ECUADOR: CONSTITUENT ASSEMBLY PICKS UP THE PACE

C O N F I D E N T I A L QUITO 000402

SIPDIS

E.O. 12958: DECL: 05/04/2018
TAGS: PGOV ELAB MARR PTER ECON EC
SUBJECT: ECUADOR: CONSTITUENT ASSEMBLY PICKS UP THE PACE

REF: A) QUITO 223 B) QUITO 327 C) QUITO 324 D) QUITO
365

Classified By: Deputy Chief of Mission Jefferson Brown for reasons 1.4
(b) and (d)


1. (SBU) Summary: During the last month, the Constituent
Assembly managed to approve its first 17 constitutional
articles, as well as a committee report on Colombia-Ecuador
tensions and the alleged U.S. role in the March 1 attack.
While President Correa,s Proud and Sovereign Fatherland
movement (PAIS) showed the first real signs of internal
divisions within the Assembly, Correa's frequent trips to
meet with PAIS Assembly members have kept relative order
among the ranks. At the same time, the Correa administration
is already campaigning for the upcoming constitutional
referendum and the subsequent elections. End summary.


2. (SBU) With a hectic schedule that includes more weekly
sessions of the Assembly's plenary, Assembly President
Alberto Acosta (PAIS) plans to meet the July 28 deadline for
the production of a draft constitution, mandated by the
Constituent Assembly statute, but has recognized that earlier
completion is impossible. During its fifth month (March 29 -
April 28),Assembly members managed to approve 17 articles
for the draft constitution: five on territorial sovereignty,
two on fundamental rights, and ten on electoral processes.
45 articles underwent a first plenary debate and 28 await
plenary consideration. Assembly members have now approved
two laws, seven mandates, and amnesties and pardons.

NEW AND IMPROVED ELECTORAL SYSTEM


3. (SBU) The constitutional articles on electoral processes
create two institutions - replacing the current Supreme
Electoral Tribunal. The National Electoral Council will be
in charge of administering and organizing elections and
developing regulations for electoral processes, while the
Electoral Appeals Tribunal will resolve electoral disputes,
determine the amount of sanctions, and apply sanctions.


4. (SBU) The need to reform the party quota-based mechanism
for the selection of electoral authorities was a point of
agreement between political forces across the ideological
spectrum. The approved constitutional texts determine that
the members of both agencies will be publicly selected on
merit-based criteria, with gender equality guaranteed. The
commission in charge of selecting members to both agencies
will be chosen by lottery from all branches of the government
and qualified private citizens.

AND JUSTICE FOR ALL


5. (SBU) The approved constitutional articles on fundamental
rights establish a set of principles for the application and
interpretation of the basic rights of peoples and persons.
They include language on equality and non-discrimination.
Most notably, the article cites the principle of state
responsibility, which establishes that state institutions are
obliged to repair the damages to fundamental rights caused by
the lack or the poor provision of services. The text also
recognizes nature as having "rights." Additionally, the
Constituent Assembly approved an open clause, which
establishes that the recognition of the rights and guarantees
established in the constitution and other international
instruments does not preclude the guarantee of other
fundamental rights not specifically mentioned.


6. (SBU) Other articles on fundamental rights were more
problematic and have yet to be approved, although PAIS
arrived at internal consensus. PAIS, unity was challenged
when PAIS assembly members Rossana Queirolo and Diana Acosta
separated from the official bloc over questions like
abortion, gay marriage, and references to God in the
constitution, delaying the approval of all articles on
fundamental rights.

THIS LAND IS OUR LAND, IT IS NOT YOUR LAND


7. (SBU) The constitutional articles approved on territorial
sovereignty establish the territorial limits, the capital,
and the inviolability of Ecuadorian territory. Assembly
members claimed that all non-renewable natural resources are
initially state property. Foreign military bases or
facilities with military purposes are forbidden, as well as
the possibility to cede national military bases to foreign
armed or security forces (Ref A).

AND THE WORK GOES ON


8. (SBU) The Assembly is currently working on three laws,
four amnesties, more pardons, and the controversial mandates
on labor reform, including third-party contracts (Ref C) and
the judicial lottery for trials of those involved with
banking scandals, which have languished the last eight years.
In total, 258 articles are ready for consideration.

SOVEREIGNTY AND THE FARC


9. (C) On April 28, the plenary discussed the sovereignty
committee's follow-up majority report on the Assembly,s
March 4 declaration condemning Colombia's bombing of a FARC
camp on Ecuadorian soil. The document was signed by the 8
PAIS members of the committee, as led by Maria Augusta Calle
- herself embroiled in controversy based on publicly aired
alleged links to the FARC. In the plenary, Patriotic Society
Party (PSP) Assembly members were the report's most vocal
detractors, arguing that the report failed to investigate and
clarify rumored links by GOE and or PAIS members to the FARC.


