iii)
Refrain from acts that could give rise to activities of third parties, acting with the
State’s acquiescence or tolerance, that may affect the right to property or the integrity of
the territory of the Kaliña and Lokono peoples, as established in the [Merits] Report;
iv)
Review, through effective and fully informed consultations with the Kaliña and
Lokono peoples and their members that respect their customary law, the land titles,
leasehold titles and long-term leases issued to non-indigenous persons, the terms of the
mining activities authorized within the Wane Kreek Nature Reserve, and the terms of the
establishment and management of the Wia Wia, Galibi, and Wane Kreek Nature Reserves,
to determine the [respective] modifications that must be made in the[ir] terms to ensure
respect for the property rights of the Kaliña and Lokono over their ancestral lands,
territories and natural resources in accordance with their customs and traditions;
v)
Adopt all necessary measures, through effective and fully informed consultations
with the Kaliña and Lokono peoples and their members that respect their customary law, to
delimit, demarcate and grant collective title to the Kaliña and Lokono peoples over the lands
and territories that they have traditionally occupied and used;
vi)
Adopt all necessary measures to approve, in accordance with Suriname’s
constitutional procedures and the provisions of the American Convention, such legislative
and other measures as may be needed to provide judicial protection and give effect to the
collective and individual rights of the Kaliña and Lokono peoples in relation to the territory
they have traditionally occupied and used, and
vii)
Redress, individually and collectively, the consequences of the violation of the
aforementioned rights. In particular, consider the damage caused to the members of the
Kaliña and Lokono peoples as a result of the failure to grant them legal title to their
ancestral territory, as well as the damage caused to the territory by the acts of third
parties.
d) Notice to the State. The Merits Report was served upon the State on July 26, 2013; the
latter was granted two months to report on compliance with the recommendations.
e) Request for an extension and compliance report. On September 26, 2013, the State
requested an extension in order to comply with the recommendations, and the
Commission granted a further three months and required the State to present a report on
any progress made by January 15, 2014. The State presented a report on that date, but
failed to provide information on compliance with each recommendation. On January 24,
2014, the State requested a further extension without presenting additional information
on compliance with the recommendations.
f) Submission to the Court. On January 28, 2014, the Commission submitted this case to
the Court’s jurisdiction, “owing to the need to obtain justice,” and in relation to all the
facts and human rights violations described in the Merits Report.5
3.
The Inter-American Commission’s requests. Based on the above, the Commission asked
that the Court declare the international responsibility of the State for the violations described in
its Merits Report and that it order the State, as measures of reparation, to comply with the
recommendations set out in that document (supra para. 2.c).
5
The Commission appointed Commissioner José de Jesús Orozco Henríquez and Executive Secretary Emilio Álvarez
Icaza as its delegates and Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia Serrano Guzmán, lawyer of the
IACHR Executive Secretariat, as legal advisers.
6