The Panamanian Association of Business Executives (APEDE) has warned of a serious democratic rollback following reforms to Article 365 of the Electoral Code, which tighten requirements for independent candidates and impose a "tacit resignation" on any party member who signs in their support.
The National Electoral Reform Commission approved the amendment of three numerals of Article 365 of the Electoral Code, shortening the time and increasing the number of adherents needed for candidates for free nomination. The article also incorporates a provision stating that any citizen registered with a political party who signs in support of a candidate for free nomination will incur a "tacit resignation" from their collective.
The organization considers that at a time when political parties are facing deep public questioning, free nomination candidacies have managed to gain support and have become an element that drives the renewal of the system. Their presence has, in a way, forced parties to rethink and undertake the necessary transformations to properly fulfill their role in democratic life.
Limiting access for candidates for free nomination not only restricts the democratic right to vote and be voted for, but also reduces the incentives for political parties to modernize and respond to the demands of a citizenry that demands transparency, representation, and a real commitment to the country.
Ultimately, this measure represents a serious setback in terms of political rights and civil liberties. Instead of strengthening democratic participation, it introduces mechanisms that penalize the free exercise of political support and contravene constitutional principles linked to pluralism and freedom of expression.
"We cannot allow setbacks in political rights at a crucial moment for the country's institutionalization," De Sanctis emphasized. APEDE recalled that prior to the start of the reform cycle, it requested to participate in the process as part of the business sector to contribute technical proposals on governance, transparency, and institutional strengthening. However, the request was not heeded, which is reflected in these exclusive and unrepresentative decisions that do not reflect the diversity of actors that must participate in national-level discussions.
According to the president of APEDE, excluding relevant voices and approving provisions that condition membership in a political party on the simple act of signing in support of an independent pre-candidate "limit citizen freedom, create barriers to independent participation, and discourage the active involvement of the population, especially young people and professionals seeking options beyond traditional party structures".
The business sector urged the members of the National Electoral Reform Commission to review this reform in the upcoming stages of the process. It highlighted that democratic strengthening requires expanding, not restricting, spaces for participation; promoting more freedom, not limiting it; and betting on solid institutions that guarantee citizen expression without conditioning.
Finally, APEDE reiterated its commitment to the defense of citizen rights, transparency, and democracy as fundamental pillars of national development and competitiveness, and reaffirmed that it will continue to advocate for electoral processes that respect the will of the citizenry and strengthen public trust.
