What have we done?
STEG = Guatemalan Education Workers' Union.
MINEDUC = Ministry of Education of the Government of the Republic of Guatemala.
PCE = Collective Bargaining Agreement for Education.
Request to the Ministry of Education's Public Information Access Unit.
Request for a digital copy of the Collective Bargaining Agreement signed with STEG and the administrative file compiled during the negotiation.
Response to request by Mineduc.
The requested information is provided.
Request to the Ministry of Education's Public Information Access Unit.
We request the following:
- Digital copy of the draft PCE proposal to be negotiated with the STEG
- Information on the start date of the negotiation
- Schedule of the negotiation process
- Information on who will be part of the commission that will negotiate the new pact
Extension request from Mineduc.
Mineduc requests an extension of the response time for the information request.
Response to request from Mineduc.
In response to the information request made on February 27, the Ministry of Education (Mineduc) states that:
- The proposed Collective Bargaining Agreement (PCE) was submitted by the STEG under a guarantee of confidentiality, therefore it is not possible to provide this information.
- Negotiations have already begun; however, as of this date, there is no record of a timeline having been developed for the negotiation process of the proposed Collective Bargaining Agreement.
- They are submitting Ministerial Agreement No. 544-2024, dated February 5, 2024, which designates the employer representatives but not the union representatives.
A request for review is filed before Mineduc.
A review recourse is filed against the decision not to provide the requested information, arguing that it is classified as confidential.
Request for an audience with the Human Rights Ombudsman's Office (PDH).
A hearing with the PDH is requested to present the violation of the human right to access information by the Mineduc.
Request for an audience with the National Anti-Corruption Commission (CNCC).
A hearing with the CNCC is requested to present the case regarding the information access request filed with Mineduc and its relevance in the fight against corruption and the promotion of transparency in public administration acts.
Meeting with the Secretariat for Access to Public Information (SECAI).
The case of violation of the right to access public information was presented and recommendations were received on how to demand that this right be respected.
Mineduc denies appeal.
The Ministry of Education declares the appeal for review inadmissible.
Amparo action before the Supreme Court of Justice (CSJ).
An Amparo Action is filed against the Minister of Education to restore the right of access to public information, which has been violated by Mineduc's refusal to provide us with the PCE's list of demands, under the argument of unjustified confidentiality.
Supreme Court admits Amparo appeal.
The CSJ issued a resolution admitting the amparo for processing and requesting the background information from Mineduc
Request to the Mineduc Public Information Access Unit.
The Mineduc is requested to provide a digital copy of all minutes of sessions, approaches or meetings held between the Mineduc and the STEG during 2024, related to the Collective Bargaining Agreement negotiations.
A petition is filed before the Supreme Court of Justice to reiterate the request for Provisional Amparo.
The Supreme Court of Justice is asked to reiterate the request for provisional protection sought due to the violation of the right to access public information, which resulted from Mineduc's refusal to provide MCN with the PCE's list of demands, under the argument of unjustified confidentiality.
Response to request from Mineduc.
In response to the request made on July 15, Mineduc provides a partial response and sends copies of minutes 1 to 16, but not 17 and 18, since these are in the process of collecting signatures from the negotiation participants.
Request to the Ministry of Education's Public Information Access Unit.
Mineduc is requested to provide a digital copy of:
- Schedule and calendar of the sessions, approaches or meetings that have been held and will be held between Mineduc and STEG during 2024, related to the negotiation of the collective bargaining agreement on working conditions between STEG and said Ministry, as well as the topics to be addressed in each of the sessions.
- The minutes of the sessions, approaches or meetings that have been held between Mineduc and STEG during July and August 2024, related to the negotiation of the collective bargaining agreement on working conditions between STEG and said Ministry.
Supreme Court Denies Provisional Amparo
The CSJ issued a resolution in which it did not grant provisional protection, considering that the circumstances of the case do not warrant it, and granted a 48-hour hearing.
Response to request from Mineduc.
In response to the request made on August 12, Mineduc is sending the schedule of sessions held with the STEG delegates. In addition, a partial response is provided to the request for minutes, as only digital copies of minutes 17, 18, 19, 20, 21, and 22, corresponding to July and August 2024, are being sent.
Actions in CSJ
Evaluation of the hearing granted by the Supreme Court of Justice
Appeal for Amparo before the CC
The decision issued by the CSJ, which did not grant the provisional injunction, was appealed to the CC.
Request to the Ministry of Education's Public Information Access Unit.
Mineduc is requested to provide the minutes of the sessions, approaches, or meetings that have been held between Mineduc and STEG in September 2024, related to the negotiation of the collective bargaining agreement for working conditions between STEG and said Ministry. In addition, a request is made for the planned or estimated date for the signing of the collective agreement.
Appeal Response to CC
The CC declares the appeal inadmissible and upholds the appealed decision, in that it denies the provisional injunction requested.
Extension request from Mineduc.
The Ministry of Education requests an extension of the response time for the information request submitted on October 11, 2024.
Response to request from Mineduc.
In response to the request submitted on October 11, Mineduc is sending a copy of minutes 23 and 24. Regarding the additional information requested, Mineduc reported that negotiations for the collective bargaining agreement are currently ongoing, and therefore an estimated date for the signing of the draft collective bargaining agreement has not been set.
Unconstitutionality claim before the Constitutional Court.
An unconstitutionality action is filed to declare null and void the fragment of Ministerial Agreement 544-2024, which establishes the confidentiality of the PCE and violates the constitutional principles of legality, publicity, and transparency in public administration acts.
Request to the Public Information Access Unit of the Ministry of Education (Mineduc).