Lokono peoples’ effective access, use and participation in them, in order to ensure the compatibility of environmental protection and the rights of the indigenous peoples, pursuant to paragraph 181 of the Judgment, so that maintaining the reserves does not constitute an excessive obstacle to their rights.326 Thus, any restriction of their rights must comply with the requirements of legality, necessity and proportionality, and the achievement of a legitimate purpose (supra para. 155). iii) The concessions within the nature reserves on the traditional territory 287. In view of the fact that activities under the mining concession ceased in 2009,327 the Court finds that it is unnecessary to establish measures relating to the review and revocation of the mining concession requested by the representatives. However, since the concession does not end until 2033, the Court notes that, in any case, the State must take the necessary measures to ensure that no actions are taken that could affect the traditional territory, in particular in the Wane Kreek Nature Reserve, while the effective participation of the Kaliña and Lokono peoples by means of a consultation process, has not been ensured, in the terms of paragraphs 206, 207 and 212. C. Rehabilitation of the territory 288. The Commission asked that measures be taken to rehabilitate the area where the mining operations in the Wane Kreek Nature Reserve took place, in consultation with the Kaliña and Lokono peoples. It also asked that an independent study be made of the actual impact on the soil, forests and rivers, and a remediation plan. The peoples must be consulted in order to achieve this objective. 289. The representatives called for: (i) the restitution and restoration of the lands in the hands of third parties, and of those that are within the three protected areas created in the territory of the Kaliña and Lokono peoples, and (ii) the effective environmental remediation and rehabilitation of the lands degraded by the mining operations within the territory of these peoples. Added to this, in their final observations, the representatives emphasized that the mining activity had caused extensive damage and that the efforts made to rehabilitate the territory had not been effective. The State did not submit any explicit arguments in this regard; however, following the on-site procedure, the State submitted a memorandum of the Director of the Bauxite Institute of Suriname dated August 27, 2015, which indicated that various actions had been taken to rehabilitate the territory that had been damaged by the mining operations, without providing any further evidence in this regard. 290. In view of the fact that the State was found responsible for the violation of Article 21 of the Convention because of the damage caused to the environment and the lands of the Kaliña and Lokono peoples owing to the bauxite mining operations in the Wane Kreek Nature Reserve (supra para. 230), and since, to date, the remediation work carried out by the company has been neither effective nor sufficient, the Court establishes that the State must: a) Implement the sufficient and necessary actions to rehabilitate the area affected. To this end, an action plan for the effective rehabilitation of the area must be drawn up, in conjunction with the company that has been in charge of this rehabilitation, and with 326 Cf. Case of the Xákmok Kásek Indigenous Community, supra, para. 313. 327 Cf. Case of the Kichwa Indigenous People of Sarayaku, supra, para. 299, and Case of the Garífuna Community of Punta Piedra and its members, supra, para. 327. 74

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