Suriname - Indigenous People
The law affords no special protection for, or recognition of, indigenous people. The IACHR identified the Maroons (descendants of escaped slaves who fled to the hinterland--approximately 22 percent of the population) as tribal peoples and thus entitled to the same rights as the indigenous Amerindian communities (approximately 4 percent of the population).
Maroons and Amerindians living in the remote and undeveloped interior had limited access to education, employment, and health and social services. Both groups participated in decisions affecting their tradition and culture, but they had limited influence in decisions affecting exploitation of energy, minerals, timber, and other natural resources on their lands. Both Maroons and Amerindians took part in regional governing bodies, as well as in the National Assembly, and were part of the governing coalition.
The government recognizes the different Maroon and indigenous tribes, but they hold no special status under national law, and there was no effective demarcation of their lands. Because authorities did not effectively demarcate or police Amerindian and Maroon lands, these populations continued to face problems with illegal and uncontrolled logging and mining. No laws grant indigenous people the right to share in the revenues from the exploitation of resources on their traditional lands. Organizations representing Maroon and Amerindian communities complained that small-scale mining operations, mainly by illegal gold miners, some of whom were themselves indigenous or supported by indigenous groups, dug trenches that cut residents off from their agricultural land and threatened to drive them away from their traditional settlements. Mercury runoff from these operations also contaminated sources of drinking water and threatened traditional food sources, especially freshwater fish.
Maroon and Amerindian groups complained about the government’s granting of land within their traditional territories to third parties, who sometimes prevented the villages from engaging in their traditional activities on those lands. Maroon and Amerindian groups continued to cooperate with each other to exercise their rights more effectively. The Moiwana Human Rights Association, the Association of Indigenous Village Leaders (an umbrella group that represents the many smaller associations of indigenous persons), and other NGOs continued to promote the rights of indigenous people.
In November 2015 the Inter-American Court of Human Rights ruled against the government in the case of the Kalina and Lokono Peoples vs. Suriname. The case began in 2009, when the Kalina Indigenous Community of Maho filed a petition with the IACHR claiming that the government’s granting of concessions to third parties for the exploitation of the land and natural resources the Maho community had occupied and used for centuries was a violation of their human rights. The petition claimed the encroachment on their territory negatively affected the development of the community. In 2014, despite the continuing litigation, the government continued to grant concession rights to third parties in the area of the Maho community. In 2014 the community reported that the government had issued a 49-acre concession to a third party.
The Inter-American Court declared the state responsible for violating the rights to recognition of juridical personality, to collective property, to political rights, and to cultural identity, and reminded the state of its duty to adopt appropriate domestic legal provisions. The court ruled that all the above had been prejudicial to the members of the Kalina and Lokono communities and ordered the government to legally recognize the Kalina and Lokono collective juridical personality; delimit, demarcate, and title the territory to the peoples; establish a community development fund; and rehabilitate areas affected by mining by third parties. At year’s end the government had not taken action to carry out the court’s orders.
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