12 that a grant of a real title supersedes a de facto right that may be asserted by indigenous peoples, even if the grant is within the residential area of an indigenous village.39 C. Actions by the Kaliña and Lokono Peoples to Seek Legal Recognition 41. The Lower Marowijne indigenous peoples have sought recognition of their rights for many years. These efforts began before Suriname obtained its independence from the Netherlands, as various indigenous peoples made various submissions to the Suriname Independence Commission in 1972 seeking to obtain greater recognition of their rights after independence.40 These demands were not acknowledged in the Independence Commission’s report and the issue of indigenous peoples’ land and resource rights was not addressed in the 1975 Suriname-Netherlands Independence Agreement.41 42. The Lower Marowijne indigenous peoples have also undertaken a number of concrete steps, to the extent allowed by Surinamese domestic law, to attempt to obtain formal recognition of their rights. Specifically, given the lack of specific recourses to address indigenous peoples’ land issues, they have filed petitions under Article 22(1) of the Constitution of Suriname, which provides that “[e]veryone has the right to submit written petitions to the competent authority.” Under this provision, the Lower Marowijne Peoples have submitted three petitions to State officials requesting the State to negotiate a settlement that recognizes and secures the Lower Marowijne indigenous peoples’ rights.42 The three petitions were submitted on January 12, 2003, March 22, 2004, and September 25, 2005, respectively.43 The State did not formally respond to any of the petitions.44 43. The Lower Marowijne Peoples have also held meetings with government officials to seek recognition of their rights. They met with the Ministers responsible for Regional Development and Natural Resources on three occasions: once in 2002 (in which they presented a map of their territory) and twice in 2003.45 Since these meetings, the petitioners have not heard further from these State officials.46 39 Annex 6. Petition, para. 57. See also, L-1 Decree of 1982, which states that “(1) When domain land [i.e., land owned by the State by virtue of its Constitution] is allocated, the rights of tribal Bushnegroes [Maroons] and Indians to their villages, settlements and agricultural plots are respected, provided that this is not contrary to the general interest. …“ However, these are only “de facto rights”, as opposed to legal rights, which limits the rights of maroons and indigenous peoples to enjoy their ancestral lands. See 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. 40 Annex 6. Petition, para. 59. 41 Annex 6. Petition, para. 59. 42 Annex 6. Petition, para. 33. 43 Annex 11. Petition, para. 33, Annex C1, Letter of complaint filed by petitioners to the Commission of Land Rights, December 2004, and Annex 12. Petition, Annex C2, Request filed by petitioners to The Minister of Spatial Planning, land and Forest Policy, May 22, 2006; see also Annex 13. Submission of petitioners, May 29, 2008, Annex A, Petition filed by petitioners pursuant to Article 22 of the Constitution of Suriname, October 7, 2007. 44 Annex 6. Petition, para. 34. 45 Annex 14. Petition, paras. 34-35. Annex D to Petition, Maps of the Lower Marowijne River, indicating location of the eight Kaliña and Lokono villages and the Nature Reserves. 46 Annex 6. Petition, para. 35.