11
assessments were carried out prior to the alleged awarding of concessions in Saramaka
territory without the consent of the Saramaka people was “not yet available.”
23.
The representatives indicated that the Afobaka Road project was being carried
out and a stone mining concession had been granted in Saramaka territory despite that
no prior ESIAs had been conducted. They also stated that they were unaware of whether
an ESIA had been carried out prior to the grant of the abovementioned logging
concession in May 2010 (supra Considering clauses 14, 15, 17, and 20). According to the
representatives, “The Saramaka are therefore unable to evaluate possible risks and
impacts, singular or cumulative, as part of considering whether to knowingly and
voluntarily accept the project to upgrade the road.”
24.
The Commission maintained that the State “did not [provide] specific information”
on this issue. It therefore requested that the Court require information on the steps being
taken in order to comply with this order.
25.
With respect to the Afobaka road project and the logging concession granted in
May 2010 (supra Considering clauses 14, 15, 17, and 20), the Court reminds the State
that the granting of any new concessions without prior environmental and social impact
assessments would constitute a direct contravention of the Court's decision, and,
accordingly, of the State's international treaty obligations (supra Considering clauses 36). Furthermore, the Court notes that it lacks information on what the State is doing to
ensure that environmental and social impact assessments are conducted by independent
and technically competent entities prior to awarding concessions for development or
investment projects in traditional Saramaka territory.
26.
In light of the above, the Court considers it necessary that the State indicate, for
each concession or development project mentioned in Considering clause 20 above,
whether prior environmental and social impact assessments were carried out. In addition,
the State must indicate how it will ensure that ESIAs are conducted as indicated in the
Judgment and in the Judgment on Interpretation (supra Having Seen clauses 1 and 2)
prior to awarding concessions in the future for any development or investment project
within traditional Saramaka territory.
c) The duty to legally recognize the collective juridical capacity of the members
of the Saramaka people; to amend or remove legal provisions that impede the
protection of the victims' right to property and to implement legal and other
measures necessary to ensure their right to hold collective title; to adopt
legislative, administrative, and other measures necessary to guarantee the right
of the Saramaka people to be consulted, or when necessary, the right to give or
withhold their consent, with regard to development or investment projects that
may affect their territory, and to reasonably share in the benefits of those
projects; and to adopt legislative, administrative, and other measures necessary
to provide the victims with adequate and effective recourses against acts that
violate their right to the use and enjoyment of property (Operative Paragraphs
six, seven, eight, and ten)
27.
The State initially reported that the SSDI project was to “provide the building
blocks for […] the legal framework [and] collective rights.” However, the State
subsequently informed the Court that it had “officially put a stop” to the project on
December 15, 2010.
28.
The representatives stated that “[t]here has been little progress on the
development of the legislative and other measures required to give effect to the