Constitutional Sovereignty vs. Security Imperative: Ecuador’s Referendum on Foreign Military Bases

The Republic of Ecuador is currently navigating a pivotal constitutional juncture following the nationwide popular referendum convened by the administration of President Daniel Noboa on November 16, 2025. At the core of this institutional moment is a proposed amendment directly targeting the fundamental constitutional prohibition against the establishment of foreign military bases or facilities on Ecuadorian soil, a measure rigorously encoded in Article 5 of the 2008 Montecristi Constitution. This provision, which defines the nation as a “territory of peace,” served as the legal basis for the 2009 closure of the U.S. Forward Operating Base in Manta. The government’s justification for seeking this constitutional reversal is explicitly rooted in the severe degradation of internal security, citing soaring homicide rates and the demonstrable inability of domestic forces to autonomously counter the complex operational scope of transnational organized crime, drug trafficking networks, and associated mafias that have destabilized the Andean nation.

The process initiating this constitutional alteration involved passage through the National Assembly on June 3, 2025, followed by validation through the Constitutional Court, thereby paving the way for the popular mandate. The proposed repeal is designed to enable the rapid establishment of strategic security partnerships, primarily with the United States, facilitating enhanced intelligence collaboration, technology transfer, and joint interdiction operations aimed at securing maritime routes and vulnerable ports. This strategic shift represents a significant departure from the constitutional nationalism championed by the previous administration. While proponents frame the reform as an indispensable and narrowly tailored response to a declared state of internal armed conflict, critics raise serious and substantive concerns regarding the diminution of national sovereignty and the potential for long-term strategic dependencies that could compromise Ecuador’s non-interventionist foreign policy.

Beyond the specific mandate concerning foreign garrisons, the referendum includes other measures that collectively present a structural challenge to the integrity of the 2008 charter, notably a proposition to initiate an expedited process for convening a new Constituent Assembly. For legal scholars, this represents a potential ‘slippery slope,’ allowing for the wholesale reconfiguration of the state’s institutional architecture and potentially leading to a concentration of executive power. Concerns are particularly acute regarding the fate of jurisprudence established under the Montecristi Constitution, including the globally pioneering recognition of the Rights of Nature, and the accountability mechanisms governing state institutions, such as the Constitutional Court itself. The outcome of this vote will thus determine not only Ecuador’s security posture but also its fundamental commitment to its existing constitutional framework and democratic checks and balances.