ABSTRACT
The chapter revolves around the analysis of the landmark judgment issued on 23 June 2005 by the IACtHR on the case YATAMA v. Nicaragua, whereby the Court declared several violations of the ACHR on account of the application of a flawed electoral law resulted in the exclusion of a major indigenous political party from the November 2000 municipal elections. The judgment is especially relevant with regard to the right to political participation of indigenous peoples. The Court provides an original reading of the notions of democracy and electoral rights, through the lenses of a differential approach, meant to reflect the traditional values and customs of indigenous peoples and their right to self-determination, which are taken into account also in the determination of the measures of reparation ordered. More than 15 years after the adoption of the judgment, those measures have not been effectively implemented and it is pertinent to explore whether the judgment has generated any significant legal and economic impacts. It is argued that the serious crisis that Nicaragua is undergoing since April 2018 is not foreign to the failure to implement the judgments of the IACtHR which undermines the sustainability of the democracy.
