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Ecuador

Last updated: November 5, 2024

Recent Developments

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

Introduction

Civil society in Ecuador has its origins in charitable and voluntary organizations that provided services to the poor and vulnerable at the beginning of the 20th century. In the 1950s these organizations evolved into developmental civil society organizations (CSOs) that provided assistance to the disabled, engaged in family planning, and supported educational programs. During the 1960s and 1970s, CSOs emerged to focus on urban development, environmental protection, and women’s issues. The expansion of public services (education, health, water, and irrigation) during this period also led to the formation of parents’, teachers’, and students’ associations; housing, water, and irrigation associations; as well as neighborhood associations. In the 1980s and 1990s, new CSOs dedicated to protecting civil, political, cultural or indigenous people’s rights, gender equity and the environment were created. It was during this period that organizations like the CONAIE (Confederation of Indigenous Nationalities in Ecuador) were established, and civil society actors actively engaged with government and played a key role in drafting the 1998 and 2008 Constitutions.

Today, Ecuador has an active and diverse civil society comprised of corporations, foundations, private and public sector unions, professional and business organizations, and numerous informal organizations, such as church groups, sports clubs, and youth groups. Although Ecuador has a high level of CSO membership, the level of civic engagement and citizen participation is low. Notably, since the Constitutional Court declared unconstitutional the obligatory affiliation to Chambers of Commerce and professional associations on May 14, 2008, the number of members of these types of CSOs has diminished. On the other hand, the government in February 2007 created the Secretary of People, Social Movements and Citizen Participation, which is in charge not only of CSO registration, but also responsible for maintaining communication with CSOs and encouraging citizen participation. During President Lenin Moreno’s administration from May 2017 to May 2021, it became possible for non-profit social organizations to be registered electronically through the ministry related to the specific activities of the CSO.

In the past 15 years, CSOs have been subjected to restrictive regulatory measures. For example,, Executive Decree No. 16 of 2013 created the National Secretary of Politics Management, which is responsible for regulating social and civic organizations. The Secretary and other government agencies routinely hacked CSOs’ email accounts without court order; blocked online content published by activists; imposed excessively burdensome fines on CSOs; and seized CSOs’ assets. Moreover, Executive Decree No. 16 was used to justify involuntary termination on vague grounds; for example, in December 2013, the government dissolved Foundation Pachamama on the grounds that it was not “fulfilling its objectives” and that it was “acting like a political party that affects the internal security of the state as well as public peace.” (On November 17, 2017, the Ministry of Environment issued a resolution reinstating Foundation Pachamama’s legal personality.) In addition, Executive Decree 739 of 2015 required all CSOs to report the funding they receive and activities they conduct to the executive branch of the government, thereby deterring contributions for critical causes.

In October 2017, Decree 193 entered into force, replacing Executive Decrees 16 and 739. While Decree 193 simplifies requirements for granting legal personality to social organizations, the project director of Fundamedio, Mauricio Alarcón, argued that CSOs that applaud the revocation of Executive Decrees 16 and 739 do not understand that Decree 193 “is more of the same.” Decree 193 continues the government practice of regulating social organizations by executive decree rather than by a law, as the Constitution mandates, and fails to define procedures for dissolution.

On May 24, 2021, Guillermo Lasso was sworn in as president. He expressed his full support and respect for CSOs and affirmed in his initial speech that there would be an atmosphere of total freedom for their operations. One month later, in June 2021, Ministerial Decision No. MIES-2021-036 came into effect. It contains “General Rules for the Attention of Procedures of Social Organizations and the Application of the Regulation for the Granting of Legal Personality to Social Organizations, issued by Executive Decree No. 193 of October 23, 2017.” This Ministerial Decision is applied to all social organizations that are registered with, or request to be registered with, the Ministry of Economic and Social Inclusion with regard to the following processes:

  1. Approval of the Statute and Granting of Legal Personality;
  2. Reform and Codification of Statutes;
  3. Internal Democratic Regime (Board registers and register of inclusion and exclusion of members);
  4. Dissolution and Liquidation;
  5. Reactivation;
  6. Operation Control;
  7. Certification of Legal Existence; and
  8. Replenishment of Documents.

