43
twice a year.44 Voting is public. Those elected go to the communities to introduce
themselves as candidates.45
124(15) The regional assembly is composed of the representatives of the “territorial
assemblies of the indigenous or ethnic communities or districts” that belong to a
specific region. The regional assembly adopts the electoral program and selects the
YATAMA candidates for the position of deputies in the National Assembly, and also the
candidates for mayors and deputy mayors of the regional capitals (Bilwi and Bluefields)
and ratifies the other candidates for elected office in the other municipalities and in the
RAAN and the RAAS regional councils.46
124(16) “Any leader or member of the organization has the right to be proposed as a
candidate for elected office by any of its structures or bodies.” Its structure can
propose candidates who are not members of YATAMA, with the support of “at least five
hundred signatures, certified by the Council of Elders, and they will be selected by the
majority vote of the representatives of the respective regional assembly.”47
C)
PARTICIPATION
OF
YATAMA IN NICARAGUAN ELECTIONS
AS AN INDIGENOUS AND ETHNIC
ORGANIZATION
124(17) YATAMA first participated in the regional elections in Nicaragua in 1990. In
1994, it again took part in these elections.48 In 1996, YATAMA took part in the
municipal elections for the first time. In 1998, it participated in the election for
councilors to the regional parliament and obtained 8 of the 45 seats on the RAAN
Autonomous Regional Councils and 4 of the 45 seats in the RAAS.49
124(18) YATAMA participated in these elections in the category of “public
subscription association,” under the provisions of the 1990 and 1996 electoral laws.
This category gave political participation to any organization assembling a minimum of
5% of the voters on the electoral roll of the respective electoral district, or registered
on the voters’ list in the preceding election. “Public subscription associations” could
present candidates for mayors, deputy mayors and municipal councilors throughout
44
Cf. Article 20 of the YATAMA Charter of March 20, 2000 (file of appendixes to the application, tome
II, appendix 9, folio 565); testimony of Anicia Matamoros de Marly given before the Inter-American Court
during the public hearing held on March 9, 2005; and testimony of Brooklyn Rivera Bryan given before the
Inter-American Court during the public hearing held on March 9, 2005.
45
Cf. testimony of Anicia Matamoros de Marly given before the Inter-American Court during the public
hearing held on March 9, 2005; testimony of Brooklyn Rivera Bryan given before the Inter-American Court
during the public hearing held on March 9, 2005; and sworn written statement by Centuriano Knight
Andrews made before notary public (affidavit) on February 14, 2005 (file of preliminary objections, merits
and reparations, tome III, folio 894).
46
Cf. Article 21 of the YATAMA Charter of March 20, 2000 (file of appendixes to the application, tome
II, appendix 9, folio 565).
47
Cf. Article 39 of the YATAMA Charter of March 20, 2000 (file of appendixes to the application, tome
II, appendix 9, folio 565).
48
Cf. sworn written statement by Centuriano Knight Andrews made before notary public (affidavit) on
February 14, 2005 (file of preliminary objections, merits and reparations, tome III, folio 892).
49
Cf. application for amparo filed by YATAMA’s legal representatives before the Civil Chamber of the
Court of Appeal of the North Atlantic District, Puerto Cabezas (file of appendixes to the application, tome II,
appendix 8(1), folio 528).
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