6
desired equality. Accordingly, this clearly calls for effective actions that preferably
benefit those affected by such imbalances and inequalities.
26.
In the instant case, it has been proved that YATAMA’s form of organization in
order to take part in the 2000 electoral process met with difficulties owing to the
provisions of Electoral Act No. 331 of 2000. This violated the rights of those who
intended to be candidates, and affected the principle that it is possible to organize in
ways other than political parties in order to exercise the right to take part in the
conduct of public affairs, in this case prejudicing an organization that represented the
indigenous peoples of this part of Nicaragua. Consequently, the State not only
obstructed their participation but also did not adopt the necessary measures to
facilitate the participation of an organization such as YATAMA.
27.
In this line of reasoning, it should be understood that granting the necessary
facilities to the so-called “political organizations” is designed to generate the
conditions for expanding and consolidating the participation of the citizens in the
conduct of public affairs. This should not be understood as opposing but rather as
complementing the existence of the political parties and strengthening them, since
they are a necessary means of representation and participation in a democratic
society. In this perspective, it is perfectly legitimate and concordant with the letter
and spirit of the Convention that, within the national system of laws, there are
homogeneous norms that emphasize the participation of political parties in the
electoral processes as well as regulations designed to strengthen their representative
and democratic nature, without detriment to their independence from the State. In
addition, it is legitimate that domestic laws should include legal provisions
concerning “other political organizations,” aimed at facilitating the participation of
specific sectors of society, as could be the case of the indigenous peoples.
28.
The third component of political rights protected by Article 23 of the
Convention stipulates that every citizen should “… have access, under general
conditions of equality, to the public service of his country” (underlining added). This
aspect of political rights has to be understood systematically in relation to both the
other explicit components of the political rights contained in Article 23(1), and the
rest of the Convention and the inter-American legal system, in particular Article 24 of
the Convention which refers to the right to equality and non-discrimination.
29.
In this regard, when considering the provision of Article 23 on the “general
conditions of equality,” this should be referred to two aspects that can and should be
understood concurrently and simultaneously. First, the norm establishes that it is
necessary to guarantee access to public office to everyone “under general conditions
of equality.” This means that specific measures should be promulgated to facilitate
the access to public office of the sectors of the population that may face special
disadvantages and, thus, inequality – as could be the case of the indigenous peoples.
In this case, it has been proved that Nicaragua did not adopt such measures; to the
contrary, the 2000 Electoral Act created obstacles to this access.
30.
Second, this general provision on access to public service, consistent with
Article 29 of the Convention should be interpreted not only in relation to
appointments or designations by the authority but also with reference to the public
service that is exercised by popular election. In other words, the Court does not
accept a restrictive interpretation referring only to public office or positions derived
from appointments and designations. This is, without doubt, the meaning of this
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