The Ministerial Decision is generally viewed as a positive development because it allows government bodies to adopt more effective measures to regulate social organizations. Unfortunately, however, the Ecuadorian government still regulates the right of association through a model that has mostly abandoned the rules of the Civil Code and the principle of constitutionality. For example, since 2010, the Organic Law on Citizen Participation has been in force, but it is interpreted in a narrow perspective that requires all CSOs to acquire legal status before operating.

In October 2023, Daniel Noboa, whose family runs a business empire, was elected as Ecuador’s next president. His win came as Ecuador was facing a spike in violent crime and drug trafficking. Guillermo Lasso had also invoked “muerte cruzada,” or “mutual death,” in May 2023 to dissolve the parliament ahead of an impeachment vote. In January 2024, Noboa “declared war” against gangs, which led to comparisons between Noboa and El Salvador’s president, Nayib Bukele. Noboa has, however, promised that he will not seek “to change the constitution to stay longer in power or to declare myself a dictator.”

Civic Freedoms at a Glance

Organizational FormsCorporation, Foundations, National and Foreign Social Organizations, and Management or Social Organizations, which are founded by institutions or the state and may apply for inclusion within the registry system.
Registration BodyState Ministries through the RUOS (Unique Registry of Social Organizations) and SUIOS (Unified System of Social Organizations Information) website.
Approximate Number66,979 (according to the social organizations unique registry – www.sociedadcivil.gob.ec)
Barriers to FormationSecond and third degree Corporations and Foundations may not attain legal status without possessing USD 4,000; Registration applicants must submit the nationality, general data and identity cards of all its members.
Barriers to OperationsLimited political activity and and wide public discretion to control and dissolve CSOs.
Barriers to ResourcesRequired accreditation from RUOS (Unique Registry of Social Organizations) to access public resources.
Barriers to ExpressionCSOs and media outlets that are critical of the government may be subject to disproportionately burdensome financial penalties, unfair court proceedings, and may be dissolved by an administrative procedure.
Barriers to AssemblyWide discretion for protesters to be penalized for any political act based on the vaguely written Organic Integral Penal Code, which has 29 articles about crimes against the constitutional state structure, such as sabotage and paralyzation of public services.
ORGANIZATIONAL FORMS

According to Article 4 of Decree No. 193 there are three types of CSOs:

  1. Corporations;
  2. Foundations; and
  3. Other structures of national or foreign social organizations.

Article 9 of Decree No. 193 also states that corporations will be classified in the first, second, and third degree:

1. Corporations of the first degree are those that bring together individuals under a common goal and include associations, clubs, committees, professional associations, and centers;

2. Corporations of second-degree are those that bring together multiple corporations of the first degree, such as federations, chambers, or unions; and,

3. Corporations of third-degree are those that bring together multiple corporations of   the second degree, such as confederations, national unions, and similar organizations.

PUBLIC BENEFIT STATUS

The tax law and its corresponding regulations exempt CSOs dedicated to public benefit, religious activities, women, children and family development, culture, arts, education, research, health, sports, professional, unions, indigenous people, cooperatives, federations, confederations and other associations of peasants from paying the annual income tax. To receive this exemption the CSOs must satisfy the following requirements: (i) income from donations must be less than 15% of total income; (ii) the organization must be a nonprofit organization; (iii) all income must be dedicated to the object of the organization; and (iv) any excess income should be re-invested in the organization. There is no special tax treatment for income from foreign sources.

PUBLIC PARTICIPATION

Since 2008, Ecuador has had five branches of government: the executive, legislative, judicial, electoral, and transparency and social control. The latter branch provides oversight of public sector entities and organizations, as well as private sector bodies that provide services or carry out activities in the public interest, to ensure that they carry out such activities responsibly, transparently, and equitably. In addition, the transparency and social control branch promotes and encourages citizen participation, protects the exercise and fulfillment of rights, and combats corruption.

The transparency and social control branch is comprised of the Council of Citizen Participation and Social Control, the ombudsman’s office, the state comptroller general’s office, and the superintendencies. These entities have legal personality and administrative, financial, budgetary, and organizational autonomy under the law. According to the Ecuadorean constitution, the Council of Citizen Participation and Social Control promotes the exercise of the rights related to citizen participation, organizes mechanisms of social control on issues of public interest, and designates the relevant authorities in accordance with the law. The Council has been unable to function properly, however, as all the Council members were dismissed by the Constitutional Court in January 2023.

