Dj vu: Government secrecy over Cinta Costera

The Ministry of Public Works (MOP) in refusing to release information on the Cinta Costera is following in the steps of the previous administration.

The revelation comes from La Prensa which claims that the Ministry headed by  Federico José Suárez has not responded to a public information request addressed to him in August 4, 2011.

The  editor, Fernando Berguido, said several requests by our journalists," to know the breakdown cost and design of the third phase of the coastal strip have gone unanswered.

“Law 6 of 2002 (the ‘Transparency Law’) states that institutions have 30 days to formally provide the required information, ie, that Suarez had until September 4, 2011 to answer the request of La Prensa. He has not done so .Nor has  he met journalists of this newspaper that have repeatedly asked  for the information by email, telephone or personally.” said Berguido.

Law 6 of 2002 lays down that every person is entitled to request "without justification or support  or any reasons," the information that is held by the authorities.

The  secrecy of Suarez persists, says La Prensa although the work was awarded last March to the Brazilian construction company Norberto Odebrecht   which has already prepared three studies on environmental impact assessment (EIA) on different components including a  “tourist” breakwater work on Avenida de los Poetas and the likning of Avenida Balboa and Las Poetas.

The MOP  has spent more than a quarter of a million dollars to directly hire the consultant  Five Senses Productions, to take charge of the road realignment plan, which includes the Cinta Costera.

In a letter to Suarez, Berguido included a copy of the $776.9 million contract with Norberto Odebrecht with the alternatives presented by the builder, the breakdown of costs, and exact location of the works and possible fillings.

It also required a comparison of costs between the three road interconnection alternatives: tunnel, filling or marine viaduct.

The MOP tendered the tunnel project and  said past experience in this type of underground was key to the prequalification of contractors. After awarding the contract, and still without  giving costs or reasons, the Government seems to advance a viaduct as stated the EIA submitted in December to the National Environmental Authority.

It has not been stated  why this alternative is more convenient and why it ignored a commitment six months ago with the United Nations Educational, Scientific and Cultural Organization (Unesco) to suspend the work until an international panel of experts  has examined the options of the tunnel, filling and viaduct.

It is not the first time that different administrations of the MOP have refused to give public information on the coastal strip says  La Prensa.

When the government of Martin Torrijos announced that it would fill 35 hectares on Avenida Balboa, then MOP Minister Benjamin Colamarco avoided giving the plane, so a writta against the minister was submitted to Supreme Court on  August 6 2008.

At that time, the current president, Ricardo Martinelli seeking votes as the candidate of Democratic “Change” expressed concern about the lack of transparency of the project and expressed solidarity with La Prensa in an effort to obtain public information.

Finally, the MOP gave misleading information, obsolete and outdated.

At the time, Berguido on behalf of La Prensa, filed a writ to the Supreme Court to make the information public.

The decision of the full Court in October 2009, was overwhelming. The judges concluded that Colamarco "violated the right of access to public information," and ordered the delivery of the required information.

The judges cautioned that Article 7 of Act 6 of 2002 was clear in its wording and the Court, said there are no acceptable excuses when requests are clear.

"The right of access to public information is integral to freedom of thought and expression, as these are not limited to the right of public demonstrations, but also to search for," notes the ruling.

“History repeats itself three years later” says La Prensa … Déjà vu.