Politics: A Citizen Initiative as Gov’t Fails to Act
More than eight months since the constitutional reform that presumes to deal with problems of corruption on the part of public servants and private actors was enacted, not a single secondary law has been passed that would allow for its implementation. Two key pieces of legislation needed to get the system going are what is designed to become a law on the national anti-corruption system, and a new general law on the administrative responsibilities of public servants.
In response to this legal vacuum, a number of civil society organizations have taken the initiative and are now collecting the necessary signatures to place before Congress their own version of a law on the national anti-corruption system, as well as a law on administrative responsibilities.
The bill was designed to become a general law on administrative responsibilities that will clearly define the various acts that could constitute a crime of corruption on the part of public servants. The constitutional reforms that have been ratified to date on such matters also make mention of the responsibilities of private actors who engage in acts of corruption.
The initiative comprises four main chapters: the powers and competencies to be wielded by the political actors; the actions that could make public servants the subject of penalties; the procedures for investigating and prosecuting such crimes; and the sanctions to be applied in cases of administrative responsibility.
As we have noted in previous issues of Weekly Trends: Mexico Politics, the main challenge facing the Anti-Corruption System is the “demonstration effect” of showing that the measures contained in the law are being effectively applied. Eight months since the reform was passed, with neither political parties nor the authorities coming forward with any implementing proposals, there is a latent risk that a paper shell can be built to neutralize the National Anti-Corruption System. The citizen initiative presented last week is a vital breath of fresh air in this process. It is obvious how anxiously the public is seeking progress on this front, but the government and the parties lack the will to concertize the laws needed to activate the anti-corruption system.
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