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Ecuador's Good Living: Crises, Discourse, And Ecuador’s Good Living: Crises, Discourse, and Law A thesis submitted for the degree of Doctor of Politics and International Relations of Philosophy of The Australian National University Carlos Arturo Espinosa Gallegos-Anda September 2018 This is a unique and original work developed solely by Carlos Arturo Espinosa Gallegos Anda. Word Count: 110,401 © Copyright by Carlos Arturo Espinosa Gallegos Anda (2018) All Rights Reserved ii ABSTRACT Good Living was included in Ecuador’s 2008 Constitution as a result of a long-period of crises that reshaped the country’s political realm, altering centuries of citizenship regimes and the legal institutions that made them viable. Novel in character, Good Living, Sumak Kawsay or Buen Vivir would catalyze debates in various academic and civil society circles that longed for a political, social and economic alternative to the tumultuous years that proceeded the enactment of the 2008 Constitution. Through inductive theory-guided process tracing, this thesis analyses current strains of what has been labelled as statist, Indigenist and post-developmental Good Living in order to examine its origins and develop a more nuanced theoretical approach titled “critical Good Living”. Unlike its previous theoretical counterparts, Critical Good Living unites the converging forces of a retreating state, changing citizenship regimes, politicized ethnic cleavages, discursive democracy and the emergence of an empty signifier to craft a new theory from which Buen Vivir may be depicted. Contextual in nature, a product of its time and the forces that forged it, Good Living would be the end-result of a striving indigenous movement, international NGOs, a retreating state and new forms of transnational governmentality uniting to displace radical forms of civil society cohesion. This new form of biopolitics, would create microfoundations of power that would leverage on indigenous demands of autonomy and collective rights to promote market-orientated assets that could remedy staggering levels of poverty throughout the 1990s and early 2000s. Good Living, as an empty signifier, would wield power in new ways, pacifying social protest as it catered to many and satisfied none. However, this thesis also presents the power of its introduction as a constitutional principle, as its harbours the possibility of developing legal instruments of law that are both local, regional and international. This possibility is the central contribution this thesis makes. The Introduction presents the reader to Good Living by broadly situating the discussion within the contexts from which it emerged. Additionally, it presents the three dominating theoretical currents that have been constructed to analyse Good Living. Finally, it sets out the general structure of the thesis. Chapter One introduces iii the main theoretical arguments and methodological approach used. It develops the methodology of theory-guided process tracing that will be applied and the notion of a “critical juncture”. Chapter Two reviews the predominant theoretical currents that have emerged since Good Living’s constitutional birth in 2008. The thesis argues for a different analysis, suggesting a “critical” reading of Good Living. Chapter Three outlines the contextual setting from which Good Living emerged. It seeks to highlight the complex interrelation of economic, social and political upheavals that came together during the critical juncture. Three elements of this period are crucial: a retreating state; politicised ethnic cleavages; and changing citizenship regimes. Chapter Four states that Good Living is the result of the transnational discourses of power that descended upon Ecuador during the critical juncture. Detailing the effects of politicised ethnic cleavages, state retreat and changing citizenship regimes, it argues that a new form of politics emerged, one best understood through Dryzek’s discursive democracy. Moreover, through Laclau and Mouffe’s notion of the “empty signifier”, the chapter argues that Good Living reconciled what had been a transgressive politics with hegemonic neoliberalism. Chapter Five presents the core findings by re-situating debates surrounding Good Living within the power relations that surfaced during Ecuador’s critical juncture. Additionally, it presents new ways in which Good Living may be enforced, by linking its domestic enforcement to human rights treaties and the regional jurisprudence that has emerged from the Inter-American Court of Human Rights, particularly on matters relating to the concept of Vida Digna and economic, social and cultural rights. iv ACKNOWLEDGEMENTS First and foremost, my gratitude to the people of Ecuador whose generous financial support, through the National Scholarship Program of