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---------- Forwarded message ----------
From: "Transparencia Mexicana" <[email protected]>
Date: Feb 16, 2015 3:20 PM
Subject: [ogp] Mexican CSOs warn of possible regressions on Access to
Information
To: "OGP Civil Society group" <[email protected]>
Cc:

Dear Colleagues,


The Civil Society Organizations that participate in OGP Mexico would like
to share with you our concerns in light of recent events and reforms
regarding transparency and access to information in Mexico.


As we all know, in order to initiate any open government efforts there are
two fundamental pre-requisites that have to be in place to some degree;
these are transparency and the right to access government information.


In the upcoming days, the Mexican Senate is scheduled to vote for a General
Transparency Law initiative that has been co-constructed in an
unprecedented act of open parliament, where the voice of Civil Society was
actively heard and incorporated.


However, this best practice of co-creation is being hindered by petition of
the Executive Branch of the Federal Government; the modifications it
proposes, above all, are contrary to the recent Constitutional Reform.


There are three main concerns with these modifications to the initiative.
First and foremost, they will produce a great regression in what Mexico has
gained regarding transparency and access to information; gains that the
Civil Society and relevant stakeholders have pro-actively defended for the
past twelve years.


Second, they blatantly weaken the Federal Institute for Access to Public
Information and Data Protection (IFAI) by constraining its independence and
authority.


Third, there are a series of small adjustments that limit the right of
access to information and transparency, the obligations towards
transparency and accountability of public servants, and broaden the number
of criteria to withdraw information from the public and the number of years
it must remain undisclosed.


Should this initiative pass with these modifications, the most likely
scenario will be one where public servants will be able to act with no
accountability, and with an extraordinary ease to wash their hands of any
omission on their part.


Furthermore, the access to information guarantor body will have little
power to investigate and sanction any irregularity. In a nutshell, the
General Transparency Law initiative, as proposed by the Executive Branch,
is all but open.


Given this context, the Civil Society Organizations that participate in the
Open Government Partnership in Mexico have manifested their deep concerns
to the Tripartite Technical Secretariat of the Open Government Partnership
in Mexico with a letter (a copy of which is attached to this email in
English and Spanish), that questions the government’s long-term commitment
to open government, transparency, and accountability.



By sharing the situation we are now going through in Mexico, we aim to
raise awareness within the OGP community of the enormous risks that a weak
legal framework in access to information poses to the open government
agenda. We invite you to support our actions by emphasizing, in every forum
you participate, the relevance of an adequate legal framework on access to
information in order to  strengthen and successfully implement the open
government agenda.





Kind regards,



*Eduardo Bohórquez*

Executive Director of Transparencia Mexicana and

Representative of the CSO group in the Tripartite

Technical Secretariat of OGP in Mexico.

 (+52 55) 5659 9991 / 5659 9996

[email protected]

www.tm.org.mx

www.transparency.org

Twitter <https://twitter.com/IntegridadMx>:

@IntegridadMx

@ebohorquez



Transparencia Mexicana A.C. es una organización ciudadana no lucrativa. Los
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― 2 files ―

  □ Letter Mexican CSO to the TTS Feb 3.15.pdf  (131kb)
      http://groups.dowire.org/r/file/enmxK7hWAUcNcqfh7BsWspLJ7B6-ybd-2vrSQbK/

  □ Carta OSC-AGA al STT Feb 3.15.pdf  (156kb)
      http://groups.dowire.org/r/file/zma4FWHfQ04hvjHoqQEmiDTMAEW-EFN-2vrSQdg/

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