Inception Report – Action plan – Nuevo Leon (State), Mexico, 2022 – 2024
Overview
Name of Evaluator
Eduardo Espinosa Cravioto
Member Name
Nuevo Leon (State), Mexico
Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title
Action plan – Nuevo Leon (State), Mexico, 2022 – 2024
Section 1.
Compliance with
co-creation requirements
1.1 Does a forum exist?
Yes
Provide a brief explanation of your answer:
Derived from the official announcement of the integration by the Jurisdiction as a member of the OGP-Local program on May 17, 2022, the integration of the Nuevo León Abierto Coalition was announced, consolidated by:
- Gobierno del Estado de Nuevo León
- Gobierno del Municipio de Monterrey
- Gobierno del Municipio de San Pedro Garza García
- Accountability Lab México
- Cómo Vamos Nuevo León
- Consejo Nuevo León Para la Planeación Estratégica
- Comisión de Transparencia y Acceso a la Información del Estado de Nuevo León.
To carry out the co-creation actions of the Local Action Plan, on August 9, 2022, the first ordinary meeting of the Multi-stakeholder ForumRegular dialogue between government and civil society is a core element of OGP participation. It builds trust, promotes joint problem-solving, and empowers civil society to influence the design, imple... of the Nuevo León Abierto Coalition was held.
Provide references here (e.g. interviews):
- Announcement from the Nuevo León Abierto Coalition
- Link to evidence of communication of the multi-stakeholder forum session
- Evidence of the first regular meeting of the Multi-stakeholder Forum of the Nuevo León Abierto Coalition
1.2 Is the forum multi-stakeholder?
Yes
Provide a brief explanation of your answer:
At the time of making In this evaluation, the forum includes different organizations, both governmental and non-governmental. In other words, we can find state and municipal government actors, civil society organizations, academia, the private sectorGovernments are working to open private sector practices as well — including through beneficial ownership transparency, open contracting, and regulating environmental standards. Technical specificat... More, organizations international, and the body that guarantees access to the entity’s information. In this sense, the structure of the forum is integrated by:
- Gobierno del Estado de Nuevo León
- Municipio de Monterrey
- Municipio de San Pedro Garza García
- Instituto Estatal de Transparencia, Acceso a la Información y Protección de Datos Personales (INFO-NL)
- Consejo Nuevo León para la Planeación Estratégica
- Iniciativa de Transparencia, Anticorrupción y Digitalización de la Escuela de Gobierno y Transformación Pública del Tecnológico de Monterrey
- Coparmex Nuevo León
- Coordinador del Núcleo de la Sociedad Civil; representado por Accountability Lab México.
- Co-coordinador del Núcleo de la Sociedad Civil; representado por Cómo Vamos Nuevo León
- Observador internacional como es el: PNUD (a fecha de esta evaluación inactivo)
- Observador local: Instituto Estatal Electoral y Participación Ciudadana de Nuevo León
Provide references here (e.g. interviews):
1.3 Does the forum hold at least one meeting with civil society and non-governmental stakeholders during the co-creation of the action plan?
Yes
Provide a brief explanation of your answer:
The multi-stakeholder forum held 4 regular meetings, where different topics were discussed in relation to the co-creation route of the Local Action Plan. In this sense, the assistance of civil society organizations through the representatives of the NOSC stands out.
Provide references here (e.g. interviews):
- Documentation and minutes of the regular meetings of the multi-stakeholder forum:
1.4 Has the action plan been endorsed by the stakeholders of the forum or steering committeeThe Steering Committee is OGP’s executive decision-making body. Its role is to develop, promote and safeguard OGP’s values, principles and interests; establish OGP’s core ideas, policies, and ru.../group?
Yes
Provide a brief explanation of your answer:
The commitments that make up the Local Action Plan were specifically discussed at the third and fourth ordinary meetings of the multi-stakeholder forum according to the available evidence; leaving foreseen that the existing areas of opportunity could be refined in the co-creation stage of the roadmaps. It is foreseen, as a recommendation, to establish in the minutes a section of “agreements” to be able to distinguish more easily the decision-making of the forum.
In this order of ideas, it is possible to identify that in the roadmaps of the commitments, the responsible and involved actors in the implementation were established. Where members of the multi-stakeholder forum, civil society organizations, and public institutions can be identified.
Provide references here (e.g. interviews):
- Evidence of the 3rd ordinary meeting of the multi-stakeholder forum
- Evidence of the 4th regular meeting of the multi-stakeholder forum
- Evidence of roadmaps
Section 2.
Recommended practices
in co-creation
2.1 Does the government maintain a Local OGP website or webpage on a government website where information on the OGP Local process (co-creation and implementation) is proactively published?
Yes
Provide a brief explanation of your answer:
The Nuevo León Abierto Coalition has made available to the public a web page that includes information related to the process of the Local OGP Program of the Alliance for Open Government, to which Nuevo León belongs, as well as, links to the inputs or materials that record the activities such as minutes, photographic material, technical sheets, among others.
Provide references here (e.g. interviews):
- Link to the website of the Nuevo León Abierto Coalition.
2.2 Did the government provide information to stakeholders in advance to facilitate informed and prepared participation in the co-creation processCollaboration between government, civil society and other stakeholders (e.g., citizens, academics, private sector) is at the heart of the OGP process. Participating governments must ensure that a dive...?
Yes
Provide a brief explanation of your answer:
During the pre-processing phase of co-creation members of the Multi-stakeholder Forum promoted the “Open Dialogues” with the purpose of disseminating among civil society organizations and the student body the results of the Public Consultation for the elaboration of the Local Action Plan of Open Government of Nuevo León 2022-2024.
In this sense, through the members of the Nucleus of Civil Society Organizations for the Open Government of Nuevo León (NOSC NL), the event WhatOWhat about the Open Government? on September 23, 2022, aimed at civil society organizations with the purpose of socializing the results as well as raising awareness and inviting co-creation tables. On the other hand, on October 6 and 7, 2022, the university dialogues were held, where the results of the public consultation were shared within the framework of the co-creation of the Open Government Local Action Plan 2022-2024 de Nuevo León, and they were invited to participate in the co-creation tables. The above was addressed to students from the Autonomous University of Nuevo León (UANL) as well as from the Tecnológico de Monterrey (Campus Monterrey).
On the other hand, prior to the start of the exercises, the members of the Nuevo León Abierto Coalition sent direct invitations, via email, to various actors, including government entities, private companies, academic institutions, and civil society organizations, among others. Likewise, an information kit was shared with the purpose of providing relevant information on the problem to be dealt with.
Provide references here (e.g. interviews):
Link to the co-creation processes section:
2.3 Did the government ensure that any interested member of the public could make inputs into the action plan and observe or have access to decision-making documentation?
Yes
Provide a brief explanation of your answer:
The Multi-stakeholder Forum developed a methodology for the co-creation, implementation, and evaluation of the Local Action Plan, which includes a “public review” stage. To this end, a mechanism was set up so that people could make comments and suggestions on the draft of the Local Action Plan.
Provide references here (e.g. interviews):
2.4 Did the government proactively report back or provide written feedback to stakeholders on how their contributions were considered during the creation of the action plan?
Yes
Provide a brief explanation of your answer:
There is evidence of a public review process where institutional positions were issued and comments and/or suggestions were received from the roadmaps of the commitments. Nevertheless, with records on the website not all comments received feedback in this regard. Likewise, a legend was located that describes that the comments “were not considered relevant for these to be used as routing modifications in any of the appointments” so it is recommended to be able to delve into the reasons why they were not taken into account.
Provide references here (e.g. interviews):
2.5 Was there an iterative dialogue and shared ownership between government and non-governmental stakeholders during the decision making process, including setting the agenda?
Yes
Provide a brief explanation of your answer:
During the development of the meetings of the Multi-stakeholder Forum, it was able to observe the exchange of opinions and suggestions of civil organizations with government entities. In particular, the problems to be addressed in the Local Action Plan were prioritized and the formulation of commitments was strengthened.
The co-creation tables addressed a defined problem and were carried out through a methodology based on consultation, dialogue, and the formulation of commitments, in which the participants played an active role.
Finally, the forum shares between its different members a method of shared documents in order to consult, edit and comment on the generated documents in real-time, thus guaranteeing co-creation among all members.
