Summary.
The draft bill adds provisions on local government accountability to Law 37 of 2009. It defines accountability as a means of citizen participation through which local authorities report on, explain, and justify their management, their use of public resources, and the results achieved. The mechanism is intended to enable public oversight and citizen feedback and supplements the legal duties of transparency and access to public information. Local government authorities must hold at least one accountability exercise each year in public, open, and accessible spaces, ensuring effective citizen participation. They must promote in-person meetings and may supplement them with virtual or electronic means when conditions permit. Each local government will regulate the procedures, channels, and formats for these exercises in keeping with its constitutional autonomy and the principles of transparency, openness, and citizen participation.
Proposed Article 136-G requires local governments to publicize accountability exercises in advance. They must also ensure public access to the information presented and to the results, conclusions, and recommendations arising from those processes. This information must be disseminated through means accessible to the public, with the aim of encouraging effective citizen participation. The requirements cover both advance notice and the public’s ability to consult the material presented and the outcomes after the exercise takes place.
Proposed Article 136-H directs the State and local governments to encourage citizen participation in these processes through institutional, educational, and symbolic incentives. Measures they may adopt include public recognition of citizens, community organizations, or local governments distinguished by their participation practices; training and education programs on citizen participation and public oversight; forums for sharing sound practices in participation and accountability; and events or activities intended to promote a culture of citizen participation at the local level. Implementation of these incentives is subject to budget availability and must respect municipal autonomy.
The draft bill directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within no more than six (6) months after promulgation. It reiterates the addition of Articles 136-F, 136-G, and 136-H to Law 37 of June 29, 2009, and provides that the law would take effect on the day following its promulgation. Its provisions concern the State, the Executive Branch, local authorities and governments, and the citizens and community organizations involved in local government affairs and public oversight.
What it proposes.
- Accountability by local governments.
- Citizen participation and access to information from public accountability exercises.
- Incentives for participation and public oversight.
Who it would affect.
- Local government authorities.
- Local governments.
- Citizens and community organizations.
- The State and the Executive Branch.
Key points.
- Defines local government accountability as a means of citizen participation that supplements duties of transparency and access to public information.Art. 1
- Requires local authorities to hold at least one annual exercise in public, open, and accessible spaces and to promote in-person meetings.Art. 1
- Allows virtual or electronic means to supplement meetings and directs local governments to regulate procedures, channels, and formats.Art. 1
- Requires advance notice and public access to the information, results, conclusions, and recommendations from each process.Art. 2
- Provides for recognition, training, sharing of sound practices, and local activities as incentives subject to budget availability and municipal autonomy.Art. 3
- Directs the Executive Branch to issue implementing regulations within no more than six (6) months after promulgation.Art. 4
- Adds Articles 136-F, 136-G, and 136-H to Law 37 of June 29, 2009, and sets the effective date as the day after promulgation.Arts. 5-6