Ecuador fines activists behind Yasuní referendum, setting a precedent against democratic participation.

This decision comes after the unfounded complaint filed by the National Electoral Council (NEC) had been dismissed at first instance.

Sanctions imposed on members of the Ecuadorian civil society collective YASunidos were issued following the NEC's complaint concerning the campaign’s financial reports.

Reports were submitted, and subsequent corrections were provided at the request of the National Electoral Council. Nevertheless, the authorities treat this case as a failure to submit financial documents, citing an accounting difference of USD 0.39 as evidence of non-compliance, which raises questions about proportionality, due process and transparency in the application of electoral law. The case was dismissed after the initial hearing. Weeks later, following NCE's appeal, the Electoral Disputes Tribunal issued a sanctioning decision that confirms the use of the electoral apparatus to punish civic organisations. 

“This is an unprecedented and unscrupulous attack on people’s right to democratic participation,” said Caroline Vernaillen, Lead Global Policy and Advocacy at Democracy International. “The YASunidos did nothing more than exercise their legal right to mobilise citizens for a national vote on their constitutionally protected rights under Ecuador’s Pachamama provisions, which enshrine the rights of nature in the constitution. The intended effect of it is clearly to intimidate and deter citizens from making use of their democratic rights and will have a grave chilling effect on democracy in Ecuador.” 

YASunidos has called for international attention and support following the decision.
Democracy International e.V. holds that democratic participation must be protected through proportional and transparent procedures.

Links:

- Watch our mini-documentary on the YASunidos campaign leading up to the 2023 referendum.

- YASunidos' full statement (in Spanish).