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New controversies pile up on target of women's revolt

Liborio García's days as ombudsman appear numbered

by Eric Jackson, mainly from other media

With new controversies following upon a unanimous legislative committee recommendation to depose him, it now appears certain that Liborio García will be removed from his position as Defensor del Pueblo, or national ombudsman. The post carries with it a five-year term and a $6,000 per month salary, and is an appointment that originates with and is entirely at the discretion of the National Assembly. Although García is an old friend of Martín Torrijos, the president has had little to say in public, ether before or after the former's appointment as the nation's independent watchdog over government abuses. However, once appointed the law that created the position specifies certain causes for which an ombudsman (or ombudswoman, although we have not yet had one of those) may be removed, and which provides that a vote of two-thirds of the legislators is required to effect such a change.

García's troubles began when, in the last days of a lengthy selection process, a rival canditate pointed to a 2004 incident in which Mrs. García filed a domestic violence complaint with the corregidora of Bella Vista and Mr. García was ordered out of his home on the basis of that. The order was appealed, the couple reconciled and no conviction resulted.

But in response to the questions raised, García made a number of public statements alleging that the system for dealing with domestic abuse cases is unfairly tilted against men, and how he shouldn't have to answer questions about the incident in question because it was a private matter between a man and his wife. These statements, more than the original accusation, sparked a women's revolt that cut across all party lines and prompted even First Lady Vivian Fernández de Torrijos to join in the call for García to go. More than 50 women's organizations demanded the ombudsman's ouster.

When the PRD's male legislators realized that the women in their personal lives were by and large also disgusted with the choice of García the depth of the revolt, and the political peril that it posed for the parties of the ruling coalition, became so apparent that a special legislative committee was appointed to review the matter.

The initial problem for those who wanted to see García go was that the grounds for deposing an ombudsman are fairly narrowly drawn, and don't include obnoxious public statements or incidents that did not result in a criminal conviction before the person's appointment.

However, the embattled García reached out for support where he could, and picked one of the legislators who's least respected by his colleagues, and in so doing created the legal hook that's likely to pull him down. He appeared at one of Sergio Gálvez's food fairs in El Chorrillo. Gálvez hardly ever shows up for assembly sessions and has switched parties several times, but manages to get re-elected on the strength of his giveaways and low-cost food sales in the poorer parts of his circuit, which includes El Chorrillo and Curundu.

But the law creating the post of Defensor del Pueblo specifies that once appointed the person must avoid political activity, and the special committee, at the urging of a number of female attorneys, that García's appearance at Gálvez's event ran afoul of that ban. The seven committee members voted unanimously to recommend García's ouster on that narrow ground.

But would there be the necessary two-thirds of the deputies' assent to carry out that advice?

García's next problem raised arguments that only a simple majority would be needed. The law provides that an ombudsman may not hold any other job or engage in any other economic activity, but it turned out that García was still a director or officer of several corporations. When that breach was made public, critics and legislators began to argue that it amounted to an abandonment of his public office, and thus that only a simple majority of the National Assembly would be needed to declare García's job vacant. The ombudsman promptly resigned his various corporate positions, but it seemed that the damage had been done.

With the tide rising against him, García lashed out at the symbol of feminism closest to him by firing Dayanara Salazar, who had served in his office as the director of the Protection of Women's Rights department in both PRD and Arnulfista administrations.

That latter move prompted members of the various opposition parties, most of whom hadn't voted for García in the first place but who had held their silence while this problem stewed within the PRD-Partido Popular government coalition, to declare their intention to vote for his removal. It now appears that a vote on García's tenure is imminent and that questions about whether the man can be ousted on a simple majority or whether a two-thirds vote is required may become moot.

There are two conclusions to be drawn from the way this controversy has progressed. First, despite the failure and unpopularity of Mireya Moscoso's presidency and male domination of our political life, Panamanian women are politically assertive and a force that the good old boys of political life ignore only at their great peril. Second, at this particular moment the government faces a difficult Panama Canal expansion referendum and is not disposed to suffer any annoyance that cuts into its popularity or divides the ruling parties. So it's likely that by the time you read the next issue of The Panama News, Liborio García will have been voted out as the national ombudsman.

The question may not end there, however. García has vowed to challenge any move against him in court, so the male majority of the Supreme Court may end up with the last word.

Also in this section:
Liborio García in ever deeper political trouble
Media frenzy over teenage sex
Court returns sequestered property in high profile cases
University of Panama election campaign underway
Panama News Briefs