98. The land for which titles have been issued to third parties has been used mainly for the construction of vacation homes, which are located very near the homes of the members of the indigenous communities, and the Court was able to verify this during the on-site procedure.137 In this regard, the vacation homes have restricted the direct access of the indigenous peoples to certain parts of the Marowijne River, which adjoin their villages. This situation has been particularly difficult because the local indigenous peoples have a strong spiritual relationship with the Marowijne River, which is an essential element in their cultural identity and traditions. 138 Also, the members of the communities use the river to moor their boats, and for fishing, bathing, and washing their clothes.139 99. In addition to the construction of vacation homes, in 2008, an attempt was made to build an aircraft hangar in Marijkedorp (Wan Shi Sha), and, currently, a hotel/casino is being built, which the Court observed during the on-site procedure. In addition, in 2007, a lot was cleared in Pierrekondre in order to build a gas station and a shopping mall.140 Based on the foregoing, the members of the indigenous communities are faced with persistent legal uncertainty because they could be expelled from the land on which they are presently living.141 VI MERITS 100. Based on the rights of the Convention argued in this case, the Court will make the following analysis: (1) Right to juridical personality in relation to Articles 21, 25, 1(1) and 2 of the American Convention; (2) Right to collective property and the Right to participate in public affairs in relation to Articles 1(1) and 2 of the American Convention, and (3) Right to judicial protection in relation to Articles 1(1), 2 and 13 of the American Convention. It should be noted that, pursuant to the Court’s case law, the references made to standards concerning the rights of indigenous peoples are also applicable to tribal peoples. VI-I RIGHT TO RECOGNITION OF JURIDICAL PERSONALITY (ARTICLE 3) IN RELATION TO ARTICLES 1(1), 2, 21 AND 25 OF THE AMERICAN CONVENTION ON HUMAN RIGHTS A. Arguments of the Commission and of the parties 101. The Commission concluded that Suriname had violated the right of the Kaliña and Lokono peoples to recognition of their juridical personality based on Article 3 of the American Convention, in relation to Articles 1(1) and 2 of this instrument, because, as in the case of the 137 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 444); Testimony of Captain Jona Gunther during the public hearing held in this case on February 3, 2015, and Statement made on August 19, 2015, during the on-site procedure, by Louis Biswane, Assistant of the Captain of Pierrekondre (merits file, folio 973). 138 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 444), and statements made on August 19, 2015, during the on-site procedure by Harold Malbons, Assistant of the Captain of Tapuku, Louis Biswane, Assistant of the Captain of Pierrekondre, and Leni Landveld, Marijkedorp elder (merits file, folio 973). 139 Cf. Traditional use and management of the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file, folio 141). 140 Cf. Communication dated May 22, 2006 (evidence file, folio 329); Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 444); Testimony of Captain Jona Gunther during the public hearing held in this case on February 3, 2015; Affidavit made by Max Sabajo on September 25, 2008 (merits file, folio 160); Affidavit made by Loreen Jubitana on January 27, 2015 (merits file, folio 428); and Statement made on August 19, 2015, during the on-site procedure, by Leni Landveld, Marijkedorp elder (merits file, folio 973). 141 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 445); Testimony of Captain Jona Gunther during the public hearing held in this case on February 3, 2015; Affidavit made by Max Sabajo on September 25, 2008 (merits file, folio 160). 28