Case of the Kaliña and Lokono peoples v. Suriname

• Lucas Lixinski ^[1]
  1. [1] UNSW Australia

     UNSW Australia

     Australia

     
• Localización: American Journal of International Law, ISSN 0002-9300, Vol. 111, Nº 1, 2017, págs. 147-154
• Idioma: inglés
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• Dialnet Métricas: 1 Cita
• Resumen

  • On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname, the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of property that encroaches on land for which collective title has not been attained. The decision pushes the Court's previous jurisprudence significantly—and somewhat controversially—by asserting that under the American Convention on Human Rights, indigenous peoples are entitled, as collective entities, to recognition of their legal personality. In so doing, the Court challenged ordinary assumptions about the individualized character of most adjudication regarding international human rights and made the possibility of enforcing collective rights more palpable.