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The decision blocks the right-wing president's unconstitutional attempt to bypass the National Assembly. Still, this is just one step in Ecuador's continued fight for its Constitution and its democracy.
In a major rebuke to President Daniel Noboa, Ecuador's Constitutional Court ruled unanimously on March 9 that his controversial Bilateral Investment Treaty with the United Arab Emirates cannot be fast-tracked and must be approved by the National Assembly.
The decision blocks the right-wing president's unconstitutional attempt to bypass the National Assembly. Still, this is just one step in Ecuador's continued fight for its Constitution and its democracy.
This treaty is the test case for a far broader corporate coup, one that aims to resurrect a legal weapon Ecuador’s people have repeatedly rejected: Investor-State Dispute Settlement (ISDS).
The treaty, signed in a rushed ceremony in December 2025, was littered with errors, referencing the non-existent "United Arab States" and citing provisions that aren't there. When Ecuador’s pro-corporate Constitutional Court rightly demanded a corrected text, it asked for an English version, a bizarre move in a Spanish-speaking republic.
“We are witnessing a government ignoring its own Constitution and the will of its people to serve the interests of transnational capital."
In response, Noboa issued an extraordinary decree authorizing Ecuador’s ambassador to unilaterally correct the text, bypassing normal diplomatic and legal channels.
The court has now sided with Ecuador’s progressive Constitution. However, that is not where this fight ends; instead, the treaty will have to be taken through a two-stage review process, unless Noboa decides to ignore the court altogether—a move that would be unsurprising given the young autocrat’s continued destruction and dismissal of Ecuador’s other branches of government.
The Constitutional Court will have 30 days to conduct a second, deeper review of the treaty's content to verify its full conformity with the Constitution. If the treaty survives that scrutiny (or if the court does not respond in 30 days), it will go to the National Assembly, where it requires absolute majority approval. Currently, Noboa’s party only has two-fifths of the total assembly seats, with leftist, pro-Indigenous, and some centrist parties occupying the rest.
The urgency of this corporate agenda explains the government's simultaneous brutal crackdown on democratic opposition. In a move that has drawn international condemnation, an electoral judge, on the request of the Noboa-aligned prosecutor general, suspended the country's largest opposition party, the left-wing Revolución Ciudadana (RC), for nine months.
The RC would not be able to conduct any political activities, or run in the 2027 local elections. The left-wing party, which won 44% of the vote in the last presidential election, controls the country's largest cities, including Quito and Guayaquil.
Interestingly, the right-wing pro-Trump billionaire president has himself been credibly accused of electoral fraud, corruption, and stakes in the drug-trafficking trade.
The case against RC relies on the testimony of an individual awaiting trial for child sexual abuse, who was given preferential treatment in prison in exchange for implicating the party on cooked-up money laundering charges. This follows the February pre-trial detention of Guayaquil's Mayor, Aquiles Alvarez, another opposition leader targeted by the prosecutor general. This thus follows a long pattern of Noboa's crackdown on opposition. The right is also cutting off the opposition's ability to vote against Noboa's measures in the assembly.
The UAE BIT contains ISDS provisions that grant foreign investors the right to sue Ecuador in international tribunals for billions over laws or policies that harm their profits, and those they expect to make in the future, including environmental and health regulations that protect local and marginalized populations. This is explicitly prohibited by Article 422 of Ecuador’s Constitution, a prohibition upheld by the people in national referenda in 2024 and again in 2025.
“This is all very clearly unconstitutional,” says Ladan Mehranvar, a senior legal researcher at the Columbia Center on Sustainable Investment who focuses on international investment law and human rights. “They are trying to push the BIT through by sidestepping constitutional safeguards, including the requirement of prior approval by the National Assembly,” she added.
“We are witnessing a government ignoring its own Constitution and the will of its people to serve the interests of transnational capital,” said Pedro Labayen Herrera and Mario Osorio, both researchers with the Center for Economic and Political Research (CEPR) in Washington. “They are fast-tracking the UAE treaty by claiming it requires only executive ratification, thus avoiding the scrutiny of the Ecuadorian legislature and the public. That is simply false.”
There are serious concerns about the court’s independence. One justice, Claudia Salgado, nominated by Noboa, comes from a family of legal and arbitration specialists and has previously written on Ecuador’s constitutional ban on ISDS. Her apparent shift, alongside pressure from an executive that has publicly attacked and threatened the Constitutional Court judges, paints a picture of a state institution under siege. “Either the Constitutional Court is captured, or it feels threatened,” Mehranvar noted.
So why such a reckless, rushed push for a treaty with the UAE? Because it is the blueprint and the battering ram for something far more consequential, namely, a Free Trade Agreement with Canada and other pro-corporate actions that would permanently lock in ISDS for the (mostly foreign) mining industry.
There is also significant personal corruption at play. The Noboa family holds a significant stake in Silvercorp, a Canadian mining company, as well as other financial holdings with direct interests in ISDS and the president’s deregulation crusade.
