45
political parties,54 a form of organization that is non-characteristic of the indigenous
and ethnic communities of the Atlantic Coast.55
124(21) Article 71 of the 2000 Electoral Act establishes that “regional parties may be
formed in the Atlantic Coast Autonomous Regions, and their sphere of action shall be
restricted to their districts. The requirements shall be the same as those established
for national parties, but circumscribed to the administrative political division of the
Autonomous Regions.” This law establishes that “[i]n the case of the indigenous
organizations, their own natural form of organization and participation will be
respected so that they may form regional parties.”56
124(22) Article 65(9) of the 2000 Electoral Act establishes that, to obtain legal
status, a political party must “[p]resent a duly authenticated document demonstrating
support by means of the signatures of at least three per cent (3%) of the total voters
registered on the electoral roll in the last national elections.” Furthermore, Article
77(7) of this law stipulates that, in order to present candidates, the political party must
present the signatures of 3% of the voters with their identity card number, as
established in Article 65 of the said law, with the exception of political parties that, in
the previous national elections, had obtained a minimum of 3% of the valid votes in
the presidential elections.57
124(23) The first paragraph of Article 77 of the 2000 Electoral Act establishes that in
the case of organizations wishing to take part in elections that are not for national
authorities (such as municipal elections), in order to present candidates, they must
“have obtained their legal status at least [...] six months” before the date of the
elections, and “submit a written request [...] to the Supreme Electoral Council.”58
124(24) Article 82 of the 2000 Electoral Act stipulates that, in the case of municipal
elections, the political parties must register their candidates “in at least eighty per cent
54
Cf. Electoral Act No. 331 of January 24, 2000 (appendixes to the brief with preliminary objections,
answering the application and with comments on the brief with requests and arguments, appendix D, file of
preliminary objections, merits and reparations, tome II); 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 893).
55
Cf. testimony of Brooklyn Rivera Bryan given before the Court during the public hearing held on
March 9, 2005; testimony of John Alex Delio Bans given before the Inter-American Court during the public
hearing held on March 9, 2005; and expert evidence of María Dolores Álvarez Arzate given before the InterAmerican Court during the public hearing held on March 9, 2005.
56
Cf. Electoral Act No. 331 of January 24, 2000 (appendixes to the brief with preliminary objections,
answering the application and with comments on the brief with requests and arguments, appendix D, file of
preliminary objections, merits and reparations, tome II); Desarrollo humano en la Costa Caribe de Nicaragua
[Human Development in the Caribbean Coast of Nicaragua]. Report prepared by the Programa Nacional de
Asesoría para la Formulación de Políticas with the support of the Consejo Nacional de Planificación Económica
Social (CONPES) (file of appendixes to the application, tome II, appendix 7, folio 513).
57
Cf. Electoral Act No. 331 of January 24, 2000 (appendixes to the brief with preliminary objections,
answering the application and with comments on the brief with requests and arguments, appendix D, file of
preliminary objections, merits and reparations, tome II).
58
Cf. Electoral Act No. 331 of January 24, 2000 (appendixes to the brief with preliminary objections,
answering the application and with comments on the brief with requests and arguments, appendix D, file of
preliminary objections, merits and reparations, tome II).
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