I talk about the government system of Ecuador from executive to legislative and how elections work.

1. June 11, 2020
The Government System of Ecuador
theweeklyrambler.com/the-government-system-of-ecuador/
Map from the CIA World Factbook. (I
edited on the flag).
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
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2. 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 Coat of Arms. Public Domain.
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.
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3. The Executive Government
Carondelet Palace, seat of the Executive Power. Photo by Taty2007 from Wikimedia. CC BY
3.0. Source.
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.
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4. 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.
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5. 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
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6. National Assembly building. Photo source from Asamblea Nacional del Ecuador on Flickr. CC
BY-SA 2.0. Source.
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.
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7. 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.
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8. 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.
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9. 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
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10. Image by Xatufan from Wikimedia. CC BY-SA 4.0.Source
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.
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11. 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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