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Organizations accuse that presidential agreement violates human rights

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Organizations accuse that presidential agreement violates human rights

MEXICO. On November 22, it was published in the Official Journal of the Federation the “AGREEMENT that instructs the agencies and entities of the Federal Public Administration to carry out the actions indicated, in relation to the projects and works of the Government of Mexico considered of public interest and national security, as well as priority and strategic for the national development”, in which President Andrés Manuel López Obrador attributes the character of public interest and national security to the infrastructure projects of the Federal Government.

Various organizations called on the National Human Rights Commission and the Congress of the Union so that, in accordance with their competences and powers, they activate the legal mechanisms that are appropriate against the Agreement, to protect the constitutional precepts, as decided by the Plenary of the National Institute of Transparency Access to Information and Protection of Personal Data (INAI).

It may interest you: Westminster Court extends trial against Karime Macías until 2022

They ensure that it is unconstitutional that, through an administrative regulation, an advance qualification is generated on the nature of national securityThis opens the possibility of reserving information related to these projects. In addition, they highlight, the Agreement is problematic and of serious concern, since it gives space to opacity and discretion in the management of public works and projects, and generates an exception regime in the regulation of development projects in Mexico.

What does the Agreement say?

The Agreement instructs the dependencies of the Federal Public Administration to grant their “provisional authorization” to start the necessary works, without having to wait for the corresponding licenses or permits to be granted under the due procedures. The organizations emphasize that the Agreement sets a bad precedent by declaring as National security to infrastructure projects that are considered priority and strategic, as it opens the possibility of reserving information related to them, without recognizing that these actions should be carried out only under a casuistic analysis of the contents of each of the works to assess whether such classification would proceed.

With this, the Agreement seeks to eliminate obligations to which andl Mexican State has been committed and must comply before granting any type of authorization to megaprojects, such as the performance of consultation procedures and prior, free and informed consent, o la conducting preliminary studies of social, environmental and rights impact, which are essential for indigenous peoples to make an informed decision regarding such projects.

In addition, by establishing these activities as public interest and priority, the Executive Power also directly contravenes the right to land and territory of the peoples and the right to property of the agrarian nuclei, since said property, possession , use, enjoyment and exploitation are protected and guaranteed at the constitutional level and in international treaties to which the Mexican State has committed.

Article 6

Article 6 Constitutional establishes that all the information generated and in the possession of any entity is in principle public and only by exception in the cases expressly provided for in secondary legislation justified under certain circumstances it could be limited. They reiterate that restrictions on the right of access to information cannot be absolute or categorical, but rather depend on an exhaustive analysis, based on each specific case, and a damage test that shows that the disclosure of information generates specific damage. to the public interest or national security.

Therefore, they continue, declaring that all projects and public works in charge of the State are for national security, generates a restrictive application of the right of access to information and maximum publicity, since it allows any information to be arbitrarily interpreted as national security, and consequently, to classify a priori, all the information related to them.

“Only public authorities, whose specific responsibilities include the protection of national security, may assert national security as a basis for withholding information as long as they comply with the standards related to the legal framework of information exceptions. And the presidential decree allows any entity public that knows, intervenes, generates or possesses information on projects and public works, can invoke this assumption as a reserve, giving way to discretionary and arbitrary actions by the State “.

On the other hand, the organizations point out that it is of great concern that the Agreement establishes such a broad exception to requirements to authorize the execution of projects that have a large amount of resources assigned, allowing a provisional authorization of projects, for up to 12 months, which limits the deployment of control and accountability mechanisms that projects or public works must follow, such as planning processes , bidding and execution thereof.

The impact of the works

The execution of public works and projects not only has an impact on the public heritage, but also on the guarantee of rights and access to services, so they must be carried out in an open, public manner and respecting the procedures, rules and requirements established in the different legal frameworks, to achieve their utility, efficiency and quality, that respond to public problems, under conditions of equality.

