Is President Noboa Violating the Rule of Law in Ecuador?

During the last few weeks, constitutional lawyers and political scientists have warned that President Daniel Noboa is playing a game that threatens the constitutional order, international law, and the rule of law. As the weeks have passed, the President has demonstrated that he is unafraid to “interpret” the laws of the republic in a manner that serves his administration’s interests.

Assault on the Mexican Embassy in Ecuador

One of the first acts of this type took place back on April 5, 2024, when Ecuadorian police and military forcibly entered the Mexican embassy in Quito to apprehend the then-political asylum seeker, Jorge Glas, former vice president of Ecuador, whom the government was seeking to apprehend at all costs.

The case provoked international condemnation, Mexico’s rupture of diplomatic relations with Ecuador, and an international controversy that still hasn’t been resolved. Mexico and Ecuador have not yet reestablished diplomatic relations after the actions that violated all diplomatic agreements on the sanctity of embassies and international law.

Approval of laws without due process

A few months later, on November 7, 2024, the National Assembly of Ecuador denied and shelved the Anti-Trust Law proposed by the President, which was intended to become another tool of the State to control money laundering. The National Assembly shelved the law stating that it did not adequately address the problem of money laundering in a country plagued by drug trafficking. Due process required the President to reformulate the law and send it back to the legislature for approval.

However, on December 10, Noboa unilaterally approved the law, despite claims from Assembly members that this decision violated the law and bypassed the proper constitutional process for enacting a norm.

Dispute between Noboa and his Vice President, Veronica Abad

Another case that has drawn the attention of public opinion is the dispute between President Noboa and his vice president, Veronica Abad. The winning pair in the presidential elections quickly began to drift apart once their term started. Noboa then decided to send Abad on an indefinite mission to Israel. While the Vice President was away, her son was investigated and arrested for alleged acts of corruption, to which Abad claimed that this was a form of intimidation against her and that the “persecution” was aimed at forcing her resignation.

But, why would Noboa be so intent on replacing his vice president?

The President affirmed from the first days of his administration that he would seek reelection. According to Ecuadorian electoral law, any public official, including the president, who seeks re-election by popular vote, must resign temporarily and without pay from his position so as not to take advantage of the State to conduct an electoral campaign. This means that Noboa would have had to entrust the presidency of the Republic to Abad during his presidential campaign.

However, Noboa did not resign from his post. The President then decided to exchange Abad’s mission in Israel for one in Turkey. When she did not show up in the time period unilaterally decided by the Executive, the Secretary of Labor, Ivonne Nuñez, sanctioned Abad, removing her from her position for five months.

Noboa then proclaimed Sariha Moya as Vice President.

Abad quickly denounced Noboa’s action in court as unconstitutional. A judge ruled in favor of the Vice President-elect and ordered her immediate reinstatement. Many analysts argued that it is absurd for Noboa to appoint an interim vice president by decree, as this action is not recognized in any law. It is well-established that the vice president is democratically elected, making it inappropriate for an official to appoint someone to a position that requires a popular vote.

Nonetheless, Noboa repeated his tactic: he asked Abad to report to Ankara in less than four days or she would be temporarily removed. This time, Abad did not leave Ecuador. Noboa again sanctioned the elected Vice President and appointed Cynthia Gellibert as the interim Vice President.

This case has become the center of national political debate because of Noboa’s insistence on getting rid of the Vice President and thus not handing over the Presidency to someone who has publicly declared their disagreements with him.

Controversy around Noboa’s electoral campaign

As stated above, according to Ecuadorian electoral law, it is not possible to conduct an electoral campaign while holding a public office in the Ecuadorian State. Initially, Noboa said that he would not resign from the Presidency because, despite being a candidate, he would not conduct an electoral campaign.

However, his legal team soon realized that this could be very detrimental to his political interests and could be used by his political rivals to accuse him of using public funds while he was a candidate. For example, by not resigning, Noboa would continue to receive a salary from the State while the electoral campaign runs, which would allow him to have more money–thanks to the State–to campaign. In addition, any inauguration of construction work could be interpreted as a proselytizing act in view of the elections of 2025.

This was evidenced last Sunday, January 5, when a group of citizens who support Noboa gathered around the Government Palace (which had been decorated with flags of Ecuador). The President went out to the presidential balcony to greet his followers, affirming, “All of you here today, together with this government, are going to achieve a resurgence in the country in five weeks,” alluding to the presidential election. According to lawyer Gonzalo Muñoz, an expert in constitutional law, “The first electoral infraction was committed on January 5: Noboa induced the vote from the Carondelet Palace [public property], which demonstrates Noboa’s profound disregard for the Constitution and the law.”

Perhaps that is why Noboa decided to change his original plan. He will now campaign and has therefore decided to entrust the presidency, for a few days, to his unilaterally chosen Vice President, Cynthia Gellibert. Through an official decree (No. 500), Noboa attempted to legalize his unilateral appointment of Gellibert, “due to the temporary absence of the President of the Republic for the circumstance of force majeure”.

Criticisms against Noboa’s “force majeure”

But, what exactly is this “circumstance of force majeure”? The National Assembly has rejected Noboa’s decree. “To engage in political proselytizing or conduct an electoral campaign is not a cause of force majeure; compliance with the law is not a cause of force majeure,” said Alejandro Muñoz, Secretary of the National Assembly.

Muñoz also added, “It is possible that, [Noboa] by using public resources, is committing a presumed crime of embezzlement, that could provoke a political trial against him by article 129 of the Constitution”.

Several political leaders, intellectuals, academics, and lawyers have joined in these criticisms. They see in this series of actions a clear anti-democratic attitude on the part of Noboa. The criticism is not limited to sectors from the left. Even the former right-wing president, Osvaldo Hurtado, has declared that “[Noboa] is incurring the crime of embezzlement by not [temporarily resigning] the position of president and thus illegally using public funds [for the campaign]”.

For his part, Gonzalo Muñoz affirms that “The government is ignoring the law, it is undermining the presidential election…Noboa has to stop governing because he is a candidate in the electoral campaign, and there cannot be inequality with the other candidates.”

Regarding the case of the Vice-Presidency, Muñoz says that the arbitrary designation of the vice-president “contravenes the constitution and the rule of law. To illegally appoint a citizen who has no democratic legitimacy…violates the constitution. Noboa’s decree lacks legal efficacy and should be sued.”