202. Furthermore, the Court reiterates that Article 23 of the American Convention establishes that: “[e]very citizen shall enjoy the following rights and opportunities: (a) to take part in the conduct of public affairs […].” Similarly, Article 18 of the United Nations Declaration on the Rights of Indigenous Peoples establishes that “[i]ndigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives [���],” and the pertinent part of Article 32 stipulates that “States shall consult and cooperate in good faith […] prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the […] utilization or exploitation of mineral […] resources.”239 203. Consequently, in order to ensure the use and enjoyment of the right to indigenous collective property recognized in Articles 1(1) and 21 of the Convention, in relation to the utilization or exploitation of natural resources in their traditional territory, the State must, for the effects of this case, put in place mechanisms for the effective participation of the indigenous peoples using procedures that are culturally adapted to the decision-making of such peoples. This is not only a matter of public interest, but also forms part of the exercise of their right to take part in any decision-making on matters that affect their interests, in accordance with their own procedures and institutions, in relation to Article 23 of the American Convention (supra para. 196).240 i) Effective participation by means of a consultation process 204. In this case, in its answering brief, the State “recognize[d] that consultation is an important instrument to ensure broad support and to have the peoples take ownership of development processes,” and advised that, currently, Suriname is committed to developing a protocol that reflects the principle of the free, prior and informed consent of the peoples (infra para. 210). Furthermore, in its final written arguments, the State indicated that the “principle of free, prior and informed consent [was] an international requirement that States should adhere to when consulting indigenous and tribal people. This mean[t] that States must meet the minimum requirements: adhere to the meeting culture of the communities; giving them the opportunity to be represented by persons or organizations of their own choice; inform them in advance on the [respective] topic in an understandable language. In principle, it mean[t] that there must be a clear and prior agreed consultation structure with the communities. The State of Suriname declared [that it was] already applying this principle […]. Developing regulations on [prior, free and informed consent] would mean improving and formalizing what occurs in practice.” 205. Nevertheless, Suriname has argued that, for the effects of this case, there were no indigenous peoples living within or near the area of the mining concession, because the distance between that area and the nearest indigenous village, Alfonsdorp, was about 6.3 km. Thus, the State indicated that the mining operations had no substantial effect on the exercise of the rights and traditional activities of the community, and therefore consultation was unnecessary. 206. In this regard, the Court has already established that the State must ensure the effective participation “with regard to any development, investment, exploration or extraction plan.”241 In 239 Cf. Article 29 of the United Nations Declaration on the Rights of Indigenous Peoples, supra; Article 6 of the InterAmerican Democratic Charter stipulates that: It is the right and responsibility of all citizens to participate in decisions relating to their own development […].” 240 Cf. Mutatis mutandi, Case of Yatama v. Nicaragua, Preliminary Objections, Merits, Reparations and Costs. Judgment of June 23, 2005. Series C No. 127, para. 225. 241 Cf. Case of the Saramaka People, supra, para. 129. Likewise, in the case of the Garífuna Community of Punta Piedra and its members, the Court indicated that the consultation must take place beforehand, and must be carried out starting in the initial stages of the development or investment plan so that the indigenous and tribal peoples may truly 54

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