Ecuador's Congress swears in 21 alternate lawmakers to achieve quorum amid political crisis

IHT, Mar 20, 2007
QUITO, Ecuador: Ecuador's constitutional crisis took a new twist as alternate lawmakers were escorted into Congress under the cover of darkness and sworn in to replace some of the legislators fired by the country's highest electoral court.

The 21 alternate lawmakers were shuttled to the congressional building before dawn Tuesday as hundreds of national police stood watch, allowing the 100-seat unicameral legislature to begin a session with a quorum of 55 lawmakers for the first time in two weeks.

The crisis deepened in early March when a majority of congressmen voted to oust the president of the Supreme Electoral Tribunal for approving President Rafael Correa's version of an April 15 referendum plan on the need for a new constitution. The tribunal responded by dismissing 57 lawmakers, accusing them of trying to block the referendum.

Correa, a leftist whose party holds no seats in the current Congress, is pushing for a new charter to limit the power of the country's traditional political parties, which he blames for the country's corruption and political instability. Ecuador has had eight presidents in the last decade.

Correa has acknowledged that administration officials met with groups of alternate congressmen to encourage them to take up the posts left by the dismissal of the regular legislators, but it is unclear what affect the alternate lawmakers will have on Correa's influence in Congress. The 21 alternate lawmakers installed Tuesday belonged to the three major opposition parties.

Congress president Jorge Cevallos said the installation of the lawmakers was intended to "overcome the political crisis."

The fired congressmen, however, immediately condemned the alternate congressmen as traitors.

"They have betrayed their political party," Alfonso Harb, an ousted Social Christian lawmaker said, referring to three alternates from his party who took the oath of office. "We don't recognize the legitimacy of today's session."

Although the 21 alternate lawmakers allow for a 51-member quorum in Congress, many congressional decisions need a two-thirds majority — or 67 votes — to pass. That means if the remaining 36 alternate lawmakers are not sworn in, Congress may not be able to pass important legislation.

Cevallos said he hopes to have those alternates installed by next week. If not, he said he will call on the second alternates.

The alternate lawmakers were elected at the same time as the regular congressmen, and are supposedly hand-picked by the lawmakers they stand in for and represent the same political parties.

Alvaro Noboa, the billionaire banana baron defeated in November's presidential election runoff, accused Correa of offering the alternate lawmakers money or other favors to get them to take up their posts in Congress, which the president has called "a sewer of corruption."

Noboa said it was an example of the "the system of the briefcase man" at work, Ecuadorean slang for political bribes.

Correa's administration has denied bribing the alternate lawmakers.

"This is not a good start," Cevallos said of the substitute lawmakers' sneaking into Congress before dawn. "They should come in through the front door. No one has any reason to hide."

Former President Lucio Gutierrez also criticized the alternate congressmen for entering the building with police protection.

"What kind of democracy is this?" said Gutierrez, who was forced from office in April 2005 by Congress amid street protests. "This is a de facto government that intimidates, that persecutes people."

Dozens of angry protesters gathered in front of the congressional building early Tuesday, most in support of an assembly to write a new constitution.

Correa's radical plans spark battle in Ecuador

Duroyan Fertl, 16 March 2007
Green Left Weekly
The small Andean nation of Ecuador is facing a political crisis as the Congress and the courts turn on each other over new president Rafael Correa’s plans for a Constituent Assembly and a “citizens’ revolution” to build “21st century socialism” in the poverty-stricken country.
Correa, a self-described socialist and close ally of Venezuela’s President Hugo Chavez, was elected late last year promising to redirect Ecuador’s oil wealth into social spending, increase popular democracy and limit the power of the traditional political parties. Central to this platform is convoking a popular Constituent Assembly to rewrite Ecuador’s constitution.
In February the 100-member Congress, which is controlled by parties hostile to Correa and his policies, passed a bill allowing a referendum on the assembly after the opposition Patriotic Society Party (PSP) of former president Lucio Gutierrez voted in favour. However there was an immediate dispute over the power that the assembly will have, Correa arguing for a plenary power enabling it to dismiss not only the Congress and courts, but also the president.
While the Congress disagreed, the Supreme Electoral Tribunal (TSE) endorsed Correa’s statements and announced on March 1 that the referendum would be held on April 15. In response, a majority of Congress, including the PSP, voted to sack the president of the TSE. The court immediately fired back, sacking the 57 members of Congress responsible and setting up a police cordon to prevent the sacked members from entering.
The Constitutional Tribunal has refused to rule on an appeal by the fired lawmakers until Congress endorses it. Congress, however, is unable to convene, as it can’t achieve the required quorum of 51 legislators.
On March 13, 20 legislators broke through police lines and entered the Congress before being removed by riot police using tear gas. Correa blamed the ousted members of Congress for the violence, saying, “These people want to create chaos because they know they’re already out”.
The ousted legislators, made up of members of parties with close ties to Ecuador’s financial oligarchy, have threatened to set up a rival congress in Guayaquil, the country’s second major city and base of the right-wing Social Christian Party.
The Constitutional Tribunal has also warned Correa to obey its forthcoming ruling on the validity of the referendum, but Correa disputes the court’s power to rule on the matter, and has threatened to call mass protests to ensure that the assembly goes ahead.
Humberto Cholango from ECUARUNARI, one of the organisations representing Ecuador’s approximately 40% indigenous population, has also called for a massive mobilisation of all the indigenous and social movements of the country to defend the assembly.
If the referendum is successful, it will allow the election of 130 people who will have four months to rewrite the constitution. A recent poll shows that only 17% of Ecuadorians are satisfied with the Congress, which is regarded as corrupt, while over 75% support the Constituent Assembly.

