THE RIGHT TO INFORMATION (RTI):

IMPLEMENTATION OF A FUNDAMENTAL RIGHT IN

MEXICO

Jacqueline PeschardCommissioner

Federal Institute for Access to Information and Data Protection

CONTENTSImplementation of the Access to Information Regime in Mexico

I. Legal framework, its background and current regulation

II. Key features of the RTI Act

a) RTI Act principles, disclosing parties, objectives

III. What is IFAI

IV. Electronic systems

a) INFOMEX

b) ZOOM

c) Portal of transparency obligations

VI. Access to information now and beyond

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).

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.

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.

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.

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).

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.

2002

2007

1977The State shall

guarantee the right to information.

Transparency Law

Constitutional Amendment

•Maximum Disclosure

•Free access to public information and personal data.

•Mechanisms to access information / review procedures

II. RTI KEY FEATURES

RTI ACT PRINCIPLES

All information in possession of any public authority is public

Maximum Publicity

Private life and personal data shall be protected

Gratuitous access

Expeditious mechanisms

Archives updated

Permanent disclosure of public funds

DISCLOSING PARTIES

Executive Power

Judicial Power Congress

Constitutional

Autonomous Bodies

RTI – KEY FEATURES

Art. 2.- All government information to which this Law refers is public […]

•Transparency in Public Affairs

•Government Accountability

•Enhancement of Democracy & the Rule of Law

•Improvement of Records Management

•Protection of Personal Data

OBJETIVES

Who, How much, 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.

WAYS TO ACCESS PUBLIC INFORMATION

a) Proactive. Through the provision of information on websites. (art.7 LFTAIPG)

b) Passive. Submission of requests for access to information by those interested. (art. 40 LFTAIPG)

Procedures to access government information

Mexico Egypt

• Liaison Unit Address• Legal framework. Faculties; Goals and

objectives; Regulatory framework; • Organizational Chart• Budget; • Directory; • Procedures; • Contracts; • Services; • Relevant Information• Monthly salary; • Audits; • Subsidies; • Public bids; • Reports; • Citizen participation;

• Address, phone numbers and e-mail• Legal framework • Organizational chart• Budget• Directory• Procedures. (Rules, regulations,

instructions and manuals)• Contracts • Services • A simplified guide on the procedures

for submitting a request for information;

• Policies and decisions that the entity intends to take towards the implementation of its general agenda,

• The means for lodging complaints.• The categories of information that the

entity preserves

RTI LAW - TRANSPARENCY OBLIGATIONS

INFORMATION REQUEST PROCESS

REQUESTOR

AGENCIES

CONFIRM

REVOKE

ACCESS TO INFORMATION

REFUSE TO DELIVER

INFORMATION MODIFY

• 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.

Federal Institute of Access to Public Information & Data Protection- IFAI

FEATURES:

• Autonomous body - independent in its operations, budget and decision-making

• Five Commissioners constitute its Directive Board

MAIN DUTIES:

• Guarantee the Right of Information (RTI)

• Rule on appeals

• Disseminate benefits of RTI Act and promote the culture of transparency & accountability

Main characteristic of the Mexican System on Access to Information: Electronic Systems

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:

1. The requester provides a basic profile. (The user will have to create a username and a password).

2. The requester selects one of the public agencies to which the request of information will be sent.

3. The system assigns a file number (folio) to each request and allows the tracking of the information request.

ZOOMIT IS A SEARCH TOOL FOR:

1. Information requests submitted to:

Federal Government and public agencies

2. Answers that have been provided

3. IFAI’s resolutions

4. Research studies & reviews that support final resolutions

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.

NOW AND BEYOND

Access to information has become a tool to promote open governments.

New conception of government service delivery

Participatory government

Further public integrity

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)