Mexico’s emerging e-government program: the role of the internet in promoting economic development, democratic...
| Autor | Robert M. Kossick, Jr. |
| Cargo | Esq. Professor of Law, University of the Americas, Mexico, DF. Attorney at Law, Aballi, Milne, Kalil & Escagedo, P.A., Miami, FL . |
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INTRODUCTION
Prior research (1) and the experience of other nations (2) indicates that the Internet can play an important role in promoting democratic governance, economic development, and the rule of law. In express recognition of this potential, Mexico has, as part of its National Development Plan, recently initiated an ambitious project to create a networked society wherein certain government information, services, and transactions can be obtained and/or realized with enhanced integrity from any location in the republic (the “E-Mexico” program)(3). As described by the Asociacion Mexicana para el Comercio Electronico (“AMECE”), a leading private sector advocate for Internet issues, the E-Mexico program “is an integrating project, one that seeks to articulate the interests of distinct levels of government, diverse entities and public dependencies, operators of telecommunications networks, as well as public and private institutions in order to expand the coverage of health, education, commerce, and government services.(4)” Properly managed, this Internet based program could serve as a mechanism for (1) overcoming the developmentally debilitating effects of endemic inefficiency, formalism, corruption, mistrust, and lack of penetration, and (2) creating the conditions under which Mexico’s prior efforts at economic, political, and legal reform can flourish.(5) These developments could, in turn, facilitate Mexico’s ongoing transformation from an authoritarian state characterized by a patrimonial socio-political organization to one dedicated to building pluralistic, meritocratic, and transparent institutions capable of supporting its integration with the developed world.
The first part of this paper identifies and analyzes the core components of Mexico’s e-government program as presently conceived and/or implemented. In accomplishing this objective, attention is paid to the program’s underlying political, legal, and technological framework, as well as its developmental impact. The second part of this paper makes a series of policy recommendations, the adoption of which would permit Mexico to more fully benefit from the developmental opportunities presented by the Internet. Comparative consideration of the e-governance experience of other Latin nations is undertaken to the extent that it puts the development of the E-Mexico program into clearer perspective. The paper concludes by arguing that Mexico’s timely implementation of a functional and responsive e-government program could help restore the country’s diminishing faith in neoliberal economic policy and democratic governance, thereby strengthening its competitiveness in the global economy.
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INITIAL DEVELOPMENTS
Under the determined leadership of the Fox administration, Mexico has taken the first step towards e-governance by facilitating the migration of certain governmental functions and services – namely, citizen participation, civil servant declarations, tramites (official solicitations and registrations), procurement, the registros publicos (“public registries”), and tax filings – to an expanding network of government operated websites.(6) Reflecting the nascent state of e-government in Mexico, some of these websites have the look, feel, and functionality of static electronic brochures. Those sites that are not already interactive will undoubtedly become so, going forward, as the Mexican government comes under pressure to meet the demands of increasingly service- and performance-oriented citizens and investors.(7) The ways in which the aforementioned governmental functions and services are amenable to the transformative influences of the Internet are discussed below.
