28
members of the communities, transmitted orally and preserved in the collective
and historical memory. Articles 5, 89 and 180 of the Nicaraguan Constitution
recognize the validity of the customary law of these indigenous people. The
concept of indigenous people “encompasses the recognition of collective rights,
such as the right to their culture and language, to elect their authorities, and to
administer their local affairs according to their customs and traditions.” The
purpose of the recognition of ethnic diversity is to eliminate the discrimination
endured by these people. This recognition also seeks to guarantee the exercise
of their political rights, according to their customs and traditions. The
indigenous people have a constitutional right to self-government, which is also
embodied in Article 15 of the Statute of Autonomy.
The election of the Council of Elders, the Syndic, the Wihta or any other
community or territorial authority in the indigenous communities of the Atlantic
Coast “does not conform to provisions of written, enacted or codified law, but to
their own customary law.”
While, as of its inception, YATAMA proposed autonomy as “indigenous territorial
self-government,” it was the Sandinista Government that adopted the Statute
of Autonomy. “Within the multiethnic autonomy regime, the indigenous people
continue to be a minority” and the national political parties maintain the
hegemony of the Councils of the Autonomous Regions of the Atlantic Coast.
YATAMA’s political participation is an extremely important means of contributing
to the protection of the cultural and economic survival of the indigenous people.
The exclusion of YATAMA from the 2000 municipal elections, demoralized the
indigenous and ethnic people of the Caribbean Coast and Jinotega,” because the
traditional parties have not been able to identify themselves with the
indigenous people who are part of YATAMA. The indigenous people and the
ethnic communities have a common history with YATAMA. While the other
political parties conduct their campaigns in the urban centers, YATAMA carries
out its activities within the indigenous communities.
2.
Robert Andrés Courtney Cerda, Executive Director of the nongovernmental organization “Ética y Transparencia”
In order to take part in the RAAS municipal elections, the YATAMA political
party began a process to ally itself with the Indigenous Multiethnic Party (PIM)
and the Coastal People Party (PPC). Even though it was determined that the
latter party had not complied with the requirement to present the signatures of
3% of those registered on the electoral roll, YATAMA considered that its own
candidates were registered. However, the Supreme Electoral Council declared
that the YATAMA party had not presented sufficient candidates, and this
coincided “with the expiry of the time limits established in the electoral
calendar,” so that YATAMA was excluded from the elections.
YATAMA considered that, since its case was not provided for in the Electoral
Act, the Supreme Electoral Council should make the process of presenting
candidates more flexible instead of excluding them. It filed a request for review
of its case with the Supreme Electoral Council, “but nothing was done until the
time had expired for presenting candidates in 80% of the Atlantic Coast
municipalities.” The case of YATAMA merits special treatment, because the