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14
JULY 2006
Using FOI Laws in Mexico in Defense of the Environment
By
Emilene Martinez-Morales for freedominfo.org Transparency Programs Coordinator, Mexico Project, National
Security Archive, George Washington University
Special
thanks to Tamara Feinstein and Jesse Franzblau for editorial
assistance
Environmental
groups in Mexico, from the southern state of Chiapas to
Coahuila on the U.S. border, are actively using access to
information laws to directly impact ecological policies.
Their work has shed light on the controversial La Parota
Dam project in the state of Guerrero and uncovered irregularities
in the administration of water services in the city of Saltillo.
Over
twenty prominent members of the environmental community
in Mexico shared their experiences in the June 26 workshop
Documents in Action: How to Use Freedom of Information
Laws in Defense of the Environment, an event organized
by the National Security Archive and Mexican NGO Presencia
Ciudadana and held in Mexico City. The objective of
the workshop was to give non-governmental organizations
the tools they need to transform new transparency laws into
effective instruments for solving problems related to environmental
work. Financial support for the seminar came from the Hewlett
Foundation.
Participants
of the event shared their expertise using the Mexican Federal
Law of Transparency and Access to Public Government Information
(LFTAIPG) and other access laws at the state and municipal
level. Other participants included Aaron Colangelo from
the Natural Resources Defense Council (NRDC), Javier Apellaniz
from the SEMARNAT (Mexican Environmental Agency), Maura
Lievano from the Mexican Federal Institute for Access to
Public Information (IFAI), Mayli Sepulveda from Programa
Comunidades, and Jose Manuel Gil from the Institute
of Access to Public Information of the State of Coahuila
(Instituto Coahuilense de Acceso a la Información
Pública).
Aaron
Colangelo described cases in which the U.S. Freedom of Information
Act (FOIA) had proved successful. He explained how the NRDC
had obtained information relating to the presence of the
pollutant perchlorate (a key ingredient of rocket fuel)
in water basins in practically every state in the U.S. The
documents obtained by his organization contained alarming
evidence about the magnitude of this problem and its impact
on public health.
Javier
Apellaniz, Director of Access to Public Information of the
SEMARNAT offered an evaluation of LFTAIPG from the perspective
of his agency. Apellaniz underlined the importance of having
adequate access to archives, and pointed out that the people's
opportunity to exercise their right to information should
be encouraged. Echoing what Isabel Bustillos from Presencia
Ciudadana had stated in a previous presentation, Apellaniz
emphasized the need for wider dissemination of the right
to know and additional training on how to use existing laws.
During
the second part of the program, environmental groups from
various regions of Mexico presented successful cases in
which access to information laws have impacted society.
Priscila Bribiesca from the Centro Mexicano de Derecho
Ambiental (CEMDA) gave an eloquent presentation about
the use of official documents in the case of the La Parota
Dam in the state of Guerrero. CEMDA obtained documents from
the Federal Electricity Commission (CFE) on the project
that were contradictory to the reality on the ground.
Frine
Salguero from Presencia Ciudadana presented an
audit of the Mexican Federal Law of Transparency and Access
to Public Government Information (LFTAIPG). Their conclusions
show that 82% of requests were answered in a timely fashion.
According to Salguero, 42% of these responses were not satisfactory,
since in many cases the authority claimed that the information
requested did not exist and in other cases the government's
reply was not responsive to the request.
Raquel
Gutierrez from the Instituto de Derecho Ambiental
of Jalisco talked about her experience requesting documents
about the Arcediano Dam, a project that would supply drinking
water to the city of Guadalajara. Information obtained by
her organization showed that the quality of the water that
would feed the dam was unsuitable for human consumption.
Miguel
Angel Garcia from Maderas del Pueblo of Chiapas
presented the case of a sewage project in Cintalapa, a community
located inside the natural reserve of Montes Azules, which
negatively impacted neighboring Lacanja Tseltal. Responses
to information requests showed that the water treatment
system was not properly designed. As a result, the project
was halted and the authorities publicly acknowledged that
changes had to be made to ensure water was properly treated
before it reached the Lacantun river. Unfortunately, some
households of Cintalapa are illegally using the sewage system
polluting the water resources of Lacanja Tseltal.
Manuel
Gil from the Instituto Coahuilense de Acceso a la Información
Pública talked about a successful case in which
citizens used the federal, state and municipal laws in Saltillo,
the capital of the state of Coahuila. Information requests
showed that Aguas de Saltillo had overcharged 132
customers. Customers were later reimbursed and the company
had to pay a fine of 1.6 million pesos.
The
agenda, list of participants and supporting material of
each of the different presenters can be found on this website.