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With regard to reforming the Electoral Act to guarantee the participation of the
indigenous people in conditions of equality, the term equality “is relative,”
because the indigenous people have different cultural traditions and the laws
need to be adapted to take this into account. The delimitation of voting districts
is not adjusted to the social conditions of the communities, because the
indigenous territories do not coincide with those established in the Electoral Act.
b)
Proposed by the representatives of the alleged victims
3.
John Alex Delio Bans, YATAMA representative in the RAAS in 2000
The witness is Miskito. The State has discriminated against the indigenous
communities. They consider that the distinction between the RAAN and the
RAAS is the result of an artificial division promoted by the national political
parties that does not correspond to the indigenous people’ concept of the
Atlantic Coast, as a single unit. They consider YATAMA to be part of their
tradition. The members of these communities say they are YATAMA “by blood
and by conviction.” The YATAMA candidates are selected according to the
tradition of the indigenous communities in community assemblies. Nowadays, it
is necessary to consult the Supreme Electoral Council for the election of
community authorities; this was not necessary previously. The State should
allow the indigenous people to select their candidates and elect those who
represent them in Congress.
In order to participate in the November 2000 municipal elections in the RAAS,
YATAMA decided to enter into an alliance with the Indigenous Multiethnic Party
(PIM) and with the Coastal People Party (PPC), because they are parties created
to defend the interests of the multiethnic communities and, since they had this
common purpose, they could obtain better results on the Atlantic Coast.
However, the Indigenous Multiethnic Party decided to leave the alliance,
possibly as a result of pressure from the Constitutionalist Liberal Party (PLC).
When the preliminary list of candidates was published, it contained the YATAMA
candidates for the elections in the RAAN, but not those in the RAAS. A protest
was made before the Supreme Electoral Council, which advised that this was a
mistake. However, the final list of candidates did not include the YATAMA
candidates in either the RAAN or the RAAS, without any justification, because
YATAMA had complied with all the requirements established in the Electoral Act.
In 2000, there were seven municipalities in the RAAS and a party was required
to present candidates in 80% of the municipalities. YATAMA proposed
candidates in the seven municipalities; in other words, in excess of the required
80%.
As a result of YATAMA’s exclusion from the 2000 elections, many candidates
have not been able to return to their communities owing to the debts they
incurred as a result of the electoral process. It became necessary to inform the
communities why YATAMA would not take part in the 2000 elections and explain
how the respective expenses would be paid.
4.
Anicia Matamoros de Marly, proposed by YATAMA as candidate
for deputy mayor in the municipality of Puerto Cabezas in the RAAN for
the 2000 municipal elections