Some limits to indigenous justice in Ecuador

Abstract

The main objective of this research is to identify and explain the main limits established to the exercise of indigenous jurisdiction in Ecuador, for which we make a brief comparative study of the constitutions in force in Colombia, Venezuela and Bolivia; we begin with the finding that in the constitutions in force in these countries is recognized the right of indigenous peoples and communities to exercise jurisdictional functions, which implies the authority to define their own rules of conduct, establish obligations, duties, rights and guarantees, define faults and correlative sanctions, as well as procedures for the knowledge, investigation, and sanction of the facts under its jurisdiction. These are the same powers attributed to ordinary jurisdiction, which is why it is important to identify how the potential conflicts between both jurisdictions should be resolved, as well as the limits to be respected by the authorities of indigenous peoples and communities whose jurisdiction is based on their traditional rules and not in written law as ordinary jurisdiction. The main conclusion is that although indigenous jurisdiction does not have a corpus of written law that would provide a certain degree of certainty and legal security, in the exercise of their jurisdictional functions they must respect the limits established in the current law, especially the Constitution and human rights.