over time and in keeping with all the applicable criteria, and the Dialogue Commission is inactive
(supra paras. 79 and 183). In this regard, the representatives insisted that the law applicable to
the Galibi Nature Reserve was the 1954 Act, which expressly prohibited hunting and fishing
within the reserve.
194. The Court has verified that the 1954 Nature Protection Act prohibited hunting and fishing
in the reserves. However, the 1986 Order recognized the protection of the indigenous and tribal
peoples who live in certain nature reserves (supra para. 83) without referring expressly to the
Galibi Nature Reserve. Nevertheless, the State made a brief reference to the fact that, with the
implementation of the 1986 Order, the same protection had been applied in general for all the
nature reserves. Nevertheless, this has not been substantiated by any evidence before the Court
or during the on-site procedure. This reveals a situation of lack of legal certainty as regards the
rights recognized in the said reserve.
195. Also, with regard to the Wane Kreek Nature Reserve, the State has not proved that it has
effective mechanisms for the participation of the Kaliña and Lokono peoples (infra para. 200);
rather, the State created the reserve without the participation of the neighboring Kaliña and
Lokono communities.
196. In this regard, the Court recalls that Article 23 of the American Convention establishes
that everyone must enjoy the rights and opportunities “to take part in the conduct of public affairs
[…].” In this sense, the participation of the indigenous communities in the conservation of the
environment is not only a matter of public interest, but also part of the exercise of their right as
indigenous peoples “to participate in decision-making in matters which would affect their rights,
[…] in accordance with their own procedures and […] institutions”235 (supra paras. 178 and 180).
197. Based on the above, the Court finds that, for the effects of this case, no violation has
been constituted by the lack of exclusive management and monitoring of the nature reserves by
the indigenous peoples. However, the absence of explicit mechanisms that guarantee the access,
use and effective participation of the Kaliña and Lokono indigenous peoples in the conservation
of the said nature reserves and the benefits these reserves yield constitutes a violation of the
obligation to adopt the necessary provisions to make such measures effective in order to ensure
the rights to collective property, to cultural identity, and to political rights, to the detriment of
the Kaliña and Lokono peoples.
iv)
Conclusion on the restrictions in the nature reserves
198. In sum, the Court finds that the State has violated the victims’ rights to collective
property, cultural identity and participation in public matters, mainly by preventing their effective
participation, and the access to part of their traditional territory and natural resources, in the
Galibi and Wane Kreek nature reserves, as well as by failing to guarantee, effectively, the
traditional territory of the communities that has been affected by the environmental degradation
within the Wane Kreek Nature Reserve (infra paras. 217 to 222), which constitutes a violation of
Articles 21, 2 and 23 of the American Convention, in relation to Article 1(1) thereof, to the
detriment of the Kaliña and Lokono peoples and their members.
235
Cf. Article 18 of the United Nations Declaration on the Rights of Indigenous Peoples, supra.
52
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