Jurisdicción wayuu en Colombia : mecanismos de resolución de conflictos y convergencia con la jurisdicción ordinaria

Abstract

Colombia is a multicultural and multiethnic State in which the different indigenous communities that inhabit the national territory, which are specially protected ethnic minorities, are given the freedom and autonomy to have their own beliefs and their own normative systems, which makes Colombia a very diverse State. However, this can be a challenge because sometimes there are problematic situations in which the boundaries between the ordinary legal system and the indigenous legal system, in this particular case the Wayuu system, can become blurred, for example when the Wayuu have problems among themselves and can not solve them so they go to the ordinary jurisdiction or when there is a conflict between a Wayuu person and a person without a defined ethnic identity. In these cases is when the authorities of the ordinary legal system must analyze how to resolve these conflicts protecting the cultural rights of these people with ethnic identity and seeking a fair solution for both parties. In this paper we will analyze the work of state entities in the resolution of these conflicts and the extent of the freedom and autonomy of the Wayuu jurisdiction and the ordinary jurisdiction.