Judicial Independence as Conflict Prevention and Resolution
The Recent Case of Ecuador’s High Court
By Angela Kane
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Political interference in judicial systems has become a source of instability within nascent democracies and thus a growing challenge for those working internationally, including the United Nations, to prevent and resolve political and violent conflict.
Courts have come under assault from a number of directions, by leaders attempting to remove democratic checks on their powers or by opponents trying to employ them as a political weapon. The consequences can be quite serious, as Ecuador recently learned when the dismissal of its Supreme Court in 2005 sparked mass demonstrations and the downfall of its Government. This Andean nation’s recent experience in judicial upheaval and recovery, achieved with the support of the international community, is a good example of cooperation between the United Nations and regional and subregional organizations in helping a Member State to combat this corrosive trend.
Plagued over its modern history with political instability, Ecuador’s tensions have increased in recent years amid growing social divisions and a wrenching transition to a dollar-based economy. It was thrown deeper into turmoil about a year ago, when lawmakers allied with President Lucio Gutiérrez dismissed the Supreme Court and attempted to replace all judges at a time when investigations on corruption were being considered against the Government and its allies. With justices being dragged from the chambers by police, the Government’s strong-arm tactics prompted international condemnation. Mass demonstrations in April 2005 forced Mr. Gutiérrez from office; he was later imprisoned.
Restoring democratic normalcy in Ecuador fell to then Vice-President Alfredo Palacio, who took over the presidency with national and international support. Since then, the United Nations has worked closely with concerned Governments, the Organization of American States (OAS) and the Andean Community of Nations in helping Ecuador get its democracy back on track. At the Parliament’s and Government’s request, all three organizations named respected jurists as international witnesses to a painstaking Ecuadorian-led process of choosing a new Supreme Court. The judges were chosen for their professional standing as opposed to their political leanings or social connections.
For the first time in Ecuador’s history, transparent public hearings were held at which nominees’ backgrounds could be openly scrutinized. Emphasis was given to naming more women to the bench. It was no routine event then when 31 new judges took their oaths before a large gathering of national and international dignitaries in November 2005 in Quito, the country’s capital. Ecuador’s democratic process had taken an important step forward, and the international community was justified in accepting a small share of the credit.
Looking back at this recent experience, I am struck not only by the degree of international cooperation but also at how well the United Nations system worked together in forging a common response. Leading the effort was Leandro Despouy, UN Special Rapporteur on the Independence of Judges and Lawyers, who carried out several visits to the country in 2005, consulting broadly across Ecuador’s divided political and judicial spectrum. It was in his second report that he recommended that the international community deploy observers who could lend credibility to the selection of the new judges of the Supreme Court.
The Special Rapporteur’s efforts fit nicely within a broader partnership between diverse entities of the United Nations system. An overall strategy in response to Ecuador’s political-judicial crisis was discussed and approved at the highest level, including through an interagency task force that met periodically at UN Headquarters in New York, bringing together the Department of Political Affairs (DPA), the United Nations Development Programme (UNDP) and its Resident Representative in Ecuador, the Office of the High Commissioner for Human Rights (OHCHR) and the Special Rapporteur, who reports to the Human Rights Commission.
Ecuador’s evolving political crisis was also examined by the Executive Committee on Peace and Security—an interdepartmental coordinating body chaired by the Under-Secretary-General for Political Affairs and comprising nearly two dozen senior officials and heads of agencies, funds, departments, programmes and offices. A joint DPA/UNDP mission to Ecuador undertook an assessment of the situation and identified the Special Rapporteur’s proposals as the entry point for UN assistance.
On the ground, the international jurists designated by the United Nations, OAS and the Andean Community worked closely together with national observers, including members of civil society. Donations from foreign Governments, including Spain and the United States, helped finance their important work. A well-timed UNDP seminar, held in October 2005 with financial support from Spain, helped to reinforce public and international confidence in the selection process, while the OHCHR regional representative paid a helpful visit to the country.
The selection of the Supreme Court in such a democratic fashion constitutes a major advance in restoring the rule of law and reinforcing checks and balances in Ecuador. The Court’s credibility should rub off on other key State institutions, with one of its functions to propose candidates for the Constitutional Tribunal, the Attorney-General and a judicial council that appoints judges throughout the country. The Court also has before it about 3,000 cases, some of which are politically charged, including the corruption allegations against Mr. Gutiérrez and two other former presidents.
Ecuador still faces tough challenges in consolidating democracy and meeting social demands, but it has acted decisively and creatively to address one notable source of conflict. It should now be able to move forward on more solid footing, with a Supreme Court built to resist the kinds of pressures that undermined its integrity in the past. |
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Angela Kane
was appointed UN Assistant Secretary-General for Political Affairs
in December 2005. Prior to this, she served in the same capacity
for the General Assembly and Conference Management. She was
Deputy Special Representative of the Secretary-General for the
UN Mission in Ethiopia and Eritrea (2003-2004) and has worked
in numerous other assignments at the United Nations. |
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