2
they claim to use is highly varied, and that they do not constitute recognized indigenous groups that
can exert rights over lands and territories. The State adds that the granting of private titles and
mining concession does not interfere with any indigenous rights the Kaliña and Lokono Peoples
might have, and that these are consistent with Inter-American jurisprudence regarding permissible
interferences with the right to property. Suriname also claims that it cannot be held liable for
alleged violations of the American Convention for acts that pre-dated its ratification of that
instrument in 1987, such as establishment of the Nature Reserves, one of which dates back to 1966.
It also argues that the establishment of the Nature Reserves is also consistent with inter-American
case law regarding permissible interferences with the rights to property protected by Article 21.
In Report N° 76/07, approved on October 15, 2007 during its 130 Period of
Sessions, the IACHR declared the petition admissible with respect to the alleged violations of
Articles 3, 21 and 25 of the American Convention (in connection with Articles 1 and 2 thereof), and
proceeded to examine the merits of the petition.
4.
In this Report, after analyzing the evidence and arguments submitted by the
petitioners and the State, the Inter-American Commission finds that Suriname has violated Articles
3, 21, and 25, in connection with Articles 1 and 2, of the American Convention, to the detriment of
the Kaliña and Lokono Peoples.
5.
II.
PROCEEDINGS BEFORE THE IACHR
6.
As mentioned above, in Admissibility Report No. 76/07 the IACHR found that the
petition in this case was admissible, as it alleged facts that could constitute violations of rights
protected by the American Convention. Subsequent to the admissibility report, the petitioners
submitted information to the IACHR on January 11, 2008, May 28, 2008, October 29, 2008,
December 22, 2010, March 27, 2012 and February 1, 2013. Suriname also provided information to
the IACHR on March 22, 2008 and September 12, 2008, May 16, 2011 and March 27, 2012. These
Communications were duly transmitted to the other party.
7.
On March 27, 2012, during its 144 Period of Sessions, the IACHR held a hearing
regarding this case. The Inter-American Commission received information from petitioner Richard
Pané, petitioners’ counsel Fergus MacKay, and Kenneth J. Amoksi, representative of the State of
Suriname. The petitioners also presented and provided copies of maps of the Lower Marowijne
River area.
III.
POSITION OF THE PARTIES
A.
Position of the petitioners
8.
The petitioners allege human rights violations associated with the State’s failure to
recognize the property rights of the Kaliña and Lokono indigenous peoples over their ancestral
territories along and near the Lower Marowijne River. They assert that the Kaliña and Lokono
Peoples are the indigenous inhabitants of the Lower Marowijne River area, and that they have
ancestral rights over their lands, territories and resources recognized under international law and
the standards set by the Inter-American Court of Human Rights (“Inter-American Court”).
9.
The petitioners submit that the State is responsible for violations of Articles 3, 21
and 25 of the American Convention, in connection with its Articles 1 and 2, to the detriment of the
Lower Marowijne Peoples. In addition to their lack of recognition under Surinamese law,
petitioners principally allege that under Surinamese law the State owns and controls indigenous