99
(i)
To create “by law, a Secretariat for Indigenous Affairs, which should be
responsible for meeting the needs of this sector of the population; the head of
the Secretariat should be selected in consultation with the communities.”
251.
Arguments of the State:
(a)
It was opposed to guarantees of non-repetition being ordered, because
“while the Constitution and the Electoral Act are in force, the electoral
processes must be adapted to these laws”;
(b)
It does not accept the claim that “special measures of protection” should
be adopted in favor of the indigenous people organized in YATAMA so that they
can participate in the municipal elections according to their practices and
customs; and
(c)
The Electoral Act, “as other laws[,] needs to be reformed.” The State is
in “the process of modifying and improving the laws,” and it is possible that it
can “find a way, in keeping with the recommendations of international
organizations” “to make the law more flexible,” to ensure “that participation is
more effective, particularly in the case of the regions that are far away from the
capital.”
Considerations of the Court
a)
Publication of the judgment
252. As it has on other occasions,186 the Court orders that the State should publish in
the official gazette and in another newspaper with widespread national circulation, at
least once, Chapter VII (Proven Facts), paragraphs 153, 154, 157 to 160, 162, 164,
173, 175, 176, 212, 218, 219, 221, 223, 224, 226 and 227, which correspond to
Chapters IX and X on the violations declared by the Court, and the operative
paragraphs of this judgment. The publication should include the titles of the said
chapters. The entire judgment should be published on the State’s official web site.
These publications should be made within one year of notification of this judgment.
253. The Court takes into account that “the communities use community radio as a
means of information”; it therefore considers it necessary for the State to publicize, on
a radio station with broad coverage on the Atlantic Coast, paragraphs 124(11),
124(20), 124(28), 124(31), 124(32), 124(39), 124(40), 124(46), 124(51), 124(62),
124(68), 124(70) and 124(71) of Chapter VII (Proven Facts); paragraphs 153, 154,
157 to 160, 162, 164, 173, 175, 176, 212, 218, 219, 221, 223, 224, 226 and 227
which correspond to Chapters IX and X on the violations declared by the Court, and
the operative paragraphs of this judgment. This should be done in Spanish, Miskito,
Sumo, Rama and English. The radio broadcast should be made on at least four
occasions with an interval of two weeks between each broadcast. To this end, the
State has one year from notification of this judgment.
b)
Adoption of legislative measures to establish a simple, prompt and
effective recourse against the decisions of the Supreme Electoral Council
186
Cf. Case of Huilca Tecse, supra note 178, para. 112; Case of the Serrano Cruz Sisters, supra note
10, para. 195; and Case of Lori Berenson Mejía, supra note 11, para. 240.
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