R 101552Z MAR 09
FM AMEMBASSY PANAMA
TO SECSTATE WASHDC 3115
INFO AMEMBASSY BOGOTA 
HOMELAND SECURITY CENTER WASHINGTON DC
CDR USSOUTHCOM MIAMI FL
CIA WASHDC
DIA WASHDC
JOINT STAFF WASHINGTON DC
NSC WASHDC
SECDEF WASHDC

C O N F I D E N T I A L PANAMA 000196 
 
 
E.O. 12958: DECL: 02/09/2019 
TAGS: PGOV PREL PREF PHUM PTBS SOCI PM
SUBJECT: PANAMA: PLANS FOR NORMALIZATION FOR COLOMBIANS 
UNDER PROTECTED STATUS 
 
REF: PANAMA 33 
 
Classified By: Ambassador Barbara Stephenson for reasons 1.4 (b) and (d) 
 
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SUMMARY 
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¶1.  (C) The GOP planned to offer legal immigrant status to 
individuals living in the Darien region under Temporary 
Humanitarian Protection (THP) status, said MFA DG of Exterior 
Policy Javier Bonagas told POLOFF on February 20.  The 
official census of THP persons taken in 2004 counted 542 
Colombians under THP, along with 284 Panamanian family 
members.  According to Bonagas, the numbers of persons living 
under the THP regime had fallen dramatically.  The draft 
legislation should be considered in the National Assembly in 
late March or April.  There were no plans to extend permanent 
status to any other groups.  The indigenous families living 
in Alta Playona who were recently denied refugee status for 
the second time would not be part of this group and would not 
be affected by the proposed legislation. 
 
¶2.  (C) The status and conditions of the persons living under 
THP and their families has been a major preoccupation for 
NGOs and the international community for some time.  Plans to 
normalize their status will be welcome news in the 
international community if Bonagas' plans come to fruition. 
In a wide-ranging series of interviews with representatives 
of the United Nations High Commission on Refugees (UNHCR), 
the Norwegian Refugee Council, the International Organization 
for Migration, the National Office for the Attention of 
Refugees (ONPAR), the Jesuit Service for Refugees, the 
American Red Cross and the People's Legal Assistance Center's 
Program for Refugees, POLOFF heard echoed from each group 
shared concerns about the precarious legal and security 
situation of the persons living under THP in the remote 
Darien region of Panama. 
 
--------------------------- 
Temporary Protection Regime 
--------------------------- 
 
¶3.  (U) The "Temporary Humanitarian Protection" (THP) regime 
was created in 1998 by Executive Decree 23 to address 
influxes of persons who had crossed the border from Colombia 
seeking refuge from the internal conflicts in that country. 
The same decree also created the National Office for the 
Attention of Refugees (ONPAR), the government agency with the 
responsibility for carrying out government policy related to 
refugees as well as persons under THP.  Under the THP regime, 
groups of individuals are given temporary humanitarian leave 
to live in Panama for a period of two months without 
permission to work or attend school.  In practice, the 
two-month limit has never been enforced, as many persons 
under THP have lived in the Darien for nearly 10 years. 
 
¶4.  (C) Panamanian law clearly states that beneficiaries of 
THP status do not/not have "the same rights and benefits 
given to refugees under international conventions." 
Furthermore, the THP law does not specifically authorize 
protected individuals to legally work, attend school, or 
travel without the express permission of a GOP 
representative.  The primary concern of NGOs is the lack of 
mobility for individuals under THP, according to Osiris 
Abrego of the Jesuit Service for Refuges.  As they cannot 
legally work, most persons under THP work illegally as 
fishermen or seasonal agriculture workers.  Some women work 
as artisans, creating indigenous handicrafts.  To fill in the 
gaps, they receive food aid from UNHCR, IOM and other 
organizations what also run projects providing safe drinking 
water, gas stoves and medical supplies as well as 
constructing emergency shelters and providing transportation 
to Panama City to process THP paperwork. 
 
-------------- 
Who and Where? 
-------------- 
 
¶5.  (C) According to an official census taken under the 
auspices of ONPAR and Colombian officials in June of 2004, 
542 Colombians live under the THP regime in the Darien with 
their 284 Panamanian family members, for a total of 826 
individuals and 198 families.  These families live in the 
communities of La Palma (7 families), Yaviza (20 families), 
Puerto Obaldia (27 families), El Real (4 families), Yape (15 
families), Boca de Cupe (47 families) and Jaque (78 
families).  The ethnic background of the individuals is 
primarily indigenous and Afro-Colombian (concentrated in 
Central Darien near Yaviza and Boca de Cupe).  A new census 
was undertaken in November and December of 2008 by ONPAR. 
Although the results of the census have not yet been 
released, Plutarco Pedreschi, interim Director of ONPAR 
reported to POLOFF on January 15 that the numbers of persons 
under THP had gone down significantly in all parts of the 
Darien.  The Colombians under THP in Puerto Obaldia are now 
32 (81 in 2004); in Jaque now there are 121 Colombians 
registered under THP (214 in 2004), and in the Yaviza/El 
Real/Yape/Boca de Cupe region, where there were once 238 
Colombians, there are now 202. 
 
