The people of Ecuador are rising up to refound their country as a pluri-national homeland for all. This inspiring movement, with Ecuador's indigenous peoples at its heart, is part of the revolution spreading across the Americas, laying the groundwork for a new, fairer, world. Ecuador Rising aims to bring news and analysis of events unfolding in Ecuador to english speakers.

Thursday, December 25, 2008

Ecuador Waits for Colombia Respect

Quito, Dec 24 (Prensa Latina) Ecuador is still waiting for clear signs of respect from Colombia to resume bilateral diplomatic ties, which were broken on March 3.

In a release yesterday, Ecuadorian Foreign Minister Fander Falconi sustained it is imperative that Colombia comply with the minimum requirements made by his government to resume bilateral relations.

Falconi demands the end of the campaign linking Ecuador with authorities from the guerrilla Revolutionary Armed Forces of Colombia, and calls for an effective presence of the public force on the bordering zone.

He also asks for the delivery of the requested information about the attack and incursion into Ecuadorian territory of Colombian soldiers on March 1, as well as the content of the files in the computers found that day in Angostura zone.

The minister also urges the Colombian government to effectively contribute to provide attention to the thousands of Colombians who take refuge in Ecuador escaping the war in their country.

"Steps forwards to resume relations cannot be made" until replies to those statements are given, the text reads.

Ecuador to Favor Majority while Facing Crisis

Quito, Dec 24 (Prensa Latina) Ecuadorian Finance minister, Maria Elsa Viteri, said the national government will rationalize expenditures and adjust its budget in 2009 in favor of the majority.

“It is believed in the country that if a large package is not launched then the crisis isn’t being confronted. No, packages are for a kind of thinking; what we do to confront the crisis is to benefit the majority,” she explained.

Viteri pointed out the need to begin rationalizing, identifying priorities and optimizing expenditures to apply them where they are indispensable.

Speaking on national television, the official identified where these resources have not been uses properly and “we must learn how to optimize and take advantage of these investments.”

Insisting that there will not be an economic package she added that they will count on innovative initiatives and will know how to do things well.

At the same time, studies are under way to center on the subject of subsidies to optimize resources since “hard” times are expected due to the international financial crisis and the fall of the price of oil in the international market, the main exportable product of this country, she pointed out.

“The first quarter (of 2009) will be very hard on the price of oil” and we are talking of an average price a little lower than what we would have expected but during the second quarter in will improve a bit, he stressed.

Referring to the foreign debt and the moratorium declared in the payment of Global bonds considering them illegitimate and illegal he informed that during the beginning of 2009 he will present a plan of restructuring these papers that add up to a capital of 3.8 billion dollars.

Ecuador to reduce spending as oil prices plummet

QUITO, Dec 23 (Reuters) - Ecuador will reduce public spending and delay some infrastructure projects to cope with low oil prices that will likely stay down during the first part of 2009, Finance Minister Elsa Viteri said on Tuesday.

Crashing oil prices have severely crimped the OPEC nation's revenue intake, which for two years have helped leftist President Rafael Correa increase spending on the poor majority and boost his approval ratings.

"We have to start rationalizing spending and prioritizing," Viteri told a local radio station, adding that costly subsidies for fuel and gas will also be rationalized. "In terms of oil prices, the first quarter will be very hard on us."

The value of Ecuador's oil mix has dropped more than 70 percent in six months to trade at around $20 per barrel. Oil revenues finance nearly 60 percent of the country's budget.

In one of the first clear signs of spending cuts, officials said the government will halt further purchasing of new military weaponry and revise pensions of senior officers.

Powerful business groups have urged the government to make steep spending cuts to counter a global economy slowdown that has hurt exports of key products like flowers and bananas.

The government has invested nearly $4 billion in 2008, Viteri said, or around $10 million per day.

Economists say lower oil revenues and limited access to credit lines after Correa defaulted on $3.8 billion in sovereign bonds could push him to abandon the U.S. dollar as its currency to better deal with a feeble economy.

Correa, who has been critical of the dollar, has denied plans to scrap the greenback, which was adopted in 2000 after a crippling financial crisis and is widely popular among Ecuadoreans who see it as an anchor of stability.

Correa, a former economy minister, could see his popularity crumble if the economy worsens before his April reelection, local analysts say.

However, Viteri said the government planned to counter the spreading global crisis by extending restrictions on some imports and exploring new markets for its exports.

"There will have to be restrictions on some imports," Viteri said, without saying which products or from which country. "We have to diversify the markets for our imports."

The government will issue $1.5 billion in domestic bonds to finance investment next year, according to a statement by the company's regulator that registered the future issue in the local stock market. The terms of the paper were not released, but the Social Security Institute has said it could buy around $1.3 billion of those bonds.

Viteri added the country is seeking financing from friendly nations like Russia and Iran, and regional lenders like the Inter-America Development Bank. Some analysts warned the IADB will shut down credit to Ecuador after the default, but Viteri said the bank recently disbursed loans previously approved as a sign of good relations.

She said the government plans to offer bond-holders a restructuring plan early next year.

Ecuador's Conscientious Default

Glitch in the System

By NEIL WATKINS and SARAH ANDERSON

Counterpunch, December 23, 2008

When the government of Ecuador failed to make a scheduled interest payment on private bonds this month, it was hardly the first time a country had defaulted in the middle of a financial crisis. In fact, it wasn't even the first time for Ecuador. The small South American country did so just 10 years ago, at a time when the economy was reeling from natural disasters and a drop in oil prices.

But this default is different. For the first time in history, the government's defense isn't based on an inability to pay. Ecuadorian President Rafael Correa explained rather that he was unwilling to continue to pay debts that are "obviously immoral and illegitimate."

Like many of the victims of the U.S. subprime mortgage mess, the Ecuadorian people were the targets of predatory lending. In the 1970s, unscrupulous international lenders facilitated some $3 billion in borrowing by Ecuadorian dictators who blew most of the money on the military. After the transition to democracy, the Ecuadorian people got stuck holding the bag.

Over the years, the country has made debt payments that exceed the value of the principal it borrowed, plus significant interest and penalties. But after multiple reschedulings, conversions, and some further borrowing, Ecuador's debt has risen to more than $10 billion today.

Human Costs

The human costs are staggering. Every dollar sent to international creditors means one dollar less is available for fighting poverty. And in 2007, the Ecuadorian government paid $1.75 billion in debt service, more than it spent on health care, social services, the environment, and housing and urban development combined.

Correa campaigned on a commitment to prioritize the payment of the "social debt" over financial debt. After taking office in 2007, he responded to demands from Ecuadorian civil society and the international Jubilee Network to form an independent commission to investigate the origins, nature, and impacts of the nation's external debt. While citizens' groups in other countries have carried out their own debt audits, this was the first time a government had supported such an effort.

The debt audit commission documented hundreds of allegations of irregularity, illegality, and illegitimacy in the contraction of Ecuador's debt. In the case of the bonds Ecuador has now defaulted on, the commission alleged that they were issued and restructured illegally, violating Ecuador's domestic laws, U.S. Securities and Exchange Commission regulations, and general principles of international law. The agreement that gave rise to the Global bonds themselves may not be legal under Ecuador's constitution, which prohibits an individual from incurring debt on behalf of the country.

Commercial debt is the most expensive component of Ecuador's portfolio, making up only 30% of its total obligations but comprising 44% of the country's interest payments in 2007.

