ORDER OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF APRIL 20, 2010
CASE OF THE SARAMAKA PEOPLE V. SURINAME
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections, merits, reparations, and costs
delivered by the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court,” “the Court,” or “the Tribunal”) on November 28, 2007, in which it:
DECLARE[D],
Unanimously, that:
1.
[t]he State violated, to the detriment of the members of the Saramaka people,
the right to property, as recognized in Article 21 of the American Convention on Human
Rights, in relation to the obligations to respect, ensure, and to give domestic legal effect
to said right, in accordance with Articles 1(1) and 2 thereof, in the terms of the
paragraphs 78 to 158 of th[e] [J]udgment.
2.
[t]he State violated, to the detriment of the members of the Saramaka people,
the right to juridical personality established in Article 3 of the American Convention on
Human Rights, in relation to the right to property recognized in Article 21 of such
instrument and the right to judicial protection under Article 25 thereof, as well as in
connection to the obligations to respect, ensure, and to give domestic legal effect to
those rights, in accordance with Articles 1(1) and 2 thereof, in the terms of paragraphs
159 to 175 of th[e] [J]udgment.
3.
[t]he State violated, to the detriment of the members of the Saramaka people,
the right to judicial protection, as recognized in Article 25 of the American Convention on
Human Rights, in conjunction with the obligations to respect and guarantee the rights
established under Articles 21 and 1(1) thereof, in the terms of paragraphs 176 to 185 of
th[e] [J]udgment.
AND DECIDE[D],
Unanimously, that:
[…]
5.
[t]he 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 said delimitation,
demarcation, and titling of the Saramaka territory has been carried out, Suriname must
abstain from acts which might lead […] agents of the State […] or third parties acting with
its acquiescence or its toleranc[e] 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. With regar[d] to
the concessions already granted within traditional Saramaka territory, the State must
review the[m] in light of the […] Judgment and the Court’s jurisprudence, in order to
evaluate whether a modification of the rights of the concessionaires is necessary in order
to preserve the survival of the Saramaka people, in the terms of paragraphs 101, 115,
129-137, 143, 147, 155, 157, 158, and 194(a) of th[e] Judgment[;]
6.
[t]he State shall grant the members of the Saramaka people legal recognition of
the collective juridical capacity, pertaining to the community to which they belong, with
the purpose of ensuring the full exercise and enjoyment of their right to communal
property, as well as collective access to justice, in accordance with their communal

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