Background and Relevance
On March 20, the Mexican government passed the Ley General de Transparencia y Acceso a la Información Pública (General Law of Transparency and Access to Public Information). This law aims to ensure public access to information, but it has sparked controversy among municipal leaders.
The Asociación Nacional de Alcaldes (ANAC), a national association of mayors with 314 members, including PAN-affiliated presidents and aldermen, formally presented a constitutional controversy to the Supreme Court of Justice of the Nation (SCJN) against this new law.
Who are the key figures?
Mauricio Tabe, mayor of Miguel Hidalgo, Ciudad de México and ANAC president, leads the challenge. Lorena Alfaro García, ANAC vice-president and mayor of Irapuato, Guanajuato, also supports the controversy. Roberto Fuentes, Chihuahua’s secretary, represents Marco Antonio Bonilla Mendoza, mayor of Chihuahua City.
Reasons for Controversy
The municipal leaders argue that the transparency law undermines municipalism and centralizes information control in the hands of the ruling political force.
- Violation of Municipalism: ANAC claims the law disregards municipal autonomy, which is constitutionally protected under Article 115 of the Mexican Political Constitution.
- Disproportionate Obligations and Sanctions: The Chihuahua municipal government argues that the law imposes excessive responsibilities and penalties without considering the operational, administrative, and financial realities of municipalities, especially those with limited technical and financial capabilities.
- Lack of Dialogue and Respect for Federalism: The municipal leaders assert that the law should be built through dialogue, coordination, and mutual respect among different government levels rather than being imposed by a centralist approach that disregards local governments’ legal powers.
Key Questions and Answers
- What is the main issue? Municipal leaders argue that the transparency law disregards municipal autonomy and imposes excessive obligations, which they believe undermines democracy and local governance.
- Why is this relevant? The ANAC, representing 314 mayors from across Mexico, has taken this action to protect municipal autonomy and ensure that transparency policies respect federalism and local governments’ competencies.
- What is the desired outcome? The municipal leaders seek for the SCJN to balance information access with respect for municipal autonomy and federalism.