Ecuador Assembly, Tooth and Nail

Quito, Mar 12 (Prensa Latina) Ecuador will host this week national protests in defense of the Constituency Assembly and to stop conservative tactics to reinstate 57 legislators removed from office for obstructing a referendum to give that assemblage full power.

The protests will be held at several cities after President Rafael Correa called on the weekend to start a "peaceful resistance" to contend those opposing the Constituency Assembly.

The conservative parties in Congress are Renovador Institucional, Social Cristiano and Christian Democrat.

Movimiento Popular Democratico (MPD), along workers, students, Indigenous people and members of the government Alianza PAIS, announced protests in Guayaquil, south east the capital.

Cesar Rodriguez, regional coordinator for Alianza PAIS, said the protests start the campaign in favor of the referendum slated for April 15 in demand of an Assembly with full power.

Like Rodriguez, Humberto Cholango, leader of the Confederacion de Nacionalidades Indigenas de la Sierra (Ecuarunari), stressed the need to defend the Assembly to change the future of Ecuador.

Ecuador Set to Hold Popular Referendum

Quito, Mar 1 (Prensa Latina) Ecuador s TSE (Election Supreme Court) decided on Thursday to hold a popular plebiscite on April 15 for the establishment of a National Constituent Assembly with full powers.

TSE President Jorge Acosta pointed out that people would be called on radio and television tonight to participate in the referendum, adding that the TSE is responding to a demand from the Ecuadorian people.

The decision to call a referendum was made after the Economy Ministry transferred 16 million dollars for expenses, and the presidency of the Republic handed over an amended statute of the Constituent Assembly.

Acosta will also announce the Assembly's rules, which will be included on the ballot, which will have only one question: "Do you approve of calling and establishing a National Constituent Assembly to draw up a new Constitution?"

TSE spokespersons said that four out of seven members supported the call for a referendum. They were the representatives of the Democratic Left, Alianza Pais, Roldosista and Patriotic Society parties.

Those against were the right-wing organizations Social Christian and Institutional Renovating parties. The representative of the Democratic Christian Party abstained from voting.

Ecuadorian Constitutional Reform: A Bend or a Break?

Stratfor, Feb 28, 2007
Summary
Ecuadorians are likely to approve an April 15 referendum to revise the constitution. President Rafael Correa aims to use the constitutional reform process to consolidate his power and kick the country's entrenched party elite out of Congress. With a weak judiciary and an unpopular legislature, Correa could become nearly as powerful in Ecuador as Venezuelan President Hugo Chavez has become in his country. However, opposition groups appear to be stronger in Ecuador than in Venezuela, so compromises are more likely. Correa's presidency -- which probably will last longer than most recent Ecuadorian presidencies -- is a boon to Chavez's regional ambitions, but Ecuador is peripheral to the region and the overall effects of its domestic politics will be limited.

Analysis
Ecuadorians will vote in a popular referendum April 15 on whether to create an assembly for constitutional reform. Since constitutional reform was one of President Rafael Correa's central campaign promises when he was elected in the November 2006 runoff, the referendum is likely to have enough public support to pass.

Ecuador seems to have caught the constitutional reform fever spreading in Latin American countries within Venezuelan President Hugo Chavez's sphere of influence. Venezuela, Ecuador and Bolivia are all taking steps to amend their constitutions, and Nicaragua might join in. In each country, the rationale for reform is that the current structure favors the elite and foreign business interests at the expense of the general population. Meanwhile, in the grip of populist socialist ideology and charismatic leadership, these countries are edging toward increasingly authoritarian regimes. Though Bolivia and Ecuador broadly support Chavez's regional ambitions, they are much less likely to succumb to a concentration of unchecked power.

Concerns that Correa wishes to expand executive power at the expense of the judiciary and legislature are not mere right-wing paranoia. The judicial and legislative branches in Ecuador have become so discredited that the idea of reform without their constraint is very popular. Judicial appointment processes have deviated from the law that authorizes them, and competing judges are issuing more frequent conflicting rulings. Furthermore, according to a Feb. 15 Cedatos/Gallup poll, Correa's approval rating is just above 70 percent, while Congress, opposition groups' main vehicle for action, is polling at 8 percent. Though Ecuador most likely will bend toward Bolivarianism under Correa's leadership, it is possible that the president will override Congress and undertake a more dramatic break with Ecuador's current governmental structure and political elite.

