Conflicts and Indigenous Justice in the Andes (Peru and Ecuador)

The project consisted of two parts. The first was embedded in a training program for representatives of the indigenous and the state judiciary, which InWEnt (today GIZ) was carrying out from 2004 to 2007 in Peru and Ecuador. The program was funded by the Federal Ministry of Economic Cooperation and Development (BMZ). During this phase, empirical field research was carried out on the fundamentals of indigenous law (customary law), on interpersonal conflicts in rural communities in the Andes, on the systems of conflict resolution, and on the problems associated with indigenous judiciaries. The research and training segment of the project along with its publications (in Spanish) were successfully completed by the end of 2007. The second part from 2010 to 2013 was supported by the PROINDIGENA program of the German Society for International Cooperation (GIZ), with funding from the BMZ. In this stage, a follow-up study was undertaken on the changes in indigenous justice since the initial investigation had been accomplished. Further attempts were made to promote the legal framework of indigenous justice by initiating discussion on the content necessary for a law on the coordination of indigenous and state justice. Decisions made by the state judiciary that strengthened the legal status of indigenous peoples were disseminated.

The Context:

In the face of the shortcomings on the part of the state administration of justice, people in the rural areas of Peru and Ecuador have maintained and developed their own system of customary law and an informal judiciary based on their indigenous culture. These systems have now gained constitutional recognition. However, human rights and constitutional guarantees are not always respected. At the same time, representatives of the indigenous judiciary are often illegally prosecuted by the state system.

Objectives:

The project was designed to help to optimize the conflict resolution procedures of indigenous communities and "rondas campesinas" (a sort of citizens' defense force) on the basis of human rights. It aimed at reaching a consensus within society regarding the scope and limitations of customary law and local/indigenous justice. Furthermore, the case law developed by state courts – in which indigenous justice is recognized – was meant to be strengthened. This should allow for important parameters for peaceful social development to be strengthened.

Measures:

The project was launched in December 2003 with a colloquium in Lima which discussed the complex project concept with a target-group of representatives and experts. The harmonized concept was agreed upon during a planning workshop held in March 2004 with representatives from partner organizations in Peru and Ecuador.
From 2005 to 2007, training was offered to representatives of the indigenous justice, judges, prosecutors and lawyers. It was aimed to promote an understanding for existing legal pluralism and to achieve smooth cooperation between the judicial systems. With support from PRIF, the partner organizations IDL and CIDES consulted state and non-state actors about the possible content and problems of coordination laws. They provided support for the editing of law texts through a consultation process with representatives from among the indigenous people and the campesinos and influenced draft laws that are currently in the legislative process in the parliaments of both countries.

The final project study "Conflict and Indigenous Justice in the Andes” (in German) on the indigenous conflict resolution systems, legal pluralism and the transformation of normative orders in Peru and Ecuador will be published in 2016 as part of the PRIF series by the publisher Nomos.