Ecuador, allowed me to pursue both my LLM and PhD at the Australian National University. In addition, I would like to thank the Australian National University for the Fee Remission Merit Scholarship that was awarded at the end of my PhD studies. My gratitude is also expressed to the School of Politics and International Relations of the Australian National University for their financial support during my field research and participation in conferences that took place in Australia, Canada, Ecuador, and the United States of America. Having the possibility of presenting my work to broader audiences allowed me to refine my research and access feedback that proved crucial in the timely finishing of my dissertation. My gratitude to Dr John Minns, my supervisor, for his patience whilst revising my work, as well as the support he offered as I sought to present my research abroad. Amongst those who offered their time to review and comment my work as it progressed, I would like to thank Carlos Morreo Boada, Heloise Weber, Danilo Caicedo and Kim Rooken-Smith. To Patricia, Esteban and Rocío, your support and care towards the end of my PhD was invaluable and unforgettable. Daniela: this project, and the many lessons that came with it taught me so much along the way. On a more personal note, my eternal gratitude goes to Piedad, Manuela and Mercedes for their love, guidance and patience throughout my life. Finally, I would like to thank my grandmother for her faith, encouragement, and endless support in all my endeavours and guidance in all my errors. v Table of Contents ABSTRACT III ACKNOWLEDGEMENTS V TABLE OF CONTENTS VI LIST OF FIGURES IX INTRODUCTION 1 THE CONTEXT OF GOOD LIVING 3 CRITICAL APPROACHES TOWARDS GOOD LIVING 14 WHY GOOD LIVING? 19 ON METHODOLOGY 22 POSITIONING CRITICAL GOOD LIVING: DISCOURSE AND RIGHTS 27 THESIS PLAN 29 CHAPTER 1 34 THE CONTEXT OF GOOD LIVING: SITUATING THEORY AND METHOD 34 INTRODUCTION 34 METHOD 36 POLITICISED ETHNIC CLEAVAGE 42 THE RETREATING STATE 46 CHANGING CITIZENSHIP REGIMES 52 WIDER THEORETICAL FRAMING 58 TRANSNATIONAL GOVERNMENTALITY 59 SOCIAL PROTEST AND DISCURSIVE DEMOCRACY 64 CONCLUSION 73 CHAPTER 2 75 GOOD LIVING LITERATURE REVIEW 75 INTRODUCTION 75 ECUADORIAN DISCUSSIONS ON GOOD LIVING 82 INDIGENIST OR PACHAMAMA GOOD LIVING 85 DEVELOPMENTAL OR STATIST GOOD LIVING 97 vi ECOLOGIST AND POST-DEVELOPMENTAL GOOD LIVING 108 CRITICAL APPROACHES TOWARDS GOOD LIVING: POWER NOT ONTOLOGY 112 CHAPTER 3 119 LITERATURE REVIEW OF THE CRITICAL JUNCTURE 119 INTRODUCTION 119 THEORY-GUIDED PROCESS TRACING: A LITERATURE REVIEW FROM WHICH TO START- OFF 123 RURAL SOCIOLOGY: ANALYZING DEVELOPMENT PARADIGMS IN INDIGENOUS COMMUNITIES DURING THE CRITICAL JUNCTURE 126 DEFINING THE THEORY BEHIND A THEORY–GUIDED UNDERSTANDING OF GOOD LIVING 127 PREFACE TO THE CRITICAL JUNCTURE: 1960-1979 130 AGRARIAN REVOLTS AND REFORMS 130 OIL INDUCED MILITARY NATIONALISM 132 RETREATING STATE: ECONOMIC, INSTITUTIONAL, AND POLITICAL BREAKDOWN 134 STATE RETREAT 134 REGIONALIST CHALLENGES TO STATE BUILDING 135 ECONOMIC TURMOIL AND REFORM DURING THE 1980S 136 THE FINANCIAL MELTDOWN OF THE 1990S 138 INTER-BRANCH CRISES AND GHOST COALITIONS 141 POLITICISED ETHNIC CLEAVAGES: RISE AND FALL OF INDIGENOUS MOBILISATION 145 CHANGING CITIZENSHIP REGIMES 159 THE QUEST FOR CIVIC VIRTUE 164 CONSTITUTIONAL CONVERGENCE AND GRADUATED SOVEREIGNTY 168 DIFFUSION AND THE SCRIPTS OF MODERNITY 170 CONCLUSION 176 CHAPTER 4 178 THE POLYMORPHISM OF GOOD LIVING 178 INTRODUCTION 178 THE NEW GOVERNMENTALITY 184 TRANSNATIONAL GOVERNMENTALITY AND THE CRITICAL JUNCTURE 186 THE THEME OF SOCIAL CAPITAL 190 SOCIAL CAPITAL OR THE MYTH OF ETHNODEVELOPMENT 196 THE SOURCES OF SOCIAL CAPITAL 201 THE MASTER FRAMING OF TRANSGRESSIVE POLITICS 205 THE EMPTY SIGNIFIER IS BORN 213 YASUNÍ: A CASE STUDY ON THE EMPTY SIGNIFIER 220 YASUNI AND THE DISCOURSE OF GOOD LIVING 222 CHAPTER 5 230 BEYOND LIVING WELL 230 vii GOOD LIVING RE-FRAMED 230 CRAFTING GOOD LIVING: FROM SPEAKING TO LISTENING 233 EXHAUSTION OF THE RIGHTS DISCOURSE 238 THE IMPORTATION OF LAW: LOCAL AND INTERNATIONAL INFLUENCES 242 GRADUATED SOVEREIGNTY AND THE ROLE OF THE IACTHR 249 BACK TO BASICS: RECALIBRATING THE “ENGINE ROOM OF THE CONSTITUTION” 263 CONCLUSIONS 265 BIBLIOGRAPHY 267 viii List of Figures Figure 1 –Conventional Process Tracing ............................................................................ 39 Figure 2 – Proposed Theory-Guided Process Tracing .................................................... 39 Figure 3 – Theoretical and Methodological Framing ...................................................... 59 Figure 4 – Protesters battle security forces in an attempt to storm the Presidential Palace in 1997 .........................................................................................................................
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