On September 28, the Ecuadoran public voted overwhelmingly in favor of adopting a new constitution that had been swiftly drafted by the Constitutional Assembly and finalized by the government of President Rafael Correa. Little analysis has been applied to this 150-page document. What will this mean for the rule of law in Ecuador?
What is understood about the provisions of the new constitution is worrisome; the lack of understanding in Ecuador about how the constitution will be interpreted is of even greater concern. A number of the constitution’s provisions could present challenges to the rule of law and the future of private investment in Ecuador, including:
– Expanded executive control over the judicial and legislative branches of government, as well as the central bank.
– Respect for property rights is now based on ambiguous notions of social and environmental responsibility. The provisions leave huge discretionary decision-making to the government to define what this means.
– The government will be able to intervene in the pricing of market goods.
– International arbitrage is now prohibited in contracts for foreign investment.
While it is unclear how the government will implement the new constitution, the anti-business tenor of the document and its cloudy definition of property rights and contract law will likely inhibit future foreign investment in the country, and turn back progress made to date.
Dora de Ampuero of the Ecuadorian Institute of Political Economy (IEEP) explains that “the new constitution is structured in such a way that much of its content is confusing, which gives the executive the opportunity to interpret the new text however they best see fit.” She further explains that “It is still too early to know where the country is heading, but if the guiding principles of the constitution are followed, then Ecuador will become a closed economy that will be limited by government intervention.” IEEP has been engaged in an active campaign to promote better understanding of the market economy and the principles of democracy through a weekly radio and television program and public forums, with a particular focus on issues that are important to young leaders. This work is especially important now that the new constitution has been approved.
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Published Date: October 27, 2008