Representatives of the various pensioner associations of the Ecuadorian Social Security Institute (IESS) arrived at the Constitutional Court this Thursday, September 21, to present amicus curiae against the Organic Decree on the Emergency Economic Law for the Balance, Organization and Transparency of Public Finances, sent by President Guillermo Lasso to the Constitutional Court (CC) on September 5. This adds up to 10 amicus curiae to the project, according to the entity’s records.

Association of pensioners of Pitka voda company; Association of pensioners of the city district and its associations; The Association of Pensioners of Urban Cleanliness and the United Defense Front of IESS appear in the document representing the appeal in the CC. Their request is that the Regulation should not be implemented because they believe it is “unfounded and expressly violates the Constitution, as well as international instruments signed and ratified by Ecuador,” in addition to violating the rights of pensioners, retirees and people with catastrophic illnesses.

Pensioners from IESS held a protest in Guayaquil to eliminate interest on the debt the state holds with social security

The unions, which held a protest before the presentation of the document, also demand that HK be allowed to participate in the public debate.

“We say to the HZ that it must reject this bill that requires them not to pay interest to Insurance. We must refuse and ask the constitutional judges to reject this law, it is very important to us”, said one of the pensioners’ representatives.

According to the signatory amicus curiaeThe executive project “in its content does not justify an urgent economic need” and notes that they conducted an analysis of “legal provisions that could be violated by the adoption of the” Law Decree “with a special emphasis on articles that violate the rights of members and pensioners of the Social Insurance Institution and persons who are ill from catastrophic or very complex diseases.”

They refer to article 39, which suggests that the following text be included as the thirty-fifth transitional provision: “Interests generated by contributions retained by the state until liquidation for the payment of contributions of 40% of the pensions from the promulgation of the Constitution of the Republic, with the Ecuadorian Social Security Institute which on on the day of issuance of this decree-law are awaiting payment, they will be redeemed in full.”

The union points out that “the manner in which the Government intends to ignore the payment of interest on the historic debt” held by the IESS is quite ridiculous.

With more than 70 ‘amicus curiae’ social actors, the debate on Guillermo Lasso’s bills was moved to the Constitutional Court

Another article they mention is article 28 of the decree law, in which the executive authority asks to add: “The public finance management body must include in the proforma of the general state budget the mandatory state contribution for health benefits for the IESS in accordance with the Social Security Law.” For recognition and award, IESS must present the results of external audits aligned with the guidelines issued by the competent public health institution.”

Furthermore: “In relation to the tripartite solidarity fund contained in Art. 103 of the Social Insurance Act for the treatment of catastrophic diseases of the IESS, the mandatory state contribution will amount to 33.33%.”

With this in mind, pensioners refer to Article 50, which states that “the state will guarantee all persons suffering from catastrophic or highly complex diseases the right to specialized and free care at all levels in a timely and privileged manner”.

In this context, they point out that the Constitution is “clear and not subject to interpretation”, which is why they believe that it is the state’s obligation to guarantee free care to this vulnerable group.

Union representatives indicated that they have a meeting planned for next week and that they also have a national meeting scheduled for October 21 in Riobamba.