Justice And Indigenous Rights

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Justice and indigenous rights


Conceptualization of the indigenous term. The indigenous word focuses directly on a population that lives in the same place, considering it own or originally from it and that are differentiated communities by maintaining an ancestral relationship or link with the place where they live. It is also common to listen to using terms, such as native peoples, but regularly, the "indigenous" denomination to ethnic groups, which preserve non -European traditional cultures is applied. With this scope, human groups that present characteristics such as: "belong to organizational traditions prior to the appearance of the modern state are called indigenous, and belong to cultures that survived the planetary expansion of European civilization, native or aboriginal nations".


Indigenous Justice: According to Ocampo & Sánchez, they affirm that when we talk about indigenous justice, all the principles on which their rights is based, which are based on the harmonic relationship of the members of a community are considered. These rights are: love keel = not idle, love llulla = don’t lie, love shua = not steal. When talking about indigenous justice, emphasis can be placed on the customs and traditions that a people, community, and nationality maintains. In which their authorities legally chosen by each of the members are governed, to regulate various areas of activities, social relations and all types of conflict that develops within their community. The problems that happen within their territories cause the destruction of balance and harmony with nature and its society.

Its representatives or authorities have the power or obligation to restore this balance;Through compensation or compensation for damage, in addition to being a lesson for the other members of the community. In this regard, Ocampo & Sánchez “indigenous justice has the objective of using customary measures for the resolution of conflicts of different nature, and that applies only as it is: a conflict within their community and that the actors of the same are members members membersof the Community ”Indigenous Justice Procedure: the way of proceeding and the sanctions, according to Díaz & Antúnez, are according to the worldview of the communes, communities, peoples and nationalities, since the coexistence in the community is essential for thedevelopment of their lives.

For this reason the measure to repair the damages or losses is taken in communal assembly, but not by a single authority. In this way, according to Díaz & Antúnez, the procedure has the following particularities: it begins when the injured party informs the conflict authorities. The authorities initiate a research stage to verify what happened. A confrontation is carried out between the accused and the accuser, which is directly without third party intervention. A sanction is established if necessary. The same that depends on the severity of the accusation. The strongest sanction is the expulsion of the defendant of the community, there are no death penalties. If it was not of such gravity, the sanction goes from economic sanctions such as fines, compensation.

To physical sanctions such as cold water baths, the use of the orthiga or whip. The public lesson is of great commotion for the members of the community because they are their means of coexistence, these sanctions are not only physical but also moral. Justice and its relationship with Christian norms. According to the Holy Bible, Justice and its relationship with Christian norms, the main emphasis is placed on the following books, chapters and verses that are presented in: Psalm 106: 3: ‘Blessed are those who keep judgment. Those who do justice at all times ’this verse tells us about those people who practice justice and are fair at all times, using their authority, to somehow compensate for the damage caused to a person and punish the one who inflicted him. 

It is also understood that God loves justice, and blesses anyone who practice. Isaiah 1:17 ‘Learn to do good;Look for the trial, restore the aggrieved, do justice to the orphan, protected to the widow ‘This verse refers to the authorities, how the law should exercise, so that the afflicted person can find comfort and the oppressor can achieve a punishment fromaccording to the damage caused. These must always pay more attention to the defenseless, to the one who has less chance of defending. On the other hand, we must understand that not only the authorities are called to apply justice, but all of us. We must ensure compliance with our rights and prevent their violation, towards anyone.

Isaiah 61: 8 ‘Because I Jehovah, I am a lover of law, abhorrer of the latrocinio for the holocaust;Therefore affirm his work in Veranddamage to another person. The authorities and fair people are well seen in the eyes of God. He will reward them for all good justice practice, to the defenseless and make an eternal alliance with them. Constitution of Ecuador: The 1998 Constitution in its Art. 84, recognizes a series of collective rights aimed at communes, communities, peoples, indigenous nationalities and Ecuadorian Afros. Such as the right to maintain possession of their ancestral territories.

Develop and maintain their identity and traditions in the spiritual, cultural, linguistic, social, political and economic. It recognizes the right to be consulted on the projects of prospecting and exploitation of non -renewable resources, which are found in their territories. The same legal instrument in art. 191 subsections 4, read the following: “The authorities of the indigenous peoples will exercise functions of justice, applying their own norms and procedures for the solution of internal conflicts in accordance with their customs or customary law, provided that they are not contrary to the Constitution and thelaws ". The 1998 Constitution already recognized legal pluralism within the State. At present, the 2008 Constitution in Art. 171, recognizes that the authorities of the communities.


Indigenous peoples and nationalities apply norms and procedures of their traditions for the solution of their internal conflicts, and that are not contrary to the Constitution and human rights. It also establishes that the law will determine coordination and cooperation mechanisms between indigenous jurisdiction and ordinary jurisdiction, as it states that the State will guarantee respect for said decisions. The art. 57 of the same Constitution establishes a series of collective rights to the communes, communities, peoples and indigenous nationalities within which in numeral 10, its right to create, develop, apply and practice their own or customary right, whichcannot violate constitutional rights, particularly women, children and adolescents.

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