85
understood that these general conditions of equality refer to access to public office by
popular election and by appointment or designation.
3)
Obligation to guarantee the enjoyment of political rights
201. The Court understands that, in accordance with Articles 23, 24, 1(1) and 2 of
the Convention, the State has the obligation to guarantee the enjoyment of political
rights, which implies that the regulation of the exercise of such rights and its
application shall be in keeping with the principle of equality and non-discrimination,
and it should adopt the necessary measures to ensure their full exercise. This
obligation to guarantee is not fulfilled merely by issuing laws and regulations that
formally recognize these rights, but requires the State to adopt the necessary
measures to guarantee their full exercise considering the weakness or helplessness of
the members of certain social groups or sectors.165
202. When examining the enjoyment of these rights by the alleged victims in this
case, it must be recalled that they are members of indigenous and ethnic communities
of the Atlantic Coast of Nicaragua, who differ from most of the population, inter alia,
owing to their languages, customs and forms of organization, and they face serious
difficulties that place them in a situation of vulnerability and marginalization. This has
been recognized in the Statute of Autonomy of the Regions of the Atlantic Coast of
Nicaragua (supra para. 124(3)) and in the 2001 report on “Desarrollo Humano en la
Costa Caribe de Nicaragua” [Human development on the Caribbean Coast of
Nicaragua].166 Furthermore, the expert witness, María Dolores Álvarez Arzate, and the
witnesses, Jorge Frederick and John Alex Delio Bans, made specific reference to the
difficulties faced by the members of these communities during the 2000 municipal
elections (supra para. 111).
203. When considering Electoral Act No. 331 of 2000, the Court will interpret the
contents of Articles 23 and 24 of the Convention according to the interpretation criteria
established in Article 29(a) and (b) thereof.
204. According to Article 29(a) of the Convention, the full scope of political rights
cannot be restricted in such a way that their regulation or the decisions adopted in
application of this regulation prevent people from participating effectively in the
governance of the State or cause this participation to become illusory, depriving such
rights of their essential content.
165
Cf. Juridical Condition and Rights of the Undocumented Migrants, supra note 150, para. 89; and
Juridical Condition and Human Rights of the Child, supra note 156, para. 46.
166
Desarrollo humano en la Costa Caribe de Nicaragua [Human Development in the Caribbean Coast of
Nicaragua]. Report prepared by the Programa Nacional de Asesoría para la Formulación de Políticas with the
support of the Consejo Nacional de Planificación Económica Social (CONPES). This report indicates that,
according to the Instituto Nacional de Estadísticas y Censos de Nicaragua (INEC) “among the 25 poorest
municipalities in Nicaragua, 12 correspond to municipalities in the Autonomous Regions”; “One of the main
inequalities on the Caribbean Coast, which should be underscored, is the limited infrastructure in this part of
the country[, which] places the population at a disadvantage as regards their capacity of access to services
and entails greater difficulties for transportation and communication”; and “According to data from 1999, the
Caribbean Coast, occupying 46% of national territory has only 8.26% of the access roads.” Also, the expert
witness, Rodolfo Stavenhagen Gruenbaum, whose expert evidence was incorporated into the body of
evidence in this case (supra para. 123), indicated that “the communities of the Atlantic Coast of Nicaragua
[..] have traditionally been marginalized from the central power and linked to interests of an international or
economic type, but they are very aware of their cultural identity, their self-awareness, of being social groups
with historical continuity, with links to the land, and their own forms of organization and economic activities
that have distinguished them from the rest of the population of Nicaragua.”
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