Ecuadorian Constituent Assembly
Encyclopedia
The Ecuadorian Constituent Assembly was a 2007-2008 constitutional assembly
in Ecuador
, which drafted the 2008 Constitution of Ecuador, approved via the Ecuadorian constitutional referendum, 2008
.
On 30 September 2007 an election
for a constituent assembly was held in Ecuador
following the referendum on this issue
held on 15 April 2007. 130 delegates were elected: 24 members from national lists, 100 representing the provinces and six for emigrants living outside Ecuador. President Rafael Correa
's PAIS Alliance won a landslide victory, winning 74 of the 130 seats, giving the party the power to make the substantial constitutional reforms for which Correa had been calling.
The assembly first convened on November 29, 2007 in Montecristi
, and was given six months to write a new constitution, with a possible two-month extension. In late July, 2008, the assembly approved a draft constitution comprising 494 articles, which was approved by the registered voters of Ecuador in September 2008 with a 63.93% to 28.10% margin of victory.
.
The Assembly convened on 29 November 2007, elected its leadership and then heard a proposal to dismiss Congress on the grounds that it was corrupt. A vote was taken, which was televised live, and 110 out of the 128 delegates present voted for Congress's dismissal.
The intentions of the Constituent Assembly had been publicly known since the results of the elections in October and consequently some members of Congress had vowed to resist their dismissal. Congress had originally approved the idea of a plebiscite for the creation of a Constituent Assembly on the condition that Congress itself would not be dismissed. However, when the potential powers of the assembly were expanded, Congress objected. Correa submitted the new terms of the plebiscite to the Electoral Tribunal and not to Congress, thus circumventing Congress's power. This led to various other confrontations between Correa and Congress. In late November, Jorge Cevallos, the head of Congress, said that the National Congress would submit to the decision of the Constituent Assembly saying that he and other legislators were not willing to "risk their lives over" the issue and that Ecuadoreans had made their decision in the referendum. It was thought unlikely that any resistance or appeal to international courts would have much effect on the proceedings of the Constituent Assembly. With Congress dismissed, the Constituent Assembly assumed the legislative functions in the country. A 13-member commission would examine potential bills to be passed by the entire assembly.
Besides removing Congress and assuming legislative capacities, the National Assembly also removed Ecuador's attorney general, bank superintendent and some other state officials.
The Constituent Assembly will likely propose allowing a second term as president, as well as a provision to recall the incumbent president after half of the current term has expired.
A national discussion on women's rights was raised after PAIS lawmaker María Soledad Vela proposed to enshrine a women's right to sexual happiness in the constitution; she later clarified that she primarily wanted to provoke a discussion on clearer laws regarding life, health and sex education.
By early May, 38 of a planned 256 articles had been approved already; the current topic of discussion at that time was whether to allow presidential reelection.
In June 2008, the president of the CA, Alberto Acosta
, resigned due to his opposition to speeding up the debate on the remaining articles to meet the deadline of 26 July 2008. He was replaced by Fernando Cordero Cueva
on 24 June 2008.
The last points were approved on 17 July 2008, the constitution was to be presented on 24 July 2008 and the referendum
was expected to be held on 28 September 2008. The new constitution would have 494 articles.
Two articles legalising same-sex unions and declaring Quechua
an official language were dropped in the last minute; polls see a majority in favour of the new constitution, but a lot of people are undecided.
Of the 130 members, 94 voted in favour of the draft (consisting of 444 articles), which would be Ecuador's twentieth constitution since its inception as a sovereign state. It would enable Correa to run for two new terms, and also gives the president the right to dissolve Congress within the first three years of its four-year term.
Constitutional Assembly
The Constitutional Assembly was a body elected in 1955 to draw up a permanent constitution for the Republic of Indonesia. It sat between November 10, 1956 and July 2, 1959...
in Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, which drafted the 2008 Constitution of Ecuador, approved via the Ecuadorian constitutional referendum, 2008
Ecuadorian constitutional referendum, 2008
A constitutional referendum was held in Ecuador on 28 September 2008 to ratify or reject the constitution drafted by the Ecuadorian Constituent Assembly elected in 2007. Partial results show that 64% of voters voted to approve the new constitution....
.
On 30 September 2007 an election
Ecuadorian Constituent Assembly election, 2007
On 30 September 2007 an election for a Constituent Assembly was held in Ecuador following the referendum on this issue successfully held on 15 April 2007...
for a constituent assembly was held in Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
following the referendum on this issue
Ecuadorian Constituent Assembly referendum, 2007
A referendum on establishing a Constituent Assembly to rewrite the constitution was held in Ecuador on 15 April 2007, although it had originally been planned for 18 March 2007. The referendum was called by President Rafael Correa on 15 January 2007. The Constituent Assembly Election was held on 30...
held on 15 April 2007. 130 delegates were elected: 24 members from national lists, 100 representing the provinces and six for emigrants living outside Ecuador. President Rafael Correa
Rafael Correa
Rafael Vicente Correa Delgado born is the President of the Republic of Ecuador and was the president pro tempore of the Union of South American Nations. An economist educated in Ecuador, Belgium and the United States, he was elected President in late 2006 and took office in January 2007...
