The International Responsibility of the State for the Conduct of Indigenous Legal Systems: The Case of Ecuador

HAECK, Yves et al. (eds.), The Realization of Human Rights: When Theory Meets Practice. Studies in Honour of Leo Zwaak, Cambridge: Intersentia, 2013.

14 Pages Posted: 2 May 2014

Date Written: June 30, 2013

Abstract

Ecuador and other Latin American countries have recognised in their constitutions the right of indigenous peoples to maintain, use, and apply their own legal orders to solve their internal conflicts. The focus of this article is whether the State could be held responsible at the international level for the actions and omissions of indigenous authorities that violate human rights. Could the acts of indigenous authorities be considered as acts of the State according to international law? Or are these customary/traditional/religious practices mere acts between private individuals? The question here, then, is not whether indigenous customary law violates human rights, but whether an individual case of human rights violation committed within indigenous customary law proceedings could be attributable to the State according to international law. If the answer to the above-mentioned question is affirmative (that is in fact the case), the next question that will be discussed is: what are the duties that indigenous authorities have in their official capacity? The article will suggest that four duties have to be complied with in this regard: to respect human rights, to ensure human rights, non-discrimination, and the obligation to adapt internal law to international obligations.

Keywords: Indigenous legal systems, legal pluralism, Inter-American Court, international responsibility of the State, indigenous peoples

Suggested Citation

Ruiz-Chiriboga, Oswaldo R., The International Responsibility of the State for the Conduct of Indigenous Legal Systems: The Case of Ecuador (June 30, 2013). HAECK, Yves et al. (eds.), The Realization of Human Rights: When Theory Meets Practice. Studies in Honour of Leo Zwaak, Cambridge: Intersentia, 2013., Available at SSRN: https://ssrn.com/abstract=2431263

Oswaldo R. Ruiz-Chiriboga (Contact Author)

Ghent University ( email )

Coupure Links 653
Ghent, 9000
Belgium

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