and discussed with [them] as soon as it was available.”375 It is clear that this request for
information is unrelated to “a matter of evident public interest,” rather it refers to a matter
of interest to the Kaliña and Lokono indigenous peoples in order to exercise their right to
judicial protection (Article 25) in relation to their rights to collective property, participation
and consultation.
15.
To the contrary, the freedom of information recognized in Article 13 of the
Convention refers (in the terms transcribed above from the judgment in the Sarayaku case)
to “information [that] is vital for effective democratic monitoring of the State’s management
of the exploration and exploitation of natural resources on the territory of indigenous
communities.” The instant case does not relate to the “democratic control of the State’s
management,” but to the exercise of the specific rights mentioned at the end of the
preceding paragraph. As the judgment indicates, “the information requested was important
documentation to provide the Kaliña and Lokono peoples with precise facts on how many
individuals from outside their communities were in the area, and the legal situation of the
land ownership. Thus, the information could have provided them with additional evidence
when filing their claims in the domestic jurisdiction.” 376
16.
Therefore, it was not in order to declare a violation of Article 13 of the Convention;
rather it was sufficient to declare the violation of Article 25 (Right to Judicial Protection).
III.
17.
Article 23 (Right to Participate in Government) was not violated
Article 23 of the American Convention establishes the following:
Article 23. Right to Participate in Government
1. Every citizen shall enjoy the following rights and opportunities:
a. to take part in the conduct of public affairs, directly or through freely chosen
representatives;
b. to vote and to be elected in genuine periodic elections, which shall be by universal
and equal suffrage and by secret ballot that guarantees the free expression of the will
of the voters; and
c. to have access, under general conditions of equality, to the public service of his
country.
2. The law may regulate the exercise of the rights and opportunities referred to in the
preceding paragraph only on the basis of age, nationality, residence, language,
education, civil and mental capacity, or sentencing by a competent court in criminal
proceedings.
18.
In this case, Article 23 was transcribed in the text of the judgment. But the
transcription is partial and biased. It only goes as far as the words “public affairs,” and
omits the passage that states “directly or through freely chosen representatives” as well as
subparagraphs (b) and (c) regarding the “rights and opportunities” “to vote and to be
elected” and to have equal access “to the public service.” Both the elements omitted and
the reference to “public affairs” and the name of the rights in question (“Right to Participate
in Government”) would be sufficient to exclude the application of the norm allegedly
375
Case of the Kaliña and Lokono Peoples v. Suriname, supra, para. 263.
376
Case of the Kaliña and Lokono Peoples v. Suriname, supra, para. 267.
6
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