Mediation within the indigenous justice

Abstract

In accordance with the Constitution in the Republic of Ecuador, indigenous communities, peoples and nationalities are empowered to exercise jurisdictional functions in their territorial scope, in accordance with their ancestral traditions and their own law. Currently, the authorities of these communities can resolve the various internal controversies in accordance with their own laws and policies, as long as they do not violate the Constitution or internationally recognized human rights. The State must ensure that all public agencies and institutions adhere to the rulings of the indigenous jurisdiction; with the exception of criminal matters, which have a differentiated treatment in ordinary justice. With this approach, we recognize that the State is not the only source of justice, being applicable a parallel legal system that respects the norms of the native communities. Thus, conflict resolution alternatives such as mediation emerge as a viable method to resolve disputes. Due to his success in protecting the cultural norms and traditions of indigenous communities, this figure serves as an illustrative model of legal diversity. This paper delves into the value of mediation as a means to achieve legal pluralism that respects indigenous uses and customs.