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End of Commitment Report – Co-create a citizen’s initiative to reform the State Planning Law with a long-term vision for Quintana Roo

Overview

Name of Evaluator

Ricardo Alberto Luevano

Email

ricardo.luevano@inai.org.mx

Member

Quintana Roo, Mexico

Action plan

Action plan – Quintana Roo, Mexico, 2021 – 2022

Commitment

Co-create a citizen’s initiative to reform the State Planning Law with a long-term vision for Quintana Roo.

Action

Co-create the initiative to reform the Planning Law for the Economic Development of Quintana Roo under the open parliament format in the Planning and Economic Development Commission of the State Congress, (Comisión de Planeación y Desarrollo Económico del Congreso del Estado).

Problem

The development of the tourism model in Quintana Roo has prospered and sustained it as one of the leading destinations in Latin America.However, the depth of social inequality, corruption, and environmental impact are the great challenges that we seek to address in order to transform our immediate reality and that of the following decades, through a planning instrument that will allow us to co-create the course of our state for the next 25 years.The Master Plan for Sustainable Tourism Quintana Roo 2030 is a strategic instrument to implement a new tourism development model with criteria to comply with the SDGs and in which the development path in Quintana Roo transits to a long-term vision with a model of competitiveness, prosperity, and sustainability.In this sense, the reform to the Planning Law of Quintana Roo is the first step towards the co-creation of the Sustainable Development Plan of Quintana Roo for the next 25 years; it is the legal framework from which a series of regulatory adjustments will emerge to cement the planning for the following decades.

Section 1.
Commitment completion

1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?

complete

Provide a brief explanation of your answer:

Quintana Roo did not have a strategic plan with a long-term vision linked to the Planning System in the State because the current law did not contemplate a long-term sustainable development co-created with citizens participation. It did not integrate the Legislative or Judicial Power in the Planning System, having a partial focus on human rights, lacking the anti-corruption approach and gender perspective, obsolete. The Master Plan for Sustainable Tourism Quintana Roo 2030 is a strategic instrument to implement a new model with criteria for the fulfilment of the SDGs and in which the development route of Quintana Roo transits towards a long-term vision with a model of competitiveness, prosperity and sustainability. The goal was to co-create an initiative to reform the Planning Law for the Economic Development of Quintana Roo under the modality of open parliament in the Planning and Economic Development Commission of the State Congress.

Provide evidence that supports and justifies your answer:

1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).

None

1.3 Was the commitment implemented as originally planned?

most of the commitment milestones were implemented as planned

Provide a brief explanation of your answer:

For the most part all milestones were met, only 3 milestone was not carried out as planned e.g. communication, even though additional activities were done for the achievement of the goal.

Provide evidence for your answer:

Section 2.
Did it open government?

2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?

Yes

Degree of result:

Outstanding

Explanation: In narrative form, what has been the impact on people or practice.

Legislative openness and regulatory governance were key for the Honorable XVI Legislature of the Free and Sovereign State of Quintana Roo, implementing forceful actions aimed at constituting an open congress with verifiable and measurable practices of proactive transparency, citizen participation and co-creation, as well as accountability and social innovation, working through the principles mentioned below:

The Reform to Article 6 of the Political Constitution of the United Mexican States of February 7, 2014, establishes the obligation of the Mexican State to have an autonomous public body to ensure compliance with the right of access to information and the protection of personal data in possession of the obligated subjects, In this context and in order to comply with the provisions of the Second Transitory of the aforementioned Reform Decree, the Congress of the Union issued the General Law of Transparency and Access to Public Information, which gave way to the creation of the National Institute of Transparency, Access to Information and Protection of Personal Data.

In the State of Quintana Roo, on May 31, 2004, the Law of Transparency and Access to Public Information of the State was issued, which resulted in the creation of the Institute of Access to Information and Protection of Personal Data of Quintana Roo, in order to safeguard the Right of Access to Public Information enshrined in the Constitutional Text.

In terms of the provisions of Articles 40, 42 section I, 43 and 116 section II of the Political Constitution of the United Mexican States; 2, 4, 7, 49, 52, 61 and 63 of the Political Constitution of the Free and Sovereign State of Quintana Roo; and 3rd of the Organic Law of the Legislative Power of the State of Quintana Roo; is an entity that is part of the Supreme Power of the Free and Sovereign State of Quintana Roo, constituted as a Public Power deposited in a Chamber of Deputies called Legislature, which has capacity, legal personality and its own patrimony.

And that the mechanism of Open Parliament is a Juridical-Political Institution, which has its origin in the so-called Alliance for Government, same that was constituted in 2009 from the establishment of the memorandum on transparency and open government, managing to consolidate in our Country from the declaration of the “Alliance for Open Parliament” in 2014, recognizing and promoting the principles of transparency, participation and collaboration in the parliamentary practices of the depositaries of the Federal and State Legislative Branch; considering that the Legislative Branch is a fundamental pillar of the Democratic Rule of Law due to its legislative, oversight and representation functions.

In addition, it is recognized that Mexico has an active and modern civil society that promotes and appeals for a change in the institutional vision of its governors and popular representatives so that they may have a democratic, open and participative management and that for this reason they have promoted a series of concrete actions to advance in the opening of the Congress of the Union and the local congresses.

It is important the call of the organized civil society at national and international level to promote the principles of Open Parliament in all legislative bodies, which implies making specific commitments to ensure transparency, citizen participation and accountability of legislative work.

