5
b)
The amendment to Electoral Act No. 331 of 2000, so that it clearly
regulates the consequences of non-compliance with electoral participation
requirements, the procedures to be followed by the Supreme Electoral
Council in finding such non-compliance, and the reasoned decisions to be
adopted by said Council, as well as the rights of those whose participation
is affected by a decision of the State (tenth operative paragraph of the
Judgment of June 23, 2005); and
c)
The reform of the regulation of those requirements established in
Electoral Act No. 331 of 2000 that were found to be in violation of the
American Convention and the adoption of such measures as may be
required for the members of indigenous and ethnic communities to be
able to effectively take part in election processes according to their
values, customs, and traditions (eleventh operative paragraph of
Judgment of June 23, 2005).
16.
That in its report of January 25, 2008 (supra Having Seen clause 3), the State
informed that “it had formed an inter-institutional work team made up of
representatives of the National Assembly of the Republic, the Supreme Electoral Council,
the Attorney General’s Office, and the Ministry of Foreign Affairs who are working on the
discussion and study of the amendment to the Electoral Act.” The State further pointed
out that “the amendment to the Electoral Act is a complex process, as it entails the
amendment to Article 173 of the Political Constitution and the amendment to Article 5 of
the Amparo Act No. 49 in force,” whereby the inter-institutional work team “is drawing
up a work plan to be carried out during 2008 so that the possibility of including the
amendment on the legislative agenda may be considered.” As an Annex to its report of
January 25, 2008, the State forwarded a draft of the bill of amendment to the Electoral
Act. Besides, in its report of March 14, 2007, the State of Nicaragua argued that it is
necessary that the proposal for the amendment to the Electoral Act be formulated after
“due consultation with and participation of the indigenous communities.” In particular, it
acknowledged that, “the participation of YATAMA is of the utmost importance so that the
objectives of the amendment proposed may be achieved.”
17.
That in their observations on the State’s reports (supra Having Seen clause 4),
the representatives pointed out that since its report of January 2006, the State has
referred to a draft bill to amend the Electoral Act which is still in the planning stage and
for which purpose a work team is being formed, whereby they consider that these
operative paragraphs have not been complied with. Furthermore, they reiterated that
said bill of amendment to the Electoral Act should must be drafted in consultation with
the leaders of YATAMA and of the indigenous peoples, and that the State “must adopt
the necessary measures so that the Indigenous Communities of the Atlantic Coast may
participate in the discussion and adoption of the legislative reforms” referred to in the
Judgment of the Court.
18.
That the Commission expressed its concern for the lack of information showing
progress in the compliance with the above-mentioned operative paragraphs of the
Judgment rendered by the Court and argued that it is imperative that “pertinent
information be provided about the actions adopted by the State in order to comply with
said provisions within a reasonable time.” Furthermore, the Commission took into
consideration that the State had formed a work team and that it had prepared a draft
bill of amendment, but expressed its concern about the lack of participation of the
indigenous communities in said process. In this regard, it pointed out that it is necessary