ARTICLES FROM THE POLITICAL CONSTITUTION OF NICARAGUA THAT CREATE
THE AUTONOMY REGIMEN AND ESTABLISH THE RIGHTS OF INDIGENOUS PEOPLES
(translation by CALPI. Please excuse any errors.)
ARTICLES FROM THE POLITICAL CONSTITUTION OF NICARAGUA THAT CREATE
THE AUTONOMY REGIMEN AND ESTABLISH THE RIGHTS OF INDIGENOUS PEOPLES
(translation by CALPI. Please excuse any errors.)
Article 5- The State recognizes the existence of indigenous peoples, that they enjoy the rights, duties, and guarantees granted in the Constitution, especially to maintain and develop their identity and culture, to have their own forms of social organization, and to administer their local affairs, as well as maintain their communal forms of land and the enjoyment, use, and benefit of this land, all in concordance with the law. For the communities of the Atlantic Coast the regimen of autonomy is established in the present Constitution.
Article 7.- Nicaragua is a democratic, participatory, and representative republic. The following are the government branches: legislative, executive, judicial, and electoral.
Article 8- The people of Nicaragua are by nature multiethnic and are an integral part of the Central American nation.
Atricle 11- Spanish is the official language of the State. The languages of the Communities of the Atlantic Coast of Nicaragua will also have official use in cases established by law.
Article 46- All persons in national territory will enjoy state protection and respect for their inherent individual rights as well as the unrestricred respect, promotion, and protection of their human rights. They will also enjoy all the rights stipulated in the Universal Declaration of Human Rights, in the American Declaration of the Rights and Duties of Man, in the International Pact of Economic, Social, and Cultural Rights; in the International Pact of Civil and Political Rights of the United Nations, and in the OAS American Convention of Human Rights.
Article 49- In Nicaragua (the Communities of the Atlantic Coast) have the right to constitute organizations.... without discrimination, with the intent to achieve the fulfillment of their aspirations according to their own interests and to participate in the construction of a new society...
Article 89- The communities of the Atlantic Coast are an indissoluble part of the Nicaraguan people, and as such, enjoy the same rights and have the same obligations.
The Communities of the Atlantic Coast have the right to preserve and develop their cultural identity within the national unity; provide their own forms of social organization and to administer their local affairs in accordance with their traditions.
The State recognizes the communal forms land ownership of the communities of the Atlantic Coast. It also acknowledges their enjoyment, use, and benefit of the waters and forests on their communal lands.
Article 90- The Communities of the Atlantic Coast have the right to the free expression and preservation of their languages, art, and culture. The development of their culture and values enriches the national culture. The State will create special programs for the exercise of these rights.
Article 91- The State has the obligation to dictate laws aimed at promoting actions that will guarantee that no Nicaraguan is subject to discrimination because of their language, culture, and origin.
Article 99-... It is the responsibility of the State to protect, foster, and promote the forms of property and the economic measures, and private, state, cooperative, associatice, community, and mixed enterprise, to guarantee economic and social democracy...
Article 121- The indigenous peoples and ethnic communities of the Atlantic Coast have the right in their region to intercultural education in their native language in accordance with the law.
Article 175- For administrative purposes, the national territory will be divided into departments, autonomous regions of the Atlantic Coast, and municipalities. The laws will determine the creation, extent, number, organization, structure, and function of the diverse territories.
Article 180- The Atlantic Coast communities have the right to live and develop according to modes of social organization that correspond to their historical and cultural traditions.
The State guarantees these communities the enjoyment of their natural resources, respect for their communal property system, and free election of their authorities and representatives.
It also guarantees the preservation of their cultures, languages, religions, and customs.
Article 181- The State will organize, through the Law of Autonomy for the indigenous peoples and ethnic communities of the Atlantic Coast, that which should contain, among other norms: the attributes of their (sic) government bodies, their relation with the Executive and Legislative Power and the municipalities, and the exercise of their rights. The approbation and reform of this law will require an established majority for reform of constitutional laws.
The concessions and contracts for the rational exploitation of natural resources that the State grants in the Autonomous Regions of the Atlantic Coast should depend on the approval of the corresponding Autonomous Regional Council.
The members of the Autonomous Regional Councils of the Atlantic Coast can lose their rank by the causes and proceedings established by law.