Therefore, assuming that the Political Constitution of the United Mexican States and the Political Constitution for the state of Quintana Roo, mandate all authorities, within the scope of their competencies, to promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility and progressiveness.

And to commit them since the General Law of Transparency and Access to Public Information and the Law of Transparency and Access to Public Information for the State of Quintana Roo, have among their objectives the promotion and dissemination of the culture of transparency, as well as to encourage citizen participation in public decision making in order to guarantee the human right of access to information and contribute to the consolidation of democracy.

Confirming that any authority, entity, organ and organism of the Executive, Legislative and Judicial Branches, autonomous organs, political parties, trusts and public funds, as well as any individual, legal entity or union that receives and exercises public resources or performs acts of authority in the state of Quintana Roo, is a compulsory subject of the General Law and the State Law in question.

In compliance with the provisions of the General Law of Transparency in which the Agreement establishing the open government model of the National System of Transparency Access to Public Information and Protection of Personal Data (SNT) was promoted, in which it is stated that the guarantor agencies in the exercise of their powers and for the fulfillment of the objectives of said Law, will promote the principles of open government: transparency, accountability, citizen participation, and social and technological innovation.

Provide evidence for your answer:

2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?

Not Applicable

Degree of result:

– Select –

2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?

Not Applicable

Degree of result:

– Select –

2.1.4 Other Results

Yes

Degree of result:

Outstanding

Explanation: In narrative form, what has been the impact on people or practice.

Parliament serves democracy because it is the institution that is entrusted with making present the will of the people. It gives life to the most important political subject of our system and makes possible the integration of the plural and diverse interests present in society. Without Parliament it would be very difficult to imagine representative democracy. The problem with this construct is that with the parliamentary mandate it has not been clear, in practice, who and what is represented.

In the search for public servants to truly represent the interests of the citizens, figures and concepts have been established to guarantee representation, but also to allow for legitimate citizen participation, which allows for democratic, informed and useful decisions to be made for the people.

The Open Government Partnership is a voluntary international project that seeks to improve government performance, encourage citizen participation and improve the responsiveness of government to its citizens. The Partnership seeks concrete commitments from governments to promote transparency, empower citizens, fight corruption, and make use of new technologies to strengthen governance.

To achieve these objectives, the Alliance brings together governments and civil society organizations to work as partners. The Alliance is overseen by a Steering Committee composed of an equal number of governments and civil society organizations – a unique model that puts the goal of citizen participation into practice.

Within the Open Government framework is the Open Parliament. The concept of Open Parliament can be constructed from the application to the parliamentary institution of the principles of transparency, participation and collaboration.

Therefore, it could be said that Open Parliament is part of Open Government. As a consequence of this, we can say that Open Parliament only exists when it fulfills three main duties.

● Firstly, there is Open Parliament when it recognizes the right of citizens to access parliamentary information by exercising an information function on its activity in open and understandable formats by citizens (in a transparent way).
● Secondly, the Open Parliament maintains an attitude of active listening on citizen demands which implies opening channels of participation that are capable of influencing the political agenda. The World e-Parliament Report 2012 considers that “the use of new communication tools can help parliaments focus less on talking about citizenship and more on listening to citizens and engaging the public in a productive dialogue that promotes citizen participation in the political process.”
● Third, for there to be Open Parliament there must be a willingness to collaborate (as well as the tools to articulate it effectively) with other public or private institutions, working together.

A modern democratic congress must not only represent plurality and diversity, but it must be transparent in its functions, accountable for its actions, and, most importantly, it must be a public space open to the scrutiny and participation of society.

Provide evidence for your answer:

2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?

Yes

Provide a brief explanation of your answer:

The purpose of the citizen initiative that was achieved on behalf of the citizenry is the integration of a long-term vision in the State Democratic Planning System through the co-creation of the Strategic Plan for Sustainable Development of the State of Quintana Roo 2050 and the inclusion of innovative elements, such as the observance of the three branches of government and the inclusion of policies of a cross-cutting nature, currently already approved by state systems. It is urgent to transform our state and make viable a guiding planning instrument that also integrates other state and municipal public policy instruments and that permeates the strengthening of democratic and governmental mechanisms, parliament and open justice. To reformulate the democratic planning system for the sustainable development of Quintana Roo, in an integral manner, will make it possible to break the six-year/triannual logic and thus have planning elements for the sustainable development of the state.

Provide evidence for your answer:

Section 3.
Lessons from
implementation

3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.

Quintana Roo does not have a strategic plan with a long-term vision linked to the Planning System in the State because the current law does not contemplate a long-term sustainable development co-created with the voice of the citizens. It does not integrate the Legislative or Judicial Power in the Planning System, has a partial focus on human rights, lacks an anti-corruption approach and a gender perspective.

Meetings were organized for the construction of the citizen model for the initiative to reform the Planning Law, more than 7 round tables were held between the organizations promoting the initiative: Ciudadan@s por la Transparencia, CPC Quintana Roo, Bios Política; with specialists for the construction of the proposal of the citizen model for the initiative to reform the Planning Law.

https://drive.google.com/file/d/1INFaZCDLq64LNIEaOWOrxKp_uGN1K19Z/view

Strengths of the project:

● Integration of citizenship in planning in the State of Quintana Roo.
● The current law was reiterated and now establishes its primary objectives in 8 fractions.
● On the observance of the three powers: they will have their planning instruments and they will be minimum bases respecting sovereignty. It is as guiding plans for planning.

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