sound judicial discretion and insofar as they comply with the specific purpose of the
information.29
V
FACTS
28.
In this chapter, the Court will establish the facts of this case, based on the factual
framework submitted to the Court’s consideration by the Commission, taking into account the body
of evidence in the case and the arguments of the representatives and the State. These facts will be
described in the following sections: (1) the Kaliña and Lokono peoples; (2) Maroon settlements in
the territory claimed as ancestral by the Kaliña and Lokono peoples; (3) the indigenous peoples
under the Suriname legal system; (4) the steps taken by the indigenous peoples to obtain
recognition of their rights; (5) the creation of the nature reserves, and (6) the urban subdivision
project known as "Tuinstad Albina" (“Garden City Albina”). Any facts that took place prior to
Suriname’s ratification of the contentious jurisdiction of the Court (on November 12, 1987) will
only be referred to as part of the background to the case submitted to the Court.
A. The Kaliña and Lokono peoples
29.
The area of the Lower Marowijne River, located in the extreme northeast of Suriname,
which borders on French Guiana, has been territory used and occupied ancestrally by indigenous
peoples, particularly of the Kaliña and Lokono peoples.30 The Kaliña and Lokono peoples are two
of the four indigenous peoples with the largest population in Suriname, and are known as the
“Lower Marowijne Peoples.”31
30.
The Kaliña and Lokono communities consist of eight villages that are parties to this case;
of these six are Kaliña and two are Lokono. The villages of the Kaliña people are
Christiaankondre, Langamankondre, Pierrekondre, Bigiston, Erowarte and Tapuku; while the two
villages of the Lokono people are Marijkedorp (or Wan Shi Sha) and Alfonsdorp.32 According to
the oral history of the elders, the main area inhabited by the Kaliña was along the coast and on
the banks of the Marowijne River, while the Lokono tended to set up their villages in the interior,
alongside streams or creeks.33 The representatives indicated that the ancestral territory of the
Kaliña and Lokono peoples covered around 133,945 hectares (hereinafter “ha”).
31.
Regarding the population, according to domestic records, in 2005, the eight communities
consisted of around 2,026 persons distributed as follows: 800 between Christiaankondre and
Langamankondre; 125 in Erowarte; 129 in Tapuku; 150 in Pierrekondre; 287 in Marijkedorp
29
Cf. Case of the Garífuna Community of Punta Piedra and its members, supra, para. 80.
30
Cf. The historical use and occupation by Indigenous peoples and communities of the Lower Marowijne River region
of Suriname, dated June 25, 2006, prepared by Caroline de Jong (evidence file, folio 5); 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, dated February 17, 2006, prepared by Henry Zaalman, Georgette Kumanajare, Louis
Biswane, Grace Watamaleo, Michael Barend, Sylvia Oeloekanamoe, Steven Majarawai, Harold Galgren, Ellen-Rose
Kambel and Caroline de Jong (evidence file, folio 40), and Affidavit made by Captain Grace Watamaleo on January 27,
2015 (merits file, folio 448).
31
Cf. International Work Group for Indigenous Affairs (IWGIA), The Indigenous World 2012: Suriname (evidence
file, folio 13).
32
Cf. Traditional use and management of the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file,
folio 40), and The historical use and occupation by indigenous peoples and communities of the Lower Marowijne River
region of Suriname, supra (evidence file, folio 5).
33
Cf. Traditional use and management of the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file,
folio 40).
13