. . SUSTAINABLE DEVELOPMENT . .
An article from Manos Unidas
After almost four years (from March 2021 to November 2024) we have reached the end of the project “Promoting a culture of Peace and Democracy through the strengthening of Indigenous Justice”, developed in Ecuador and co-financed by the European Union and Manos Unidas.
In this project we have had four local partners, the Ecuadorian Central for Agricultural Services (CESA), the Indigenous and Peasant Movement of Cotopaxi (MICC), the Central University of Ecuador (UCE) and the Council of the Judiciary (CJ), the latter being equivalent to the General Council of the Spanish Judiciary.
The reason for this project arose in a context of a serious conflict in Ecuador in 2019, when indigenous peoples and the most vulnerable populations saw their rights and the possibility of having a dignified life increasingly limited (rising prices for basic goods, failures in public services, etc.). One of the most serious situations was the criminalization (arrest and prison sentences) of indigenous leaders for the application of Indigenous Justice. Hence the title of the project is to promote a culture of peace and democracy, seating both parties (indigenous peoples and the State) at the same table, with the support of civil society (CESA and Manos Unidas) and the Academy (UCE).
Let’s put some context to better understand the demands of the peoples and nationalities of Ecuador:
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(Click here for the original Spanish version of this article.)
Question for this article
Indigenous peoples, Are they the true guardians of nature?
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The Ecuadorian Constitution of 2008 explicitly recognizes the rights of indigenous peoples, marking a milestone in the history of the country. In this regard, the Magna Carta establishes several provisions that seek to guarantee equality, justice and respect for the cultural, social and economic diversity of indigenous peoples. Among the most notable points we can point out the recognition of the plurinationality of the State (art. 1); the recognition of collective rights (art. 57), which includes the right to practice and promote their own forms of justice and traditional legal systems within their communities, as long as they do not contravene human rights; and finally, an intercultural justice system is established (art. 171) in which the possibility of indigenous peoples managing their own system of justice and conflict resolution is recognized, based on their traditions and customs, as long as they do not contravene constitutional principles and human rights.
High participation of women
The project has achieved great successes, as more than a thousand people from indigenous organizations have been trained in Indigenous Justice, Gender and New Masculinities and Community Communication, with a participation of women of more than 40%. A manual on Indigenous Justice with a gender perspective has been developed. Three public policies on intercultural dialogue, cooperation and coordination of dialogue systems between ordinary and indigenous jurisdictions have been approved, printing and distributing 3,000 copies of these policies so that they reach all ordinary justice operators in the country. Four courses on strategic litigation have been held in various regions of the country, with the participation of 200 people, and the project has closed with the II International Congress “Beyond Legal Pluralism”, with the collaboration of seven universities and more than 800 participants, including students, academics, professionals and authorities of indigenous peoples and nationalities.
The project was born in an attempt to reduce social tension and resolve cases of criminalization of indigenous leaders in the province of Cotopaxi. Unfortunately, we have been able to resolve few cases and the current context of Ecuador is not easy, but by building bridges we have generated a movement that will transform the entire country. The seed we planted is bearing fruit with the first applications of the policies of cooperation and coordination between ordinary and indigenous justice, allowing judges to delegate their powers to indigenous justice. The Indoamerican University has already committed to holding the third edition of the congress on legal pluralism and we have 20% more women in leadership positions in the communities.
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