and tribal communities, but did not recognize such communities as legal entities or establish
collective rights to property.142
107. Subsequently, in the case of the Saramaka People v. Suriname, the Court noted that
other communities in Suriname had been denied their rights owing to lack of legal standing and
considered that “the right that the State recognize their juridical personality is one of the special
measures that should be granted to the indigenous and tribal groups in order to ensure that they
may enjoy their territories according to their traditions. This is the natural consequence of the
recognition of the right of the members of the indigenous and tribal groups to enjoy certain
rights collectively.”143 Thus, the Court found that this recognition could be achieved by adopting
legislative or other measures that recognized and took into account the specific way in which a
tribal people sees itself as able to exercise and to enjoy the right to property collectively.
Consequently, the State should establish the necessary legal and administrative conditions to
ensure the possibility of recognition of their juridical personality, by means of consultations, fully
respecting their customs and traditions, and in order to ensure them the use and enjoyment of
their territory in accordance with their system of communal ownership, as well as the right of
access to justice and equality before the law. 144
108. Thus, the Court indicated that although “the recognition of [the] juridical personality of
the individual members of the community was necessary for the enjoyment of other rights, such
as the right to life and to personal integrity, this individual recognition did not take into account
the way in which the members of the indigenous and tribal peoples in general, and […] in
particular, enjoy and exercise one right in particular; namely, the right to use and enjoy property
collectively in accordance with their ancestral traditions.”145
109. Nevertheless, “the recognition of juridical personality is one way, although not the only
way, to ensure that the community as a whole may enjoy and exercise fully the right to
property, in accordance with their system of communal ownership, as well as the right to equal
judicial protection against any violation of this right.”146
110. The Court also notes that, in the 1992 Lelydorp Peace Accord, the State undertook to
create legal mechanisms to protect the lands of the indigenous and tribal peoples (supra, para.
51).
111. Meanwhile, this Court takes note of the observations made by various international
agencies, such as: the Committee for the Elimination of Racial Discrimination of the United
Nations147 (hereinafter “UN”), the UN Human Rights Committee148 and also the UN Special
142
Cf. Case of the Moiwana Community, supra, para. 86.5.
143
Case of the Saramaka People, supra, para. 172.
144
Cf. Case of the Saramaka People, supra, para. 174.
145
Cf. Case of the Saramaka People, supra, para. 168.
146
Cf. Case of the Saramaka People, supra, para. 171.
147
Cf. International Convention on the Elimination of All Forms of Racial Discrimination (CERD), Consideration of
reports submitted by States Parties under Article 9 of the Convention, Concluding observations on Suriname (sixty-fourth
session,
2004),
UN
Doc.
CERD/C/64/CO/9,
28
April
2004,
para.
11.
Available
at:
http://tbinternet.ohchr.org/layouts/treatybody
external/Download.aspx?symbolno=CERD%2FC%2F64%2FCO%2F9&Lang=en.
148
Cf. Human Rights Committee, Consideration of reports submitted by States Parties under Article 40 of the
Covenant, Concluding observations on Suriname (eightieth session, 2004), UN Doc. CCPR/CO/80/SUR, 4 May 2004, para.
21.
Available
at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2FCO%2F80%2FSUR&Lang=e
n.
30