Judgements of the Inter-American Court of Human Rights concerning indigenous and tribal land rights in Suriname: new approaches to stimulating full compliance

Abstract

ABSTRACTMany indigenous communities in Suriname have been displaced from their traditional lands because the State does not recognise their collective property rights. Despite this, Suriname has not complied with multiple judgements of the Inter-American Court of Human Rights that attempt to remedy the situation. The aim of this paper is to identify how the Inter-American System of Human Rights can stimulate full compliance with judgements of the Inter-American Court of Human Rights concerning indigenous land rights in Suriname. The paper draws on a variety of sources in order to assess the current compliance efforts of the system. Based on this assessment, the paper suggests how to improve conventional mechanisms of compliance in order to stimulate full implementation of the judgements. The paper finds that the monitoring process of the Court, thematic reports, and country visits can be used more effectively in order to stimulate compliance. Drawing from transnational legal theory, the paper also suggest that the system should interact with international organisations and actors beyond the executive organs of the State in order to stimulate full compliance with the judgements of the Court. These findings can be used to increase the effective protection of indigenous land rights in Suriname.