US embassy cable - 05QUITO417

UNCLAS QUITO 000417 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, EC 
SUBJECT: PROTEST MARCH SPURS DIALOGUE ON COURT ISSUE 
 
REF: QUITO 390 
 
1.  (SBU) The peaceful February 16 protest march (reftel) has 
spurred new debate over whether to reverse Congress' packing 
of the judiciary in December, and has prompted alternative 
proposals to resolve the festering court controversy. 
Protest groups led by Quito mayor Paco Moncayo have announced 
they will send a list of demands/proposals to President 
Gutierrez and Congress shortly.  GOE sources have indicated 
willingness to consider adding elements of this proposal to 
the president's referendum proposal, currently pending before 
Congress.  Congressional opinion on the proposal remains 
divided, but there are already indications that dialogue has 
indeed begun across the aisles.  We will continue to 
encourage dialogue and compromise to strengthen democratic 
institutions.  End Summary. 
 
2.  (U) The Assembly of Quito, an ad-hoc group composed of 
municipal, civil society, and opposition political party 
representatives, which was formed to coordinate the February 
16 protest march, is reportedly finalizing a manifesto to 
demand change in the courts.  Quito mayor Moncayo described 
the demands during his address in San Francisco square, at 
the culmination of the protest:  1) congressional action to 
rescind its previous resolutions naming a new Supreme Court, 
Constitutional Court and Supreme Electoral Tribunal; 2) 
resignation of the deposed courts; 3) passage of a new law 
appointing a special ethical commission to nominate new 
justices, composed of civil society representatives; and 4) 
the naming of a new, politically-neutral court. 
 
3.  (SBU) After it became apparent that the protest march 
numbers would exceed expectations, GOE insiders privately 
indicated that President Gutierrez would seek dialogue with 
the opposition.  Presidential Advisor Carlos Polit has since 
publicly expressed willingness to consider modifications to 
the President's pending referendum proposal, to permit 
citizens to choose between the president's proposed way 
forward (new electoral colleges composed of different civil 
society groups) and the Assembly's proposal.  Press are 
already reporting signs of division (principally among 
independent members) within the pro-government congressional 
alliance on how to react to the opposition's proposals, which 
have not been formally received. 
 
Comment 
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4.  (SBU)  We expect this issue to play out over at least the 
next several weeks, and discount the possibility of the 
congressional majority reversing itself in the near term. 
The GOE's willingness to dialogue is limited by its working 
alliance with the PRIAN, whose leader Alvaro Noboa has shown 
no flexibility on changing the status quo in newly-occupied 
judicial institutions.  We will continue to urge dialogue and 
compromise to achieve democratic strengthening. 
Chacon