Date: Sat, 11 Sep 1999 15:50:43 -0500 (CDT)
From: email@example.com (Rich Winkel)
Subject: RIGHTS-ECUADOR: Indigenous Groups Take Justice into Own Hands
/** ips.english: 434.0 **/
** Topic: RIGHTS-ECUADOR: Indigenous Groups Take Justice into Own Hands **y
** Written 9:11 PM Sep 10, 1999 by newsdesk in cdp:ips.english **
Copyright 1999 InterPress Service, all rights reserved.
Worldwide distribution via the APC networks.
Indigenous Groups Take Justice into Own Hands
By Kintto Lucas, IPS
10 September 1999
QUITO, Sep 10 (IPS) - Two recent cases of indigenous communities
taking justice into their own hands have caused concern in
Indigenous residents of Angahuana, a town in the central
mountainous region near the capital, are holding six individuals
accused of car theft in small prefabricated booths on one side of
the town square, pending their trial in accordance with indigenous
Although the constitution of this Andean nation, approved in
1997, recognises the use of indigenous laws in native communities,
Congress has not yet passed legislation to regulate that system of
"Our administration of justice is covered by the
constitution," said an indigenous spokesperson from Angahuana.
"We have not abducted anyone; we just want information in order
to find the members of the gang robbing and killing in our
But authorities fear a repeat of an incident that occurred Sep
1 in Cayambe, when a 15-year-old was burned to death by local
indigenous residents who accused him of belonging to a youth gang
that has committed several robberies in the area.
A group of over 300 locals seized the teenager, bathed him in
cold water, rubbed stinging nettles over his body - as part of a
"purifying rite" provided for by indigenous justice - and set
Indigenous parliamentary Deputy Nina Pacari, vice-president of
Congress, told IPS that the punishment meted out by native groups
in Ecuador always involved corporeal and spiritual cleansing.
"It has been demonstrated that nettles have curative
properties for the nervous system, which reacts in a positive
sense. That cleansing is completed with cold water," she said.
Pacari said that although indigenous justice provided for the
death penalty, it was only applied in extreme circumstances. She
explained that cases were first addressed by the council of the
family, then sent to the community council, and later to the town
council, and that after the trial, the entire community decided on
But it is not only indigenous communities that have been taking
justice into their own hands in Ecuador.
In 1996, 12 people were killed in lynching-style incidents, 14
in 1997, 17 in 1998, and 15 so far this year.
In October 1998, 60 taxi-drivers in Portoviejo, on the Pacific
coast, burned four minors accused of robbing a taxi-driver. Two of
them died on the spot, and the other two were seriously injured.
Shortly before that, residents of the coastal cities of Machala
and Guayaquil - the country's economic capital - lynched two
alleged thieves, who were pronounced dead on arrival at the
But Pacari maintained that a lynching in the cities was not the
same as the measures taken by indigenous communities, which had
their own legal system.
"We are native peoples, with different ways of life," she
said. "We have norms, laws and forms of administering justice
which have been part of our mechanisms for survival, and differ
from those of the West."
According to the parliamentary deputy, the laws followed by
indigenous groups - which account for 3.5 million of Ecuador's
11.5 million inhabitants - are based on the three basic principles
of do not lie, do not steal and do not kill.
"Our justice is collective, there is a trial," she stressed.
"In lynchings that take place in the cities, there is no justice,
because an enraged mob beats or otherwise injures the criminal
without any trial."
In Tungurahua, where the town of Angahuana is located, the case
of the six alleged car-thieves is not the first time local
residents have taken justice into their own hands.
Catholic priest Gonzalo Espinoza, the vicar-general of the
diocese of Tungurahua, said that although unjustifiable, such
incidents could be explained by the terror spread by criminal
gangs among the rural population.
Vicente Chato, leader of the Tungurahua Indigenous Parliament,
the top native authority in that province, told IPS that Ecuador's
justice system did not serve indigenous people.
"During the indigenous 'uprising' (widespread protests) in
July, an Indian girl was killed, and no authority investigated,"
said Chato. "The same thing occurs when gangs come into our
villages and kidnap, steal and kill, and no one is brought to
He added that it was all part of long-standing discrimination
against indigenous communities, pointing out that the armed forces
and civilian authorities had no problem cracking down on protests,
but did "nothing to combat crime" in indigenous communities.
Chato said the Indigenous Parliament would accept the decision
taken by the town council of Angahuana. "We have our own system
of government. We lament the absence of the police, but we will
not sit down and just wait," he added.
Instances of collective vigilante justice have mainly occurred
in the coastal provinces of Guayas and El Oro, the provinces of
Pichincha, Tungurahua and Cotopaxi in Ecuador's mountainous
region, and the Amazon jungle region of Sucumbíos, according to a
study by the Permanent Committee for Defence of Human Rights.
A survey conducted by the human rights group found that one in
five Ecuadoreans believed people had the right to take justice
into their own hands.
[c] 1999, InterPress Third World News Agency (IPS)
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