The non-governmental organization, Mexicans Against Corruption and Impunity (MCCI) issued a statement in which it shows its position on the presidential decree by Andrés Manuel López Obrador (AMLO), with which he seeks to “shield” government works and consider them as “National security.”
The organization considers that the Agreement issued by the Mexican president, in which it is declared of public interest and national security carrying out projects and works under the responsibility of the Government of Mexico, represents a blow to transparency and accountability, in addition to opening spaces for corruption and impunity in the country.
In this context, it is considered by MCCI as unconstitutional, since it violates the laws that regulate activities in all sectors of economic activity, that is, in: communications, telecommunications, customs, border, hydraulic, water, environment, tourist, health, railways, railways in all its modalities, energy, ports, airports, among others.
“It puts public servants in a serious dilemma: to obey the Agreement and violate current regulations or contravene the order of their hierarchical superior. What the President asks of his subordinates is to violate the law because an agreement can never be above the legal norm “
On the other hand, the organization explained that such an agreement is one more example of the “arbitrariness and abuse in the exercise of power”, since it effectively nullifies the right of protection and the rights to information, to environmental Protection, to the competition through tenders that guarantee the optimal contracting of the public resources through tenders, to the defense of potentially affected communities, among others.
“This Agreement asks citizens to take their word for it but prevents us from corroborating the way in which they use our tax money under the unfounded pretext that it is a matter of -national security-“
For Ma. Amparo Casar, president of Mexicans against Corruption and Impunity ,, “the presidential decree It is one of the biggest blows to the accountability system in Mexico, leaving civil society without tools to continue with the task of monitoring government actions; corruption is fought with more information, not less”.
Finally, MCCI concluded that agreements of this nature transgress the division of powers, increase the discretionary exercise of power and levels of corruption and impunity increase, so it calls for the Agreement is withdrawn since the Executive Power “conducts itself in accordance with the rule of law.”
The federal administration headed by the president Andrés Manuel López Obrador (AMLO) stated that megaprojects and other works infrastructure will be considered public interest and national security, this due to its importance to promote the nation project of Q4.
Through a publication made in the Official Journal of the Federation (DOF), López Obrador reported an agreement in which this news is ratified. It also explains that this is done in accordance with the faculty conferred by the Political Constitution of the United Mexican States (CPEUM) in Article 89, section I.
Regarding the argumentation to substantiate the need for the provisions of this agreement, the head of the federal executive highlighted that Mexico needs to solidity, dynamism, competitiveness, permanence and equity to the growth of the economy and political, social and cultural democratization.
He also stressed that it is “Public interest and national security” the development and growth of the infrastructure in charge of the agencies and entities of the Federal Public Administration, in order to translate this into a collective benefit for Mexican society.