's PAIS Alliance won a landslide victory, winning 74 of the 130 seats, giving the party the power to make the substantial constitutional reforms for which Correa had been calling.
The assembly first convened on November 29, 2007 in Montecristi
Montecristi, Ecuador
Montecristi is a town in the Manabí province of Ecuador and the capital of the canton by the same name.As of the 2001 census Montecristi had 14,636 inhabitants....
, and was given six months to write a new constitution, with a possible two-month extension. In late July, 2008, the assembly approved a draft constitution comprising 494 articles, which was approved by the registered voters of Ecuador in September 2008 with a 63.93% to 28.10% margin of victory.
Setting up the assembly
Although the Constituent Assembly was planned to be set up on 31 October 2007, this was postponed for a month due to delays in the official pronouncement of the final election results. The Assembly had six months (with a possible extension of two months) to draft a new constitution, which would then have to be ratified in a referendumEcuadorian constitutional referendum, 2008
A constitutional referendum was held in Ecuador on 28 September 2008 to ratify or reject the constitution drafted by the Ecuadorian Constituent Assembly elected in 2007. Partial results show that 64% of voters voted to approve the new constitution....
.
The Assembly convened on 29 November 2007, elected its leadership and then heard a proposal to dismiss Congress on the grounds that it was corrupt. A vote was taken, which was televised live, and 110 out of the 128 delegates present voted for Congress's dismissal.
The intentions of the Constituent Assembly had been publicly known since the results of the elections in October and consequently some members of Congress had vowed to resist their dismissal. Congress had originally approved the idea of a plebiscite for the creation of a Constituent Assembly on the condition that Congress itself would not be dismissed. However, when the potential powers of the assembly were expanded, Congress objected. Correa submitted the new terms of the plebiscite to the Electoral Tribunal and not to Congress, thus circumventing Congress's power. This led to various other confrontations between Correa and Congress. In late November, Jorge Cevallos, the head of Congress, said that the National Congress would submit to the decision of the Constituent Assembly saying that he and other legislators were not willing to "risk their lives over" the issue and that Ecuadoreans had made their decision in the referendum. It was thought unlikely that any resistance or appeal to international courts would have much effect on the proceedings of the Constituent Assembly. With Congress dismissed, the Constituent Assembly assumed the legislative functions in the country. A 13-member commission would examine potential bills to be passed by the entire assembly.
Besides removing Congress and assuming legislative capacities, the National Assembly also removed Ecuador's attorney general, bank superintendent and some other state officials.
Workings
According to a poll from late November 2007, 76% supported confirming Correa as president, 69% supported dismissing Congress, and 59% supported taking full powers. Support for gaining the ability to dismiss any official who failed to perform his duty was at 52%, and only 35% supported the Assembly's immunity from prosecution.The Constituent Assembly will likely propose allowing a second term as president, as well as a provision to recall the incumbent president after half of the current term has expired.
A national discussion on women's rights was raised after PAIS lawmaker María Soledad Vela proposed to enshrine a women's right to sexual happiness in the constitution; she later clarified that she primarily wanted to provoke a discussion on clearer laws regarding life, health and sex education.
By early May, 38 of a planned 256 articles had been approved already; the current topic of discussion at that time was whether to allow presidential reelection.
In June 2008, the president of the CA, Alberto Acosta
Alberto Acosta
Alberto Federico 'Beto' Acosta is a retired Argentine footballer who played as a striker.In a professional career which spanned 18 years , he played for San Lorenzo in four different spells...
, resigned due to his opposition to speeding up the debate on the remaining articles to meet the deadline of 26 July 2008. He was replaced by Fernando Cordero Cueva
Fernando Cordero Cueva
Fernando Cordero Cueva is an Ecuadorian politician and architect. He is the former mayor of Cuenca, Ecuador, former Member of the Ecuadorian Congress and former President of the Ecuadorian Constituent Assembly 2007. He is also publicly known as "Corcho" Cordero.Cordero was born 1952 in Cuenca the...
on 24 June 2008.
The last points were approved on 17 July 2008, the constitution was to be presented on 24 July 2008 and the referendum
Ecuadorian constitutional referendum, 2008
A constitutional referendum was held in Ecuador on 28 September 2008 to ratify or reject the constitution drafted by the Ecuadorian Constituent Assembly elected in 2007. Partial results show that 64% of voters voted to approve the new constitution....
was expected to be held on 28 September 2008. The new constitution would have 494 articles.
Two articles legalising same-sex unions and declaring Quechua
Quechua languages
Quechua is a Native South American language family and dialect cluster spoken primarily in the Andes of South America, derived from an original common ancestor language, Proto-Quechua. It is the most widely spoken language family of the indigenous peoples of the Americas, with a total of probably...
an official language were dropped in the last minute; polls see a majority in favour of the new constitution, but a lot of people are undecided.
Of the 130 members, 94 voted in favour of the draft (consisting of 444 articles), which would be Ecuador's twentieth constitution since its inception as a sovereign state. It would enable Correa to run for two new terms, and also gives the president the right to dissolve Congress within the first three years of its four-year term.