Kara Sears
Ecuador is a constitutional state with a decentralized government and a unitary judiciary. The Ecuadorian Constitution of 2008 (rev. 2021) establishes the country as a social, democratic, sovereign, independent, unitary, intercultural, multinational, and secular republic. Ecuador's current legal system is Civil Law, with the law being the primary source of norms, except for the Ecuadorian indigenous justice system, which follows customary law. The Ecuadorian population can participate in its democratic system through democratic elections, public consultations, the recall of elected authorities, and legislative initiatives. The National Assembly, a single house of representatives, is the main authority of the legislative branch. The Ecuadorian judicial system guarantees due process, diligence, and efficiency, and the Constitution has introduced witness protection programs. Official gazettes are primary sources of law published by national governments to disseminate new legislation, regulations, and decisions of governmental bodies.
| Characteristics | Values |
|---|---|
| Official language | Spanish, Kichwa, and Shuar |
| Legal system | Civil Law |
| Indigenous justice system | Customary Law |
| Constitution | The Constitution of Montecristi, approved in 2008 |
| Constitutional Rule of Law | Under Article 1 of the Constitution of the Republic of Ecuador |
| Legislative Branch | National Assembly, constituted by one single house of representatives |
| Executive Branch | Presidential decrees and ministerial decisions |
| Judicial Branch | Judges administer justice according to the Constitution, international human rights instruments, and the law |
| Indigenous Justice | Recognized in the Constitution of the Republic of Ecuador, in Article 171 |
| Transparency and Social Control Function | Article 204 and following |
| Electoral Function | Articles 217 to 221 |
| Population | Approximately 18 million |
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What You'll Learn
Public participation in law-making
Ecuador's legislative branch, the National Assembly, is the main authority in the creation of laws. It is constituted by a single house of 137 representatives, who are elected for a four-year term. To be eligible, candidates must be Ecuadorian by birth, entitled to exercise their political rights, and at least 18 years old.
The Ecuadorian population can participate directly in its democratic system through democratic elections, public consultations (referendums), the recall of elected authorities, and legislative initiatives. Public consultations are used to reform the Constitution or address matters of grave importance to the country. Legislative initiatives allow citizens to propose the creation, amendment, or repeal of legal regulations. These initiatives must be backed by at least 0.25% of registered voters.
The National Assembly's sessions are public, and an empty seat is reserved for a citizen representative, who can participate in debates and decision-making. Ecuadorians, including those residing abroad, can submit proposals and projects to all levels of government through constitutional mechanisms.
The Ecuadorian Constitution also recognizes the rights of indigenous peoples, Afro-Ecuadorian communities, and coastal back-country (montubios) communities to establish territorial districts for cultural preservation. These communities have the right to collective land ownership, self-determination, self-government, and participation in public affairs.
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The role of the National Assembly
Ecuador is a constitutional state of rights and justice, social, democratic, sovereign, independent, unitary, intercultural, multinational, and secular state. The Ecuadorian government is divided into five branches: the legislative branch, the executive branch, the judicial branch, transparency and social control function, and the electoral function.
The National Assembly is the main authority of the legislative branch, which is constituted by a single house of representatives. The Ecuadorian population can directly participate in its democratic system through democratic elections to elect government officers in public elections. The National Assembly website lists recently approved laws and bills currently being analyzed.
The National Assembly also plays a role in the amendment procedure, where legislative initiatives by citizens can be proposed. Grass-roots legal and regulatory initiatives can be proposed to the Legislative Branch of Government or any other body with regulatory jurisdiction. These proposals must be backed by at least 0.25% of the persons registered in the voter registration list of the corresponding jurisdiction. Those who propose a grass-roots initiative shall participate, through their representatives, in discussing the project in the corresponding body, which has 180 days to review the proposal.
The Constitution of Montecristi, approved in 2008, recognizes the historical social struggles in Ecuador and establishes the country's Constitutional Rule of Law and Justice. It also created the Public Defender's Office, which provides legal representation for those who cannot afford it. The Constitution guarantees due process, due diligence, and efficiency, and justice cannot be denied because of a lack of formalities.
Ecuador's legal system is primarily civil law, with Ecuadorian indigenous justice following customary law. The Constitution recognizes Indigenous Justice (Justicia Indígena), allowing indigenous communities to exercise jurisdictional powers based on their ancestral traditions and their own right within their territorial scope, with guaranteed participation and decision-making for women.
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Presidential decrees and their impact
Ecuador has a democratic system that allows for direct participation from its population. The country has a unitary judiciary branch that administers justice according to the Constitution, international human rights instruments, and the law. Presidential decrees are a feature of the Ecuadorian legal system and can be found on the webpage of the executive branch.
Presidential decrees can have a significant impact on the country and its population. For example, in January 2023, President Guillermo Lasso passed an unprecedented decree (Decreto 645) that reduced taxes on products harmful to health and the environment, including cigarettes, alcoholic beverages, and sugary drinks. This decree went against the recommendations of the World Health Organization (WHO), which states that increasing taxes on harmful products is an effective way to improve public health. The decree also potentially impacted the state's tax revenues and was seen as a move towards right-wing neoliberalism.
In another instance, President Lasso issued executive decrees 95 and 151 in 2021, which cleared the way for immediate changes to the government's policies on oil and mining. These decrees were denounced by some as unconstitutional, as they favoured the interests of oil and mining companies over the rights of the population and the protection of the environment. The decrees were also seen as a violation of the right to participate in decisions that affect communities and as a failure to comply with international human rights obligations.
