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Constituent Assembly of Ecuador

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Constituent Assembly of Ecuador
NameConstituent Assembly of Ecuador
Native nameAsamblea Constituyente de Ecuador
Established2007
Disbanded2008
JurisdictionQuito, Ecuador
Preceded byConstitution of Ecuador (1998)
Succeeded byConstitution of Ecuador (2008)
Members130
Leader titlePresident
Leader nameAlfonso Quinto

Constituent Assembly of Ecuador was the body convened in Quito in 2007–2008 to draft a new national Constitution of Ecuador (2008), replacing the Constitution of Ecuador (1998). It emerged amid political crises involving the presidencies of Lucio Gutiérrez, Abdalá Bucaram, and Alvaro Noboa, interacting with Rafael Correa's administration and movements such as Movimiento País and Alianza PAIS. The Assembly's work culminated in a referendum and promulgation that reshaped institutions including the National Assembly (Ecuador), Judiciary of Ecuador, and rights recognized in the new constitution.

Background and precursors

Political instability in Ecuador during the late 1990s and early 2000s saw multiple presidential removals including Jamil Mahuad and Lucio Gutiérrez, linked to crises like the 1999–2000 Ecuadorian financial crisis and protests in Guayaquil and Quito. Movements such as the Conaie (Confederation of Indigenous Nationalities of Ecuador), Pachakutik political party, and labor unions including the Confederation of Indigenous Nationalities of Ecuador (CONAIE) and Central Unitaria de Trabajadores pressured for constitutional reform alongside civil society organizations like Fundación Pachamama and NGOs connected to International IDEA and United Nations Development Programme. Previous attempts at reform involved the 1998 Constituent Assembly and discussions in the National Congress of Ecuador and institutions like the Electoral Court of Ecuador (Consejo Nacional Electoral).

Formation and mandate

In 2007, President Rafael Correa called for a referendum under the aegis of the National Electoral Council (CNE) to form an assembly with powers to rewrite the constitution. The referendum followed political maneuvers involving Vice President Jorge Glas and executive decisions debated in the Supreme Court of Justice (Ecuador) and contested by opposition parties such as Social Christian Party (PSC), PRE, and personalities including Gustavo Noboa and Alvaro Noboa. The mandate granted plenipotentiary powers to the Assembly to draft, debate, and submit a new constitution directly to a popular referendum, altering relations with institutions like the Ministerio de Gobierno and the Comisión Interamericana de Derechos Humanos.

Composition and representation

The Assembly comprised 130 delegates elected in 2007 from provinces including Pichincha, Guayas, Azuay, Manabí, and Loja, with designated seats for overseas constituents in Madrid and Miami. Major political groups represented included Alianza PAIS, PAIS Alliance factions, PSC, Pachakutik, Participación Democrática, and independents tied to social movements like CONAIE. Prominent delegates included figures associated with Rafael Correa's movement, intellectuals linked to Universidad Central del Ecuador, legal scholars from Pontificia Universidad Católica del Ecuador, and activists from organizations such as Movimiento Indígena. Representation rules interacted with the Electoral Tribunal and with international observers from entities including the Organization of American States and UNASUR.

Key debates and constitutional provisions

Debates addressed state structure, rights, and economic models, invoking precedents from the Constitution of Bolivia (2009), Constitution of Venezuela (1999), and concepts advanced by scholars at Universidad Andina Simón Bolívar. Contentious provisions included recognition of the Rights of Nature (Pachamama), expansion of social rights covering health and education, reform of the Electoral system of Ecuador, reconfiguration of the Armed Forces of Ecuador and police, and new mechanisms such as recall referendum and popular initiative. Deliberations featured contributions from jurists versed in the Inter-American Court of Human Rights jurisprudence and comparative constitutional texts like the Spanish Constitution of 1978 and Mexican Constitution. Environmental clauses reflected alliances with organizations such as YASuní-ITT initiative advocates and Greenpeace Ecuador allies. Provisions on indigenous autonomy invoked principles argued by CONAIE and Pachakutik delegates.

Political processes and voting

The Assembly operated through commissions influenced by party blocs including Alianza PAIS majorities and opposition caucuses from PSC and PRE. Voting procedures drew on rules similar to other constituent bodies like the 1999 Venezuelan Constituent Assembly and regional practices in Latin America. Procedural conflicts involved the Electoral Court (CNE) and judicial review attempts in the Corte Suprema de Justicia and later the Corte Nacional de Justicia. Key votes covered presidential term limits, restructuring of the National Congress of Ecuador, and creation of new bodies like the Consejo de Participación Ciudadana y Control Social. International observers from the Organization of American States and legal analysts from International IDEA monitored compliance with electoral and deliberative norms.

Implementation and aftermath

After approval in a 2008 referendum, the new constitution led to institutional changes including the replacement of the National Congress of Ecuador with the National Assembly (Ecuador), reforms in the Judiciary of Ecuador, and the establishment of rights frameworks impacting policy by administrations of Rafael Correa and successors such as Lenín Moreno. The constitution influenced legislation in areas overseen by ministries like the Ministry of Health (Ecuador) and Ministry of Education (Ecuador) and reshaped relations with international creditors and organizations including the World Bank and International Monetary Fund. Implementation spurred legal challenges in the Constitutional Court of Ecuador and political realignments involving parties like PAIS Alliance and Izquierda Democrática.

Criticisms and controversies

Critics from Social Christian Party (PSC), CONAIE, and media outlets such as El Comercio (Ecuador) argued about concentration of power, diminution of checks linked to concerns raised by Human Rights Watch and Amnesty International. Accusations of irregularities in delegate selection were raised by opposition leaders including Alvaro Noboa and legal challenges brought before courts such as the Corte Nacional de Justicia. Debates over provisions on indigenous autonomy and resource extraction involved disputes with multinational corporations and NGOs including Chevron Corporation and environmental groups like Amazon Conservation Team. International commentary involved scholars from Harvard Law School and Universidad San Francisco de Quito critiquing institutional design and democratic safeguards.

Category:Politics of Ecuador