53
161.
In this case, Suriname has not provided information that it has enacted laws or
legislation to address the problems found by the Inter-American Court in Saramaka in connection
with the State’s compliance with Article 25 of the American Convention. In its submission of
September 12, 2008, the State stated that the process of recognition of the rights of indigenous
peoples in Suriname is “only in early stages of development.” To the extent this statement was
intended to apply to the availability of adequate and effective judicial protections under Article 25,
the IACHR considers that sufficient time has passed, and Suriname has not demonstrated what
specific steps, if any, it has taken in this alleged process to provide judicial protections to the Kaliña
and Lokono Peoples.292 In addition, at the hearing held in connection with this case, the State cited a
number of laws, policies and procedures to support the proposition that the Kaliña and Lokono
have judicial protections under Surinamese legislation.293 However, the cited laws and measures
were the same that the Inter-American Court dismissed in Saramaka.
162.
For the foregoing reasons, the Inter-American Commission concludes that there are
no effective domestic judicial means available for the Kaliña and Lokono Peoples to assert their
rights, and, consequently, the State of Suriname has violated the right to judicial protection
established in Article 25 of the American Convention to the detriment of the Kaliña and Lokono
Peoples.
F.
The Right to Freedom of Thought and Expression
163.
Subsequent to the Report on Admissibility, the petitioners alleged that the State’s
failure to provide details regarding the precise dates when titles were issued to non-indigenous
persons violates Article 13 of the American Convention, which protects the right to freedom of
thought and expression. Specifically, they state that “this failure to make public information
available without providing any reason contravenes Article 13 of the American Convention.”294 The
State has not made any observations regarding this claim by the petitioners.
164.
Article 13 of the American Convention provides, in relevant part:
1.
Everyone has the right to freedom of thought and expression. This right
includes freedom to seek, receive, and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing, in print, in the form of
art, or through any other medium of one’s choice (….)
165.
Since the petitioners alleged a violation of Article 13 only after the adoption of the
Admissibility Report in this case, the IACHR has not received important information regarding the
admissibility of this specific alleged violation, including whether domestic remedies were
exhausted.295 In any event, as discussed above at paragraph 115, the Inter-American Commission
292
Cf. I/A Court H.R., Case of the Xákmok Kásek Indigenous Community. v. Paraguay. Merits, Reparations and Costs.
Judgment of August 24, 2010. Series C No. 214, para. 161.
293
IACHR, Hearing on the Merits, March 27, 2012, IACHR 144 Period of Sessions, Case 12.639 – Kaliña and Lokono
Peoples, Suriname.
294
Submission of petitioners, October 29, 2008, para. 31. In support of this allegation, the petitioners cited I/A Court
H.R., Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C No. 151.
295
Cf., I/A Court H.R., Case of Grande v. Argentina. Preliminary Objections and Merits. Judgment of August 31, 2011.
Series C No. 231, paras. 44-61.