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.

Tuesday, May 25, 2010

OAS requests Ecuadorian gov't improve jail conditions

The Organization of American States (OAS) suggested Friday the Ecuadorian government improve the food and health conditions of the prisoners.

"The general conditions are good, but it would be better to improve the food and health conditions of the prisoners" to preserve their human rights, said Rodrigo Escobar, OAS representative for prisoners.

This week, Escobar visited many prisons in Quito, in the company of officials from the Ecuadorian Justice and Human Rights Ministry.

Escobar also talked with the assistant chief of the Judicial Police, Victor Hugo Cartagena, about such issues as the legal processes regarding the handling of crimes and the treatment of detainees.

There are 33 jails in Ecuador housing some 11,698 prisoners, but their actual accommodation capacity is only for 9,032 people, the Justice and Human Rights Ministry said.

It added that the problem of overcrowding has been largely reduced during the term of Ecuadorian President Rafael Correa.

Source: Xinhua

Ecuadorians Split on Correa’s Performance

May 21, 2010

(Angus Reid Global Monitor) - Many people in Ecuador express confidence in Rafael Correa’s leadership but opposition to his performance is equally high, according to a poll by Cedatos/Gallup. 46 per cent of respondents approve of the president’s work, up two points since March.

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. Correa’s party nominated no candidates to the National Congress.

In September 2008, Ecuadorian voters ratified a new constitution in a nationwide referendum. The draft was approved by the pro-government majority in the Constituent Assembly. Under the terms of the new constitution, Ecuador held a presidential election in April 2009. Final results gave Correa 51.95 per cent of the vote. For the first time in 30 years, the Ecuadorian presidential election did not require a run-off.

On May 1, referring to ongoing contract re-negotiations with foreign oil corporations operating in Ecuador, Correa declared: "Companies need to understand that we are entering a new era in Ecuador and we won’t permit more abuses. We will pay what we have to pay, but we won’t let these companies impose conditions on our oil."

Polling Data

Do you approve or disapprove of Rafael Correa’s performance as president?

Apr. 2010

Mar. 2010

Feb. 2010

Approve

46%

44%

41%

Disapprove

47%

48%

50%

Source: Cedatos/Gallup
Methodology: Face-to-face interviews with 2,086 Ecuadorian adults, conducted from Apr. 12 to Apr. 16, 2010. Margin of error is 3.2 per cent.

Ecuador : Ecuador, China agree on hydroelectric financing after spat

Ecuador and China have reached an agreement in principle on a 1.7 billion dollar line of credit to build a hydroelectric plant, a government news agency said Wednesday.

The agreement followed difficult negotiations that at one point prompted complaints by President Rafael Correa about the Chinese negotiators.

Correa said in March he was upset about "the mistreatment and the rudeness" that his country's representative endured in the talks with the Chinese, and said that negotiating with China was "worse than the IMF," comparing it to pulling teeth.

Gu Jiafeng, an official at Beijing's embassy in Quito, told the Andes government news agency that the agreement was reached after three Eximbank representatives visited Ecuador last week.

Ecuador had already agreed that China's Sinohydro company would be in charge of building the nearly two billion dollar Coca Coda Sinclair hydroelectric plant.

Ecuador is putting up 15 percent of the cost, and the rest will be financed with credit from China's Eximbank.

The Eximbank representatives informed Ecuadoran authorities of the new loan conditions, the Chinese diplomat said.

"During the visit, both sides reached an agreement and signed ... the credit agreement," the embassy official said.

An Ecuadoran delegation led by Finance Minister Patricio Rivera and Strategic Sector Minister Jorge Glas will travel to China and sign a document finalizing the agreement next week, Andina reported.

Eximbank had earlier demanded that Ecuador's Central Bank put its assets up as collateral for the loan, something that Correa said his leftist administration considered "unacceptable."

Correa unilaterally broke off talks in March, but both sides returned to the negotiating table in April.

Water Conflict Mounts in Ecuador

By Julia Apland,
for AlterNet.org
The South American country is trying to decide who has the rights to water, who will control it, how will it be developed, and who will benefit.

Powerful interests are colliding in Ecuador, and at the center of it all is water. The South American country is trying to decide who has the rights to water, who will control it, how will it be developed, and who will benefit. While a series of public consultations is part of the picture, political negotiations are being overshadowed by an upwelling of determined protest.

The sides of the conflict can be summarized as the government and big business vs. the indigenous communities, but of course it’s more complicated than that.

The Ecuadoran Constitution, approved in 2008, states, ‘The human right to water is fundamental and unrenounceable. Water is a strategic national asset for the public use, inalienable, irrevocable, unappropriable and essential for life.’ (my translation) Many people in Ecuador feel that this means that water can not be privatized, but can only be managed by the public authorities.

Nevertheless, several multinational corporations have acquired concessions to provide water services. For example, in Guayaquil a foreign owned company, Interagua, received a concession to develop the drinking water supply in 1991, funded by an Inter-American Development Bank loan. Interagua continues to make profits, but despite the residents paying and paying on that loan, thousands of people in Guayaquil still don’t have potable water service.

In other areas, international companies have received concessions to construct reservoirs for electricity generation and to transfer water to other regions, to the detriment of local and downriver people. In other cases, mining operations have been allowed to use and contaminate water sources.

Impunity Watch says, “Forty-five percent of water resources have been privatized through legal concessions, but one percent of those using water resources consume sixty-four percent of the water available and eighty-six percent of Ecuadorians consume just thirteen percent of the country’s water.”

The result has been years of protests organized by the historically marginalized indigenous groups and campesino organizations. And not the harshly-worded-letter variety of protest, either, as they see a resource essential for their livelihoods, water, taken out of their hands and given to wealthy businesses. The response has involved thousands of people blocking roads, marching in the streets and rioting, and there have been violent confrontations that have resulted in arrests and even death.

Protesters blocking the road last week.

Protesters blocking the road last week.

Over the last year, the government has been working on passing a new water bill, the Hydraulic Resources Law, which would, as I understand it, allow the concessions to stand, codify privatization of water rights and centralize decision-making at the state level, possibly further excluding traditional local water-management structures from the process. In the last weeks an estimated 10,000 protesters have descended on the capitol city of Quito, trying to stop the bill as it comes before the national assembly. They argue that the Law would violate the constitutional guarantee that water is a public asset, as well as the constitutional guarantee that environmental and ecosystem interests be preserved.

The protesters have had some measure of success, as the bill has not come up for a vote. Just this week, a proposal to postpone consideration until after a public consultative process of three to six months, which many feel is intended to diffuse and undermine the protests without offering real hope for change, failed. The political maneuvering continues, but at the very least the indigenous and campesino groups are being seen as a force to be reckoned with.

Control of natural resources has long, perhaps always, been a source of contention in poor and developing countries. To utilize the resource to the benefit of anyone, public or private, takes money to construct infrastructure and develop processes. If the local governments can’t afford it, outside capital fills the gap. But that leaves local people with fewer resources and less control over their lives. As frustration, anger, and in the case of a fundamental need like water, fear, grows, people look for ways to get control back. The form that struggle takes, and how successful it is, varies by location.

In Ecuador the struggle continues, with much bitterness on both sides. Water is a life and death issue, and here at least, traditionally powerless people are not backing down.


Ecuadorian Correa Rejects European Migration Policies

PL, 21.5.2010

The President of Ecuador, Rafael Correa, regarded here as terrible the migration policies applied by the 27 member countries of the European Union (EU) with the Latin American emigrants in his Wednesday speech at the EU-Latin American and Caribbean Summit.

Ecuadorian Correa Rejects European Migration Policies

Correa insisted in particular in the situation of the migrants of his country.

