The Dissolution Lawsuit Filed by the Ministry of Labor Panama is Directed at Suntracs – Not Its Members

Is the dissolution of Suntracs a measure contrary to international conventions?  The answer is no.  Experts point out that the lawsuit filed by the Ministry of Labor is directed at the organization, not its members, and therefore does not violate their labor rights.  Suntracs members will be able to continue to exercise and defend their rights through legitimate mechanisms.  Although construction workers claim that the lawsuit filed by the Ministry of Labor and Workforce Development (Mitradel) to dissolve their union is the result of “political persecution” against them. Legal experts hold the opposite view, pointing out that it is a legal action based on compliance with national and international standards.

Attorney María Fábrega clarified that this measure does not represent a form of political retaliation or a violation of international conventions because it is judicially supported by Article 392 of the Labor Code and Article 68 of the Constitution of the Republic of Panama, which allow for the dissolution of a union when it permanently deviates from its objectives.  She added that the Ministry of Trade and Industry’s decision also complies with ILO Convention No. 87, which, while prohibiting the dissolution of these organizations through administrative means, allows it by judicial decision in legally justified cases, such as that of the Single National Union of Workers in the Construction and Related Industries (Suntracs).

“This is not a political or ideological action, but rather a necessary measure in response to Suntracs’ ongoing deviation from the purposes for which it was created, which has had harmful effects on both its members and society,” she told news reporters.  The jurist reiterated that the possible dissolution of the union will have no impact on the labor rights of its members because the legal action is directed exclusively at the organization, not its members. Therefore, they will be able to continue exercising and defending their rights through legitimate union representation mechanisms.

However, this appeal must follow its due process, in an abbreviated manner, before a labor judge who will evaluate the evidence and facts presented to make a decision on the possible dissolution of the Union in strict compliance with the current legal, constitutional, and judicial framework.  This legal action will be carried out while the whereabouts of union leader Saúl Méndez remain unknown. He left Bolivia last Thursday, July 24, violating his asylum status and becoming an “international fugitive” following allegations of aggravated fraud, criminal conspiracy, and document forgery. An Interpol red alert was therefore issued against him.

Saúl Méndez Speaks Out on Suntracs Social Media

Panamanian union leader Saúl Méndez pictured below, who is missing under an international arrest warrant after breaking his asylum in Bolivia last week, denounced this Monday, July 28, that the government of José Raúl Mulino is trying to “establish” a “state of affairs.”  This is the union leader’s first appearance since he took refuge in the Bolivian embassy in Panama on May 21, citing alleged political persecution, hours before an arrest warrant was issued against him in a case of alleged fraud and money laundering filed in 2022 by union members.  The union leader did not reveal his location, despite Panamanian media reporting him in Venezuela, having left Bolivia of his own volition. The video does not reveal the date or the location from which the message was allegedly sent.

Jurist María Fábrega reiterated that the possible dissolution of the union will have no impact on the labor rights of its members because the legal action is directed exclusively at the organization, not its members. Therefore, they will be able to continue exercising and defending their rights through legitimate union representation mechanisms.

It is judicially supported by Article 392 of the Labor Code and Article 68 of the Constitution of the Republic of Panama. The case is being sought by Panamanian judicial authorities for alleged aggravated fraud and document forgery, among other charges.

By renouncing Bolivian protection, Méndez could be provisionally captured by police units in any of the 196 member countries for subsequent extradition to Panama, where he would face justice.

Asylum

Foreign Minister Javier Martínez-Acha clarified that upon leaving Bolivia, the union leader lost all international protection and guarantees granted with this resource, and therefore, if he decides to return, he will have to apply for asylum again.