Building upon its earlier jurisprudence, in the case of Saramaka v. Suriname, the InterAmerican Court recognized the rights of Maroon Saramaka communities to lands and resources on the basis of their traditional tenure, again in accordance with the property right protections in Article 21 of the American Convention of Human Rights. 71 The Court ordered Suriname, through meaningful consultations, to “delimit, demarcate, and grant collective title” over Saramaka traditional territory in accordance with their customary laws; and to adopt legislative, administrative, and other measures necessary to legally recognize this collective title. 72 Notably, the Court further ordered Suriname to “adopt legislative, administrative and other measures necessary to recognize and ensure the right of the Saramaka people, […] when necessary, to give or withhold their free, informed and prior consent, with regards to development or investment projects that may affect their territory,” 73 and to grant the Saramaka peoples legal recognition as a collective juridical body. 74 In Kaliña and Lokono Peoples v. Suriname, the most recent of the cases, the Inter-American Court again observed institutional impediments to, and abuses of, indigenous peoples’ collective property rights. The Court, in response to Suriname’s continued failure to recognize the juridical personality of indigenous peoples, ordered Suriname, among other measures, to: grant legal recognition of the collective juridical personality of the Kaliña and Lokono peoples; adopt measures to protect the territory in which both peoples exercise communal ownership; establish how the territorial rights of the Kaliña and Lokono peoples will be protected in cases where the land claimed is owned by the State or third parties; and take steps to delimit, demarcate, and grant both peoples collective title to the lands and territories they have traditionally occupied and used. 75 The Inter-American Court’s judgments in these cases establish international legal responsibility on the part of the Government of Suriname with regard to indigenous and tribal peoples under the American Convention on Human Rights.76 Suriname has not yet complied with the most substantive elements of the Court’s judgments, including those parts requiring the demarcation and titling of the tribal communities’ lands and the development of a law or procedure to carry out that process. In failing to comply with the Court’s requirements in these cases, the Government of Suriname continues to deny 71 See for e.g. Case of Mayagna (Sumo) Awas Tingni Community. v. Nicaragua, 79 Inter-Am. C.H.R. Ser. C (2001); Case of the Indigenous Community Yakye Axa v. Paraguay, 125 Ser. C (2005); Sawhoyamaxa Indigenous Community v. Paraguay, 146 Inter-Am. Ct. H.R. Ser. C (2006). 72 Saramaka, para. 214(5)(7). 73 Id., para. 214(8). 74 Id., para. 214(6). 75 Kaliña and Lokono, para. 329(5)(6)(7). 76 While the cases relate to specific tribal communities, the principles affirming indigenous land and resource rights apply generally to all the indigenous and tribal peoples of Suriname.

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