peoples, by payment of compensation to those affected as established by domestic law.321 When deciding this matter, the State authorities should abide by the standards established in this Judgment (supra paras. 155 to 159 and 168), bearing in mind, in particular, the special relationship that the indigenous peoples have with their lands in order to preserve their culture and ensure their survival. The decision taken by the domestic authorities should never be based exclusively on the fact that these lands are in private hands or that they are being exploited rationally.322 281. If the State should consider that, for objective and duly justified reasons, it is not possible to grant title to the traditional lands, it must grant collective property titles to these peoples on adjoining alternative lands of the same size and quality as those that it has not granted. To implement this measure, the State must ensure the effective participation of the Kaliña and Lokono peoples and their members, in keeping with the relevant standards. 323 282. Until these measures have been implemented, the State must ensure, immediately and effectively, that the lands that are currently in possession of the Kaliña and Lokono peoples do not suffer any intrusion, interference or harm by third parties or State agents that could jeopardize the existence, value, use and enjoyment of their territory, 324 and also, to guarantee legal certainty, cease issuing new property titles and leases in the territories of the Kaliña and Lokono peoples. 283. The State must draw up, by mutual agreement with the Kaliña and Lokono peoples and the other tribal peoples in the area, as well as with private third parties, rules for peaceful and harmonious coexistence in the territory in question that respect the uses and customs of the Kaliña and Lokono peoples, and that guarantee their relationship with their traditional areas, including the Marowijne River (supra para. 159). 284. The State has three years from notification of the Judgment to deliver the corresponding titles to the Kaliña and Lokono peoples, and these must be duly regularized to ensure the effective use and enjoyment of their property. 285. The State must, within three months of notification of this Judgment, implement the necessary mechanisms for coordination among the institutions that are involved in decisionmaking and have competence in this matter, in order to ensure the effectiveness of the measures established above.325 ii) Restrictions in the nature reserves 286. With regard to the Galibi and Wane Kreek nature reserves, the State must adopt the sufficient and necessary measures to guarantee, by appropriate mechanisms, the Kaliña and 321 Cf. Case of the Yakye Axa Indigenous Community, supra, paras. 148 and 217, and Case of the Garífuna Community of Punta Piedra and its members, supra, para. 324. In this regard, the Court recalls its case law according to which: “restrictions to the right to property of private individuals may be necessary in order to achieve the collective goal of preserving the cultural identities of a democratic and pluralist society in the sense of the American Convention; and proportionate if fair compensation is paid to those affected, pursuant to Article 21(2) of the Convention.” 322 Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217, and Case of the Xákmok Kásek Indigenous Community, supra, para. 284. 323 Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217, and Case of the Garífuna Community of Punta Piedra and its members, supra, para. 325. 324 Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 153.2, and Case of the Garífuna Community of Punta Piedra and its members, supra, para. 324.b. 325 Cf. Case of the Garífuna Community of Punta Piedra and its members, supra, para. 328. 73

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