Panama has not yet endorsed the Political Declaration on the use of explosive weapons in populated areas. It did, however, participate in the negotiations towards a Political Declaration, submitting a written contribution suggesting that the objectives of the declaration should be: “(i) Recognize that parties to armed conflict cannot fight in populated areas in the same way as they would on open battlefields; (ii) Address the humanitarian and human rights consequences resulting from the use of explosive weapons in areas populated (cities, towns and refugee camps); (ii) Promote political and operational leadership that reduce the suffering and damage caused by the use of explosive weapons in populated areas, and improve the protection of civilians in armed conflicts.”1
As consultations progressed, Panama supported the ICRC and UN Secretary-General’s call for an ‘avoidance policy’ and said the Declaration should contain a clear commitment to avoid the use of explosive weapons with wide area effects in populated areas. It urged states and organisations to provide international cooperation and assistance for implementing the Political Declaration commitments. It supported the inclusion of ‘reverberating effects’ and said that the socioeconomic consequences and environmental impacts of use of explosive weapons in populated areas should also be included. Panama also supported strong provisions on victim assistance, and encouraged inclusive disaggregated data collection. It opposed the inclusion of qualifiers in the text. Panama said the follow-up mechanism should include periodic meetings and could follow the model of the Geneva Declaration on Armed Violence and Development or Safe Schools Declaration.2
Statements and positions
Along with 22 other Latin American and Caribbean states, Panama participated in the Santiago Regional Meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas in 2018. The meeting produced the Santiago Communiqué, in which the participating states agreed to take further action on the issue. This included: avoid the use of explosive weapons with wide area effects in populated areas; act to enhance compliance with international humanitarian and human rights law to ensure the protection of civilians and civilian objects; fully support the process that will lead to the negotiation and adoption of an international Political Declaration on the use of explosive weapons in populated areas; encourage collection of data; promote bilateral and regional cooperation through sharing experiences, good practices and expertise; constructively engage in discussions and initiatives at the international level that could effectively provide greater protection to civilians in armed conflicts; strengthen cooperation and partnerships with international organisations and civil society organisations to draw upon their relevant expertise and support.3
Panama endorsed the joint statement on explosive weapons in populated areas during the 74th UN General Assembly First Committee in October 2019.4 The statement, delivered by Ireland, encouraged states to participate in international efforts to address the impacts of the use of explosive weapons in populated areas on civilians, including by working towards the creation of an international Political Declaration on this issue.5 As part of the Human Security Network, Panama also endorsed two statements addressing the risk of explosive weapons in populated areas at the UN Security Council open debate on the protection of civilians in 20136 and 2014.7 The statements called for data collection and to refrain from the use of explosive weapons in populated areas.