Therefore, there is a decisive challenge to all stakeholders involved in the electoral
process, including the Constitutional Council, in order to find common ground on this
issue. Eventually, by hypothesis, the excessive percentage of null should be envisaged
as sufficient evidence to cause a further investigation of the CNE - especially when the
CNE has proof within your own office.
35. Therefore, it constitutes a challenge for the electoral administration bodies, improve
more and more the overall electoral process since the civic education, electoral
registrations, voting and counting of the final results in order to avoid complains on the
validity of the electoral results and discredit of the process, taking into consideration that
the opposition parties have always been complaining, among other aspects, on this type
of situations as a way of refusing the results of electoral processes and endangers the
whole of previous process which lead to the same results.
Objective 3: To promote and protect economic, social cultural and political rights
The APR Panel recommended the acceleration of the approval of the Laws on Access to
Sources of Information (i); the National Commission of Human Rights (CNDH) should draft
and implement a national programme for civic education so as to allow all to get to know their
rights (ii); and guarantee a policy based on the respect of the citizens´ fundamental rights (iii)
and; creation of a complaints mechanism and protection of the victims of abuse and that the
perpetuators be exemplarily punished (iv).
36. With regards to the APR Panel recommendation to speed up the passing of a Law of
Access to Sources of Information, it should be noted that after public debates and
workshops the bill was submitted to the parliament on 30th November 2005. However,
the new draft of the proposed law on the Access to Sources of Information was
resubmitted to the Parliament in 2010, and at the time this report is being compiled it was
on the agenda for debate and analysis in the 1st Session of the Parliament that started in
May in 2013.
37. In this context, it is expected that with possible approval of this Law, the State will fulfil
the constitutional principle of the right to access to sources of information as it is
foreseen in article 42 in its number 2 of the Constitution. With this move, then the
principle that “the State must not prevent citizens from having access to information, on
the contrary it must create conditions for the citizens to get informed” will be fulfilled.
38. Therefore, access to the State public information by the citizens will be done observing
rules based on a legal instrument which creates parameters of relationship between the
public and the public administration with the aim of maintaining the public informed on
the activities carried out by public administration and thus contributing to transparency in
its acts. However, there is a challenge to of publicize widely the Law to promote more
transparency.
39. With reference to the recommendation by the APR Panel on the need for the National
Commission for Human Rights (CNDH) to introduce a national programme on civic
education for the public to know its rights, it ought to be mentioned that the Commission
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