"I find it a historical ingratitude," Correa expressed, and wondered what effect it had caused in Europe if Latin America had used the same policies when this part of the world received the great migratory wave during the Spanish Civil War.

"I don't know how the EU will explain the future generations, at least from an ethical point of view, that while it was enabling a global world and a bigger flow of capitals and goods, criminalized the most principal of the movements, the human one, underlined the Ecuadorian leader.

He said that the policies of the Old Continent penalize the immigration more and more, something he evaluated like a monstrous inconsistency.

The Ecuadorian stateman admitted that the Latin American governments are very concerned for the effects that the serious economic crisis in Europe will have on hundreds of thousands of immigrants arrived in these lands in the last years, many of them from Ecuador.

"The repercussions on the migrants are very big," said Correa, after evaluating that Latin America has known how to confront the world financial crisis with many smaller negative effects than Europe.

"For that reason it doesn't exist any danger that this economic debacle deepens the migratory current toward the Old Continent," he said.

He insisted in particular in the situation of the migrants of his country living this side of the Atlantic, for the Ecuadorian community in Spain, where the unemployment rate is very high.

"If you don't have a labor contract you cannot renovate the residence permission," he added and pointed out that the unemployment index in the immigrants is located near 30 percent.

He informed that these concerns were expressed by the Latin American leaders as much in the 6th Summit on the eve, as in the meeting Thursday between the EU community block and the Andean Community.

On the political situation in Latin America, Correa totally declared himself against the recognition of the new authorities of Honduras, although they are fruit of some elections.

"It would be a disastrous precedent to allow a shameless coup d'etat, calls for elections later and nothing happens, the Union of South American Nations won't allow such a thing, he concluded.

Ecuador Wants Off the Money-Laundering List

By Gonzalo Ortiz

QUITO, May 20, 2010 (IPS) - "It sounds incredible, but it's just a matter of a letter that wasn't turned in on time," Ecuador's attorney general said in regards to the Financial Action Task Force decision to qualify the country as "posing a risk to the international financial system."

Ecuador's inclusion on the list of "high risk" nations means the FATF determined the South American nation has failed to fulfil the recommendations for preventing and punishing both money laundering and terrorist financing.

Difficulties are already arising for some banks and businesses. "Lines of credit haven't been cut, but the correspondent banks have requested much more information from the Ecuadoreans," César Robalino, executive chair of Ecuador's private bank association, said at a press conference on Tuesday.

Foreign banks have even sent missions to monitor the security practices for transactions in Ecuadorean banks, which already have their own compliance officers and specialised committees on their boards of directors, said Robalino.

The FATF is an inter-governmental body created in 1989 by the Group of Seven most industrialised countries (Britain, Canada, France, Germany, Italy, Japan and United States), and now has 35 members (33 nations and two regional organisations).

Its aim is to oversee and promote policies to fight money laundering and the financing of terrorism by states and financial institutions; yet, among its members are notorious tax havens, such as Switzerland, Luxembourg and the Dutch island of Aruba. Today, FATF is guided by the Group of 20, a bloc of industrial powers and emerging nations that have led efforts to weather the global financial storm that erupted in 2008 in the United States.

Angola, Ethiopia and North Korea are the three other nations joining Ecuador on the list that the FATF issued Feb. 18 in its public statement. Those countries, says FATF, have not complied with its recommendations. In a special declaration, the task force accused Iran of financing terrorist activities.

According to Attorney General Diego García, the other four countries do not even engage in dialogue with FATF, while Ecuador collaborates with the task force and is a member of the regional organisation, the South American Financial Action Task Force (GAFISUD), founded in 2000.

The GAFISUD website states that it was "created on the model of the FATF and has adopted the Forty Recommendations issued by FATF as the most widely recognised international standard for countering money laundering and the Special Recommendations against terrorism financing."

The reason Ecuador was included on the list, in García's reckoning, is that the FATF members believed that the government "had not confirmed an absolute commitment at the highest political level" to put all the recommendations into practice.

"They don't say that we haven't fulfilled our obligations. On the contrary, they recognise Ecuador's efforts, but they believe we are lacking a declaration from the highest level in terms of the will to resolve the existing deficiencies and to implement the action plan," he added.

The official is planning a meeting next week of the National Council Against Money Laundering, which would then send a project to Congress on reforming financial standards.

Ecuador has had anti-money laundering laws on the books since October 2005, but needs to make up for the shortcomings that emerged when they began to be implemented, said the attorney general.

The reforms would clarify the laws and include harsher penalties for money laundering and related illicit activities, and would make Ecuador more efficient in freezing accounts and seizing assets when necessary, García said.

With these steps and a clear letter about Ecuador's political commitment, García hopes that this country will be removed from the list at the next plenary meeting of the FATF, to be held Jun. 21-25 in Amsterdam.

"FATF is obligated to remove us from that list if we submit an action plan and commitment from the highest level," he said.

President Rafael Correa and Foreign Minister Ricardo Patiño have both spoken publicly about the possibility of cancelling cooperation with FATF and its recommendations, and creating a new body to monitor financial practices.

But García said that as Ecuador's representative to the FATF he had not yet received any such instructions, so he is continuing his efforts "to get Ecuador off the list."

In the opinion of financial expert María Laura Patiño, the FATF action could be a reaction to an agreement signed by Quito and Tehran that allows the Export Development Bank of Iran (EDBI) to act through Ecuador's Central Bank.

The EDBI and Iran's Central Bank "have been on special lists for some time," said Patiño, and even though "no operations have been carried out, this can have consequences."

García rules out that theory, pointing out that the FATF official documents do not mention the agreement with Iran.

The agreement with Iran has created other problems, however. The president of Ecuador's Central Bank, Diego Borja, travelled in mid-May to the United States to explain the extent of the pact to officials at the U.S. Federal Reserve.

As he explained upon his return, "there was a danger that they wouldn't send dollar currency to Ecuador," which would be a disaster because this country replaced its national currency with the dollar a decade ago. Borja said U.S. officials proved understanding of Ecuador's position in regards to the agreement with Iran.

Ecuador requests evidence of DAS spying on embassy

Colombia Reports, May 20 2010

miguel carvajal, ecuador, colombia

Ecuador on Thursday asked Colombia's inspector general to hand over evidence of the alleged spying on the Ecuadorean embassy in Bogota by government intelligence agency DAS, reports TeleSURtv.

According to Ecuadorean Security Minister Miguel Cavajal, despite the creation of a biliateral commission in March to restore relations between the two countries, Ecuador has yet to receive "original" evidence from Colombian authorities on the espionage.

"We have not succeeded in obtaining a verification of the originality of the documents" which details the Colombian espionage efforts against Ecuador, and we "need an explanation," Cavajal said.

According to Cavajal, the only response they have received from Colombia in regards to the information request is that DAS is currently "undergoing a series of internal corrections."

Ecuador's request for information stems from revelations in the last few months about the alleged espionage carried out by the DAS against the Ecuadorean, Venezuelan, and Cuban embassies in Colombia, as well as of Ecuador's ambassador to Venezuela.

The allegations of spying against other Latin American countries forms part of the ongoing investigation into the scandal-hit DAS, which has been accused of illegal wiretapping and surveillance of a number of the Colombia's judges, journalists, opposition politicians, and trade-unionists.


Ecuador ratifies international treaty banning cluster bombs


Ecuador signing the CCM
Ecuador signs the Convention on Cluster Munitions at the Oslo signing conference in December 2008. Photo credit: Gunnar Mjaugedal/catchlight.no

Ecuador ratifies international treaty banning cluster bombs
Convention will become binding international law on 1 August

(London, 20 May 2010) – Ecuador ratified the Convention on Cluster Munitions on 11 May 2010, joining the growing number of countries fully on board the most significant disarmament and humanitarian treaty in over a decade. The Convention now has 106 signatures and 33 ratifications, and will enter into force on 1 August 2010, when all of its provisions become legally binding.

