The Government System of Ecuador

Ecuador is a country on the equator in the continent of South America and its name also translates to “equator”. The country is bordered with Peru and Colombia and the country’s capital Quito is located close to the border with Colombia. Ecuador also has a coast along the Pacific Ocean and further off the coast, the country also has the Galapagos Islands, which is very popular with tourists.

Some of the earliest history of the area that is now Ecuador had a number of indigenous Amerindian groups living there, these groups in the territory were slowly incorporated into the Inca Empire in the 15th Century. During the 16th Century the area was colonized by the Spanish and incorporated into their Empire, the arrival of these colonists spread disease that killed much of the indigenous peoples in the area that had no immunity to it.

The Ecuadorian War of Independence from 1820 to 1822 led to Ecuador becoming part of Gran Colombia which also included the modern-day countries of Colombia, Panama and Venezuela. Ecuador would later separate from Gran Colombia in 1830 and become a fully independent republic. Following this the country went through much instability through a number of rulers, including one who was deposed and others who were authoritarian.

Ecuador also lost a lot of territory it once had to surrounding more powerful nations such as Colombia, Peru and Brazil through treaties and some wars.

Ecuador didn’t see proper democracy until after several military junta’s, one of which pledged to return to the constitutional system through universal elections, with such elections happening on April 29th, 1979, under a new constitution.

Spanish is the official language and a number of other indigenous languages, such as Kichwa/Quichua and Shuar among others are also recognised. The largest ethnic group is Mestizo and the largest religion is Roman Catholic. The country’s currency is the US Dollar, which was adopted after the country’s own currency, the Sucre, plummeted in value during a financial crisis in 2000. The country’s population is just over 17,620,000.

Government Type

Ecuador is a Presidential Republic and Representative Democracy with a President who is both Head of State and Head of Government and a unicameral parliament called the National Assembly that makes up the legislative government. Multiple parties are allowed.

The Executive Government

The President of the Republic is Head of State and Head of Government and has various powers at his/her disposal. There is also a Vice-President of the Republic who assists the President in his/her duties.

Temporary and Definitive Absence

The Vice-President shall hold the office of President while the President him/herself is temporarily absent. If the President is definitively absent then the Vice-President shall take up the office of President for the remainder of the term.

If both the President and Vice-President become both definitively absent at the same time, then the President of the National Assembly will become interim leader of the country and if there is one year or less left of the term they shall serve its remainder but if not then elections will be convened within 48 hours and the newly elected President and Vice-President shall serve the remainder of the presidential term.

Legislative Duties

The President promulgates legislative bills that have been passed by the National Assembly. The President can choose to object to a bill, either totally or partially, on substantive grounds. If the bill is totally objected to by the President the National Assembly will have to wait one year before they can consider it again and, in this instance, it can be automatically ratified into law via one single debate if it is passed by at least a two-thirds majority.

If the bill is partially objected to the President submits alternative text to be considered (which cannot include subjects not envisaged in the bill). The National Assembly can either accept the President amendment/s by a simple majority or they can re-adopt the original text by a two-thirds majority where it shall then automatically be ratified into law.

The President can send bills qualified as urgent to the National Assembly which must be adopted, amended or rejected within 30 days. The President of the Republic cannot send more than one urgent bill to be discussed at a time unless a State of Exception has been decreed.

The President can choose to dissolve the National Assembly for reasons such as it taking up duties that do not pertain to it (if also agreed to by the Constitutional Court), or if it has repeatedly obstructed the implementation of the National Development Plan without relevant justification. The President can also dissolve the National Assembly due to severe political crisis and/or domestic unrest. The President though can only exercise these powers after having been in office for at least 3-years.

If the National Assembly is dissolved then the National Electoral Council will organise elections to elect a new National Assembly to serve out the rest of the Parliamentary term and also a Presidential Election.

The President can rule by decree during this period on urgent economic matters that have also be agreed to by the Constitutional Court. Such decrees can later be adopted or repealed by the new National Assembly.

Other Duties

Submits, at the time of being sworn into office, the basic guidelines and policies that will be developed during their term in office. The President defines and directs the public policies of the Executive Branch.

Directs public administration via a decentralized approach and to issue decrees needed for its integration, monitoring, organisation and regulation. The President also creates, changes and eliminates coordination ministries, entities and bodies.

There is a National Development Plan that the President submits for adoption to the National Planning Council. The President keeps the National Assembly updated on this on an annual basis as well as government objectives for the year ahead.

The President draws up the country’s foreign policy as well as signs and ratifies international treaties and removing from office ambassadors and heads of mission.

The President issues regulations needed to enforce laws, without infringing or altering them, as well as regulations needed for the functioning of the administration.

The President exercises supreme authority over the country’s armed forces and the National Police Force, the President designates the members of the high command of the armed forces and police forces.

The President can pardon, commute and reduce sentences in accordance with the law.

Executive Branch

The Executive Branch of Government includes the President and Vice-President of the Republic, Ministers of State and other relevant organisations and institutions.

The President appoints and removes the Ministers of State whose appointment pertains to him/her. Ministers of State run the relevant departments they have been assigned/appointed to. Ministers of State must show leadership on the policies of their respective departments and keep the National Assembly informed via reports and to also appear to answer questions when called upon by the National Assembly.

Emergency Provisions

The President can declare a State of Exception throughout all the territory or certain part/s due to various reasons such as aggression, international or domestic armed conflict, severe domestic unrest, public calamity or natural disaster.

Its purpose is to suspend certain rights and introduce certain emergency measures, decrees and powers that allow the President and other officials to more easily handle such emergency situations in a bid to resolve them as quickly and efficiently as possible.

The National Assembly, constitutional court, and other relevant international organisations must be informed by the President within 48 hours of the signing of a State of Exception. Under justified circumstances the National Assembly can vote to end the State of Exception at any time, without detriment to its constitutional validity ruled by the Constitutional Court.

The State of Exception is limited to 60-days but can be extended for an additional 30-days. If it isn’t renewed by the President then the State of Exception shall expire.

The Legislative Government

Operation

The unicameral parliament called the National Assembly makes up the legislative government and its main job is to have legislative proposals introduced and to debate, amend and pass/reject them where it shall then go on to the President of the Republic for promulgation. The National Assembly also adopts the General Budget of the State.

The National Assembly member numbers are determined by population census and electoral law determines how they are elected although the constitution demands it is in a way that respects gender equality. The National Assembly currently has 137 members.

The National Assembly elects the President of the Assembly and two Vice-Presidents of the Assembly from among their own members for a 2-year term and they can be re-elected for the rest of the legislative term thereafter.

There is a supreme body of the legislative administration that is comprised of the President of the Assembly, the two Vice-Presidents of the Assembly and four members elected by the National Assembly from among themselves belonging to different legislative groups.

The majority of the members of the Assembly or the President of the Republic can ask the President of the Assembly to convene a special/extraordinary session of the National Assembly to deal with specific matters.

The National Assembly has various permanent committees for the performance of its functions.

The President of the Republic must inform the National Assembly of his absence from the country and the reasons, including having to do this for 1-year after leaving office.

Submission of Legislation

Legislation can be submitted in various ways.

It can be submitted by National Assembly members who have the backing of a legislative group or by at least 5% of the members of the National Assembly.

By the President of the Republic.

By branches of the State in the framework of their jurisdiction.

The Constitutional Court and a number of Public Offices in the subjects that pertain to them in accordance with their attributions.

By citizen initiative as explained in the section further below.

Only the President of the Republic is able to submit bills that levy, amend or eliminate taxes, that increase public spending or that change the country’s political or administrative division.

Other Duties

As well as legislating, the National Assembly also has a number of other duties and jobs. The Assembly declares when the President has a physical or mental disability that prevents them from fulfilling their duties and will decide upon termination of office.

In the definitive absence of the Vice-President of the Republic, the National Assembly shall elect a new one from a shortlist proposed by the President of the Republic.

The National Assembly will take part in the constitutional reform process should it come about.

Can create, amend and eliminate taxes by means of the law and without detriment to the attributions granted to decentralized autonomous governments.

Adopts and turns down international treaties in cases whenever appropriate.

The National Assembly also gives oversight of the Government by auditing the activities of the Executive, Electoral, and Transparency and Social Control Branches of Government as well as other bodies of the public sector and also requesting public servants to provide information deemed necessary.

The National Assembly can also impeach the Vice-president or President of the Republic by a vote of two-thirds of its members when requested by a competent authority on substantive grounds.

The National Assembly can also bring forth censure against Ministers of State, Public Office holders and the members of National Electoral Council, Elecotral Dispute Settlement Court, Judiciary Council and the Council for Public Participation and Social Control, and other authorities as provided in the constitution, by at least one-fourth of members, with an absolute majority needed to censure said member, unless it is against a Minister of State, members of the Electoral Branch of Government or the Judiciary Council where a two-thirds majority is needed instead.

If the censure is passed the official in question is removed from office or removed from being a member and in more serious cases can lead to criminal investigation.

The National Assembly can grant amnesty for public crimes or pardons for humanitarian reasons via a vote of two-thirds of its members. It cannot be granted for crimes that are committed against public administration, genocide, torture, forced disappearance of persons, kidnapping or homicide on moral or political grounds.

The President of the Republic keeps the National Assembly informed via annual reports and issue views regarding these reports.

Citizens Initiative and Participation

Legislative

Ecuador’s constitution allows autonomous decentralized government and citizen initiative on a fairly wide scale, that includes allowing citizens to make legislative proposal/amendments/repeals to the legislative branch of Government or other relevant regulatory body, such initiatives require the backing of at least 0.25% registered voters within the relevant jurisdiction. The relevant body has 180 days to review such proposals, if it is not reviewed within the time then such initiatives will enter into force automatically. The President of the Republic can amend these initiatives when it comes to proposed legislative bills but cannot veto them.

Constitutional

On constitutional amendment proposals, the backing of 1% of registered voters is required. If within one year such a proposal has not been reviewed by the Legislative Branch then those who proposed it can request for the National Electoral Council to call a national referendum, without needing the backing of the required registered voters to request a referendum otherwise. There can only be a single constitutional proposal active at any one time.

Referendum

The constitution says that entities of participation for the citizenry are available at all levels of government and include public hearings, oversight committees, assemblies, grass-roots lobbying, consultative councils and observatories among other mechanisms.

National Referendums can be convened at the order of the President of the Republic, the supreme authority of decentralized governments or by citizen initiative.

The President calls referendums on what they deem advisable.

Decentralized autonomous governments can call referendums on the basis of a decision taken by at least three-fourths of their members, on issues of interest in their jurisdiction.

Citizens can call a referendum on any matter either within the jurisdiction they live in (needing the backing of at least 10% of the registered voters there) or nationwide (needing the backing of at least 5% of nationally registered voters).

Citizens abroad calling for a referendum require the backing of at least 5% of registered voters in their special voting precinct.

Referendums called by citizens or decentralized governments cannot refer to tax-related matters or the country’s political or administrative structure, unless it is provided for in the constitution.

In all cases the constitutionality of the question at hand shall be decided on by the Constitutional Court before any referendum is called.

Holding Elected Officials to Account

All citizens who exercise their political rights have the power to recall elected authorities. Such a request can be made after the official-in-question’s first year in office has passed and before their last year in office begins. If a recall fails to remove an official it cannot be made again against the same official for the rest of their term in office.

A request for a recall must be backed by at least 10% registered to vote in the corresponding electoral list or if against the President of the Republic, the backing requires at least 15% of registered voters.

The National Electoral Council shall within 15 says call for the recall which then must be held within 60 days.

A referendum, plebiscite or recall requires an absolute majority of relevant votes to have effect, unless it is a recall against the President of the Republic which requires an absolute majority of all registered voters.

If a recall is successful then it requires mandatory and immediate enforcement.

The Electoral System

Ecuador’s constitution promotes gender equality for political representation and also that the state shall adopt affirmative action measures to guarantee participation of discriminated sectors. The constitution demands rotation of power systems for gender equality in political institutions and also parties as well.

The authorities elected by the people can only be held by the same person twice, either consecutively or not, before they must step aside.

Presidential Elections are held every 4-years. Elections use a two-round system where if a candidate does not get an absolute majority in the first round then a 2nd round is held between the top two candidates one by simple majority.

Candidates for President must be an Ecuadorian citizen from birth, at least 32-years-old, be in possession of all their political rights and not be subject to any disqualifications or prohibitions in the constitution. The President and Vice-President are elected on the same ticket.

Parliamentary elections for the National Assembly take place every 4-years. 15 members are elected from a national multi-seat constituency using a proportional representation system, 116 members are elected from single-seat constituencies using a first-past-the-post system and finally 6 more were elected from two multi-seat constituencies using fast-past-the-post system by those living abroad.

To be a candidate for the National Assembly one must be a citizen who is at least 18-years-old and in possession of their political rights.

To vote one must be a citizen of Ecuador and at least 16-years-old. Voting from 16-18 years old is voluntary but voting for 18-65-year old’s is mandatory, once over the age of 65-years-old voting becomes voluntary again. Voting is also optional for Ecuadorians living abroad, members of the Armed Forces and National Police Force and people with disabilities.

Sources

This post source is from Ecuador’s 2008 constitution on constituteproject.org and so should be as accurate as possible but there is of course a chance I may have missed something or misinterpreted something so if you are using this in a serious capacity it is important to cross-research. Also, the constitution can be changed and so this post may eventually become outdated.

Constitutional change is proposed by the President of the Republic via a National Referendum or by Public Petition or by at least one-third of the members of the National Assembly. Passage requires two readings split apart by a year and approved by at least two-thirds majority of the National Assembly and finally approval in a National Referendum by an absolute majority.

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