They conclude that generating a system of exceptions that eliminates the evaluation and control mechanisms, puts at risk the fulfillment of the objectives of projects and public works in accordance with social needs and the guarantee of human rights, but also transgresses accountability and generates a fertile field for opacity and corruption. Transparency and accountability are essential in a true democratic system. Therefore, limiting controls and mechanisms to prevent corruption implies discretionary management that has a direct impact on the effective exercise of human rights.

SIGNING ORGANIZATIONS

  • Article 19 Mexico and Central America
  • Mexican Alliance vs Fracking
  • Alliance for Free Determination and Autonomy (ALDEA)
  • Assembly of Indigenous Peoples of the Isthmus in Defense of the Land and Territory
  • Global campaign “The Isthmus is ours”
  • CartoCritic. Research, maps and data for civil society
  • Human Rights Center, Miguel Agustín Pro Juárez
  • Center for Ecumenical Studies AC
  • Collective Mining Law # CambiémoslaYa
  • Coalition of Mexican Organizations for the Right to Water (COMDA)
  • Mexican Civil Council for Sustainable Forestry, AC
  • Totonaco Regional Council
  • Tiyat Tlali Council of the Sierra Norte de Puebla
  • Coordination of Peasant and Indigenous Organizations of the Huasteca Potosina (COCIHP)
  • ecological culture
  • Equis Justice for Women
  • Communication and Training Link AC
  • Coordination Space for Civil Organizations on Economic, Social, Cultural and Environmental Rights (DESCA Space)
  • Founding, Center for Analysis and Research AC
  • GESOC, A.C.
  • Territory, Gender and Extractivism Group
  • Indignation. Promotion and Defense of Human Rights AC
  • Mexican Institute for Community Development AC
  • Oxfam Mexico
  • Project on Organization, Development, Education and Research (PODER)
  • R3D: Network in Defense of Digital Rights
  • Network of Artisan Women, Traditional Cooks and Country Producers
  • National Network of Civil Human Rights Organizations “All Rights for Everyone” (Red TDT)
  • Serapaz. Service and Advice for Peace AC
  • Tlachinollan, Mountain Human Rights Center
  • Tlalij, Yolojtli uan Nemililistlij

Lee: To “expedite procedures”, says AMLO about flagship works as a matter of national security


in details

MEXICO. On November 22, it was published in the Official Journal of the Federation the “AGREEMENT that instructs the agencies and entities of the Federal Public Administration to carry out the actions indicated, in relation to the projects and works of the Government of Mexico considered of public interest and national security, as well as priority and strategic for the national development”, in which President Andrés Manuel López Obrador attributes the character of public interest and national security to the infrastructure projects of the Federal Government.

Various organizations called on the National Human Rights Commission and the Congress of the Union so that, in accordance with their competences and powers, they activate the legal mechanisms that are appropriate against the Agreement, to protect the constitutional precepts, as decided by the Plenary of the National Institute of Transparency Access to Information and Protection of Personal Data (INAI).

It may interest you: Westminster Court extends trial against Karime Macías until 2022

They ensure that it is unconstitutional that, through an administrative regulation, an advance qualification is generated on the nature of national securityThis opens the possibility of reserving information related to these projects. In addition, they highlight, the Agreement is problematic and of serious concern, since it gives space to opacity and discretion in the management of public works and projects, and generates an exception regime in the regulation of development projects in Mexico.

What does the Agreement say?

The Agreement instructs the dependencies of the Federal Public Administration to grant their “provisional authorization” to start the necessary works, without having to wait for the corresponding licenses or permits to be granted under the due procedures. The organizations emphasize that the Agreement sets a bad precedent by declaring as National security to infrastructure projects that are considered priority and strategic, as it opens the possibility of reserving information related to them, without recognizing that these actions should be carried out only under a casuistic analysis of the contents of each of the works to assess whether such classification would proceed.

With this, the Agreement seeks to eliminate obligations to which andl Mexican State has been committed and must comply before granting any type of authorization to megaprojects, such as the performance of consultation procedures and prior, free and informed consent, o la conducting preliminary studies of social, environmental and rights impact, which are essential for indigenous peoples to make an informed decision regarding such projects.

