Indigenous Justice Violates Rights Established In The Constitution Of The Republic Of Ecuado

Indigenous justice violates rights established in the Constitution of the Republic of Ecuado

INTRODUCTION

In this essay we will deal with the subject. "The indigenous justice", which is considered in the "Constitution of the Republic of Ecuador" that was approved on October 20, 2008 in Montecristi-Manabí. Based on the demand and request of these communities, for a long time these peoples and nationalities have been exercising their own practices and customs based on their right and always taking into account their own precepts with the sole purpose of establishing the order in their communities.

Several concepts explain to us on indigenous justice and it should be noted that indigenous authorities can resolve and solve the different problems that arise to day to day in the environment of their territories, in addition indigenous justice arises as a mechanism to strengthen and guarantee values and principles of these communities.

For the application of this justice, they consider indigenous justice as a real, live and not written right. With this we mean that they see indigenous justice as their own structure to resolve and solve conflicts through their own authorities.

But as we all know that for many years "indigenous justice" has been taken in other concepts by these indigenous communities, a very wrong conception that is not contemplated in our Constitution. Since Ecuador has been a great example to realize this.

Why do we say that "indigenous justice" violates the rights established in the Constitution of the Republic of Ecuador? Well, then we will deepen this issue that is of vital importance for all citizens and thus be able to reach a conclusion that is reliable to see what has really happened and is happening in Ecuador with this issue.

DEVELOPING

First we will begin talking about article 171 of the Constitution of the Republic of Ecuador which tells us the following: the authorities of the indigenous peoples and nationalities exercise their jurisdictional functions, with principle in their ancestral traditions and their own right within its scope territorial, with guarantees of participation and decision of women. The authorities will apply their own norms and procedures for the solution of their internal conflicts, which are not contrary to the Constitution and the human rights recognized in international instruments. 

Well, in the aforementioned article, this that the authorities of these communities will apply their procedures for the resolution of internal conflicts but at the same time said article also should be emphasized that they do not have to be contrary to the Constitution and even worse to the recognized human rights In international instruments. But unfortunately in our country as I said previously, the authorities of the indigenous peoples and nationalities have erroneous this concept erroneous.

Since with the application of this "indigenous justice" there has been a considerable number of violent deaths, it may sound a bit grotesque but it is the reality that happens in our country. In this context, generalize the "brutality of the sanctions" of indigenous justice is to ignore its meaning and conception. 

The physical punishment – one of the sanctions that this justice contemplates, but not the only one – should not decontextualize or present in a sensationalist way, as the media have usually done and some actors of ordinary justice and different governments. It should be added that the Ecuadorian indigenous justice has 32 systems of their own right (14 nationalities and 18 peoples) that have authorities, norms, procedures, sanctions and a worldview that characterizes them and differentiates them from each other. Therefore, it is also wrong to deny the reality of its diversity and its particularities, and conceive that there is only an indigenous justice. 

As the author mentions, these indigenous peoples have violated fundamental rights typified in the Constitution of the Republic of Ecuador, with application of this “indigenous justice” with the exaggeration in the application of this indigenous system, there are a variety of processes, such as the bathroom of Ortiga that is a punishment and torture that the communities of indigenous peoples and nationalities apply with which they punish the people considered responsible for a crime in their territory.

With the application of these sanctions the indigenous people seek the regret of the person and the commitment to rejoin the community and the repair of the damages caused, that is, not only does it seek to punish the culprit but to reconcile, it reaches an agreement there It remains in its own environment and is not isolated from the community as happens in ordinary justice. In baby chicha or the drink..

According to indigenous communities with the application of “indigenous justice” (drastic punishments) they reach the purification and healing of the soul and the body of the person responsible for a crime and thus manages to reach the point that this will be repeated and maintain the peace of mind In communities. 

Conclusions

With all the foregoing we can conclude that in reality “indigenous justice” if it violates fundamental rights established in the Constitution of the Republic of Ecuador at the time of its application, since they do not apply it as established in the law but in a very different way, causing indelible traces in those involved.

According to information, the authorities of these communities, nationalities and indigenous peoples take this resource since they believe that due to the legal way of fixing this type crimes is not very reliable since by legal means there are many common errors. That is why they prefer to take justice with their own hands, since applying indigenous justice are violating fundamental rights such as the right to life and the right to physical integrity.

It would be of great help if in the National Government it would take a little more interest to this issue in order to reach a reform in the sanction of crimes, which would have to be a little more drastic and thereby raise awareness among people than people than people than people than They are dedicated to committing crimes are clear.

Bibliography

• Agusto, or. C. (2010). “Indigenous justice according to the Constitution of Ecuador of year 2.008 ′. Basin.
• Ecuador, a. N. (2008). Constitution of the Republic of Ecuador. Montecristi .
• Fernanda, e. M. (2012). Living justice, legal pluralism and indigenous justice in Ecuador. Quito: Iberíia graphics .