a)
Grant the indigenous and tribal peoples in Suriname legal
recognition of collective juridical personality in order to ensure them the
exercise and full enjoyment of their right to property in accordance with
their customs and traditions, as established in paragraphs 105 to 114.
The State must comply with the measures of reparation with two years of
notification of this Judgment, at the latest.
Conclusion
21.
Based on the foregoing, the undersigned emphasize the above-mentioned
developments in the Court’s case law in relation to the right to effective participation
by means of a consultation process, which should be understood in light of the Court’s
consistent case law and, in this specific case, in light of the right to participate in the
conduct of public affairs, recognized in Article 23 of the American Convention.
22.
Moreover, with regard to the right to recognition of juridical personality,
established in Article 3 of the American Convention, this has been interpreted
underlining the relevance of the collective dimension of indigenous and tribal peoples.
And this is consistent with the enlightened interpretation that this Court has developed
throughout its case law on this matter, in the sense of recognizing that the rights of
indigenous and tribal peoples have singular characteristics related to their particular
ways of life, traditions, world vision, and culture, which are also protected by the
American Convention on Human Rights.
Humberto Antonio Sierra Porto
Judge
Eduardo Ferrer Mac-Gregor Poisot
Judge
Pablo Saavedra Alessandri
Secretary
7
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