5
absence of effective judicial remedies for the protection of the rights of indigenous
peoples. In that regard, the structural nature of this problem means that the case
may have a significant impact on the recognition and exercise of the rights of
indigenous peoples in Suriname, an impact that goes beyond the victims of the case.
In addition, the violations of the right to property in the instant case require further
development in the case-law in at least three respects. First, the Court is called
upon to make an analysis of the restrictions on the right to property when there is
tension between the private or individual property rights of non-indigenous
persons and the collective property rights of an indigenous people. Specifically, the
Court will have an opportunity, at the moment of weighing both types of property
rights, to give specific effect to its case-law on the special link indigenous peoples
have with their land and its importance for the survival of the people as such.
In addition, the instant case poses a debate not yet addressed in detail in the caselaw of the Court related to how the states should make their initiatives and policies
in the area of environmental protection compatible with the rights of indigenous
peoples. Concretely, the Court will have the opportunity to develop standards
applicable to the establishment of natural reserves where they may have a negative
impact on the lands, territories, and natural resources of indigenous peoples. This
analysis includes both the obligation to consult with a view to obtaining the
consent of indigenous peoples, and the need to explore the environmental
conservation alternatives least harmful to the rights of indigenous peoples.
In light of these issues, which have a significant impact on inter-American public
order, in keeping with Article 35(1)(f) of the Inter-American Court’s Rules of
Procedure, the Commission takes this opportunity to offer the following expert
witnesses:
xxxxxxxxxxxx, who will testify on the international standards and, as relevant,
comparative law, applicable to situations of tension between the right to private
property of non-indigenous persons and the collective property rights of indigenous
peoples. The expert will offer the Court a model for analyzing restrictions on rights
that takes into account and gives effect to the particularities of indigenous peoples’
the right to property. The expert will also indicate the possible means of
compensation that a State would have to activate in response to the result of this
analysis of restrictions. To the extent pertinent, the expert will apply the standards
and analytical model proposed to the facts of the specific case.
xxxxxxxxxxxx, who will testify on the international standards and, as relevant,
comparative law applicable to situations of real or apparent tension between the
rights of indigenous peoples and environmental protection. The expert will offer
elements of analysis that enable the Inter-American Court to establish the scope of
state obligations in relation to the right to property of indigenous peoples when
designing and implementing environmental protection initiatives and polices.