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opportunely; and that the alliance with the Coastal People Party was illegal
because the latter had not presented all the necessary signatures. Yet, this
argument was not invoked when the candidates were registered, but only when
“the exclusion was announced.”
YATAMA’s absence from the 2000 elections symbolizes one more facet of
domination and a manifestation of “arbitrary and racist authority.” The
indigenous communities were angry and reacted with protests in the different
municipalities joined by “mestizo friends.” There was an 80% abstention rate in
the elections in the RAAN.
YATAMA filed an application for amparo before the Civil Chamber of the RAAN
Court of Appeal, alleging the violation of its political rights. The Chamber
referred the application to the Supreme Court of Justice, which declared “the
application for amparo inadmissible,” stating that, according to the Electoral
Act, there was no appeal against the resolutions of the Supreme Electoral
Council. YATAMA also filed an appeal for review before the Supreme Electoral
Council, which took no decision in this regard.
5.
Cristina Poveda Montiel, proposed as YATAMA candidate for
mayor in the municipality of Rosita in the RAAS for the 2000 municipal
elections
The impossibility of taking part in the 2000 municipal elections affected the
witness emotionally and financially, because she invested money in
campaigning and obtained loans of 150,000 cordobas. It also caused harm to
her family. The indigenous people felt discriminated against and “went out onto
the streets to protest.”
The State should assume the obligations that the candidates acquired, because
if they had taken part in the 2000 municipal elections, “in addition to winning
the elections for mayors, they would have had candidates for councilors and,
consequently, reimbursement of expenses.” The State should respect the
dignity of the indigenous people, who have the “right to elect” their
governments according to their customs and traditions.
EXPERT EVIDENCE
a)
Proposed by the Inter-American Commission and the representatives
1.
María Luisa Acosta Castellón, lawyer for some of the indigenous
communities of the Atlantic Coast
YATAMA is not only a regional political party, but also the oldest established
ethno-political party on the Atlantic Coast of Nicaragua, because it is made up
of indigenous and ethnic communities, especially by “members of the Miskito
indigenous people.” YATAMA was established in order “to promote community
self-government through communal democracy and, in particular, to defend the
traditional communal lands.” This form of communal democracy is practiced by
YATAMA, applying the practices and customs of the indigenous people.
The series of indigenous cultural traditions that gave rise to these practices and
customs comprise what has been called customary law, which is obligatory for