According to Law 41 of 1998, protected areas in Panama are terrestrial, coastal, or marine zones officially declared to conserve natural and cultural resources, in addition to promoting education, recreation, and environmental research.

The International Union for Conservation of Nature (IUCN) also defines these zones as geographical spaces recognized and managed to ensure the long-term conservation of nature, its ecosystem services, and cultural values.

In Panama, the recognition of a territory as a protected area is formalized through laws, decrees, resolutions, municipal agreements, or international treaties. All of these constitute the National System of Protected Areas (SINAP), which regulates their management and preservation.

These areas are public domain assets, meaning they cannot be appropriated or managed privately, except as permitted by law. When a person or company wishes to use or manage a protected area, they must apply for an administrative or service concession from the Ministry of the Environment, following the technical studies and public consultation processes established in Article 51 of the General Environmental Law.

A recent case in the district of David exemplifies this situation. There, a private port project Puerto Barú is being developed that would affect mangroves declared a protected area by Municipal Agreement No. 21 of June 6, 2007. Although the project has an approved environmental impact study, it is currently facing challenges before the Third Chamber of the Supreme Court of Justice. It is important to note that this approval does not authorize the direct use or management of mangroves without the corresponding administrative concession.

Before initiating any activity in this area, developers must formally process the administrative or service concession for the protected area, ensuring citizen participation and compliance with the technical and environmental requirements required by law.

The final decision on this and other projects in protected areas rests with the competent environmental authorities, who must ensure compliance with the fundamental purpose of these zones: the protection, conservation, and restoration of Panama’s environment and natural ecosystems.

Original article by Irving Domínguez Bonilla – Lawyer

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