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right, in accordance with Articles 1(1) and 2 thereof, in the terms of paragraphs 78 to 158
of this Judgment.
2.
The State violated, to the detriment of the members of the Saramaka people, the
right to juridical personality established in Article 3 of the American Convention on Human
Rights, in relation to the right to property recognized in Article 21 of such instrument and
the right to judicial protection under Article 25 thereof, as well as in connection to the
obligations to respect, ensure, and to give domestic legal effect to those rights, in
accordance with Articles 1(1) and 2 thereof, in the terms of paragraphs 159 to 175 of this
Judgment.
3.
The State violated, to the detriment of the members of the Saramaka people, the
right to judicial protection, as recognized in Article 25 of the American Convention on
Human Rights, in conjunction with the obligations to respect and guarantee the rights
established under Articles 21 and 1(1) thereof, in the terms of paragraphs 176 to 185 of
this Judgment.
AND DECIDES:
Unanimously that:
4.
This Judgment constitutes, per se, a form of reparation in the terms of paragraph
195 of this Judgment.
5.
The State shall delimit, demarcate, and grant collective title over the territory of the
members of the Saramaka people, in accordance with their customary laws, and through
previous, effective and fully informed consultations with the Saramaka people, without
prejudice to other tribal and indigenous communities. Until said delimitation, demarcation,
and titling of the Saramaka territory has been carried out, Suriname must abstain from acts
which might lead the agents of the State itself, or third parties acting with its acquiescence
or its tolerance, to affect the existence, value, use or enjoyment of the territory to which
the members of the Saramaka people are entitled, unless the State obtains the free,
informed and prior consent of the Saramaka people. With regards to the concessions
already granted within traditional Saramaka territory, the State must review them, in light
of the present Judgment and the Court’s jurisprudence, in order to evaluate whether a
modification of the rights of the concessionaires is necessary in order to preserve the
survival of the Saramaka people, in the terms of paragraphs 101, 115, 129-137, 143, 147,
155, 157, 158, and 194(a) of this Judgment.
6.
The State shall grant the members of the Saramaka people legal recognition of the
collective juridical capacity, pertaining to the community to which they belong, with the
purpose of ensuring the full exercise and enjoyment of their right to communal property, as
well as collective access to justice, in accordance with their communal system, customary
laws, and traditions, in the terms of paragraphs 174 and 194(b) of this Judgment.
7.
The State shall remove or amend the legal provisions that impede protection of the
right to property of the members of the Saramaka people and adopt, in its domestic
legislation, and through prior, effective and fully informed consultations with the Saramaka
people, legislative, administrative, and other measures as may be required to recognize,
protect, guarantee and give legal effect to the right of the members of the Saramaka people
to hold collective title of the territory they have traditionally used and occupied, which
includes the lands and natural resources necessary for their social, cultural and economic
survival, as well as manage, distribute, and effectively control such territory, in accordance
with their customary laws and traditional collective land tenure system, and without
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