Monday, June 27, 2016
Mexican President Vetoes Onerous
Articles as for Corruption
Office of the
Mexican President Enrique Peña Nieto, exercising
the constitutional right to make observations on laws passed by Congress, known as the power of veto, submitted Article 32,
subsections b and c, of the General Law on Administrative Responsibilities and 15 related sub-sections, to the Senate for
These articles state
that any individual, either an individual or a company, who spends public funds or contracts with any government agency must
submit asset declarations.
informing the authorities of all of his or her assets. It also states that all persons working in a company that contracts
with the government, i.e., all the workers in a firm, regardless of their role within it, would have to submit these declarations.
The government has listened
carefully to the voices that argue that this measure is excessive and would make the National Anti-corruption System inoperative
as it would be impossible to process millions and millions of declarations. It would also discourage individuals from providing
services or selling products to governments.
Most importantly, it would affect people who are not linked to contracting, such as beneficiaries of the PROSPERA Program
or CONACyT grant holders, among others.
With the conviction that criticism of these articles has shown a very real problem in the operation
of the national system, and that this measure would contravene the human rights enshrined the Constitution, by excessively
affecting the privacy and data protection of Mexicans and even foreigners who do not live in the country, the President is
proposing amendments to strengthen the national anti-corruption system.
“This in no way reduces the authorities’ capacity to investigate and punish
individuals acting irregularly in relation to the state.”
National Anti-corruption System
The National Anti-corruption System provides novel and
useful tools for this purpose, such as case by case, contract by contract proof that the individual is not involved in a conflict
of interest, as well as penalties that would be incurred for acts of corruption, ranging from sanctions to the dissolution
of firms, and, where appropriate, imprisonment.
The partial observations that have been made are primarily intended
to permit collaboration with the legislative branch to strengthen institutions and ensure that all rules adopted by Congress
abide by the Constitution.
not to delay the implementation of the new National Anti-corruption System, the president has asked Congress to hold an extraordinary
“The Anti-Corruption System is designed by citizens for citizens. Its primary objective is to protect their right
to ensuring that the funds provided through their taxes are used in the best possible manner.”
"Presidential Veto of Article 32 of General Law of Administrative Responsibilities,"
Presidency of the Republic, Jun. 23, 2016, Mexico, DF; translation by Presidency of the Republic (edited)