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The witness belongs to the Miskito indigenous people. The candidates are
chosen by the communities and go before an assembly. These communities
consider that YATAMA is an organization that reflects the indigenous people’
opinions, and through which they can have an influence in different spheres.
Without YATAMA, the people do not have a voice. The communities do not want
YATAMA to be a political party. This categorization has been imposed by the
State.
When she was selected as a candidate, she had to find someone to substitute
her in her employment. When it was known that YATAMA had been excluded
from the elections, the community held its leaders responsible, but later it was
clarified that they had nothing to do with this situation. Many candidates gave
up their jobs to devote their time to visiting the communities and, following
YATAMA’s exclusion, they were unable to return to them. When the witness
heard that her organization would not participate in the elections, she was
demoralized and considered that a new form of discrimination had been added
to the social exclusion her people endured. Moreover, she even thought that the
reason for the exclusion was its name or lack of capacity. It was necessary to
explain the situation to the communities and avoid them resorting to violence.
Since YATAMA did not take part in the elections, the people “felt they were not
represented” and this was reflected by the abstention during the elections:
“most of the people did not vote.” When YATAMA was able to take part in the
2004 elections, she was very happy, because it was recovering the indigenous
communities’ space that had been lost in 2000.
EXPERT EVIDENCE
a)
Expert witness proposed by the representatives of the alleged victims
1.
María Dolores Álvarez Arzate, anthropologist and ethnologist
The Atlantic Coast of Nicaragua covers 50% of national territory and has a
population of approximately half a million, of whom 170,000 are indigenous
people.
The forms of social organization of the indigenous groups have some local
variations but, in general, are based on community assemblies. In the
community assembly, the chief authorities are the “wihta or judge and the
syndic.” In addition, the community members “with their presence and vote,
also take part in community decisions.” Health authorities, “curanderos” (local
healers), teachers, the priest, women and the elderly have been incorporated
into these assemblies. There are also other “high-level organizational bodies”
such as territorial and regional councils where important decisions are taken.
Some forms of social and political organization of the Atlantic Coast
communities are regulated by customs, and an individual’s word plays an
important role because his authority is based on it. YATAMA “represents these
ancient mechanisms or forms of traditional organization” and the indigenous
and “coastal” diversity.
During the territorial assemblies held in the communities, the people say
whether they agree that a specific person should be a candidate. Those who are
selected during the territorial assembly receive the “full support of their
communities to carry out their respective electoral campaign.” To be selected a
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