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Ecuador: Opportunity in Crisis


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