Noboa considers nationwide emergency decree but legal experts say it would be unconstitutional

President Daniel Noboa has ordered the Ministries of Defense and Interior to analyze the possibility of a nationwide emergency declaration in the face of surging coastal crime. He ordered the analysis at a Saturday ministerial meeting before leaving for the World Economic Forum in Davos, Switzerland.

An emergency declaration by the president allows military personnel to participate in law enforcement activities.

Noboa said a national state of emergency would give the government increased law enforcement powers as well as streamline the purchase process for equipment and services necessary to fight crime. “I am asking the ministers to advise me about what they believe are adequate measures for the defense, internal protection and maintenance of public order in Ecuador,” he said.

Currently, an emergency order is in effect in five coastal provinces with high crime rates. Emergency status restricts some civil rights, including the right to home privacy and the right of public assembly. It also allows the armed forces to assist police in law enforcement activities.

Reacting to Noboa’s suggestion, several legal experts said a national state of emergency would be unconstitutional. “There are strict rules for a nationwide emergency and current circumstances do not meet that criteria,” said former Constitutional Judge Jorge Morales. “Such an order restricting the rights of citizens in areas where crime rates are low would be an abuse of power and, I am certain, would be struck down by the court.”

According to Morales, a national emergency can be declared only when “extreme conditions” affect the entire population. “If there is a war with another country or a massive natural disaster, an emergency declaration would be appropriate, but not when high crime levels affect a limited number of provinces,” he said.

Former president of the Pichincha Bar Association Jefferson Baltazar called the suggestion of a national emergency “shocking” and said its use would be a violation of civil rights guaranteed in the constitution. “I understand the country faces a crisis in the Pacific and littoral region and agree the crisis requires some restriction on rights to restore order, but this should not be applied to the entire country.”

Like Morales, Baltazar says a countrywide emergency declaration would be rejected by the Constitutional Court.