166. Regarding the alleged violation owing to the persistence of the nature reserves to date,
the Court specifies that, owing to its lack of jurisdiction to examine their creation, it is prevented
from examining aspects related to the process that led to the technical determination of the
dimensions, limits, and areas established as nature reserves. Furthermore, the violations that
have been verified owing to the failure to recognize the property of the Kaliña and Lokono
peoples, as well as the failure to delimit their territory, do not allow this Court to know the
precise dimension of their traditional territory that is within these reserves, and which has
already resulted in the violation of the right to collective property (supra para. 142).
Consequently, the Court does not have any reliable evidence concerning the total area of the
nature reserves claimed, which could correspond to the traditional territory possessed, occupied
and used; in particular by the villages that adjoin the reserves, namely: Christaankondre and
Langamankondre, with a population of around 1,000 persons, and Alfonsdorp with around 300
persons.
167. However, the Court has verified that, mainly in the Galibi and Wane Kreek nature
reserves, there has been a continuous relationship between the Kaliña and Lokono peoples and
certain areas that they use for their way of life; for example, hunting, fishing, gathering
traditional medicinal plants, cultural centers, and sacred sites (supra paras. 37 and 84). In
particular, at least six sacred sites were indicated within the Galibi Nature Reserve and three
within the Wane Kreek Nature Reserve (supra para. 37). The Court has no information related to
the traditional use and relationship with the Wia Wia Nature Reserve; hence, it will not rule in
that regard.
168. Based on the above, in light of the Court’s case law, the Kaliña and Lokono peoples have
the right to claim, under domestic law, the possible restitution of the parts of their traditional
territory within the nature reserves that adjoin the territory that they currently possess and, in
this regard, the State must assess the rights involved (supra paras. 155 and 165). In this case,
the State must weigh the collective rights of the Kaliña and Lokono peoples against the
protection of the environment as part of the public interest. Consequently, it must determine this
when implementing the delimitation, demarcation and titling of the corresponding traditional
territories (supra para. 139).
B.3.2 Alleged restrictions for the indigenous peoples in the nature
reserves
169. First, the Court takes note of the Suriname State’s commitment to, and interest in,
environmental protection as revealed by the creation of several nature reserves within its
territory, and the measures taken to maintain them. However, according to the representatives
and the Commission, the State has restricted the rights of the Kaliña and Lokono peoples within
the reserves in order to protect the natural resources and wildlife within them.
170. In this regard, given the existence of the reserves, the Court will assess
alleged restrictions imposed on the indigenous peoples were proportionate, in
relevant standards. To this end, it will analyze: (a) the compatibility of the
indigenous peoples with the protection of the environment, and (b) the restrictions
their application to this case.
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B.3.2.1 Compatibility of the rights of the indigenous peoples and the
protection of the environment
171. Regarding environmental protection as a justification for public interest, in the Salvador
Chiriboga case, the Court established that, in a democratic society, the protection of the
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