“Ecuador has been among the Latin American leaders in the international movement to ban cluster bombs,” said Maria Pia Devoto, director of the Asociación de Políticas Públicas in Argentina, a Cluster Munition Coalition member organisation that has actively promoted the treaty in Latin America. “Latin America and the Carribbean should become a cluster munition-free zone, and Ecuador should now work with other countries in the region to prevent civilian harm by promoting universal adherence to the treaty.”

The 2008 Convention comprehensively bans the use, production, stockpiling and transfer of cluster munitions, sets strict deadlines for clearance of contaminated land and destruction of stockpiles of the weapon, and includes groundbreaking provisions for assistance to victims and affected communities.

Ecuador has not used, produced or stockpiled cluster munitions, and it has been a strong supporter of the Convention’s provisions on victim assistance. In November 2008, Ecuador hosted the Latin America and Caribbean regional meeting on the Convention, where most of the 20 states present pledged to sign in Oslo the following month.

In Latin America, Mexico, Nicaragua and Uruguay have also ratified the Convention. Chile, a former producer and stockpiler, has signed the treaty and on 18 May its Senate unanimously approved national legislation that should allow it to ratify ahead of a global conference on the Convention in Santiago next month. Chile and Peru – which also signed – have not set out clear plans for destruction of their stockpiles. Brazil, the only remaining active producer of cluster bombs in the region, and Argentina, a former producer and stockpiler, have yet to sign the Convention.

Ecuador’s ratification allows it to participate fully in the First Meeting of States Parties, to be held from 8-12 November 2010 in Lao PDR, the most cluster-bombed country in the world. The CMC urges as many countries as possible to join the Convention and attend this key meeting.

Lea esta nota en español:
Ecuador ratifica Convención sobre Municiones en Racimo


Correa: Santos presidency would be 'problem' for Ecuador

Colombia Reports, May 19, 2010

rafael correa, juan manuel santos

Ecadorean President Rafael Correa said that if Juan Manuel Santos wins Colombia's upcoming presidential election, it "will be a problem," for bilateral relations between the neighboring countries, reports El Espectador.

Correa said that a Santos victory would be difficult for Ecuador as the Partidad de la U candidate is currently being investigated for his involvement in Colombia's March 2008 raid on a FARC camp on Ecuadorean soil.

"Of course it will be a problem. I do not want to meddle in Colombian elections, but it is undeniably going to be a problem," the president said.

However, Correa said that he wanted to make it clear that "Ecuador has a separation of powers."

"I have nothing to do with justice; [the Ecuadorean] justice [system] acts on its own, but I agree with the investigation into the crime," he stated.

Juan Manuel Santos and several Colombian military officers have been indicted in absentia by Ecuadorean courts on charges of masterminding the attack, which Ecuador views as a violation of international law

Correa also justified Ecuador's recent increased military spending, saying that the "civil war in Colombia was tremendously affecting Ecuador."

"What can we do if we live next to a country with tremendous conflicts affecting the region," said the Ecuador leader.

On Tuesday Colombian President Alvaro Uribe reiterated his support for Juan Manuel Santos, promising the presidential candidate “solidarity” and “protection” from the charges brought against him.


Colombia Rejects Ecuadorian Tribunal Ruling to Arrest Presidential Candidate

The Colombian government Tuesday rejected an Ecuadorian tribunal's ruling to arrest its former defense minister and current presidential candidate Juan Manuel Santos, saying Quito has no such jurisdiction.

"The Colombian government does not recognize the jurisdiction of Ecuadorian Sucumbios' judge," Interior and Justice Minister Fabio Valencia said, adding Ecuadorian law is not supported by international law.

Santos is accused in Ecuador of having ordered a bombing raid in 2008 against a camp of the Revolutionary Armed Forces of Colombia (FARC) established in Ecuadorian territory. He was Colombia's defense minister at the time.

A judge from the Ecuadorian province of Sucumbios, which borders Colombia, on Monday ordered Santos to be notified by the Ecuadorian embassy in Colombia about the imprisonment order against him. The warrant for Santos' arrest had been suspended for some time but reactivated recently.

Colombian President Alvaro Uribe vowed to protect Santos in a recent speech at the Sixth Latin America and Caribbean-European Union summit in Spain.

After the raid, Quito broke off ties with Bogota on the grounds that the attack violated Ecuador's territorial sovereignty.

Global Insider: Ecuador's Foreign Policy

Kari Lipschutz | Bio | 18 May 2010

The U.S. Embassy in Ecuador recently announced that it had delivered $1.2 million of donated military equipment to the Ecuadoran military, a year after Ecuadoran President Rafael Correa ordered the closing of a U.S. air base in the country. In an e-mail interview, Michael Shifter, president of the Inter-American Dialogue, explains Ecuador's bilateral relations with the U.S. and its regional foreign policy.

WPR: How has the closing of the Manta air base impacted U.S.-Ecuador relations, and in particular military-to-military cooperation?

Shifter: The closing of the Manta base was long expected and therefore its effect on U.S.-Ecuadoran relations has been minimal. The decade-long agreement had been unpopular in Ecuador. The terms were viewed as unfavorable to Ecuadoran national interests, especially in light of the spillover in drug and insurgent-related violence from Colombia's internal conflict. The U.S. has compensated for the Manta base with a new defense cooperation pact with Colombia (that generated considerable controversy), yet military-to-military ties between the U.S. and Ecuador have not significantly suffered. The effect of the Manta base closing should not be overstated. After all, during the Cold War the U.S. never had a base in South America.

WPR: More generally, how has President Rafael Correa repositioned Ecuador's regional foreign policy?

Shifter: President Correa has tried to be more assertive and independent in his regional foreign policy. He has been a key player in such South American arrangements as the Brazil-led UNASUR. After some time, the Correa administration eventually decided to join the Venezuela-led ALBA alliance. There is some commonality between Ecuadoran and Venezuelan foreign policy, yet Correa has also had a number of differences with Venezuelan President Hugo Chavez and has sought to chart his own course. To be sure, there has been a lot of strain with Colombian President Alvaro Uribe, particularly after Colombia's military incursion attacking a FARC camp in 2008. But recently Ecuadoran-Colombian relations have been more relaxed and have improved.

WPR: What accounts for Correa's more balanced approach compared to other leaders of the Latin American populist left, like Hugo Chavez and Evo Morales?

Shifter: Correa's background shares little in common with that of Chavez and Bolivian President Evo Morales. He is an economist by training, with a doctorate from the University of Illinois. In some respects, he is quite pragmatic in his approach to a variety of issues, including Ecuador's mining law, which drew a lot of criticism from the left in that country. The country's complicated economic realities also force some political moderation and accommodation. Ecuador is an oil producer, but not in the same way that Venezuela is. Correa understands that he needs to diversify and broaden economic and political relationships. He can't afford to be as belligerent as Chavez sometimes is. Moreover, despite some similarities, it is useful to distinguish clearly among Chavez, Morales and Correa. They differ in political style and policy preference. The countries they lead have very different constraints and possibilities.

Decision Delayed Over Ecuador's New Water Law

Written by Jennifer Moore for UpsideDownWorld
Tuesday, 18 May 2010

Ecuador's National Assembly President Fernando Cordero closed a highly-anticipated plenary session last Thursday by declaring that the controversial new water law would not be voted on until there has been prior consultation with communities. Cordero's unilateral decision means that final treatment of the law will likely be delayed for months.

The proposed water bill has been a source of tension between President Rafael Correa's governing Country Alliance movement and indigenous and campesino organizations for months. Indigenous and campesino organizations are concerned that it fails to ensure their direct participation in water management. They further complain that the law would not protect water supplies from industrial activities such as mining, nor reverse water privatization that has already occurred in the country. Various attempts at dialogue have failed to address their concerns.

