44
the country and also for members of the Councils of the Atlantic Coast Autonomous
Regions.50
124(19) The indigenous and ethnic communities that form part of YATAMA or to
which this organization caters do not have a road network, so that most of the access
routes to its territories, particularly in the RAAS, are by river. There is no public
transport, which increases the cost of access to most of these communities. The
communities are widely spread out, with a population density of 11.72 inhabitants per
square kilometer in the RAAS and 7.2 in the RAAN; the national average is 31.14
inhabitants per square kilometer.51 Despite this, the candidates selected by YATAMA
maintain direct, personal contact with the communities that selected them, and from
which they receive support in the elections. YATAMA carries out its business according
to the oral tradition.52
YATAMA IN THE MUNICIPAL ELECTIONS OF NOVEMBER 5, 2000
A)
ENACTMENT OF ELECTORAL ACT NO. 331 OF JANUARY 24, 2000
124(20) On January 24, 2000, a new electoral law (Act. No. 331) (hereinafter “the
2000 Electoral Act” or “Electoral Act No. 331 of 2000”) was published in Nicaragua’s
official gazette, approximately nine months before the date of the following municipal
elections. This new law did not include the category of “public subscription
associations”, which had been included in the electoral laws of 1990 and 1996 (supra
para. 124(18)), among the groups that could take part in the elections.53 The new law
only allows groups to participate in the electoral processes in the legal category of
50
Cf. 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 892); 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), folios 528);
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, folios 512 and 513); and Articles 1, 81 and 82 de la Electoral Act No. 211
of January 8, 1996 (evidence incorporated de oficio by the Court under Article 45(1) of its Rules of
Procedure).
51
Cf. 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 471); and 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 880).
52
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 expert
evidence of María Dolores Álvarez Arzate given before the Inter-American Court during the public hearing
held on March 9, 2005.
53
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).
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