Correa says he hopes to cut a deal with creditors, much in the way that many U.S. homeowners are seeking to restructure their subprime mortgages. Ecuador's global bonds are currently valued at $3.8 billion. If negotiations aren't fruitful, however, the economic repercussions could be severe.

One avenue for the bondholders would be to sue under the U.S.-Ecuador bilateral investment treaty, which went into force in 1997 (long before Correa took office). Arbitration tribunals, such as the World Bank-affiliated International Centre for the Settlement of Investment Disputes (ICSID), handle such cases. Under this system, there is no public accountability, no standard judicial ethics rules, and no appeals process. A group of Italian investors has a pending ICSID claim over about $5.5 billion in bonds that Argentina defaulted on in 2002.

Investors could also sue in New York courts, as the bonds were issued under the laws of that state. Holders of Argentine bonds have also used that tactic.

Financial analysts have also predicted that Ecuador's default will cut off the country's access to capital markets and could dim its chances of obtaining a long-term extension of U.S. trade preferences, which will expire in 2008.

While the risks of default are high, Ecuador had only two options: keep paying a dubious and possibly illegal debt at the risk of social unrest, or default and face the wrath of the international markets.

Independent Mechanism

This exposes a gaping hole in the international financial system: the lack of an international, independent mechanism for countries to resolve disputes over potentially illegitimate and/or illegal debt or in the case of bankruptcy. Ecuador may be the first developing country to default during the current crisis, but it's unlikely to be the last.

As world leaders seek to build a new international financial architecture to respond to the current meltdown and prevent future crises, they should consider a new debt workout mechanism as one key pillar.

A bill pending in the U.S. Congress would be a step forward. The Jubilee Act, which passed the House of Representatives in 2008, would require the Comptroller General to undertake audits of the debt portfolios of previous regimes where there is substantial evidence of odious, onerous, or illegal loans. The legislation also instructs the Secretary of the Treasury to "seek the international adoption of a binding legal framework on new lending that…provides for decisions on irresponsible lending to be made by an entity independent from the creditors; and enables fair opportunities for the people of the affected country to be heard."

To ensure more responsible and productive lending and borrowing in the future, we need to learn from and redress the errors of the past. Only then can we build the architecture for an international financial system that works for people and the planet.

Neil Watkins, a Foreign Policy In Focus contributor, is the executive director of Jubilee USA Network, and Sarah Anderson, a Foreign Policy In Focus senior analyst, is the director of the Global Economy Project at the Institute for Policy Studies.

Ecuadorian FM: diplomatic ties with Colombia remain frozen

QUITO, Dec. 22 (Xinhua) -- Ecuadorian Foreign Minister Fander Falconi said Monday that the country's diplomatic ties with Colombia remained "frozen."

"While there is no change of positions on both sides, and as we continue to suffer from the conflict which has lasted for 60 years due to (Colombia's) border offense, it is impossible to change at this moment the ties with Colombia," Falconi said.

Colombian Foreign Minister Jaime Bermudez said in a recent interview that there were worries and differences on both sides, and expressed willingness to establish a mechanism for reconciliation.

Bermudez said both countries needed to resort to prudence and discretion for efficient cooperation and joint actions on the fight against drug trafficking and terrorism, mainly in the border area.

Ecuador broke diplomatic ties with Colombia on March 3, 2008, two days after the Colombian army attacked a camp of the Revolutionary Armed Forces of Colombia in Ecuadorian territory without authorization.

During the raid, the Colombian military killed 25 people in the zone of Angostura in Sucumbios province near the border between the two countries.

The two nations share a 640-km-long border. Illegal Colombian armed groups are said to often enter Ecuadorian territory to avoid strikes from the government troops or to seek food and medicines.

Ecuador’s Correa Pushes for a New Organization of Latin American States

Juventud Rebelde, Dec 23, 2008

The Ecuadorian leader explained that the new group would include Cuba, and not countries “foreign” to the region.

Ecuadoran President Rafael Correa, on Saturday proposed the creation of a new Organization Latin American of States that would be created from the Rio Group; moreover, this would include Cuba and exclude those countries that are “foreign” to the region.

Correa, in his weekly radio and television broadcast, expressed his desire that this organization be formed in March, during the next Rio Group meeting, reported EFE.

The Rio Group is presently composed of Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Guiana, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay and Venezuela, and other members of the Caribbean Community (CARICOM), represented at this time by Jamaica.

For Correa, what occurred in Brazil was a “momentous step forward” for Latin American integration and an example of “the new winds that are blowing” across the region.

“What we seek,” he explained, “is that the Rio Group “becomes the new Organization of Latin American States,” which would substitute in discussions of regional problems for the currently existing Washington-based Organization of States American (OAS), explained Correa.

The aim that “no longer we have to go to Washington to discuss with the US, which neither understands the region nor is interested in it—and which has its own objectives,” he added. The leader recalled that Cuba has kept been outside of American and regional forums due to the US blockade.

“We will see if President Obama will truly change US foreign policy” and eliminate the blockade against Cuba, which is “untenable, intolerable and unjustifiable in the 21st century,” he stated.

Ecuador’s Correa Says He’ll Maintain U.S. Dollar

By Stephan Kueffner

Dec. 20 (Bloomberg) -- Ecuador’s President Rafael Correa said he’ll maintain the U.S. dollar as his country’s currency amid an “extremely grave” economic crisis sparked by the collapse of oil.

“It would be stupidity to drop the dollar under these circumstances,” Correa said in his weekly radio-and-television address.

Speculation has mounted that Correa, a critic of so-called dollarization who called the policy a “complete failure” in an April 2007 speech, would look to abandon the policy in coming years after defaulting on the country’s $3.9 billion of foreign bonds this week. Goldman Sachs Group Inc. forecasts Correa may scrap the dollar in as little as three years as the default prompts international banks to pull credit lines to the country, creating a cash crunch that drives up interest rates.

Correa said today he plans to restrict imports to help stem the outflow of dollars and offset the tumble in oil, the country’s biggest export. Correa withheld a $30.6 million interest payment due this week, saying the foreign bonds are “illegal” and “illegitimate.” The default is the country’s second in less than a decade. Correa said today that he’ll keep repaying debts owed to multilateral lenders and other countries.

Oil prices are now lower when adjusted for inflation than in 1999, Correa said. The low prices that year helped push the country into default, caused almost two dozen banks to fail and prompted Ecuador to drop its currency, the sucre, in favor of the dollar.

‘Protect the Weakest’

Ecuador will revise investment plans and trim spending on public-sector salaries and pension plans to help cope with the global economic slump, Correa said. He said he’ll raise the minimum wage and a monthly subsidy for the poor less than previously planned next year.

“We will try to protect the weakest,” said Correa, a 45- year-old economist. “It’s unavoidable that everyone contribute.”

Crude oil prices have fallen 77 percent from a record $147.27 a barrel reached on July 11 to $33.87 a barrel yesterday on the New York Mercantile Exchange. Ecuadorean crude trades at about $19 per barrel.

Ecuador Congratulates Cuban Revolution

Ecuador Congratulates Cuban Revolution

Quito, Dec 19 (Prensa Latina) Achievements of the Cuban Revolution, despite the economic, commercial and financial blockade imposed by US almost 50 years ago, were highlighted in Quito Friday by ambassador Benigno Perez.