President Correa has called indigenous concerns over the law “the position of cavemen that want to keep the country living in the past.” He has also continued accusing indigenous leaders of wanting to control water for themselves.

Mobilizations against the water law have gained strength over the past month and a half, and include a broad coalition of urban, campesino and indigenous organizations principally from the coast and the highlands. Indigenous organizations include ECUARUNARI and FEINE, as well as the Confederation of Indigenous Nationalities of Ecuador (CONAIE) and the National Federation of Indigenous, Peasant and Black Organizations (FENOCIN) which until recently has had close ties to the government's political movement).

“Once again they aren't going to consult us, and once again the consultation they carry out won't be binding,” said Delfín Tenesaca, President of the Kichwa Confederation of Ecuador (ECUARUNARI), during a press conference last week.

During the same press conference, President of the Ecuadorian Federation of Evangelical Indigenous People (FEINE), Manuel Chugchilán, indicated that indigenous organizations have already participated in efforts to include their proposals in new water reforms, but that they have consistently been undermined.

Most recently, since early May when the National Assembly began their final debate over the water bill, he noted that indigenous representatives have formed part of a technical commission to develop legal text to address key demands. However, holding up a copy of the amended bill that they helped produce, he lamented, that the president of the commission Jamie Abril - a member of Correa's Country Alliance movement - ultimately presented a different version.

“There is no real, participatory democracy here,” he said. “They want to demobilize indigenous organizations and ignore our proposals.”

Now, even though it is a constitutional right of indigenous peoples to be consulted over legislation that could affect their rights, Cordero's announcement last week will not easily bring Correa and indigenous and campesino organizations closer together. Earlier during the session, Cordero tabled a prior motion to the same effect, but it failed to pass. Despite this, Cordero has insisted that he is ordering the consultation process to be prepared.

For their part, indigenous leaders, who have never proposed that they should be the sole authority over the country's hydrological resources, do not believe the consultation will be a genuine effort to receive and incorporate their input. Instead, they see it as a political move aimed at dividing their movement and buying time for the government to ensure that it has the votes needed to pass the currently proposed law.

Consult and conquer


Representatives of the government and governing party confirm concerns that the upcoming consultation will avoid dealing with dissenting popular leaders and be used to squelch dissent.

Assembly Member for the Country Alliance movement Rolando Panchana was most explicit about their intentions when he stated to the national press that “this consultation is going to serve to tell the truth to the grassroots, to inform them adequately and to combat this perverse manipulation that certain indigenous leaders are carrying out.”

Panchana's comments reflect a national propaganda campaign aimed at delegitimizing indigenous leaders who are accused by the government of being funded by international NGOs and of wanting to impose their agenda on the country. Television advertisements suggest that the thousands of people who have participated in recent mobilizations are manipulated by corrupt leadership.

As a result, the government has indicated that it will bypass such leaders during the consultation.

“This new procedure,” said Coordinating Minister of Policy Doris Soliz last week, “will help establish a consultation much more direct and legitimate with the grassroots indigenous, Afro-Ecuadorian and coastal campesino communities.”

Given such comments, lawyer Wilton Guaranda believes it is quite possible that the government could use the consultation as a means to “divide the indigenous movement” and to simply “legitimize President Correa's position concerning the water law.”

“Such a decision [to consult with indigenous peoples] should have been adopted by the National Assembly from the time that debate over the water law began” months ago, says Guaranda, recognizing the right of indigenous peoples to pre-legislative consultation. But coming this late in the process, he postulates that it will be a way “to justify that they are abiding by the constitution,” but fail to deal with key issues.

Possible scenarios include that the government will carry out the consultation process as a mere referendum, with a yes or no result. A genuine consultation, points out Guaranda, would consider a “full analysis of the law” that cannot be reduced to a simple 'yes' or 'no', but rather to arguments that need to be addressed over key issues in order for consensus to be reached and collective rights to be guaranteed within the law.

Furthermore, he suggests that the process could undermine indigenous and campesino organizations that lack the same capacity as the government to carry out a campaign at the local community level and speculates that the government could privilege community sectors already on its side. Were international standards for consultation to be considered, however, the consultation would include a broad range of community actors and “it would not be enough to go to the community level, rather state authorities would also need to address community representatives.” But this appears to be exactly what the government hopes to avoid.

In whose interest?


President of Acción Ecológica (Ecological Action) Cecilia Chérrez says that “the government has perversely distorted the situation” by wanting to give the impression that indigenous leaders “want control over water.” She points out that mobilizations for deeper reforms within the new water law have involved a broad range of popular sectors, from urban organizations in the country's largest city of Guayaquil to rural water systems and broad bases within the indigenous movement. She says that popular sectors have never proposed that they should have exclusive control over water and recalls the tremendous inequalities that exist in terms of water management and distribution within the country, against which they are fighting.

“The latest reports about concentration of water supplies reveal a situation of profound injustice,” she says, noting the role that powerful economic groups play in rural areas where water supplies are dominated by large banana farmers and other agro-export sectors.

Although the current constitution and proposed water law explicitly prohibit water privatization and recognize the right to water first for human consumption and then for food sovereignty and environmental protection, she notes that mechanisms are still in place to protect dominant economic interests. Given allowances being made for large scale mining in fragile ecosystems and headwaters, as well as tolerance of private delivery of municipal water services, she still sees “clear levels of commitment between the government and economic sectors, including multinational corporations.”


As a result, she says, popular sectors do not yet feel assured that their needs will be met.

Wilton Guaranda also sees a need for continuing social mobilizations. However, in tandem, he hopes that the upcoming consultation might still be “an opening.” Noting that for some time, the government “didn't want to accept that there was any popular discontent over the law,” he proposes that if social organizations demand a meaningful consultation that there might still be an opportunity for “real engagement between the legislature's current proposal and demands of the indigenous movement... as well as other social sectors that are involved.”

Ecuador court to 'soon' notify Colombia of Santos courtcase

Colombia Reports May 17, 2010

Colombia news - Juan Manuel Santos

An Ecuadorean judge announced on Monday that he will "soon" officially notify Colombia of presidential candidate Juan Manuel Santos' courtcase over the bombing of a FARC camp on Ecuadorean territory.

According to the court, Santos and three generals of Colombia's armed forces violated Ecuador's sovereignty when ordering and carrying out the attack that killed the FARC's number two, Raul Reyes.

Following pressure from both the Ecuadorean and Colombian government, the court had nullified the courtcase, but was ordered by a higher court to continue the trial against Santos.

The presidential candidate was Colombia's Minister of Defense when the attack was carried out on March 1, 2008.

According to newspaper El Espectador, it is expected that Santos' case will be officially announced to Colombia's Foreign Ministry within the next few weeks.

Colombia's presidential elections will be held on May 30.


Thousands in Ecuadorian City Protest against Arizona Immigration Law

Several thousand people took to the streets of Ecuador's southern major city of Cuenca on Friday to protest an immigration law of the U.S. state of Arizona.

Some 4,000 people, including some officers, marched in downtown Cuenca, demanding respect for Ecuadorians living in the United States.

The immigration law is "against the human rights and the U.S. Constitution," said Juan Peralta, a regional delegate of the governmental National Secretariat for Immigration (Senami).

"Not to recognize the contribution of the emigrants to the development of the country would be like attempting to hide the sun with just one finger," Peralta added.

Arizona signed into law a tough and controversial immigration bill last month that makes illegal immigration a crime and allows police to stop and question a person on immigration status if there is any "reasonable suspicion."

The law sparked an uproar in the immigrant communities and criticism from political leaders including U.S. President Barack Obama.