A.CITIZEN PARTICIPATION
Notwithstanding the fact that it has a governmental structure organically similar to that of the United States (i.e., a tri-partite division premised on the notion of a separation of powers), Mexico has never had a strong tradition of citizen participation in government. (8) Testifying before the House Committee on Small Business, noted Mexican scholar John Bailey characterized Mexico’s political system as one “obsessed with central control, lacking a tradition of democracy and participation, and deeply skeptical about the uncertainties of risk taking inherent in democratic competition.” Continuing, he noted: “Its basic instinct in confronting opposition is to co-opt, negotiate, and persuade; if these fail, its methods include divide, debilitate, denounce, and – as a last resort – repress.” (9)
The historic losses recently suffered by the PRI contain important implications for the process of governance in Mexico. (10) Where the PRI’s long-standing control of the congress facilitated a top-down, “metaconstitutional” approach to law making, Mexico’s legislators must now develop and deploy consensus and/or coalition building skills.(11) As one trade publication relates, “Mexico is shaking off the authoritarian one-party state that has governed for most of this century and a more plural and democratic country is emerging. With it, too, a new culture is slowly forming, characterized for the first time by negotiation and persuasion and democratic give and take.” (12) The novel situation of legislative uncertainty produced by this change, coupled with the contemporaneous explosion of political awareness made possible by the rapid spread of information and communications technologies (“ICTs”), has opened up unprecedented opportunities for citizen participation in Mexico.(13) Although Mexico retains a representative form of political organization, its elected officials are learning that legislative and political success in the knowledge era comes to those who are most responsive to the input of an expanding range of increasingly organized constituents and interest groups.(14)
In recognition of the changing political role of the Mexican citizen, the Fox Administration has established a digital channel whereby individual citizens and civic groups can participate in the articulation of Mexico’s National Development Plan (the “Consulta Ciudadana”)(15). Based on the “E-Advocacy”(16) and “Interactive Service” (G2C2G)(17) models, the Consulta Ciudadana facilitates both the expression of opinion (Foro de Consulta) (18) and the proactive presentation of legislative proposals (Buzon de Consultas)(19). The creation of this channel is positive insofar as it enables more individuals and groups to gain admission to the law-making arena by removing the barriers of distance and political access.(20) This is noteworthy given the fact that Mexico’s laws have traditionally been made by Mexico City based elites with little first-hand knowledge of the social, economic, legal, and political interests and/or concerns of the people they govern.(21) Going forward, the Consulta Ciudadana has the potential to serve as (1) an important conduit for the expression of fresh political thoughts, practices, and values, and (2) a mechanism for assuring that laws promulgated in the capital pragmatically relate to the reality of the subject matter they intend to regulate.
The Consulta Ciudadana is additionally significant in that it marks the beginning of the disintermediation of politics in Mexico and the rise of a more “direct” form of democracy.(22) Assuming (1) the rectification of Mexico’s substantial Internet access problem, and (2) the existence of the genuine political will to expand the substantive scope of the channel, (23) the Consulta Ciudadana could help bring about a fundamental re-definition of the social contract underlying the citizen-government relationship.(24) These ICT-related developments could, in turn, contribute to the transformation of Mexican authority structures and facilitate the growth of self-regulatory practices. (25)
B.TRANSPARENCY
Mexico has a deeply entrenched history of non-transparency. (26) The PRI’s seven decade stranglehold on power, coupled with its careful control of information and adherence to the principle of self-determination, insulated Mexico from adverse scrutiny and, to a lesser degree, accountability. Considered in the context of Mexico’s patrimonial socio-political organization, this lack of transparency fostered rampant corruption (27) and eroded economic, political, and legal certainty. (28)
Drawing on the experience of other Latin nations in using the Internet as a tool for overcoming the developmental impediments posed by non-transparency and corruption,(29)the Fox administration has begun to use the E-Mexico program a platform for showcasing the patrimonial information of civil servants (“Declaranet”). (30) Premised on the “Broadcasting/Wider Dissemination” model, this type of digital resource “opens up an alternate channel for people to access information as well as to validate information available form other sources.” (31)
While Declaranet constitutes a revolutionary step in the direction of transparency, it may ultimately be of limited value in that all quantitative and qualitative issues of disclosure are left to the absolute discretion of the government. Viewed next to Argentina’s “cristal.gov” (which contains, inter alia, information regarding the national debt, the national budget, the national currency, the financial records of public figures, as well as the techniques and/or standards used in collecting this data), for example, Mexico’s Declaranet appears both substantively anemic (it only provides information about the patrimonial declarations of civil servants)(32) and methodologically ambiguous (no indication is given as to how data is generated and/or audited)(33). By acting to improve both the quality and quantity of information disclosed, Mexico could strengthen citizen and investor perceptions regarding the integrity of the political system and improve its record of compliance with international treaty obligations (34).
Another way transparency can be enhanced in Mexico is through the adoption and enactment of a Habeas Data...
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