Ecuadorian Constituent Assembly

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. [ [http://www.plenglish.com/article.asp?ID={A1BF8F61-D39F-411E-91C4-32010BC8E388})&language=EN Prensa Latina ] ]

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 has been calling. [http://www.eluniverso.com/2007/10/02/0001/1/graficos/F685C4893D734CA5A42F4AB7B1228050.aspx]

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. [ [http://www.angus-reid.com/polls/view/28978/correas_approval_soars_after_vote_in_ecuador Correa’s Approval Soars After Vote in Ecuador: Angus Reid Global Monitor ] ] The Assembly has six months (with a possible extension of two months) to draft a new constitution, which will then have to be ratified in a referendum. [ [http://english.people.com.cn/90001/90777/6275310.html People's Daily Online - Ecuadorans vote for Constituent Assembly ] ]

The Assembly convened on 29 November 2007, elected its leadership and then heard a proposal to dismiss Congress on the grounds that it is corrupt. [ [http://asambleaconstituyente.gov.ec/index.php?option=com_content&task=view&id=214&Itemid=1 Asamblea Nacional Constituyente del Ecuador - Sitio Web Oficial - Proponen que Asamblea Constituyente asuma plenos poderes ] ] A vote was taken, which was televised live, and 110 out of the 128 delegates present voted for Congress's dismissal. [ [http://www.elcomercio.com/noticiaEC.asp?id_noticia=154485&id_seccion=3 El Comercio ] ]

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. [ [http://www.reuters.com/article/bondsNews/idUSN1532350120071115?pageNumber=2&virtualBrandChannel=0 UPDATE 1-Ecuador lawmakers vow to stay, challenge assembly | Markets | Bonds News | Reuters ] ] 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. [http://www.reuters.com/article/bondsNews/idUSN3030791120071130 Ecuador's Congress will accept closure -lawmaker | Markets | Bonds News | Reuters ] ] It is unlikely that any resistance or appeal to international courts will have much effect on the proceedings of the Constituent Assembly. With Congress dismissed, the Constituent Assembly has assumed the legislative functions in the country. A 13-member commission will examine potential bills which will then be passed by the entire assembly.

Besides removing Congress and assuming legislative capacities, the National Assembly also has removed Ecuador's attorney general, bank superintendent and some other state officials. [ [http://www.reuters.com/article/bondsNews/idUSN2925634020071130?pageNumber=3&virtualBrandChannel=0 UPDATE 2-Ecuador assembly votes to temporarily close Congress | Markets | Bonds News | Reuters ] ] .

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. [ [http://www.angus-reid.com/polls/view/29278/ecuador_endorses_constituent_assemblyaas_actions Ecuador Endorses Constituent Assembly’s Actions: Angus Reid Global Monitor ] ]

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. [ [http://english.people.com.cn/90001/90777/90852/6380896.html Ecuador to revise Constitution to allow presidential re-election - People's Daily Online ] ]

A national discussion women's rights was raised after PAIS lawmaker Maria 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. [ [http://news.bbc.co.uk/2/hi/americas/7382010.stm BBC NEWS | Americas | Sex on Ecuador's political agenda ] ]

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. [ [http://www.prensalatina.com.mx/article.asp?ID={706DB43B-8BA6-493F-8820-2BF6727B6D1B})#uage=ES Reelección presidencial entra a debate en Constituyente ecuatoriana - Prensa Latina ] ]

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 on 24 June 2008. [ [http://www.plenglish.com/article.asp?ID={9C2E0502-DA20-44C1-A01C-B03553AB5E81})&language=EN Fernando Cordero to Head Ecuadorian Assembly - Prensa Latina ] ]

The last points were approved on 17 July 2008, the constitution will be presented on 24 July 2008 and the referendum is expected to be held on 28 September 2008. [ [http://www.prensa-latinaenglish.com/article.asp?ID={C0C91E78-4425-4BEC-AFB0-3271D94DF2DD})&language=EN Ecuador Assembly Approves Constitution - Prensa Latina ] ] The new constitution will have 494 articles. [ [http://www.prensa-latinaenglish.com/article.asp?ID={3090AD42-8C2A-41C3-9DEF-37F5FC99200E})&language=EN New Ecuadorian Constitution has 494 Articles - Prensa Latina ] ]

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. [ [http://www.angus-reid.com/polls/view/31321/uncertain_fate_for_ecuadorian_constitution Uncertain Fate for Ecuadorian Constitution: Angus Reid Global Monitor ] ]

94 of the 130 members of the CA voted in favour of the draft (which consists of 444 articles), which would be Ecuador's 20^th constitution. 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. [ [http://news.bbc.co.uk/2/hi/americas/7524680.stm BBC NEWS | Americas | Ecuador draft constitution passed ] ]

References

External links

* [http://www.asambleaconstituyente.gov.ec/ Official website]