peoples, by payment of compensation to those affected as established by domestic law.321 When
deciding this matter, the State authorities should abide by the standards established in this
Judgment (supra paras. 155 to 159 and 168), bearing in mind, in particular, the special
relationship that the indigenous peoples have with their lands in order to preserve their culture
and ensure their survival. The decision taken by the domestic authorities should never be based
exclusively on the fact that these lands are in private hands or that they are being exploited
rationally.322
281. If the State should consider that, for objective and duly justified reasons, it is not possible
to grant title to the traditional lands, it must grant collective property titles to these peoples on
adjoining alternative lands of the same size and quality as those that it has not granted. To
implement this measure, the State must ensure the effective participation of the Kaliña and
Lokono peoples and their members, in keeping with the relevant standards. 323
282. Until these measures have been implemented, the State must ensure, immediately and
effectively, that the lands that are currently in possession of the Kaliña and Lokono peoples do
not suffer any intrusion, interference or harm by third parties or State agents that could
jeopardize the existence, value, use and enjoyment of their territory, 324 and also, to guarantee
legal certainty, cease issuing new property titles and leases in the territories of the Kaliña and
Lokono peoples.
283. The State must draw up, by mutual agreement with the Kaliña and Lokono peoples and
the other tribal peoples in the area, as well as with private third parties, rules for peaceful and
harmonious coexistence in the territory in question that respect the uses and customs of the
Kaliña and Lokono peoples, and that guarantee their relationship with their traditional areas,
including the Marowijne River (supra para. 159).
284. The State has three years from notification of the Judgment to deliver the corresponding
titles to the Kaliña and Lokono peoples, and these must be duly regularized to ensure the
effective use and enjoyment of their property.
285. The State must, within three months of notification of this Judgment, implement the
necessary mechanisms for coordination among the institutions that are involved in decisionmaking and have competence in this matter, in order to ensure the effectiveness of the
measures established above.325
ii)
Restrictions in the nature reserves
286. With regard to the Galibi and Wane Kreek nature reserves, the State must adopt the
sufficient and necessary measures to guarantee, by appropriate mechanisms, the Kaliña and
321
Cf. Case of the Yakye Axa Indigenous Community, supra, paras. 148 and 217, and Case of the Garífuna
Community of Punta Piedra and its members, supra, para. 324. In this regard, the Court recalls its case law according to
which: “restrictions to the right to property of private individuals may be necessary in order to achieve the collective goal
of preserving the cultural identities of a democratic and pluralist society in the sense of the American Convention; and
proportionate if fair compensation is paid to those affected, pursuant to Article 21(2) of the Convention.”
322
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217, and Case of the Xákmok Kásek Indigenous
Community, supra, para. 284.
323
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217, and Case of the Garífuna Community of
Punta Piedra and its members, supra, para. 325.
324
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 153.2, and Case of the Garífuna
Community of Punta Piedra and its members, supra, para. 324.b.
325
Cf. Case of the Garífuna Community of Punta Piedra and its members, supra, para. 328.
73
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