5
confront concession holders to demand a share in the benefits. Therefore, Suriname
considered it should be left to the State, rather than the Saramaka people, to devise the
required system of “benefit sharing”. The State did not ask a specific question on this
matter, but rather requested “the Court’s interpretation as to the understanding of the State
with regard to this aspect of the Judgment”.
12.
Regarding the effective participation of the Saramaka people in the process of
issuing concessions in their traditional territory, the Commission observed that
“[t]hroughout the judgment the Court has made very clear that the participation of the
Saramaka People in such process shall take place in conformity with their customs and
traditions”. Regarding the benefit sharing with the Saramaka people from concessions
granted within their territory by the State, the Commission observed “that the Court’s
sentence does not require the State to act in such a way as to obstruct development, but
rather sets forth the principles under which development may take place in conformity with
respect for the rights of those affected by it.” Furthermore, the Commission considered that
the “point raised does not constitute a valid basis for a request for interpretation under
Article 67 of the Convention”.
13.
The representatives observed that the Judgment clearly indicates “that the modes of
effective participation and the entity or entities that shall participate in decision making are
to be determined by the Saramaka in accordance with their custom and tradition” and then
communicated to the State. “Conversely, if Suriname is uncertain about these matters, it
may communicate with the Saramaka to seek clarity”. Additionally, the representatives
observed that “the legislative and administrative basis for the benefit sharing system must
be developed and determined with the effective participation of the Saramaka, not by the
State alone”, and that “the Saramaka must also effectively participate in decisions about
benefit sharing on a case-by-case basis”.
14.
The issues raised by the State refer to (a) the establishment of a consultation
mechanism with the Saramaka people, and (b) the determination of the beneficiaries of a
“just compensation” in relation to development and investment projects in Saramaka
territory.
The Court considers that both concerns are addressed in the Judgment,
particularly, but not exclusively, in paragraphs 81, 100, 101, 129-140, 147, 155, 164, 170,
171, 174, and 194, and in Operative Paragraphs 5 through 9. Nevertheless, the Court
deems that a reiteration of how the Judgment addresses these issues is pertinent.
a)
Regarding the establishment of a consultation mechanism with the Saramaka
people
15.
Regarding the first issue, the Court reiterates that the State has a duty to consult
with the Saramaka people in order to comply with several of the Court’s orders, and that
the Saramaka must determine, in accordance with their customs and traditions, which tribe
members are to be involved in such consultations.
16.
In this regard, the Judgment orders the State to consult with the Saramaka people
regarding at least the following six issues: (1) the process of delimiting, demarcating and
granting collective title over the territory of the Saramaka people;6 (2) the process of
granting the members of the Saramaka people legal recognition of their collective juridical
6
In Operative Paragraph 5 of the Judgment, read in conjunction with paragraph 194(a), the Court ordered
the State to “delimit, demarcate, and grant collective title over the territory of the members of the Saramaka
people, in accordance with their customary laws, and through previous, effective and fully informed consultations
with the Saramaka people, without prejudice to other tribal and indigenous communities.” Cf. Case of the
Saramaka People, supra note 1, para. 194(a).