The Ecuadorian government has recently announced the opening of a consulate in Arizona to protect its citizens.

Lorena Escudero, regional director of the Migrant National Direction (Senami) in Quito, the Ecuadorian capital, said the Arizona law would set a bad precedent for other U.S. states.

"We have expressed our rejection to this law, which makes the human flow criminal and directly affects the emigrants in Arizona. It could have a chain effect and also promote xenophobic and racist actions," Escudero said.

Protests in Ecuador Force Delay in Vote on Controversial Water Bill

Democracy Now, May 14 2010


In news from Latin America, lawmakers in Ecuador have postponed a vote on a controversial water bill that sparked protests by indigenous groups and other organizations. Ecuador’s President Rafael Correa says the bill is needed to better regulate the nation’s water system, but opponents fear the water bill would pave the way for privatization of natural resources and make it easier for the government to make concessions to mining companies and large industries. Earlier this week, indigenous groups blockaded roads in several regions. The police responded with tear gas and arrests.

Magdalena Velez, president of the Popular Front: "The member organizations of the Popular Front are here today, once again mobilized next to the indigenous movement, at this critical moment when there is an attempt to privatize water in our country. President Rafael Correa is showing disrespect for the will of the people of Ecuador.”

Original source with full multimedia here.

Ecuadorian diplomat denied US visa

May 14 2010 by Liam Clifford

The Ecuadorian diplomat, Dora Aguirre Hidalgo, has spoken about her surprise at having her application for a US visa denied.

The well-respected member of the National Assembly in Ecuador is also a Nebraska University official and, ironically, was applying for the visa to allow her to attend an immigration conference in the US.

According to reports, Hidalgo has been told by US immigration officials that her name appeared on a list and that additional security checks would have to take place in order for her to attend the conference.

Lourdes Gouveia of the University of Nebraska, which is running the conference, was hoping Hidalgo could attend the event to speak about Ecuador’s and Spain’s efforts to address the causes of outmigration. Huge numbers of people from Central and South American countries move to the US each year, many of whom risk their lives as they do not have a US visa and have to sneak through the border.

The president of the University of Nebraska, J.B Milliken, added, “We cannot be globally engaged if people are going to be denied visas when they want to come to Nebraska.”

Friday, May 14, 2010

Ecuador lawmakers fail to reach water bill deal

* Natural resources sensitive issue in Ecuador
* Correa remains firmly in power despite protests

QUITO, May 13 (Reuters) - Ecuadorean lawmakers on Thursday failed to reach a deal on suspending debate of a contested water bill that has sparked protests by indigenous groups who fear it threatens their rights to natural resources.

President Rafael Correa says the bill will better regulate the water system. But the failure by lawmakers to agree over the bill opens the way for more indigenous protests over an issue that is a political headache for his leftist government.

Lawmakers were ruling on a motion by Congress President Fernando Cordero to postpone debate over the bill for six months while indigenous communities were consulted over the impact of the proposal on their territories.

Opposition and some pro-government lawmakers blocked an attempt to reach a deal on postponement.

"The water law will be voted on the day we can have the consultations," Cordero said after the vote though no date was set to resume debate on the proposal.

While Ecuador's indigenous groups were instrumental in toppling previous governments, analysts say Correa has a solid grip on power and indigenous leaders are more splintered than in past protests when thousands descended on Quito.

Indigenous leaders say the water bill will pave the way for privatizations of natural resources and impact their farming and small-scale mining industries. Correa dismisses the protesters as "liars."

"The government is irresponsible and is playing with the Ecuadorean people," said Marlon Santi, head of the Indigenous Confederation of Ecuador or CONAIE. "The protests will continue for now."

Earlier this month police used tear gas to break up protests outside the Congress building and some demonstrators broke into the building but were ejected by security forces.

Correa, a U.S.-trained former finance minister, came to power in 2007 with broad indigenous support after promising to challenge the political old guard many Ecuadoreans blamed for years of instability in the world's largest banana exporter.

Correa still has more political capital than predecessors after introducing measures such as increased welfare spending for the poor and striking out at foreign investors. But he has seen his popularity wane as the OPEC nation's economy flagged during the global economic crisis.

Ecuador considers natives' proposals on Water Law unconstitutional

May 12, 2010
Ecuador's government said Tuesday that the proposals from the Confederation of Indigenous Nationalities of Ecuador (CONAIE) regarding the Water Resources Law are unconstitutional.

Minister Coordinator of Policy Doris Soliz said the proposals made by CONAIE can not be discussed at the National Assembly because they go against Ecuador's Constitution.

CONAIE, a former ally of the Ecuadorian government, is protesting against a bill concerning the control and management of water resources in the country.

Soliz said one of the unconstitutional proposals is the Multinational Council that CONAIE suggests should be in charge of regulating and managing the water resources.

According to Soliz, the Central Water Authority (AUA) should be in charge of the water resources because Ecuadorian President Rafael Correa is the one in charge of defining and directing the public policies.

Another proposal regarded as unconstitutional is the creation of a budget preallotment called "Water Fund."

Soliz said according to the new Constitution, the preallotment will be directed only by the decentralized autonomous governments to health, education, research, science and technology sectors.

"The transfer of preallotment will be predictable and automatic, other budget allotments are prohibited," Soliz added.

The CONAIE also requested that private companies be prohibited from managing the water resources. This goes against Ecuador's Constitution, which stipulates that "the economic system will be formed by public, private, and mixed sectors."

The native organizations fear the new law will promote the privatization of the water resources, which the government denies.

Soliz criticized CONAIE for imposing a fine of between 20 and 50 U.S. dollars on peasants who refuse to support their protests and for prohibiting the watering of their crops.

The National Assembly will vote on the Water Resources Law this week.

Source:Xinhua

Taking Stock of Canada’s Mining Industry: Ecuadorian Landmark Lawsuit Challenges Canadian Mining Impunity

Written by Jennifer Moore in UpsideDownWorld
Tuesday, 11 May 2010 05:50
Source: Briarpatch Magazine

Marcia Ramírez hopes to set a precedent in Canadian courts that will benefit peasant farmers and indigenous peoples across the Global South.

A community leader in her mid-20s, Ramírez is one of three Ecuadorian plaintiffs suing the Toronto Stock Exchange for over $1.5 billion. The lawsuit alleges that violence in their rural community could have been avoided had the TSX not listed the Copper Mesa Mining Corporation (formerly Ascendant Copper), which is also named in the lawsuit. The TSX Group and TSX Inc. are accused of causing or materially contributing to alleged violence committed by the company in response to local opposition to an open-pit copper mine. An environmental impact study had indicated that the mine would displace several communities and jeopardize the health of forests and rivers in the northwestern valley of Intag. The defendants have vigorously denied the allegations.

“I ask the noble people of Canada,” Ramírez stated in her comments when the civil suit was filed in March 2009, “that you demand from your elected authorities significant changes in your national legislation so that what has happened with Copper Mesa in Intag will never happen again, not in Intag nor in any other part of the world.”

The TSX is a principal source of global mining financing today and specializes in services for junior mining companies like Copper Mesa. According to the Mining Association of Canada, 55 per cent of the world’s publicly traded mining companies were listed on the TSX at the end of 2008, far more than any other stock exchange. Canadian stock exchanges also provided 31 per cent of the world’s mining equity and handled 81 per cent of financing transactions for the global mining industry between 2004 and 2009.

In Latin America, a prime target for Canadian mining investments, Canadian-listed companies operate roughly 1,400 projects and have been the focal point of widespread protests and human rights abuses throughout the region. Just in the past year, anti-mining activists have been reported killed in Mexico, El Salvador and Guatemala in presumed relation to Canadian projects. In Argentina and Honduras, Canadian operations have led to complaints of water scarcity, contamination and illness. In Peru, a Canadian mining operation has provoked opposition among northern Amazonian peoples who question why a national park intended to protect their territory was reduced by half, giving miners access to pristine forests in headwaters of great importance to them. Alleged human rights violations and abuses by such companies are seldom investigated and almost never brought to justice.

