11
obtain the permission of the village leader, who then follows traditional consultation practices
within the affected village.30 As for natural resources, the Kaliña and Lokono own them collectively
according to their customary law, but a person or persons may acquire individual ownership of
specific resources through their labor or inheritance.31 For instance, timber is collectively owned,
but a log becomes the property of the person who cuts it down.32 Kaliña and Lokono customary law
also provides that a hunter must not hunt young animals and must not hunt more game than he is
able to carry with him.33
B.
Indigenous Peoples under Surinamese Law
Surinamese law does not recognize the possibility for the Kaliña and Lokono
indigenous peoples to be constituted as legal persons, and thus they are not legally capable of
holding collective rights under domestic law.34 Surinamese law does not recognize indigenous
peoples or communities’ collective property right to formally own lands, such as the Kaliña and
Lokono Peoples. Additionally, traditional indigenous forms of land tenure are not classified as
property under the 1987 Surinamese Constitution or domestic laws.35
39.
40.
Article 41 of Suriname’s 1987 Constitution provides that “[n]atural riches and
resources are property of the nation (…).”36 The Constitution does not recognize the rights of
indigenous peoples or their communities to their lands, but rather considers indigenous peoples
permissive occupiers of State-owned land.37 Similarly, Surinamese domestic land policy does not
provide a mechanism for regularizing and securing indigenous peoples’ collective property rights.38
In connection with this legal framework, the Surinamese judiciary generally follows the principles
30
Annex 6. Petition, paras. 44-45. Annex 5. Submission of the petitioners, May 28, 2008, Annex E, “Traditional use and
management of the Lower Marowijne area by the Kaliña and Lokono: A Surinamese case study in the context of article 10(c) of
the Convention on Biological Diversity”, February 17, 2006, p. 93.
31
Annex 6. Petition, paras. 46-47. Annex 5. Submission of the petitioners, May 28, 2008, Annex E, “Traditional use and
management of the Lower Marowijne area by the Kaliña and Lokono: A Surinamese case study in the context of article 10(c) of
the Convention on Biological Diversity”, February 17, 2006, pp. 93-94.
32
Annex 6. Petition, para. 46.
33
Annex 5. Submission of the petitioners, May 28, 2008, Annex E, “Traditional use and management of the Lower
Marowijne area by the Kaliña and Lokono: A Surinamese case study in the context of article 10(c) of the Convention on
Biological Diversity”, February 17, 2006, pp. 94-95.
34
Annex 6. Petition, para. 196-97; Submission of Suriname, September 12, 2008, pp. 4-5.
35
Annex 6. Petition, paras. 50, 52; Submission of Suriname, March 22, 2008, p. 1; Submission of Suriname, September
12, 2008, pp. 4-5.
36
Annex 10. Constitution of the
http://www.constitution.org/cons/suriname.htm.
Republic
of
Suriname,
1987,
37
Article
41,
available
at:
See Annex 10. Constitution of the Republic of Suriname, 1987, Article 34 (1. Property, both of the community and
of private persons, shall fulfill a social function. Everyone has the right to the undisturbed enjoyment of his property, subject to
the limitations which originate in the law. 2. Expropriation shall take place only in the general interest, pursuant to rules to be
laid down by law and against compensation guaranteed in advance. … ). See also I/A Court H.R., Case of the Saramaka People v.
Suriname. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 28, 2007. Series C No. 172, para. 108
38
Annex 6. Petition, para. 53; Submission of Suriname, September 12, 2008, pp. 4-5.