Identifier
Created
Classification
Origin
05QUITO841
2005-04-16 21:20:00
UNCLASSIFIED
Embassy Quito
Cable title:  

ECUADOR: STATE OF EMERGENCY PRECEDENTS

Tags:  PGOV PREL EC 
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UNCLAS QUITO 000841 

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL EC
SUBJECT: ECUADOR: STATE OF EMERGENCY PRECEDENTS

REF: QUITO 794

UNCLAS QUITO 000841

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL EC
SUBJECT: ECUADOR: STATE OF EMERGENCY PRECEDENTS

REF: QUITO 794


1. Summary: While President Gutierrez' recent declaration
of a state of emergency has shocked some, it is not
unprecedented. Since the return of democracy in 1979, over
60 state of emergencies have been declared for varying
reasons, primarily in response to natural disasters.
However, this is the first time the current President has
made a state of emergency declaration. End Summary.

Constitution Includes State of Emergency Authority
-------------- --------------


2. The ability to suspend certain rights under a state of
emergency, as defined in the Constitution, has existed since
1979 when Ecuador returned to democracy. Since 1998, the
Constitution has specifically included the use of police and
mobilization as within a President's abilities during a state
of emergency. Before 1998, all Constitutional rights could
be suspended with the exception of life and integrity. There
was also no set maximum duration for a state of emergency.
Currently, the rights which can be suspended are specifically
identified and the measure's duration is set at 60 days
(reftel).

Presidency Announces Precedents
--------------


3. In an attempt to reduce public reaction, the presidency
on February 15 posted on its website a document accompanying
the state of emergency declaration claiming that states of
emergency are a mechanism used by "all governments." (All
Presidents serving since the return of democracy in 1979 have
in fact used the mechanism.) The website states that, during
his presidency, Leon Febres Cordero called for a state of
emergency 12 times; ex-President Rodrigo Borja used the
measure four times; Sixto Duran Ballen 12 times (during two,
use of police was invoked) and Bucaram three (one of these
included mobilization and one use of the police). Jaime
Roldos and Osvaldo Hurtado declared state of emergencies
three times each.

HR Organization Studies Previous Declarations
--------------


4. According to a study by Ecuadorian human rights
organization INREDH, between 1979 and 1999, 63 state of
emergencies were declared. (In 33 other cases from 1924 to
1999, exceptional measures such as a mobilization decree, use
of police force, declaration of a zone of security, granting
of extraordinary powers ("otorgamiento de facultades
extraordinarias"),and other dispositions have been issued
for a total of 96 extraordinary measures declared.) No state
of emergency occurred before the return to democracy. Before
1979, there were no Constitutional provisions for this and
instead a granting of extraordinary powers was invoked by the
Congress or State Councils.


5. Of the 96 extraordinary measures invoked between 1924 and
1999, 13 were a result of internal unrest, six for public
order, six to fight delinquency, 41 for natural disasters,
seven for external aggression, and 23 for other reasons.
Only 41 of the 96 declarations of extraordinary measures were
nationwide.

Recent Declarations
--------------


6. In February 1997, Bucaram declared a state of emergency
during his last days in office after having been dismissed by
Congress for "mental incompetence." At the time three
officials, Bucaram, President of Congress Fabian Alarcon, and
Vice President Rosalia Arteaga were claiming the presidency.
In 1999, Mahuad declared a state of emergency in response to
a general strike protesting economic austerity measures.
Mahuad also declared an emergency bank holiday preventing
Ecuadorians from withdrawing their savings. In 2001, Gustavo
Noboa declared a state of emergency when faced with growing
protests from indigenous. In 2002, Noboa called for a state
of emergency in Sucumbios province, due to its proximity to
the worsening Colombian conflict.
KENNEY