the presumed violation of Articles 3, 21 and 25 of the Convention, in relation to Articles 1
and 2 of this instrument.
c) Merits Report. On July 18, 2013, the Commission adopted Merits Report No. 79/13, in
accordance with Article 50 of the American Convention (hereinafter “the Merits Report” or
“Report No. 79/13”), in which it reached a series of conclusions4 and made several
recommendations to the State; namely:
Conclusions:
i)
The State violated the right to recognition of juridical personality established in Article
3 of the Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of
the Kaliña and Lokono peoples;
ii)
The State violated the right to property, recognized in Article 21 of the Convention, in
relation to Articles 1(1) and 2 of this instrument, to the detriment of the Kaliña and Lokono
peoples by failing to adopt effective measures to recognize their right to the collective
ownership of the lands, territories and natural resources that, traditionally and ancestrally,
they have occupied and used;
iii)
The State violated the right to property recognized in Article 21 of the Convention, in
relation to Articles 1(1) and 2 of this instrument, to the detriment of the Kaliña and Lokono
peoples, by: (i) granting property titles to non-indigenous persons within the territory of the
Kaliña and Lokono peoples; (ii) establishing and maintaining the Wia Wia, Galibi and Wane
Kreek Nature Reserves, and (iii) granting a mining concession and authorizing mining
operations within their traditional territory, all without conducting a consultation process
aimed at obtaining their free, prior and informed consent in keeping with Inter-American
standards, and
iv)
The State violated the right to judicial protection recognized in Article 25 of the
Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of the
Kaliña and Lokono peoples by failing to provide them with effective access to justice to
protect their fundamental rights.
Recommendations:
i)
Take the necessary legislative and regulatory measures to recognize the Kaliña and
Lokono peoples as legal persons under Surinamese law;
ii)
Eliminate the legal provisions that impede protection of the right to property of the
Kaliña and Lokono peoples and adopt in its domestic legislation, and through effective and
fully informed consultations with the Kaliña and Lokono peoples and their members, such
legislative, administrative, and other measures as may be necessary to protect, by special
mechanisms, the territory in which [these peoples] exercise their right to communal
property, in accordance with their customary land use practices, without prejudice to other
tribal and indigenous communities;
4
In its Merits Report, the Commission indicated that, subsequent to the Admissibility Report, the petitioners alleged
that the State’s failure to provide details of the precise dates on which land titles and leases were issued to nonindigenous persons over part of the traditional territory of the Kaliña and Lokono peoples, without justifying the refusal to
provide this public information, violated Article 13 of the American Convention. In its Merits Report, the Commission
considered this to be part of the facts of the case, and examined them in the context of the violation of the right to
collective property of the Kaliña and Lokono peoples, recognized in Article 21 of the Convention.
5