Netherlands Institute for Multiparty Democracy

News Article 

New Electoral Law in Ecuador

documents/E/ecuador
10 December 2008
Lizzy Beekman
NIMD

This week, the new electoral law of Ecuador was sent to the “Congresillo”, the temporary congress in charge of preparing the general elections in 2009. On request of the Ecuadorian Ministry of Political Coordination, Ágora Democrática, the jointly run NIMD and IDEA programme in Ecuador, prepared the draft. As a result, Ágora Democrática again plays a significant role in the political reform process taking place in Ecuador since 2007. 

 

The draft was developed in cooperation with the National Electoral Court (CNE), the Electoral Tribunal (TCE), the Congresillo, the Ministry of Justice and the National Secretariat of Planning and Development and several former members of the Constituent Assembly.

New Constitution

President Rafael Correa took office in 2006 and enjoys an overwhelming popular support for his agenda for political reforms. The centerpiece has been the new Constitution which was approved in a referendum held at the end of September The legislative commission subsequently installed, the so-called Congresillo, is made up of a small group of former members of the Constituent Assembly and has the task to develop the most urgent laws until the next elections planned in April 2009. The new Constitution prescribes substantive reforms of the political system under which the development of the new Electoral Law. 

The Electoral Law project

The draft consists of 277 articles and focus on the main issues of the electoral law, but also deals with other issues related to the electoral system. “It is a proposal that incorporates the principles upon various sectors and how existing institutes must act, in which the final say is up to the Congresillo”, clarifies Alberto Adrianzen, the coordinator of Ágora Democrática. Another aspect that is covered is the definition of the main competences of the National Electoral Court and the Electoral Tribunal and their role in the electoral process. Moreover, regarding the administration of the elections the proposal assigns two institutions; the council of Provinces and the National Electoral Court. Also concerning the assessment of the elections two institutions are suggested, a group of judges specialized in elections and the Electoral Tribunal Court.

In case of the electoral roll, the draft suggests four alternatives: a) keep the current open lists, b) create closed lists, c) create a list with preferential votes and d) make possible that the voter can chose one single candidate or more from several lists. The debate on the form of voting now takes place between the electoral authorities and the members of the Congressillo. The electoral reform is not a technical one, instead it is more a political reform in which the stakeholders involved have to find a balance between the duties of the executive and the legislative bodies and it has to result in a well political representation of the Ecuadorian society. Following the electoral law, the new Congress to be elected in April 2009 will prepare the law on political parties. Ágora Democrática will assist in that process if the new Congress request it.

Democracy support in Ecuador

Ágora Democrática (NIMD-IDEA) is a joint venture between NIMD and IDEA and has been founded in 2006. Its main priorities are the stimulation of consensus on political system reform, facilitation of interparty dialogue, technical support to the institutional strengthening of all political parties, strengthening of capacity of political actors (especial young and female politicians), improvement of the relation between politicians and the media, the promotion of gender equity and the inclusion of marginalized groups in politics.
 

 
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