4
operations, and establishing three Nature Reserves (Wia Wia, Galibi, and Wane Kreek2) in the
traditional territory of the Kaliña and Lokono. The petitioners allege that Kaliña and Lokono
property has been expropriated and the indigenous rights thereto extinguished under domestic
laws without consultation, consent, due process or compensation. The petitioners argue that
Suriname has systematically violated the legal requirement that indigenous peoples’ consent be
obtained in relation to activities that may affect their rights to their lands, territories, and
resources. They add that the lack of recognition of their rights in the law and the authorization of
these activities has affected their ability to exercise their traditional lifestyle, and many of the
younger members of their communities are losing their traditions.
The petitioners argue that, although some of these acts and omissions took place
before Suriname acceded to the American Convention in 1987, it can be held liable for the
continuous effects of the establishment of the Nature Reserves, the issuance of land titles, and the
granting of mining concession and authorization of mining activities. Additionally, the petitioners
claim that an important part of the mining activities were authorized years after Suriname’s
accession to the American Convention, and that some land titles were also issued after accession.
15.
16.
The petitioners further claim that the State has violated Article 25 of the American
Convention by failing to provide adequate and effective judicial remedies for violations of human
rights. They assert that the IACHR and the Inter-American Court have confirmed that judicial
protection and domestic remedies are unavailable in Suriname for the protection of indigenous and
tribal peoples’ human rights.
17.
The petitioners lastly claim that the State is responsible for the violation of human
rights protected under Articles 1 and 2 of the American Convention, as a result of its failure to give
domestic legal effect to the Kaliña and Lokono Peoples’ property rights. Regarding Article 1, the
petitioners argue the State has an affirmative duty to remove impediments to the enjoyment of
rights protected by the American Convention. The petitioners assert that Suriname has failed to
comply with these obligations with regard to the rights of the Lower Marowijne Peoples, since
Surinamese legislation pertaining to land and natural resource rights not only fails to recognize and
give effect to the victims’ rights, but it also places discriminatory conditions and limitations on
these rights that negate their exercise and privilege the interests of the State and non-indigenous
persons.
18.
As for Article 2, the petitioners contend that the American Convention imposes a
specific and affirmative duty on States to adopt or amend domestic legislation and other measures
to give full effect to the rights recognized in the American Convention. They claim that Suriname
has failed to adopt any legislative measures securing indigenous peoples’ property and other rights
since it acceded to the American Convention. The petitioners additionally contend that the State
has similarly failed to amend existing legislation that conflicts with and negates the Kaliña and
Lokono Peoples’ rights. As a result, the petitioners allege that Suriname is responsible for the
violation of both Articles 1 and 2 of the American Convention in relation to the Kaliña and Lokono
Peoples’ rights to own, use and enjoy their traditional lands, territories and natural resources, as
well as their right to cultural integrity, juridical personality, respect for their members’ moral and
mental integrity, and access to adequate and effective judicial remedies to enforce their rights.
19.
Subsequent to the report on admissibility, the petitioners have alleged that the
State’s failure to provide details regarding the precise dates when titles were issued to non2
Also spelled “Creek.”