         50 U.S VIOLATIONS OF THE CARTER-TORRIJOS TREATIES 
                          by Luis Restrepo
                       Panamanian journalist 


                            INTRODUCTION

           "The country is a dream of a shared future; 
            the country is, above all, hope of the future."   
                                         --Omar Torrijos


A chapter in the important struggle for national integrity of Omar 
Torrijos ended in September 7, 1977, when Omar Torrijos Herrera, 
representing Panama, and the President of the United States of 
America, James Carter, signed the Panama Canal Treaties at the 
headquarters of the Organization of American States in Washington, DC.

To the Panamanian people, it was a historic event, an undeniable 
evidence of success for the new international policy of Panama 
inaugurated by General Torrijos.  That moment had a significant 
importance ongoing struggle of Panamanians for their liberation, 
their independence, and for strengthening their sovereignty.  

We Panamanians were aware that without boasting, but with resolution 
and dignity, the Republic of Panama and its leaders had put aside 
the policy of diplomatic secrecy imposed by the United States upon 
all negotiations carried out during this country with our country--a 
suitable policy to impose their interests--they wanted to maintain 
that secrecy at all costs during this historic moment.

The Panamanians realized then that Omar Torrijos had every reason to 
put aside the bilateral negotiations with the United States that 
were taking place at the "Panama Desk" in the State Department and 
look for international support for the Panamanian issue.

Torrijos started by strengthening domestic militancy.  He fostered 
the participation of Students' Federation and the national labor 
movement, and incorporated the agricultural communities into the 
national struggle.

At that moment, with his domestic and international pilgrimage, Omar 
Torrijos was carrying out a long pilgrimage for a small country that 
spoke with the voice of a giant; he shouted the Panamanian truth 
that thus was made known in every part of the world; he converted 
the Panamanian creed into the religion of many governments and 
hundreds of millions of people from all the nations of the planet.

Omar Torrijos dared to break the colonialist circle imposed on 
Panama by the United States.  It is true as General Omar Torrijos 
stated, that not all the aspirations of the Panamanian people were 
being achieved--but steps were begun which would be taken further as 
the process of decolonization developed.

                            EXPERIENCES

The Panamanians considered that the Panama Canal and Canal 
Neutrality Torrijos-Carter Treaties were a positive step in the 
national liberation struggle as well as in the elimination of the 
colonialist enclave built by the United States in the core of our 
country.

We Panamanians understood that the United States, a powerful, 
imperialist and aggressive nation would not yield easily the 
benefits it had gained by its political, economic and military 
presence in the Republic of Panama.  The Canal Zone in Panama 
fulfilled many purposes within the U.S. strategy of control over 
Latin American, especially Panama, Central America and the 
Caribbean, as well as for U.S. political, economic and military 
expansion in the Pacific Ocean.  

The construction and subsequent administration of the Panama Canal 
allowed the United States to expand its world trade and spread its 
political, economic and military influence in areas as far away as 
Asia, Africa and the Middle East.

Despite the usually frustrating experiences of our country in the 
Canal relations with the US, we trusted once more in the honesty of 
the other party, and so believing, a pact between the two nations 
was negotiated and approved.

The truth was different.  The ink used by U.S. President Jimmy 
Carter, who committed the honor of his nation by signing the canal 
treaties was still wet when the Congress of the United States, 
showing utter contempt for world opinion, passed the Panama Canal 
Law, better known as Law 96-70 on September 29, 1979.

                        THE SOUTHERN COMMAND

One of the most important commitments agreed upon between Panama and 
the United States in the Canal Treaties is the ending of the 
military presence of the US in Panama by December 31, 1999.  

Panama has been the site for one of the most important US command 
posts in its world operations.  The particular strategic objective 
of this command post is to control Central America and the Caribbean 
and to maintain direct contact with U.S. embassies and military 
organizations in South America.

According to General Wallace Nutting, former Commander in Chief of 
the Southern Command, "to move the Southern Command to another place 
of this continent will be highly expensive; furthermore, in no other 
place can it work with the efficiency required to control Latin 
American as it does in the Panamanian isthmus."

The United States never intended to hand over the Canal and that is 
the reason why it has always kept a militarization policy in the 
Panama Canal Administration.  The key positions in the 
administration are held by armed forces men who "were removed from 
the army or the Navy" to accept those positions in the Canal 
Commission.  The United States is exerting pressure on the 
Panamanian government so it will accept the renegotiation of the 
permanence of the Southern Command in Panama beyond the year 2000.  

Despite all its pressures the United States has not accomplished 
that purpose.  For that reason it has orchestrated a campaign of 
offensive and virulent allegations against General Manuel Antonio 
Noriega, Command in Chief of the Defense Forces of Panama, who has 
taken on a nationalistic leadership which U.S. leaders find 
intolerable.

The assassination of General Torrijos and the violent campaign of 
defamation against General Noriega, the increasing violations of the 
canal treaties; the political, economic and diplomatic terrorism 
show that nothing will deter the United States in its determination 
to impose the limitless presence of the Southern Command in Panama.

