27 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

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