-7B. Request for provisional measures in relation to a mining exploitation
18.
The representatives’ second request for provisional measures refers to a mineral
exploitation project that has allegedly been awarded to IAMGOLD, and which could start “at any
time,” and which would have “severe effects” on the subsistence practices, spiritual freedom,
and the land and culture of the Saramaka. In addition, this project would affect the viability of
the Saramaka territory for present and future generations, in violation of the requirements of
the Court in its Judgment (supra having seen paragraphs 14).
19.
In this regard, the Court recalls that, in its Judgment, it ruled on this matter in
paragraphs 97 to 106, 129 to 137, 140, 143 to 148, 155, 157, 158 and 194, and also
determined in the declarative paragraphs that:
5.
The State shall delimit, demarcate, and grant collective title over the territory of the
members of the Saramaka people, in accordance with their customary laws, and through
previous, effective and fully informed consultations with the Saramaka people, without
prejudice to other tribal and indigenous communities. Until the said delimitation,
demarcation, and titling of the Saramaka territory has been carried out, Suriname must
abstain from acts which might lead the agents of the State itself, or third parties acting
with its acquiescence or its tolerance, to affect the existence, value, use or enjoyment of
the territory to which the members of the Saramaka people are entitled, unless the State
obtains the free, informed and prior consent of the Saramaka people […].
[…]
7.
The State shall remove or amend the legal provisions that impede protection of the
right to property of the members of the Saramaka people and adopt, in its domestic
legislation, and through prior, effective and fully informed consultations with the Saramaka
people, legislative, administrative, and other measures as may be required to recognize,
protect, guarantee and give legal effect to the right of the members of the Saramaka
people to hold collective title to the territory they have traditionally used and occupied,
which includes the lands and natural resources necessary for their social, cultural and
economic survival, as well as to manage, distribute, and effectively control such territory,
in accordance with their customary laws and traditional collective land tenure system, and
without prejudice to other tribal and indigenous communities […].
8.
The State shall adopt legislative, administrative and other measures necessary to
recognize and ensure the right of the Saramaka people to be effectively consulted, in
accordance with their traditions and customs, or when necessary, the right to give or
withhold their free, informed and prior consent, with regard to development or investment
projects that may affect their territory, and to reasonably share the benefits of such
projects with the members of the Saramaka people, should these be ultimately carried out
[…].
9. The State shall ensure that environmental and social impact assessments are conducted
by independent and technically competent entities, prior to awarding a concession for any
development or investment project within traditional Saramaka territory, and implement
adequate safeguards and mechanisms in order to minimize the damaging effects such
projects may have upon the social, economic and cultural survival of the Saramaka people
[…].
20.
With regard to the measures ordered
implementation by means of the procedure of
context, adopted an Order on November 23,
measures described above (supra considering
the State to adopt all necessary measures to
operative paragraphs pending compliance. 12
in the Judgment, the Court is supervising their
monitoring compliance with judgment and, in this
2011. In this Order, the Court declared that the
paragraph 19) had not been fulfilled and required
comply effectively and promptly with each of the
12
Cf. Case of the Saramaka People v. Suriname. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 23, 2011, second and third operative paragraphs.