2.
The State is responsible for the violation of the right to collective property and political
rights, recognized in Articles 21 and 23 of the American Convention, in relation to Articles 1(1)
and 2 of this instrument, to the detriment of the Kaliña and Lokono peoples and their members,
pursuant to paragraphs 122 to 230 of this Judgment.
Judge Pérez Pérez dissenting.
By six votes to one, that
3.
The State is responsible for the violation of the right to judicial protection, recognized in
Article 25 of the American Convention, in relation to Articles 1(1), 2 and 13 thereof, to the
detriment of the Kaliña and Lokono peoples and their members, pursuant to paragraphs 237 to
268 of this Judgment.
Judge Pérez Pérez dissenting.
AND ESTABLISHES,
Unanimously, that:
4.
This Judgment constitutes, per se, a form of reparation.
5.
The State shall grant the Kaliña and Lokono peoples legal recognition of collective juridical
personality, as established in paragraph 279.i.a of this Judgment.
6.
The State shall delimit and demarcate the traditional territory of the members of the Kaliña
and Lokono peoples, as well as grant them collective title to that territory and ensure their
effective use and enjoyment thereof, taking into account the rights of other tribal peoples in the
area, as established in paragraphs 279.i.b, 284 and 285 of this Judgment.
7.
The State shall, through its competent authorities, establish how the territorial rights of
the Kaliña and Lokono peoples will be protected in cases in which the land claimed is owned by
the State or by third parties, as established in paragraphs 280 to 285 of this Judgment.
8.
The State shall take the appropriate measures to ensure the access, use and participation
of the Kaliña and Lokono peoples in the Galibi and Wane Kreek Nature Reserves, as established
in paragraph 286 of this Judgment.
9.
The State shall take the necessary measures to ensure that no activities are carried out
that could have an impact on the traditional territory, in particular in the Wane Kreek Nature
Reserve, while the above-mentioned processes for the effective participation of the Kaliña and
Lokono peoples have not been guaranteed, as established in paragraph 287 of this Judgment.
10.
The State shall implement the sufficient and necessary measures to rehabilitate the
affected area in the Wane Kreek Nature Reserve, as established in paragraphs 290 and 291 of
this Judgment.
11.
The State shall create a community development fund for the members of the Kaliña and
Lokono peoples, in the terms and within the time frame established in paragraphs 295 to 299 of
this Judgment.
12.
The State shall implement the necessary inter-institutional coordination mechanisms in
order to ensure the effectiveness of the measures established above, within three months of
83
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