                             LAW 96-70

Law 96-70 was conceived, passed and applied with the worst 
intentions by the United States.  It is a law that fosters and 
justifies up to aberrant extremes the overdoing of jurisdictional, 
operative and administrative powers by the government of the United 
States, which, through the approval and application of the above-
mentioned law, violently disrupts the spirit and wording of the 
Torrijos-Carter Treaties.

It must be strongly stated that the promulgation and application of 
Law 96-70 has gravely and definitely affected most of the righteous 
claims of the Panamanian people in their generations-long struggle 
to take advantage of this important natural resource of our country.

Law 96-70 attempts to perpetuate the image of the Canal enclave.  
The United States has placed that law above the Panama Canal 
Treaties and has imposed schemes of the 1903 Treaty and other 
agreements and commitments that were abolished when the new Canal 
Treaties came into force.

Law 96-70 is an anti-juridical instrument which denies the United 
States' acknowledgement of the sovereignty of the Republic of Panama 
over its territory as specified in the preface of the Torrijos-
Carter Treaties of the Panama Canal.

                      REGARDING THE VIOLATIONS

The violations or infringements of the 1977 Panama Canal Treaty 
committed by the United States, can be grouped and then studied 
according to the objectives of such violations or infringements.

Some violations originate from the application of the United States 
Congress Public Law 96-70 regarding the implementation of the 
Treaties.  Other violations originate directly from U.S. government 
officials.  Both can be grouped according to the aggression against 
the Republic of Panama as follows:

   A) Organic Aspects, 
   B) Labor Aspects, 
   C) Financial Aspects, 
   D) Jurisdictional Aspects.

The government of Panama has complained about these violations 
directly to the government of the United States.  The same 
denunciations are being stated in all international forums: United 
Nations, Organization of American States, Non-Aligned Countries, 
etc.

The United States has not stopped his aggression against Panama.  
Violations of the Treaties are increasing as January 1, 1990 comes 
closer, the date on which, according to the agreement between the 
two nations, a Panamanian shall be appointed as Administrator of the 
Panama Canal.

                   FIFTY VIOLATIONS OF THE TREATY

1. Establishing a Panama Canal Commission in the U.S. executive 
branch, under the leadership and direct authority of the President 
of the United States who will exercise his authority through the 
Secretary of Defense in spite of the fact that the Treaty very 
clearly establishes that this Agency will be under the direction and 
authority of a Joint Board of Directors in which four Panamanians 
will participate.

2. To reduce the oversight function of the Board established by the 
Treaty to a mere supervisory role.

3. To subject the rulings of the Board of Directors to the approval 
of the Secretary of State.

4. To create the position of Chief Engineer not established in the 
Treaty, with functions to be prescribed by the President and which 
could be the same that are today carried out by the United States 
Administrator.

5. To diminish the authority of the Advisory Committee, converting 
it into a merely diplomatic forum.

6. To discriminate against the Panamanian representatives on the 
Board of Directors and on the Joint Commission for the Environment 
regarding travel expenses and fees.

7. To grant the United States Ambassador authority not agreed upon 
in the Treaty regarding the coordination of the transfer of duties 
to the Republic of Panama in accordance with the Treaties.

8.  To subject the Panamanian employees of the Commission to the 
labor laws of the United States, although the Treaties state that 
the terms and conditions of employment of such employees shall be 
approved by the Board of Directors of the Commission and will 
therefore be local.

9. To subject the employees of the Commission to a competitive 
system without giving consideration to the directives of the Treaty 
which calls for a growing participation of Panamanians in these 
jobs.

10. To leave open the possibility that the Administrator or Deputy 
Administrator of the Canal might be an active member of the United 
States Armed Forces.

11. To create a system of subsidies exclusively for the North 
Americans employed as functionaries, not contemplated in the Treaty.

12. To give preferential eligibility to United States war veterans, 
ignoring the principle of preferential eligibility for  Panamanians 
as established in the Treaties.

13. To ignore festivals and national holidays established by 
Panamanian laws and instead to celebrate U.S. holidays and 
festivals.

14. To charge as operating costs for the Canal the amortization of 
the fund to pay advanced retirement due to those who worked for the 
Panama Canal Company and the Canal Zone Government, both of which no 
longer exist.

15. To charge as operating costs of the Commission allowances given 
to employees of the Panama Canal and which are not established in 
the stipulations of the Retirement Law of the Canal Zone.

16. To charge as operating costs for the Commission the purchase of 
artificial limbs and similar devices for those who were injured 
while working for the Panama Canal Company.

17. To create a Personnel Policy Coordinating Board in which no 
Panamanians participate, which is not answerable to the Board of 
Directors and which is not contemplated in the Treaty.

18. To apply Title 5 of U.S. Code to the labor relations of the 
Commission, thus subjecting Panamanian employees to the authority of 
the U.S. Department of Labor and the National Labor Relations Board.

19. To place the administration of the finances of the Commission 
under the control of the U.S. Congress, which will not assign funds 
for use by the Commission, nor will allow the Commission to commit 
any funds unless those funds have been specifically authorized by 
U.S. law.

