A Conversation with the Attorney General of the Republic of Ecuador, Diego García

By Cameron Combs
September 28, 2012

With trade benefits on the chopping block in the US Congress, Ecuadoran officials are working hard to counter perceptions that their country is hostile to international investment. On September 17, ambassador to the US Nathalie Cely asserted in an open letter to the Office of the US Trade Representative that "Ecuador has an unblemished record of satisfying every monetary arbitration award against it," a refutation to calls from the US Chamber of Commerce and other business advocacy organizations for the country’s suspension from the Andean Trade Preference Act.

In this spirit, Ecuador’s attorney general Diego García visited the Dialogue to answer questions regarding the legal defense of the country in international disputes. (For reference, a presentation containing specifics on several high-profile cases and damages paid may be accessed here.) His argument was straightforward: Ecuador respects its international obligations, but uses all of the available legal tools to defend itself and its national interests.

To buttress the former, García cited the country's first case involving Occidental Petroleum and that of Duke Energy, both of which produced unfavorable rulings for Ecuador. Nevertheless, the state paid over 100 million USD as stipulated by international arbitrators. Regarding pending cases, notably long-standing disputes involving oil giant Chevron, the attorney general affirmed that the state was not delaying the judicial process. Rather, the defense was simply exploring all viable avenues for appeal and balancing the country’s commitment to human rights.

Yet there are still concerns regarding the autonomy of the judicial system and the application of the country’s 2008 constitution – criticized as overly favorable to national industry – to cases predating its adoption. García dismissed such charges, reiterating the judiciary’s independence and the common practice of presidents issuing public statements on legal matters, as President Barack Obama did during the BP oil spill.

The Inter-American Commission on Human Rights (IACHR), heavily criticized by several governments and recently abandoned by Venezuela, was another pressing topic. The attorney general affirmed Ecuador’s commitment to the IACHR, but presented several concerns. Among these worries are the incentive for plaintiffs to bypass their national judiciaries and present cases directly to the regional body, and the lack of clarity regarding the motivations behind the international court’s decisions.

As the chair of the National Council against Money Laundering, the attorney general rebutted the notion that Ecuador is shirking its responsibilities to combat terrorism, citing collaboration with the Grupo de Acción Financiera de Sudamérica to implement reforms targeting money laundering.

While not within García’s purview, audience members engaged the attorney general on political issues, namely allegations of a repressive media climate in the country. García responded that relations between his office and the media remained respectful and professional, while clarifying that he did not speak on behalf of the executive.