The successes achieved during this 50 years of Revolution in Cuba have not only meant freedom and dignity, but it has shined at several social, economic and political aspects, Perez expressed.

The diplomat emphasized during an interview by Ecuadorian radio station La Luna, the different events that happened in the Caribbean island after the revolutionary triumph in 1959.

Despite the cruel and criminal blockade, which has increased in recent years, Cuba continues to develop and today they share with other nations of the planet their achievements in areas like education and health, among others, he indicated.

Ecuador Financial System Solvent

Quito, Dec 19 (Prensa Latina) Ecuador has a solvent financial system, and it is necessary to act positively to face any problem derived from the world financial crisis, Bank superintendent Gloria Sabando stated on Friday.

The private bank sector must make efforts to orient credit towards production activities rather than consumption, and the Production Ministry should encourage actions to allocate national products on the different markets, Sabando highlighted.

She also said the governmental economic front met yesterday and analyzed the measures to be implemented in the face of the intensified world financial crisis, which will affect Latin American countries and other regions of the world.

The capitalization of profits allows banks have greater framework of actions with clients, and reflects a much more solvent system, she noted.

Similarly, low and stable interest rates until June 2009 will favor the financial sector and clients, Sabando told a local TV channel.

Sunday, December 21, 2008

Agile Ecuador government riles friends and foes

W. T. Whitney Jr.
People's Weekly World, 15 Dec 2008

Pursuing social justice and national independence, the government of President Rafael Correa has gained new adversaries while prodding old foes. Having won a 57 percent majority in a run-off vote, Illinois-trained economist Correa, candidate of the populist Alianza Pais party, became president in January 2007.

Correa, no shrinking violet, is forcing the U.S. military to leave Manta Airbase, advocates “socialism of the 21st century,” and with Venezuelan and Bolivian counterparts resists U.S. imperialism. Last week in Tehran he and Iranian President Mahmoud Ahmadinejad
entered into joint banking, energy, trade and scientific projects. Ecuador is requesting loans from Iraq, according to Foreign Minister Maria Elsa Viteri.

In the same vein, Correa responded in kind to a reprimand last week from Colombian Defense Minister Juan Manuel Santos complaining that Ecuador did little to fight leftist FARC insurgents in Colombia. Diplomatic relations with the U.S. puppet Colombian government were broken last March when Colombia attacked a FARC encampment in Ecuador.

Now, Correa’s government has challenged an ally in the struggle for Latin American unity. Two months ago Ecuador ousted Brazil’s Odebrecht Company because of an unfinished dam project, in the process reneging on four contracts for other company projects worth $700 million. On Nov. 21, Ecuador announced refusal to pay on a $550 million loan provided by Brazil’s state-owned National Bank of Economic and Social Development that had gone directly to Odebrecht.

In response, President Lula da Silva withdrew Brazil’s ambassador in Quito, the first such recall since 1870. Foreign Minister Celso Amorim threatened cessation of trade between the two countries.

International lenders were put on alert in mid-November when Ecuador delayed a $30.6 million interest payment on $3.9 billion in outstanding bonds. A 30-day moratorium period was used to study the possibility of default on all $10.3 billion in foreign debt obligations. Correa and advisors studied a report released Nov. 21 by an international, independent team of debt analysts, a year in the making.

Correa viewed the report as documenting an “illegitimate, corrupt, and illegal debt,” beyond government control. Hugo Arias, one of its authors, indicated that 80 percent of the debt emanated from old debt refinanced, and that $127 billion in principle alone has been paid over decades on loans originally worth $80 billion. Ally Venezuela holds most of the outstanding bonds.

President Correa is following the lead of former Cuban President Fidel Castro who at a conference on foreign debt on Aug. 1, 1985 asked, “Must debts to the oppressor be paid by the oppressed?”
The current debt crisis coincides with a 60 percent drop in oil revenues for Latin America’s fourth largest oil exporter. Ecuador’s government must delve into foreign cash reserves when prices dip below $76 per barrel. Plans to fund social programs through oil earnings inexorably went awry.

A back-up plan to use mining revenues, particularly from gold and copper, to cover state obligations boomeranged. On Nov. 17 demonstrations broke out nationwide led by indigenous and peasant groups opposed to a proposed mining law. Protesters concerned about diminished water and soil quality, land rights and local autonomy rejected promises that mining royalties set at 5 percent would pay for social projects.

Two days later 10,000 indigenous and leftist marchers blocked traffic on the Pan American Highway. Chants and banners called dramatically for water rights. Appealing to the new constitution, community leader Jose Cueva spoke for many marchers: “The president needs to first pass a food sovereignty law, a water law and a biodiversity law. Then we can have a national dialogue over what to do about mining.”

President Correa railed against “romantic notions, novelty, fixations or whatever, to say no to mining,” especially when we are “seated on hundreds of billions of dollars.” Calling for “environmentally, socially and economically responsible” mining, he denounced “infantile” and “fundamentalist” ideas.

The indigenous and social movements had been crucial to the 65 percent popular vote in September putting a new, government-orchestrated constitution into effect, one that embraced indigenous rights. Recently in disarray, CONAIE, the main indigenous federation, has revived.

Under the constitution, Correa and 5,993 other elected officials face re-election in 2009. CONAIE and other social movements have been instrumental over the past decade in overthrowing three presidents.

Saturday, December 20, 2008

Correa hopes Obama will end Plan Colombia

Colombia Reports, December 19, 2008


Ecuadorean President Rafael Correa hopes U.S. President-elect Barack Obama will end Plan Colombia, the multi-billion U.S. funding of Colombia's fight against leftist rebels and the production of coca.

"I sincerely am a bit skeptical regarding big changes [of the United States] in its relations with Latin America. The region lost importance over the recent years and I do not think this situation will change with Obama. I hope that I am wrong," the Ecuadorean leader said Friday.

"In any case we need concrete actions. One would be to lift the absurd embargo on Cuba that has already lasted nearly fifty years. Another would beto put an end to that Plan Colombia, which only has turned Colombia into a hotbed of instability in the region,"Correa added.

Ecuador has objected the fumigation of coca fields near its border for years, saying it is harming the environment and the health of the Ecuadorean people living close to the Colombian border.

The leftist Ecuadorean President added that Colombia, led by the right wing government of Álvaro Uribe, is intentionally trying to involve his country in its 44-year old conflict. "Colombia has a systematic policy of not securing the southern border in order to involve Ecuador in the conflict," he said.

Ecuador and Colombia have strain relations since the Colombian army attacked a FARC camp on Ecuadorean territory on March 1, killing FARC commander Raúl Reyes and 24 others.

Ecuador Justice Court in Trouble

Quito, Dec 19 (Prensa Latina) Ecuador's National Court of Justice (CNJ) is facing internal problems on Friday, 48 hours after being set up, due to accusations against 4 of its 21 magistrates.

CNJ president Jose Vicente Troya highlighted yesterday it is necessary to create a special commission to analyze the officials' juridical situation.

Referring to Judges Carlos Espinosa and Meri Coloma, who admitted to be brothers-in-law, he said the case must be examined and one of them will have to leave his seat, as it is a matter of consanguinity.

Troya said the Court of Justice will decide if the regulations to be applied in the case will be the same that ruled the former Supreme Court of Justice.

The other lawyers accused are Freddy Ordoñez and Manuel Sanchez, for having taken part in appeal for annulment in a trial against the Pacific Bank.