The Council is comprised of seven counselors and seven substitutes. The counselors then select a president, who serves as the Council’s legal representative. All counselors must be citizens with experience in social organizations, citizen participation, and the fight against corruption, or come from a profession that demonstrates civic commitment and defense of the general interest. The counselors may not have been members, adherents, or leaders of political parties or political movements during the previous five years.

BARRIERS TO FORMATION

Decree No. 982 included several provisions that increased barriers to obtain legal status for CSOs. First, CSOs could not obtain legal status without possessing at least $4000 in the case of second- and third-degree organizations or $400 for first-degree organizations.  Second, the Decree mandated that all of a CSO members be individually identified on an internet-accessible registry in order for the CSO to legally exist.

Decree No. 193, which superseded Decrees No. 16 and 739, maintained the former’s burdensome provisions for organizations to obtain legal entity status, andDecree No. 16, which itself succeeded Decree No. 982, created more burdensome provisions for organizations to obtain legal entity status. There were three critical provisions in Decree No. 16:

  1. CSOs must prove they possess assets in kind or cash as follows: first-degree corporations must prove assets in kind or cash of USD 400; and second- and third-degree corporations and foundations must prove assets in kind or cash of USD 4000. However, a social organization is exempt from this asset requirement if its objectives are in the “defense of rights.”
  2. All bylaws must respect the conditions established by the Decree for the authorities to approve organization.
  3. The organization must submit the nationality, general data, and identity cards of all its members to the registry.

In addition, The Ministry of Economic and Social Inclusion published Ministerial Agreement No. 12 on October 25, 2016 to repeal or abrogate the former Ministerial Decision No. 00366 of 2014. The new Ministerial Agreement stipulates that civil organizations that work and develop activities within the field of competence of the Ministry of Economic and Social Inclusion will only have their statutes approved and obtain legal personality if their aims and objectives are framed in terms of the following: defense of groups of priority attention or populations that are in a state of poverty and vulnerability, promotion of development and social mobility, or strengthening the economy. These aims and objectives are based on the Statute of Organizational Management by Processes of the Ministry of Economic and Social Inclusion.

An Instruction Notice in February 2015 also established standardized procedures for the transfer of social organizations’ files as a means to implement the Regulation for the Unified System of Social and Civic Organizations Information Functioning.

Dissolution

Article 19 of Decree No.193 maintained two restrictive provisions related to dissolution of social organizations, including “deviating from the purposes and objectives for which it was constituted” and “engaging in partisan politics activities”, which are reserved for political parties and movements registered within National Electoral Council.

The wide discretion given to public servants to dissolve CSOs was previously demonstrated in the resolution of the Environmental Ministry issued on December 4, 2013, to dissolve Foundation Pachamama on the grounds that the CSO was not “fulfilling its objectives” and was “acting like a political party that affected the internal security of the state as well as public peace.” On February 12, 2014, the Ministry of Environment turned down Pachamama’s appeal and ruled that its fundamental and constitutional rights had not been violated.

Another high-profile case of restrictions being imposed on civil society occurred on July 20, 2016, when the Education Ministry began legal proceedings for the dissolution of the National Education Union (UNE). UNE is one of the oldest and largest trade unions in Ecuador. Because the proceedings are unconstitutional UNE has appealed for direct intervention of the Director General from the International Labour Organization (ILO). The Ministry of Education also reported that there are nine other CSOs that were notified in July 2016 about their alleged breach of regulations regarding the election of officers and registration under the statutes governing each organization.

BARRIERS TO OPERATIONS

Decree No. 193 establishes that, as in Decree No. 739, foundations and corporations are subject to operational controls regarding the use of public resources, taxation, and customs, among others, and must work towards attaining their corporate purposes. However, Decree No. 193 eliminates the obligation to provide minutes of assemblies, economic reports, audit reports and other information to the State, which was previously stipulated in Decree No. 739.  In addition, the Single Registry of Social Organizations (RUOS) was removed in Decree No. 193.