An ISDS chapter in a Canada-Ecuador FTA would directly benefit the president’s own financial interests, allowing corporate actors, potentially including his family’s holdings, to sue the Ecuadorian state. “ISDS is a tool for the Noboa family to protect their own financial interest,” said Herrera and Osorio.
This agenda is being synchronized with a brutal domestic deregulation campaign. In late January, Noboa proposed gutting Ecuador’s Mining Law by replacing the mandatory environmental license with a simplified authorization, which local Indigenous groups say decimates their constitutional right to prior consultation, a key tool they use to oppose harmful extractive projects. Ecuador is one of the most biodiverse countries on Earth; about half of its territory is made up of the Amazon rainforest and Indigenous lands.
Combined with ISDS, this creates a vicious trap—remove environmental safeguards now, deter future governments from reinstating them, and use international tribunals to sue any future government that tries to reinstate them for “indirect expropriation” of future profits.
Companies could do this even without any intent to finish the projects, or invest while knowing that the projects are legally or politically untenable, winning out on billions of dollars in Ecuadorian taxpayer funds, at a time when Ecuador is facing a historic financial, energy, and security crisis, and remains one of the poorest countries in the Western Hemisphere.
The United Nations special rapporteur on human rights and the Environment has argued that ISDS has catastrophic consequences for climate action and human rights. Nobel prize-winning economist Joseph Stiglitz has even argued ISDS is “litigation terrorism,” while even the libertarian Cato Institute has said the mechanism actually threatens the rule of law, growth, and investment.
This deal and its progenitors represent the fusion of state and corporate power against democracy. It was preceded by the violent crushing of protests against subsidy removals, the criminalization of water defenders, and the continued advancement of mining projects in sensitive ecosystems like the Amazon and near the Yasuní National Park, despite, once again, popular referenda opposing them. The Noboa government has conducted a war against democracy, the rule of law, and human rights.
If the court and National Assembly allow this breach, the floodgates open for a corporate takeover dressed as trade policy, with only global mining capital standing to gain. Ecuador’s people have resisted corporatocracy many times over. Their government is now trying to force it on them by decree, while suppressing all opposition. At a time when global democracy and rights are falling off a cliff, the world must heed this crucial test.
Their report detailed the Rapid Support Forces' "systematic pattern of ethnically targeted killings, sexual violence, destruction, and public statements explicitly calling for the elimination of non-Arab communities."
Independent United Nations human rights experts released a report Thursday detailing allegedly genocidal crimes committed by Sudanese rebels during an October offensive in Darfur, where thousands of people were killed and others tortured, raped, and starved during the capture of el-Fasher.
The Independent International Fact-Finding Mission for the Sudan report, titled Hallmarks of Genocide in el-Fasher, found that "genocidal intent is the only reasonable inference that can be drawn" from the Rapid Support Forces' (RSF) "systematic pattern of ethnically targeted killings, sexual violence, destruction, and public statements explicitly calling for the elimination of non-Arab communities, particularly the Zaghawa and Fur."
According to the mission's report, RSF—a United Arab Emirates-backed paramilitary force that originated from the Janjaweed militias used by the Sudanese government during the previous 2003-05 Darfur genocide—committed at least three genocidal acts as defined by the Genocide Convention: “killing members of a protected ethnic group, causing serious bodily and mental harm, and deliberately inflicting conditions of life calculated to bring about the group’s physical destruction in whole or in part.”
“The scale, coordination, and public endorsement of the operation by senior RSF leadership demonstrate that the crimes committed in and around el-Fasher were not random excesses of war,” said Mohamed Chande Othman, who chaired the expert panel. "They formed part of a planned and organized operation that bears the defining characteristics of genocide.”
A devastating report by the Independent International Fact-Finding Mission for the Sudan, finding that the 18-month starvation siege & subsequent atrocities during the fall of El-Fasher genocide, war crimes, and crimes against humanity.www.ohchr.org/sites/defaul...
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— Tom Dannenbaum (@tomdannenbaum.bsky.social) February 19, 2026 at 7:19 AM
The experts' investigation focused on events in and around el-Fasher—the capital of North Darfur—as RSF militants fought to take the area last October following an 18-month siege that deprived civilians of food, water, medical supplies, and humanitarian aid. The report says the siege “systematically weakened the targeted population through starvation, deprivation, trauma, and confinement."
The RSF captured el-Fasher last October 26. Its fighters ran roughshod over the city and its inhabitants, committing widespread atrocities including mass murder and summary executions, torture, rape, and kidnapping for ransom, according to the UN Human Rights Office, which said that more than 6,000 people were killed over a two-day period.
“We want to eliminate anything Black from Darfur," one RSF fighter allegedly told residents, according to the mission report.
"Is there anyone Zaghawa among you?" one militant is accused of asking. "If we find Zaghawa, we will kill them all."
Another survivor described starvation during the siege: “Life became unbearable. We were eating only... the food for livestock. When there was no more, we ate the skin of the animal. We soaked it in water and ate.”
In one of the worst atrocities of the el-Fasher offensive, RSF fighters massacred more than 460 people at the Saudi Maternity Hospital. One RSF militant recorded himself walking across a floor strewn with dead bodies and gunning down a survivor when they rise up from the pile of corpses.