Made up of 21 magistrates, the Court will function provisionally until after the 2009 elections, when the current members will be replaced by others chosen in line with the procedure in the Constitution, in force since October.

Combative Correa style heralds more Ecuador shocks

By Alonso Soto

QUITO, Dec 18 (Reuters) - Leftist President Rafael Correa's combative leadership style and growing anti-western tendencies suggest that foreign investors reeling from Ecuador's $3.8 billion debt default this week should brace for more shocks.

Dismissing warnings that a default would wreck the OPEC nation's economy, Correa stunned Wall Street by fulfilling threats to stop paying foreign debts in a declaration of "war" on "monster" bondholders.

According to several current and former officials, Correa often makes impulsive decisions in isolation and is reluctant to listen to dissenting views.

"This government is all about Correa and he has closed all space for debate, leading many of us no choice but to leave," said a close ally who still supports Correa but quit a top post over policy disagreements. "He is ending up alone surrounded only by people who tells him what he wants to hear."

In a country where weak institutions allowed for the ousting of his three elected predecessors, the U.S.-educated economist has emerged as a strong leader, popular for pledging to battle greedy investors and a corrupt political old guard.

An ally of Venezuelan President Hugo Chavez, Correa, 45, has often shocked investors in nearly two years in office with sudden announcements to expand his control over the economy, hiking oil taxes, banning mining exploration and expelling foreign companies.

Now economists wonder what new offensive the nationalist ideologist may unleash. Many fear he could ditch the economy's linkage to the dollar, which has anchored Ecuador's economic stability for years by taming inflation.

Correa has bent the oil, mining, telecommunications, media, building and banking industries to his will and may squeeze further concessions as he seeks to make up for falling oil revenues to redistribute to his poor supporters.

A devout Roman Catholic, Correa says he is only fighting to right decades-old inequalities in the poor Andean nation.

His public displays of temper include kicking a reporter out of his radio show, berating hecklers at his rallies and humiliating a finance minister he was about to fire.

Most aides shy away from criticism, leaving him to make lone decisions without thinking through the consequences, former government officials and political allies said.

A BORN FIGHTER

Growing up in a working-class family in the coastal city of Guayaquil, Correa won scholarships to elite schools and universities. Even then, he was willing to use his fists as well as his brains.

His brother, Fabricio, said: "He gets angry easily. My mom had to go to school many times because he had been in a fight with someone who was picking on younger students."

Correa, an ex-college professor, exerts tight control over ministers and congressional allies, sometimes forbidding them from speaking to the media and lambasting them in public.

He summarily forced out Finance Minister Fausto Ortiz, a Wall Street favorite, after clashing over the takeover of companies that had debt disputes with the state, witnesses at the meeting said.

Until Monday's default, many investors excused his abrasive style and stuck with their holdings in Ecuador. They lost, while those who had already pulled out avoided being burned by his debt announcement.

Now, with Correa up for re-election in April, Ecuador is only for the hardiest investors.

Ecuador's perceived risk spread calculated by JP Morgan has ballooned to 5,049 points, compared to neighboring Colombia's 509, despite being embroiled in a 40-year civil war.

Local businessmen and economists say Correa might abandon the dollar if his government's reserves of the currency run low because of falling oil prices and limited credit lines.

The dollar, adopted after a banking collapse in the late 1990s, is popular among Ecuadoreans who have enjoyed several years free of economic crisis.

While a professor Correa wrote books criticizing the dollar, but has so far denied any plans to drop the currency.

Still, the default decision showed he is prepared to risk dramatic moves.

"If this (default) costs the country too much then the country has to decide if I should continue as president," he said recently in a radio address to supporters.

FACTBOX-Recent shock measures by Ecuador's Correa

QUITO, Dec 18 (Reuters) - Leftist President Rafael Correa's combative leadership style and growing anti-western tendencies suggest that foreign investors reeling from Ecuador's $3.8 billion debt default this week should brace for more shocks.

Here are some of Correa's measures against foreign investors, since taking office nearly two years ago:

OIL TAX HIKE: Last year Correa surprised investors by taking nearly all of the extra revenues generated by foreign oil companies because of record high oil prices.

He hiked to 99 percent a tax on those revenues to pressure oil companies to rework contracts. Companies filed lawsuits and slashed investment, arguing the tax hike threatened their businesses in South America's No. 5 oil producer. Correa has so far failed to convince companies to switch to new service deals under which the state would keep all the oil they produce in exchange for a fee.

MINING BAN: In April, Correa supported a temporary ban on mining exploration, a decision that battered the stocks of some foreign mining companies working in Ecuador.

Correa, who had vowed to jump-start the sector, said the decree issued by a government-controlled assembly was meant to bring order to an industry in disarray.

Smaller mining companies with operations in Ecuador have struggled since then to secure financing, pushing some to leave the country or sell assets to larger miners.

MASS CONFISCATION: Police and military in August seized hundreds of companies owned by a powerful business group because of a debt dispute with the state. The takeovers included two national broadcasters that are still under government control.

Correa said the seizures aimed to recover millions of dollars the state used to rescue a bank owned by the conglomerate during a financial crisis in the late 1990s. Ecuadoreans, many of whom lost their life savings during the crisis, widely backed the move.

But the mass confiscation led to the resignation of Finance Minister Fausto Ortiz, a Wall Street favorite.

EXPULSION OF BUILDER: Correa in September sent troops to expel top Brazilian constructor Odebrecht and seize projects worth $800 million because of a contractual row.

The expulsion fueled tensions with Brazil, one of the OPEC nation's key sources of financing.

Correa filed an international lawsuit to halt payments of a Brazilian loan linked to Odebrecht, prompting Brazil to threaten to limit further financing to the Andean country.

Ecuador's rising struggle

Emmanuel Santos places Ecuador's decision to default on a portion of its foreign debt in the context of rising social struggles.

Rafael Correa gives his inaugural address as Venezuela's Hugo Chávez and Brazil's Luiz Inácio Lula da Silva look on (Wilson Dias | ABr)Rafael Correa gives his inaugural address as Venezuela's Hugo Chávez and Brazil's Luiz Inácio Lula da Silva look on (Wilson Dias | ABr)

ECUADOR'S PARTIAL moratorium on repayment of its foreign debt has highlighted the political and social struggles in that country as its government pursues a nationalist economic agenda.

On December 12, President Rafael Correa declared Ecuador in default on $30.6 million in interest payments on its foreign debt due December 15. Then, on December 14, Correa announced another default on a second set of bonds.

This is Ecuador's second default on foreign debt in 10 years. The cancellation of payments affects Global Bonus bonds due in 2012, 2015 and 2030. These bonds are part of $10 billion owed by Ecuador to international lenders.

Global bonds originated as part of a restructuring package put in place by the International Monetary Fund (IMF) after the collapse of the economy in 1999-2000. The crisis, which led to massive migration and further impoverishment, was triggered by a sharp drop in oil prices, hyperinflation and the dollarization of the economy. A short-lived war with Peru in 1995 over a territorial dispute also contributed to the crisis.

Correa reached a decision to cancel payments after a debt commission found gross irregularities in the debt negotiation process from 1976 to 2006. According to the debt audit report issued in November, debt negotiations from that period were plagued with fraud and only benefited international lenders by making Ecuador borrow money just to pay its debt. The report also found that Ecuador was forced to pay high interest rates and then overpay that interest.

