
    2016
    14,170
    2013
    12,293
    2010
    11,345
    2007
    11,400
    2004
    9,626
    2001
    8,191
    1998
    6,607
    1995
    4,428
    1992
    Percentage of Foreign Prisoners (Year)
    10.1
    2014
    9.9
    2012
    Prison Population Rate (per 100,000 of National Population)
    421
    2016
    383
    2013
    349
    2010
    337
    2007
    356
    2004
    318
    2001
    286
    1998
    245
    1995
    174
    1992

    POPULATION DATA

    Population (Year)
    4,300,000
    2020
    3,929,000
    2015
    3,600,000
    2012
    International Migrants (Year)
    185,072
    2019
    184,700
    2015
    158,400
    2013
    International Migrants as Percentage of Population (Year)
    4.7
    2015
    4.1
    2013
    Refugees (Year)
    2,536
    2019
    2,518
    2018
    2,432
    2017
    17,292
    2016
    17,322
    2015
    17,665
    2014
    Ratio of Refugees Per 1000 Inhabitants (Year)
    4.35
    2016
    4.7
    2014
    4.74
    2012
    New Asylum Applications (Year)
    9,726
    2019
    3,457
    2016
    1,184
    2014
    756
    2012
    Refugee Recognition Rate (Year)
    70.7
    2014
    Stateless Persons (Year)
    2
    2018
    2
    2014

    SOCIO-ECONOMIC DATA & POLLS

    Gross Domestic Product per Capita (in USD)
    11,948
    2014
    11,037
    2013
    Remittances to the Country
    760
    2014
    615
    2011
    Remittances From the Country
    486
    2010
    Unemployment Rate
    2014
    Human Development Index Ranking (UNDP)
    60 (High)
    2015
    65 (High)
    2014

    MIGRATION-RELATED DETENTION

    Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
    Yes
    2020

    GOVERNANCE SYSTEM

    Legal Tradition(s)
    Civil law
    Federal or Centralised Governing System
    Centralized system
    2015
    Centralised or Decentralised Immigration Authority
    Centralized immigration authority
    2014

    LEGAL & REGULATORY FRAMEWORK

    Do Migration Detainees Have Constitutional Guarantees?
    Yes (Constitution of the Republic of Panama, articles 21-23) 2004 2004
    2004 1972
    Detention-Related Legislation
    Executive Decree No. 26 of 2 March 2009 2009
    Law Decree No. 3 of 22 February of 2008 ("Nueva Ley de Migración") 2008
    Executive Decree No. 320 of 8 August 2008 2008

    GROUNDS FOR MIGRATION-RELATED DETENTION

    Immigration-Status-Related Grounds
    Detention to effect removal
    2015
    Detention for unauthorised entry or stay
    2015
    Detention for unauthorized stay resulting from criminal conviction
    2015
    Non-Immigration-Status-Related Grounds in Immigration Legislation
    Detention on public order, threats or security grounds
    2015
    Has the Country Decriminalised Immigration-Related Violations?
    Yes
    2014
    Children & Other Vulnerable Groups
    Asylum seekers (Not mentioned) Yes
    2015
    Accompanied minors (Prohibited) No
    2014
    Unaccompanied minors (Prohibited) No
    2014
    Re-Entry Ban
    Yes
    2015

    LENGTH OF MIGRATION-RELATED DETENTION

    Maximum Length of Administrative Immigration Detention
    Number of Days: 540
    2015

    MIGRATION-RELATED DETENTION INSTITUTIONS

    Custodial Authorities
    Servicio Nacional de Migración (Ministerio de Seguridad Pública ) Internal or Public Security
    2014
    Servicio Nacional de Migración (Ministerio de Seguridad Pública ) Internal or Public Security
    2014
    Direccion Nacional de Migracion y Naturalizacion (Ministerio de Gobierno y Justicia) Interior or Home Affairs
    2007
    Detention Facility Management
    Servicio Nacional de Migración (Governmental)
    2014
    Servicio Nacional de Migración (Governmental)
    2014
    Direccion Nacional de Migracion y Naturalizacion (Governmental)
    2007
    Formally Designated Detention Estate?
    Yes (Dedicated immigration detention facilities)
    2015
    Types of Detention Facilities Used in Practice
    Immigration detention centre (Administrative)
    2014

    PROCEDURAL STANDARDS & SAFEGUARDS

    Procedural Standards
    Information to detainees (Yes)
    2015
    Right to legal counsel (Yes)
    2015
    Access to free interpretation services (No) No
    2014
    Access to consular assistance (Yes) Yes
    2014
    Access to asylum procedures Yes
    2014
    Independent review of detention (No) No
    2014
    Complaints mechanism regarding detention conditions (No) No
    2014
    Compensation for unlawful detention No
    2014
    Right to appeal the lawfulness of detention (Yes) Yes
    2014
    Types of Non-Custodial Measures (ATDs) Provided in Law
    Supervised release and/or reporting (Unknown) Yes
    2014
    Impact of Legal ATDs on Overall Detention Rates
    Unknown (Alternatives rarely applied)
    2014