20. To limit the financial responsibility of the United States in 
the Canal, by stating that no funds will be allocated for the use of 
the Commission during any fiscal year when there is a surplus income 
produced by the Canal.

21. To refuse to release from the United States Treasury the 
emergency funds of the Panama Canal in order to cope with 
emergencies such as the recent massive landslide in Cerro de Oro.

22. To create a system of accounting which goes beyond the Law of 
Accounting and Auditing of 1950 and which is not in accordance with 
generally accepted norms and practices of accounting.

23. To list capital investment as operating costs.

24. To charge as operating costs the depreciation of equipment and 
machinery of the old Panama Canal Company and which the Commission 
received through transfers or with titles of non-responsibility.

25. To exclude the Republic of Panama from the audit to determine 
the surplus to which Panama has a right by Treaties.

26. To charge as canal operating costs, public services such as 
education and health to Zone employees who are United States 
citizens.

27. To extend the use of the United States diplomatic pouches to 
include the personal correspondence of the Zone employees of the 
Canal and to bill this service as a Commission operating cost.  

28. To charge as Commission operating costs the deficits of past 
fiscal years, thus affecting the surplus which ought to be paid to 
Panama as a result of operations of each fiscal year.

29. To prohibit the authorizations of tolls in tariffs calculated to 
cover the payments of surplus to Panama, which the Treaty does not 
prohibit.

30. To limit the responsibility of the commission for damages or 
losses caused by Canal workers to $50,000 and then to refuse to pay 
the Port Authority for damages in the ports beyond that amount.

31. To create in Panama a U.S. tribunal of investigation with the 
name of Local Inspectors Group which can summon witnesses, take 
depositions under oath, subpoena books and documents, pass 
judgements, and carry out other judicial proceedings.

32 To return to the United States all possessions and other current 
assets of the Panama Canal Company on the day the treaty took effect 
and to give the Commission the right of use only.  With this 
stipulation, the United States has been transferring to other U.S. 
agencies land and assets of the Canal with a free title, and will 
transfer all removable office equipment and machinery to other U.S. 
agencies at the expiration date of the Treaties.

33. To place under the authority of the President of the United 
States and not of the Board of Directors the right to establish and 
from time to time change the tolls tariffs and regulations for 
inspecting ships.

34. To prohibit tolls from being set at a level which would produce 
enough income to cover the payment of surplus agreed upon in the 
Treaty.

35. To charge to the operations of the Commission the interests 
"over the investment of the United States in the Panama Canal" and 
to unilaterally utilize a whimsical formula for charging interest.

36. To subject the change of the regulations of the Canal's waters 
to a judiciary meeting according to Chapter 7 Title 5 of the United 
States Code

37. To grant the United States President authority to prescribe 
municipal and police regulations to be applied in Panama, such as 
the exclusion and dismissal of persons, the possession and use of 
alcoholic beverages, health and sanitation, use of aircraft, the 
guarding and penning of animals, the selling or use of fireworks, 
the protection of wildlife, hunting and fishing, the issuance of 
official and marine permits for ships crossing the Canal and 
adjacent waters, including the ports of Balboa and Cristobal.

38. To appoint an economist after qualified Panamanians had applied 
for that position.  

39.  To refuse to fly the Panamanian flag in the Commission's ships 
operating in Panamanian waters instead of using pirate flags.

40. To maintain U.S. citizens in their jobs after their retirements 
when there were better qualified Panamanians.

41. To grant privileges for purchases in military PX's and the use 
of U.S. post offices to "Zonians" without any agreement with the 
Joint Committee.  

42. To refuse to retain income tax from citizens of third countries 
who are working in the Canal.

43. To refuse to cooperate with Panamanian authorities, as 
established by the Treaty, in deducting payment for alimony and 
debts ordained by competent courts of justice in Panama from the 
salaries of Commission employees.

44. To establish mechanisms to eliminate positions vacated by United 
States citizens for the purpose of not employing qualified 
Panamanians. Such is the case of the Engineering and Construction 
Bureau.

45. To maintain preferential fees for United States citizens for 
housing, electricity, water, education and health care not 
authorized by the Treaty.

46. To charge as Canal operating expense the salaries of domestic 
employees serving the Commission Administrator, expenses not 
established in the Treaties.

47. To maintain illegal mechanisms for substituting during the 
temporary absence of top employees, even if there are qualified 
Panamanians, by always choosing United States citizens even if they 
lack the necessary qualifications.

48. To refuse to employ Panamanians in the office of the Commission 
in the United States, in violation of the agreement.

49. To administrating the Commission from Washington, bypassing the 
authority of the Administration.

50. To create a special police corps carrying guns and wearing 
uniforms as an act of provocation to the Panamanian police who are 
in charge of keeping the peace by constitution and by Treaty 
mandate.  This is an act for provoking violence.  

---
frontera        carnet.panama   11:41 pm  Jan 10, 1988

 =============================================
 from The NY Transfer BBS 718-448-2358
 Source: NY OnLine BBS 718-852-2662

