Over the past decade, Ecuadoran politicians have become
notorious for disregarding rules. Well-meaning when elected, they
soon turn into creatures of the corrupt political establishment.
When reformers replace them and repeat their mistakes, the cycle
continues. In years past, the United States could have helped
Ecuador enhance the rule of law to keep impunity in check. Now we
are starting over with new leaders and agendas. Ecuador's
instability is a cautionary tale that shows why the United States
must focus on democratic principles and sound institutions.
Ecuador's latest casualty is former president Lucio Gutierrez,
fired by a simple majority of legislators on April 20 after
dismissing two supreme courts in a row. Opponents claimed he
abandoned his office by breaking the law, allowing congress to
remove him without an impeachment trial or public debate.
No one should feel sorry for Gutierrez. He had plenty of bad
examples. In 1996, he served as military aide to president
Adbalá Bucarám, known as El Loco (The Madman), who
complained of thieving oligarchs and then put cronies into
government who allegedly robbed the treasury. When he tried to
impose austerity measures, lawmakers kicked him out.
As an army colonel, Gutierrez joined labor leaders and clannish
special interest groups in ousting President Jamil Mahuad, who was
trying to dollarize the economy. Mahuad's vice president and
successor Gustavo Noboa dollarized it anyway, to stem rampant
inflation, before his own administration ended in a bond
scandal.
In 2002, voters elected a contrite Gutierrez. He surrounded
himself with competent advisers and, helped by high oil prices,
kept the economy growing with fiscal restraint. He assured foreign
leaders he would not follow the populist example of Venezuelan
strongman Hugo Chávez. But his leftist base abandoned him
and opponents blocked his agenda. So he replied in-kind with
increasingly arbitrary decisions.
In November 2004, when lawmakers tried to impeach Gutierrez,
Bucarám loyalists helped rescue him. Repaying the favor, he
called on his new congressional majority to fire the Supreme Court
just as judges were reviewing charges against the exiled leader.
However, legislators cannot vote out judges directly, and only the
court can name its successors.
In March, the new bench annulled corruption charges against
presidents Bucarám and Noboa. Returning from exile,
Bucarám told supporters he would run again for president and
lead "a great Bolivarian revolution," like President Chávez
in Venezuela. When Ecuadorans heard that, many took to the streets
in protest. Gutierrez declared a state of emergency and dissolved
the new tribunal.As protests intensified, lawmakers voted 60 to 2
to remove President Gutierrez, marking the third time since
Bucarám that an elected head-of-state has been thrown
out.
Complicating matters, 52 lawmakers "abandoned" the constitution
back in December by helping Gutierrez dismiss the first supreme
court. Then, there is the problem of the current supreme court-or
lack of one. Congress fired the pre-existing tribunal, and
Gutierrez dismissed its successor. It is unlikely that the interim
government of former vice president Alfredo Palacio can calm these
waters without the substantial involvement of outside organizations
like the Organization of American States.
To get back on firm ground, Ecuadoran politicians must curb
impunity and open government to broader public participation. Dr.
Edgar Terán, who runs a local foundation called Toward
Security and the Rule of Law, says the congress must simplify
Ecuador's legal codes and throw out thousands of contradictory
"junk" laws that facilitate corruption through arbitrary
interpretation. It should amend constitutional articles to impose
checks and balances on judicial nominations and place limits on
presidential removals to insure due deliberation.
Because government belongs to the people, he says, laws should
permit open primary elections so that anyone can run for office,
not just friends of party leaders-or "party owners," as they are
sometimes called. A national leadership school might help
candidates understand how government is supposed to work before
landing in office.
And while the United States did a good job encouraging Gutierrez
to back free trade, abstain from joining the International Criminal
Court (ICC), and consent to U.S. use of Ecuadoran military
facilities for drug interdiction, promoting responsible governance
and effective institutions was a secondary goal. Now, some new
cabinet ministers say Ecuador should back out of prior
commitments.
Time is limited. Leftist parties want to distance Ecuador from
the United States. Colombia's FARC guerrillas are present in
northern Sucumbíos province. Ecuador's security forces need
more professional training. Venezuela's Hugo Chávez has
activists building support for his populist agenda there. Some
businessmen, aligned with local bankers, want to roll back
dollarization so they can be the only ones to have bank accounts in
a stable currency.
The United States cannot step back from engagement, but neither
can it rely on a new set of reformers to save the day. Instead, it
must boost support for democratic principles and sound institutions
that will serve ordinary citizens, not Ecuador's contentious
political elites.
Stephen Johnson
is Senior Policy Analyst for Latin America in the Douglas and Sarah
Allison Center for Foreign Policy of the Kathryn and Shelby Cullom
Davis Institute for International Studies at The Heritage
Foundation.