US embassy cable - 05QUITO841

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