2
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
[accordance with] 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 system, customary laws, and
traditions, in [accordance with] paragraphs 174 and 194(b) of th[e] Judgment[;]
7.
[t]he 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 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, in [accordance with] paragraphs 97-116 and 194(c) of th[e]
Judgment[;]
8.
[t]he 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 regar[d] to development or investment projects
that may affect their territory, and to reasonably share [in] the benefits of [those] projects […],
should the[y] be ultimately carried out. The Saramaka people must be consulted during the
process established to comply with this form of reparation, in [accordance with] paragraphs
129-140, 143, 155, 158, and 194(d) of th[e] Judgment[;]
9.
[t]he 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, in
[accordance with] paragraphs 129, 133, 143, 146, 148, 155, 158, and 194(e) of th[e]
Judgment[;]
10.
[t]he State shall adopt legislative, administrative[,] and other measures necessary to
provide the members of the Saramaka people with adequate and effective recourses against
acts that violate their right to the use and enjoyment of property in accordance with their
communal property system, in [accordance with] paragraphs 177-185 and 194(f) of th[e]
Judgment[;]
11.
[t]he State shall translate into Dutch and publish Chapter VII of the […] Judgment,
without the corresponding footnotes, as well as [O]perative [P]aragraphs one through fifteen, in
the State’s Official Gazette and in another national daily newspaper, in [accordance with]
paragraphs 196(a) and 197 of th[e] Judgment[;]
12.
[t]he State shall finance two radio broadcasts, in the Saramaka language, of the content
of paragraphs 2, 4, 5, 17, 77, 80-86, 88, 90, 91, 115, 116, 121, 122, 127-129, 146, 150, 154,
156, 172, and 178 of the […] Judgment, without the corresponding footnotes, as well as
Operative Paragraphs [one] through [fifteen] [t]hereof, in a radio station accessible to the
Saramaka people, in [accordance with] paragraphs 196(b) and 197 of th[e] Judgment[;]
13.
[t]he State shall allocate the amounts set in [the] Judgment as compensation for
[pecuniary] and non-[pecuniary] damages in a community development fund created and
established for the benefit of the members of the Saramaka people in their traditional territory,
in [accordance with] paragraphs 199, 201, 202, 208, and 210-212 thereof[; and]
14.
[t]he State shall reimburse […] costs and expenses, in [accordance with] paragraphs
206, 207, and 209-211 of th[e] Judgment […].
2.
The Judgment on Interpretation of the Saramaka Judgment (hereinafter, “the
Judgment on Interpretation”) delivered by the Court on August 12, 2008, in which it: