34
that the “community forests” permits are essentially revocable forestry concessions that
convey limited and restricted use rights, and are therefore an inadequate recognition of the
Saramakas’ property rights.113 Likewise, as the implementing laws required to issue
community forests have yet to be adopted, the legal certainty of said title may be called
into question.114
114. Furthermore, Article 41 of the Forest Management Act of 1992 also states that
customary rights of tribal inhabitants, with respect to their villages and settlements, as well
as their agricultural plots, will be respected “as much as possible”.115 This provision
inadequately limits the scope of “respect” afforded to the members of the Saramaka tribe’s
territory solely to “villages, settlements and agricultural plots”. Such limitation fails to take
into account the all-encompassing relationship that members of indigenous and tribal
peoples have with their territory as a whole, not just with their villages, settlements, and
agricultural plots. In accordance with this Court’s analysis, the State’s duty is much higher
in order to ensure, guarantee and protect the property rights of the members of the
Saramaka people, within the framework of their communal system of property (supra paras.
85-96). Thus, the Forest Management Act also fails to give legal effect to the communal
property rights of the Saramakas.
*
*
*
115. In sum, the State’s legal framework merely grants the members of the Saramaka
people a privilege to use land, which does not guarantee the right to effectively control their
territory without outside interference. The Court has previously held that, rather than a
privilege to use the land, which can be taken away by the State or trumped by real property
rights of third parties, members of indigenous and tribal peoples must obtain title to their
territory in order to guarantee its permanent use and enjoyment.116 This title must be
recognized and respected, not only in practice, but also in law, in order to ensure its legal
certainty. In order to obtain such title, the territory traditionally used and occupied by the
members of the Saramaka people must first be delimited and demarcated, in consultation
with such people and other neighboring peoples.117 In this regard, the Court has previously
declared that “a strictly juridical or abstract recognition of indigenous lands, territories or
resources lacks true meaning where the property has not been physically established and
delimited.”118
116. Ultimately, the State has expressed its commitment “to improve the current
codification of the land rights regime of its tribal and indigenous people.” For this purpose,
the President of Suriname appointed a committee of experts in the year 2006 to address the
issue. Nevertheless, to date, the State’s legal system does not recognize the property
rights of the members of the Saramaka people in connection to their territory, but rather,
grants a privilege or permission to use and occupy the land at the discretion of the State.
For this reason, the Court is of the opinion that the State has not complied with its duty to
give domestic legal effect to the members of the Saramaka people’s property rights in
113
Testimony of Rene Somopawiro, supra note 110 (transcription of public hearing, p. 52).
Cf. Testimony of Rene Somopawiro, supra note 110 (transcription of public hearing, p. 52).
115
Cf. Article 41 of the Forest Management Act, supra note 110, (folios 74-75).
116
Cf. Case of The Mayagna (Sumo) Awas Tingni Community, supra note 49, para. 153; Case of the
Indigenous Community Yakye Axa, supra note 75, para. 215, and Case of the Moiwana Community, supra note 77,
para. 209.
117
The Court observes that in the Moiwana Community case the State was ordered to create an effective
mechanism for the delimitation, demarcation and titling of the traditional territories of the Moiwana community. Cf.
Case of the Moiwana Community, supra note 77, para. 209.
118
Cf. Case of the Indigenous Community Yakye Axa, supra note 75, para. 143.
114
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