-5-
mental integrity and serve as a powerful reminder that their rights are not
being taken seriously by the State;
i) investigation and punishment is the necessary precondition for the victims to
return to their traditional territory and for reconciliation with the victims’
deceased kin and ancestral spirits. This is, therefore, the most critical part of
obtaining justice;
j) regarding to the payment of cost award to Association Moiwana, the Court’s
Judgment required that Suriname pay US $8,000, which corresponds to the
past and future costs of the Association, and in no way conditioned payment of
this sum on the submission of receipts and expenses to the State;
k) to date, neither Stichting Moiwana nor the Forest Peoples Programme has
received the award of costs ordered by the Court. Bank account details were
submitted by the Forest Peoples Programme, at the request of the State, in
June 2006 and the State gave its assurances that the funds would be
transmitted no later than July 14, 2006;
l) the Committee to oversee use of the developmental fund ordered by the Court
has been established as a foundation called Stichting Fonds Ontwikkeling
Moiwana Gemeenschaap (SFOMG). Suriname reports that the sum of US
$1,200,000 as ordered by the Court “will be made available on the basis of
reimbursement per project.” While it is unclear from the Court’s Judgment if
this mode of payment is acceptable, the victims believe that the SFOMG should
control the funds at its disposal and should not have to submit proposals and
requests to the State for each activity it undertakes. Moreover, the Moiwana
community should benefit from the interest that will accrue on the US
$1,200,000 and this cannot occur should the State continue to hold these
funds. Therefore, these funds should be deposited into an account in the name
of the SFOMG, and the Representatives request that the Court order that this
be done without delay;
m) despite two statements in its report to the Court to the effect that the State is
fully responsible for financing implementation of the Court’s Judgment,
Suriname has not provided any operating costs to permit the SFOMG to carry
out its mandate and activities. The State has also refused to pay the travel and
other costs of Andre Ajintoena, who is the representative chosen by the victims
to be a member of the SFOMG. The victims’ representative must be able to
fully participate in the decision-making process of the SFOMG and the State is
responsible for funding this participation. The Representatives request that the
Court order the State to provide the SFOMG with an operating budget that will
cover, inter alia, its basic operations and the travel and related expenses of Mr.
Ajintoena;
n) while a National Commission on Land Rights was established in charged with
the implementation of the aspect of the Judgment “concerning the land rights
issue in Moiwana”, the Representatives wish to bring some points to the Court’s
attention:
i.
there was no prior consultation with any indigenous or tribal people or
organization about the NCLR’s composition or mandate;
ii.
while there is one indigenous and one maroon person among the
members, both are government employees and there are no freely
chosen representatives of indigenous peoples or maroons on the NCLR;
iii.
the NCLR has been in existence now for eight months and to the date it
has held only few brief meetings with indigenous and tribal people’s
representative and, despite the request, has not made public its terms of
reference nor sought to consult with regard to the manner in which it will
discharge its mandate;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents