16
57.
It is clear that no identity between the subjects or the objects of this and the
Moiwana case can be found. The victims in the Moiwana case differ from the alleged victims
in the present case. Whereas the former referred to violations to the detriment of Moiwana
community members, the present case involves alleged violations to the detriment of the
members of the Saramaka people. While in the Moiwana case the facts referred to the
alleged denial of justice and displacement of the Moiwana community occurring subsequent
to the attack by members of the armed forces of Suriname on the village of Moiwana on
November 29, 1986, in the present case the facts relate to Suriname’s alleged failure to
adopt effective measures to recognize the communal property right of the members of the
Saramaka people to the territory they have traditionally occupied and used, to provide the
members of the Saramaka people effective access to justice, as a community, for the
protection of their fundamental rights, and to comply with its obligation to adopt domestic
legal provisions and respect Convention rights.
58.
For these reasons, the Court also dismisses the State’s sixth preliminary objection
with regard to the alleged duplicity of international proceedings in relation to the Moiwana
case.
G)
SEVENTH PRELIMINARY OBJECTION
Lack of jurisdiction ratione temporis
59.
The representatives alleged in their brief containing pleadings, motions and evidence
that the construction of the Afobaka dam and reservoir in the 1960s on land traditionally
occupied and used by the Saramaka people “exhibits ongoing and continuous effects and
consequences attributable to Suriname and that violate the Convention guarantees.” In
particular, the representatives pointed to “a continuing deprivation of access to those
traditional lands and resources that have been submerged, as well as irreparable harm to
numerous sacred sites; an ongoing disruption of the Saramaka people’s traditional land
tenure and resource management systems, which, coupled with a substantial population
increase caused by the amalgamation of most of those displaced with existing communities,
has placed a severe stress on the capacity of Saramaka lands and forests to meet basic
subsistence needs; an ongoing failure of the State to secure tenure rights for those lost
lands, both within traditional Saramaka territory and for those communities presently
outside this territory; and an ongoing failure to otherwise provide meaningful reparations.”
60.
In its additional brief pursuant to Article 39 of the Court’s Rules of Procedure, the
State contested this Court’s jurisdiction ratione temporis over said alleged acts, arguing that
they occurred prior to November 12, 1987, which is the date Suriname ratified the American
Convention and recognized the contentious jurisdiction of the Court in accordance with
Article 62(1) of the American Convention. Moreover, the State observed that the alleged
acts took place in the 1960s during the time the Dutch colonial power ruled over Suriname’s
territory, that is to say, before the State of Suriname was established under the accepted
rules and principles of international law. Suriname contended that prior to November 25,
1975, which is the date it gained its independence from the Kingdom of the Netherlands, no
responsibility under international law could be conferred upon the State of Suriname, not
even under the concept of continuous violations, since the State was not a subject of
obligations under international law at that time, and the concept of continuous violation is a
concept that emerged very recently.
61.
The Tribunal has already decided that it is not competent to hear the alleged
violations related to the construction of the Afobaka dam in the present case because the
Commission did not include such facts in its application (supra paras. 11-17). Therefore,
there is no need for the Court to address this again at this juncture.
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