-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;

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