The audit report is the first of its kind in the region. It recommends that the country default on $3.9 billion of its foreign debt. "The final report of 172 pages is a thorough technical and legal analysis that shows one of the most sinister faces of three decades of neoliberal policies," wrote journalist and activist Eduardo Tamayo G. on the Latin America in Movement web site, referring to the market-oriented policies of Correa's predecessors.

But the debt audit isn't the final word on the corrupt practices and negative ramifications of debt negotiations conducted by past governments. That's because the audit didn't examine the period prior to the 1970s, when U.S. economic policies paved the way for Ecuador's economic crisis.

Also missing from the report is information that could implicate high military officials and politicians in debt embezzlement and fraud. Both the National Defense Board and Jaime Nebot, the right wing mayor of Guayaquil, adamantly refused to give information to the debt commission.

Furthermore, Correa's move, which follows the approval of a progressive, new constitution, doesn't amount to a moratorium. Rather, his government seeks a debt restructuring plan that can put the country in a better position to negotiate with outside lenders.

Correa also believes that the country should honor debt that is "legal" and isn't tainted with corruption. Indeed, press reports circulating in Ecuador indicate that the government might buy out some of its foreign debt.

Ecuador's left favors a bolder approach. In recent years, trade unions and social movements have led the fight to cancel the foreign debt. Activists point out that the national budget allocates more funds to debt payment than to other areas such as health care, education and agricultural development. Debt payment has had a negative impact on the environment. It has also lowered ordinary people's living standards.

The most affected have been indigenous people and Afro-Ecuadorians, two of the most discriminated sectors of the population, who have played a leading role in the fight against neoliberal policies.

- - - - - - - - - - - - - - - -

IN THE 1970s, Ecuador became heavily indebted when a U.S.-backed military dictatorship, which repressed the left and the labor movement and slashed public spending, opened up the country to multinational corporations. By the 1980s, the country ranked sixth in the list of largest debtor countries in the region in terms of the size of its gross domestic product (GDP).

The audit is the first serious effort by an Ecuadorian government to reverse that trend. Thus, on November 21, Correa's government announced an international lawsuit to halt payments on a $320 million loan owed to Brazil's National Development Bank (BNDES). According to Ecuadorian investigators, the previous government violated the law in contract negotiations involving a public works projects built by a Brazilian construction firm.

Brazil's center-left government reacted angrily to this decision, recalling its ambassador from Ecuador. As an emerging regional power, Brazil fears a repeat of recent nationalizations in Bolivia that undermined Brazilian oil interests. Correa apparently reacted to the pressure: Ecuador's foreign minister resigned, seemingly as a result of this conflict.

On the other hand, social movements in Ecuador and throughout Latin America welcomed Correa's stance against the Brazilian bank and applauded his decision to declare the country in default on illegitimate debts. And the example could spread--Paraguay's new center-left president, Fernando Lugo, has said that his country would consider an audit of bilateral debt owed to Brazil and Argentina.

For Ecuador, the question is how far Correa is willing to push in this direction. He aims to carry out a developmentalist project by investing in education and health care while building alliances with emerging powers to shake off the country's economic dependency on the U.S. and Europe. For example, Ecuador has already signed bilateral trade agreements with Venezuela and Iran. Correa also intends to use oil revenues from PetroEcuador, the state-owned oil company, to carry out social reforms.

These policies mark a break from the past, when Ecuadorian politicians used oil revenues to enrich themselves while giving free reign to foreign multinationals to extract resources.

Since the late 1990s, mass movements rooted in the indigenous community have repeatedly mobilized against free-market policies and trade deals, forcing several presidents from office. The 2007 election of Correa, who owes his rise largely to those social movements, marked a shift to the left in Ecuadorian politics.

There are, however, growing tensions between Correa and the left-wing social movements. One sign of this is the president's attitude to the corrupt and repressive military-dominated governments of the past.

In 2007, the Correa government formed a truth commission to look into state repression carried out between 1984 and 1988 under the U.S.-backed right wing regime of former strongman Leon Febres Cordero.

Unfortunately, Cordero, who died on December 15, won't be prosecuted for the murder of hundreds of people and his role in impoverishing the country by implementing neoliberal policies. Yet Correa declared three days of mourning for Cordero, a move that revealed his more conservative side.

- - - - - - - - - - - - - - - -

A MORE serious conflict is developing over government environmental policies that benefit mining companies. To crack down on anti-mining protests, Correa has ordered the use of brutal military force, a move bitterly condemned by the social movements.

Even Correa own coalition, Alianza País, is having internal contradictions. Recently, he issued a warning by declaring that he will dissolve the party if more internal infighting continues. He also took the opportunity to define his political project as "an ideological project of the nationalist left."

But Correa's nationalism is in opposition to indigenous people's conception of their own nation, one that stretches across national boundaries from the Amazon to the Andean region. To the extent that indigenous people assert their historic claims to their lands, they are seen as a political threat by both multinational corporations and Correa.

The stakes in this conflict were raised on October 12--Columbus Day, traditionally seen as day of resistance by the indigenous peoples of the Americas. In neighboring Colombia, indigenous groups staged a levantamiento (uprising) to protest government repression and demand more cultural and political rights. The uprising in Colombia inspired indigenous people and their allies throughout the region--including in Ecuador.

Thus, on October 13, the Confederation of Indigenous Nationalities of Ecuador (CONAIE) announced that it would launch a levantamiento in the Amazon region unless the government expels oil and mining companies that are destroying biodiversity in the Shuar and Saraguro territories.

Popular resistance took shape on other fronts as well. On November 17, thousands of indigenous people, Afro-Ecuadorians and peasants demonstrated across the country to protest Correa's new proposed laws that would allow mining companies greater access to land and open the way to the privatization of water. The demonstrations were organized by CONAIE and other grassroots organizations, which have criticized Correa for not consulting the social and political movements about these potentially environmentally destructive measures.

CONAIE's actions are giving confidence to ordinary people throughout the country. On November 19, some 10,000 indigenous people and their allies staged another march to protest the proposed new laws. CONAIE, which organized the march, is proposing its own Law of Biodiversity as an alternative to the government's neoliberal laws.

Labor struggles in Ecuador are also heating up. On October 17, teachers from the National Union of Educators (UNE) marched to demand a salary increase and protest a new decree by the minister of education that will eliminate an additional benefit retirement fund for state employees. Meanwhile, the Confederation of Ecuadorian Workers (CTE) is demanding a 100 percent salary increase to cope with inflation as the government prepares to set wage increases that will take effect in January 2009.

This rise in class struggle has also increased the momentum to demand cancellation of all of Ecuador's foreign debt. So far, Correa has refused to consider this step. Yet even Ecuador's recent partial default on the foreign debt creates an opening for people all over the world to organize and fight for the cancellation of illegitimate foreign debt in their own countries.

Ecuador May Be Forced to Scrap Dollar After Default

By Lester Pimentel and Matthew Walter

Dec. 17 (Bloomberg) -- Ecuador’s default on $3.9 billion of international bonds means it’s only a matter of time before the country drops the U.S. dollar as its currency, Goldman Sachs Group Inc. says.

