they indicated that the laws of Suriname did not include recognition of their legal personality or
the obligation to consult them on situations that affected their lands and culture, and they
contested the creation of three nature reserves and the granting of mining concessions and
logging permits in their ancestral territory.75 The State did not respond to these petitions.76
66.
On January 31 and February 28, 2003, meetings were held with the Ministers of Regional
Development and of Natural Resources to discuss the concerns of the Kaliña and Lokono peoples,
but without reaching any specific agreements.77
67.
In December 2004, CLIM, on behalf of the Kaliña and Lokono peoples, submitted a note
to the State Lands Office requesting the suspension of the issue of titles in the area known as
“Tuinstad Albina” (infra paras. 96 to 99).78 In addition, on May 22, 2006, CLIM presented a note
to the Minister of Spatial Planning, Land and Forest Policy requesting the suspension of any
activity that might affect their ancestral territory while the claims that had been presented in this
regard were dealt with and decided.79 Neither of the notes obtained a response.
68.
On October 7, 2007, the captains of the eight Kaliña and Lokono villages submitted a
communication to the President of Suriname contesting the construction of a home, a filling
station, and a shopping mall in the community of Pierrekondre,80 without obtaining any answer
from the State.81
69.
On January 28, 2013, the captains of Marijkedorp (Wan Shi Sha), Pierrekondre, Tapuku
and Erowarte presented a communication to the President of the Republic protesting against the
construction of a casino in the community of Marijkedorp (Wan Shi Sha) without holding the
corresponding consultations with the indigenous peoples in the area. 82 However, the State did
not respond to this protest.
E. Creation of the nature reserves
70.
Three nature reserves were created within the territory that is in dispute in this case,
namely: (i) the Wia Wia Nature Reserve in 1966; (ii) the Galibi Nature Reserve in 1969, and (iii)
the Wane Kreek Nature Reserve in 1986.83 There is no dispute between the parties that the Wia
Wia Nature Reserve covers approximately 36,000 ha, the Galibi Nature Reserve, 4,000 ha, and
the Wane Kreek Nature Reserve, 45,000 ha.
71.
According to the representatives, approximately 10,800 ha of the Wia Wia Nature
Reserve, 4,000 ha of the Galibi Nature Reserve, and 45,000 ha of the Wane Kreek Nature
Reserve are located within the ancestral territory of the Kaliña and Lokono peoples. Thus,
75
Cf. Briefs of January 31, 2003 and March 22, 2004 (evidence file, folios 402 to 407).
76
Cf. Communication dated October 7, 2007 (evidence file, folio 332).
77
Cf. Communication dated October 7, 2007 (evidence file, folio 333).
78
Cf. Communication of December 2004 (evidence file, folio 326).
79
Cf. Communication dated May 22, 2006 (evidence file, folios 329 and 330).
80
Cf. Communication dated October 7, 2007 (evidence file, folio 332).
81
Cf. Statements made on August 19, 2015, during the on-site procedure by Louise Biswane, Assistant of the
Captain of Pierrekondre, and Leni Landveld, Marijkedorp (Wan Shi Sha) elder (merits file, folio 973).
82
Cf. Communication dated January 28, 2013 (merits file, folio 879).
83
Cf. Order of April 22, 1966, “Wia Wia Nature Protection Order” (evidence file, folio 2758); Order of May 23, 1969,
“Galibi Nature Protection Order”, (evidence file, folio 2764), and Order of August 26, 1986, “Wane Kreek Nature
Protection Order” (evidence file, folio 2746).
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