Tuesday, September 30, 2008

The redefined role of Ecuador's military and police under the new Constitution

On Sunday, Ecuadorians went to the polls to vote on the country's 20th Constitution, which has been one of President Rafael Correa's main projects since he was elected two years ago. With 96.26% of the votes counted, the 'yes' vote has 64.04% of the vote and the 'no' 28.01%.

As has been reported widely in the international press, the new Constitution concentrates power in the hands of the President, gives the President the option of running for reelection - for a total of two consecutive four year terms -, permits civil unions of homosexual couples, puts the powers of the Central Bank into the hands of the executive, and, for the first time in the world of constitutions, grants nature an inalienable right to be protected.

What hasn't been reported is how the new constitution will affect the military, the police, civilian control, and sovereignty - topics that are of main interest to Just the Facts. For the next few days, we will outline on this blog how the new Constitution will affect these aspects of security and defense in Ecuador, courtesy of a series published by Ecuador's El Comercio called "With a microscope on the Constitution."

Today, we will start with the military and the police.

Military and Police have the right to vote
(translated from the article "Los uniformados podrán votar")

What does this imply?

The constitutional reform project eliminates the concept of the "Public Force" and clearly defines the functions of the Armed Forces as an entity in defense of sovereignty and territorial integrity. In addition, it defines the authority of the Police as an organism in charge of public order and citizen security. The responsibility to guarantee the legal system of the nation is not included in the new functions of the Armed Forces.

Within political rights, the legislative project determines that the members of the Armed Forces and the Police will have the voluntary right to vote. Nevertheless, it does not signal the control mechanism for order during electoral processes.

Military service will no longer be obligatory under the framework of respect for diversity and rights. Additionally, voluntary recruitment will be accompanied by training programs in different occupational areas.

Those who voluntarily enlist for military service will not be designated for zones of high military risk. In regard to members of the Police, they will have a specialized formation in accordance with human rights. In both cases, a system of merit-based promotions will be established, with criteria for equality and gender.

In application of the principle of legal unity, the police and the military will be judged by the citizen justice system if a crime is committed.

What does this mean?

The institutions of the Armed Forces and the Police will be differentiated, with specific and complementary functions under the framework of respect for democracy and human rights. The legislative project will avoid having the high-command of the military decide what circumstances constitute a threat to the legal integrity of the nation.

The members of the Armed Forces and the Police will have the ability to exercise their political right to a voluntary vote within the electoral process; however, there are restrictions with respect to the possibility of becoming a candidate in a popular election.

Any Ecuadorian citizen will be able to voluntarily enlist for military service. The legislative project prohibits any form of forced recruitment and guarantees the security of the volunteer members, although it does not specify what zones are considered to be of high military risk.

Additionally, the project guarantees the enlistment of both men and women to the Armed Forces and the Police without any type of discrimination.

The Police is defined as an institution to service the community with a focus on crime prevention to guarantee the security of citizens.

If a member of the Armed Forces or the Police commits a crime, he or she will be judged in a court specialized in the subject of military and police and integrated into the judicial system.

The project:

Art. 62. The vote will be accessible to people between 16 and 18 years old, over 65 years old, Ecuadorians who live abroad, members of the Armed Forces and the Police.

Art. 113. Members of the Armed Forces and the National Police who are in active service cannot be candidates for popular election.

Art. 147. It is the power and the right of the President of the Republics to exercise maximum authority over the Armed Forces and the National Police and to designate the members of the High Command of the Military and Police.

Art. 152. Active members of the Armed Forces and the National Police cannot be Ministers of the State.

Art. 158. The Armed Forces and the National Police are institutions that protect the rights, liberties and guarantees of the citizens. The Armed Forces have the fundamental mission to defined the sovereignty and integrity of the territory. Internal protection and the maintenance of public order is the responsibility of the National Police.

Art. 159. The Armed Forces and the National Police will be obedient and follow the chain of command, and will comply with their mission with the strict submission to civil power and to the Constitution.

