working day and be paid by the State.63 It should be noted that the Court has verified that this
bill did not include the recognition of the indigenous and tribal peoples as juridical persons or
their rights to lands, resources and communal lands.
56.
In this regard, a letter that Martin Misiedjan, President of the Land Rights Bureau, and
State agent for this case, addressed to indigenous and Maroon communities indicated that the
draft bill had been prepared without the contribution of indigenous and Maroon communities and
they were therefore invited to a meeting to discuss the draft. 64 Nevertheless, the Court has no
information regarding to whom the invitation was addressed, whether the meeting was held, and
the results.
57.
The Court also takes note that, on October 1, 2014, Martin Misiedjan sent a letter to the
Executive Director of Conservation International Suriname requesting funding for future
meetings with the indigenous and Maroon communities in relation to the draft bill.65 However,
the Court has no further information concerning this request.
D. The steps taken by the indigenous peoples to obtain recognition of their rights
58.
In the following section, the Court will refer to diverse social protests, and administrative
petitions and judicial proceedings filed before the State authorities in relation to the land claimed
in this case, by which the Kaliña and Lokono peoples demanded recognition of their rights by
domestic law and practice.
D.1 Steps taken prior to the acceptance of the Court’s jurisdiction (November 12,
1987)
59.
The steps taken by the Kaliña and Lokono peoples to obtain recognition of their rights
began prior to the independence of the State of Suriname, which was achieved November 25,
1975. In 1972, they filed various petition before the Independence Commission in which they
denounced, among other matters, that classifying indigenous territory as State-owned lands was
unjust.66
60.
In 1975 and 1976, they filed three cases before domestic courts to claim their rights to
ancestral lands, which were rejected, citing lack of legal grounds. 67
61.
In 1976, the Kaliña and Lokono peoples took part in a 142-kilometer march from Albina to
Paramaribo to protest against the violation of their land rights by the creation of the Galibi
Nature Reserve in 1969, as well as the sub-division and parceling of the villages of Erowarte,
Marijkedorp (Wan Shi Sha), Tapuku and Pierrekondre. The State’s response was that the
indigenous peoples had no land rights and, therefore, no objection was admissible.68 Also, in
1978, the Kaliña and Lokono peoples, together with other indigenous peoples and Maroons,
63
Cf. Articles 1, 2, 5, 7 and 8, Draft Bill on Traditional Authorities of June 3, 2014 (merits file, folios 848 to 850).
64
Cf. Letter dated July 30, 2014, Ref.: 038-14/KB/BG (evidence file, folio 3000).
65
Cf. Letter dated October 1, 2014, Ref.: 057/14/KB/BG (evidence file, folios 3001 and 3002).
66
Cf. Affidavit made by Loreen Jubitana on January 27, 2015 (merits file, folio 431).
67
Namely: Case of No. 165, Association of Indigenous Peoples v. Suriname, March 17, 1975; Association of
Indigenous Peoples v. Suriname, A.R. No. 754180, September 26, 1975; and Association of Indigenous Peoples v.
Suriname, A.R. No. 753160, January 13, 1976. Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015
(merits file, folio 445).
68
Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 445); Affidavit made by
Loreen Jubitana on January 27, 2015 (merits file, folio 431);
19