141. Notwithstanding the above, since it is the State’s obligation to delimit the traditional territories,179 the State must, following a consultation process and using the necessary administrative and legal measures in keeping with the relevant international standards, first delimit the territories that correspond to the Kaliña and Lokono peoples, in accordance with paragraph 139 of this Judgment, and then proceed to demarcate and title them, guaranteeing their use and enjoyment. To this end, the State must also respect the rights of the tribal peoples or their members in the area. Thus, the State must, in agreement with the indigenous and Maroon communities, draw up rules for peaceful and harmonious coexistence in the territory in question.180 142. Based on the above, the State’s failure to delimit, demarcate and grant title to the territories of the Kaliña and Lokono peoples has violated the right to collective property, recognized in Article 21 of the American Convention, and the obligation to adopt domestic legal provisions established in Article 2 of this instrument, to the detriment of these peoples. B.2.2 The right to request the restitution of the territory, because individual titles have been granted to non-indigenous and non-tribal third parties 143. In this section, the Court will examine the alleged effects arising from the granting of titles to third parties in the territory that the Kaliña and Lokono peoples claim is theirs traditionally and, on this basis, will determine whether they have the right to claim its restitution. To this end, the Court will consider the existence of such titles, the ownership of the land claimed, the validity of the claim, and will also weigh the right to private property against the right to collective property. 144. The Court has verified that, traditionally, several Kaliña villages and the Lokono village of Marijkedorp (Wan Shi Sha) are located on the banks of the Marowijne River, as indicated in the oral history told by the elders.181 According to different statements (supra paras. 30 and 33), the Kaliña and Lokono peoples have maintained a strong physical and spiritual relationship with the river, and are recognized in Suriname as the “Lower Marowijne Peoples” (supra para. 29). 145. In addition, the Court has established that it is an undisputed fact that, in 1975, the State initiated an urban subdivision project called “Tuinstad Albina” (Garden City Albina) parallel to the Marowijne River, near the villages of Erowarte, Tapuku, Pierrekondre and Marijkedorp (Wan Shi Sha), and that some of the lots were granted to non-indigenous persons, by the issue of freehold titles, and leasehold titles and long-term leases until at least 2013, over part of the traditional lands of the Kaliña and Lokono peoples (supra paras. 96 to 98). 146. Even though the Court does not have precise information on the number, location, area and date of issue of the property titles or leases, the helpful information submitted by the State reveals, at least, the existence of several titles registered in the Suriname Domains Office, all of them located within the Tuinstad Albina project (supra para. 27). Some of them refer to private property, and others to short- and long-term leases granted to private individuals on lands 179 Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 153, and Case of the Kuna Indigenous Community of Madungandí and the Emberá Indigenous Community of Bayano and their members, supra, para. 119. 180 Cf. Case of the Garífuna Community of Punta Piedra and its members, supra, para. 326. 181 Cf. Traditional use and management of the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file, folio 40). In addition, Grace Watamaleo indicated that her village, Wan Shi Sha, was located on the left bank of the Marowijne River, between Albina and the indigenous village of Pierrekondre. Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 442). 39