VIII OPERATIVE PARAGRAPHS

329. Therefore,

THE COURT DECLARES,

By six votes to one, that

1. The State is responsible for the violation of the right to recognition of juridical personality, recognized in Article 3 of the American Convention, in relation to Articles 1(1), 2, 21 and 25 thereof, to the detriment of the Kaliña and Lokono peoples and their members, pursuant to paragraphs 105 to 114 of this Judgment.Judge Pérez Pérez dissenting.

By six votes to one, that

2. The State is responsible for the violation of the right to collective property and political rights, recognized in Articles 21 and 23 of the American Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of the Kaliña and Lokono peoples and their members, pursuant to paragraphs 122 to 230 of this Judgment.

Judge Pérez Pérez dissenting.

By six votes to one, that

3. The State is responsible for the violation of the right to judicial protection, recognized in Article 25 of the American Convention, in relation to Articles 1(1), 2 and 13 thereof, to the detriment of the Kaliña and Lokono peoples and their members, pursuant to paragraphs 237 to 268 of this Judgment.

Judge Pérez Pérez dissenting.

AND ESTABLISHES,

Unanimously, that:

4. This Judgment constitutes, per se, a form of reparation.

5. The State shall grant the Kaliña and Lokono peoples legal recognition of collective juridical personality, as established in paragraph 279.i.a of this Judgment.

6. The State shall delimit and demarcate the traditional territory of the members of the Kaliña and Lokono peoples, as well as grant them collective title to that territory and ensure their effective use and enjoyment thereof, taking into account the rights of other tribal peoples in the area, as established in paragraphs 279.i.b, 284 and 285 of this Judgment.

7. The State shall, through its competent authorities, establish how the territorial rights of the Kaliña and Lokono peoples will be protected in cases in which the land claimed is owned by the State or by third parties, as established in paragraphs 280 to 285 of this Judgment.

8. The State shall take the appropriate measures to ensure the access, use and participation of the Kaliña and Lokono peoples in the Galibi and Wane Kreek Nature Reserves, as established in paragraph 286 of this Judgment.

9. The State shall take the necessary measures to ensure that no activities are carried out that could have an impact on the traditional territory, in particular in the Wane Kreek Nature Reserve, while the above-mentioned processes for the effective participation of the Kaliña and Lokono peoples have not been guaranteed, as established in paragraph 287 of this Judgment.

10. The State shall implement the sufficient and necessary measures to rehabilitate the affected area in the Wane Kreek Nature Reserve, as established in paragraphs 290 and 291 of this Judgment.

11. The State shall create a community development fund for the members of the Kaliña and Lokono peoples, in the terms and within the time frame established in paragraphs 295 to 299 of this Judgment.

12. The State shall implement the necessary inter-institutional coordination mechanisms in order to ensure the effectiveness of the measures established above, within three months of 84 notification of this Judgment, as established in paragraphs 285, 290, 291, 295 and 299 of this Judgment.

13. The State shall take the necessary measures to recognize the collective juridical personality of indigenous and tribal peoples in Suriname, as established in paragraph 305.a of this Judgment.

14. The State shall take the necessary measures to establish an effective mechanism for delimiting, demarcating and titling the territories of indigenous and tribal peoples in Suriname, as established in paragraph 305.b of this Judgment.

15. The State shall take the necessary measures to establish domestic remedies, or adapt those that exist, in order to ensure effective collective access to justice for indigenous and tribal peoples, as established in paragraph 305.c of this Judgment.

16. The State shall take the necessary measures to ensure: (a) effective participation processes for indigenous and tribal peoples in Suriname; (b) the execution of social and environmental impact assessments; and (c) the distribution of benefits, as appropriate, as established in paragraphs 305.d of this Judgment.

17. The State shall implement permanent programs or courses on the human rights of indigenous and tribal peoples, as established in paragraph 309 of this Judgment.

18. The State must issue the publications and the radio broadcast, as established in paragraphs 312 to 313 of this Judgment.

19. The State must pay the amounts established in paragraph 323 of this Judgment as reimbursement of costs and expenses within six months of notification hereof.

20. The State must, within one year of notification of this Judgment, provide the Court with a report on the measures taken to comply therewith.

21. The Court will monitor full compliance with the Judgment, in execution of its authority and in compliance with its obligations under the American Convention on Human Rights, and will consider this case concluded when the State has complied fully with its provisions. Judges Humberto Antonio Sierra Porto and Eduardo Ferrer Mac-Gregor Poisot advised the Court of their joint concurring opinion, and Judge Alberto Pérez Pérez advised the Court of his dissenting opinion, both of which accompany this Judgment.