Cynthia Viteri’s impediment for students to return to classrooms ‘shocked’ the State portfolio, which urges it to reflect on its decision.
It’s already eight o’clock educational institutions (two individuals) that in Guayaquil have been closed for returning to face-to-face classes. Because, Maria Brown, Minister of Education, said that it was decided to file a action of precautionary measures, a protection action and the administrative actions by each institution, that is, “challenge the action of the municipality at the time of closing each of the institutions.”
Mayor vs. Education
Despite the resolution of the national EOC, Viteri announced on January 23 that classes were still suspended. At the same time, the Ministry of Education invited the media to the inauguration of returning to the classroom from a school in the ‘Main Port’.
With confusion, the students of the Guayaquil Tax Educational Unit attended and were welcomed by the Minister of Education, Mary Brown, which appealed to the sensitivity of the Municipality of Guayaquil that he had his officials ready to close down the institution.
Once Brown left the establishment, the Guayaquil school was suspended. That same day there were two other institutions that suffered the same fate and on January 25, another two.
Ministry of Education can take action
The constitutionalist André Benavides said that one of the sanction options of the Ministry of Education would be through the Organic Law of Intercultural Education (LOEI), “because (the Municipality of Guayaquil) is interrupting the right to education (…). The infraction would have to be analyzed ”.
And although he Ministry of Education announced that they have taken legal action, the process would not be quick. “There is still a long way to go to challenge these improper decisions,” said Roberto Acosta, legal coordinator of the Ministry of Education.
LA HORA contacted the communication department of the Mayor of Guayaquil, to have their opinion on school closures, but as of press time there was no response.
.@Educacion_Ec reported that it has taken three legal actions so that #Guayaquil return to classrooms. ???? Do you know what they are? https://t.co/gAAElvRh3l pic.twitter.com/Q0VqoRiSG1
– The Ecuador Time (@lahoraecuador) January 25, 2022
COE, ‘hands tied’
Can the national COE sanction the mayor of Guayaquil? The answer is no. Benavides explains that the institution led by John Zapata “From no point of view does it have administrative or sanctioning powers.”
And it is that at the moment, “there is no Exception status that allows to take advantage of the figure of not complying with the order of the competent authority, ”adds the lawyer Andrea Melo.
Solo 1 de cada 5 estudiantes en virtualidad no entiende las clases, según Unicef.
Without law, everyone rules
Benavides points out that the lack of a law detailing the powers of the municipalities and the national COE They are the ones that create these inconveniences of power, which end up confusing the citizenry.
According to Constitutional court (CC) the CC, the decentralized powers that municipalities and prefectures have cannot be ignored, for which reason it asked the Executive and to the Assembly to work on a pandemic management law, to regulate powers and measures. The ex-president Lenin Moreno delivered the project in April 2021.
On August 12, 2021, the president, William Lasso, withdrew the project. But the health commission of the Assembly took it up again and on January 11, 2022, processed in the first debate the bill for the management of the health emergency due to the pandemic caused by COVID-19 and its variants.
There were twenty legislators who took part in the debate, which focused on questioning the Executive for not submitting a bill on this matter, as ordered by the Constitutional Court; establish fines for citizens and businesses that do not observe the provisions of the authorities to curb infections and the powers that the provincial and national operations committees will have.
However, Assemblyman Stephen Torres warned that this bill was born from the National Assembly and not from the Executive, as established by the Constitutional Court, that’s why could later be declared unconstitutional. With which, the law continues without existing and the competitions without being established; giving rise to the municipalities to replicate what Viteri did. (AVV)
conflicting figures
The contradictions between the Municipality of Guayaquil is not only in the return to classes, but in the figures on the pandemic. Viteri even gave six arguments to suspend classes and the Government answered each one.
The Mayor maintains that “the attendance of children and young people to classes multiplies by four the risk of contagion” to which the Government replied that the group with the highest percentage of infections are the people between 20 to 49 years with 64%, while those under 14 years of age represent only 4.9%.
In people aged 0 to 14 there is a trend towards a decrease in the number of cases of COVID-19, of approximately 50%.
Airport runway closure
The investigation for closing of the clue airport landing Guayaquil against the mayor Cynthia Viteri it could take up to two years. The crime in which he would have incurred is typified in Comprehensive Criminal Organic Code (COIP) which states: “the obstruction of health and humanitarian tasks is punished with a sentence of 10 to 13 years of deprivation of liberty.” The process is still under investigation.
From Quito the issue is discussed after the Guayas prosecutor’s office there was an intention to file the case.
The return to the classroom in Ecuador
- 737 educational institutions in Guayaquil have approved face-to-face return to classes.
- 8 out of 10 teachers consider that students have a greater predisposition to learn from face-to-face learning.
- The return to classes face-to-face is voluntary.
