82. The International Union for the Conservation of Nature and Natural Resources designated the Wane Kreek Nature Reserve a category IV protected area, which defines it as an area management of which requires active interventions to address the requirements of particular species and to maintain habitats.102 83. The fourth article of the 1986 Nature Protection Order established that the traditional rights of the tribal villages and communities located within the reserve would be respected. 103 In this regard, the explanatory note to this order, prepared by the Minister of Natural Resources and Energy, established that the area chosen for the reserve was claimed by the communities who lived around it as part of their ancestral territory.104 84. The territory of the Wane Kreek Nature Reserve forms part of the ancestral territories claimed by the Kaliña and Lokono peoples.105 In this regard, they indicated that the area of the reserve is their main hunting and fishing ground, and is also used to extract medicinal plants, clay and kaolin. Furthermore, the Kaliña and Lokono peoples have always had camps and settlements in the area and it contains ancient villages and sacred sites that they consider fundamental to their origins and identity.106 The area also has significant archaeological value, as numerous Pre-Columbian artefacts have been found.107 E.2.1 Consultation process 85. Prior to the establishment of the Wane Kreek Nature Reserve several meetings were held with the participation of authorities of the State Forest Management Service, an indigenous people’s organization called “KANO,” community leaders and some residents.108 According to the State, KANO was founded in 1969 and was composed of Kaliña and Lokono indigenous peoples. However, the representatives indicated that KANO was composed of indigenous individuals from different parts of Suriname who were not traditional authorities or legitimate representatives of the alleged victims in this case. Also KANO ceased to exist in 1980; in other words, six years before the creation of the Wane Kreek Nature Reserve. 86. In this regard, according to a communication dated August 26, 1978, the State Forest Management Service and KANO representatives reached the following agreements during a meeting held on August 21, 1978: - 102 The rights and claims of the traditional inhabitants will be respected. Representatives of KANO and of the State Forest Management Service will visit several nature reserves. KANO will provide detailed information to local residents about the meeting held with the State Forest Management Service and will consult the local residents in this regard. Cf. Environmental Sensitivity Analysis of the Wane 4 Concession dated July 4, 2005 (merits file, folio 395). 103 Article 4 of the Nature Protection Order of August 26, 1986, establishes that: “Insofar as, on the effective date of this Government Regulation, plots of land in the areas designated as nature reserves by this Government Regulation have been issued as allodial and hereditary titles, leasehold, rent, use, license or concession, or villages and settlements of tribal communities of inhabitants of the interior are located therein, the rights derived therefrom will be respected” (evidence file, folio 2752). 104 Cf. Explanatory note on the Nature Protection Order of August 26, 1986 (evidence file, folio 2756). 105 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 446); and Statement made on August 19, 2015, during the on-site procedure, by Margariet Biswane, Captain of Alfonsdorp (merits file, folio 973). 106 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 447); Testimony of Captain Jona Gunther during the public hearing held in this case on February 3, 2015; Statement made on August 19, 2015, during the on-site procedure, by Margariet Biswane, Captain of Alfonsdorp (merits file, folio 973), and Traditional use and management of the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file, folio 89). 107 Cf. Wane Environmental Sensitivity Analysis dated July 4, 2005 (merits file, folio 409). 108 Cf. Explanatory note on the Nature Protection Order of August 26, 1986 (evidence file, folio 2757) and Affidavit made by Claudine Sakimin on January 27, 2015 (merits file, folio 483). 24