The group āNueva Constitución CRā (New Costa Rican Constitution) submitted a request Monday to the Supreme Elections Tribunal (TSE) to collect signatures across the country to hold a public referendum on drafting a new Constitution.
The group includes college professors, lawyers, entrepreneurs, citizen activists, writers, lawmakers and politicians from various parties.Ā Among them is former President Luis Alberto Monge Ćlvarez, the lastĀ survivingĀ memberĀ of the Constituent Assembly that drafted and approved Costa Ricaās current Constitution in 1949.
Monge, who presided overĀ the country fromĀ 1982 to 1986, was recently released fromĀ the hospital after recovering from aĀ respiratoryĀ arrest.
Former Comptroller General Alex SolĆs Fallas drafted the proposal presented Monday to TSE President Luis Antonio Sobrado.Ā SolĆs said the initiative seeks to overcome āCosta Ricaās current crisis of governability in a peaceful, inclusive and democratic manner.ā
He saidĀ the plan does not represent the interests of any political party, though several current and former politicians are involved, and that it aims to improve the quality of life of all Costa Ricans and make public administration more efficient.
Proposal for forming Constituent Assembly
The proposalĀ delivered Monday requests TSEās authorization to begin collecting at least 160,000 signatures ā the required 5 percent of registered voters ā in order to hold a referendum.
If approved, citizens would vote āYesā or āNoā to hold a national election for appointing 61 citizensĀ to a Constituent Assembly for drafting and passing a new Constitution.
The electionĀ would be open to members of political parties registered with the TSE, along with members of workersā unions, cooperatives, environmental groups, business chambers and professional associations.
Under the proposal, any citizen who is not part of one of these groups could also run as long as he or she can got the support of at least 20,000 registered voters.
If enough voters sign the petition, the election would take place the first Sunday of July 2019.Ā Elected members of the Constituent AssemblyĀ would take office in November that same year and would have 20 months to draft and approve a new Constitution.
If the plan gets that far, the new Constitution wouldĀ enter into force on Sept. 15, 2021 to coincide with the 200th anniversary of the Central American nationsā declaration of independence from Spain.
SolĆs said he believes a new Constitution is urgently needed because the country has become stagnant.
āThe last time our country saw a major achievement was the construction of the National Stadium, and it was a gift from the Chinese, and built entirely by them,ā he said Monday.
SolĆs told attendees at the TSE presentation that all candidatesĀ aspiring to a seatĀ atĀ the Constituent Assembly must promise the Costa Rican people to not eliminate or diminish rights established in the current Constitution, āespecially those of social content or associated with private property,ā he said.
Nueva Constitución CR leadersĀ believe a new Constitution should preserve current citizens’ rights and add new chapters, among others, related toĀ civic responsibilities. They also believe itĀ should add provisions to ensure greater protection of natural resources and should declare the state secular (Catholicism is the official state religion under the current Constitution).
The proponents also want to decentralize the government’s power with the aim of improving itsĀ administrative structure and management of public affairs.
History of Costa Rica’s Constitutions
Members of theĀ Nueva Constitución CR group believe the 1949 Constitution is outdated and doesn’t representĀ the country’s current reality.
Costa Rica drafted its first legislation as an independent republic in 1821.Ā Presidents and lawmakers later amended and added new laws that resulted in the countryās first Constitution in 1871.
After President Rafael Calderón Guardia was overthrown during the 1948 Civil War and a governing board headed by José Figueres Ferrer took office on May 8, 1948, Figueres immediately restored some chapters of the 1871 Constitution.
On Sept. 3, 1948, the governing boardĀ convened elections for a Constituent Assembly that appointed a group of lawmakers toĀ draft a new Constitution.
On Nov. 7 1949 the Assembly adopted the new Constitution, which is still in force.
Members of the Nueva Constitución CR describe the 1949 Constitution as a polished version of the one approved in 1871, and therefore long outdated.
āInstead of fixing the situation, we’ve been amending and creating new rules. As a result, to live and develop in our country has becomeĀ very difficult,ā the group stated in its principles.
But the 1949 Constitution also includes some of the countryās most celebrated characteristics, likeĀ the abolition of the army.
It lays out individual, social and political rights and duties, the separation of powers of the governmentās three branches, and the structure of publicĀ agencies.
According to Legislative Assembly records, the 1949 Constitution has been amended 62 times since its approval. Currently, there are over 40 bills pending approval aimedĀ at amending the wording of 61 articles of the Constitution.