80 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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