The Supreme Court suspends part of the decree that shields the works as a matter of national security

A section of the Mayan Train works, last April.Presidencia (Presidencia de México)

The Supreme Court of Justice of the Nation has partially suspended the decree published at the end of November by which the president, Andrés Manuel López Obrador, declared the works promoted by the Mexican government a matter of public interest and national security. The decision of the high court has taken place when admitting to proceedings a challenge presented by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). The agreement reinforced the protection of advertising and data related to the main infrastructure projects of the six-year term such as the Mayan Train, the Felipe Ángeles International Airport and the Dos Bocas refinery. According to the claim admitted by the Court,"The message issued by [the decree] is related to a regime of opacity and secrecy that does not conform to the guidelines established for the application of exceptions to the right of access to information."

Transparency requests contemplated by law ran the risk of remaining a dead letter, since the Constitution establishes that information in the possession of federal and local authorities "may only be temporarily reserved for reasons of public interest and national security." The Court has considered it appropriate to grant INAI the suspension of the first section of the decree by rejecting “the effects and consequences” that derive from the shielding of that information.

The avalanche of criticism that the president's decision immediately received had precisely to do with the limitations on transparency. However, he defended the agreement by assuring that in the public secretariats "everyone is obliged to be held accountable." He justified the measure as an instrument to "streamline bureaucratic procedures", avoid legal protection and administrative obstacles in carrying out these works. The president insisted that the decree published by surprise in the Official Gazette of the Federation was not intended to reserve information on the projects.

The opposition announced that it would do its best to challenge the agreement. The Going for Mexico coalition filed a constitutional controversy before the Supreme Court. The initiative also received criticism from international organizations such as Human Rights Watch (HRW). Finally, the highest constitutional court of Mexico has decided to suspend the decree, with immediate effect, by the action of an autonomous body such as the INAI. In its application, the agency defends that "the requested suspension does not constitute a danger to national security because it does not fit into any of the regulated premises, that is, there is no threat or risk faced by the country or its legitimate defense, there is no puts at risk sovereignty, national independence or the defense of the territory, there is no violation of the constitutional order,the strengthening of democratic institutions or the unity of the federation's component parts and, there is no attempt against the economic, social or political development of Mexico ”.

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