Ecuador’s use of the dollar gives President Rafael Correa no outlet for providing credit to the economy as access to foreign financing dries up and revenue from sales of oil, the nation’s biggest export, tumbles. Correa, a critic of so-called dollarization, also may use the default as an excuse to abandon the policy, said Alberto Ramos, a Latin America economist with Goldman Sachs in New York.

“Fiscal pressures will increase at the same time that the economy starts to underperform,” Ramos said in an interview. “I would not make a bet that we will have dollarization in three to five years.”

Ecuador joined Panama and El Salvador in adopting the dollar in 2000 to help curb inflation after the sucre tumbled 73 percent against the dollar and the government defaulted on $6.5 billion of foreign debt. While the dollar policy has cut inflation to 9.1 percent from 91 percent in 2000, it provides the government less flexibility as the economy slows, said Albert Bernal, head of fixed-income research at Bulltick Securities Inc.

“Exiting dollarization is not a question of ‘if’ but ‘when,’” said Bernal, a former Bear Stearns Cos. analyst whose Miami-based firm specializes in Latin America. He predicts Correa will reinstitute a local currency within one to two years.

“If you can’t grow credit, you can’t grow your economy,” Bernal said. “This will lead them to exit dollarization.”

‘Anchor of Stability’

Growth in Ecuador’s $44 billion economy will slow to 2.1 percent in 2009 from 5.9 percent this year, according to New York-based Merrill Lynch & Co.

Steven Hanke, the professor of applied economics at Johns Hopkins University in Baltimore who advised Ecuador on its switch to the dollar in 2000, said Correa may have difficulty abandoning a policy that has popular support.

“Dollarization provided an anchor of stability and kept interest rates and inflation low,” Hanke said. “The consequences of abandoning dollarization would be quite negative. He needs to convince the population that he’s right and they’re wrong.”

The last country to give up the dollar as its currency was Liberia in 1985, Hanke said. Many Liberians still prefer to use the dollar, he said.

‘Not a Fan’

Correa, a 45-year-old economist who earned his Ph.D. at the University of Illinois at Urbana-Champaign, called the currency system “a complete failure” in an April 2007 speech in Guayaquil, Ecuador’s largest city.

Even though Ricardo Patino, Correa’s policy minister, said Dec. 15 that the default won’t bring an end to dollarization, Goldman Sachs’ Ramos said the government is unlikely to maintain the policy.

“We know that Correa is not a fan of dollarization,” Ramos said. “I don’t think he’ll go the extra mile to defend dollarization.”

Ecuador will seek to force a “big discount” on holders of its $3.9 billion of foreign bonds in a restructuring, Correa said Dec. 13. The day before, he said the government would skip a $30.6 million interest payment on one of the country’s three bonds because the debt is “illegitimate” and “illegal.”

World War II

An audit commission created by Correa found irregularities in the debt in a November report. All three securities trade at less than 30 cents on the dollar, indicating investors expect Ecuador to offer the smallest payout of any sovereign debt restructuring since World War II, said Arturo Porzecanski, an international finance professor at American University in Washington.

The 2012 bonds trade today at 25.25 cents, down from 31 cents on Dec. 11 and 97.5 cents three months earlier, according to JPMorgan Chase & Co. The $2.7 billion of bonds due 2030 are trading at 23.75 cents while the $650 million of bonds maturing in 2015 are at 23.5 cents.

Correa may impose limits on capital flows and bank deposits to keep money in the country before changing the currency policy because giving up the dollar won’t be easy, said Eduardo Levy- Yeyati, head of emerging-market strategy at Barclays Capital Inc. in New York.

“You have to reintroduce a new currency for which there is no longer demand,” Levy-Yeyati said.

Inflate Oil Proceeds

Such a change would enable Ecuador to weaken its exchange rate and increase revenue in local currency terms from sales of oil, which accounts for 60 percent of the nation’s exports. Oil has tumbled 73 percent from a July record of $147.27 a barrel.

Ecuador needs an oil price of $95 to cover all the spending in its budget, according to Barclays. The government had a surplus of $508 million in the first half of the year, Correa said Sept. 20.

“Correa’s only choice for growing the economy is the public sector,” said Bernal at Bulltick. “The lower the price of oil goes, the more the need for Correa to deliver on the fiscal front. Ecuadoreans will only live with Correa as long as they have expectations of growth.”

Ecuadorian Justice Court Created

Ecuadorian Justice Court Created

Quito, Dec 17 (Prensa Latina) The National Justice Court (CNJ) of Ecuador is finally set up Wednesday after almost two months with no head, to hand over positions to judges and elect officials.

Judge Jose Vicente Troya, responsible for electing the 20 leaders, stated Tuesday that the CNJ will have the first meeting to swear in members. Troya stressed the gathering will establish rules to appoint presidents of the State body, substituting the previous Justice Supreme Court (CSJ).

The possession ceremony will take place at 10:00 local time (15:00 UTC) in that building in northern Quito.

The new judges will be temporarily in their posts until the countries appoint presidents in 2009, with the application of procedures established in the current Constitution since October.

The resumption of functions from the top Ecuadorian justice entity takes place after almost two months of inactivity of that organization, due to the denial of most of judges from the former CSJ to continue labors in the CNJ.

That situation provoked the Constitutional Court makes a statement, providing vacant seats of that administrative justice body were filled by former judges, and presidents of provincial entities.

Presidents Raul Castro and Rafael Correa Held Talks in Brazil

HAVANA, Cuba, Dec 17 (acn) Presidents Raul Castro, of Cuba and Rafael Correa, of Ecuador, held talks after the closing of the Group of Rio Summit, held Tuesday in the locality of Costa de Sauipe, Brazil.

The friendly exchange between the two heads of state and their delegations allowed considering different issues of bilateral interest, Granma daily reports.

Both presidents expressed their satisfaction with the positive state of relations between their countries and their willingness to keep strengthening those links.

They agreed that only regional integration could successfully face the effects of unjust relations prevailing in the world’s economic arena, which have been worsened by the global economic crisis.

Rafael Correa was particularly interested in learning about the history of Cuba and its Revolution. He said that he had the privilege of listening to the testimony of someone who, along Fidel, has been one of the major actors in Cuban history over the past 50 years.

The Ecuadorian President ratified that he will visit Cuba soon in order to respond to an invitation issued by Raul Castro.

Wednesday, December 17, 2008

Ecuador's Debt Default: Exposing a Gap in the Global Financial Architecture

Neil Watkins and Sarah Anderson | December 15, 2008

Editor: Emily Schwartz Greco



Foreign Policy In Focus

When the government of Ecuador failed to make a scheduled interest payment on private bonds today, it was hardly the first time a country had defaulted in the middle of a financial crisis. In fact, it wasn't even the first time for Ecuador. The small South American country did so just 10 years ago, at a time when the economy was reeling from natural disasters and a drop in oil prices.

But this default is different. For the first time in history, the government's defense isn't based on an inability to pay. Ecuadorian President Rafael Correa explained rather that he was unwilling to continue to pay debts that are "obviously immoral and illegitimate."

Like many of the victims of the U.S. subprime mortgage mess, the Ecuadorian people were the targets of predatory lending. In the 1970s, unscrupulous international lenders facilitated some $3 billion in borrowing by Ecuadorian dictators who blew most of the money on the military. After the transition to democracy, the Ecuadorian people got stuck holding the bag.

