Ley Orgánica de la Administración Pública Federal: sus efectos para los gobernados, IIJ-UNAM — Transcript

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1. 0:20On November 30th of this year, the
2. 0:22reforms, additions, and repeals were
3. 0:24published in the Official Gazette of
4. 0:27the Federation. Specifically, some of
5. 0:29the provisions contained in the Organic
6. 0:31Law of the Federal Public
7. 0:32Administration. But considering all
8. 0:35this, the question that immediately
9. 0:38arises is: what are the effects for the
10. 0:40governed, for citizens like you or me?
11. 0:45The effects that this provision has
12. 0:47deserve that we first establish what we
13. 0:49are talking about. The State,
14. 0:52understood as the supreme political
15. 0:55organization of all peoples, has three
16. 0:58essential elements: people, territory,
17. 1:01and power. For the exercise of the
18. 1:04latter, it is divided into three
19. 1:06functions in accordance with our own
20. 1:08Constitution: the executive,
21. 1:10legislative, and judicial functions. To
22. 1:13be able to operate and function, it is
23. 1:16essential for this entire organization
24. 1:18to have an organic law. Thus, we have
25. 1:22the Organic Law of Congress, the
26. 1:24Organic Law of the Judiciary, and the
27. 1:26Organic Law of the Public
28. 1:27Administration. It is this law that we
29. 1:30are referring to with all these reforms
30. 1:32. What implications does it have, then,
31. 1:34for the governed? Well, the first thing
32. 1:37we have to establish is that we now
33. 1:38have a new cabinet department. There
34. 1:41are now 19 cabinet departments. This
35. 1:44new cabinet department is the
36. 1:45Secretariat of Security and Civilian
37. 1:47Protection. There is also a change in
38. 1:50the name of a secretariat: the
39. 1:51Secretariat of Social Development. Its
40. 1:54name will now be the Secretariat of
41. 1:56Welfare. There is an important
42. 1:59implication within the framework of
43. 2:00this reform. Previously, it was
44. 2:03intended that cabinet departments have
45. 2:05or contain a chief officer in their
46. 2:07structure. That chief officer remains,
47. 2:11but only in three secretariats: the
48. 2:13Secretariat of the Navy, the
49. 2:15Secretariat of National Defense, and
50. 2:17the Secretariat of Finance and Public
51. 2:19Credit. In the others, this position
52. 2:21disappears and is replaced by what will
53. 2:24be known as administrative and
54. 2:26financial units. How important is this?
55. 2:30It is very important within the
56. 2:32professional career service scheme;
57. 2:35this new area has a lower level than
58. 2:37that of the chief officer, which will
59. 2:40also imply a reduction in income and
60. 2:42throughout the structure below. This is
61. 2:47an important implication. What other
62. 2:49modification is there regarding this?
63. 2:52Well, it must be mentioned that the
64. 2:54Secretariat of Finance and Public
65. 2:56Credit, through its chief officer, will
66. 2:58be in charge of being the provider or
67. 3:00managing procurement; that is, it is
68. 3:02the entity that will be in charge of
69. 3:04all the acquisition of goods and
70. 3:06services required for the federal
71. 3:08public administration, both nationally
72. 3:10and internationally. While it is true
73. 3:14that the argument presented both in the
74. 3:16statement of purpose and in all the
75. 3:19interviews that have arisen as a result
76. 3:21of this, from academic researchers, is
77. 3:23precisely that what is being sought is,
78. 3:26well, to generate savings, ensure
79. 3:28transparency, and avoid corruption.
80. 3:30However, in this regard, I have two
81. 3:32observations. The first is that buying
82. 3:35in large quantities indeed makes things
83. 3:38easier and lowers costs, but it is
84. 3:40essential that protocols and indicators
85. 3:42are contemplated for how the purchase
86. 3:44of these goods or the contracting of
87. 3:47services must be carried out. Otherwise
88. 3:50, if it is not clearly established, it
89. 3:52is open to interpretation, and this
90. 3:55interpretation can generate some
91. 3:57problems, not only of opacity but also
92. 3:59problems of corruption. Furthermore, we
93. 4:02must take into consideration that each
94. 4:04of the government ministries has
95. 4:06different needs and must gauge the
96. 4:08needs of the social sector to which
97. 4:11their programs are directed. That is to
98. 4:13say, there must be social sensitivity.
99. 4:16Therefore, the acquisition of goods for
100. 4:18the Ministry of Public Education is not
101. 4:19the same as, for example, for the
102. 4:21health sector or for the Ministry of
103. 4:23Foreign Affairs. So, that is where we
104. 4:25should perhaps reflect, reflect on what
105. 4:28these protocols are going to be. While
106. 4:32it is true that, uh, the transitional
107. 4:34provision indicates that the provision
108. 4:37will enter into force the day after its
109. 4:39publication, that is to say, as of
110. 4:41December 1st of this year, the
111. 4:43transitional provision clearly
112. 4:45indicates that there will be 180 days
113. 4:47for the Executive to carry out all the
114. 4:50adjustments and modifications to the
115. 4:52regulations where, surely, all these
116. 4:54doubts that I raise will be clarified.
117. 4:58But it is essential that it be
118. 5:00contemplated, that it be signaled that
119. 5:03there is an alert: in the event that
120. 5:05all these protocols are not implemented
121. 5:07, there can clearly be risks that this
122. 5:09proposal, which is surely intended to
123. 5:11improve things and make all acquisition
124. 5:14and service contracting processes
125. 5:16transparent, could generate a serious
126. 5:18long-term problem, and not only in the
127. 5:20long term, but also that this
128. 5:24efficiency in the distribution and
129. 5:25management of resources is not achieved
130. 5:27. So, there are different questions,
131. 5:30such as, for example, what is the
132. 5:32logistics for the delivery of all these
133. 5:33goods going to be? Let us wait for the
134. 5:35regulations and let us also hope that
135. 5:37in the regulations this whole situation
136. 5:39is contemplated so that it does not
137. 5:41generate doubts. And indeed, like all
138. 5:43human work, it is perfectible. I
139. 5:45believe that we should not get ahead of
140. 5:47ourselves and say whether it is good or
141. 5:48bad. It is simply a matter of being
142. 5:51informed about what these new
143. 5:53provisions consist of and, on the other
144. 5:55hand, for the entire community to be
145. 5:57attentive to their due compliance, but
146. 5:59also to provide feedback and identify
147. 6:01areas of opportunity within the
148. 6:03provision.