78
mayors and councilors presented by the regional indigenous political party
YATAMA in the RAAN and the RAAS, “because it had not provided for norms in
the Electoral Law that would facilitate the political participation of the
indigenous organizations in the different electoral processes of the Atlantic
Coast Autonomous Region of Nicaragua, according to the customary law,
values, practices and customs of the indigenous people who live there.”
179.
Arguments of the representatives
In addition to alleging the violation of Article 23 of the Convention, the representatives
of the alleged victims alleged that the State had violated Article 24 of the Convention,
in relation to Articles 1(1) and 2 thereof, an allegation that does not appear in the
application presented by the Commission. Regarding the violation of all these Articles,
the representatives proposed the same arguments that are summarized in paragraph
143 of this judgment, and also indicated that:
(a)
The State violated the political rights embodied in the Convention to the
detriment of the candidates presented by YATAMA and of the indigenous
communities who had chosen them, because it excluded these candidates from
the municipal elections, as a result of the resolution issued by the Supreme
Electoral Council on August 15, 2000, and the confirmation of this resolution by
the judgment of the Supreme Court of Justice of October 25 that year; by “not
allowing them to contest the resolution of the CSE, arguing that it referred to
‘electoral matters,’ and by not complying with its own domestic laws that
ordered the State to eliminate any barriers that stood in the way of equality
among all Nicaraguans and their effective participation in the country’s political,
economic and social life”;
(b)
The candidates of YATAMA could not exercise the political representation
of the indigenous organizations and communities that had chosen them
according to their customary law, values, practices, and customs, and they
could not fulfill their personal and community aspirations or take part in the
conduct of public affairs. In addition, “the indigenous communities [...] were
unable to be represented by their own members.” “The authorities who were
elected on the Atlantic coast do not represent 85% of the voters, most of them
indigenous people, who did not vote as a protest for the exclusion of YATAMA.
This absence of political representation has had a direct effect on the decisions
taken at the municipal level regarding the use and management of resources”;
(c)
YATAMA was unable to take part in municipal affairs, even though
indigenous people are the majority in the Atlantic Autonomous Regions.
Moreover, the legal existence of the YATAMA political party was jeopardized;
(d)
The Statute of Autonomy of the Atlantic Coast Regions “does not
guarantee the right of the indigenous people that inhabit this region to play an
active part in the decisions that affect them”;
(e)
The draft American Declaration on the Rights of Indigenous People
recognizes the right to self-government of the indigenous people and the draft
United Nations Declaration on the Rights of Indigenous People states that they
have the right to participate fully, if they so choose, at all levels of decisionmaking in matters which may affect their rights, lives and destinies through
representatives chosen by themselves in accordance with their own procedures,
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