b) Appropriate and effective to protect, ensure and promote the rights over their indigenous lands,
by means of which they can implement the processes of recognition, delimitation, demarcation, and
titling and, if appropriate, secure the use and enjoyment of their traditional territories;294
4. The granting of effective protection that takes into account the inherent particularities
that differentiate them from the general population and that accord with their cultural
identity,295 their economic and social characteristics, their possible situation of vulnerability,
their customary law, values, uses and customs,296 as well as their special relationship to the
land,297 and
5. Respect for the internal mechanisms for deciding disputes on indigenous issues, which are
in harmony with human rights.298
B.2 Appropriateness and effectiveness of the judicial proceedings and petitions filed
before State authorities
252. Despite the inexistence of specific judicial proceedings regulated by law, the Kaliña and
Lokono peoples have had recourse to courts of the ordinary jurisdiction and to various
administrative authorities in order to file formal requests and complaints based on the right of
petition recognized in Article 22 of the 1987 Constitution (supra para. 65), in order to claim
recognition of the rights to their ancestral territory, their legal personality, and the obligation to
consult them.
253. In this regard, the judgment issued on May 21, 1998, by the Cantonal Court of the First
Canton of Paramaribo in the case of Tjang A. Sjin v. Zaalman and Others, established that the
community of Marijkedorp (Wan Shi Sha) should respect the property rights of Tjang A. Sjin,
because he had a valid property title under Surinamese law (supra para. 63). Also, the judgment
of July 24, 2003, delivered by the Cantonal Court of the First Canton of Paramaribo in the case of
Celientje Martina Joeroeja-Koewie and Others v. Suriname & Suriname Stone & Industries N.V.,
rejected the request of the residents of Pierrekondre to revoke a sand mining concession granted
in their territory, because they lacked legal personality as a collective entity (supra para. 64).
254. In addition, on January 12, 2003, the captains of the Kaliña and Lokono peoples
presented a formal petition to the President of Suriname, Ronald Venetiaan, and the respective
Ministries and State agencies, requesting the recognition of the right to their ancestral territories,
their legal personality, and the obligation to consult them. On January 31 and February 28,
2003, meetings were held in this regard, but no specific agreements were reached (supra paras.
65 and 66). Subsequently, on March 22, 2004, the captains of the Kaliña and Lokono peoples
reiterated the contents of the petition of January 12, 2003. However, the State did not answer
the petition (supra para. 65).
255. Furthermore, in December 2004, the CLIM sent a communication to the State-owned
Lands Office asking it to suspend the issue of land titles in the area known as “Tuinstad Albina.”
294
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 138, and Case of the Kuna Indigenous
Community of Madungandí and the Emberá Indigenous Community of Bayano and their members, supra, para. 157.
295
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 51, and Case of the Kuna Indigenous Community
of Madungandí and the Emberá Indigenous Community of Bayano and their members, supra, para. 112.
296
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 63, and Case of the Kuna Indigenous Community
of Madungandí and the Emberá Indigenous Community of Bayano and their members, supra, para. 167.
297
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 149, and Case of the Kuna Indigenous
Community of Madungandí and the Emberá Indigenous Community of Bayano and their members, supra, para. 111.
298
Cf. Articles 27 and 33(2) of the United Nations Declaration on the Rights of Indigenous Peoples, supra.
66
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