unprotected. It also asserted that some of the third parties had obtained court rulings in favor of
their property rights, thus excluding the rights of the Kaliña and Lokono peoples. Regarding the
nature reserves, the Commission affirmed that there was no rational connection between the
protection of the environment and restrictions on the use and enjoyment of the territories and
resources by indigenous peoples, because the latter contributed to its protection. The
Commission also underlined the need to initiate a free and informed consultation with the
communities to discuss the possibility of eliminating the reserves or retaining them under a comanagement model that incorporated the full participation of the Kaliña and Lokono peoples.
With regard to the mining concessions, the Commission indicated that the State had not
consulted the communities affected when the mining operations were planned or commenced,
and had failed to include any type of protection for the indigenous peoples. Also, the concessions
had adversely affected activities in the traditional territory of the Kaliña and Lokono peoples by
contamination of resources, deforestation, and habitat destruction, which had result in the
decline of the wildlife they hunted.
117. The representatives agreed with the Commission that the State had not recognized or
guaranteed the right of the indigenous peoples to collective property. They also indicated that
Suriname’s acts and omissions were all the more egregious given the relationship between the
recognition, guarantee and protection of the right to property and the victims’ survival and wellbeing, as well as respect for other interrelated and interdependent rights. They added that, by
failing to recognize and secure the rights of the alleged victims to their territory, Suriname had
violated the right to property of the Kaliña and Lokono peoples, allocating areas of the lands to
third parties and issuing individual titles in four of the victims’ communities (Erowarte, Tapuku,
Pierrekondre and Marijkedorp [Wan Shi Sha]); establishing nature reserves in their territory, and
unilaterally granting concessions to exploit the natural resources.
118. In particular, the representatives argued that granting titles to non-indigenous third
parties, despite the objections of the community, violated the State’s obligation to ensure the
effective enjoyment of the right to property. Regarding the nature reserves, they added that it
was neither necessary nor proportionate to deny the indigenous peoples the right to property
and other rights within the reserves, because conservation objectives could be achieved using
less harmful means. Specifically, they affirmed that the State had, on the one hand, permitted
mining concessions in nature reserves while, on the other hand, it had justified the denial of the
alleged victims’ rights to hunt and fish. The representatives also indicated that the Kaliña and
Lokono peoples had not been consulted as regard the 1997 process to granting mining permits
that authorized mining activities. In addition, no environmental impact assessment had been
made before the start-up of these operations, and the Kaliña and Lokono peoples had not
benefited from, or otherwise been compensated for, the use of their territory for mining
activities. The representatives argued that, to the contrary, the mining and logging operations in
the traditional territory of the alleged victims took place without any meaningful regulation or
supervision by the State and prejudiced their traditional food sources, environment, and cultural
and spiritual values. Furthermore, the representatives indicated that the State had failed to
ensure that such activities would not cause significant damage to the traditional lands of the
victims or lead to severe environmental degradation.
119. The State indicated that, in about 1975, the Government had “initiated a project called
“Tuinstad Albina,” to parcel out an area in the vicinity of the villages of Erowarte, Tapuku,
Pierrekondre and Marijkedorp (Wan Shi Sha), in which titles of ownership, long-term lease and
leasehold were granted to a number of non-indigenous and indigenous individuals.”152 The State
152
According to the State, the public records show that, indeed, titles for a limited number of parcels were issued to
non-indigenous persons, but also to indigenous persons such as Cornelis Pierre who requested and obtained a long-term
lease on two lots in Erowarte, Tuinstad Albina.
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