10. (C) In addition to providing an account of the events
surrounding the bombing, the report refers to issues
affecting U.S. interests (the U.S. is mentioned at least a
dozen times). The report specifically mentions the need for
Ecuador to move away from policies designed specifically to
support USG security needs. Furthermore, it criticizes Plan
Colombia on the basis of alleged negative results, mentioning
the pending lawsuit against DYNCORP. It emphasizes the role
of USG assistance in the "militarization" of Colombia, states
that the Manta FOL "subordinates Ecuador,s best interests to
the strategic needs derived from Plan Colombia" and that the
Government of Colombia is continuously attempting to drag
Ecuador into its armed conflict.


11. (C) The Assembly members who signed the report stated
that, given their suspicions that it was &very possible that
U.S. intelligence supported the Colombian raid, the Manta FOL
should be audited as soon as possible. They also supported
the government's decision to create a military-civilian
commission to investigate the CIA's alleged involvement in
Ecuadorian domestic issues (Ref B). On April 29, Popular
Democratic Movement (MPD) assembly member Abel Avila reported
on his Assembly web-blog that his bloc had presented a
proposal for a mandate to terminate the Manta FOL lease
immediately. Finally, the report gives the oft-maligned
Ecuadorian Ministry of Foreign Affairs a morale-boost by
praising their tireless efforts to resolve the tension.


12. (C) The PAIS bloc rejected the proposal of the opposition
to create a commission to investigate potential links of GOE
officials with the FARC. PSP assembly members Gilmar
Gutierrez and Fausto Lupera traveled privately to Colombia
and the United States to investigate the issue. On April 29,
the Popular Democratic Movement (MPD) filed an official
complaint against them with the Attorney General's Office,
accusing them of treason. Sovereignty committee chair Calle
was prominent among other Assembly members making the same
charge.

OTHER BUSINESS


13. (SBU) The Assembly also passed measures in two key
economic areas. The law on petroleum reserve funds (Ref C)
closed the petroleum reserve funds and moved that financing
on to the regular budget. A separate measure which canceled
or suspended most mining concessions was also approved after
it had been dormant for more than six months (Ref D). Its
revival, particularly the six-month suspension of several
lucrative concessions, was a surprise, since Correa had been
arguing for the need to proceed with mining, and its passage
reinforced that on certain environmentally-charged topics,
Correa is forced to accommodate the environmental wing of his
political movement, led by Assembly President Alberto Acosta.

PAIS ALREADY CAMPAIGNING


14. (SBU) On April 17, President Correa and Coordinating
Minister for Politics Ricardo Patino (PAIS) met with 120
Mayors at the presidential palace to seek their support for
the regime. One mayor told USAID that they were invited
without disclosing the purpose of the meeting. It was widely
speculated that the group's support was given with the
expectation that PAIS will back their reelection. Patino is
expected to be in charge of the process which will determine
future candidates for electoral offices under the new
constitution.


15. (SBU) Since the latest restructuring that placed
Secretary of Administration and PAIS marketing expert Vinicio
Alvarado at center stage in Correa's government, it has
stepped up its activities aimed at shaping public opinion in
preparation for the elections. The Saturday radio program
"Talking to the President" - which has increasingly become a
monologue about the government's achievements - is broadcast
by 27 radio stations, two real-time web sites and the public
TV channel.


16. (SBU) The government's propaganda has appeared during
prime time though different media (radio, TV, etc.) Based on
data provided by Infomedia, a weekly magazine reported on
April 29 that the government spent $7.9 million on publicity
last year. There have been allegations that Secretary
Alvarado is a shareholder of the private public relations
companies hired by the government. In a moved apparently
aimed at facilitating official propaganda, Correa signed
April 23 a decree which states that public transmissions paid
for by the public sector to promote its actions or programs
are not considered commercial publicity.


17. (SBU) The government's communications strategy appears to
be working. A Cedatos opinion survey released on April 2
showed a 66 percent approval rating for President Correa.
Though down from the 80 per cent approval rating for
Correa,s stance against Colombia registered on March 3, the
poll demonstrates that Correa remains far more popular than
the Constituent Assembly, which received a credibility rating
of only 32 percent

COMMENT


18. (C) While controversial topics continue to test PAIS
party discipline, especially social issues such as abortion
and gay union, President Correa has managed to maintain his
Assembly majority with frequent trips to meet with the
government bloc, generating consensus among PAIS Assembly
members. The regime's attention appears to be divided
between pushing for faster adoption of constitutional
language in the Constituent Assembly and gathering support
for the referendum which will follow. PAIS, recent
willingness to reach out to other parties in the Assembly,
namely Pachakutick, MPD and the Democratic Left (ID),
demonstrates that Correa may already be trying to build a
bigger political tent in advance of the next round of
elections. As for the various calls for investigations into
aspects of Ecuadorian security policy, U.S. links, and the
like, the Embassy has received no official communications
about any such moves and it remains unclear what, if
anything, may actually be formalized and launched.


Jewell