Presidential decrees can also be used to address security concerns. For example, in 2024, President Daniel Noboa decreed a state of emergency in five coastal provinces due to "internal armed conflict" and drug trafficking. This decree allowed for the deployment of police and armed forces to tackle violent crimes and hostage-taking.
Overall, presidential decrees in Ecuador can have far-reaching consequences and have been used to implement policies related to taxation, economic development, security, and natural resource extraction. While they can address pressing issues, they can also be controversial and impact the rights and well-being of the Ecuadorian people.
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Indigenous Justice and customary law
Ecuador has a unitary judiciary branch, and judges administer justice according to the Constitution, international human rights instruments, and the law. The Ecuadorian judicial system guarantees due process, due diligence, and efficiency. The Constitution has also introduced witness protection programs.
Ecuador's 2008 Constitution establishes the country as a plurinational and intercultural nation. One of the most significant advancements has been the recognition of Indigenous justice systems to resolve disputes within their territories while considering their customs, laws, and socioeconomic circumstances. This includes the imposition of sanctions other than imprisonment.
The Organic Law of Jurisdictional Guarantees and Constitutional Control upholds the principle of Indigenous autonomy, stating that Indigenous authorities shall have maximum autonomy and minimal restrictions when exercising their jurisdictional functions within their territories, in accordance with their own Indigenous law.
The Constitution of the Republic of Ecuador explicitly includes Indigenous Justice (Justicia Indígena) as one of its state branches, recognising that Indigenous communities, peoples, and nationalities shall exercise jurisdictional powers based on their ancestral traditions and laws within their territorial scope, with the participation of women. This is further supported by Convention 169 of the International Labor Organization (ILO), which stipulates that the customs or customary law of Indigenous peoples must be considered when applying national legislation to them.
The Constitutional Court has contributed to Indigenous justice by establishing a body of case law that directs Ecuadorian society to respect Indigenous Peoples' self-determination and autonomy. However, in practice, the ordinary justice system often limits the powers of Indigenous authorities. Ecuador's new constitution, passed on September 28, 2024, is a significant step forward, recognising indigenous peoples' land rights, livelihoods, and the rights of nature.
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Corruption in the legal system
Ecuador gained independence in 1822 as part of Gran Colombia, from which it withdrew in 1830. The country has a population of approximately 18 million people, with Spanish, Kichwa, and Shuar as its official languages. The Ecuadorian legal system has a unitary judiciary branch, with judges administering justice according to the Constitution, international human rights instruments, and the law. The National Assembly, constituted by a single house of representatives, is the main authority of the legislative branch.
While the Ecuadorian judicial system guarantees due process, due diligence, and efficiency, it has also been criticized for corruption. The Ecuadorian judiciary is allegedly subject to political interference, bribery, and other forms of corruption. Judges are said to lack independence, and judicial proceedings can be lengthy, confusing, and inconclusive.
A notable example of corruption in the Ecuadorian legal system is the case involving former national assemblyman Pablo Muentes, who was sentenced to 13 years by the National Court of Justice (CNJ) for criminal conspiracy. Muentes secured promotions and granted favors for judges, who then ruled in his favor in a case with Ecuador's Pacific Bank. In another instance, U.S. District Judge Lewis Kaplan ruled that an $18 billion pollution judgment against Chevron by an Ecuadorian court had been obtained through bribery, fraud, and extortion by attorney Steven Donziger and his legal team.
Ecuador's government-owned oil firm, Petroecuador, has also been implicated in corruption, with oil executives, middlemen, and government officials allegedly enriching themselves through illegal "commissions" on oil shipments to PetroChina. The country's tax system has been criticized as untrustworthy, with frequently changing tax laws, widespread tax evasion, and a time-consuming filing process.
Furthermore, the Business Anti-Corruption Portal has criticized Ecuador's customs system as highly corrupt, especially during the import process, with irregular payments being common. In recent years, there have been convictions in high-profile corruption cases, such as the ""Purga" and "Metastasis" cases, indicating an anti-corruption push by Ecuador's Attorney General's Office. However, the sustainability of these efforts is uncertain due to upcoming political changes and the upcoming presidential election.
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Frequently asked questions
Ecuador is a constitutional state of rights and justice, a social, democratic, sovereign, independent, unitary, intercultural, multinational and secular state. The country is organized as a republic and is governed in a decentralized manner. The current legal system is Civil Law, except for the Ecuadorian indigenous justice system, which is customary law.
The sources of Ecuadorian law include the Constitution, international human rights instruments, and the law. Official gazettes are also primary sources of law, which are published by the government to communicate new legislation, regulations, and decisions of governmental bodies.
The power structure of Ecuador is divided into five state branches: the Legislative Branch, the Executive Branch, the Judicial Branch and Indigenous Justice, the Transparency and Social Control Function, and the Electoral Function.
There are five basic procedures by which the Ecuadorian population can directly participate in its democratic system: democratic elections, public consultations (referendums), recall of elected authorities, and the initiative to propose the creation and amendment of legislation.
The website of the Ecuadorian National Assembly has a list of recently approved laws and bills that are currently being analyzed. Additionally, the website of the Ecuadorian Judiciary contains information on actual cases to be decided, links to all the bodies of the Judiciary, and the legal background that rules the judiciary.
