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concern for the economic, political and social development of the Nicaraguan
Caribbean and its full interconnection with the north, center and west of the
country;
(d)
During the elections of November 4, 2004, YATAMA complied with the
requirements of the Electoral Act, and its candidates were elected in Puerto
Cabezas, Waspam, Prinzapolka, Desembocadura de Río Grande, Corn Island
and Tortuguero;
(e)
The candidates selected by the indigenous communities have to submit
to the provisions of the law, in the same way as the candidates from other
regions and departments of Nicaragua;
(f)
The opinion of the expert witness, María Luisa Acosta, who said that the
strategic purpose of YATAMA is to achieve indigenous self-government implies
“envisaging an independent group within an independent State, which is totally
unacceptable”;
(g)
“The [Electoral] Act […], like other laws, needs to be reformed.”
Nicaragua is “in the process of modifying and improving its laws.” The State can
probably “find a way [that,] based on the recommendations of international
organizations,” permits making the said law more flexible “in order to make
participation more effective, especially with regard to regions that are far from
the capital”;
(h)
It trusts that the Court “will assist [it with] recommendations [...] to
improve the laws to the benefit not only of the YATAMA community, [...] but of
all the Pacific communities that include mestizos, and other communities in the
North and Center of the country”;
(i)
The Electoral Act is a constitutional law. Its reform “requires finding
60% of the votes”;
(j)
“It does not accept and contests” that it has violated the right to equality
and to non-discrimination; and
(k)
The Electoral Act provides for special measures of protection for the
indigenous people, because “it allows them to select those who wish to take
part in public life[,] taking into account their traditions, values, practices and
customs”; but, once selected, the “official candidates [of the indigenous
communities] must submit to the provisions of the law in the same way as the
candidates from the other regions. [...I]f special requirements are established
for specific regions, this would create different categories of Nicaraguan
citizens, since [...] the law is general and applies to all Nicaraguans equally.”
Considerations of the Court
181.
Article 23 of the Convention stipulates that:
1.
Every citizen shall enjoy the following rights and opportunities:
(a)
to take part in the conduct of public affairs, directly or through freely chosen
representatives;
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