50 or the least intrusive on the rights of indigenous peoples (to satisfy the “necessity” and “proportionality” requirements discussed above). In other words, Suriname has not shown that, since its accession to the American Convention, it has considered other conservation alternatives that are less infringing of the Kaliña and Lokono’s property rights. It is clear from the evidence presented that the Kaliña and Lokono have for many years expressed their opposition and lack of consent to the existence of the Reserve, and that they have been prevented from accessing the Galibi Reserve and on at lest one occasion were even harassed when some of their members were near the Reserve.276 150. For the foregoing reasons, the IACHR considers that Suriname has violated Article 21 of the American Convention, in connection with its Articles 1.1 and 2, to the detriment of the Kaliña and Lokono Peoples in connection with the continuing effects of the establishment and management of the Galibi Nature Reserve. (iv) The Wane Kreek Nature Reserve The Wane Kreek Reserve was established by State Decree of August 26, 1986, at a time when Suriname was already independent.277 Among other things, the Decree creating the Wane Kreek Reserves provides that to the extent there are “villages and settlements of bushland inhabitants living in tribal form, within the areas designated by this State Decree as nature reserves, the rights acquired by virtue thereof, will be respected.”278 There are no indigenous villages settled inside the Reserve, but as was proven in the proceedings (see paragraph 55) the Kaliña and Lokono have used the area for their traditional activities.279 Despite its status as a Nature Reserve, bauxite mining operations are conducted inside the Reserve.280 151. 152. Moreover, the Wane Kreek Reserve was created when Suriname had become a Member State of the OAS and was obligated to protect and guarantee the rights enshrined in the American Declaration, including the right to property (Article XXIII) and the right to the benefits of culture (Article XIII). As with the Wia Wia Reserve, no consultation of any type with the indigenous communities was conducted when the Reserve was created, when Suriname acceded to the American Convention, or when the mining operations were authorized. Although Suriname claims that restrictions on activities in the Reserve “are never enforced in a way which would interfere with the traditional use rights of the indigenous groups concerned,”281 it acknowledges that the rights of indigenous peoples to enter the Reserve are not formally recognized by law, and therefore are legally subordinate to the status of the Nature Reserve. 153. 276 See paragraph 54, supra. 277 See Submission of petitioners, May 29, 2008, Annex D, State Decree of 26 August 1986, Nature Protection Decree 1986. 278 Submission of petitioners, May 29, 2008, Annex D, State Decree of 26 August 1986, Nature Protection Decree 1986, article 4. 279 Submission of Suriname, March 22, 2008, pp. 5-6; Petition, paras. 86-88. 280 See, e.g., Submission of Suriname, September 12, 2008, Annex III, Affidavit of Glenn Renaldo Kingswijk. 281 Submission of Suriname, September 12, 2008, Annex I, Affidavit of Ferdinand Baal and Bryan Drakenstein, p. 1.