The non-existence and classification of information in Mexico
| Páginas | 30-32 |
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The non-existence and classification of
information in Mexico
Mexico’s federal Law for Transparency and Access to Public Information
establishes criteria for what information may be withheld as classified.
The transparency law’s basis for classification are founded and
motivated by the documentation of evidence of damage, which is
analyzed case by case. In addition, Article 112 of the law prohibits
classification of information when it
“concerns gross violations of human rights or crimes against humanity, or concerns
information related to acts of corruption as defined by applicable law.”
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Using this legal framework, the classification of some information is
justified; however, there is no valid objection for denying the bulk of
information about the use, importation and exportation of firearms and
explosives, since armed violence results in serious violations of human
rights and has a direct relationship to acts of corruption.
Organizations such as Global Exchange and the Mexican Commission for
the Defense and Promotion of Human Rights have experienced the
omissions and resistance to disclosing information about the end users
of firearms that enter Mexico. One problem is the firearms that go
missing from security forces, which frequently mean more weapons for
criminal organizations, individuals and private companies that commit
crimes against community members. Because of the possible connection
with corrupt activities related to serious crimes, committed by public
officials, disclosure of information about this alarming phenomenon is
especially important.
For example, out of 4,178 information requests related to firearms to
SEDENA, SEMAR, the Federal Police and the predecessor to the
Prosecutor General’s Office between 2007 and 2020, the responses in
182 argued that the information could not be shared because it was
classified in whole or in part, while 72 argued that the information was
non-existent.
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In 2021, classification of information on firearms continues to be
practiced both at the federal and state levels. The Mexican Commission
for the Defense and Promotion of Human Rights (CMDPDH) submitted
requests to SEDENA and all 32 states for information on “how many
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Ley General de Transparencia y Acceso a la Información Pública. Artículo 110 and 112. (Diario Oficial de la
Federación. May 20, 2021). At: http://www.diputados.gob.mx/LeyesBiblio/pdf/LGTAIP_200521.pdf.
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“30.11.20 Solicitudes de información armas,” file compiling requests on Mexico’s National Information
Platform, produced in the context of Mexico’s Open Government Partnership, 2020, at:
https://stopusarmstomexico.org/wp-content/uploads/2021/07/30.11.20-Solicitudes-de-información-armas.xlsx.
We have
experienced the
omissions and
resistance to
disclosing
information about
the end users of
firearms that enter
Mexico
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