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indigenous organization[;] for example, it now has difficulty in obtaining
international cooperation funds, which are not forthcoming because it is a
political party.”
The YATAMA candidates for the 2000 municipal elections were elected according
to the “organizational” mechanisms of the indigenous communities in municipal
territorial assemblies. In principle, a person may only be a YATAMA candidate
once. Consequently, many of the candidates who did not take part in the 2000
municipal elections could not participate in the 2004 municipal elections.
“In October 2000,” the Supreme Electoral Council notified YATAMA that it would
be unable to participate in the 2000 municipal elections, indicating that “it had
not obtained its legal status within the previous six months” and that it had not
presented candidates in 80% of the municipalities. This was not true, because
YATAMA had obtained is legal status on May 4, 2000, and proposed candidates
in “five of the six municipalities” of the RAAN. The RAAS and the RAAN are
“distinct and independent” regions and, consequently, the fact that YATAMA had
been prevented from participating in the RAAS should not have affected its right
to participate in the RAAN. Owing to this exclusion, YATAMA filed an application
for amparo before the court of appeal of the North Atlantic district, and the
judges ruled in favor of YATAMA. However, the Supreme Court of Justice
confirmed the decision of the Supreme Electoral Council.
YATAMA’s exclusion from the elections affected the candidates and their
families, who had invested money and time, and “stopped working to devote
themselves to the [...] political campaign.” It also affected YATAMA, which had
“financed the organization of the assemblies, and the indigenous communities
that did not have representatives “who they had already selected.” There was
absenteeism in the elections; only those living in large urban centers and in
“zones where mestizos live” voted. Since the indigenous people had no
representatives, “most of the investments and projects were transferred to
places when the supporters of those who were elected live.” The communities
are not “represented in the Legislature,” although the indigenous people
comprise 80% of the population of the RAAN, 20% of the RAAS, and 15% of
the national population. Only five deputies represent the RAAN and the RAAS,
and they belong to traditional parties; one of them has “an indigenous
perspective.” The seven members of the Supreme Electoral Council belong to
the traditional political parties and not one of them is an indigenous person. The
Electoral Act should be reformed, establishing a “fixed political quota for the
indigenous people in the Legislative Assembly and other State bodies.”
2.
Nancy Elizabeth Henríquez James, member of the governing body
of YATAMA
In a resolution of August 15, 2000, the Supreme Electoral Council excluded
YATAMA from the 2000 municipal elections, even though YATAMA had fulfilled
the requirements established in the Electoral Act and its candidates had been
presented within the stipulated time limit. Owing to YATAMA’s exclusion, the
indigenous communities “organized protests in the streets of Puerto Cabezas.”
The Government responded to these protests by sending in the specialized
forces of the National Police.