42
“defending the historical right of the indigenous people and ethnic communities to their
traditional territories, and promoting self-government, [...] and the economic, social
and cultural development of Yapti Tasba, thus fostering community democracy within
the framework of democracy, peace and the unity of the Nicaraguan nation-State.”39
B)
STRUCTURE AND MEMBERSHIP OF YATAMA
124(12) The basic structure of the YATAMA communities consists of “the sons and
daughters of the indigenous and ethnic communities of the Nicaragua Moskitia, who
acknowledge their ethnic identity and defend [their own] strategic interests.”40
However, when YATAMA takes part in regional or municipal elections, it allows
members of “all the other people that are not indigenous, such as mestizos,” to be
candidates.41
124(13) YATAMA has its own organizational structure, inherited from its ancestors,
called “community democracy”. It is based on territorial, district and community
assemblies in the indigenous or ethnic territories, and regional assemblies in the RAAN,
the RAAS and Jinotega.42 Each community assembly, which is the decision-making
body of the community and district, is composed of the assembly of the families
(Tawan Aslika); namely, all the indigenous or ethnic families who belong to the
community or district, and this community assembly is headed by the Community
Council (Wihta Daknika), which is the assembly’s executive structure.43
124(14) The territorial assemblies are composed of the representatives of the
community assemblies of the indigenous and ethnic communities and districts
corresponding to the territory, and their executive structure is the Territorial Council.
Each community designates its candidates and proposes them to the assembly. The
territorial assembly is responsible for choosing the YATAMA candidates for the positions
of councilors for the Regional Council and the Municipal Council, as well as candidates
for mayors and deputy mayors in their own territory and municipality. It meets at least
39
Cf. expert evidence of María Luisa Acosta Castellón given before public notary (affidavit) on
February 14, 2005 (file of preliminary objections, merits and reparations, tome III, folio 874); and Article 2
of the YATAMA Charter of March 20, 2000 (file of appendixes to the application, tome II, appendix 9, folio
560).
40
Cf. Article 6 of the YATAMA Charter of March 20, 2000 (file of appendixes to the application, tome
II, appendix 9, folio 560).
41
Cf. testimony of Brooklin Rivera Bryan given before the Inter-American Court during the public
hearing held on March 9, 2005.
42
Cf. Article 16 of the YATAMA Charter of March 20, 2000 (file of appendixes to the application, tome
II, appendix 9, folio 560); testimony of Brooklyn Rivera Bryan given before the Inter-American Court during
the public hearing held on March 9, 2005; and testimony of Anicia Matamoros de Marly given before the
Inter-American Court during the public hearing held on March 9, 2005.
43
Cf. Articles 17 and 18 of the YATAMA Charter of March 20, 2000 (file of appendixes to the
application, tome II, appendix 9, folio 560).
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