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Noboa insists on a new state of emergency in Ecuador after the previous two were invalidated

The president of Ecuador, Daniel Noboa, again decreed on Tuesday for the third time a state of emergency in part of the country’s territory, after the previous two declarations were revoked by the Constitutional Court, considering that the measure was not sufficiently argued.

This new state of emergency for 60 days covers six provinces (Guayas, Los Ríos, Manabí, Orellana, Santa Elena and El Oro) and the municipality of Camilo Ponce Enríquez, a mining enclave in the southern Andean province of Azuay where the mayor was murdered in April and this week eight bodies with signs of torture were found in a mining concession.

In these territories the measure contemplates the suspension of the rights of inviolability of the domicile, inviolability of correspondence and freedom of assembly, according to the decree, which extends for more than 50 pages to support this declaration.

It also implies the mobilization of the Armed Forces and the National Police to carry out operations against organized crime gangs, to which Noboa has declared “war” since the beginning of the year by raising the fight against them to “internal armed conflict,” with which he has come to classify them as terrorist groups and non-state belligerent actors.

The Presidency of Ecuador stressed in a statement that on this occasion the decree of the state of emergency “has the support of the World Association of Jurists (WJA, for its acronym in English),” in view of the analysis of the legality of the measure that must be carried out again by the Constitutional Court.

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On this occasion, the decree of the state of emergency establishes that the Constitutional Court may have access to secret reports from the Government authorities in case they need to review them to evaluate the relevance of the measure, without this implying the declassification and public access of them.

The Constitutional Court validated the first state of emergency decreed by Noboa at the beginning of the year and that was in force for 90 days throughout the country, broadcast as a result of a spiral of violence by criminal gangs that included simultaneous riots in several prisons in the country with about 200 hostages and the taking of the TC Television channel by a group of armed men during a live broadcast.

Subsequently, Noboa issued two focused states of emergency that covered several provinces, but in both cases the constitutunal court considered that “the facts mentioned in the decree do not specifically constitute the cause of internal armed conflict.”

The magistrates stressed that, for the most recent decree, the argument of the internal armed conflict “was the only (reason) invoked by the President of the Republic.”

“It should be remembered that, due to its important legal implications, both the reiterated jurisprudence of this Court and international law, have established that in order to configure the cause of internal armed conflict, two parameters must be considered that address the seriousness of the situation of violence,” the Court said.

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Between those two parameters cited by the court is “the level of organization of the armed group and the intensity of hostilities.”

“However, in the decree and in the reports that support it, no indications related to these parameters are mentioned,” he concluded.

However, the Court clarified that “the finding that the declaration of a state of emergency does not meet the requirements provided for in the Constitution does not imply a lack of knowledge of the serious acts of violence and the complex circumstances that the country is going through.”

He also recalled that his decision does not affect the powers provided for in the ordinary legal system for the Executive to use the Armed Forces to fulfill its constitutional mission, since the Ecuadorians approved by a large majority in a referendum held in April that the military support the Police in operations against organized crime without the need to issue states of emergency.

Organized crime gangs, mainly dedicated to drug trafficking, are credited with the wave of violence that plagues Ecuador and that has led it to be the first country in Latin America in homicides per capita, with a rate of about 47.2 per 100,000 inhabitants in 2023, according to the Ecuadorian Observatory of Organized Crime (OECO).

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International

Mexican government prioritizes 191 communities after deadly floods

Mexican President Claudia Sheinbaum confirmed on Wednesday that the death toll from recent rains and floods across several central states has risen to 66, while the federal government has activated air bridges and prioritized assistance in 191 isolated communities.

“Unfortunately, 66 people have died, and 75 remain missing,” the president said during her morning press conference. She added that the official death toll will be updated later in a new report.

As of Tuesday, authorities had reported 64 fatalities. Sheinbaum also announced the creation of a public information center to centralize official data on the deceased, missing persons, damaged homes, and cut-off communities.

According to the president, the number of missing persons has decreased thanks to coordination with state authorities.

“Through calls to phone line 079, 103 people who had been reported missing have now been located,” she explained.

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Priority Municipalities

The president noted that the federal government has classified 191 communities as ‘priority’, a designation based mainly on the percentage of homes affected.

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International

New road and bridge explosions raise alarm amid indigenous protests in Ecuador

Ecuadorian authorities are investigating two explosions that occurred early Wednesday, one on a road in the southern part of the country and another under a bridge in Guayas province. These incidents follow the car bomb explosion in the coastal city of Guayaquil, also in Guayas, which occurred the day before and left one person dead and 30 injured.

Press reports indicate that one person was injured and several vehicles were damaged in the explosion on the Cuenca-Girón-Pasaje road in the south.

“Besides yesterday’s explosion in Guayaquil, we have received reports of explosives placed on bridges along the Guayaquil-Machala and Machala-Cuenca routes to disrupt traffic,” said Roberto Luque, Minister of Infrastructure and Transport (MIT).

On his X social media account, Luque reported that authorities have been deployed to the sites to assess the damage and determine the current condition of the structures.

“What they haven’t achieved with their call for a strike, some are trying to achieve through terrorism,” he stated, referring to the 24 days of protests organized by the Confederation of Indigenous Nationalities (Conaie) against rising diesel prices and other demands.

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The protests, called at a national level, have Imbabura province as their epicenter. Roadblocks have also been reported in the northern part of Pichincha province, whose capital is Quito, while activities in the rest of the country continue normally.

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International

Armed forces target illegal mines in Northern Ecuador with bombing raids

Ecuador’s Armed Forces carried out an operation on Monday — including airstrikes — against illegal mining in the town of Buenos Aires, in the country’s north, Defense Minister Gian Carlo Loffredo reported.

The mountainous, gold-rich area has been a hotspot for illegal mining since 2017, located in the Andean province of Imbabura.

In 2019, former president Lenín Moreno deployed around 2,400 soldiers to the region in an attempt to curb the illegal activity. “The operation began with mortar fire, followed by gunfire and bombing runs by Supertucano aircraft,” Loffredo said in a video released by the Defense Ministry.

He added that the operation would continue on Tuesday with patrols across the area to locate possible members of “irregular armed groups that may have crossed from the Colombian border.”

The Armed Forces stated on X that the intervention focused on the “complete elimination of multiple illegal mining tunnels” in the areas known as Mina Nueva and Mina Vieja.

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The operation coincided with the deployment of a military and police convoy into Imbabura, which has been the epicenter of protests against President Daniel Noboa since September 22, following his decision to scrap the diesel subsidy.

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