In addition to this, there was a public review process.
Provide references here (e.g. interviews):
2.6 Would you consider the forum to be inclusive and diverse?
Very
Provide a brief explanation of your answer:
The multi-stakeholder forum is made up of various actors, such as civil society organizations, academia, and the private sector, among others. The development of the meetings has been in person and remotely so that anyone can attend. In this sense, it is recommended to explore the possibility of transmitting the sessions to the general public by digital means and make an open call for its development. Likewise, their work and dissemination on the website overcome accessibility and digital gaps.
Provide references here (e.g. interviews):
Section 3.
Initial evaluation
of commitments
1. CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action... :
In Nuevo León, girls, boys, and adolescents participate to improve our environment.
1.1 Is the commitment verifiable?
Yes
Provide a brief explanation of your answer:
The commitment proposes developing participatory school projects, at the primary and secondary levels, in order to monitor child and adolescent participation, while monitoring the implementation of these projects. In the first stage, it is intended to generate instruments and/or materials for the design of participatory school projects, along with socializing with teachers from educational institutions so that they promote participatory and collaborative actions of children and adolescents (NNA). In the medium term, derived from a public consultation aimed at children and adolescents, physical and digital spaces for participation will be defined.
It is important to say that, at the time of assessing this commitment, the Roadmap contains comments from the people involved in its construction. It is considered relevant to have updated or finished versions to provide certainty to the people who can consult the information and carry out an effective exercise of accountability to the implementation process of the Action Plan and in particular the Commitment.
Provide evidence for your answer:
1.2 Does the commitment language/activities clearly justify relevanceAccording to the OGP Articles of Governance, OGP commitments should include a clear open government lens. Specifically, they should advance at least one of the OGP values: transparency, citizen partic... to OGP values?
Yes
Provide a brief explanation of your answer:
The commitment intends to generate a mechanism of public participationGiving citizens opportunities to provide input into government decision-making leads to more effective governance, improved public service delivery, and more equitable outcomes. Technical specificatio... focused on a sector of society rarely considered in decision-making. They are girls, boys, and adolescents. In the first stage, search influence the involvement and participation of children and adolescents in public decision-making, and in the long term generate participation mechanisms that allow the dissemination of the values of open government and innovation in the generation of spaces for participation.
Provide evidence for your answer:
1.3 Please select one option that best describes the commitment:
a continuation of ongoing practice in line with existing legislationCreating and passing legislation is one of the most effective ways of ensuring open government reforms have long-lasting effects on government practices. Technical specifications: Act of creating or r..., policies or requirements.
Provide a brief explanation of your answer:
Although the General Law on the Rights of Girls, Boys, and Adolescents, in its Fifteenth Chapter, art. 72 stipulates that “The authorities […], within the scope of their respective powers, are obliged to provide [etc.], sufficient efforts have not been made to develop spaces for the democratic participation of children and adolescents in the processes of construction of their environments (communities, contexts…) As well as provisions of the Citizen ParticipationAccording to OGP’s Articles of Governance, citizen participation occurs when “governments seek to mobilize citizens to engage in public debate, provide input, and make contributions that lead to m... More Law for the State of Nuevo Leónestablishes mechanisms for citizen participation that will be strengthened by the participation of children and adolescents. Therefore, it is pertinent to comply with the proposal in question in order to meet the needs of the public such as children.
Provide evidence for your answer:
1.4 Please select one option that best describes the commitment:
will result in a change of the rules, practices or policies that govern a policy area, public sector and/or relationship between citizens and is binding or institutionalized across government or specific institution(s).
Provide a brief explanation of your answer:
In accordance with the milestones of the commitment, theoretical instruments will be generated on how to develop participatory projects, as well as spaces for dialogue; however, it is not defined how this project will have long-term continuity. That is, how the participation of children and adolescents in these spaces will be taken into account within the formulation of public policies or, the scope in the operation of these participation spaces.
Provide evidence for your answer:
1.5 Are there any recommended changes to the design of the commitment to help improve its implementation?
No. The awareness and sensitization of the school community require permanent work since childhood and adolescence are advancing in the school stage that intersects with the planning period of the project, which could generate a bias in the execution. Similarly, it is not described that in this way, continuity will be given among the trained teachers so that this activity can be replicated in the medium and long term.