Over the years, the country has made debt payments that exceed the value of the principal it borrowed, plus significant interest and penalties. But after multiple reschedulings, conversions, and some further borrowing, Ecuador's debt has risen to more than $10 billion today.

Human Costs

The human costs are staggering. Every dollar sent to international creditors means one dollar less is available for fighting poverty. And in 2007, the Ecuadorian government paid $1.75 billion in debt service, more than it spent on health care, social services, the environment, and housing and urban development combined.

Correa campaigned on a commitment to prioritize the payment of the "social debt" over financial debt. After taking office in 2007, he responded to demands from Ecuadorian civil society and the international Jubilee Network to form an independent commission to investigate the origins, nature, and impacts of the nation's external debt. While citizens' groups in other countries have carried out their own debt audits, this was the first time a government had supported such an effort.

The debt audit commission documented hundreds of allegations of irregularity, illegality, and illegitimacy in the contraction of Ecuador's debt. In the case of the bonds Ecuador has now defaulted on, the commission alleged that they were issued and restructured illegally, violating Ecuador's domestic laws, U.S. Securities and Exchange Commission regulations, and general principles of international law. The agreement that gave rise to the Global bonds themselves may not be legal under Ecuador's constitution, which prohibits an individual from incurring debt on behalf of the country.

Commercial debt is the most expensive component of Ecuador's portfolio, making up only 30% of its total obligations but comprising 44% of the country's interest payments in 2007.

Correa says he hopes to cut a deal with creditors, much in the way that many U.S. homeowners are seeking to restructure their subprime mortgages. Ecuador's global bonds are currently valued at $3.8 billion. If negotiations aren't fruitful, however, the economic repercussions could be severe.

One avenue for the bondholders would be to sue under the U.S.-Ecuador bilateral investment treaty, which went into force in 1997 (long before Correa took office). Arbitration tribunals, such as the World Bank-affiliated International Centre for the Settlement of Investment Disputes (ICSID), handle such cases. Under this system, there is no public accountability, no standard judicial ethics rules, and no appeals process. A group of Italian investors has a pending ICSID claim over about $5.5 billion in bonds that Argentina defaulted on in 2002.

Investors could also sue in New York courts, as the bonds were issued under the laws of that state. Holders of Argentine bonds have also used that tactic.

Financial analysts have also predicted that Ecuador's default will cut off the country's access to capital markets and could dim its chances of obtaining a long-term extension of U.S. trade preferences, which will expire in 2008.

While the risks of default are high, Ecuador had only two options: keep paying a dubious and possibly illegal debt at the risk of social unrest, or default and face the wrath of the international markets.

Independent Mechanism

This exposes a gaping hole in the international financial system: the lack of an international, independent mechanism for countries to resolve disputes over potentially illegitimate and/or illegal debt or in the case of bankruptcy. Ecuador may be the first developing country to default during the current crisis, but it's unlikely to be the last.

As world leaders seek to build a new international financial architecture to respond to the current meltdown and prevent future crises, they should consider a new debt workout mechanism as one key pillar.

A bill pending in the U.S. Congress would be a step forward. The Jubilee Act, which passed the House of Representatives in 2008, would require the Comptroller General to undertake audits of the debt portfolios of previous regimes where there is substantial evidence of odious, onerous, or illegal loans. The legislation also instructs the Secretary of the Treasury to "seek the international adoption of a binding legal framework on new lending that…provides for decisions on irresponsible lending to be made by an entity independent from the creditors; and enables fair opportunities for the people of the affected country to be heard."

To ensure more responsible and productive lending and borrowing in the future, we need to learn from and redress the errors of the past. Only then can we build the architecture for an international financial system that works for people and the planet.

Neil Watkins, a Foreign Policy In Focus contributor, is the executive director of Jubilee USA Network, and Sarah Anderson, a Foreign Policy In Focus senior analyst, is the director of the Global Economy Project at the Institute for Policy Studies.

Latin America Should Pool Its Reserves, Ecuador’s Correa Says

By Joshua Goodman

Dec. 16 (Bloomberg) -- Ecuadorean President Rafael Correa, who last week announced his government was defaulting on its debt, called on Latin American countries to pool their reserves and boost spending to overcome the global credit crisis.

Correa didn’t mention his country’s default in his speech to regional leaders at the Latin American and Caribbean Summit on Integration and Development, being held today in Brazil.

Instead, he said the region should accelerate integration efforts, such as the Venezuela-backed planed for a South American development bank to be called the Bank of the South, whose creation has been delayed. He proposed Latin American governments take reserves held abroad back to the region in what he called the “reserve fund of the South.”

“If we had advanced more with the Bank of the South, we’d be much better prepared today to combat the crisis,” he said in his opening speech at the summit. “Instead of financing these foreign economies, we should bring together our reserves so they can support our own.”

Correa also proposed abandoning “extra-regional” currencies and creating a regional mechanism to avoid using the U.S. dollar in commercial transactions. Ecuador is the only country in South America that uses the dollar as its official currency.

Ecuador: Prosecutor Recuses Himself In Chevron Case

QUITO -(Dow Jones, 16 Dec, 2008)- Ecuador's Prosecutor General Washington Pesantez has removed himself from the prosecution in a case against two Chevron Corp. (CVX) attorneys, the U.S.-based company said.

In a Dec. 3 letter, Pesantez said that he has previously issued judicial opinions related to the current investigation and delegated the case to another high official of the Prosecutor' office.

In 2007 Pesantez, acting as a district prosecutor, said that there "were no indications of civil, administrative or criminal liability against the officers of the Ecuadorian Government and the representatives of Texaco in relation to environmental damages which may have taken place in the Amazon region."

In a press release Chevron said that Pesantez' decision "illustrates the meritless nature of the Ecuadorian government's persecution of our attorneys. No new evidence has been presented and this decision by the Prosecutor General simply highlights the overwhelming body of evidence exonerating Texaco Petroleum as well as the conduct of its attorneys."

Chevron is facing a lawsuit in Ecuador for Texaco's alleged contamination in the Amazon region of Lago Agrio.

The company is accused of having used out-of-date technology that led to environmental damage.

Chevron acquired Texaco in 2001.

The complaint started in 1993 with a lawsuit in New York courts, which ruled that the case should be tried in Ecuador. In May 2003, several indigenous groups filed a lawsuit against the company in Lago Agrio, Nueva Loja.

The company denies the allegations and said it had met all requirements for environmental cleanup that were agreed upon with Ecuadorian state oil company, Petroecuador, spending about $40 million.

Chevron has also said that in 1998, the state oil company, Petroecuador, released the U.S.-based company from any liabilities regarding cleanup efforts.

Chevron also has said that in 1998 Petroecuador released the U.S.-based company from any liabilities regarding cleanup efforts.

The plaintiffs said that this release isn't from individual claims and that the so-called "cleaned up" pits remain contaminated.

Ecuador Withholds on Unlawful Debts

Ecuador Withholds on Unlawful Debts


Quito, Dec 16 (Prensa Latina) Ecuador is upholding a recently announced moratorium on 39 percent of its foreign debt, corresponding to global bonds for 2012, 2015, and 2030.

The decision not to pay was announced Friday with the 2012 bonds (30.6 million dollars), and ratified Monday when Finance Minister Maria Elsa Viteri affirmed that the 30.4 million dollars corresponding to the 2015 bond will not be paid either.

Ecuadorian President Rafael Correa stressed on the weekend they will not pay those commitments for they were assumed and renegotiated unlawfully, to the detriment of the country.

