54
has found that the State’s failure to provide this information constitutes a violation of the Kaliña
and Lokono Peoples’ property rights protected by Article 21 of the American Convention.
166.
For these reasons, the IACHR concludes that it does not have sufficient information
to find that Suriname has violated Article 13 of the American Convention to the detriment of the
Kaliña and Lokono Peoples.
VI.
CONCLUSIONS
167.
Based on the foregoing analysis, the Inter-American Commission on Human Rights
concludes that:
1.
The State of Suriname violated the right to juridical personality of the Kaliña and
Lokono Peoples enshrined in Article 3 of the American Convention, in connection with Articles 1.1
and 2 of the same instrument, by failing to recognize their legal personality.
2.
The State of Suriname violated the right to property established in Article 21 of the
American Convention, in connection with Articles 1.1 and 2 of the Convention, to the detriment of
the Kaliña and Lokono Peoples by not adopting effective measures to recognize their collective
property right to the lands, territories and natural resources they have traditionally and ancestrally
occupied and used.
3.
The State further violated the Kaliña and Lokono peoples’ property rights
established in Article 21 of the American Convention, in connection with Articles 1.1 and 2 of the
same instrument, by (i) granting land titles to non-indigenous individuals within Kaliña and Lokono
traditional territory, (ii) establishing and maintaining the Wia Wia, Galibi and Wane Kreek
Reserves, and (iii) granting a mining concession and authorizing mining activities inside their
traditional territory, all without conducting a consultation process aimed at obtaining their free,
prior and informed consent according to inter-American standards.
4.
The State of Suriname violated the right to judicial protection enshrined in Article
25 of the American Convention to the detriment of the Kaliña and Lokono Peoples, by not providing
them effective access to justice for the protection of their fundamental rights.
5.
The IACHR does not have sufficient elements to determine whether the State has
violated Article 13 of the American Convention to the detriment of the Kaliña and Lokono Peoples.
VII.
RECOMMENDATIONS
168.
In accordance with the analysis and conclusions contained in this report, the InterAmerican Commission recommends that the State of Suriname:
1.
Take the necessary legislative and regulatory measures to recognize the Kaliña and
Lokono Peoples as legal persons under Surinamese law;
2.
Remove the legal provisions that impede protection of the right to property of the
Kaliña and Lokono Peoples and adopt in its domestic legislation, and through effective and fully
informed consultations with the Kaliña and Lokono Peoples and their members, legislative,
administrative, and other measures needed to protect, through special mechanisms, the territory in
which the Kaliña and Lokono Peoples exercise their right to communal property, in accordance