“For security reason: (i) no unauthorized person would have access to the mining areas (100 ha); (ii)
use of the highway as access for hunting and fishing the area of the concession was refused, and there
was a sign at the entry; (iii) the indigenous peoples who traditionally came to the reserve could continue
to do so in their traditional way, and (iv) the indigenous peoples were never charged for using the
highway.”
189. Based on the above, the Court finds that the possible restriction to access certain specific
areas where mining exploitation operations were being carried on could have been reasonable,
mainly for safety reasons. The Court also observes that, in addition to the 100 ha of exploitation,
other adjoining areas were available to the nearby communities, particularly the Lokono
community of Alfonsdorp; therefore, for the effects of this case, it does not find that there was a
disproportionate restriction in this regard.
iii)
Monitoring and management of the nature reserves
190. The Court observes that the State has indicated that the indigenous peoples would not be
capable of managing the reserve on their own, owing to lack of equipment and management
systems, among other reasons234 (supra para. 120). Meanwhile, the representatives and the
Commission stated that the protection of nature is compatible with their way of life and these
territories should be restored to them.
191. In this regard, the Court finds that, in light of the previously mentioned standards, the
monitoring, access and participation in areas of a reserve by the indigenous and tribal peoples is
compatible, but it is also reasonable that the State retain the supervision, access and
management of areas of general and strategic interest, and for safety reasons, that allow it to
exercise its sovereignty, and/or protect the borders of its territory.
192. Therefore, since, in this specific case, the Court has not ruled on the creation and
persistence of the nature reserves (supra para. 162), but rather, based on their existence, has
analyzed the restrictions imposed, it finds that, for the effects of this case, from the moment the
State made its domestic and international commitments (supra para. 176), it should have
endeavored to ensure compatibility between the protection of the environment and the collective
rights of the indigenous peoples, in order to: (a) ensure access to and use of their ancestral
territories for their traditional ways of life in the nature reserves, and (b) provide the means for
them to participate effectively in the objectives of the reserves; mainly in their care and
conservation, and (c) to participate in the benefits derived from conservation (supra para. 181).
193. In this regard, the Court notes that, in the case of the Galibi Nature Reserve, agreements
exist that have permitted access to the reserve, the limited participation of the Kaliña and
Lokono peoples in its conservation, and the authorization to receive certain benefits (supra para.
79). However, these agreements have not been formally recorded in order to guarantee them
234
Among these, it argued that: (i) the Kaliña and Lokono peoples have a limited expert capacity to perform
(scientific) management tasks in relation to the areas classified by the IUCN as category IV reserves, because these
require a special expertise, which they are unable to provide (merits file, folio 589); (ii) the Kaliña and Lokono peoples
are undergoing a process of acculturation and are more interested in modern activities than in traditional knowledge.
Therefore, they are unable to adapt to changes in nature, such as floods and winds (merits file, folio 589); (iii) they do
not possess the capacity to coordinate nature conservation efforts beyond the local level; they have insufficient
knowledge to evaluate biological systems within the country as a whole; while, as established by law, the State does
have this expertise (merits file, folios 589 and 590), and (iv) the State needs to position Suriname in the wider global
nature protection system and discuss with a wide range of stakeholders the global agreements in the Convention on
Biological Diversity, the Ramsar Convention and others (merits file, folio 590). Consequently, under no circumstances will
the State leave the supervision of the three nature reserves to the indigenous peoples, despite respecting their rights to
secure their livelihood and survival and, indeed, these groups are seen as a major actor in nature protection in Lower
Marowijne (merits file, folio 590).
51
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