¶6.  (C) Jean-Philippe Antolin of IOM expressed skepticism of 
these numbers, claiming that ONPAR "would not open its eyes" 
to more recently-arrived Colombians needing international 
protection, and probably "did not look too hard" to find all 
of the Colombians listed in the 2004 census.  IOM, along with 
others such as Merete Hanson of the Norweigan Refugee 
Council, also expected that some Colombians had returned home 
to Colombia, or left their town of registration to seek 
employment opportunities elsewhere in Panama. "There are at 
least 200 more recently arrived Colombians scattered 
throughout these settlements," said Jose Euceda of UNHCR. 
Euceda concurred with the opinion that the GOP was not making 
much effort to locate illegal Colombians in the Darien, 
whether needing protection or not. 
 
¶7.  (C) All persons under THP living in the Darien now have 
Panamanian identification cards, according to Pedreshi of 
ONPAR. Until recently, persons under THP were not given 
identification by the GOP, leading to harassment by local 
police, said Antolin of IOM.  ONPAR had maintained for years 
that persons under THP should carry their Colombian 
identification cards and had no right to or need for 
Panamanian identification.  However, during the 2008 census, 
efforts were made to provide identification cards to all 
persons under THP.  Further, NGOs have long reported that 
many Panamanian children born to THP persons were not given 
birth certificates by local officials.  This has also been 
corrected, according to Pedreschi of ONPAR, as part of the 
November-December 2008 census.  All NGOs and international 
organizations interviewed greeted this news, of the ID cards 
and birth certificates, with some skepticism. 
 
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Immigrant Status for persons under THP 
-------------------------------------- 
 
¶8.  (C) A draft law is currently being circulated among 
government agencies by Javier Bonagas, Director General of 
Exterior Policy of the Ministry of Foreign Affairs, that 
would change the status of the Colombians from Temporary 
Humanitarian Protection (THP) to legal immigrants.  The 
administration and oversight of the individual cases would be 
transferred from the National Office for the Attention of 
Refugees (ONPAR) to the Migration Directorate, which is part 
of the Ministry of Government and Justice (MOGJ) said Bonagas 
in a February 20 interview.  Bonagas noted that many of the 
persons under THP could be admitted as permanent residents as 
spouses or children of Panamanian citizens, and said that the 
others could be admitted under "a humanitarian provision." 
The Migration Law (Law 3 of February 22, 2008) and the 
implementing regulations (Executive Decree 320 of August 8, 
2008) do not currently allow persons, other than those 
accepted as refugees, to apply for permanent residency for 
humanitarian reasons.  Under the regime proposed by Bonagas, 
the individuals would be given the same rights to work, move 
within the country and attend school as legal immigrants. 
¶9.  (C) Bonagas did not foresee any problems securing 
National Assembly support for the draft legislation in late 
March or early April.  Bongagas claimed also to be the author 
of Law 25, which was approved by the National Assembly in May 
2008, created a one-time process through which individuals 
who had been in refugee status for more than ten years could 
apply for permanent residency.  This legislation will benefit 
an estimated 733 persons, according to Pedreshi of ONPAR, 
most of whom are from Ecuador, Nicaragua, El Salvador and 
Guatemala, as well as some African nations. 
 
¶10.  (C) COMMENT:  The MFA and the MOGJ are the primary 
players in the debate over the status of persons under THP. 
Although POLOFF first learned of Bonagas' draft legislation 
from Plutarco Pedreshi of ONPAR, Pedreshi acknowledged that 
his office was an implementer only and would receive its 
marching orders from the Foreign Ministry (MFA).  Euceda of 
UNHCR has also said that any changes to the status of these 
individuals would need to come from the MFA, with the 
concurrence of MOGJ.  END COMMENT. 
 
