Julio César De la Rosa Tiburcio, General Coordinator of ADOCCO.
Santo Domingo, July 9.- The Anti-Corruption Association (ADOCCO) confirmed this Sunday that the contracting, design and issuance of an electronic passport in the Dominican Republic is against national security. Constitution and other laws of the country.
As Atoko pointed out in a press release, this provision is specifically against Article 49 of the Magna Carta on freedom of expression and information.
The text states that everyone has the right to freely express their thoughts, ideas and opinions in any form, without the establishment of prior censorship.
Everyone has the right to information. This right includes all forms, of a public nature, by any means, channel or means, to seek, inquire, receive and disseminate, Adocco said.
Likewise, the National Security Proclamation included an exception to its application in its paragraph 1, which declared that all information relating to contracts entered into under the Public Procurement and Contracts Act is “classified” for one year.
In particular, for reasons of security or national emergency, it provides that the exception shall prevail only for information about the technical characteristics of the document which may affect the public interest, life or the economy of the country, prior notification and damage. Support by mandate.
As for the law on free access to public information cited in the Decree, it includes the right to access information contained in the acts and files of public administration, periodically reporting on activities carried out by publicly acting entities and individuals. operations, as long as this access does not affect national security.
“It does not indicate in any way information about the suppliers or providers of the item purchased with public funds,” said Julio de la Rosa Tiburcio, a resident of the organization.
In the same way, the “provision” contemplated in the law establishes limitations and exceptions to the duty to inform by the state and organizations, especially those classified as information related to the security or defense of the state. “Assigned” by law or by order of the executive branch.
This, according to Atokoo, “makes it very clear that it works with respect to the designs and structure of the document, not the issuers of the documents, in the case of organisms.”
The statutes supporting the mandate and its corresponding regulations establish exceptions to the fundamental right that citizens create and, for this reason, clearly indicate the circumstances under which they may be restricted when they affect national security.
For this reason, the mandate cannot expand the reserve in basic aspects such as transparency in the management of the resources of the Dominican people, they do not have the right to know the cost of the acquisition, the benefited companies, the quality of the acquired, the shareholders. Companies and above all, capacity, compliance record, as well as creditworthiness and experience.
Adocco reiterated that the exception mentioned in the Purchases and Contracts Act and the Free Access to Information Act applies only to information about the properties of the notebook, which in no way overrides the fundamental right to information as enshrined in Magna Carta.