ABSTRACT
This chapter describes an internal conflict in the parish of Zumbahua that was taken to the Court of Justice in Latacunga. And it also concerns the members of one specific community, the Tiguans, who have a reputation for being easily offended. The previous empirical chapter might give the reader a false impression that disputes in the parish of Zumbahua are typically settled quickly and easily. This chapter will show that this is not always the case. In the Rosita vs. Miguel case, everybody involved seemed satisfied with both the settlement and the role of the teniente político, despite the fact that his authority had been challenged during the initial phase of the trial. The previous chapter on conflicts, authorities, and their procedures already made the general point that criticism of local authorities is not uncommon, and that indigenous people do not invariably advocate recourse to customary law. The present chapter aims to offer insight into what happens when such discontent becomes manifest, resulting in recourse to the national courts of Ecuador. The present chapter should therefore be read as an expansion of Chapters 5
and 6, which provide a thorough description of possible disputes, as well as a specific example of how one particular conflict was settled locally. Here, we will move beyond the locality of the parish of Zumbahua to the larger territorial units of the canton of Pujilí and the province of Cotopaxi. The dispute that will be examined here arose between two members of the well-known Toaquiza family, on the one hand, and some of their fellow community-members, on the other. This chapter addresses three important issues. First, it explores
what happens when a case never previously heard by local indigenous authorities comes before the provincial Court of Justice. Second, it examines what can be learned from this case concerning the differences between customary law and national law. Finally, we will see what this case has to teach us about the daily practice of formal legal pluralism. This chapter focuses on a single legal case, which will be used as an illustration
of how legal disputes can be settled in the national courts. There are a number of reasons why I have chosen to examine the present case, in which the initial conflict arose in a small indigenous community and in which the matter under dispute was eventually settled in national courts located in the province’s capital. First, Tigua is considered one of the most important communities in the Zumbahua parish, both within and outside Ecuador. It is famous for being the “heart” of art naïf paintings. In fact, Tigua’s fame has brought with it certain adverse consequences (for example, excessive immigration to the town and economic disputes). As such, it provides a good example of how no indigenous community is without frictions. Second, the authority involved is the Criminal Court in Latacunga, one of the authorities people from Zumbahua can turn to if they want to settle a dispute according to national law. “Toaquizas vs. the community” will be related in three different parts: the
charge, the verdict, and the appeal. This chapter begins, however, with a section providing some essential background information about the town of Tigua. The chapter will conclude with an in-depth analysis of the differences between traditional and national legal procedures that will shed light on how legal pluralism works in practice in the country of Ecuador.
