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affect the existence, value, use or enjoyment of the property located in the
geographical area where the Moiwana community members traditionally lived until
the events of November 29, 1986.
c)
State guarantees of safety for those community members who decide to
return to Moiwana Village
212. The Court is aware that the Moiwana community members do not wish to
return to their traditional lands until: 1) the territory is purified according to cultural
rituals; and 2) they no longer fear that further hostilities will be directed toward their
community. Neither of these elements is possible without an effective investigation
and judicial process, leading to the clarification of the facts and punishment of the
responsible parties. As these processes are carried out and led to conclusion, only
the community members themselves can decide when exactly it would be
appropriate to return to Moiwana Village. When community members eventually are
satisfied that the necessary conditions have been reached so as to permit their
return, the State shall guarantee their safety. To that effect, upon the community
members’ return to Moiwana Village, the State shall send representatives every
month to Moiwana Village during the first year, in order to consult with the Moiwana
residents. If the community members express concern regarding their safety during
those monthly meetings, the State must take appropriate measures to guarantee
their security, which shall be designed in strict consultation with said community
members.
d)
Developmental fund
213. As the 1986 military operation destroyed Moiwana Village property and forced
survivors to flee, both the representatives and the Commission have emphasized the
necessity of implementing a developmental program that would provide basic social
services to the community members upon their return. The State, for its part, has
shown willingness “to pay for the reasonable costs of survivors and family members
to commence cultural activities […], with regard to the occurrences [of November 29,
1986].”
214. In that regard, this Court rules that Suriname shall establish a developmental
fund, to consist of US $1,200,000 (one million, two hundred thousand dollars of the
United States of America), which will be directed to health, housing and educational
programs for the Moiwana community members. The specific aspects of said
programs shall be determined by an implementation committee, which is described
in the following paragraph, and shall be completed within a period of five years from
the date of notification of the present judgment.
215. The abovementioned committee will be in charge of determining how the
developmental fund is implemented and will be comprised of three members. The
committee shall have a representative designated by the victims and another shall
be chosen by the State; the third member shall be selected through and agreement
between the representatives of the victims and the State. If the State and the
representatives of the victims have not arrived at an agreement regarding the
composition of the implementation committee within six months from the date of
notification of the present judgment, the Court will convene them to a meeting in
order to decide upon the matter.
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