Ecuador’s Constitutional Court Challenges President Noboa’s Referendum Initiative
In a decisive ruling, Ecuador’s Constitutional Court asserted that President Daniel Noboa’s recent orders to hold a referendum on the return of foreign military bases and the formation of a Constituent Assembly contravene legal norms. The Court’s statement underscores the importance of constitutional adherence in a democratic state, reports 24brussels.
On September 19, 2025, Noboa issued Executive Decrees 147 and 148, calling for a popular vote involving over 13 million Ecuadorians to reform Article 5 of the Constitution and potentially draft a new Magna Carta. However, the Court insisted that all state institutions must act within their legal boundaries, warning that the proposed referendum violates established procedures for constitutional amendments.
The Court emphasized that decisions by state institutions are mandatory and binding. “No body can ignore constitutional mechanisms,” it stated, urging authorities to respect the processes required for any amendments to the Constitution. Noboa, however, maintained his course, declaring that “the obstruction that certain politicized organizations attempt to impose on the change the country needs will not be a reason to stop the will of the Ecuadorian people.”
In parallel, the Executive Branch is set to introduce a third decree proposing a vote to eliminate state funding for political parties. This measure has already been deemed constitutional by the Court and would necessitate modifications to Article 110.
Pichincha prefect Paola Pabón voiced her criticism of Noboa’s decision, stating that convening a Constituent Assembly without a prior ruling from the Constitutional Court undermines the social contract and threatens the rule of law. She contended that this approach diminishes established legal protections and fosters potential arbitrariness while defending the integrity of the 2008 Montecristi Constitution.
Implications of the Military Bases and Constituency Assembly Proposal
The proposed reform to Article 5 would reverse the prohibition against foreign military bases, framed as a measure to combat drug trafficking. Analysts argue it represents a dangerous concession of sovereignty. Historically, the US base in Manta (1999-2009) did not curtail drug trafficking, as seizures paralleled its operations, instead serving US geopolitical interests in the Eastern Tropical Pacific.
Recent developments further complicate the scenario, with the government reportedly ceding parts of the Galapagos Islands for a US Southern Command base, raising concerns regarding environmental degradation and international treaty violations. Former Vice Foreign Minister Fernando Yépez labeled this move as “colonial servility,” warning of the potential resurgence of human rights violations and geopolitical strife.
While Noboa envisions the Constituent Assembly as a pathway to constitutional reform, critics view it as a mechanism to bypass institutional checks and consolidate authoritarian governance. The current Constitution mandates that amendments or partial reforms undergo processes involving both the National Assembly and referendums, reserving Constituent Assemblies for significant alterations to rights and state structures.
Noboa’s calls for a new assembly appear aimed at facilitating specific changes, including the removal of state funding for political parties and altering the criteria for the appointment of constitutional judges, a move seen as an attempt to undermine the Court’s role as a protector of rights. The tension escalated as the Court had previously suspended Noboa’s laws that infringed upon human rights, including the controversial Intelligence Law.