process, and (e) the absence of adequate and effective remedies to secure access to collective justice to the indigenous and tribal peoples (supra paras. 114, 142, 160, 230 and 268). 305. Consequently, taking into account the obligations arising from Article 2 of the Convention, the Court establishes that the State shall adopt all the necessary legislative, administrative or other measures to: a) Grant the indigenous and tribal peoples in Suriname legal recognition of collective juridical personality in order to ensure them the exercise and full enjoyment of their right to property in accordance with their customs and traditions, as established in paragraphs 105 to 114. The State must comply with the measures of reparation with two years of notification of this Judgment, at the latest; b) Establish an effective mechanism for the delimitation, demarcation and titling of the territories of the indigenous and tribal peoples in Suriname. The State must adopt these measures with the effective participation of these peoples, in accordance with their customary law, values, practices and customs,339 and also in light of the standards established in this Judgment (supra paras. 129 to 142), within three years of its notification, at the latest; c) Adapt its domestic remedies in order to ensure effective collective access to justice for the indigenous and tribal peoples, and also to ensure access to the necessary information to exercise this right. To this end, the State must apply and interpret such remedies taking into account the standards for indigenous matters mentioned in paragraph 251 of this decision, within no more than two years of notification of this Judgment, and d) Guarantee: (i) the effective participation, by means of a consultation process, of the indigenous and tribal peoples of Suriname, according to their traditions and customs, in any project, investment, nature reserve or activity that could have an impact on their territory; (ii) the preparation of social and environmental impact assessments by independent and technically-qualified entities, prior to agreement to any investment or development project within the traditional territory of the indigenous and tribal peoples, and (iii) the sharing of benefits resulting from such projects with the indigenous and tribal peoples, as appropriate (supra para. 201). All of this, in keeping with the standards indicated in this Judgment340 (supra paras. 201 to 229) and within no more than two years of notification of the Judgment. 306. In addition, the Commission and the representatives asked, in general, for the review and amendment of the domestic legislation on mining, logging, hunting, and on any other matter that could be contrary to the rights of the indigenous peoples, without stipulating clearing the laws or the respective articles, or how this would be contrary to the said rights. Accordingly, and since no particular violation has been proved in the merits section of this Judgment, these requests have no causal nexus, and therefore it is not in order to adopt a measure of reparation. 339 Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 164, and Case of the Kuna indigenous peoples of Madungandí and the Emberá Indigenous Peoples of Bayano and their members, supra, para. 232. 340 Cf. Case of the Saramaka People, supra, para. 194 d) and e) and Case of the Kichwa Indigenous People of Sarayaku, supra, paras. 299 and 300. 78

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos