Presentation Transcript

1. The Right to Information (RTI):Implementation of a fundamental right in Mexico

   Jacqueline PeschardCommissioner Federal Institute for Access to Information and Data Protection
2. CONTENTS Implementation of the Access to Information Regime in Mexico Legal framework, its background and current regulation Key features of the RTI Act RTI Act principles, disclosing parties, objectives What is IFAI Electronic systems INFOMEX ZOOM Portal of transparency obligations Access to information now and beyond
3. I. Legal framework: Background 70 years of one party rule with unchallenged elections and absence of government accountability. "Every officer was ultimately responsible only to the President of the Republic, who in turn was responsible only to the historical ghosts of the Mexican Revolution." (Andreas Schedler).
4. I. Legal framework: Background In 1977, as part of the electoral and political reform that opened the system to new political parties, Article 6 of the Constitution was amended to establish the right to information, as follows: "The right to information shall be guaranteed by the State“. However, no secondary regulation was developed to make it effective. The transition to democracy was centered in the demand for free and fair elections which meant that the full electoral process would be submitted to public scrutiny. Through the 1980’s and 1990’s a series of electoral reforms passed in Congress to make sure that elections were organized by an autonomous body that would also monitor political parties finances and their access to media.
5. I. Legal framework: Transparency as a corollary of the electoral democracy The 2000 presidential election brought alternation in power - free and fair elections had been achieved. In 2001 a civil society coalition came together, demanding one step forward in democratic consolidation, citizen oversight of governance, through mechanisms of transparency and access to public government information.
6. I. Legal framework. RTI - The legislative development The Oaxaca Group with members of academia, media and civil society pushed forward a bill in Congress that turned out to be the Federal Access to Information Act, passed in 2002. The RTI Act set an independent body to regulate disputes between the citizens and government agencies regarding access to information. Since June 12, 2003, any person, even without revealing his or her real name, may request information from any Federal agency as established by RTI Act. Between 2002 and 2007 all states of Mexico enacted laws on access to information. Information requests can be made through a web page INFOMEX. It has become the unique electronic platform for all federal state agencies as well as for 25 of the 32 states in Mexico.
7. I. Legal framework - Constitutional reform In July 2007, the right of access to information was granted constitutional status derived from a reform on Article 6 which was promoted by, state governments of different political parties (Chihuahua, Aguascalientes, Veracruz, Zacatecas and the Federal District).
8. Constitutional Reform - Article 6 Expression of ideas shall not be submitted to judicial or administrative inquiry, except for the cases when such expression of ideas goes against the moral or third party’s rights, or causes perpetration of a felony, or disturb law and order. The right of reply shall be exercised according to law. The State shall guarantee the right to information. 2007 Constitutional Amendment Maximum Disclosure Free access to public information and personal data. Mechanisms to access information / review procedures 2002 1977 The State shall guarantee the right to information. Transparency Law

9. II. RTI KEY FEATURES

10. RTI Actprinciples
11. Disclosing parties
12. RTI – KEY FEATURES Art. 2.- All government information to which this Law refers is public […]
13. Who, Howmuch, When Any person anywhere in the world can submit a request of access to information. Rendering information is free. The only cost might be that of reproducing materials and delivery, if so required. Agencies must respond within a twenty days period.
14. Ways to access public information Proactive. Through the provision of information on websites. (art.7 LFTAIPG) Passive. Submission of requests for access to information by those interested. (art. 40 LFTAIPG) Procedures to access government information
15. RTI Law - Transparency Obligations
16. INFORMATION REQUEST PROCESS AGENCIES ACCESS TO INFORMATION REQUESTOR CONFIRM REFUSE TO DELIVER INFORMATION MODIFY REVOKE
17. Federal Institute of Access to Public Information & Data Protection- IFAI Independent body Oversees - Executive Branch Reviews cases when authorities deny citizens the access to information. Grants the protection of all personal data Promotes RTI and trains public officers.
18. Main characteristic of the Mexican System on Access to Information: Electronic Systems
19. Infomex It is an electronic platform to make information request and to submit a complaint before IFAI and local level RTI authorities: Steps to follow: The requester provides a basic profile. (The user will have to create a username and a password). The requester selects one of the public agencies to which the request of information will be sent. The system assigns a file number (folio) to each request and allows the tracking of the information request.
20. ZOOM IT IS A SEARCH TOOL FOR:
21. PORTAL OF TRANSPARENCY OBLIGATIONS Search engine available since February 2007. Government’s single access point for citizens to published information. 243 agencies responsible for periodically upload & update of their own data. 2.2 million consultations per month on specific government pageviews.
22. Now and beyond Access to information has become a tool to promote open governments.
23. Final remarks After a decade of law enforcement agencies comply with 99% of IFAI’s resolutions. Constitutional Reform process to widen the scope of IFAI’s faculties (three branches of government both at the federal and local level)