Indigenous Justice From a Human Rights Perspective - A field study of Kichwas in the Andean region of Ecuador

Abstract: In Ecuador the traditional indigenous justice has been practiced alongside with the national justice since the conquest in the 16th century. As of 1998 it is legally recognized by the state through the ratification of the Indigenous and Tribal Peoples Convention C169 and the subsequent adoption of a new constitution. Since then the rights of the indigenous peoples have been further developed by the adoption of Ecuador’s present constitution in 2008. In this thesis the indigenous justice is examined from a human rights perspective and especially the responsibility of the Ecuadorian state in guaranteeing the human rights of its indigenous citizens is discussed.In order to collect empirical material for the thesis a field study was carried out in the Andean region of Ecuador. Individuals with knowledge of, and experience in, the indigenous system of justice were interviewed in primarily the capital Quito and in the indigenous Kichwa-village Apatug.The findings from the field study give an understanding of how the indigenous justice is practiced among the indigenous people Kichwa today and the cultural values that support it. The field study also shows that the Ecuadorian state is not succeeding in guaranteeing the human rights within the indigenous justice. Especially the failure of protecting its citizens from corporal punishments is a violation of human rights.