Case of YATAMA v. Nicaragua
Inter-American Court of Human Rights
Inter-Am. Ct. H.R. Ser. C No. 127 (2005)
- Written by Angela Patrick, JD
Facts
Nicaragua (defendant) had an electoral process that allowed a candidate to run for political office only if the candidate (1) belonged to a registered political party and (2) presented signatures from 3 percent of registered voters. Nicaragua had an indigenous population that was a minority of the country’s population. Generally, these communities did not organize in a way that was conducive to forming political parties. However, there was one registered indigenous regional political party by the name of Yapti Tasba Masraka Nanih Asla Takanka, or YATAMA (plaintiff). YATAMA’s candidates for political office did not present signatures from 3 percent of registered voters and were not allowed to run for office. YATAMA filed a petition with the Inter-American Commission on Human Rights, alleging that Nicaragua had violated the American Convention on Human Rights (ACHR) by failing to enact electoral laws that would facilitate indigenous groups’ participation in the country’s political process. The commission found that Nicaragua’s electoral laws discriminated against the country’s indigenous groups, which violated the ACHR and suggested that Nicaragua modify its electoral laws. After further filings from the parties, the commission submitted the matter to the Inter-American Court of Human Rights for review.
Rule of Law
Issue
Holding and Reasoning ()
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