argued that the area, which constituted the suburbs of Albina, was not inhabited by the Lower
Marowijne Indigenous Peoples when the land was subdivided, or during the years that preceded
the start-up of these activities, and indicated that the town of Albina, the capital of the district of
Marowijne, had been a nucleus of social, economic and cultural activities in the Lower Marowijne
region for centuries. It also indicated that although the Kaliña and Lokono peoples had taken part
in these activities, they did not consider Albina to be part of their ancestral territory over which
they could claim ownership rights. In this regard, the State indicated that these peoples never
protested against the project, because the site on which it was carried out was not part of the
land with which they had a special relationship. In addition, the State declared that part of the
villages claimed, in which the indigenous peoples live, are shared with members of Maroon
tribes.153 During the visit, it added that the area claimed includes around 18 communities in
which Maroons reside (supra para. 41).
120. Regarding the nature reserves, the State affirmed that they had been established to
advance nature conservation efforts and that they responded to a higher interest that prevailed
over the property rights of the Kaliña and Lokono peoples. It also argued that it had never
restricted access or use of resources within the reserves to these peoples, and it had encouraged
their participation in the management of the reserves. 154 However, the State explained that it
opposed the indigenous peoples managing the “nature reserves on their own.” The State also
argued that the restitution of the lands that are now part of the reserves would pose a threat to
its obligations towards its citizens and could jeopardize the balance of a system that had proved
able to keep the peace, owing to the legal, social, economic, ethnic and racial implications that
this restitution could signify. Similarly, the State affirmed that it was unable to share the
management of the natural resources, because if all indigenous and Maroon peoples claimed
control over such resources in their ancestral territories, it would be disastrous for Suriname’s
economy.155
121. Regarding the bauxite mining concessions, the State affirmed that the indigenous peoples
did not live in or near the mining area and that the distance between this and the nearest
indigenous village (Alfonsdorp) was approximately 6.3 km. The State also indicated that,
currently, there were no exploration or exploitation activities in the area; however, Suralco
intended to reinitiate exploration activities, and an exploration team would be collecting bauxite
samples from the area. Similarly, the State argued that the mining activities had had no harmful
effects on the community and that, in any case, the alleged victims had been compensated for
any possible damage that they might have been caused by the mining concessions, because they
had benefited from the possibility of using the road that existed for their logging activities and to
transport timber.
153
The State argued that the land claimed by the Kaliña and Lokono peoples is under the jurisdiction of three
administrations: Galibi, Albina and Patamacca. Galibi comprises 677 indigenous persons and 5 Maroons; Albina 915
indigenous persons and 3,082 Maroons, and Patamacca, to the south of Marowijne District, comprises 412 Maroons, but
has no records of indigenous peoples living in the area (merits file, folio 583).
154
The State argued that the indigenous people may make free use of the resources in the three nature reserves in
the Lower Marowijne area, because the restrictions in force for the other Surinamese inhabitants, such as official fishing
and hunting licenses, do not apply to them (merits file, folio 587). It also affirmed that the State had given priority to the
participation of the members of the Kaliña and Lokono peoples in the management of the reserves in the Lower
Marowijne region, respecting and including their traditional knowledge. As an example, the State mentioned the
promotion of activities such as tourism in the Galibi Nature Reserve, where members of the Kaliña and Lokono peoples
were hired on a full-time basis or seasonally to help monitor the sea turtles. In addition, the State affirmed that it rents
boats and lodges from the local community (merits file, folio 588). Cf. Affidavit made by Claudine Sakimin on January 27,
2015 (merits file, folios 479 and 480).
155
The State emphasized that 85% of the economy was dependent on natural resources; thus State control was
required because it was a matter of national security (merits file, folio 604).
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