In addition, by establishing these activities as public interest and priority, the Executive Power also directly contravenes the right to land and territory of the peoples and the right to property of the agrarian nuclei, since said property, possession , use, enjoyment and exploitation are protected and guaranteed at the constitutional level and in international treaties to which the Mexican State has committed.

Article 6

Article 6 Constitutional establishes that all the information generated and in the possession of any entity is in principle public and only by exception in the cases expressly provided for in secondary legislation justified under certain circumstances it could be limited. They reiterate that restrictions on the right of access to information cannot be absolute or categorical, but rather depend on an exhaustive analysis, based on each specific case, and a damage test that shows that the disclosure of information generates specific damage. to the public interest or national security.

Therefore, they continue, declaring that all projects and public works in charge of the State are for national security, generates a restrictive application of the right of access to information and maximum publicity, since it allows any information to be arbitrarily interpreted as national security, and consequently, to classify a priori, all the information related to them.

“Only public authorities, whose specific responsibilities include the protection of national security, may assert national security as a basis for withholding information as long as they comply with the standards related to the legal framework of information exceptions. And the presidential decree allows any entity public that knows, intervenes, generates or possesses information on projects and public works, can invoke this assumption as a reserve, giving way to discretionary and arbitrary actions by the State “.

On the other hand, the organizations point out that it is of great concern that the Agreement establishes such a broad exception to requirements to authorize the execution of projects that have a large amount of resources assigned, allowing a provisional authorization of projects, for up to 12 months, which limits the deployment of control and accountability mechanisms that projects or public works must follow, such as planning processes , bidding and execution thereof.

The impact of the works

The execution of public works and projects not only has an impact on the public heritage, but also on the guarantee of rights and access to services, so they must be carried out in an open, public manner and respecting the procedures, rules and requirements established in the different legal frameworks, to achieve their utility, efficiency and quality, that respond to public problems, under conditions of equality.

They conclude that generating a system of exceptions that eliminates the evaluation and control mechanisms, puts at risk the fulfillment of the objectives of projects and public works in accordance with social needs and the guarantee of human rights, but also transgresses accountability and generates a fertile field for opacity and corruption. Transparency and accountability are essential in a true democratic system. Therefore, limiting controls and mechanisms to prevent corruption implies discretionary management that has a direct impact on the effective exercise of human rights.

SIGNING ORGANIZATIONS

  • Article 19 Mexico and Central America
  • Mexican Alliance vs Fracking
  • Alliance for Free Determination and Autonomy (ALDEA)
  • Assembly of Indigenous Peoples of the Isthmus in Defense of the Land and Territory
  • Global campaign “The Isthmus is ours”
  • CartoCritic. Research, maps and data for civil society
  • Human Rights Center, Miguel Agustín Pro Juárez
  • Center for Ecumenical Studies AC
  • Collective Mining Law # CambiémoslaYa
  • Coalition of Mexican Organizations for the Right to Water (COMDA)
  • Mexican Civil Council for Sustainable Forestry, AC
  • Totonaco Regional Council
  • Tiyat Tlali Council of the Sierra Norte de Puebla
  • Coordination of Peasant and Indigenous Organizations of the Huasteca Potosina (COCIHP)
  • ecological culture
  • Equis Justice for Women
  • Communication and Training Link AC
  • Coordination Space for Civil Organizations on Economic, Social, Cultural and Environmental Rights (DESCA Space)
  • Founding, Center for Analysis and Research AC
  • GESOC, A.C.
  • Territory, Gender and Extractivism Group
  • Indignation. Promotion and Defense of Human Rights AC
  • Mexican Institute for Community Development AC
  • Oxfam Mexico
  • Project on Organization, Development, Education and Research (PODER)
  • R3D: Network in Defense of Digital Rights
  • Network of Artisan Women, Traditional Cooks and Country Producers
  • National Network of Civil Human Rights Organizations “All Rights for Everyone” (Red TDT)
  • Serapaz. Service and Advice for Peace AC
  • Tlachinollan, Mountain Human Rights Center
  • Tlalij, Yolojtli uan Nemililistlij

Lee: To “expedite procedures”, says AMLO about flagship works as a matter of national security

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