### Democracy: The Starting Point for Access to Information
_Last September 15th marked the International Day of Democracy, a celebration that often goes unnoticed in our country as it coincides with the day of the Cry of Independence. This coincidence is fortuitous: the International Day of Democracy is celebrated on that date because, on that day in 1997, the Universal Declaration on Democracy was adopted by the Inter-Parliamentary Union (IPU)._
The Declaration establishes the fundamental principles of democracy, accepted by the 193 member countries of the IPU. One crucial principle is as follows:
>”Judicial institutions and independent, impartial, and effective control mechanisms are the guarantee of the rule of law, the cornerstone of democracy. For these institutions and mechanisms to fully uphold compliance with standards, improve procedural fairness, and remedy injustices, it is necessary for all individuals to have access to administrative and judicial resources based on equality and respect for administrative and judicial decisions by state bodies, public power representatives, and each member of society.”
With the development of our legal and institutional framework regarding access to information, Mexico has set an example to the world by creating an independent, impartial, and effective control mechanism, as noted in the aforementioned paragraph.
This relationship between democracy and access to information reminds us that, in our country, this right has its roots in the national democratic development.
Modern Mexican democracy is founded on the 1977 political-electoral reform, a result of the demands of political parties and social movements, particularly those of socialist orientation, which called for greater representation within public power and a more equitable political competition environment. Within these reforms, the concept of “access to information” was introduced into the Constitution for the first time, under the idea of granting political parties the prerogative to inform citizens about their proposals and platforms through state media. However, the reformed text only generally mentioned that the right to information would be guaranteed by the State.
From that wording, in 1982, writer Ignacio Burgoa requested that the Ministry of Finance and Public Credit (SHCP) inform him of the exact amount of foreign debt. After receiving a denial, Dr. Burgoa filed for legal protection, and the Supreme Court of Justice of the Nation (SCJN) ruled that the right to information was collective, not individual, and that the SHCP had not violated that right since it provided the information in its public reports. Despite this setback, the case marked a significant precedent in the demand for public information in Mexico.
Later, in 1995, the Aguas Blancas case marked another relevant milestone. After the massacre of 17 people, local authorities deliberately concealed the information to protect the involved security elements. On this occasion, the SCJN concluded that there had been serious human rights violations, including the violation of the right to public information access.
Thus, a right originally conceived as a prerogative for political parties gradually became a right enforceable by individuals against the State. The culminating point in the evolution of this right in Mexico was the publication of the first Federal Law of Transparency and Access to Governmental Public Information in 2002, a result of a vast social movement in favor of transparency and accountability in our country.
For all the aforementioned reasons, whenever we celebrate our democracy, let us remember that it intrinsically includes the right to access information, a fundamental tool for societal empowerment and national transformation.
_Adrián Alcalá Méndez is a Baja Californian and the President Commissioner of INAI (National Institute of Transparency, Access to Information, and Protection of Personal Data)._
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### Additional News on the Topic
**Rise in Access to Information Requests After Reform**
Since the latest reforms to the laws governing access to public information, there has been a marked increase in requests from citizens seeking government data. Experts attribute this rise to increased public awareness and confidence in the transparency mechanisms now in place. Analysts note that this trend strengthens the bond between democratic values and informed citizenry, emphasizing that an engaged public is essential for effective governance.
**Challenges in Ensuring Equal Access to Information**
Despite progress, there are still challenges in ensuring equal access to information across all regions and demographics in Mexico. Rural areas and marginalized communities often face obstacles due to a lack of infrastructure and limited internet connectivity. Civil society organizations are advocating for more inclusive policies and investments in technology to bridge these gaps. They stress that true democracy is achieved only when all citizens have equal opportunities to access and utilize information for their benefit.
**Global Perspectives on Information Access and Democracy**
Internationally, there is a growing recognition of the importance of access to information as a pillar of democracy. Countries around the world are adopting similar transparency laws and measures to ensure that citizens can hold their governments accountable. As these global trends continue, Mexico’s ongoing efforts in this area place it at the forefront of the movement towards more transparent and democratic governance practices.
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