11 prior environmental and social impact assessment. These safeguards are intended to preserve, protect and guarantee the special relationship that the members of the Saramaka community have with their territory, which in turn ensures their survival as a tribal people. 39. Additionaly, in Operative Paragraph 9 of the Judgment the Court ordered the State to “implement adequate safeguards and mechanisms in order to minimize the damaging effects such projects may have upon the social, economic and cultural survival of the Saramaka people”. b) Prior environmental and social impact assessments (ESIAs) 40. To respond with greater precision to the State’s concerns related to the prior environmental and social impact assessments ordered in the Judgment, the Court will further elaborate upon this safeguard.22 ESIAs serve to assess the possible damage or impact a proposed development or investment project may have on the property in question and on the community. The purpose of ESIAs is not only to have some objective measure of such possible impact on the land and the people, but also, as stated in paragraph 133 of the Judgment, to “ensure that members of the Saramaka people are aware of possible risks, including environmental and health risks, in order that the proposed development or investment plan is accepted knowingly and voluntarily”. 41. In order to comply with the Court’s orders, the ESIAs must conform to the relevant international standards and best practices,23 and must respect the Saramaka people’s traditions and culture. In conjunction with said standards and best practices, the Judgment established that the ESIAs must be completed prior to the granting of the concession, as one of the objectives for requiring such studies is to guarantee the Saramaka’s right to be informed about all the proposed projects in their territory. Hence, the State’s obligation to supervise the ESIAs coincides with its duty to guarantee the effective participation of the Saramaka people in the process of granting concessions. Furthermore, the ESIAs must be undertaken by independent and technically capable entities, with the State’s supervision. Finally, one of the factors the environmental and social impact assessment should address is the cumulative impact of existing and proposed projects. This allows for a more accurate assessment on whether the individual and cumulative effects of existing and future activities could jeopardize the survival of the indigenous or tribal people. c) Acceptable level of impact 42. In response to the State’s question as to what is an acceptable level of impact, as demonstrated through ESIAs, that would permit the State to grant a concession, the Court observes that what constitutes an acceptable level of impact may differ in each case. Nonetheless, the guiding principle with which to analyze the results of ESIAs should be that the level of impact does not deny the ability of the members of the Saramaka people to survive as a tribal people (supra para. 37). The ninth Operative Paragraph of the Judgment indicates that the “State shall ensure that environmental and social impact assessments are conducted by independent and technically competent entities, prior to awarding a concession for any development or investment project within traditional Saramaka territory, and implement adequate safeguards and mechanisms in order to minimize the damaging effects such projects may have upon the social, economic and cultural survival of the Saramaka people, in the terms of paragraphs 129, 133, 143, 146, 148, 155, 158, and 194(e) of [the] Judgment.” Case of the Saramaka People, supra note 1, Operative Paragraph 9. 23 One of the most comprehensive and used standards for ESIAs in the context of indigenous and tribal peoples is known as the Akwé:Kon Guidelines for the Conduct of Cultural, Environmental and Social Impact Assessments Regarding Developments Proposed to Take Place on, or which are Likely to Impact on, Sacred Sites and on Lands and Waters Traditionally Occupied or Used by Indigenous and Local Communities, which can be found at www.cbd.int/doc/publications/akwe-brochure-pdf. 22