202. Furthermore, the Court reiterates that Article 23 of the American Convention establishes
that: “[e]very citizen shall enjoy the following rights and opportunities: (a) to take part in the
conduct of public affairs […].” Similarly, Article 18 of the United Nations Declaration on the Rights
of Indigenous Peoples establishes that “[i]ndigenous peoples have the right to participate in
decision-making in matters which would affect their rights, through representatives [���],” and the
pertinent part of Article 32 stipulates that “States shall consult and cooperate in good faith […]
prior to the approval of any project affecting their lands or territories and other resources,
particularly in connection with the […] utilization or exploitation of mineral […] resources.”239
203. Consequently, in order to ensure the use and enjoyment of the right to indigenous
collective property recognized in Articles 1(1) and 21 of the Convention, in relation to the
utilization or exploitation of natural resources in their traditional territory, the State must, for the
effects of this case, put in place mechanisms for the effective participation of the indigenous
peoples using procedures that are culturally adapted to the decision-making of such peoples.
This is not only a matter of public interest, but also forms part of the exercise of their right to
take part in any decision-making on matters that affect their interests, in accordance with their
own procedures and institutions, in relation to Article 23 of the American Convention (supra
para. 196).240
i)
Effective participation by means of a consultation process
204. In this case, in its answering brief, the State “recognize[d] that consultation is an
important instrument to ensure broad support and to have the peoples take ownership of
development processes,” and advised that, currently, Suriname is committed to developing a
protocol that reflects the principle of the free, prior and informed consent of the peoples (infra
para. 210). Furthermore, in its final written arguments, the State indicated that the “principle of
free, prior and informed consent [was] an international requirement that States should adhere to
when consulting indigenous and tribal people. This mean[t] that States must meet the minimum
requirements: adhere to the meeting culture of the communities; giving them the opportunity to
be represented by persons or organizations of their own choice; inform them in advance on the
[respective] topic in an understandable language. In principle, it mean[t] that there must be a
clear and prior agreed consultation structure with the communities. The State of Suriname
declared [that it was] already applying this principle […]. Developing regulations on [prior, free
and informed consent] would mean improving and formalizing what occurs in practice.”
205. Nevertheless, Suriname has argued that, for the effects of this case, there were no
indigenous peoples living within or near the area of the mining concession, because the distance
between that area and the nearest indigenous village, Alfonsdorp, was about 6.3 km. Thus, the
State indicated that the mining operations had no substantial effect on the exercise of the rights
and traditional activities of the community, and therefore consultation was unnecessary.
206. In this regard, the Court has already established that the State must ensure the effective
participation “with regard to any development, investment, exploration or extraction plan.”241 In
239
Cf. Article 29 of the United Nations Declaration on the Rights of Indigenous Peoples, supra; Article 6 of the InterAmerican Democratic Charter stipulates that: It is the right and responsibility of all citizens to participate in decisions
relating to their own development […].”
240
Cf. Mutatis mutandi, Case of Yatama v. Nicaragua, Preliminary Objections, Merits, Reparations and Costs.
Judgment of June 23, 2005. Series C No. 127, para. 225.
241
Cf. Case of the Saramaka People, supra, para. 129. Likewise, in the case of the Garífuna Community of Punta
Piedra and its members, the Court indicated that the consultation must take place beforehand, and must be carried out
starting in the initial stages of the development or investment plan so that the indigenous and tribal peoples may truly
54
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