Indigenous Jurisdiction: Recognition of Rights, Enforceability of Obligations

Abstract

The Political Constitution of Ecuador, like international instruments on indigenous rights, has recognized the authority of indigenous peoples to exercise jurisdiction in their conflicts and to resolve them in accordance with their own norms. Unfortunately, these constitutional principles have not been developed by law and, with few exceptions, have not received serious consideration from the Judiciary and the Public Prosecutor's Office. This essay reflects on the tensions between indigenous jurisdiction and human rights, and between indigenous and ordinary jurisdiction. It establishes some parameters for determining the validity of ancestral conflict resolution systems and the obligations of justice system operators with respect to indigenous customary law. Finally, it emphasizes the need to recognize legal pluralism, with all its implications.