- Jesus Martinez Hernandez *
On August 1, we will witness once again a historic event in the democratic life of our country. The first popular consultation will be conducted; An important tool for citizen participation, through which, by casting votes Citizens may freely, confidentially, direct, personal and non-transferable participate in the decisions of public authorities on one or more issues of national or regional importance within the competence of the Federation.
In other words, we are talking about a direct participation mechanism, in which Citizens approve or reject one or more proposals on issues of public interest.
The Political Constitution of the United Mexican States, in Article 35, Section VIII, provides for the right of citizenship to vote inpopular consultations on issues of national or regional importance; Determine that the said consultations will be subject, among other aspects, to:
They are summoned by the Federal Congress at the request of the President of the Republic; From the equivalent of 33% of the members of either House of the Federal Congress; or, in the case of popular consultations on issues of national importance, by citizens, in a number equal to at least 2% of those registered on the nominal list of electors.
In the case of popular consultations on issues of regional importance, the competence of the Federation, citizens of one or more federal entities, in an equivalent number, at least, to 2% of those registered on the nominal list of electors in the corresponding state or statesn. Except in the latter case, the petition must be approved by a majority of each house of the Federal Congress.
When the total participation in The popular consultation corresponds, at least, to 40% of the citizens registered in the nominal list of electors, and the result will be binding For the federal executive and legislative authorities and for the competent authorities.
Likewise, it is important to bear in mind that the restriction of human rights recognized in the Constitution and international treaties, or the guarantees of their protection, cannot be the subject of popular consultation; the principles enshrined in Article 40 of the Constitution; permanence or continuity in positions of popularly elected public officials; the electoral question of the financial system, revenue, expenditure and expenditure budget of the Union; Infrastructure works are in progress; National security, organization, operation and discipline of the permanent armed forces.
The Supreme Court of Justice of the Nation shall, before the convocation of the Federal Congress, decide the constitutionality of the question of the counsel.
Now, within the popular consultation process, the National Electoral Institute (INE) plays an essential role, as it is directly responsible for organizing, publishing, developing, calculating and announcing the results.
Institute It will promote citizen participation in popular consultations and will be the only body responsible for dissemination. Promotion should be neutral and without affecting citizens’ preferences, with an emphasis on promoting informed discussion and thinking in citizens. No other natural or legal person may use propaganda on radio and television with the aim of influencing the opinion of citizens in popular consultations.
During the period covered by the popular consultation process, from the call to the conclusion Today, publication in the media must be suspended for all government propaganda for any government order, except for those intended to disseminate information campaigns of electoral authorities, or those relating to educational and health services, or those necessary for civil protection in emergency situations;
According to the Political Constitution of the United Mexican States, the popular consultations will take place on the first Sunday of August; and, in the specific case, from The popular consultation, which will be held on August 1, 2021, aims to show citizens their approval or rejection of measures to clarify political decisions taken in the past, in accordance with the legal framework.
- * Executive Member of the Board of Executive Constituency 03 / National Electoral Institute of Tlaxcala