16
3.
In accordance with the Considering clauses of this Order, the State has not
complied with the following obligations established in the Judgment:
a)
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
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 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. With regard to the concessions already granted within
traditional Saramaka territory, the State must review them 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 (Operative Paragraph five of the Judgment
and Considering clauses 7 to 21);
b)
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 system, customary laws, and traditions (Operative Paragraph six
of the Judgment and Considering clauses 27 to 30);
c)
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 of 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 manage,
distribute, and effectively control that territory in accordance with their customary
laws and traditional collective land tenure system and without prejudice to other
tribal and indigenous communities (Operative Paragraph seven of the Judgment
and Considering clauses 27 to 30);
d)
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 in the benefits of those projects, should they ultimately be
carried out. The Saramaka people must be consulted during the process
established to comply with this form of reparation (Operative Paragraph eight of
the Judgment and Considering clauses 27 to 30);
e)
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