Political upheaval in Ecuador: la muerte cruzada

(Warning, this a political junkie type of post. . . .)

President Guillermo Lasso (photo credit: El Pais)

Ecuador made the international news this week, when unpopular President Guillermo Lasso announced that he was dissolving the National Assembly, thereby ending the impeachment trial against him that had begun the day before, while also dismissing every member of Congress from their elected posts. Effective immediately. Lasso, a conservative banker elected in 2021, was accused by the liberal Assembly of being part of an embezzlement scheme involving a state-run oil transport company. Lasso denies the accusations, insisting that all current oil transport contracts were signed under the previous president's administration.

In a country where presidents are regularly ousted -- Ecuador had seven presidents between 1995 and 2007 -- and street protests are common -- there was a three-week long nationwide strike last June that almost prevented our arrival-- there has been relative quiet here since Lasso's big announcement. At least in the streets. 

Why? Why are people so placid? Are Ecuadorians happy with this turn of events? 

It seems maybe so. 

The interesting part of Lasso's action is that he disbanded the National Congress by enacting a unique clause of the Ecuadorian Constitution, nicknamed the "crossed death", which has never before been activated. The muerte cruzada was written into the new Constitution in 2008 to prevent "prolonged periods of political paralysis". The clause allows the President to dissolve Congress "in times of serious political crisis and/or internal commotion" but it also requires the President himself to resign. Hence, the cross -- both executive and legislative branches -- are forced to step down.

Can you imagine this ever happening in the United States? Obviously, it is not a part of our legal framework, and so could not come to pass, but can you conceptualize the idea of such an event occurring in our federal government: a sitting president removing both him/herself and the entire US Congress in one fell swoop?

Interestingly, in December 2022, neighboring Peruvian President, Pedro Castillo, tried to make a similar move with an order to dissolve the Peruvian Congress in response to his impeachment. In that case, the Peruvian Congress rejected his decree and voted to replace him with the Vice President. He was quickly arrested and remains jailed. Violent protests occurred in the wake of these power struggles, and for a time Peru was undeniably unstable with street protests: cities were paralyzed, airports shut down, and even world-famous tourist mecca, Machu Picchu, was closed for several weeks.  (Of note, the Peruvian Constitution does not have a crossed death clause).

Seems chaotic. But perhaps, not really. Maybe, in fact, it is a good thing. At least for now. For Ecuador.

Things have been tenuous since conservative banker Lasso (as he is oft described) was unexpectedly elected to the presidency in 2021 in a contentious run-off -- he only won by a slight majority (52.4%) because of a divided left. Since taking office, he has repeatedly clashed with the left-leaning Congress, particularly on issues of privatization of the public sector, including health care and water systems. Ever since the strikes last June, leaders from around Ecuador, including the powerful indigenous coalition CONAIE, have called on him to resign. 

Seems like everyone's wish is coming true. Maybe that is why everyone is so happy.
 
The crossed death clause, once enacted, allows the President to rule by decree on limited issues only for up to six months -- administrative and economic matters  -- and only with the express oversight of the Ecuadorian High Court. In addition, the National Electoral Council  is required within seven days to call a special election that must take place within 90 days to elect both a new Congress and a new President. The first round of elections, which are obligatory for all healthy adults, have been announced for August 20, 2023. If there is no majority candidate, a runoff election will occur in October of 2023. Winners will serve out only the remaining terms, that is through May 2025.  Then, another (regular) national election will occur. 

According to the Constitution, Lasso can choose to run in the special election, but he has already announced that he will not be running or endorsing any candidate.  I am guessing he is just over it. This is not a fun time to be a leader; add in some recent serious health problems (melanoma of his eyelid) and perhaps he simply wants to go play with his grand kids and boogie board in the warm waters Pacific Ocean. That does sound nice. 

Ecuador's Supreme Court denied an urgent appeal by a group of current Congress members, who were arguing that enacting the crossed death clause was unconstitutional because there is currently no "political crisis" or "internal commotion" in Ecuador. They also argued Lasso was enacting the clause to prevent his own impeachment. The Supreme Court ruled that the language was left intentionally vague, and that it is not within their jurisdiction to interpret the meaning of "internal commotion." Lasso's decree stands.

Ecuador's top military general and the leader of the nation's police force have declared their support for President Lasso, in as much as he is still in charge as President. (It is important to note that they did not endorse him politically; they are simply honoring his current position as Commander in Chief). As such, they are obligated to enforce his rule, and they have physically locked the Assembly members out of their Quito meeting chambers and offices.

It is all super interesting. And not.

Daily life in the campo (and in our nearby sleepy city, La Mana) goes on as usual, with very little talk of current events. People are mostly super upset over the recent super local election results. I have overheard some more politically engaged folks debating the Constitutionality of the decree, others interested in who has declared for which candidacy,  still others continue to engage in the decades-long debate about whether or not former president, leftist Rafael Correa is plotting to to return to Ecuador and take over asap.

Controversial Correa, the only modern Ecuadorian president elected to serve more than a single term (he served 2007-2017) is a complex figure. His name, legacy, and socialist platform (known colloquially as Correismo) is constantly being invoked in Ecuadorian politics. In addition to being the mastermind behind la muerte cruzada, he inspired countless public work projects while in office; unfortunately he also  made some dirty deals with transnational petroleum companies and has a huge (narcissistic?) ego. In 2020, he was found guilty in absentia  by the Ecuadorian high courts for corruption charges related to accepting billions of dollars in bribes for his campaigns. He has an outstanding sentence to serve eight years in Ecuadorian prison. He currently lives in exile in Belgium.

When Lasso made his announcement, Correa immediately tweeted that he was acting irresponsibly, that he was acting "like a DICTATOR", and that enacting the clause under these circumstances was crazy. Correa has stated repeatedly that he wants to return to Ecuador, but he denies any desire to return to power. Some people reasonably worry that he is a socialist strongman, waiting in the wings for his chance to take over Ecuador.

Some pundits and politicians have called Lasso's action a "nuclear act"--  by effectively blowing up the entire federal government, save for the Supreme Court, Lasso has unfairly taken away the rights of elected Assembly members to do their jobs. They feel that this undermines the democratic process and implies too much presidential power.

And yet. . . others are breathing a collective sigh of relief. Lasso is essentially resigning; this is what many, many people wanted. Plus, the announcement of special elections reduces the possibility of another round of disruptive national strikes. Now, leaders can focus on their campaigns for presidency as well as for vacant Assembly seats, and voters can make their wishes known in the ballot box. 

And so goes democracy, right? 

Gosh, I sure hope so. For Ecuador's sake.

Lucky us, we will be out of the country before the special election campaign season really gets revved up (I will not miss the propaganda or the amplified sound). But I sure hope this next round of elections brings a more inspiring leader who can find a way to unite folks and lead my beloved Ecuador toward continued progress. Si se puede!

Ecuadorian military guards outside the National Assembly building, preventing entrance of any members of Congress (photo credit: El Pais)




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