Ecuador News

Moreno’s referendum gets endorsement from the right and left, although many say it doesn’t go far enough

“It’s clean, it’s simple, and it’s safe,” is how Romero Salazar describes the slate of questions that President Lenin Moreno has chosen to include on the national referendum to be held in January or February.

Guillermo Lasso

“The questions also show Moreno as a savvy, sophisticated politician,” says Salazar, who advised the campaign of former president Rafael Correa. “He avoids more controversial topics that could complicate the referendum, knowing that his high approval ratings mean that all seven of his questions will almost certainly be decided in his favor. He also includes questions about environmental protection and child abuse that no one will object to.”

Almost all major political parties and movements, from both the right and the left, say they will vote yes on the questions, although most say they would have liked to see questions that promote their agendas. Conservative Guillermo Lasso, who Moreno narrowing defeated in May, endorsed the questions, saying they include ones that would have asked on his own referendum if he had won. Centrist Guayaquil Mayor Jaime Nebot has also signed on, as has Jaime Vargas, president of the leftist indigenous coalition, Conaie.

Jaime Nebot

Lasso says he would have liked to see more questions to reduce taxes and regulation of businesses while Vargas would prefer a vote on granting amnesty to indigenous protesters arrested in 2015.

The only open opposition comes from Moreno’s own Alianza Pais (AP) party, where some members object to the question that would block Correa’s return to the presidency, and to a lesser degree, the question that will do away with a law that imposed high capital gains taxes on real estate sales.

“In general, the Correistas in AP are keeping their heads down, understanding the cost they would pay for being on the losing side,” says Salazar.

Jaime Vargas

Like almost all  observers, Salazar agrees that the biggest issue on the ballot is the reversal of the 2015 amendment passed by the National Assembly allowing the indefinite reelection of public officials, including the president. “The vote will effectively neuter Correa, taking away most of his power and reducing his legitimacy,” he says. “After that, it’s an entirely different ball game in Ecuador politics.”

The seven questions

The following are the seven questions Moreno proposes for the referendum ballot. They are currently undergoing a review by the constitutional court, which could change the wording of some of them.

  1. Do you agree that the Constitution be amended to punish anyone convicted of acts of corruption by terminating their ability to participate in the political life of the country and with the loss of their property?
  1. To guarantee alternation in power, do you  agree to amend the  Constitution so that elected officials can be re-elected once to a four-year term (total of eight years in two terms) only….,  leaving indefinite  reelection ineffective?
  1. Do you agree to amend the  Constitution  to restructure the Participation  Council, as well  as to terminate the term of its current  members, and that the Council that temporarily assumes has the  power to evaluate the performance of the authorities  …, being able to terminate their periods early?
  1. Do you agree with the repealing of the Organic Law to Prevent  Speculation on Land Value and Taxation, known as the “Capital Gains (Plusvalia) Act”?
  1. Do you agree to amend the Constitution of the Republic of Ecuador  so that sexual offenses against children and adolescents never prescribe?
  1. Do you  gree to increase the intangible area to at least 50,000  hectares and reduce the area of oil exploitation authorized by the National Assembly in the Yasuní  National Park from 1,030 hectares to 300 hectares?
  1. Do you agree to amend the Constitution to prohibit, without exception and during all stages, metallic mining in protected areas, intangible  zones and urban centers?
  • Will someone please clarify #5: “Do you agree to amend the Constitution of the Republic of Ecuador so that sexual offenses against children and adolescents never prescribe?”
    thank you.

    • StillWatching

      Based on the original Spanish, it seems to say that the Constitution should be amended to ensure that sexual offenses against children are never tolerated. Yes, that is vague and weak and leaves to the legislature to determine the specifics of the law, enforcement and sanctions and means virtually nothing when it comes to making actual meaningful changes that will protect children. I’d also like to see something specific that comes down hard on abuse of even adult women, at the hands of machistas who consider it their birthright to dominate women in many ways.

    • Tamara

      In another translation it indicated that the time to file charges for sexual offenses against children would never expire if this passes.

    • Michael Berger

      When I arrived as a single person in 2009 the first thing I did was to look up age of consent laws. At that time it was 16 years old and I imagine it still is. There was a clause saying something about a 14 year old age of consent for a person with a bad reputation and I am not sure what that means. Concerning this current legislation I think the plan here is to have people vote to protect children and then pass some law that ignores biological reality and bumps the minimum age for consent up to something artificially high 18 years. This probably has much more to do with the synchronization of laws globally than anything else. There are already laws on the books that should protect children but they are not enforced, especially when the abuser or rapist is a close or immediate family member and unfortunately I do not envision that changing any time soon as it is more of a cultural issue of saving face and ignoring problems than anything. Unless they changed 16 to 18 sometime these last years then this Wikipedia article is wrong. I think they should probably raise the bare minimum age of consent to 16 years old rather than 14 as it is now because some 14 year olds, even some 15 year olds have not yet completed puberty, also younger people here tend to have very immature minds for their age.
      https://en.wikipedia.org/wiki/Ages_of_consent_in_South_America#Ecuador

  • StillWatching

    It appears that only hard core Correistas and faulkner are against this referendum. What does that tell you?