46
(80%) of the municipalities [... and have] at least eighty per cent (80%) of the total
number of candidates.”59
124(25) Articles 83 and 84 of the 2000 Electoral Act establish that political parties or
alliances of parties, “through their respective legal representatives, may substitute
their candidates in one, several or all the districts during the period indicated or during
the extension they are granted by the Supreme Electoral Council.” Should the Council
“deny a request or reject a candidate because they do not comply with the legal
requirements, it will notify the political party or alliance of parties within the three days
that follow the decision, so that it may proceed to correct the defects or to substitute
the candidates.”60
B)
CONSTITUTION OF YATAMA AS A POLITICAL PARTY
124(26) On March 8, 2000, nine members of YATAMA signed a public instrument “to
establish a framework for and adapt its electoral participation [...] as a Regional EthnoPolitical group, in accordance with Article 71 of the [Electoral] Act [of January 24,
2000], for presentation to the Supreme Electoral Council, to obtain authorization to
proceed to [...] legalize [this organization] and fulfill the established formalities for
requesting legal status and being recognized as a ‘REGIONAL POLITICAL PARTY’.” In
this instrument, they appointed Brooklyn Rivera Bryan as their representative before
the said Council, and Centuriano Knight Andrews for the RAAN, and John Alex Delio
Bans for the RAAS as alternate representatives.61
124(27) The General Assembly of the Communities adopted the YATAMA Statute and
it was certified by notary public on March 30, 2000. This Statute established that the
said “ethno-political organization of the indigenous people and ethnic communities [...]
was governed by the [...] principles of the defense of the strategic interests of the
indigenous people and ethnic communities of the Caribbean Coast and Jinotega and, in
particular, the defense of the territories and self-government.”62
124(28) On May 4, 2000, one day before the expiry of the time limit for an
organization to obtain legal status to take part in the municipal elections of November
5, 2000, according to Article 77 of Electoral Act No. 331 of 2000 (supra para.
124(23)), the Supreme Electoral Council issued a resolution in which it granted
YATAMA legal status as a regional political party. In this resolution, the Supreme
59
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).
60
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, folio 36); 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 530); and resolution issued by
the Supreme Electoral Council on August 15, 2000 (file of appendixes to the application, tome II, appendix
15(2), folio 599).
61
Cf. public instrument of March 8, 2000 (file of appendixes to the application, tome II, appendix 9,
folio 556).
62
Cf. Article 3(a) of the YATAMA Charter of March 20, 2000 (file of appendixes to the application,
tome II, appendix 9, folios 560).
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