Mexico: Attack on transparency authority is an attack on democracy

Mexico's Congress is preparing to vote on controversial constitutional reforms, including the dissolution of several independent authorities - among them the National Institute for Access to Public Information and Data Protection (INAI). ARTICLE 19 warns that, given the essential role the INAI plays in upholding the right to information and privacy, the outcome of the vote could fundamentally threaten democracy if the transparency and accountability INAI provides can no longer be assured.

Although Congress is due to vote on a new bill pertaining to the judiciary on 3 and 4 September, the date it will rule on the future of the INAI has not yet been confirmed. On 23 August 2024, the Constitutional Points Commission of the Chamber of Deputies of Mexico approved a set of proposals aimed at 'judicial reform'. These proposals are part of President Andrés Manuel López Obrador (AMLO)'s long-running campaign to consolidate power within the executive branch, dismantle constitutional checks and balances, and block watchdogs and civil society organisations from accessing information and holding the government accountable. Although AMLO is nearing the end of his presidency, these reforms will be carried forward by incoming president Claudia Sheinbaum, AMLO's political ally, who has promised to maintain continuity in government.

The INAI oversees the implementation of the right to information and data protection laws, ensuring oversight and, therefore, the accountability of institutions. This pertains to public information held byany authority or entity forming part of the three branches of the federal government, as well as by any private person that receives and spends public money or performs acts of authority at the federal level. The institution also promotes the application of the law.

As an organisation promoting freedom of expression and achieving an appropriate balance between that right, the right to information, and the right to privacy, ARTICLE 19 strongly condemns the move to dissolve INAI. This decision represents a serious setback for democratic checks and balances and jeopardises the effective protection of human rights in Mexico. Without an exhaustive analysis and meaningful dialogue thattakes into account public consultations conducted months ago, as well as the opinions of experts, civil society organisations and other stakeholders, the accelerated approval of the legislative proposalscompromises decades of advances in transparency, access to information and accountability - hard-won achievements by civil society organisations to ensure government actions and decisions remain open to public scrutiny.

The elimination of INAl, along with other independent bodies, threatens to transfer its functions to government agencies, undermining the autonomy that these institutions have historically provided. This move is especially concerning given the authorities' long-standing reluctance to make information accessible to the public.

We stand with Mexican human rights and civil society organisations in their call for Congress to reject this proposal. We urge all politicians, members of the government, and others involved in the political process to act responsibly, ensuring that the protection of fundamental human rights remains at the forefront of any discussions regarding government agencies and changes to their roles and responsibilities. Transparency and accountability must not be sacrificed for political gain.