According to the Decree No. 193, corporations and foundations may still face a range of restrictions, such as:

  1. The ministry that granted the CSO legal existence may verify documents as well as the fulfillment of objectives and purposes.
  2. The state can control the transfer of public funds to a CSO.
  3. The state can tax CSOs.
  4. The state has the right to exercise all the controls established within the laws.

Barriers to International Contact

In July 2014, three foreign activists were detained under the pretext that the government needed to check their immigration status. The activists were associated with the environmental CSO Foundation Pachamama, which was shut down in December 2013 for “interfering with public policies that undermine internal or external State security that might affect public peace.” These arrests could deter foreigners from carrying out activities with CSOs in the country.

In addition, the National Service of Ecuadorean Customs can control foreign transactions with CSOs.

BARRIERS TO RESOURCES

There are no legal barriers to seek and secure resources. However, the government at any moment may ask corporations and foundations for their economic reports whenever they deem necessary.

BARRIERS TO EXPRESSION

President Rafael Correa continually criticized and verbally attacked CSOs for being out of control and political pawns that are being used against him and his government.  His statements helped create a hostile atmosphere for civil society and may have resulted in chilling CSO advocacy activities. Similarly, President Correa cracked down on media outlets that criticize his policies and decision-making. For example, he sued a media outlet that criticized his handling of a protest in 2011 and deployed his lawyers to pressure the judges to rule in his favor.

In addition, in October 2013, a tweet from the official account of the presidency quoted President Correa as “criticizing NGOs that do not contribute to overcoming poverty” after CSOs appeared before the Inter-American Commission on Human Rights (IACHR) to denounce restrictions on freedom of association and expression in Ecuador. Senior government officials and supporters also attacked the CSO representatives who appeared before the IACHR on Twitter and in the press as politicians, owners of newspapers, and recipients of foreign funding. President Correa also criticized CSOs such as Foundation Pachamama and other environmental groups on his weekend radio program for protesting against negotiations with international businesses over gas and oil exploitation rights in Ecuador’s indigenous territories. After this criticism, the government shut down Pachamama for violating the provisions of Presidential Decree No. 16, namely “interfering with public policies that undermine internal or external State security that might affect public peace.” The government confirmed the closure and dissolution of Pachamama once all judicial measures were exhausted.

Years later, during a period of mounting political instability ahead of general elections in August 2023, journalists were being subjected to growing hostility from the country’s politicians. A Correa-backed presidential candidate who was leading in the polls, Luisa Gonzalez, but still ended up losing the election, had attacked critical journalists. She called them names, such as “pseudo-journalists,” “information traffickers” and “hit men” paid to destroy reputations.

BARRIERS TO ASSEMBLY

The Constitutional provisions governing assembly include:

Art. 66.13:
 The State recognizes and guarantees the people the right to associate, meet, and demonstrate or protest freely and voluntarily.

Art. 98: Individuals and groups may exercise the right of resistance against acts or omissions of public authority as well against natural or legal persons that violate or may infringe their constitutional rights and may claim or demand the recognition of new rights.

There is no specific law on assembly or public gatherings, but there are laws that affect this right:

  • The Organic Code of Territorial Organization, Autonomy and Decentralization places municipalities or city halls and rural governments in charge of promoting the association of micro-entrepreneurs. Municipalities are also responsible for the use of public spaces, so if there are public gatherings, demonstrations, or marches, the organizers must ask for the Municipality’s permission.
  • The Penal Code sets forth the police duty to guarantee all kinds of civil or religious associations and entitles the police to prevent and dissolve those that have as their objective to disturb the peace or commit an offense. Police authorities shall determine appropriate measures applicable to the case.

There are several key barriers that affect the freedom of assembly:

Advance Permission 

If an assembly, protest, or public gathering is planned for a public place, the organizers are required to secure permission from the municipality and the Police Superintendent within the Ministry of Interior. There are no regulations, however, regarding how many days before holding an assembly, protest, or public gathering that notice is required or what information the organizer must provide.

There is no fixed period of time in which the regulatory authority must respond to the application. However, there is a general regulation for all the executive authorities, as well as the Police Superintendent, to respond to any petition within 15 business days. There is a presumption of approval where the authority does not respond.

