Statement from the OGP-Co-Chairs on Mexico’s General Transparency Law
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In mid-February, the Mexican Federal Executive Branch proposed a series of last minute changes to the General Transparency Law that put recent constitutional transparency reforms at risk, at odds with the open legislative process and civil society engagement that had characterized the drafting of the bill. In a public statement, we, as civil society Co-Chairs, underscored the expressions of deep concern from Mexican civil society and IFAI commissioners. We called upon the Government of Mexico and the Senate to uphold their demonstrated commitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action... to transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More, access to information and civil society co-creation processes, appropriate to Mexico’s leadership role in the Open Government PartnershipThe Open Government Partnership (OGP) is a multi-stakeholder initiative focused on improving government transparency, ensuring opportunities for citizen participation in public matters, and strengthen... More.
The Mexican Senate responded to these concerns by inviting relevant stakeholders, including the Legal Counsel Office of the Presidency, IFAI, key civil society leaders and scholars, to a new round of public hearings. Through this consultative process, concerns about the proposed changes to the bill were openly discussed and ways forward were identified.
On April 16, the bill was passed into law, preserving and further enhancing key progressive achievements of the recent constitutional transparency reform. IFAI’s ability to mandate the immediate opening of information in cases of human rightsAn essential part of open government includes protecting the sacred freedoms and rights of all citizens, including the most vulnerable groups, and holding those who violate human rights accountable. T... violations was affirmed, as was its authority over the energyEnsuring universal access to sustainable, dependable, and affordable energy is critical to every aspect of prosperity. Increasing public oversight and transparency in the energy sector can help to ens... sector. A clear procedure was established to disclose information from all state-managed trust funds. And the right to informationThe legal right to request information from the government allows the public to follow government decision-making, participate in ensuring better decisions, and hold the government accountable. Techni... was extended to all private entities that receive public funds, including, but not limited to, unions and political parties.
We appreciate the actions of the Senate and the Mexican Government to ensure that the new law reflects perspectives and priorities of government and civil society. Both the content of the law and the open legislative process affirm the Mexican government and the Senate’s commitment to transparency and responsive government.
As members of the Steering CommitteeThe Steering Committee is OGP’s executive decision-making body. Its role is to develop, promote and safeguard OGP’s values, principles and interests; establish OGP’s core ideas, policies, and ru... of the Open Government Partnership convene in Mexico City this week, these recent efforts of the Mexican government serve as an example of how the challenges to open government may be overcome. We anticipate that this same spirit of openness, participation and progressive reform will continue to characterize the Mexican Government’s tenure as Co-Chair. On both the domestic and international stage, the months ahead are a critical time to demonstrate their continued leadership, culminating in the Global Summit in late October this year.