Legal framework on freedom of religion and actual application
The Preamble to the Panamanian Constitution invokes God's protection. According to Article 35, “All religions may be professed and all forms of worship practiced freely, without any other limitation than respect for Christian morality and public order. It is recognised that the Catholic religion is practiced by the majority of Panamanians.”
The Constitution stipulates that “there shall be no public or private privileges, or discrimination, by reason of race, birth, social class, handicap, sex, religion or political ideology” (Article 19).
Notwithstanding the duties inherent to their mission, ministers of religion “may hold public posts only when such positions are related to social welfare, public education, or scientific research” (Article 45). It is illegal to establish political parties based on religion (Article 139).
Before taking office, the President and Vice President take the oath of office with the words set out in Article 181: “I swear to God and to the country to comply faithfully with the Constitution and the laws of the Republic.” However, Article 181 states that citizens who do not profess religious beliefs can dispense with the invocation of God in the oath.
According to Article 36, “Religious organizations have juridical capacity and manage and administer their property within the limits prescribed by law, the same as other juridical persons.”
According to Article 94, both public and private schools “are open to all students without distinction of race, social position, political ideology, [or] religion.”
Article 107 of the Constitution stipulates that “The Catholic religion shall be taught in public schools.” However, “students shall not be obliged to attend religion classes, nor to participate in religious services” if their parents or guardians do not wish it.
Incidents and developments
In May 2021, the Tax Administrative Court accepted the appeal of the Church of Jesus Christ of Latter-day Saints and granted tax exemptions for assets used by the Church.
In September, the Ministry of Health authorised churches, temples, parishes, and chapels to increase their capacity to 50 percent, or 80 percent if everyone attending services was fully vaccinated. Subsequently, in March 2022, it announced that large-scale religious activities were allowed, so long as health protocols were respected (masks worn, hand sanitation, etc.).
In September, the Ecumenical and Interreligious Committee of Panama (COEPA) expressed its concern about electoral reform before the National Assembly and called for democracy to be safeguarded.
In October, health, religious, and government authorities jointly agreed not to carry out the procession of the Black Christ of Portobello in order to reduce the risks of COVID-19 contagion.
That same month, Panamanian President Laurentino Cortizo met with the COEPA to report on the COVID-19 vaccination program and strategies for economic recovery.
On 31 December 2021, a group of people prevented the celebration of Mass at the San Felipe Neri Church in Portobelo, demanding changes to the Mass schedule. In a statement, the bishop of Colón-Kuna Yala said that a group of Catholics tried to take over and violate the place of worship, uttering blasphemies against the Eucharist and threatening and insulting the parish priest.
In the same month, seven members of the New Light of God religious sect were sentenced to 50 years in prison for the murder of a pregnant woman and six minors as part of a ritual in January 2020.
In January 2022, the Catholic Bishops’ Conference of Panama came out in favour of Law 567 for the protection of children and teenagers, highlighting that the legislation recognised the family as the primary place for growth and development.
In April, the president met with the Jewish Business Network (Red Empresarial Judía), and in July, the government asked the Catholic Church to chair a roundtable convened to seek solutions to the high cost of living.
In May, Law 301 came into effect. It established measures for the integral development of indigenous peoples and stipulated that development plans and projects for indigenous territories and communities must be designed and implemented, showing respect for their worldview and culture.
In June, the Catholic Church announced a campaign of support for migrants as a result of the rapidly increasing numbers. The concerns by Church leaders were confirmed by the Colombian People’s Ombudsman who in October stated, “this year the migration crisis is much more serious than last year. The number of people on the move that have headed to Panama exceeds 150,000 compared [with] the 134,000 migrants in 2021.”
In July, the Catholic Church celebrated Corpus Christi in Panama City’s Old Quarter (Casco Antiguo). There was a procession with dances and cultural expressions that are recognised as part of the Intangible Heritage of Humanity of UNESCO.
Prospects for freedom of religion
In the period examined, no significant incidents of religious discrimination were recorded. The ongoing cooperation between government and faith groups addressing social issues of common concern reveals the positive environment for the human right of religious freedom in Panama.
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