[ Human Trafficking, Country-by-Country ]

PANAMA (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Panama does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  The government demonstrated overall increasing efforts compared to the previous reporting period, considering the impact, if any, of the COVID-19 pandemic on its anti-trafficking capacity; therefore Panama remained on Tier 2.  These efforts included convicting and sentencing three traffickers to adequate penalties under the anti-trafficking statute and supporting victims’ right to restitution from traffickers.  The government identified five Panamanian trafficking victims despite ordinarily focusing on foreign victims; implemented a policy to make foreign victims’ dependents eligible for residency permits; and sought survivor input in victim protection efforts.  However, the government did not meet the minimum standards in several key areas.  Authorities identified fewer victims and did not prosecute any traffickers.  The government did not amend the anti-trafficking law to remove the requirement of movement to constitute a trafficking crime, which perpetuated misconceptions about trafficking and conditioned the government’s anti-trafficking efforts, such that law enforcement inadequately investigated internal trafficking cases and plausibly failed to identify some internal trafficking victims.

Prioritized Recommendations

Remove the requirement of movement from the statutory definition of trafficking in persons under the criminal code.

Proactively identify trafficking victims, including among Panamanians exploited within the country, migrants, Indigenous communities, domestic workers, and other vulnerable groups.

Vigorously investigate and prosecute, and, as appropriate, convict traffickers, including those involved in child sex tourism.

Amend the anti-trafficking law to include force, fraud, or coercion as essential elements of the crime rather than aggravating factors.

Allocate dedicated funding for specialized victim services, including through the special fund for trafficking victims and monetary support for civil society organizations.

Complete and implement the draft SOP to guide prosecutors and judges in trafficking cases.

Train law enforcement and prosecutors to investigate and prosecute traffickers using the trafficking offense rather than lesser offenses.

Establish and fund a specialized trafficking shelter.

Increase training for government officials in victim identification and referral, including proactive screening of vulnerable populations and individuals in commercial sex.

Train judges to understand the importance of restitution in trafficking cases.