Intercultural dialogue as a precondition to mitigate tensions between the ordinary and the special indigenous jurisdictions in Colombia and Ecuador

Abstract

Despite the jurisprudence issued by the Constitutional Courts of Colombia and Ecuador, which resolve tensions between the ordinary jurisdiction and the special indigenous jurisdiction, these continue to arise on issues such as prior consultation, legitimacy of the penalties applied by indigenous authorities, ethno-education (Colombia), bilingualism (Ecuador), and the rights of isolated indigenous peoples, to mention a few examples. In addition, the special indigenous jurisdiction is endorsed both by the Political Constitution of each country and by the international community, particularly by the American Declaration on the Rights of Indigenous Communities.

However, even the majority society and public officials, not only those linked to the judicial branch, still do not fully accept the decisions made by the indigenous authorities in their territory.

It could be said that the special indigenous jurisdiction has not been able to occupy its rightful place in the jurisdictional sphere of the countries. This article will recount the most significant events that have occurred at the international level and in each of the countries, up to the creation of the special indigenous jurisdiction and show the tensions that its creation and operation have caused, through the jurisprudence of the Constitutional Courts.

Finally, it is necessary to promote intercultural dialogue between the ordinary jurisdiction and the special indigenous jurisdiction, with a strong participation of the majority society and the indigenous community, as a real possibility for the special indigenous jurisdiction to reach its full development.