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

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