As already mentioned in previous lines, it is relevant to have the most up-to-date versions of the roadmaps to ensure that the company can verify compliance with the activities provided or, to indicate on the web portal that the roadmaps will be updated on a certain future date.
2. Commitment :
Participation through innovation with open dataBy opening up data and making it sharable and reusable, governments can enable informed debate, better decision making, and the development of innovative new services. Technical specifications: Polici... – dataLABNL with Open Government
2.1 Is the commitment verifiable?
Yes
Provide a brief explanation of your answer:
The corresponding milestones and means of verification are detailed in the corresponding Roadmap. The objective of this commitment is the development of the open data pilot project “dataLABNL” by creating prototype solutions for public problems. During the first period, the layout of the project will be carried out and the participation of external actors will be sought to enrich the operating rules. In the medium term, it is planned to carry out the pilot project and a public consultation on the information needs.
Provide evidence for your answer:
2.2 Does the commitment language/activities clearly justify relevance to OGP values?
Yes
Provide a brief explanation of your answer:
The commitment establishes within its objective, the use of data science and the active involvement of citizens to improve transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More procedures of the institution and with this, add to the exercise of accountability by the government. In this way, it affects the fulfillment of essential values of open government such as participation, innovation, transparency, and accountability.
Provide evidence for your answer:
2.3 Please select one option that best describes the commitment:
a continuation of ongoing practice in line with existing legislation, policies or requirements.
Provide a brief explanation of your answer:
The open data proposal is directed to the Law of Transparency and Access to Public Information of the State of Nuevo León as well as the Special Program of Information Technologies, which establishes that the publication of public information in open data formats should be promoted. So that they can be used, reused, and shared by individuals and by the administration itself in the performance of its functions. However, it should be noted that in the medium term, it will have the involvement of key citizens who will be able to expose the information and data needs, in addition to the best publication practices that allow those who use the information to have it in friendly, useful, editable formats and in this way, potentiate the use of public information in open data formats.
Provide evidence for your answer:
- General Law on Transparency and Access to Public Information, Art. 51
- Law of Transparency and Access to Public Information of the State of Nuevo León, Cap. III, Article 77
- Information Technology Special Program
2.4 Please select one option that best describes the commitment:
is a positive change to a process, practice or policy but will not generate a binding or institutionalized change across government or specific institution(s).
Provide a brief explanation of your answer:
The commitment consists of promoting the use of open data and structuring the information of the State Government so that it is accessible, comprehensive, free, non-discriminatory, timely, permanent, primary, readable by computers in open formats, and for free use. (Characteristics of open data according to the General Law of Transparency and Access to Public Information).
This will benefit the practice in the matter and will strengthen the execution of the corresponding regulations
Provide evidence for your answer:
- General Law on Transparency and Access to Public Information, Art. 51
- Law of Transparency and Access to Public Information of the State of Nuevo León, Cap. III, Article 77
- Information Technology Special Program
2.5 Are there any recommended changes to the design of the commitment to help improve its implementation?
The proposal is interesting and innovative to seek government openness and the participatory involvement of citizens, however, the universe that is described continues to be extensive. Therefore, it is recommended to focus efforts on the establishment of specific objectives of participation groups, thematic lines to be analyzed or, alternatively, define specific topics to focus on, which could facilitate the definition of a course of action that can be implemented in the medium term. In the same way, as it is a pilot project, it will serve as a guiding instrument for the future implementation of similar exercises that could be replicated on topics as diverse as social conditions require.
3. Commitment :
Open Government Strategy on Active and Inclusive Metropolitan Mobility – Green Corridors
3.1 Is the commitment verifiable?
Yes
Provide a brief explanation of your answer:
The established Roadmap indicates that the creation of a report on green corridors will allow greater transparency in this matter by detecting the lack of information.
Provide evidence for your answer:
3.2 Does the commitment language/activities clearly justify relevance to OGP values?
Yes
Provide a brief explanation of your answer:
In accordance with the established Roadmap, there is no clear information regarding the issue of green corridors. The creation of this report will allow transparency on the matter. In turn, citizen collaboration through consultations will allow the creation of an innovative instrument on the subject. Therefore, it is intended to impact the values of citizen participation, transparency, and innovation while having an impact on accountability in terms of mobility.
