5
Convention added that cultural diversity can only be protected and promoted through
the safeguard of human rights.11
24.
It is my understanding that the universal juridical conscience has evolved
towards a clear recognition of the relevance of cultural diversity for the universality of
human rights, and vice-versa. Additionally it has evolved toward the humanization of
International Law, and the creation, at this beginning of the XXI century, of a new jus
gentium, a new International Law for humankind, - and the aforementioned triad of
UNESCO Conventions (of 1972, 2003, and 2005) are in my view one of the many
contemporary manifestations of the human conscience to this effect.12
IV.
Conclusion
25.
The determination of measures of reparation – such as those contemplated in
the present case, - is effectuated by the Court in light of the relevant provisions of the
American Convention, and not of the land rights regulations of Suriname. To assume
the contrary would deprive the Court of its powers, which are granted by the American
Convention, and were accepted by Suriname upon ratification of the Convention and its
acceptance of the compulsory jurisdiction of the Court; this would be inadmissible. The
Court interprets and applies the American Convention, and not Suriname’s regulations
on land rights. If these internal regulations present obstacles to compliance with the
reparation measures ordered by the Court, those obstacles should be removed, and
national regulations relative to land rights should be harmonized with the American
Convention, in a manner which provides reparations to all those victimized. Pact sunt
servanda.
26.
This is a case, in my understanding, also concerning the land rights in
Suriname, which has been correctly resolved by the Inter-American Court in the light of
the pertinent regulations of the American Convention. I hope, with this, to clarify the
doubts respectfully presented to the Court by Suriname at the end of its written brief of
10/4/2005 (p. 11, para. 22). The response to the State’s brief submitted by the
representatives (of 11/10/2005, paras. 24-50), on behalf of the victims, who are true
subjects of International Law of Human Rights, has been adequate. Additionally, the
State indicated in its aforementioned brief, its willingness to comply with its
“international obligations” (pp. 11-12, para. 23, and cf. pp. 4-5, para. 9), among which
compliance with the 6/15/2005 Judgment of this Court in the present Case of the
Moiwana Community is included. I have the confidence that Suriname – a country with
11
Article 2(1) of the 2005 Convention. Cf., in general, e.g., A.Ch. Kiss and A.A. Cançado
Trindade, "Two Major Challenges of Our Time: Human Rights and the Environment", in Human
Rights, Sustainable Development and Environment (Seminar of Brasilia of 1992, ed. A.A. Cançado
Trindade), 2nd. ed., Brasilia/San José of Costa Rica, IIDH/BID, 1995, pp. 289-290; A.A. Cançado
Trindade, Direitos Humanos e Meio Ambiente: Paralelo dos Sistemas de Proteção Internacional,
Porto Alegre/Brazil, S.A. Fabris Ed., 1993, pp. 282-283.
Cf. A.A. Cançado Trindade, "General Course on Public International Law - International
Law for Humankind: Towards a New Jus Gentium", Recueil des Cours de l'Académie de Droit
International de La Haye (2005), ch. XIII (in print).
12