    DETENTION MONITORS

    Types of Authorised Detention Monitoring Institutions
    Servicion Jesuita a Refugiados (SJR) Panama (Non-Governmental Organizations (NGO))
    2014
    Defensoría del Pueblo (National Human Rights Institution (or Ombudsperson) (NHRI))
    2013

    > National human rights monitoring bodies

    > National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

    > Non-governmental organisations (NGOs)

    Non-Governmental Organisations (NGOs) that Carry Out Detention Monitoring Visits
    Yes
    2014
    Do NGOs publish reports on immigration detention?
    Yes
    2013

    > Governmental monitoring bodies

    > International detention monitoring

    TRANSPARENCY

    READMISSION/RETURN/EXTRADITION AGREEMENTS

    COVID-19

    HEALTH CARE

    COVID-19 DATA

    Has the country released immigration detainees as a result of the pandemic?
    No
    2020

    Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
    No
    2020

    Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
    COVID-19 Testing: UnknownVaccinations: UnknownProvision of Masks: UnknownProvision of Hygiene Supplies: UnknownSuspension of Visits: Unknown
    2021

    Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
    Unknown
    2021

    Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
    Yes
    2020

    Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
    Unknown
    2021

    Has the Country Released People from Criminal Prisons During the Pandemic?
    Yes
    2021

    Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
    Unknown
    2021

    Has the Country Restricted Access to Asylum Procedures?
    Unknown
    2021

    Has the Country Commenced a National Vaccination Campaign?
    Yes
    2021

    Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
    People in Immigration Custody (including legal in "alternatives to detention" or at open reception centres): UnknownRefugees: UnknownUndocumented Migrants: Not ApplicableAsylum Seekers: UnknownStateless People: Unknown
    2021

    INTERNATIONAL TREATIES

    International Treaties Ratified
    Ratification Year
    Observation Date
    OP CRC Communications Procedure
    2017
    2017
    OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    2011
    2011
    CRSSP, Convention Relating to the Status of Stateless Persons
    2011
    2011
    ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
    2011
    2011
    CRPD, Convention on the Rights of Persons with Disabilities
    2007
    2007
    CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
    2004
    2004
    CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
    2004
    2004
    CRC, Convention on the Rights of the Child
    1990
    1990
    CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    1987
    1987
    CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
    1981
    1981
    CRSR, Geneva Convention Relating to the Status of Refugees
    1978
    1978
    PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
    1978
    1978
    ICCPR, International Covenant on Civil and Political Rights
    1977
    1977
    ICESCR, International Covenant on Economic, Social and Cultural Rights
    1977
    1977
    ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
    1967
    1967
    VCCR, Vienna Convention on Consular Relations
    1967
    1967
    Ratio of relevant international treaties ratified
    Ratio: 16/19
    Individual Complaints Procedures
    Acceptance Year
    ICERD, declaration under article 14 of the Convention 2015
    2015
    CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2007
    2007
    CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2001
    2001
    ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1977
    1977
    Ratio of Complaints Procedures Accepted
    Observation Date
    4/8
    4/8
    Relevant Recommendations Issued by Treaty Bodies
    Recommendation Year
    Observation Date
    Committee on the Rights of the Child § 35. "The Committee recalls its previous concluding observations (see CRC/C/PAN/CO/3-4, para. 65) and recommends, in line with its general comments No. 22 (2017) on the general principles regarding the human rights of children in the context of international migration and No. 23 (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, issued jointly with the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, that the State party: (a) Ensure the effective participation of migrant, asylum-seeking and refugee children in all decisions that concern them; (b) Take all necessary measures to avoid immigration detention of children and guarantee that the best interests of the child are taken as a primary consideration in immigration law, in the planning, implementation and assessment of migration policies, and in decision-making in individual cases, in particular with respect to non-refoulement obligations; (c) Expedite the adoption and implementation of protocols establishing a child-sensitive inter-institutional refugee status determination procedure which includes specific safeguards for unaccompanied asylum-seeking and refugee children, especially in border areas; (d)Take measures to ensure that asylum-seeking and refugee children have access to education, in line with article 91 of the Constitution of the State party, including by granting them access to the Beca Universal; (e) Develop campaigns to counter hate speech against asylum seekers and refugees, particularly children."... 2018
    2018

    NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

    Relevant Recommendations from the UN Universal Periodic Review
    Observation Date
    No 2011
    2017
    No 2015
    Yes 2020

    REGIONAL HUMAN RIGHTS MECHANISMS

    Regional Legal Instruments
    Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
    Observation Date
    IACPPT, Inter-American Convention to Prevent and Punish Torture 1991
    1991
    IACFDP, Inter-American convention on Forced Disappearance of Persons 1995
    1995
    CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1995
    1995
    APACHR, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights 1992
    1992
    ACHR, American Convention on Human Rights 1978
    1978

    DETENTION COSTS

    OUTSOURCING

    FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS