91
will of the electorate, which implies grave consequences for democracy. This harm to
the electors constituted non-compliance by the State with the general obligation to
guarantee the exercise of the right to vote embodied in Article 1(1) of the Convention.
227. To assess the scope of this harm, it should be recalled that YATAMA contributes
to the consolidation and preservation of the cultural identity of the members of the
indigenous and ethnic communities of the Atlantic Coast. Its structure and purposes
are related to the practices, customs and forms of organization of these communities.
Consequently, the exclusion of the participation of the YATAMA candidates particularly
affected the members of the indigenous and ethnic communities that were represented
by this organization in the municipal elections of November 2000, by placing them in a
situation of inequality as regards the options among which they could choose to vote,
since those persons who, in principle, deserved their confidence because they had
been chosen directly in assemblies (according to the practices and customs of these
communities) to represent the interests of their members, had been excluded from
participating as candidates. This exclusion resulted in a lack of representation of the
needs of the members of the said communities in the regional bodies responsible for
adopting policies and programs that could affect their development.
228. This harm to the voters was reflected in the 2000 municipal elections; for
example, there was an abstention rate of approximately 80% in the RAAN, due to the
fact that part of the electorate did not consider they were adequately represented by
the participating parties (supra para. 124(69)) and five political parties requested the
Supreme Electoral Council to “[d]eclare the nullity of the elections in the RAAN[… and
o]rganize new municipal elections […], with the inclusion of the YATAMA Indigenous
Party” (supra para. 124(71)). Also, the expert witness, Carlos Antonio Hurtado
Cabrera, emphasized that YATAMA “is the principal indigenous political organization in
the country” (supra para. 111).
*
*
*
229.
In view of the above, the Court finds that the State violated Articles 23 and 24
of the Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of the
candidates proposed by YATAMA to participate in the municipal elections of November
2000, because it established and applied provisions of Electoral Act No. 331 of 2000,
that create an undue restriction to the exercise of the right to be elected and regulates
these provisions it in a discriminatory manner. The Court also finds that the State
violated Article 23(1) of the Convention, in relation to Article 1(1) thereof, to the
detriment of these candidates, because the decisions that excluded them from
exercising this right were adopted in violation of the guarantees embodied in Article 8
of the Convention and could not contested by means of a judicial recourse (supra
paras. 164, 173 and 176).
XI
REPARATIONS
APPLICATION OF ARTICLE 63(1)
OBLIGATION TO REPAIR
230. This Court has established that it is a principle of international law that any
violation of an international obligation that has produced damage entails the obligation
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos