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Council resolved not to register the candidates proposed by YATAMA in the RAAS, it
considered that, since the party that had presented itself in alliance with YATAMA was
excluded, YATAMA alone did not comply with the requirement that it should present
candidates in 80% of the municipalities in the territorial district (supra para.
124(51)(a)).
222.
The witness, Brooklyn Rivera Bryan, explained that:
They were obliged to [...] enter in other areas where there were no indigenous people,
because the Electoral Act makes it obligatory to have 80% of the candidates that must be
registered in all the municipalities. Consequently, in the Autonomous Region, there are
indigenous municipalities where they predominate, where they exercise their leadership
and structure, but there are other municipalities which are mestizo or ladino [with which
they have] no connection or interest, but the law obliges them to organize and take part in
the processes in these municipalities; otherwise [they would] be disqualified from
participating in the elections.
223. This requirement of Electoral Act No. 331 of 2000 constitutes a disproportionate
restriction that limited unduly the political participation of the candidates proposed by
YATAMA for the municipal elections of November 2000. It did not take into account
that the indigenous and ethnic population is a minority in the RAAS, or that there were
municipalities in which they did not have the support to present candidates or where
they were not interested in seeking this support.
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224. The Court finds that Nicaragua did not adopt the necessary measures to
guarantee the enjoyment of the right to be elected of the candidates proposed by
YATAMA, who are members of the indigenous and ethnic communities of the Atlantic
Coast of Nicaragua, because they were affected by legal and real discrimination, which
prevented them from participating, in equal conditions, in the municipal elections of
November 2000.
225. The Court considers that the State should adopt all necessary measures to
ensure that the members of the indigenous and ethnic communities of the Atlantic
Coast of Nicaragua can participate, in equal conditions, in decision-making on matters
and policies that affect or could affect their rights and the development of these
communities, so that they can incorporate State institutions and bodies and participate
directly and proportionately to their population in the conduct of public affairs, and also
do this from within their own institutions and according to their values, practices,
customs and forms of organization, provided these are compatible with the human
rights embodied in the Convention.
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226. The violations of the rights of the candidates proposed by YATAMA are
particularly serious because, as mentioned above, there is a close relationship between
the right to be elected and the right to vote to elect representatives (supra para. 197).
The Court finds it necessary to observe that the voters were affected as a result of the
violation of the right to be elected of the YATAMA candidates. In the instant case, this
exclusion meant that the candidates proposed by YATAMA were not included among
the options available to the voters, which represented a direct limitation to the
exercise of the vote and affected negatively the broadest and freest expression of the
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