Reforms to direct democracy mechanisms in Latin America
The increase in the use of direct democracy mechanisms in Latin America, caused by the crisis in political representation, party instability and the emergency over new form of citizenship.
by Juan Camilo Vásquez Salazar, member of the #ObservatorioReformas and graduate of the Master's Degree in Social Sciences from Facultad Latinoamericana de Ciencias Sociales, Mexico.
Direct democracy is a governing system that groups together a set of tools for the advancement and effective running of citizen participation. This form of democracy involves the design of political institutions, such as the veto, so citizens may express themselves over processes and initiatives that differ from the ones that are part of the regular election of representatives. It is undeniable that mechanisms of direct democracy in Latin America illustrate the diversity of the region as well as the multiple ways in which citizens participate in politics.
The past few years have witnessed an increase in the use of direct democracy mechanisms in Latin America. This trend responds to factors such as the crisis in political representation, party instability and the emergency over new forms of citizenship, among others.
Researchers at the Observatory of Political Reforms in Latin America (#ObservatorioReformas) designed a database containing a total of 32 reforms connected to direct democracy - origin, normative consequences and new institutional designs - that have been implemented in the region. This database groups together reforms on citizen law initiatives, referendums, and mandate recall.
According to Lissidini, law initiatives and referendums are mechanisms that enable citizens to be better involved in the design and public decision-making processes channeled through public policy-making. On the other hand, mandate recall of the executive or legislative powers is a mechanism that provides citizens with defense instruments when faced with public policy initiatives that confront the public interest or the job of civil servants whose actions may be questioned.
The database classifies reforms in two groups. The first group includes those reforms implemented through constitutional mechanisms as well as laws, as is the case of Argentina (1994 Constitution, 1996 Law 24.747 and 2001 Law 25.432), Bolivia (2004 constitutional reform, 2009 Constitution and 2010 Law 26), Chile (1980 Constitution, 2019 Law 21200), Colombia (1991 Constitution with further reforms laid out in the 1994 Law 134 and the 2015 Law 1757), Ecuador (1979 and 1998 constitutional reforms, 2008 Constitution and the 2011 fundamental Law of citizen participation) and lastly Honduras (2005 constitutional reform, and the 2013 Law of citizen participation mechanisms).
The second group includes countries where these mechanisms were recognised only through reforms or new Political Constitutions, as is the case of Brazil (2008 constitutional reform), Costa Rica (2002 constitutional reform), El Salvador (1983 Constitution), Guatemala (1985 Constitution), Mexico (2014, 2019 and 2021 constitutional reforms), Nicaragua (1987 Constitution and its 2005 reform), Panama (1972 and 2004 Constitutions), Uruguay (1967 Constitution), and finally Paraguay (1992 Constitution).
Source: Observatory of Political Reform in Latin America
The #ObservatorioReformas database also captures the heterogeneity within the demands for the functioning of these mechanisms, for example, the minimum percentage of electoral register needed to enable the operation of the citizen law initiative. In certain countries, this mechanism requires a relatively low percentage of its electoral register, such as 1.5% in Argentina. In other countries this percentage is elevated to 25% of the electoral register, as is the case in Uruguay. Countries like Panama, Guatemala and El Salvador do not specify the required percentage of the electoral register needed to implement this mechanism.
Regarding mandate recall of the presidency and members of the Legislative Chambers, regulations in some countries in the region establish different percentages of the electoral register needed for the functioning of this mechanism. In Bolivia, the percentage is 25% in order to recall the presidency and 15% to recall legislators. In Ecuador, the percentage is 25% to recall legislators. In Mexico, a threshold of 3% is needed to recall the presidency, while in Venezuela this percentage rises to 20%.
The requirements to carry out referendums vary considerably throughout Latin America. According to the database, these requirements swing from 25% of the electoral register in countries such as Bolivia and Uruguay, to 10% in Perú, Colombia and Venezuela, 6% in Honduras, 5% in Costa Rica and Ecuador, down to a minimum of 2% in Mexico. Furthermore, the Observatory database indicates whether public power, understood as the national government, has the capacity to call for a referendum. It is important to underline, however, that this is the only direct democracy mechanism in the region that does not establish specific prerequisites.
How to cite:
Vasquez Salazar, Juan Camilo (23 de julio de 2024). Reforms to direct democracy mechanisms in Latin America. Blog #LabData, Observatorio de Reformas Políticas en América Latina. https://observatorioreformas.substack.com/publish/post/146725280
Download the dataset Mecanismos de Democracia Directa en América Latina