46 In the context of creating protected areas, the Inter-American Court has established that, in order to guarantee the right to property of the indigenous peoples, States must ensure the effective participation of the members of affected indigenous communities in accordance with their customs and traditions, in any plan or decision that could affect their traditional lands and restrict the use and enjoyment of these lands, to ensure that such plans or decision do not negate their survival as indigenous people.256 With respect to prior acts that attempt against the rights of indigenous peoples, and in which no consultation or other safeguards were followed, the Court has stated that the State must review them in light of the Court’s jurisprudence in order to evaluate whether any changes are necessary in order to fully respect the rights of indigenous peoples.257 136. 137. The IACHR considers that it is precisely in order to harmonize respect for indigenous peoples’ rights and conservationist objectives that the State must undertake free, prior and informed consultations in which the effective participation of affected indigenous peoples, in accordance with their customs and traditions, is guaranteed. As expressed in the IUCN/WCPA/WWF Principles and Guidelines on Protected Areas and Indigenous/Traditional Peoples (“Principles and Guidelines”), cited by Suriname in this case, “[a]greements between representatives of the respective communities and conservation agencies for the establishment and management of protected areas should contribute to securing indigenous and other traditional peoples’ rights, including the right to the full and effective protection of their areas, resources and communities.”258 138. The United Nations Declaration on the Rights of Indigenous People, for which Suriname voted in favor, provides that “Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources.”259 Moreover, the UN Special Rapporteur on the Rights of Indigenous Peoples has stated that the “establishment of protected areas such as national parks and nature reserves often involves eviction of indigenous people from large tracts of indigenous lands, the collapse of traditional forms of land tenure, and their impoverishment, which has led to many social conflicts 256 I/A Court H.R., Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of August 24, 2010. Series C No. 214, para. 157. 257 See I/A Court H.R., Saramaka People. v. Suriname Case. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2007 Series C No. 172, para. 194(a): “With regards to the concessions already granted within traditional Saramaka territory, the State must review them, in light of the present Judgment and the Court’s jurisprudence, in order to evaluate whether a modification of the rights of the concessionaires is necessary in order to preserve the survival of the Saramaka people.” 258 World Commission on Protected Areas (WCPA), The World Conservation Union (IUCN), World Wildlife Fund, Principles and Guidelines on Protected Areas and Indigenous/Traditional Peoples, Guideline 2.1. With respect to situations in which the rights of indigenous peoples are not yet recognized by law, the Principles and Guidelines state: In cases where indigenous and other traditional peoples’ rights within protected areas are not yet recognised by a government, and until the process leading towards such recognition is completed, the concerned communities should still be guaranteed access to the resources existing in their terrestrial, coastal/marine and freshwater areas, insofar as they are necessary for their livelihoods. Any access restrictions should be agreed on with the communities concerned, and appropriate compensation should be given in cases where such restrictions are considered necessary by all parties, to ensure appropriate conservation of the resources contained within the protected area.” Guideline 2.5. 259 United Nations Declaration on the Rights of Indigenous Peoples, GA Res. 61/295 annex, UN Doc A/RES/61/295, 2 October 2007, Article 29.