El principio de autodeterminación y el reconocimiento a las costumbres ancestrales jurídicas de los pueblos Afroecuatorianos

Abstract

The Constitution of 2008 in Title Two Fourth Chapter develops Collective Rights for the Afro-Ecuadorian people, also establishing recognition of Rights and Principles typified in International Instruments such as ILO Convention 169, Charter of the United Nations, International Covenant on Human Rights Civil and Political, International Covenant on Economic, Social and Cultural Rights. In spite of the fact that the Magna Carta synthesizes Rights to the Afro-Ecuadorian People, the erosion of the Effective Protection of Rights to Black communities is evident, for that reason it is considered that the Legal Pluralism in Ecuador, develops with the Ordinary and Indigenous Justice, infringing the recognition to the Afro-Ecuadorian Jurisdiction. Although there are investigations that reflect the practice of Proprietary Law in Provinces of Esmeraldas and Imbabura, Afro-Ecuadorians are forced to be tried under Ordinary Justice. For this reason, we hold that it is important that the ancestral legal practices of Afro-Ecuadorian peoples be recognized through the Self-Determination Principle avoiding the violation of National and International Rights.