As a result, Canadian mining companies have developed a reputation for human rights violations and environmental devastation that even the United Nations Committee on the Elimination of Racism has complained about. Members of the Canadian Network on Corporate Accountability were also dismayed when the government released a belated response to a series of public recommendations on the Canadian overseas extractive industry in March 2009 that only reaffirmed its commitment to the status quo: voluntary Corporate Social Responsibility guidelines. The government’s position “falls far short of international human rights norms,” said Amnesty International. KAIROS, a faith-based organization advocating for human rights, ecological and ecumenical justice, complained that Canada leaves “mining-affected communities with no recourse.” MiningWatch added that the government’s complaint mechanism “undermines the principle of independent fact-finding.” One survey of Canadian mining companies has also demonstrated that adherence to international standards by our overseas extractive industry is “inordinately” low, especially among junior mining companies.

In other words, voluntary principles are not enough.

Intag, Ecuador, says no

The Ecuadorian community of Intag has a long history of opposition to large-scale copper mining, beginning with the expulsion of a Japanese mining company in the 1990s. In 1997, Bishi Metals left the area when locals balked after obtaining a copy of its environmental impact assessment, which detailed how its projected open-pit mine would cause deforestation, dry up rivers and displace at least four local communities.

Following this victory, Intag continued organizing, aware that although Bishi was gone, the copper remained. Various initiatives were undertaken to demonstrate that Intag could live without mining, including a local conservation organization, an ecotourism project, a women’s committee, a committee of all the rural parishes in the valley, a coffee co-operative, a community newspaper, a local radio station and a community development association.

By the time Copper Mesa acquired mineral rights in Intag in 2004, it was local organizations rather than the technical challenges of working in the remote area that would prove to be its greatest obstacle. As a result of the strong collective response, the company never managed to get a drill in the ground.

According to Polivio Pérez, president of the Community Development Council for the rural parish in which Copper Mesa’s project is situated, “the company came in trying to buy support and divide the communities” in an effort to weaken local resistance. When it could not gain enough support, he continues, “they tried to enter by force.”

Prior to listing the company in 2005, the TSX was warned that violence and human rights abuses could result from facilitating access to capital. Human rights abuses had already been documented by the well-respected Ecumenical Human Rights Commission in Quito (CEDHU), including physical mistreatment, death threats, persecution, slander, false charges against community leaders and intimidation. Such concerns motivated the county mayor to write a letter to the finance and audit committee of the TSX urging them not to list the company. The company’s own prospectus, which the stock exchange requires of companies before they are listed, also indicated “the potential of further escalating violence” given existing problems with its community relations in Intag.

It was no surprise, then, that things heated up once the company was listed and started raising funds.

The worst incident, both Ramírez and Pérez agree, occurred in December 2006 when heavily armed security guards were hired to reach the company’s mineral claims and set up camp.

Villagers blocked the only access road to the potential mining site with a single-link chain and stood guard. A sign posted on a nearby tree read: “Mining companies are prohibited here. We don’t sell our land, we defend it.”

The residents, including men, women and children, refused to let the private security agents pass. But the guards were impervious to their arguments and began to fire their weapons and to spray Ramírez and others at close range with tear gas. Israel Pérez, the third plaintiff in the case and Polivio’s brother, was shot and injured in the leg.

In response, local residents successfully carried out a peaceful citizen’s arrest and the guards were held in a local church for several days until local authorities arrived. “Despite being assaulted with tear gas and bullets,” says Polivio Pérez, “we were able to demonstrate once again the strength of our local organization and our decisiveness [against mining] here.”

The incident was captured on film by two German journalism students and is featured in Malcolm Rogge’s 2008 film Under Rich Earth. Ultimately, government authorities suspended the project and declared that they were unable to process the company’s environmental impact assessment.

Months later, after company directors had been personally informed about the December events and persisting tensions, individuals believed to be linked to the company assaulted and uttered death threats against Polivio Pérez. The statement of claim for the lawsuit alleges that the directors could have done more to avoid further confrontations, such as actually signing and implementing the “Voluntary Principles on Security and Human Rights” that the company publicly purported to respect.

Challenging Canada’s “judicial paradise”


The Toronto-based Klippenstein legal firm, best known for its defence of the Dudley George family against the province of Ontario, is representing the Ecuadorian villagers in their suit against the TSX and Copper Mesa. Their lawsuit, Murray Klippenstein says, seeks “the same level of corporate accountability that is expected in all other areas of Canadian life.” He anticipates a tough battle.

In 1997, the last time a mining company was sued in Canada, the plaintiffs were told to go elsewhere. Twenty-three thousand Guyanese villagers filed a class-action lawsuit against Cambior after the collapse of its tailings dam at the Omai Mine, which polluted their water supply. But the Quebec Superior Court ruled that it was not the best jurisdiction for the case. When the suit was later filed in Guyana, it was dismissed and the plaintiffs were ordered to pay the defendant’s legal costs.

In order to address jurisdictional issues, explains Klippenstein, the Intag lawsuit focuses on decisions that stock exchange and company executives made in Ontario, “rather than on the finger that pulled the trigger in Ecuador.”

This aspect of the legal strategy appears to be working. The Toronto lawyer says that the TSX and Copper Mesa have decided not to challenge the Ontario court jurisdiction. This puts them one step ahead and potentially trims years off the time they might have spent in legal battles before going to trial.

However, it is not just the reticence of Canadian courts to deal with cases of abuse beyond our own borders that this case aims to confront, but also the skittishness of an entire industry to subject itself to legal oversight.

Given the weak reporting requirements for listing on the TSX and the lack of relevant legislation in Canada, author Alain Deneault calls Canada a “judicial paradise” for our overseas mining industry. “Listing on the Toronto Stock Exchange,” writes Deneault, who co-authored an exposé of Canadian mining abuses in Africa entitled Noir Canada, “is a way of seeking shelter in one of the more permissive stock exchanges in the world, while taking advantage of the reputation of the rule of law in Canada – all the while knowing that one is outside of state control and regulation when operating overseas.”

The Toronto Stock Exchange openly markets itself to companies hoping to work in areas with weak governmental institutions and vulnerability to conflict and violence. Its own online promotional materials give the example of the Democratic Republic of Congo as one potential site for which it can help companies raise financing.

In other words, the Intag lawsuit is just the tip of the iceberg. Just as Klippenstein’s legal team will argue that members of Copper Mesa’s board of directors and the TSX had significant prior indications that further violence and human rights abuses could result from listing Copper Mesa Mining, it is highly possible that a plethora of other such cases exist for which this lawsuit could set an important precedent. Coincidentally, the same year that Copper Mesa was listed, La Presse reported that another junior mining company was allegedly implicated in the massacre of about 100 Congolese civilians.

Great expectations


MiningWatch Canada is a coalition of 18 faith, social justice, indigenous and union organizations. Communications and Outreach Coordinator Jamie Kneen told Briarpatch that if the lawsuit succeeds it could really “open the door” for other communities that have been harmed as a result of Canadian mining operations. From the Congo to Papua New Guinea to Guatemala, people who have faced illegal land appropriations, forced relocation, water contamination, threats or even murder could sue.

