En sesión ordinaria de este martes, las y los diputados del H. Congreso del Estado, aprobaron un dictamen en el que se derogan y reforman diversas disposiciones de la Ley De Transparencia y Acceso a la Información Pública del Estado de Colima, para garantizar que los requisitos de quien aspire a ser comisionado del Instituto de Transparencia, Acceso a la Información Pública y Protección de Datos del Estado de Colima (Infocol), sean homologados con la Ley Federal en la materia.
El dictamen expuesto en tribuna por la diputada Andrea Naranjo Alcaraz, elaborado por las comisiones de Estudios Legislativos y Puntos Constitucionales y de Anticorrupción y Transparencia Gubernamental estipula también que la reforma da cumplimiento a una determinación de la Suprema Corte de Justicia de la Nación, que establece que una distinción se basa en una categoría sospechosa cuando utiliza alguno de los criterios enunciados en el último párrafo del artículo 1 de la Constitución Política de los Estados Unidos Mexicanos: a) origen étnico, b) nacionalidad, c) género, d) edad, e) discapacidad, f) condición social, g) salud, h) religión, i) opiniones, j) preferencias sexuales, k) estado civil, i) o cualquier otra que atente contra la dignidad humana y tenga por objeto anular o menoscabar los derechos y libertades de las personas.
En ese sentido, el dictamen de la iniciativa propuesta por la diputada Viridiana Valencia Vargas, deroga la fracción IX y reforma la fracción X, ambas del Artículo 79 de la Ley De Transparencia y Acceso a la Información Pública del Estado De Colima, puesto que, en el caso de la fracción novena, no se justificaba ninguno de los requisitos estipulados, además de que tales, no los contempla la Ley Federal ni la Constitución.
Los requisitos derogados son: “No haber ocupado un cargo directivo en un partido o asociación política, ni haber participado como candidato a algún cargo de elección popular, durante al menos dos años previos a la fecha de la convocatoria”.
Así también, el dictamen reforma la fracción X del mismo artículo 79 de le ley local referida anteriormente, para adicionar como requisito “no haber sido Fiscal General del Estado en un año anterior”, ya que ese mismo supuesto se establece en la Ley Federal.
Es así que la fracción reformada estipula que otros de los requisitos para ser comisionada o comisionado del Infocol serán: “No haber sido Gobernador, Diputado Federal o Local, Senador, Alcalde, Regidor, Síndico, Fiscal General del Estado, dentro de un año anterior a la fecha de emisión de la convocatoria”.
El presente decreto entrará en vigor al día siguiente a su publicación en el Periódico Oficial del Estado de Colima.
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