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lands and has refused to recognize indigenous land rights. The petition contends that the State has
encroached upon the traditional territory of the Kaliña and Lokono Peoples by establishing three
Nature Reserves, issuing land titles to non-indigenous persons in Kaliña and Lokono ancestral
lands, and by authorizing mining activities in their territories.
10.
The petitioners argue that the State has violated Article 3 of the American
Convention by failing to recognize the Kaliña and Lokono Peoples and their communities as legal
persons under Surinamese law. Specifically, Surinamese law does not recognize indigenous peoples
and their communities as legal persons for purposes of applying for and holding land titles.
Additionally, the petitioners argue that Suriname has violated the Kaliña and
Lokono Peoples’ right to property protected by Article 21 of the American Convention. They allege
that the Kaliña and Lokono have traditionally used and occupied their lands, territories, and natural
resources according to their uses and customs. They contend that these traditional methods of
occupation and use are a property regime protected by Article 21 of the American Convention, and
that Article 21, read in conjunction with Articles 1 and 2 thereof, requires that Suriname adopt
special measures to guarantee the individual and collective rights of the Lower Marowijne
indigenous peoples to own and control of their traditional lands, territories, and resources. The
petitioners maintain that Suriname’s laws do not recognize Kaliña and Lokono property rights and
that there is no legislative, administrative or other mechanism that serves to secure their collective
rights in law or practice. Therefore, the petitioners argue that the State has failed to recognize,
secure, and protect the Kaliña and Lokono Peoples’ property rights in law and practice and thus
violated Article 21 in conjunction with Articles 1 and 2 of the American Convention.
11.
The petitioners submit that the human right to property under Article 21
encompasses the recognition of the right of indigenous peoples to self-determination, and that the
indigenous peoples’ right to property includes recognition of their right to freely dispose of their
natural resources. They also state that, under international law, permissible restrictions on the
property rights of indigenous peoples are very limited and under no circumstances should be
imposed unilaterally without provisions for consultation and compensation. The petitioners argue
against non-consensual subordination of indigenous peoples’ property rights where doing so
effectively extinguishes property rights or infringes upon the indigenous peoples’ right to occupy,
use and enjoy their lands and territories, and to freely dispose of their natural wealth and
resources.
12.
13.
In addition, the petitioners maintain that Suriname’s Constitution provides that
natural resources are property of the State and does not recognize the rights of indigenous peoples
or their communities over lands, territories, or resources. With respect to domestic law, petitioners
allege that the primary legislation regarding State land is the L-Decrees of 1981-1982 from the
military era. These decrees provide that, in allocating State-owned land, the rights of indigenous
peoples shall be respected, provided this is not contrary to the general interest. The petitioners
claim that the decrees distinguish the indigenous peoples’ de facto rights from others’ legal rights
based on formal titles issued by the State. They take the position that any restriction on the Kaliña
and Lokono Peoples is by definition a violation of Article 21, which requires that property rights be
recognized in the law, which is not the case in Suriname.
14.
Moreover, the petitioners allege that Suriname has violated the collective property
rights of the Kaliña and Lokono Peoples by issuing titles to third parties, permitting mining