The lack of suitable mechanisms for addressing such disputes in Canada has also drawn the attention of parliamentarians and legal experts. Recently, Supreme Court Justice Ian Binnie, speaking at the 2008 Canadian Bar Association conference, urged Canada to draw up new legislation that would provide a forum for foreign citizens and companies to have such cases heard. In the spring of 2009, two Members of Parliament initiated attempts at legislative reform by tabling private member’s bills. NDP MP Peter Julian’s Bill C-354 aimed to replicate the U.S. Alien Tort Claims Act, which allows foreign citizens to fight global human rights violations in U.S. courts, while Liberal MP John McKay’s Bill C-300 would make public financing for the extractive industry subject to government oversight. Up against a fierce industry lobby and government opposition, both bills were stalled when Parliament was prorogued.

“It’s not fair,” says Ramírez, “that a foreign company comes onto our land and violates our rights, when all we want is to live in a clean environment and to defend our water and our land.” She hopes, after the procedural battles are over, for a cathartic day in court when “the stock exchange will listen and understand that we’ve been hurt by a company of theirs.”

Ramírez, the other plaintiffs and the legal team will face a tough fight. But the underlying principle of their case is straightforward, says Klippenstein: “You shouldn’t harm somebody and you shouldn’t use your money to hire someone whom you know is likely to do harm” – a golden rule that Canadians would likely agree to in any other circumstances.

However, only time will tell whether Canadian courts are prepared to hear Ramírez’s voice and those of many others calling for a 180-degree turnaround in a sector rife with human rights and environmental abuses.

Ecuadorian natives block highways in protest of Water Law

May 11, 2010
Hundreds of Ecuadorian natives blocked on Monday several highways to protest against the Water Law being discussed at the National Assembly.

President of the Confederation of Indigenous Nationalities of Ecuador (CONAIE) Marlon Santi said the blocking began on Monday in many zones, mainly in the Andean mountain range, the provinces of Azuay, Canar and Tungurahua. The CONAIE, which is one of the most important organizations in the country, said the protest will not end until Tuesday.

However, the government said it will not allow the blocking of highways or any disturbance of the public order.

The police have "the obligation to safeguard the rights of the Ecuadorian people to move around the country with freedom", and if the native groups want to block roads, the police will take measures to stop it, Ecuadorian Interior Minister Gustavo Jalkh said.

Commander-in-Chief of the Police, General Freddy Martinez said the police have the obligation of "avoiding any movement against the people's security" and it will make efforts to maintain the order of the country.

The Ecuadorian natives are worried about the bill that allows the privatization of water resources and gives private companies, mainly the mining ones, a privilege to use the water. They consider it a violation of their ancestral rights on the management of the water.

However, the government has rejected all those accusations.

Source:Xinhua

Ecuador’s Indians Step Up Protests Against Water Overhaul

QUITO – Ecuadorian Indians continued Monday with their protests to stop the approval of a controversial bill they contend would open to the door to privatizing water.

Protesters used sticks, stones and piles of burning tires to mount roadblocks in the highland provinces of Pichincha, Imbabura and Cotopaxi, media outlets said.

Police used tear gas to disperse the demonstrators in the Latacunga zone, public television reported.

Ecuador’s deputy minister of indigenous affairs, Orlando Perez, said Monday that the background behind the protests is to “topple” the center-left government of Rafael Correa, a charge denied by the president of the Confederation of Indigenous Nationalities of Ecuador, or Conaie, Marlon Santi.

Interior Minister Gustavo Jalkh said Monday that the population has the right to demonstrate but he added that blocking roadways is “a crime.”

He emphasized that police dispatched to clear highways would not be carrying guns.

The minister added that the police have the obligation to maintain the right of citizens to travel freely.

Conaie, a powerful organization once allied with Correa, will continue with the protest until congress deals with “the culminating issues” of the bill on water management, Santi said.

He said that over the past eight months the Indians had presented their proposals to the National Assembly so that they might be incorporated into the proposed legislation, but those suggestions had not been included by lawmakers.

However, the chairman of the assembly’s Food Sovereignty Committee, Jaime Abril, emphasized that until Monday the Indian organizations had not presented alternatives to the bill and have insisted that management of the water supply be in the hands of the Intercultural and Plurinational Council.

Abril said the constitution sets forth that the management of water shall be in the hands of the government.

Last Thursday, the country’s most important indigenous organizations called upon their members to radicalize the protests they had been holding since early last week against the congressional debate over the water bill.

Though Correa’s administration insists the bill prohibits privatization of water, opponents say the legislation would give mining companies, bottling firms and other businesses privileged access to the resource.

U.S. Delivers $1.2 Million in Military Gear to Ecuador

QUITO – The U.S. government delivered $1.22 million worth of equipment and gear to the Ecuadorian armed forces to support operations to monitor drug smuggling and guerrilla activity along the country’s border with Colombia.

The U.S. Embassy in Quito said the donation, which was made at the beginning of May, included replacement parts and accessories for tactical vehicles, parts and accessories for boats and tactical equipment like night-vision goggles, GPS systems and bullet-proof vests, among other items.

The equipment is a contribution from the U.S. military assistance program and includes gear for individuals, along with tactical vehicles and contributions to the river patrol program being undertaken by the Ecuadorian military.

“The aim is to support the Ecuadorian military so that they can carry out more effective tactical operations in the jungle against drug traffickers and illegal groups like the FARC (Revolutionary Armed Forces of Colombia),” the U.S. Embassy said in a communique.

The program is one more example of the “excellent cooperation that exists between the militaries of the two countries and of the continuing commitment of the U.S. government to the security and well-being of the Ecuadorian people,” the embassy said.

Colombia is the world’s leading producer of cocaine and the scene of a decades-long internal conflict that has sent tens of thousands of refugees fleeing into Ecuador.

Ecuador Dollar Use Not Threatened by Iran, Borja Says

By Nathan Gill

May 10 (Bloomberg) -- Ecuador’s relationship with Iran doesn’t threaten the country’s use of the dollar as its official currency, Central Bank President Diego Borja said.

Borja, speaking to reporters today in Quito, said he met with representatives of the U.S. Treasury Department, Federal Reserve and International Monetary Fund last month to dispel concerns about Ecuador’s relationship with Iran. Borja was confirmed as central bank president April 5 after serving as interim chief since December.

Ecuador’s central bank, which was stripped of its autonomy in a constitutional referendum in 2008, signed an accord with Iran in December 2008 to increase trade. Iran agreed to give Ecuador $40 million in credit for small- and medium-sized businesses, according to a March 2009 statement on the website of President Rafael Correa. Borja said today Iran never deposited any funds with the Ecuadorean bank.

“It was perfectly clear to the U.S. Treasury that there was no deposit from Iran and therefore there is no underlying problem” that would affect “the normal flow of dollars to the economy,” Borja said.

Borja said some Ecuadorean companies have been affected by the country’s presence on the Financial Action Task Force money- laundering list. Ecuador was put on the list in February and seeks to be removed, he said.

Ecuador: The Debate in the Streets

Written by Jennifer Moore for UpsideDownWorld
Friday, 07 May 2010 09:53
Amidst deep tensions over Ecuador's new water law, currently in its final debate within the National Assembly, campesino farmers in the southern province of Azuay celebrated a moment of victory on Wednesday night. The President of the Provincial Court overturned a preventative prison sentence against five community leaders who had been detained and charged during peaceful road blockades the day before on lack of evidence.

Among a jubilant crowd in front of the city jail, the wife of one of the detained said, “Among so much injustice and criminalization of our struggle, we breathed a bit of justice.” Wife of the President of the Community Water Systems of the province of Azuay, Verónica Cevallos added, “President Correa wanted to send us the message, 'Be quiet, enough already.' ... But instead, our euforia and mission to defend our land and our Pachamama (Mother Earth) have been unleashed.”

This week marked the sixth year in a struggle that communities, such as Victoria del Portete and Tarqui, have been leading against gold mining in their upper watershed. They want mining prohibited in headwaters and related ecosystems, a proposal not adopted in the official water bill.

