In April US Secretary of State Antony Blinken paid a visit to Panama where he met President Laurentino Cortizo, signed a bilateral accord on migration and co-hosted a ministerial meeting on migration, attended by representatives from 20 countries. His visit and the meeting reflect US efforts to address the issue of illegal migration - a top priority for the administration led by President Joe Biden with regard to the region. It comes as Panama has signalled alarm about the surge in migrants making their way through the Darién Gap, a dense jungle without roads bordering Colombia, which last August led Panama to hold an unprecedented virtual regional meeting to address the issue [SSR-21-10].
With US Customs and Border Protection (CBP) reporting the highest monthly total of undocumented migrants at the US-Mexico border in March 2022 since Biden took office in January 2021 (221,303), Panama has repeatedly highlighted the strains on its own institutions as record numbers of migrants enter the country through the Darién Gap. According to a report published on 29 March by the United Nations High Commissioner for Refugees (UNHCR), 8,456 people crossed the Darién Gap in the first two months of 2022, nearly triple the 2,928 reported in the first two months of 2021. The same UNHCR report notes that refugees and migrants of various nationalities have been crossing the Darién Gap for years, but 2021 saw record numbers, with some 133,000 making the journey last year. It adds that the large majority are from Haiti - including their children born in Chile and Brazil, followed by Cubans, Venezuelans and those from outside Latin America from countries such as Angola, Bangladesh, Ghana, Uzbekistan and Senegal. The UNHCR notes that the majority were on the move due to the socio-economic impacts of the coronavirus (Covid-19) pandemic.
Unlike the previous US administration led by Donald Trump (2017-2021), which pursued hard-line anti-migrant policies, the Biden government is seeking to address the longer-term causes of illegal migration, unveiling a four-year US$4bn plan for Central America last year and more generally echoing calls by countries such as Panama for the issue to be addressed on a more comprehensive, regional basis. The US delegation headed up by Blinken, which visited Panama on 19 and 20 April, accordingly included top officials, including US Secretary of Homeland Security Alejandro Mayorkas and representatives from the US State Department, National Security Council (NSC), US Agency for International Development (USAID), and Department of Homeland Security (DHS).
Following the ministerial meeting, Blinken said that “we talked about some of the most urgent aspects of this issue, including helping stabilise and strengthen communities that are hosting migrants and refugees; creating more legal pathways to reinforce safe, orderly, and humane migration; dealing with the root causes of irregular migration by growing economic opportunity, fighting corruption, increasing citizen security, combating the climate crisis, improving democratic governance that’s responsive to people’s needs”. He also announced the inking of a bilateral arrangement by Panama and the US “to increase our bilateral cooperation across all of these issues”.
The Panama summit follows other regional summits held in recent months to address the issue on a regional basis. Following the August 2021 Panama summit [SSR-21-10], a ministerial meeting took place in October 2021 in Colombia. More recently, in March Costa Rica’s outgoing president Carlos Alvarado hosted a meeting attended by Cortizo and Dominican peer Luis Abinader along with top US officials as part of the alliance for development in democracy (ADD) which was launched in September 2021 by the three countries and US (see sidebar). The March meeting produced the first bilateral arrangement on migration inked by the US and Costa Rica. More generally both the Costa Rican and Panama summits as well as initiatives such as ADD, reflect US efforts to boost ties with alternative partners in Central America as democracy concerns intensify in countries such as El Salvador, Guatemala and Nicaragua.
Mixed messages over protection of migrants in the Darién
On 17 and 18 March a delegation from the Costa Rican-based Inter-American Court of Human Rights (Corte-IDH) visited Panama and the Darién province, to examine how far urgent measures ordered by the Corte-IDH in 2020 and 2021 for Panama to protect the health and lives of thousands of migrants in the context of the pandemic had been heeded. The Corte-IDH delegation included president Ricardo Pérez Manrique and Vice President Humberto Antonio Sierra Porto, among others. It was there in relation to two resolutions issued in July 2020 and June 2021 whereby the Corte-IDH adopted provisional measures to protect the rights to health, personal integrity and life of those in three migrant reception stations (ERMs) La Peñita, Lajas Blancas and San Vicente, as well as a community reception point Bajo Chiquito, all in the Darién.
The resolutions were issued in response to a particular case, the Vélez Loor v. Panama judgment of 2010, which had involved the detention and subsequent judicial process against Jesús Tranquilino Vélez Loor, an Ecuadorean national, on offenses related to his migratory status. In line with the case the Corte-IDH identified various stringent guarantees required for the use of immigration detention. Addressing reporters on 18 March, Pérez Manrique said that “we have seen progress and a will to resolve the issues” adding that “our task will be to measure the volume of these advances in relation to the Corte-IDH’s original reasons for decreeing the measures”.
However, this assessment of progress was challenged by Costa Rica-headquartered NGO centre for justice and international law (Cejil), which also sent a delegation. In an 18 March statement, Cejil said that over ten years since the judgement was issued and nearly two years since the measures were authorised, the Panamanian state has failed to comply entirely with what the Corte-IDH had ordered. Cejil said that it recognised that measures had been adopted to improve the conditions of detention of the over 130,000 people who transited the Darién over the last year and cited as signs of progress, the closure of ERM La Peñita and the construction of ERM in San Vicente. However, it complained that the detention of migrants remains a “systematic practice” in the Darién. It also highlighted as concerning, the phenomenon of sexual violence, citing public information that in 2021 around 288 cases of sexual violence against women and children were registered. It said despite this, the Panamanian state has not presented a protocol of attention for these cases.
The UNHCR 29 March statement notes that in the first two months of 2022, Venezuelans became the top nationality crossing the Darién Gap at more than 2,400, nearly as many as crossed in all of 2021. According to the same statement, last year, the majority of those who crossed the Darién Gap were of Haitian origin.
The ADD launched in September 2021 involving Costa Rica, Panama, and the Dominican Republic to promote democratic strengthening and economic growth through the tightening of the countries’ commercial, demographic, and cultural ties. Speaking at the Costa Rica summit in March, Panama’s President Cortizo said the objective of the alliance was institutional strengthening linked to the administration of justice, the fight against corruption, the battle against organised crime and the promotion of social and economic development. Migration was also discussed. He said that the Dominican Republic had assigned some US$400m this year to address the health of Haitians while in Panama, the government assigned over US$50m to the border with the Darién.