Post-development, judicial pluralism and indigenous territorial rights: the case of Ecuador in the light of the Montecristi Constitution
On June 28th, 2018 Yesica Álvarez Lugo defended her doctoral thesis enrolled in out Development Studies Programme. The thesis is titled: “Postdesarrollo, pluralismo jurídico y derechos territoriales indígenas: el caso de Ecuador a la luz de la Constitución de Montecristi (Postdevelopment, judicial pluralism and indigenous territorial rights: the case of Ecuador in the light of the Montecristi Constitution)”.
This thesis deepens in the study of the conflicts that occur within the defense of indigenous people’s rights in relation to their lands, territories and natural resources in the framework of the debates on postdevelopment and judicial pluralism. This based on the case study of Ecuador, dominated by the judicial monist doctrine and a conventional-economistic development model.
In addition to identifying and studying the character of those conflicts, this thesis shows the advances and limitations of the new Ecuadorian constitutional regime to channel and regulate different types of conflict caused between the judicial systems of the indigenous people and the classic monist interpretation of the Law by the State.
Likewise, and within the current frame of the Montecristi Constitution, the various difficulties rising in the praxis of implementing a judicial pluralism in a postdevelopmental key that coordinates with the rights claimed by the indigenous populations and state Law are shown. This in spite of the recognition of indigenous rights in the constitution together with a type of strong judicial pluralism, and the declared objective of progressing towards the consecution of Sumak Kawsay, respecting the rights of Nature and constituting a plurinational and intercultural State. Al this framed within the context of the debates in relation to the development model in Ecuador and the existing tensions on the interpretation of Good Living between the neo-developmental and post-developmental approaches.