Hence, this Court considers the Kaliña and Lokono peoples and their members to be the injured
party.
B. Restitution
274. The Commission asked that the Kaliña and Lokono peoples be recognized as legal
persons. Also that, following effective and fully informed consultations with the Kaliña and
Lokono peoples and respecting their customary law, the State take steps to: (i) delimit,
demarcate and grant collective title to the Kaliña and Lokono peoples over the lands and
territories they have traditionally occupied and used; (ii) review the land titles, transfer rights,
and short- and long-term leases granted to non-indigenous persons, and determine the
modifications that are required; (iii) review the terms of the mining activities authorized inside
the Wane Kreek Nature Reserve, and (iv) review the terms of the establishment and
management of the nature reserves in order to ensure that they do not obstruct the full use and
enjoyment of the lands of the peoples, and remove the status of “nature reserve” or, to the
contrary, retain this, but under a model of co-management with the peoples, all of this following
the corresponding consultation.
275. The Commission also asked the Court, with regard to the mining concessions, to order the
State to refrain from any act by the State or by private third parties that might affect the
enjoyment of the Kaliña and Lokono peoples, such as concessions, development or investment
projects, or indiscriminate logging that does not comply with the applicable international
standards. Also, in its final observations, the Commission specified that the measures of
reparation should be complied with within a specific time frame. To the contrary, as ordered by
the Court in the case of the Xákmok Kásek, the State must pay compensation for noncompliance with the established time frame.
276. Meanwhile, the representatives asked that the Court order the State to adopt any
legislative, administrative, and any other measures as may be required to: (i) recognize and
secure the right of the Kaliña and Lokono peoples to juridical personality with the purpose of
ensuring the full exercise and enjoyment of their right to communal property; (ii) create an
effective mechanism for the delimitation, demarcation and titling of the Kaliña and Lokono
peoples’ traditionally owned territory and their traditionally used natural resources, in accordance
with their customary law, values, customs and mores and with full respect for the boundaries
traditionally acknowledged by these peoples and their neighbors, the N'djuka tribal peoples, with
the collaboration of the victims and within 18 months. They also asked that, until this process
has been completed, Suriname abstain from any act that would affect their territory, unless the
State obtains the free, prior and informed consent; (iii) restitute the lands that are in the hands
of third parties; (iv) restitute to the victims the lands incorporated into the protected areas and
that form part of the territories of the Kaliña and Lokono peoples, recognizing their property
rights and associated rights over those lands, and also require the State to negotiate with the
representatives, freely chosen by the victims, the possible maintenance of the protected areas,
ecosystem and species management plans, and equitable benefit-sharing mechanisms; (v)
review and, when appropriate, revoke logging and oil palm concessions within the territory of the
Kaliña and Lokono peoples, with the effective participation of the victims, and (vi) guarantee the
prior and informed consultation and the effective participation in activities that may affect the
Kaliña and Lokono peoples or their territories, and also share, reasonably, the benefits of any
development project executed in their territory.
277. The State did not comment on the claims of the Commission and the representatives
concerning measures of restitution in its answering brief. However, in its final arguments, the
State asserted the following with regard to the requests of the parties and the Commission: (i)
the delimitation, titling and demarcation involved a series of difficulties that, in principle, would
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