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.

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