Art. 160. Those aspiring to a military or police career will not be discriminated against for their enlistment. The law establishes the specific requirements for those cases in which special skills, knowledge or capacity is required. The members will be subjected to a system of merit-based promotion, with criteria for gender equality.

Art. 161. Civil-military service is voluntary. This service will be carried out in the framework of respect for diversity and rights, accompanied by an alternative training . . .

The current law

Art. 27. Popular vote is universal, equal, direct and secret; it is obligatory for those who can read and write, optional for those who are illiterate and for those over 65 years old. Active members of the "Public Force" will not be able to use this right.

Art. 101. Active members of the public force may not be candidates in the popular election.

Art. It is the power and the right of the President of the Republic to exercise the maximum authority over the public force, designate the members of the Miltary High Command . . .

Friday, July 18, 2008

Civil-Military Relations Roundup

Argentina's defense minister, Nilda Garré, and president, Cristina Fernández de Kirchner, at the annual civil-military "comradeship dinner."
  • Argentina: [A possible military pay raise] will be the central point at the traditional military dinner [the annual "comradeship dinner"], in which the entire national cabinet, Supreme Court judges and legislators share tables with the main military commanders. The appearance of the salary question as a fundamental concern at all levels, at a moment of political upheaval [Argentina's agricultural crisis], is taken by the officers as a symbol that the barracks' doors are closed, and have been for many years, to coup-plotting adventures. With no greater crises in view, the dinner's climate will be marked by a possible announcement about salaries."
  • Argentina: "The Minister of Defense ordered the Army High Command to relieve three officers of their command in the V Infantry Brigade (Salta), if it is proven that they tried to destroy a guard logbook in that city's Military Hospital. ... In the hospital was found a guard logbook corresponding to the 1976-1983 military dictatorship period."

  • Bolivia: "The government last night accused the Podemos and UN opposition parties of trying to split the armed forces and seek to pit them against the police, through a Senate committee's investigation of a [dynamite] attack on a communication medium [television station] in Yacuiba. ... They denied that Army Lieutenant Georges Nava, who is detained with 11 other people, is responsible for the deed. ... Yesterday [July 8] information on Nava's flash memory came to light indicating that the [Morales] government has the unconditional support of perhaps only three of the 56 regimental commanders."
  • Brazil: "250 soldiers began to leave [Rio de Janeiro's violent Providencia favela], obeying the order of a federal judicial tribunal that considered soldiers' participation in police functions to be unconstitutional. On Thursday June 26 the Federal Regional Tribunal's deadline for the Army to vacate the area completely will expire. The soldiers' presence to support a project sponsored by a political ally of Brazil's president, Luiz Inácio Lula da Silva, was strongly criticized by the opposition, the press and Providencia's own inhabitants. The neighborhood's residents organized violent protests against the soldiers who had been there, accusing them of abuses of power and of being allies of narcotrafficking gangs.
  • Guatemala: "In his speech, [President Álvaro Colom assured that his government will support itself on 'a new modernized Army to recover diverse geograhic areas of the country' that are under the influence of organized crime gangs."

  • Mexico: "The debacle in Santiago in Sinaloa state, a stronghold of drug traffickers, is one of a series of blunders by Mexican soldiers waging a bloody campaign against narcotics cartels — a crackdown that the U.S. Congress is looking at supporting with up to $1.6 billion. Since President Felipe Calderon took office in December 2006 and sent out 25,000 troops to take on the mafias, soldiers have killed at least 13 unarmed civilians."
  • Peru: "A debate blew up in Peru after the government's decision to send the armed forces into the streets to reinforce security in the face of a July 9 national strike, in the belief that demonstrators opposing President Alan García will commit acts of violence."
  • Venezuela: "Venezuelan military officers have expressed growing alarm at attempts by President Hugo Chávez to turn the armed forces into a political instrument of his socialist revolution."
  • Venezuela: "Hundreds of Venezuelan military officers are no longer assigned duties and have been relegated to their homes, quietly pushed aside for their dissent under President Hugo Chavez, according to former military commanders and a watchdog group."
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