---------------------------------- 
Life in the Darien - Tough for THP 
---------------------------------- 
 
¶11.  (C) All NGOs and international organizations interviewed 
expressed great concern for the safety and well-being of 
individuals living under THP in the Darien.  The general 
dearth of GOP presence for all Darien residents is evident in 
the poor quality of health and education facilities and lack 
of safety and security provided.  This situation negatively 
affects those living under THP even more than Panamanian 
citizens as THPs require government permission to travel 
outside of their village of registration, asserted 
Jean-Philippe Antolin of IOM and echoed by every other NGO 
and international organization providing services in the 
Darien.  To receive permission to travel, most persons must 
petition one of the three ONPAR regional offices, located in 
El Real, Boca de Cupe and Jaque.  Jose Euceda of UNHCR noted 
that he has encouraged ONPAR to open a regional office in 
Puerto Obaldia, a major transit area located on the Caribbean 
coast directly on the border with Colombia, to no avail. 
Although persons under THP living near Puerto Obaldia (120 
total, according to the 2004 census) are supposed to travel 
overland El Real to receive permission to travel, they can 
also receive it by visiting the local police station. 
 
¶12.  (C) Local health centers can be found in Yaviza, El 
Real, Jaque, Boca de Cupe and Obaldia.  Persons under THP 
have no right to GOP-funded health services, but often 
receive them if local health officials are willing to provide 
them.  For advanced treatment, persons under THP must receive 
permission to travel from local officials, but NGOs report 
that they often cannot afford the gasoline needed to 
transport them to locations where treatment is available. 
Further, Antolin of IOM reported that public health services 
were repeatedly shut down in Jaque in 2007 and 2008 due to 
threats from the FARC. 
 
¶13.  (C) All Darien residents, including those under THP, 
suffer from the general lack of public secondary education. 
Education beyond sixth grade can only be found in the larger 
towns, such as Jaque, Yaviza and Puerto Obaldia.  In order to 
attend, children must board - at their parents' expense - in 
the larger cities. 
 
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Safety - a central concern 
-------------------------- 
 
¶14.  (C) A Colombian citizen living under THP in the town of 
Boca de Cupe was murdered by guerillas from the FARC's 57th 
Front on February 18, according to Claudio Delfabro of UNHCR 
and press reports.  Three guerillas reportedly killed 
Aureliano Sepulveda, who had been living in Boca de Cupe 
since 1996 and was described by Delfabro of UNHCR as a 
prominent community leader of the THP population in that 
village. 
 
¶15.  (C) The quality and quantity of police presence was 
generally considered by the NGOs to be negligible to 
non-existent, a matter of significant concern not only for 
THP beneficiaries but for Panamanians in general in the 
region.  The persons living under THP, like other Darien 
residents, have no expectation that the National Police will 
protect them from the FARC, according to Antolin of IOM. 
Most interaction with the police comes in the form of 
harassment, according to Roberto Briton of the American Red 
Cross, because most persons living under THP, until recently, 
did not have Panamian-produced identification cards and the 
police officers, most of whom come from the interior of the 
country, have prejudice against Colombians.  "They hate the 
FARC, but what are they going to do?" asked Briton.  "They 
have to get along somehow." 
 
¶16.  (C) IOM, in conjunction with NRC, has established a "web 
of community monitors" in three different Darien communities 
who are in contact with IOM staff member Eduardo Silgado 
approximately every 10 days in order to keep tabs on large 
influxes of individuals and internal displacement events. 
This network has also reported the movement of armed elements 
that caused the international displacement of 200-400 
indigenous Panamanians (Reftel A).  This pilot poject is 
currently operating with only Silgado of IOM as the point of 
contact. 
 
----------------------------------- 
No help planned for Embera families 
----------------------------------- 
 
¶17.  (C) Sixty-two individuals (10 families), of the 
Embera-Wounaan indigenous group who have been living in Alta 
Playona since 2005 were denied refugee status for the second 
time in October 2008 by Panama's National Eligibility 
Commission, an inter-agency Committee which formally extends 
refugee status on the recommendation of ONPAR.  According to 
Jean-Philippe Antolin of IOM, the leader of these indigenous 
families had come into conflict with a FARC leader in the 
Choco district of Colombia.  As a result, their leader was 
murdered and several group members were locked in a church 
and burned to death.  The remaining members fled via the 
Bohaya river and found their way to Alta Playona. 
Originally, twelve families arrived in Alta Playona, but two 
families have since returned to Colombia or disappeared into 
Panama, according to UNHCR's Euceda.  The results have not 
yet been publicly disclosed. 
 
¶18.  (C) The GOP has no plans to offer refugee or other 
special status to this group, according to Bonagas.  "They 
are not refugees, but economic migrants," said Bonagas, who 
noted that these indigenous groups with representation in 
Panama and Colombia have always traveled freely between the 
two countries with little regard for international borders. 
He continued by noting "Some international groups do not 
think we take enough refugees and went out looking" for a 
group to represent their cause.  He continued by stating 
"They are not refugees and will not get refugee status." 
(COMMENT:  Bonagas did not name UNHCR but clearly implied 
that he thought that UNHCR had sought out this sympathetic 
group in an effort to put on a face on Panama's perceived 
hostility to refugees, and convinced the 10 families to apply 
for refugee status.  In prior interviews, UNHCR 
representatives Euceda and Delfabro have told POLOFF that 
they were the first to tell the Embera of Alta Playona of 
their potential status as refugees fleeing political 
violence.  END COMMENT) 
 
------------------------------------- 
Ongoing Concerns with Refugee Process 
------------------------------------- 
 
¶19.  (C) Even if the Colombians living under THP do receive 
permanent status in Panama, concerns about the refugee 
recognition process in Panama will remain.  ONPAR is 
universally described as slow, bureaucratic and opaque by 
international organizations and NGOs that work with refugee 
candidates.  Individuals seeking refugee status must first 
undergo an "administrative review" process in which an ONPAR 
employee reviews their application.  Between 50%-90% of the 
applications are refused at this time, according to NGOs 
working with refugee applicants.  All organizations 
interviewed agree that a substantial number of applications 
are rejected during this initial administrative review, 
although they concede that it is impossible to know the exact 
number.  ONPAR claims not to keep data on the number of 
applications rejected during this review process, and 
Pedreshi of ONPAR claims that the process weeds out "clearly 
ineligible" applicants that "do not meet the definition of 
refugee" under Panamanian law.  There is no requirement that 
a reason be given for this refusal, and rejected applicants 
had only the option to appeal to the same staff who had heard 
their initial request. 
 
¶20.  (U) Applicants who pass the initial screening have their 
applications reviewed by the National Commission for the 
Protection of Refugees, or National Eligibility Commission 
(NEC) which votes on official recognition of an applicant's 
claim.  The Committee, whose membership includes the below 
listed individuals, approves or denies applications upon 
recommendations of ONPAR staff. 
 
Voting Members: 
Vice Minister, Ministry of Government and Justice 
Vice Minister, Ministry of Foreign Affairs 
Vice Minister for Work, Ministry of Labor 
Director of Migration, Ministry of Government and Justice 
Director General of External Policy, Ministry of Foreign 
Affairs 
Director General of Employment, Ministry of Labor 
Executive Director of the Panamanian Red Cross 
Representative of the National Police 
 
Observing Members with speaking rights: 
Regional Representative of UNHCR 
Director of ONPAR 
Director General of International Organizations, Ministry of 
Foreign Affairs 
 
¶21.  (U) If denied by the Commission, applicants have 5 days 
to appeal back to the Commission.  Further appeals can be 
made to the Minister of Government and Justice and finally to 
the courts, although post is not aware of any denied case 
ever using the final two options.  The Commission, by law, 
must meet every three months, but in practice meets less 
often, having met only twice in 2008.  The deliberations of 
the Commission are not open to the public. 
 
¶22.  (C) UNHCR criticizes the extremely small number of 
refugees admitted by ONPAR.  Currently, approximately 1000 
people have official refugee status in Panama.  Pedreshi of 
ONPAR reported to POLOFF that ONPAR accepts (after the 
initial screening process) 200-300 individual applications 
per year.  According to UNHCR, an observing member of the 
NEC, the final tally for 2008 was as follows: 
 
March NEC Meeting 
Cases considered -  20 (99 people) 
Recognized - 2 cases (11 people) 
Denied - 16 cases (79 people) 
More information requested - 2 cases (9 people) 
 
October NEC Meeting 
Cases considered - 20 (94 people) 
Recognized - 5 cases (23 people) 
Denied - 13 cases (65 people) 
More information requested - 2 cases (6 people) 
 
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COMMENT 
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¶23.  (C) The involvement of Bonagas indicates that the GOP is 
taking seriously efforts to normalize the status of the 
Colombians living under THP in the Darien.  Bonagas seemed 
confident that the National Assembly would easily pass his 
plan, despite the upcoming May 3 elections and election-year 
sensitivities about "criminal Colombians."  Indeed, Law 25, 
which was drafted by Bonagas and gave permanent resident 
status to more than 700 persons who have held the status of 
refugee for more than 10 years, was passed into law with 
little public comment.  However, the results of ONPAR's 
census of November-December 2008 have yet to be released, and 
it remains to be seen whether the drop in numbers of 
Colombians living under THP is a result of individuals 
choosing to return to Colombia or because ONPAR is willfully 
not seeking them out to be counted.  Any normalization 
efforts that go forward will account only for individuals 
listed in the official ONPAR census of 2008.  NGOs and 
international organizations involved in this issue seem to 
agree that any action the GOP might take would be in the 
interest of removing an irritating thorn from their side and 
turning unwanted international attention away from refugees 
and the Darien. 
 
 
STEPHENSON