Statement on the development of the electoral process in Ecuador

El CLACSO Working Group Lex mercatoria, human rights and democracy expresses its concern regarding the series of irregularities and expressions of Lawfare that are complicating the proper development of the electoral process in Ecuador.

General elections were held in the Republic of Ecuador on February 7. The results, which were not officially published by the National Electoral Council (CNE) until Sunday, February 21, show Andrés Arauz winning with 32,7% of the vote. He advances to a runoff election against Guillermo Lasso, who obtained 19,74% of the vote. According to the electoral calendar, the runoff election is scheduled for April 11.

In light of recent events and actions by various actors that threaten to obstruct or delay the holding of the second round of elections, and concerned about the stability of democracy and respect for human rights in Ecuador, the academics comprising the Working Group declare the following:

• The case of Ecuador is one of the regional paradigms of the accelerated expansion of the Lex Mercatoria and the corporate capture of the state. Since the current government came to power, a harsh neoliberal adjustment has been undertaken through the implementation of numerous regulatory reforms and, in particular, the development of the agreement with the International Monetary Fund. The expansion of the Lex Mercatoria has led to increased precarity and poverty, a loss of income and a reduced capacity of the state to meet the needs of the population, and a reduction in public sector employment.

• Over the past four years, Ecuador has also become a prime example of the lawfare that is spreading throughout Latin America. Even before the elections were called, the electoral process was marked by the use of the state's legal apparatus to hinder the participation of the majority political force and prevent a change in power. Lawfare strategies against certain leaders, including the initiation of criminal proceedings, persecution, and pretrial detention, particularly after the social mobilizations and protests of October 2019, have obstructed the right to stand for election and the exercise of all political rights for numerous people.

• Since the beginning of the electoral process, there have been administrative obstacles to the registration of candidates, interference in the process by other branches of government, and even foreign political meddling, which have placed the democratic health of Ecuador at a critical moment.  

• Particularly concerning is the intervention of the State Comptroller General's Office, which has requested that the National Electoral Council (CNE) conduct an audit of the vote-counting computer systems used in the February 7 elections. Simultaneously, the State Attorney General's Office has announced a forensic examination of the CNE's computer system. All of this is happening in the midst of the electoral process, violating the prohibition against interference established by the Democracy Code.

• Equal concern has arisen regarding the actions of Colombia's Attorney General, Francisco Barbosa, who traveled to Ecuador, ostensibly to deliver information related to a publication in the controversial magazine Semana. The article suggests that the ELN (National Liberation Army) loaned $80.000 USD to Arauz's political campaign. Clearly, the intervention of both prosecutors' offices comes at a crucial moment in the electoral process, generating widespread media attention with a clear intention to damage the image of the candidate who won the first round and the electoral process as a whole. 

For all the above reasons, as the CLACSO Working Group, we call upon all Ecuadorian institutions to ensure the full and proper conduct of the ongoing electoral process. We reiterate that the National Electoral Council (CNE) is the sole electoral authority and the body responsible for guaranteeing the rights of all voters. It is the institution responsible for the proper and complete conduct of the electoral process, respecting in all cases the date of the second round, April 11. All other branches, authorities, and institutions of the State must respect the authority of the CNE and guarantee the rule of law, procedural safeguards, and institutional balance and respect.

The gravity of the situation also leads us to call upon the various regional and international human rights bodies to remain vigilant in defense of democracy in Ecuador.

February 21th 2021
CLACSO Working Group
Lex mercatoria, human rights and democracy

This statement expresses the position of the aforementioned Working Group Lex mercatoria, human rights and democracy and not necessarily that of the centers and institutions that make up the CLACSO international network, its Steering Committee or its Executive Secretariat.