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Panama State Agencies and the Regulation of Public Employees
In addition to the three branches of government, the state
apparatus includes numerous independent or quasi-independent
agencies and institutions that function in a variety of ways. The
most important of these is the three-member Electoral Tribunal. The
Constitution provides that the executive, legislative, and judicial
branches of government will each select one of the members of this
body. The tribunal is charged with conducting elections, tabulating
and certifying their results, regulating, applying, and
interpreting electoral laws, and
passing judgment on all allegations of violations of these laws.
The tribunal also conducts the registration of voters and the
certification of registered political parties and has jurisdiction
over legal disputes involving internal party elections. Its
decisions are final and may be appealed only in cases where the
tribunal is charged with having violated constitutional provisions.
Although the tribunal may pass judgment on charges of violations of
electoral laws and procedures, the prosecution of those charged
with such violations is in the hands of the electoral prosecutor,
an individual independent of the tribunal who is appointed by the
president for a single term of ten years.
While autonomous in theory, in practice the Electoral Tribunal
has consistently followed the dictates of the government and the
FDP. This was exemplified most clearly in the decision to certify
the results of the 1984 elections, dismissing all charges of fraud
and other irregularities. The position of the electoral prosecutor
is even more subject to administrative control. The opposition
parties consistently have attacked the lack of independence of the
tribunal and the prosecutor and have refused to participate in
tribunal-controlled projects aimed at reforming the electoral code
in preparation for the 1989 elections. President Eric Arturo
Delvalle Henríquez urged broad participation in such efforts and
promised to appoint a member of the opposition to the tribunal, but
such actions did not satisfy the opposition. The tribunal, itself,
has declared that it is not provided adequate funds for the tasks
with which it is charged.
The Constitution also provides for an independent comptroller
general who serves for a term equal to that of the president and
who may be removed only by the Supreme Court. The comptroller is
charged with overseeing government revenues and expenditures and
investigating the operations of government bodies. Although
independent in theory, in practice holders of this office have
virtually never challenged government policy.
Quasi-independent governmental commissions and agencies include
the National Bank of Panama; the Institute of Hydraulic Resources
and Electrification, which is in charge of the nation's electrical
utility; the Colón Free Zone; and the University of Panama. Other
state agencies and autonomous and semiautonomous agencies function
in various capacities within the social and economic system of the
nation.
Public employees, defined by the Constitution as "persons
appointed temporarily or permanently to positions in the Executive,
Legislative, or Judicial Organs, the municipalities, the autonomous
and semiautonomous agencies; and in general those who collect
remuneration from the State" are all to be Panamanian citizens and
are governed by a merit system. The Constitution prohibits
discrimination in public employment on the basis of race, sex,
religion, or political affiliation. Tenure and promotion, according
to Article 295, are to "depend on their competence, loyalty, and
morality in service." Several career patterns relating to those in
public service are outlined and standardized by law. The
Constitution also identifies numerous individuals, including high
political appointees, the directors and subdirectors of autonomous
and semiautonomous agencies, secretarial personnel, and temporary
employees, who are exempted from these regulations. In addition,
the Constitution stipulates that a number of high government
officials, including the president and vice president, Supreme
Court justices and senior military officials, must make a sworn
declaration of their assets on taking and leaving office. In
practice, these provisions often are ignored or circumvented.
Public employment is characterized by favoritism, nepotism, and a
tendency to pad payrolls with political supporters who do little if
any actual work.
Data as of December 1987
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