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“own identity.” The Supreme Electoral Council rejected this request and
YATAMA was excluded from the elections, despite complying with the legal
requirements. In view of this situation, the candidates for the RAAN were also
excluded, even though the list of candidates, which included them had already
been published. These exclusions were due to the fact that the two “major”
political parties entered into a pact to prevent other parties from participating
and thus “concentrate” the result of the elections; this was possible because
they “dominate the electoral structure of Nicaragua.” When this happened,
YATAMA tried to communicate with the Supreme Electoral Council on many
occasions, without obtaining any response. When the final list was published
and the YATAMA candidates in the two regions were not on it, YATAMA filed an
appeal for review before the Supreme Electoral Council, on which no decision
was taken. It then filed an application for amparo before the Supreme Court of
Justice, which ruled against it.
The exclusion of YATAMA resulted in a four-year hiatus for the indigenous
communities of the Atlantic Coast. Even though they were eventually able to
take part in the 2004 elections, owing to their repeated protests, for four years
they had no organization representing their interests.
2.
Jorge Teytom Fedrick, responsible for “international relations”,
YATAMA
He belongs to the Miskito indigenous people. The cultural traditions of the
Atlantic Coast differ from those of the Pacific Coast; the people speak six
different languages. Also, community systems, the relationship between
resources and the land, and the cosmovision are distinct. The indigenous people
have a communal tradition and decision-making is based on the community
structure. They have a “collective society” with a solid “moral tradition.”
YATAMA is the product of a historical process of struggle. During the 1990s,
Nicaragua’s political situation changed and the category of “public subscription
association” was created. YATAMA proposed to enter the political arena by
participating in politics in this category. In a “partisan negotiation,” the State
reformed the Electoral Act as a strategy to impede YATAMA’s participation.
However, YATAMA formed a team to influence the reform of the Electoral Act,
and the Act stipulated that the indigenous organizations of the Atlantic Coast
could establish a regional political party. YATAMA is more than a party. It is part
of life; it represents history; it is a process of struggle; it is the “organization of
the sons of Mother Earth,” because “without land, we do not exist.”
The Electoral Act established requirements that conflict with the customs of the
indigenous people. The first area of conflict is the nature of a political party.
Under the indigenous communal system, decisions are taken by consensus. The
party system is different because it generates a contest between “competitors”;
between personal interests. To be chosen as a candidate in the indigenous
communities, a person must have distinguished himself.
Owing to YATAMA’s exclusion from the 2000 elections, the witness had to take
steps to try and influence the Supreme Electoral Council to allow YATAMA to
participate in the elections and to maintain stability. His efforts were
unsuccessful.