Since advance notice is required, spontaneous demonstrations are not allowed. Indeed, the Penal Code in Article 153 states that “Whoever promotes, directs or organizes parades or public demonstrations in streets, squares and other open spaces, whenever done ​​without written permission from the competent authority, … shall be punished with imprisonment of one to three months and a fine of nine to twenty-six dollars of the United States of North America.”

Time, Place, Manner Restrictions

In ordinary circumstances, there are no prohibitions for assemblies at any place or time. However, according to the Constitution, the President can declare a state of emergency in the entire country or in certain parts of the country when there are “severe external or internal conflicts.”

Criminal Penalties

Under the newest Penal Code regulations, Articles 345 and 346 establish sabotage and paralyzing public services as “crimes against the constitutional state structure.”

Additional Resources

GLOBAL INDEX RANKINGS
Ranking BodyRankRanking Scale
(best – worst possible)
UN Human Development Index83 (2023)1 – 193
World Justice Project Rule of Law Index96 (2023)1 – 138
Transparency International115 (2023)1 – 180
Foreign Policy: Fragile States Index90 (2024)179 – 1
Freedom House: Freedom in the WorldStatus: Partly Free
Political Rights: 29
Civil Liberties: 38 (2024)
Free/Partly Free/Not Free
40 – 1
60 – 1
REPORTS
UN Universal Periodic Review ReportsEcuador UPR page
Reports of UN Special RapporteursEcuador
UN Human Rights CommitteeConcluding observations on the combined twenty-third and twenty-fourth periodic reports of Ecuador (2017)
U.S. State Department2023 Country Reports on Human Rights Practices
Fragile States Index ReportsForeign Policy: Fragile States Index
IMF Country ReportsEcuador and the IMF
Comité Permanente por la Defensa de los Derechos HumanosComité Permanente por la Defensa de los Derechos Humanos) named: “Situation of Human Rights in Guayaquil. 2014 Report
International Center for Not-for-Profit Law Online LibraryEcuador
NEWS

Ecuador NGO report identifies 45 human rights violations by public officials under executive decree 111 (July 2024)
The Regional Human Rights Advisory Foundation (Inredh) of Ecuador presented its report on human rights violations under Executive Decree 111, in which it recorded 45 cases of violations perpetrated by public officials. The NGO’s 28-page report documents and analyses complaints made by citizens from January 8 to April 8 of this year, which were collected through various social media platforms.

Business heir Daniel Noboa sworn in as Ecuador president (February 2024)
Daniel Noboa has been sworn in as Ecuador’s new president, promising to reduce violence and create jobs in the country gripped by a bloody drug war. The 35-year-old heir to a banana business empire won a run-off vote in October on promises to restore security and boost employment in the South American country, which has faced economic challenges since the coronavirus pandemic, pushing thousands to migrate.

Authorities must safeguard human rights amidst pre-electoral violence (August 2023)
Amnesty International is extremely concerned at the current state of violence in Ecuador, which is facing a sharp increase in its homicide rate as well as a series of killings of candidates for public office in recent weeks, culminating with the seemingly politically motivated killing of Fernando Villavicencio last night. The victims of the current spate of political violence deserve truth, justice and reparation and authorities must take swift action to investigate these crimes. At the same time, the state of emergency declared in response to these events must not open the door to grave human rights violations that could undermine the security of Ecuador’s population as a whole.

Ecuadorian Women March against Gender Violence (October 2022)
Ecuadorian women took to the streets to protest against the 206 femicides already recorded in the country during 2022 in the aftermath of María Belén Bernal’s murder. The 34-year-old lawyer went to visit her partner at the Police Academy in Quito and was not heard from for days until her body was found in a nearby bush. The man, a police lieutenant, is still at large. After sacking two police generals as well as Interior Minister Patricio Carrillo, President Guillermo Lasso announced the creation of a gender-violence unit in each state agency and pledged to increase the budget for the enforcement of the Law for the Eradication of Violence against Women.

