At the time of writing, the President of the Republic of Ecuador has declared a nationwide State of Emergency effective 8 January 2024[1] for an initial period of 60 days citing ‘grave internal commotion’, ‘violence and criminality’ including unrest within the nations prison system.
The Presidential Decree follows significant criminal events that have destabilised the country including, armed assassinations of public figures, security personnel, armed robbery of high-profile musicians, and the escape from prison of the leader of a drug cartel leading to a nationwide manhunt.
Among the measures under the State of Emergency are a curfew, mobilisation of the Armed Forces, National Police and the potential use of the military as backup. Justification for the Presidential Decree includes alarming figures cited of rampant and violent crime that include an annual increase in homicides (involving armed weapons) from 53% -89%. As of 31 December 2023 there were 8,008 intentional homicides in Ecuador with 90% attributed to ‘criminal violence’ and which disproportionally involved individuals aged 20-29 years of age.
The Decree has the requisite legal validity, with the Constitutional Court of Ecuador providing its constitutional opinion that the relevant parameters for declaring a “serious internal disturbance” have been met:
Firstly, internal disturbance implies the actual occurrence of events of such intensity that seriously threaten the exercise of constitutional rights, institutional stability, security, and the normal coexistence of citizens. Secondly, the events that constitute a situation of serious internal disturbance must generate considerable social alarm. These events are often reported by the media”.
Those following the developments in Ecuador won’t be surprised by this recent escalation: last year a presidential candidate was assassinated whilst campaigning. Arguably, the recent events will incentivise more Ecuadorians to flee to neighbouring countries with historically large numbers settling in the USA, Spain and more recently Chile.[2]
If you or your family are in Australia and concerned about your safety and wish to discuss extending your stay in Australia, we encourage you to contact our experienced migration lawyers. Whilst a protection visa may be a legitimate option for some – particularly for individuals who have had run ins with criminal elements (because they are employed by the state lawyer, police officers, public officials or because they have been targeted by criminal – we strongly encourage you to seek advice.
[1] Se declara el estado de excepción en todo el territorio nacional por grave conmoción interna, incluidos todos los centros de privación de la libertad que integran el Sistema Nacional de Rehabilitación Social sin excepción alguna, available at: https://minka.presidencia.gob.ec/portal/usuarios_externos.jsf
[2] https://www.migrationpolicy.org/article/ecuador-migration-trends-emigration-venezuelans
