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Compiled By GayToday
On January 23, Asociacion Hombres y Mujeres Nuevos de Panama(AHMNP), a lesbian and gay advocacy group, has applied for a second time
to the Ministry of Government and Justice to receive legal
registration. A similar request had been denied in January 2000, on
the grounds that the organization's goals offended "public morals."
Minister Winston Spadafora is currently considering the application . AHMNP asks for IMMEDIATE international solidarity in support of the request, in an effort to reverse the denial. A sample letter can be found below. Please write today to: Ms. Mireya Moscoso Presidential Residence Zona 1 Panama Phone: (507) 227-9750 Fax: (507) 227-0076 E-mail: ofasin@presidencia.gob.pa Mr. Winston Spadafora Minister of Government and Justice Apartado 1628 Zona 1 Panama Phone: (507)212-0565 Fax: (507) 212-2126 E-mail: msw@orbi.net or mediotec@sinfo.net And please send a copy to AHMNP: Asociacion Hombres y Mujeres Nuevos de Panama Apartado 87-0002 Panama 7 Rep. de Panama Phone (507) 217-0519 E-mail: ahmnp@yahoo.com Asociación Hombres y Mujeres Nuevas de Panama (New Men and Women Association of Panama, or AHMNP) was created in April 1998. As the first lesbian and gay organization ever founded in Panama, it had to work under conditions of extreme difficulty to confront social prejudice, and to educate both the general public and gay and lesbian communities about the need for the organization's existence. It has worked tirelessly toward these ends, organizing workshops and seminars, distributing informative materials, and speaking public as gay and lesbian people in various forums. In February 1999, AHMNP submitted a request for legal recognition to the (then) Minister of Government and Justice, Ms. Mariela Sagel. The request was accompanied by every legal document required for such submissions.
In January 2000 recognition was denied by Minister Winston Spadafora on the grounds that AHMNP was an association contrary to "moral and good habits." The Minister cited, in support of his decision, Article 39 of the Panamanian Constitution, which forbids the creation of "companies, associations or foundations that are contrary to moral or legal order." IGLHRC is gravely concerned by the denial of legal registration to AHMNP. Legal registration is the only means by which gay and lesbian organizations, like other segments of civil society, can fulfill basic, simple tasks: paying salaries, owning properties, possessing legal personalities. Beyond that, though, legal registration is the State's recognition of the fundamental freedom of association. Groups denied it are are stripped of their rightful places and faces, forced to don carnival disguises in the public array of society as a whole. They lose not only their powers but their proper status as endowed and equal selves, their full belonging. AHMNP has made very clear through its statutes that its work is aimed at public education, community awareness, and the attainment of full citizenship for lesbians and gays in Panama. To read such goals as contrary to "moral and good habits" is a bizarre and dangerous interpretation. Sample Letter Minister of Security and Justice Dr. Winston Spadafora Franco Dear Sir, We write to request that you reverse the denial of legal registration to the Asociación Hombres y Mujeres Nuevos de Panama (AHMNP), which you issued in January 2000, and give a positive answer to their new request, submitted on January 23, 2001. Legal registration is a basic recognition of gay and lesbian organizations, as for other segments of civil society: it allows them to to own property, to pay salaries, and to take part in legal disputes. It also gives such communities (and their constituencies) a place and face in society as a whole: it gives their membership the power to enjoy their full status as citizens, their full belonging in their communities. To deny legal registration to a gay and lesbian organization-- besides seriously damaging its capacity to continue its work-- is a none-too-subtle way of conveying the message that gays and lesbians do not belong in society at all. AHMNP has made very clear through its statutes that its work is aimed at public education, community awareness, and the attainment of full citizenship for lesbians and gays in Panama. To read such goals as contrary to "moral and good habits" is a bizarre and dangerous interpretation. The same Article 39 of the Panamanian Constitution invoked by you in the denial clearly specifies the kind of association unworthy of legal registration--"associations inspired by pretended racial superiority, or that promote or justify racial discrimination." Nothing could be more remote from the aspirations of AHMNP. The Panamanian government should desist from proclaiming its supercilious concern with "good morals": instead it should pronounce itself clearly in favour of organizations which actively fight against discrimination. Article 17 of the Panamanian Constitution states that public authorities hold their offices in order to --among other functions-- "ensure the effectiveness of individual and social rights and obligations." The right to freedom of association for "ideological ... social, cultural... "ideological ... social, cultural ... or other purposes" is recognized by the International Covenant on Civil and Political Rights (Article 22) and by the American Convention on Human Rights (Article 16). Both covenants permit, in the enjoyment of this right, "only such restrictions established by law as may be necessary in a democratic society, in the interest of national security, public safety or public order, or to protect public health or morals or the rights and freedom of others". Associations working against discrimination enhance rather than threaten the latter interests. They contribute to a debate by which the moral standards of any society can only grow; they promote core democratic values such as respect for diversity and dialogue In two previous cases that took place in Latin America (Argentina, 1992; Costa Rica, 1995), following an initial denial, governments finally granted legal recognition to lesbian and gay organizations, understanding that they fulfill socially useful goals. Such measures had no negative consequences: rather, they promoted the organizations' and their members' full integration into civil society. In other countries (such as Brazil, Peru, Ecuador) there are no obstacles to these organizations' legal recognition, and the work they do has earned them the respect of the national community, as well as international praise. We trust the Panamanian government will revert its past, unjust decision, and grant AHMNP the legal status it deserves, as a step toward recognizing its gay and lesbian constituencies's full citizenship and membership in Panamanian society. Respectfully, cc. President Ms. Mireya Moscoso The mission of the International Gay and Lesbian Human Rights Commission (IGLHRC) is to protect and advance the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation, gender identity, or HIV status. |