Between choruses of “The people united will never be defeated,” and “Let's go, dammit! We won't give up, dammit!” the President of the Rural Parish Council of Victoria del Portete, Federico Guzmán – who was also detained and charged with sabotage this week – thanked supporters. He commented that the reason he was jailed was because he was “acting in defence of water so that people in the city can drink safe milk and eat nutritious meat and eggs.” He concluded, “We're not going to back down.”

Protests across the south-central province of Azuay have been taking place concurrently with thousand's-strong indigenous mobilizations in Quito to ensure a serious debate over the water bill and to have indigenous and campesino-backed proposals included. No other law has caused so much upheaval among campesino and indigenous organizations since the small Andean nation's new mining law was passed last year.

Struggling to be heard

“We want the government to listen to us,” a woman yelled, during a futile debate with a group of police officers along a stretch of highway edged with dairy farms just south of the city of Cuenca on Tuesday. Police, who had failed to clear protesters from the road with tear gas, said the communities should hold a march instead. The woman, along with several others, responded in a chorus of groans. They said they had held marches and that they had not brought about results.

A strong voice for historically marginalized campesino and indigenous sectors in water-related decisions is a key issue separating social movements from the official block represented by President Correa's Country Alliance movement. Popular sectors want a greater say at both the local and national level.

Dr. Carlos Pérez, President of the Community Water Systems of the province of Azuay (UNAGUA), participated in the Tuesday protest until he was forcibly detained at about eight in the morning. In an attempt to protect him, his mother, age 79, was dragged along the ground.

Pérez explains that at the local level they want the right to prior consent for communities whose water supplies could be affected by other water uses, such as mining. At the national level they are proposing an Intercultural and Plurinational Committee to become the nation's top water authority.

He says they envision this committee as having diverse membership from different levels of state and civil society. “If power is concentrated in one person,” he says, “it will be this person that has the ultimate say.” This is a situation they want to avoid, particularly given differences here between communities and the state over mining concessions in the upper wetlands, known as páramo.

“If there is a plurinational committee made up of seven people from municipalities, rural parishes, rural water systems and indigenous communities,” he says, “then it won't be one person that decides, but many. And many heads are better than one.”

The structure proposed in the official water bill also includes an Intercultural and Plurinational Committee. However, in the proposed structure, the representative of the National Water Secretariat has a deciding vote. The head of the National Water Secretariat is named by the President of the Republic.

Pérez is also concerned that the proposed water bill will be used “to demobilize communities.” Although not opposed to cooperation with the state or state responsibility to ensure the right to water, he worries that municipal governments or the water secretariat will use any variety of criteria to determine that community water systems “are incapable of managing water supplies” in order “to turn them over to local governments.”

The official water bill proposal does recognize rural community water systems as historic actors in water management in Ecuador. It even calls them a part of national heritage and the country's collective memory. However, it prioritizes coordination at the local level between the National Water Secretariat and local state entities and charges local governments with the role of stepping in to resolve issues with community water systems where deemed necessary.

Pérez's concern about possible interference is particularly comprehensible given both the important role that rural organizations have played in rural water management, as well as given a context of ongoing repression and conflicts between organizations such as his and the state with regard to controversial issues, such as gold mining in sensitive ecosystems and headwaters.

To privatize or not to privatize

Further south along the highway, away from the dairy farming communities of Tarqui and Victoria del Portete, another concentration of men and women make this coastal-highland connection nearly impenetrable until early evening on Tuesday. Protesters report that confrontations took place with police early in the morning. But at mid-day, police officers are snacking on potato chips while a couple of hundred people mill around large rocks scattered across the thoroughfare in Girón.

A representative of the People's Assembly in Defence of Nature, Abel Arpi, talks with the press between taking phone calls. He alleges that the proposed water bill will not effectively address water privatization in Ecuador.

He claims that the water bill lacks mechanisms to redistribute water in the interests of rural communities, such as in Azuay province, where three percent of water concession holders have been shown to control about seventy percent of available water. He also criticizes the water bill for failing to take decisive action against foreign-controlled water delivery services in the city of Guayaquil where thousands lack access to safe water supplies.

“The constitution clearly says that water management should be exclusively public or community-based,” says Arpi. “But now they say that these concessions are going to remain. What kind of redistribution of water is this?”

Father Teodoro Delgado, a local priest who practices what he calls eco-theology, accompanied protests on Tuesday. He echoes Arpi's concerns, saying that he would like to see a mechanism in the law “that would revert all water concessions to the state and to then be democratically redistributed in favour of communities, taking into consideration priorities for water use, first for human consumption, secondly for agriculture, and then for other uses.”

Failing to see “a will for such redistribution,” he concurs with Arpi that the law could sustain the current scenario in which very few water users control most of the country's water resources.

The commission responsible for preparing the report for final debate has challenged such allegations arguing that the proposed law explicitly prohibits privatization of water and ensures that water management will be public or community-based. The proposal additionally indicates that an audit will be carried out of existing water concessions during the coming year to determine which should be reverted to the state in order to ensure the right to water.

However, Assembly Member Jaime Abril who headed the commission that prepared the majority report has made qualified remarks with regard to their decision not to revert privately-held water concessions, such as in the case of Interagua in Guayquil.

Guayaquil's public water corporation has had a contract with former-Bechtel subsidiary, Interagua, since 2001. Three national state institutions have audited this contract, which entailed a $40 million dollar loan from the Inter American Development Bank. The Comptroller General (Contraloría General del Estado) determined that the Ecuadorian population has paid roughly the same amount of money servicing its debt to the IADB as Interagua has gained in capital over the last decade. Furthermore, whereas Ecuador still owes about $27 million dollars on the original loan and Interagua's services have been shown to be severely lacking, the Commission for the Integral Audit of Public Credit determined in 2008 that the debt is “unnecessary, illegitimate and counterproductive with regard to the interests of the citizens of Guayaquil.” Various civil society organizations see the new water law as an opportunity to cancel this contract.

Assembly Member Abril has said, by deciding not to do this that they are still working within the constitutional framework, which permits the state to allow private participation in strategic sectors such as water under exceptional circumstances. They have proposed, however, that the municipality of Guayaquil be given a year to further evaluate the contract and to determine whether or not it is within the city's interests.

Unresolved tensions

The buoyant mood in front of the jail on Wednesday night stood in stark contrast to the dismal feeling among a small group of family members and friends that attended the initial hearing of the five detained community leaders on Tuesday.

The Tuesday proceeding was held in a plain basement courtroom in which cameras were prohibited, the five were quickly pressed with charges for sabotage of public services. The public attorney expressed that she had not had time to gather evidence nor to visit the scene in which police were allegedly injured and transit signs purportedly damaged. However, based solely upon police testimony, she and then the judge determined that the five men should be charged with aggravated sabotage of public services, a crime which carries possible sentences of eight to twelve years in prison. Although the men were then released from their preventative prison sentence on Wednesday, all five face an ongoing legal process.

The People's Ombudsman for the province of Azuay (Defensor del Pueblo), Jorge Luis Hidrovo, was present at both hearings. He was surprised at the “lightness” with which the case was treated by the first judge and called the charges “disproportionate.” He perceives a lack of effort on the part of the government to try to reach consensus with indigenous and campesino sectors, which have constitutional and internationally recognized rights to be properly consulted over legislation that could affect their rights.

Verónica Cevallos is not optimistic that things are going to change in the short term. She anticipates a tough fight ahead and says, “We're going to continue to see serious persecution.”

However, looking beyond any gains they may or may not make with the upcoming passage of the water law, she considers the cheering crowd on Wednesday night in front of the jailhouse following her husband's release and indicates that they are willing to face what might come. “This is beginning of an even stronger fight,” she states looking around, “and this is the best evidence that we're united, albeit as humble campesinos, but for a just cause.