Provide evidence for your answer:
3.3 Please select one option that best describes the commitment:
a continuation of ongoing practice in line with existing legislation, policies or requirements.
Provide a brief explanation of your answer:
It is to be recognized the mobility problem in the Monterrey Metropolitan Area. The Así Vamos 2021 Survey reveals three major mobility challenges for Nuevo León, particularly for the Metropolitan Area: 1) reverse the drop in public transport users, 2) improve efficiency in transfer times, especially for users of trucks, and 3) promote the adequate infrastructure conditions for greater use of the bicycle. Therefore, in addition to being a priority issue for public consultation prior to the design of the LAP, it affects a public problem that demands priority attention from citizens.
Provide evidence for your answer:
3.4 Please select one option that best describes the commitment:
is a positive change to a process, practice or policy but will not generate a binding or institutionalized change across government or specific institution(s).
Provide a brief explanation of your answer:
The document in question presents a diagnosis of the problem that has already been pointed out by other sectors and citizen practice. Although the development of the Roadmap, at the time of consultation, they meet with dialogs open, it is recommended to generate active participation and materialize the milestones more clearly and easily. Highlighting that the contributions of the commitment will be valuable and will allow us to make informed decisions in the future.
Provide evidence for your answer:
3.5 Are there any recommended changes to the design of the commitment to help improve its implementation?
No. Although the commitment is clear and defined, since this is a problem that affects multiple actors and levels of government, it would be worthwhile to involve more actors in order to have a metropolitan panorama that allows knowing the implications of mobility floating.
4 Commitment :
Making proactive transparency in Nuevo León
4.1 Is the commitment verifiable?
Yes
Provide a brief explanation of your answer:
The design of the instrument, in this case, a Proactive Transparency Guide, will include in the first period a public consultation and reviews to corroborate public information needs, as well as socialization mechanisms that allow improvements to the instrument. In the medium term, it will facilitate the sharing of information through the creation of didactic content. In the long term, it is expected to monitor its implementation as a result of the voluntary manifestation of the regulated entities.
Provide evidence for your answer:
4.2 Does the commitment language/activities clearly justify relevance to OGP values?
Yes
Provide a brief explanation of your answer:
The guide directly addresses the importance of transparency for access to information and, therefore, accountability to citizens. Similarly, according to the milestones raised, there will be citizen participation in the development of these, so it is intended to generate a collaborative instrument that affects the public information needs of citizens while facilitating the understanding of its instrumentalization so that it is carried out voluntarily.
Provide evidence for your answer:
4.3 Please select one option that best describes the commitment:
a continuation of ongoing practice in line with existing legislation, policies or requirements.
Provide a brief explanation of your answer:
Currently, the Law of Transparency and Access to Public Information of the State of Nuevo León contemplates that obligated subjects must promote and implement proactive transparency policies seeking their accessibility. Similarly, at the national level, guidelines are established to determine the catalogs and publication of information of public interest; and for the issuance and evaluation of proactive transparency policies, which should set the standard for the characteristics and criteria applicable to proactive transparency.
Provide evidence for your answer:
4.4 Please select one option that best describes the commitment:
is a positive change to a process, practice, or policy but will not generate a binding or institutionalized change across government or specific institution(s).
Provide a brief explanation of your answer:
Pursuant to what is described in the roadmap, the instrument of the”Guideof proactive transparency”, joins the actions to promote the implementation of proactive transparency that the same law provides. However, by the very nature of “proactive” guidelines and in accordance with what is established by current regulations, does not generate a commitment to its execution beyond disclosure and socialization to the regulated entities so that they can implement its use.
Provide evidence for your answer:
4.5 Are there any recommended changes to the design of the commitment to help improve its implementation?
Yes, certainly, it is a product with positive value in terms of proactive transparency. However and the added value that this instrument can provide requires simple language, channeling accessibility mechanisms, and, above all, maintaining an interdisciplinary perspective that allows easy understanding to carry out its execution and thereby encourage more obligated subjects to use the instrument.
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