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Example of Indigenous justice

Agost 27/2010

Rafael Lumbi and the brothers Angel and Silvia Colcha were punished on Tuesday by leaders of this community of Canton Chambo, who's identified as the suspected theft of livestock.

The defendants, who remained in captivity for more than twelve hours, suffered punishment as walking a mile carrying a bag of sand, beating with nettles and icewater baths in the irrigation canal in the community.

According to the leaders of the area, the detainees have confessed to the crime.

During the adjudication hearing, the farmers produced a record of commitment in the presence of the relatives of those arrested. The letter indicates that the detainees are held responsible for any reprisals against any member of the communities and to repairthe damage to the victims of the robberies.

Later, the hostages were released.

What is meant by indigenous justice

The administration of indigenous justice in Ecuador is an issue that has often been misunderstood as lynchings, brutality and inhumane sanctions that threaten to universal rights. But the reality is different: for indigenous peoples, indigenous justice is the proper way toaddress and resolve conflicts through their own authorities, by conciliatory measures, in some cases or Exemplary in others, is restored collective harmony.

Indigenous peoples right to conceive of justice as a right living, dynamic, not written, which by their own authorities and a set of rules based on their customs, regulating various aspects of communal living, and allowed to exerciseeffective social control in their territories and among its members.

Brief analysis of the State Constitution and international instruments

New Constitution

Article 171: "The authorities of indigenous peoples shall exercise judicial functions, applying rules and procedures for the settlement of internal disputes in accordance with their customs or customary law, provided they are not contraryto the Constitution and laws. The law will make these functions compatible with the national judicial system. "

As we see, this constitutional provision states that indigenous authorities may settle and resolve the various conflicts that arise within the indigenous territories, according to the rules, procedures and sanctions own community or tribe.

This constitutional recognition reaffirmsthe diversity of cultures and the existence of legal pluralism in the country. Implies that in the same territory, live two or more legal systems. The Indian legal system is not static, historical change and its effect depends on the constant use of the customs and rules of social conduct of the various peoples that make up the country. But the two systems in turn looking for a single commongoal: harmony in social life of its members.

1998 Ratification of ILO Convention 169

Ratification of the National Congress and the Government of Ecuador to the Convention 169 of the International Labour Organization (ILO), in April 1998 was another milestone for indigenous peoples. So, in pertinent part regarding indigenous justice states:

• Article 8, paragraph 1 "In applying national lawsto the peoples (indigenous peoples) should take due account of their customs or customary laws."

• Article 9, paragraph 1. "As far as is compatible with the national legal system and internationally recognized human rights, must comply with the methods that the peoples concerned for the punishment of crimes committed by its members."

• Article 9, paragraph 2. "The authorities and courts torule on criminal matters should take into account the customs of indigenous peoples in the area."

• Article 10 paragraph 2. "Preference shall be given to methods of punishment other than imprisonment."

The United Nations Declaration on the Rights of Indigenous Peoples (Adopted on September 13, 2007).

Article 34. "Indigenous peoples have the right to promote, develop and maintain their...