14 “requesting for urgent action on indigenous and tribal peoples’ rights in Suriname”, and b) a “petition” presented by the NGO Forest Peoples Programme on January 30, 2002 to the HR Committee concerning Suriname and its compliance with the International Covenant on Civil and Political Rights (hereinafter “ICCPR”), specifically in relation to violations of Articles 1, 26 and 27 of said international instrument. 50. The HR Committee rendered concluding observations on Suriname on May 4, 2004,42 while the CERD issued concluding observations regarding Suriname on April 28, 2004.43 Furthermore, on March 9, 2005 the CERD adopted a follow-up decision regarding the aforementioned concluding observations.44 Lastly, the CERD has issued three decisions concerning Suriname according to its early warning and urgent action procedure on March 21, 2003,45 August 18, 2005,46 and August 18, 200647. 51. In addressing this issue, the Court will focus on the object, purpose, and nature of the actions brought forth before the United Nations HR Committee and the CERD. With regards to the HR Committee, the only decision indicated by the State concerned the procedure by which this monitoring body issued concluding observations and recommendations on Suriname’s compliance with and implementation of the rights and obligations set forth in the ICCPR. Such procedure, governed by Article 40 of the ICCPR, vests on the HR Committee the faculty to examine the State Parties’ periodical reports “on the measures they have adopted which give effect to the rights recognized [t]herein and on the progress made in the enjoyment of those rights”. The Court observes that the object and purpose of the submission made by the NGO Forest Peoples Programme does not constitute a petition for the adjudication of certain rights of the Saramaka people, but a “shadow report” intended to assist the HR Committee in formulating questions to Suriname when reviewing the State’s reports as well as to provide independent information in this matter. It is clear that the HR Committee’s concluding observations relate to the assessment of the general human rights situation in the country under scrutiny. Said procedure contrasts with the system of individual complaints set forth in the First Optional Protocol to the ICCPR, under which the HR Committee may consider individual communications relating to alleged violations of the rights enshrined in the ICCPR by States Party to the Protocol, which has not been the case. 52. The CERD’s decisions identified by the State, on the other hand, point to two different supervisory mechanisms. First, the concluding observations were issued within the in Relation to the Imminent Adoption of Racially Discriminatory Legislation by the Republic of Suriname, January 6, 2005, and Request for Follow Up and Urgent Action Concerning the Situation of Indigenous and Tribal Peoples in Suriname, July 8, 2005. 42 UNHRC, Consideration of Reports submitted by States Parties under Article 40 of the Covenant, Concluding Observations on Suriname (Eightieth session, 2004), U.N. Doc. CCPR/CO/80/SUR, May 4, 2004 (case file of appendices to the representatives’ brief, appendix 4.3, folios 1492-1496). 43 UNCERD, Consideration of Reports submitted by States Parties under Article 9 of the Convention, Concluding Observations on Suriname (Sixty-fourth session, 2004), U.N. Doc. CERD/C/64/CO/9, April 28, 2004 (case file of appendices to the representatives’ brief, appendix 4.2, folios 1486-1491). 44 UNCERD, Follow-Up Procedure, Decision 3(66) on Suriname (Sixty-sixth session, 2005), U.N. Doc. CERD/C/66/SUR/Dec.3, March 9, 2005 (case file of appendices to the representatives’ brief, appendix 4.4, folios 1497-1498). 45 UNCERD, Urgent Action Procedure, Decision 3(62) on Suriname (Sixty-second session, 2003), U.N. Doc. CERD/C/62/CO/Dec.3, March 21, 2003 (case file of appendices to the representatives’ brief, appendix 4.1, folios 1484-1485). 46 UNCERD, Urgent Action Procedure, Decision 1(67) on Suriname (Sixty-seventh session, 2005), U.N. Doc. CERD/C/DEC/SUR/2, August 18, 2005 (case file of appendices to the representatives’ brief, appendix 4.5, folios 1499-1500). 47 UNCERD, Urgent Action Procedure, Decision 1(69) on Suriname (Sixty-ninth session, 2006), U.N. Doc. CERD/C/DEC/SUR/5, August 18, 2006 (case file of appendices to the representatives’ brief, appendix 4.6, folios 1501-1502).

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