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Indigenous justice and the violation of the principles enshrined in the constitution of Ecuador

Abstract:

The phenomenon of indigenous justice has become fashionable due to the number of executions that have taken place in Ecuador in recent times. Statistics indicate that at least eight people have died in lynchings and burns in the course of popular executions. Some concerns arise that are worthy of analysis, since they indicate that indigenous authorities exercise juris-dictional functions, based on their own right and within their own territory. This means that, in accordance with the provisions of Article 1 of the Constitution, Ecuador is a plurinational state, but one that offers extreme freedoms to its other nationalities, which to a certain extent violates the principle of unity enshrined in Article 1 of the Constitution. Furthermore, there are ques-tions about what constitutes indigenous law, its sources, the existence or non-existence of written norms, and who and why are the authorities that can exercise jurisdiction. There is no doubt about the lack of legal expertise and knowledge of the legislator when it comes to drafting standards, since the effects of such standards are not measured.