He said the decision not to pay comprises the commercial part of the foreign debt equivalent to 39 percent of the total public debt, amounting to 9.93 billion dollars.

The Ecuadorian pronouncement was made after an auditing commission detected irregularities in credit contracts.

Correa also warned it is necessary to be prepared to face possible international lawsuits and even embargos.


Tuesday, December 16, 2008

Ecuadorians Agree With Foreign Debt Default

December 16, 2008

(Angus Reid Global Monitor) - The majority of people in Ecuador believe their country should refrain from paying its foreign debt, according to a poll by Cedatos/Gallup. 61 per cent of respondents support a default.

Rafael Correa, a former finance minister, ran for president as an independent leftist under the Alliance Country (AP) banner. In November 2006, Correa won a run-off with 56.69 per cent of the vote. He officially took over as Ecuador’s head of state in January 2007, and vowed to change the country’s Constitution. Correa’s party nominated no candidates to the National Congress.

In September, Ecuadorian voters ratified a new constitution in a nationwide referendum. The draft was approved by the pro-government majority in the Constituent Assembly.

Since taking office, Correa has referred to Ecuador’s foreign debt as "illegal" and has hinted at a default. The president claims that previous governments mishandled debt negotiations and used privileged information for personal financial gain. He ordered an audit of foreign debt in 2007.

Last month, Hugo Arias, coordinator of the Special Commission for Foreign Debt Audit, said that "indications of illegality" in the debt contracts and negotiation processes were found. Arias raised speculation that Ecuador will default on up to $10.2 billion U.S. of external sovereign debt, saying that it is "a giant and unpayable monster."

Earlier this month, Ecuador defaulted on two debt interest payments worth more than $60 million U.S. Correa stated that his government would present a proposal to "acknowledge" some of that debt, but at a "lower price."

Polling Data

Should Ecuador pay its foreign debt?

Yes

32%

No

61%

Not sure

7%

Source: Cedatos/Gallup
Methodology: Face-to-face interviews with 1,326 Ecuadorian adults, conducted from Nov. 27 to Dec. 2, 2008. Margin of error is 3.2 per cent.

Ecuador May Hit ‘True Monsters’ Harder Than Argentina

By Lester Pimentel and Stephan Kueffner

Dec. 15 (Bloomberg) -- Ecuador may saddle investors with the biggest losses in a government bond restructuring since at least World War II after President Rafael Correa fulfilled a two-year pledge to default on debt he calls “illegitimate.”

The country’s three dollar-denominated bonds, with a total face value of $3.9 billion, fell below 25 cents on the dollar following Correa’s announcement on Dec. 12 that he wouldn’t make a $30.6 million interest payment due today, according to JPMorgan Chase & Co.

Investors expect to recover less than the 30 cents that Argentina paid in a 2005 settlement that was the harshest since the war, according to Arturo Porzecanski, an international finance professor at American University in Washington. Correa said in a Dec. 13 radio address that he wants to force a “big discount” on creditors, a group he referred to a day earlier as “true monsters who won’t hesitate to crush the country.”

“You have to assume he’s going to continue to play hardball,” said David Bessey, who manages more than $8 billion of emerging-market debt for Prudential Financial Inc. in Newark, New Jersey. It may take Ecuador the “better part of a decade” to regain access to international capital markets, he said. “It’s a rare thing to not pay when you can.”

‘Again and Again’

The default is Ecuador’s second in a decade and seventh in its 178-year history, according to a study by Federico Sturzenegger, a former secretary of economic policy in Argentina, and Jeromin Zettelmeyer, a former assistant to the Western Hemisphere Department director at the International Monetary Fund. In 1999, Ecuador halted payments on $6.5 billion of bonds that had been restructured just five years earlier.

“It’s practically the same obligation being discounted and forgiven again and again,” Porzecanski said. “It could well end up being a more punishing restructuring than Argentina has delivered.”

While a five-month, 70 percent plunge in oil, the South American country’s biggest export, has crimped revenue, the government can still pay its debts, said Matias Silvani, who helps manage $12 billion of emerging-market debt at JPMorgan Asset Management in New York. Ecuador has $5.3 billion of foreign reserves, according to the central bank.

Total debt of $10 billion equals about 21 percent of the country’s gross domestic product today. Its debt equaled 97 percent of GDP in 1999. Argentina’s debt had swelled to 150 percent of GDP when it halted payment on $95 billion of bonds in 2001, the biggest sovereign default ever.

Vulture Lawsuits

Ecuador’s default in 1999 “was due to a solvency issue,” Silvani said. “Now they do have the money to pay. This is a purely willingness to pay issue.”

Ecuador paid bondholders 60 cents on the dollar in a restructuring in 2000, double the 30 cents Argentina paid five years later. About 25 percent of bondholders rejected Argentina’s offer and the country is still unable to access international capital markets as it fends off creditor lawsuits.

Correa, a 45-year-old economist who won election in 2006 promising to spend on the poor before paying debt, said Dec. 13 that his government is preparing to defeat legal challenges from “vultures.” The day before, he ordered officials not to make the $30.6 million interest payment due today on $510 million of 12 percent bonds maturing in 2012.

The bonds were “always structured for the benefit of the creditors, trampling on the national interests, dignity and sovereignty of our countries,” Correa told reporters in Guayaquil. “It is now time to bring in justice and dignity.”

Prayed, Lost Sleep

He had invoked a one-month grace period on the interest payment in November, saying he wanted to analyze an audit commission’s report on the legality of the debt. Correa, who counts Venezuelan President Hugo Chavez among his closest allies, said in his radio address that he prayed to God and “lost a lot of sleep” as he weighed his options.

The commission, which the president created last year, said in a 172-page report in November that the bonds due in 2012 and 2030 “show serious signs of illegality,” including issuance without proper government authorization.

Those two securities were sold in the 2000 restructuring. Correa, who earned a Ph.D. at the University of Illinois at Urbana-Champaign, also said after receiving the report on Nov. 20 that the 9.375 percent bonds due in 2015 are marred by irregularities. Government supporters chanted “we owe nothing” and “the debt is paid” as Correa spoke in Quito that day.

Annul the Debt

“This country is not one where the culture puts any value on paying debt,” said Michael Atkin, who helps oversee $12 billion of fixed-income assets as head of sovereign research at Putnam Investments in Boston.

The 2012 bonds plummeted today to 18 cents on the dollar from 32 cents a week ago and 95 cents three months earlier, according to JPMorgan. The $2.7 billion of bonds due 2030 and the $650 million of bonds maturing in 2015 both sank to 20 cents today.

The government also withheld an interest payment today on the 2015 bonds, invoking the 30-day grace period, Finance Minister Maria Elsa Viteri said. Standard & Poor’s lowered the rating on the 2012 bonds today to default and said in a statement that it would wait till interest-payment deadlines on the other two bonds expire before assigning them a default rating.

Ecuador will present a restructuring proposal to creditors “in coming days,” Correa said Dec. 12. He said the government would simultaneously try to have the debt annulled in international courts, an effort that Porzecanski said has little chance of success.

Correa’s “been pretty outspoken in showing a lack of interest in working with bondholders,” said Prudential’s Bessey, who declined to say if he holds Ecuador bonds. “It’s hard to imagine he would turn around and pursue a friendly restructuring.”