Access to justice for indigenous peoples: Diagnosis of the Kichwa Otavalo en Ecuador

Abstract

The project of a plurinational state in Ecuador has led to the consolidation of a dialogue between the diversities that make up this country, based on the principle of interculturality. Among different aspects, the recognition of indigenous jurisdictions is identified based on Article 171, shaping what is known as legal pluralism (Pluralismo Jurídico). This article explores how indigenous justice systems represent an instrument that guarantees access to justice, understood as a human right, a necessary debate in contexts where cultural elements, as well as racism and discrimination, determine limitations in access to justice for indigenous peoples. Based on surveys conducted in 4 parishes of the Otavalo and Cotacachi cantons with geolocation, the perception of people self-identified as indigenous on limitations in access to justice in contexts of legal pluralism was defined. The data elaborated from the use of Rstudio allowed us to conclude that cooperation and coordination processes are still weak, and that indigenous justice responds to the needs of the population in the absence of the state. It also highlights a low trust in ordinary justice compared to indigenous justice.