The UN experts called RSF’s crimes in el-Fasher “an aggravation of earlier patterns” of attacks on other non-Arab communities in Sudan, “but on a far more lethal scale.”
"The body of evidence we collected—including the prolonged siege, starvation, and denial of humanitarian assistance, followed by mass killings, rape, torture and enforced disappearance, systematic humiliation, and perpetrators’ own declarations—leaves only one reasonable inference,” mission member Mona Rishmawi said.
“The RSF acted with intent to destroy, in whole or in part, the Zaghawa and Fur communities in el-Fasher," she added. "These are the hallmarks of genocide."
The Zaghawa and Fur are two of the largest non-Arab ethnic groups in Darfur. Both peoples have historically faced rampant discrimination and were targeted during the 2003-05 genocide. Many had already been forcibly displaced multiple times before the renewal of conflict in the spring of 2023.
That's when rival factions of Sudan’s military government—primarily the Sudanese Armed Forces (SAF) and their erstwhile RSF allies—began battling, with violence subsequently spreading rapidly throughout the northeastern African nation of 46 million people. The SAF has also been accused of widespread war crimes and has been blamed for famine conditions caused in part by its refusal to allow food aid to enter RSF-controlled areas.
The mission report lamented that "no effective measures were taken by any party to protect the civilian population," despite UN experts sounding the alarm as early as November 2023. US officials during the Biden administration were hesitant to accuse RSF fighters of genocide, reportedly because they thought it would spark criticism of then-President Joe Biden's denial of Israel's genocide in Gaza.
The US ultimately declared genocide in Darfur three weeks before Biden left office in January 2025—a determination affirmed by President Donald Trump's secretary of state, Marco Rubio, during his Senate confirmation process.
A group of US House Democrats led by Reps. Gregory Meeks (NY) and Sara Jacobs (Calif.) have called on the Trump administration to block weapons transfers to the UAE as it arms and finances the RSF and provides diplomatic cover for its atrocities.
Last March, Sudan filed a case in the International Court of Justice in The Hague, Netherlands accusing the UAE of "complicity in genocide."
Emirati officials strongly deny such allegations.
"This was a bribe," said one critic.
A bombshell Saturday report from the Wall Street Journal revealed that a member of the Abu Dhabi royal family secretly backed a massive $500 million investment into the Trump family's cryptocurrency venture months before the Trump administration gave the United Arab Emirates access to highly sensitive artificial intelligence chip technology.
According to the Journal's sources, lieutenants of Abu Dhabi royal Sheikh Tahnoon bin Zayed Al Nahyan signed a deal in early 2025 to buy a 49% stake in World Liberty Financial, the startup founded by members of the Trump family and the family of Trump Middle East envoy Steve Witkoff.
Documents reviewed by the Journal showed that the buyers in the deal agreed to "pay half up front, steering $187 million to Trump family entities," while "at least $31 million was also slated to flow to entities affiliated with" the Witkoff family.
Weeks after green lighting the investment into the Trump crypto venture, Tahnoon met directly with President Donald Trump and Witkoff in the White House, where he reportedly expressed interest in working with the US on AI-related technology.
Two months after this, the Journal noted, "the administration committed to give the tiny Gulf monarchy access to around 500,000 of the most advanced AI chips a year—enough to build one of the world’s biggest AI data center clusters."
Tahnoon in the past had tried to get US officials to give the UAE access to the chips, but was rebuffed on concerns that the cutting-edge technology could be passed along to top US geopolitical rival China, wrote the Journal.
Many observers expressed shock at the Journal's report, with some critics saying that it showed Trump and his associates were engaging in a criminal bribery scheme.
"This was a bribe," wrote Melanie D’Arrigo, executive director of the Campaign for New York Health, in a social media post. "UAE royals gave the Trump family $500 million, and Trump, in his presidential capacity, gave them access to tightly guarded American AI chips. The most powerful person on the planet, also happens to be the most shamelessly corrupt."
Jesse Eisinger, reporter and editor at ProPublica, argued that the Abu Dhabi investment into the Trump cypto firm "should rank among the greatest US scandals ever."
Democratic strategist David Axelrod also said that the scope of the Trump crypto investment scandal was historic in nature.
"In any other time or presidency, this story... would be an earthquake of a scandal," he wrote. "The size, scope and implications of it are unprecedented and mind-boggling."
Tommy Vietor, co-host of "Pod Save America," struggled to wrap his head around the scale of corruption on display.
"How do you add up the cost of corruption this massive?" he wondered. "It's not just that Trump is selling advanced AI tech to the highest bidder, national security be damned. Its that he's tapped that doofus Steve Witkoff as an international emissary so his son Zach Witkoff can mop up bribes."
Former Rep. Tom Malinkowski (D-NJ) warned the Trump and his associates that they could wind up paying a severe price for their deal with the UAE.
"If a future administration finds that such payments to the Trump family were acts of corruption," he wrote, "these people could be sanctioned under the Global Magnitsky Act, and the assets in the US could potentially be frozen."