3
the municipalities of the respective districts and 80% of the total number of
candidacies. On the other hand, because the State has failed to comply with its
obligation, established in Article 1(1) and 2 in relation to Article 23, to produce the
appropriate conditions and mechanisms for the participation in public affairs of those
who wished to be candidates in the Atlantic Coast of Nicaragua as members or
representatives of YATAMA, an organization that represents the indigenous peoples
of this region of the country.
12.
The right to participate in Government, as all juridical categories, has evolved
and has been reformulated with historical and social progress. Indeed, its
conceptualization has been enhanced over the period that has elapsed since the
adoption of the Convention almost 40 years ago. Although, in the initial instruments
of the OAS, the reference to representative democracy and political rights was
almost exhausted in the right to vote and be elected, the text of the Convention was
already an important step in the evolutive meaning of political rights including other
important components such as the nature of elections (“…genuine periodic elections,
which shall be by universal and equal suffrage and by secret ballot that guarantees
the free expression of the will of the voter...” Art. 23(1)(b)).
13.
In recent years, this evolution has developed substantially the concept of the
right to take part in the conduct of public affairs, which, nowadays, is a reference
point that includes a very wide variety of components that can range from the right
to support the removal of elected authorities, to supervise public administration, to
have access to public information, to propose initiatives, to express opinions, etc.
Indeed, the broad and general concept of the right “to take part in the conduct of
public affairs,” as it appears in the Convention, has been refined and expanded.
14.
At the beginning of the twenty-first century, the member countries of the
Inter-American system share an important characteristic that was almost exceptional
when the American Convention on Human Rights was adopted in 1969: all the
Governments have been democratically elected. The actual context, resulting from
complex political and social processes, has given place to new problems and
challenges as regards the participation of the citizen in the conduct of public affairs.
This has had an impact on the provisions of the fundamental juridical instruments of
the inter-American system.
15.
It was in this context that the Inter-American Democratic Charter emerged,
adopted by consensus by all the countries of the system in 2001, following a broad
consultation process of civil society throughout the continent. In this and other
aspects, the Charter embodied conceptual developments which, at that time, were
derived from this new situation, giving a new formal dimension to a series of juridical
categories, and constituting a transcendental landmark in the inter-American system
as regards the evolutive content of political rights. Among other aspects, the
Democratic Charter develops the concept of the said right to take part in the conduct
of public affairs and, as a counterpart, the State’s obligations in this regard.
16.
The Inter-American Democratic Charter emphasizes the importance of the
citizen’s participation as a permanent process that strengthens democracy. Thus, the
Charter declares that “Representative democracy is strengthened and deepened by
permanent, ethical, and responsible participation of the citizenry within a legal
framework conforming to the respective constitutional order” (Article 2). This general
declaration acquires a fundamental teleological meaning for the conceptual
development of political rights that the Charter itself establishes in its Article 4. The
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