Correa wanted Ecuador's referendum to take place sooner -- March 18 -- and for the resultant constitutional assembly to have unlimited powers, including the power to dismiss current members of Congress. Unsurprisingly, Congress denied the assembly such powers in the same vote that set the referendum for April 15. The 100-member body voted 57-1 (most of the opposition walked out of the vote in protest of the constitutionality of the proposed assembly), indicating that though almost 60 percent of Congress supports Correa, even that portion does not fully support him. Signaling that he does not intend to be deterred by a deliberative body that requires compromise, Correa threatened Feb. 17 to resign if his agenda does not receive support from at least 70 percent of the constitutional assembly. This is likely a bluff, however, and Congress apparently aims to drive a hard bargain. On Feb. 26, a coalition of congressmen from the National Action Institutional Renewal Party, Patriotic Society Party (PSP), Social Christian Party and Christian Democratic Union announced its intent to further restrict the powers of a constituent assembly. Though confirming a new attorney general, these legislators made statements to the effect that any decisions related to altering Ecuador's companies law, judicial appointments or the formation of assemblies must be brought before the legislature for debate and a vote.

Correa has not announced many details regarding the modifications he proposes, but he has an easy case to make for reforming some aspects of the constitution. Ecuador is hardly a model of effective checks and balances; the most obvious structural problem is that the Supreme Court's members are elected by the Supreme Court itself (though this did not prevent Congress from appointing an entirely new court in 2004). Also, presidents cannot serve two consecutive terms (although this has hardly been an issue lately, considering Ecuador has had eight presidents since 2006). Ecuador also has a unicameral legislature; though this is not necessarily bad in and of itself, it can exacerbate abuses of power and is an easier scapegoat for executive complaints than a bicameral legislature.

If Correa's objective were only to improve the structure of the government, it might be welcome. But his rhetoric suggests that his fundamental objective is to remove a semi-entrenched political class (the "Party-ocracy," as he calls it) from power, inevitably expanding his own power in the process. This players-based approach is an alarming motivation for legal reform, and even more so for constitutional reform.

As long as Congress is not disbanded and the press is not curtailed, Ecuador is not on the brink of becoming another Venezuela. For example, Venezuela's legislature voted Jan. 31 to give Chavez total special powers; in contrast, Ecuador's legislature denied granting similar powers to a constitutional assembly -- and that was the part of the legislature that supports Correa's general direction. Furthermore, in March 2005 Venezuela reformed its criminal code to increase penalties for "insulting" public authorities and institutions; Ecuador has not yet attempted any such infringement upon freedom of the press, and there are no indications that such moves are on the horizon.

Correa needs to navigate between a system badly in need of reform, a public primed for change, deeply concerned business interests and the temptation to push the limits of power consolidation. Indigenous groups such as Confederation of Indigenous Nationalities of Ecuador, as well as former President Lucio Gutierrez, leader of the PSP, support constitutional reform. PSP is not monolithically behind Correa, however, and many of its members have voiced concerns that Chavez might rule Ecuador through Correa as a proxy.

This is similar to accusations leveled against Bolivian President Evo Morales. Correa and Morales both have good reason to distance themselves from perceptions of being Venezuelan puppets; but such perceptions do not play well domestically, and burning bridges with leaders other than Chavez could prove dangerous if Chavez cannot be Morales and Correa's eternal patron. And with oil prices falling and Venezuela's hostility to foreign investors impeding expanded oil production, Venezuela increasingly will have to use its cash to solve problems at home rather than renting friends abroad.

Constitutional reform is a dangerous moment for Ecuadorian politics. However, the country's still-vigorous opposition and free press, plus the fact that Correa does not seem to have the same appetite for alienating the United States as Chavez, will make it difficult for power in Ecuador to fall into one man's hands. If Correa chooses to play hardball, however, the deck is stacked in his favor; the judiciary is weak, Congress is unpopular and public sentiment is behind him.

Whatever the outcome of the constitutional reforms, it appears that, geopolitically, Chavez has secured an ally -- and U.S. ally Colombia is flanked on both sides by a reinvigorated Bolivarian revolution. This could particularly concern Colombia since border tensions with Ecuador have escalated over the past few months -- including Ecuador's decision to open a new port authority on the border, and Ecuadorian threats to have its air force escort Colombian crop-dusting planes to the ground if they get too close.

Correa will take steps from time to time to assert his independence from Chavez, but Chavez clearly inspires him, and the two leaders are unlikely to disagree on major regional policy initiatives. Nonetheless, Ecuador does not hold a geographically central position on the continent like Bolivia, nor is it an economic force to be reckoned with like Brazil. Ecuador's momentum will help keep Chavez's regional ambitions alive, but it will not be a major player in the region.