Kimberly Stanton
05/06/2005
On April 20th, Ecuador’s national legislature voted
to remove President Lucio Gutierrez from office. What happened,
and what does it mean?
Gutierrez’ removal followed months of tension. Last November,
the president and his allies defeated an attempt by opposition parties
to impeach him for corruption. Emboldened, the pro-Gutierrez congressional
majority sought to press its advantage by illegally purging the
justices on the country’s highest courts, and replacing them
with judges allied with the government.
The blatantly unconstitutional action was loudly condemned throughout
the country. Citizens protested, lamenting the “rape and murder”
of the Ecuadorian constitution and holding daily vigils outside
the Supreme Court. A decision by the new Court to grant immunity
to an exiled former president charged with corruption fueled anger.
Then on April 12 the government broke a promise to back legislation
for judicial reform. On Thursday the 14th, community radio stations
called people to the streets.
The next night, Gutierrez was forced to announce the destitution
of the de facto Supreme Court. But he also imposed a state of emergency
to stop the protests, even though the head of the army, Luis Aguas,
did not support the decision. Aguas was not among the military commanders
flanking the president at the Friday night announcement.
Yet the people chose not to back down. Business interests called
for a national gathering; members of congress called for an emergency
session; and social organizations demanded Gutierrez’ resignation.
On Saturday evening, the president was forced to lift the state
of emergency, but that did not quell unrest. A public gathering
on Tuesday, April 19th, attracted tens of thousands of people.
Families brought their children. But when the crowd decided to march
to the president’s palace, they were met with police and tear
gas. Government officials arranged for “pro-government supporters”
to be transported to Quito; many were armed. On Wednesday morning,
the commander of the national police resigned and the congress,
facing tremendous public pressure, split.
Sixty-two of its hundred members voted to oust the president, then
swore in Vice President Alfredo Palacio as the new head of state.
Shortly thereafter, the joint chiefs of the military withdrew their
support from Gutierrez. Palacio moved immediately to appoint new
cabinet ministers, and has continued to tak e steps to reestablish
government control. Meanwhile, Gutierrez is in political exile in
Brazil.
Most commentators on these events have seen the situation through
the lens of political crisis and instability. The concern with stability
is understandable: this is the third time in eight years that an
Ecuadorian president has been forced out by popular protests. But
the emphasis on political crisis misses the main point: for months,
Ecuadorians have continually defended their constitution and their
democracy, demanding political accountability.
President Gutierrez and his allies set off the chain of events leading
to his ouster with their thoroughly unconstitutional intervention
in the judicial system. Human rights groups condemned the purging
of the courts back in December, but not all those who claim to favor
democracy in Latin America were so vocal.
The U.S. embassy in Quito, for example, said little about the court
purge. But Ecuadorian public opinion has been clear all along that
the actions of the president and his allies were illegitimate and
had to be reversed. The departure of Gutierrez is exhilarating for
so many because the person responsible for trammeling the constitution
is gone.
The vote of the international community is still out. An OAS mission
is in Ecuador this week, and the U.S. has yet to recognize the new
government. The 62 votes against Gutierrez may have been shy of
the threshold legally required to remove a president, yet forcing
Gutierrez’ return is unthinkable.
The challenge for the Palacio government is to reconcile the legitimacy
derived from popular support with legality. Mr. Palacio was the
vice president, is a civilian, promises that the executive will
not interfere in the judiciary again, and has committed to reforming
Ecuador’s political institutions. At least there’s a
place to start.
Kimberly Stanton is Deputy Director, Washington
Office on Latin America
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