E/CN.4/2005/18/Add.6 page 7 8. Among these peoples of Amerindian origin, only the Miskitos and Sumus-Mayangnas still use their ancestral language. Nowadays the members of the Miskito community are very active politically and work together in the Yatama political party. 9. The succession of natural disasters between 1988 and 1998, including Hurricane Mitch, which devastated most of Nicaragua’s economic infrastructure and further impoverished the country, have not made the implementation of development programmes any easier. 10. In analysing the situation in Nicaragua, it must also be remembered that because of its strategic position between North and South America, Nicaragua has often been the focus of struggles for domination and occupation between the Spanish and British colonial Powers, and later American interests. II. POLITICAL AND LEGAL STRATEGY AND INSTITUTIONAL FRAMEWORK A. Institutional multiculturalism 11. Article 8 of Nicaragua’s Constitution acknowledges the multi-ethnic character of the country, and guarantees specific rights for the indigenous peoples. These are recognized in article 5 of the 1995 Constitution (Partial Reform) Act. Regional autonomy for these peoples, which resulted from the political process of the 1980s, marked by the claims and struggles of the peoples of the Atlantic coast, has also been enshrined in the Constitution, thus consolidating significant progress as regards ethnic collective rights. Under articles 89 to 91 of the Constitution, the communities of the Atlantic coast have the right to preserve and develop their cultural identity and adopt their own forms of social organization, and to administer their affairs in accordance with their traditions. The State also recognizes the communal land ownership practised by these communities and their right to enjoy the flora, fauna and waters of their region. Article 91 underlines the State’s duty to enact legislation aimed at protecting all Nicaraguans from discrimination based on language, culture or origin. Article 121 provides that “the communities of the Atlantic Coast region shall have access in their region to education in their mother tongue, at the levels to be determined in accordance with national plans and programmes”. Previously, language legislation had been adopted in 1982, and in 1984 the Government had set up a Bilingual Intercultural Education Programme (PEBI). B. Legal and institutional framework for efforts to combat racism and racial discrimination 12. Above and beyond the provisions of the Constitution concerning the rights of indigenous peoples and ethnic communities, and the provisions of various laws on autonomy for the Atlantic regions, articles 549 and 550 of the Criminal Code prohibit and punish acts committed by individuals or groups, as well as the giving of orders, likely to lead to genocide. There is no general law prohibiting racial discrimination which contains provisions to combat discriminatory acts committed by State officials or private individuals. 13. Various institutions ensure protection of human rights: in 1999, the office of Procurator for Human Rights was established. The Procurator has the power to receive complaints from persons who consider that their human rights have been violated by State officials. In particular,

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