Clashes between the Indigenous Justice System and Ordinary Law in Ecuador

Abstract

Indigenous groups in Ecuador have practiced their own justice system for hundreds of years. After the new Constitution was approved in 2008, the law has granted autonomy for the recognised indigenous minority communities in the country. However, there are various limitations to this system, despite the fact that the Ecuadorean law has accomplished to comply with international legal instruments on indigenous rights. While the law’s intention is to protect the country’s indigenous heritage, there are still many different issues at stake. This article addresses the debate regarding the constitutionality of indigenous justice, taking a look also at the human rights violations around the issue and other relevant problems.