ARCHIVED NEWS

Representatives of Civil Society Propose Dialogue between Government and Protesters (June 2022)

New Initiative to Strengthen Civil Society (April 2022) (Spanish)

Launch of the Coalition for Freedom of Association (April 2021) (Spanish)

IACHR Announces Observation Mission to Ecuador in Response to Protests (October 2019)

Massive Mobilisation of International Civil Society on Global Anti-Chevron Day (May 2019)

Dialogue with Civil Society: Halfway There (May 2018) (Spanish)

Campaign for Popular Consultation and Referendum Ends in Ecuador (February 2018)

Ecuador adopts a new approach towards foreign investment (January 2018)

Pachamama NGO will return to work (November 2017) (Spanish)

The repeal of decree 16-739 does not improve the situation of civil society (November 2017) (Spanish)

President Moreno has revoked two executive decrees (October 2017) (Spanish)

Civil society is organizing to demand a popular consultation (September 2017) (Spanish)

Code of Participation “Stabs” Civil Society (August 2017) (Spanish)

Decrees 16 and 739: Simple mechanisms to dissolve organizations? (May 2017) (Spanish)

Freedom of association in check (May 2017) (Spanish)

Draft Organic Code of Citizen Participation and Social Control (April 2017) (Spanish)

State of civil society (April 2017) (Spanish)

“We don´t want Ecuador to end up like Venezuela” (March 2017) (Spanish)

Ecuador: Universal Periodic Review, October 2016 (October 2016)

How to register social organizations (August 2016) (Spanish)

The Two Readings of the UN Human Rights Report (August 2016) (Spanish)

Nine Organizations Face Dissolution (July 2016) (Spanish)

National Union of Educators (UNE) Faces Dissolution (July 2016) (Spanish)

Citizen group takes stock of the citizen participation ordinance (February 2016)

Condemning Denial-of-Service (DDoS) Attacks on Fundamedios (January 2016)

Constitutional Amendments Approved in Ecuador (December 2015) (Spanish)

Dissolution of Fundamedios Threatens All CSOs (September 2015) (Spanish)

CSOs Call for Repeal of Decree (September 2015) (Spanish)

Fundamedios Threatened with Dissolution (June 2015) (Spanish)

CSOs brief CEDAW on Situation of Women in Ecuador (March 2015)

Decree No. 16 keeps social organizations on the edge (February 2015) (Spanish)

Government enacts rule to have organized implementation of Decree No. 16 (February 2015) (Spanish)

Facebook Pages of Government Critics Censored (September 2014) (Spanish)

Deadline to Complete the New Registry System (July 2014) (Spanish)

At odds with Ecuador, USAID moves to leave (July 2014)

Activistas son detenidos en distintos actos represivos (July 2014) (Spanish)

Participación Ciudadana (PC) that monitors elections is under Supervision of the Secretariat of Communications (SECOM) (March 2014) (Spanish)

Ministerio del Ambiente rechaza recurso de apelación interpuesto por Fundación Pachamama (Febrero 2014)

Ecuador Uses Presidential Decree Powers to Shut Down NGO (December 2013)

El Gobierno cierra la ONG Pachamama por protestas (Diciembre 2013)

Human Rights Watch calls on Correa to revoke Decree No. 16 (August 2013)

Defenders of Pachamama Protest Breach of the Mining Mandate (May 2013)

Ecuador the latest ‘XXIst Century Dictatorship’? (February 2013)

NGO petition yields results for Amazon (January 2013)

Ecuador’s president proposes freedom of expression as a function of the State (November 2012)

UNHCR chief highlights role of CSOs on World Refugee Day (June 2012)

Ecuador’s indigenous peoples reach Quito after 600km March for Water, Life and Dignity (March 2012)

Ecuadorean Court of National Justice accepts President Correa’s pardons in libel cases involving the media (February 2012)

Civil society organizations respond to government regulations in Ecuador (June 2011)

According to Human Rights Watch the legal actions taken by President Correa represent a step backwards on freedom of expression (March 2011)

NGOs to publish manifesto on proposed draft regulations (January 2011)

Human Rights Watch calls for Ecuador to withdraw proposed Presidential Decree on civil society (December 2010)

Ecuador: Modify proposed Communications Law (August 2010)

Ecuador agrees to keep Amazon Eco-Treasure free of oil drilling (August 2010)

Civil society organisations in Argentina, Colombia, Ecuador and Uruguay aim to strengthen their accountability practices (May 2010)

Ecuador holds big drive to register Colombian refugees (March 2010)

Key Events

On July 31, 2022, more than 50 representatives of social organizations from Ecuador inaugurated the Training School for Leaders.