Correa's Referendum Squeaks by in Ecuador

Updated May 9, 2011 - When Ecuadorans cast their ballots for a 10-point referendum on May 7, they appear to have handed a winto President Rafael Correa. The president declared victory the same day of the vote based on exit polls, though the National Electoral Council will not publish the final results for the next few days. The plebiscite’s proposals encompass a series of unrelated measures that could shake up the judiciary, restrict media ownership, outlaw casino gambling, and prohibit killing animals for entertainment. A Cedatos Gallup poll published April 26 predicted that Correa will cruise to victory in all of the 10 proposals contained in the referendum, drawing an expected average of 60 percent of the votes for each. With almost 40 percent of the votes tallied, the National Electoral Council's results indicate that Correa's referewon, but with smaller margins.

Correa campaigned hard and did so well. After five years on the job, he retains an approval rating of over 50 percent, and news reports describe the opposition as divided. He sings and dances at campaign events. The Ecuadoran magazine Vistazo just declared him the country’s most attractive man. Broad support for the referendum drive may, in fact, indicated approval for Correa more than interest in the reforms under discussion. The Cedatos Gallup poll cited above found that only 16 percent of the respondents claimed to know the substance of the 10 proposals.

But that doesn’t mean the Correa doesn’t face opposition. The two proposals regulating media have emerged as among the most contentious and enjoy the least voter support. One measure would prohibit media companies from making investments outside their industry, while the second would establish a council to regulate content deemed violent, sexual, or discriminatory. “The language of the provision appears to allow the council to unilaterally set potential penalties,” writes the Committee to Protect Journalists. “We believe this vague provision would open the door to government censorship.” Correa regularly butts heads with the media; he vilifies them in speeches, accusing them of bias and inaccuracy. “Our greatest rival in this plebiscite is not the opposition. Our biggest rivals are the media, who come up with a fresh scandal on a daily basis,” Correa said last week. 

Ecuador’s press freedom guarantees are already too weak, according to the Inter-American Commission on Human Rights (IACHR). In a statement issued April 15, the IACHR said some of the provisions in Ecuador’s penal code designated as “crimes of honors” (equivalent to slander and libel) should not be invoked by public figures as they run against the Declaration of Principles of Freedom of Expression. Correa sued the directors of the newspaper El Universo and its opinion editor Emilio Palacio for libel in March over a column entitled “NO to the Lies,” which referred to Correa several times as a “dictator.” Correa asked for the maximum penalty of $50 million and three years in jail as punishments. But journalists aren’t the only ones to set off Ecuador’s thin-skinned president: Correa says he will press charges against Marcos Luis Sovenis, a private citizen, for yelling the word “fascist” at him in February during a visit to the city of Babohoyo.

Proposed changes to the judiciary have also sparked controversy. One reform would create a transitional, three-person panel tasked with an 18-month overhaul of the judicial system. Another point in the referendum spells out the make-up of the subsequent, five-person permanent judiciary council, charged with appointing judges. The council would go from being completely comprised of members of the judiciary to including members from other government branches. Critics say the reforms could give Correa too much influence in the appointment of judges, given that the executive branch would gain a stronger voice in selecting members of the temporary and permanent councils. But Correa and the measures’ supporters counter that the reforms will build transparency in a branch of the government much maligned for corruption. The president has announced that well-known Spanish human rights judge Baltasar Garzón, who is in Quito this week, may serve as an observer during the restructuring of the judiciary. Writes Edward Remache in the AQ blog: "If the question of restructuring the judicial system is approved, the only chance the opposition will have is to set aside their differences and appeal to the masses in a unified front—much like Correa did when coming to power in 2006 and as he continues to do now."

Learn more:

• Read the referendum that Ecuadorans voted on May 7.
• Reuters outlines what’s at stake in the referendum. 
• The IACHR release criticizing Correa’s treatment of the press.
• Read the most recent Cedatos Gallup poll measuring support for the referendum.