Recognition of collective juridical personality
17.
In this Judgment, the Court, based on previous cases concerning Suriname, 13
declared that:
114.
In conclusion, since the domestic laws of Suriname do not
recognize the collective exercise of the juridical personality of the
indigenous and tribal peoples, this Court finds that the State has violated
Article 3 of the American Convention, to the detriment of the Kaliña and
Lokono peoples, in relation to Article 2 of this instrument. In addition, for
the effects of the instant case, the failure to recognize the juridical
personality of the Kaliña and Lokono peoples has an impact on the violation
of other rights recognized in Articles 1.1, 21 and 25 of the Convention.
18.
We concur with this reasoning, because the recognition of collective juridical
personality is an essential requirements to ensure that the indigenous and tribal
peoples may exercise different rights that, owing to their communal characteristics,
need to be protected collectively. Thus, the Court reiterated that:
107.
[…] “the right that the State recognize their juridical personality is
one of the special measures that should be granted to the indigenous and
tribal groups in order to ensure that they may enjoy their territories
according to their traditions. This is the natural consequence of the
recognition of the right of the members of the indigenous and tribal groups
to enjoy certain rights collectively.”
109.
[…] “the recognition of juridical personality is one way, although
not the only way, to ensure that the community as a whole may enjoy and
exercise fully the right to property, in accordance with their system of
communal ownership, as well as the right to equal judicial protection
against any violation of this right.”
19.
It should be noted that the Court took the State to task, considering that this
non-compliance was “particularly serious owing to the provisions of the judgment in
the case of the Saramaka People of November 28, 2007 (supra para. 107), which were
reiterated to the State for the effects of that case, in the order on monitoring
compliance of November 23, 2011.”14
20.
Consequently, when establishing reparations, in addition to the other elements
ordered in favor of the Kaliña and Lokono peoples,15 the Court ordered Suriname, as a
guarantee of non-repetion, to:16
13
Cf. Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and
Costs. Judgment of June 15, 2005. Series C No. 124, para. 86.5, and Case of the Saramaka People, supra,
paras. 173 and 174.
14
Cf. Paragraph 113 of the Judgment.
15
Cf. Paragraph 279 a) of the Judgment.
16
Cf. Paragraph 305 of the Judgment.
6
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