The Inter-American Commission on Human Rights (IACHR) has filed an application with the Inter-American Court of Human Rights in Case No. 12.639, Kaliña and Lokono Peoples v. Suriname. According to a press release:
"The facts of this case involve a series of violations of the rights of the members of eight communities of the Kaliña and Lokono indigenous peoples of Suriname’s Lower Marowijne River. Specifically, the violations have to do with an existing legal framework that prevents recognition of the indigenous peoples’ juridical personality, a situation that to this day continues to keep the Kaliña and Lokono peoples from being able to protect their right to collective property. In addition, the State has failed to establish the regulatory foundations that would allow for recognition of the right to collective ownership of the lands, territories, and natural resources of the Kaliña and Lokono indigenous peoples. This lack of recognition has been accompanied by the issuance of individual land titles to non-indigenous persons; the granting of concessions and licenses to carry out mining operations in part of their ancestral territories; and the establishment and operation of three nature reserves in part of their ancestral territories."
There was no consultation with the Kaliña and Lokono peoples prior to the granting of these licenses. According to the Commission, "these developments have occurred in a context devoid of judicial protection, since no effective remedies exist in Suriname by which indigenous peoples can claim their rights."
In its report on the merits of the case, the Inter-American Commission recommended that Suriname: "adopt any necessary measures for recognition of both the Kaliña and Lokono peoples as legal persons in Suriname’s legal system; eliminate any legal provisions that hamper the protection of the right to property of the Kaliña and Lokono peoples; adopt measures to protect the territory in which both peoples exercise communal ownership, without detriment to other indigenous and tribal communities; refrain from actions that could lead third parties, with the State’s acquiescence or tolerance, to affect the property or territorial integrity of the Kaliña and Lokono peoples; review, through effective and informed consultation with the Kaliña and Lokono peoples, the land titles that have been granted to non-indigenous peoples, the terms of the mining activities, and the establishment of the nature reserves, to determine proper modifications; take steps to delimit, demarcate, and grant both peoples collective title to the lands and territories they have traditionally occupied and used; and adopt measures to ensure the judicial protection that would enable the Kaliña and Lokono peoples to effectively exercise their rights." Suriname has not complied with these recommendations, so the Commission referred the matter to the Inter-American Court.
The Inter-American human rights system has been developing a rich body of case law relating to the rights of indigenous peoples, including at least two other cases against Suriname: Saramaka People v. Suriname (2007) and Aloeboetoe v. Suriname (1993). This case will no doubt add to that body of jurisprudence. For more information regarding the human rights situation of indigenous peoples in the Americas, visit the website of the Organization of American States here.
(cgb)