Regarding the acts that violate international law by the government of Ecuador against the diplomatic headquarters of Mexico
From the CLACSO Working Group on Critical Legal Thought and Sociopolitical ConflictsWe express our emphatic condemnation of the military-police incursion by the Ecuadorian government, headed by Daniel Noboa, into the Mexican diplomatic mission in that country, as it constitutes a grave violation of international law, especially Article 22 of the Vienna Convention on Diplomatic Relations, which states that “the premises of the mission are inviolable… agents of the receiving State may not enter them without the consent of the head of the mission.” Furthermore, the provision of the same article that establishes that “the receiving State has a special obligation to take all appropriate steps to protect the premises of the mission against intrusion or damage and to prevent disturbance of the peace of the mission or any attack on its dignity” was also violated.
Furthermore, it is crucial to emphasize that, according to Article IV of the Convention on Diplomatic Asylum of the Organization of American States (Caracas Convention), to which both Ecuador and Mexico are parties, “it is the responsibility of the asylum-granting State to determine the nature of the crime or the motives for the persecution.” The Mexican State is responsible for assessing whether the motives for the persecution of the asylum seeker were political or not. If Ecuador disagreed—and if the minimum standards of international law had been respected—the Ecuadorian State should have activated the channels provided for in international law itself to challenge the asylum granted. However, there is no justification for storming—as was done—the Mexican diplomatic mission to deprive a person protected by Mexican asylum of their liberty.
Never before in the history of diplomatic relations between the two countries has the international legal framework been violated to this extent. However, this illegal act by the Ecuadorian government, which violates the rule of law, is part of a global trend of weakening international law, including the criminal acts that the governments of the United States and Israel have been committing against the Palestinian people in the Gaza Strip.
Our full support and solidarity with the Mexican diplomatic corps and with the Ecuadorian people, who have suffered years of unresolved political crisis, systematic human rights violations, and who are currently experiencing the effects of militarization following the declaration of "internal armed conflict".
We affirm our commitment to support your struggles to achieve a future government of anti-oppressive democratic values, respect, dignity and sovereignty.
April 9th 2024
CLACSO Working Group
Critical legal thinking and sociopolitical conflicts
This text expresses the position of CLACSO Working Group on Critical Legal Thought and Sociopolitical Conflicts and not necessarily that of the centers and institutions that make up the CLACSO international network, its Steering Committee or its Executive Secretariat.
