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Panama Canal Treaty; Right to Build and Operate the Panama Canal and Passing Ownership and Operation of the Canal to Panama

There have been four treaties by the United States relating to the Panama Canal. The first treaty was with Colombia, the Hay-Herran Treaty. The treaty allowing the building of the Panama Canal was the Hay-Bunau-Varilla Treaty. When the United States ceded control of the Panama Canal to Panama there were two treaties, the Neutrality Treaty and the Panama Canal Treaty. These two treaties are usually referred to as the Torrijos - Carter Treaties in reference to the two national leaders who signed on behalf of their respective nations.

Panama Canal History and Each Panama Canal Treaty

The idea of a canal to cross the Isthmus of Panama goes back to the 16th century. A working plan for a canal was drawn up as early as 1529 but no attempts were ever made to dig a canal until 1880. A French company, organized by the builder of the Suez Canal, Ferdinand Marie de Lesseps, started work in 1880 on a sea level canal. This effort was unsuccessful and left over 20,000 workers dead from tropical diseases, primarily yellow fever and malaria.

US Interest

The United States had developed an interest in a canal since the 1850's and had sent US Navy survey teams to investigate possible routes. After the French effort failed the US showed renewed interest in two routes, one in Nicaragua and one in Panama. After intense political discussion the Panama route won.

First Panama Canal Treaty

The US negotiated the Hay-Herran with Colombia in 1903 to build a canal in the Colombian province of Panama. When the Colombian legislature worried that the US would take over sovereignty and did not approve the treaty President Roosevelt sent US naval warships and troops to support a budding revolution in the Colombian province of Panama. With US help the country of Panama came into existence.

Second Panama Canal Treaty

With an agreeable government in Panama the United States offered to protect the new nation of Panama in return for the right to build and operate a canal, forever.

According to the entry in Wikipedia, "The Hay-Bunau-Varilla Treaty was signed on November 18, 1903 (two weeks after Panama's independence from Colombia). Phillipe Bunau-Varilla went to Washington, D.C. and New York City to negotiate the terms with several U.S. officials, most prominently, Secretary of State John Hay. The two men negotiated the terms of sale for the building of a Panama Canal and for a Panama Canal Zone surrounding the canal. No Panamanians signed the treaty although Bunau Varilla was present as the Panamanian minister - despite French citizenship."

The Hay-Bunau-Varilla Treaty starts as follows:

"Art. I.

The United States guarantees and will maintain the independence of the Republic of Panama.

Art. II.

The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction, maintenance, operation, sanitation and protection of said Canal. The Republic of Panama further grants to the United States in perpetuity the use, occupation and control of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said enterprise."

Thus, Panama got its independence and the United States got the right to build and operate a canal, forever.

Forever seemed to be the case up through World War II. However, in the 1960's Panama began to pressure the United States for ownership of the Panama Canal. The United States was forced to close off access to the formerly open Panama Canal Zone. In the early 1970's negotiated a set of principles with Panama for turning over the Panama Canal.

The Panama Canal Treaty to Guarantee Neutrality

The Neutrality Treaty was one of two signed by Omar Torrijos and Jimmy Carter. This treaty gives the United States the right to intervene militarily to guarantee the neutrality of the Panama Canal.

An amendment specifically limits the United States right to intervene so that Panamanian sovereignty is not threatened. "This does not mean, nor shall it be interpreted as, a right of intervention of the United States in the internal affairs of Panama. Any United States action will be directed at insuring that the Canal will remain open, secure, and accessible, and it shall never be directed against the territorial integrity or political independence of Panama."

The Panama Canal Treaty

The last Panama Canal Treaty gives control of the Panama Canal and adjoining territory to Panama. This treaty was signed in 1977 and formed a Panama Canal Commission by which Panama and the United States jointly ran the canal. On December 31, 1997 Panama took full control with the formation of the Panama Canal Authority (Autoridad del Canal de Panamá, ACP).

Panama Canal Treaty, 1903

Wikipedia-Panama Canal

Panama Canal Treaty of 1977