Recently he valued himself in a
factory on the law of access to the public information that,
to get itself to approve this initiative, he would come to
grant to the citizens the adapted instrument to balance the
exercise of the power in our democracy. This affirmation
arose from the criterion from which in Nicaragua those that
they exert the power are divorced of which, by universal
suffrage, they decided to grant that privilege to them and,
consequently, never fulfill the will of the majority and,
less still, accounts on their performance in the
institutions and administration of the resources render
public.
For that reason, according to one
said, it is important that the law is approved because, for
the first time, the citizen will count on a tool to force to
his representatives or officials government to give the
required information, with which the balance of the power
would incline a little next to the majorities and would
elevate the level of transparency of the public management.
This, nevertheless, is a truth by halves.
They exist power groups that, so
and as the margin of its battle area is designed the law,
have left and, therefore, the citizens never will be able to
know on its performance, even though they handle resources
of the State Treasury. This must to that the idea that
reigns some institutions, of the nature of their functions,
do not have to be in favor subject to any type of control,
far from it to the scrutiny of the citizens. I talk about
particularly to the military like group of being able and to
the Army of Nicaragua like institution of the State.
It seems that those that designed
the law of access to the public information at all costs
avoided to include the Army of Nicaragua not to incomodar to
the military. Although in its article 4, interjection “c”,
this norm establishes that the Executive, like being able of
the State, is one of the forced subjects of the law, the
Army of Nicaragua cannot be included in him because it is
not a dependency of the Executive since it has been believed
or made believe until today.
Within the Law of Organization,
Competition and Procedures of the Executive authority the
Army of Nicaragua is not contained like dependency of the
Executive, not even in articulated his referring to the
Ministry of Defense, reason why this institution of the
State is excluded from the scope of the Law of access to the
public information.
More worse still, rather the law
seems to guarantee that the citizens we do not have right to
request surrender of accounts to the military or the Army of
Nicaragua, this by or exposed, but also because articulated
his he is very general and, as far as the classification of
the information, it only establishes that the same one will
be able to be considered secret when the revelation of this
one can put in risk the national security or the defense of
the national sovereignty, without granting causal specific.
That is to say, the military can
shield themselves in not revealing, for example, how much of
the budget they spend for infrastructure maintenance because
simply they could consider this information like secret
investigation mainly because “she would attempt against the
security or national defense”, when article 15 of the Law of
access to the public information grants faculties to the
holder of any organization to consider reserved any
information, sustaining itself in these very ample criteria.
In other legislations, like the
one of Peru, the information is specified in the body of the
law that yes must be classified like secret investigation.
For example, the plans of military, operations and technical
or scientific plans of intelligence and counterintelligence,
developments of the national defense, operational, logistic
defense and connected orders, related to plans of military
defense, plans of defense of bases and military
installations, the war material and the information of the
military personnel, to mention some.
But in our law, the majority
creates an emptiness, which will be filled with the “healthy
criterion” of the holder of the organization, that will
decide, in the end, which information is secret and which
no. For that reason I believe that the legislators, when
they discuss the necessary reforms to the law, before being
approved in the plenary one of the National Assembly, must
guarantee that no group of being able is to the margin of
the Law of access to the public information, so that this
instrument fulfills its assignment to balance the power in
favor of the citizens.
