43 F.1) Logging concessions 144. Thus, with regard to timber logging, a question arises as to whether this natural resource is one that has been traditionally used by the members of the Saramaka people in a manner inextricably related to their survival. In this regard, Dr. Richard Price, an anthropologist who gave his expert opinion during the public hearing in the present case, submitted a map in which the Saramaka people made hundreds of marks illustrating the For example, the location and variety of trees they use for different purposes.143 Saramakas use a special type of tree from which they build boats and canoes to move and transport people and goods from one village to another.144 The members of the Saramaka community also use many different species of palm trees to make different things, including roofing for their houses, and from which they obtain fruits that they process into cooking oil.145 When referring to the forest, one of the witnesses stated during the public hearing that it “is where we cut trees in order to make our houses, to get our subsistence, to make our boats […]; everything that we live with”.146 Another witness addressed the importance of wood-cutting for the Saramaka people and how they care about their environment: When we cut trees, we think about our children, and our grandchildren, and future generations. […] When we go into the forest for any purpose, we think about what we’re doing, we think about saving the environment. We are very careful not to destroy anything that is in the forest. We take the wood that we need for our purposes, and we are very careful not to destroy the environment.147 145. Additionally, the evidence before the Tribunal suggests that the members of the Saramaka people also rely on timber logging as part of their economic structure. In this regard, the State emphasized that some individual Saramaka members have requested logging concessions from the State on their own individual behalf. When asked during the public hearing why he, for example, had requested an individual logging concession from the State, Captain Cesar Adjako, of the Matjau clan (lö), responded that he did so “because the government made a new law saying that if you wanted to sell the wood you cut, you had to have your name on a concession. Otherwise you were not allowed to sell the wood. […] Once I have a concession, all my children are able to cut the wood”.148 That is, the request for a personal concession was intended to allow the members of the Saramaka people to legally continue selling wood, as they have traditionally done for subsistence purposes. 146. This evidence shows that the members of the Saramaka people have traditionally harvested, used, traded and sold timber and non-timber forest products, and continue to do so until the present day.149 Thus, in accordance with the above analysis regarding the extraction of natural resources that are necessary for the survival of the Saramaka people, and consequently, its members, the State should not have granted logging concessions within Saramaka territory unless and until the three safeguards of effective participation, benefit-sharing, and prior environmental and social impact assessments were complied with. 143 144 145 146 Expert opinion of Professor Richard Price, supra note 62 (transcription of public hearing, pp. 55-56). Expert opinion of Professor Richard Price, supra note 62 (transcription of public hearing, pp. 55-56). Expert opinion of Professor Richard Price, supra note 62 (transcription of public hearing, pp. 55-56). Testimony of Head Captain and Fiscali Wazen Eduards, supra note 61 (transcription of public hearing, p. 6). 147 Testimony of Captain Cesar Adjako, supra note 68 (transcription of public hearing, pp. 15-16). Testimony of Captain Cesar Adjako, supra note 68 (transcription of public hearing, p. 14). 149 Cf. Expert opinion of Professor Richard Price, supra note 62 (transcription of public hearing, p. 58), and Testimony of Captain Cesar Adjako, supra note 68 (transcription of public hearing, p. 13). 148