8
24.
In Operative Paragraph 8 of the Judgment, read in conjunction with paragraph
194(d), the Court ordered the State to
adopt legislative, administrative and other measures necessary to recognize and
ensure the right of the Saramaka people to […] reasonably share the benefits of
[development and investment] projects with the members of the Saramaka people,
should these be ultimately carried out. The Saramaka people must be consulted
during the process established to comply with this form of reparation. […]
25.
Thus, the determination of those beneficiaries must be made in consultation with the
Saramaka people, and not unilaterally by the State. In any case, as the representatives
mentioned in their written submissions, “these matters can be discussed and addressed
during the consultations and process of reaching agreement on the legislative and
administrative measures required to give effect to, inter alia, the benefit sharing
requirement.”
26.
Furthermore, regarding the State’s concern that there may be internal divisions
among the Saramaka as to who can benefit from development projects, the Court observes
that, pursuant to paragraph 164 of the Judgment, in the event that any internal conflict
arises between members of the Saramaka community regarding this issue, it “must be
resolved by the Saramaka people in accordance with their own traditional customs and
norms, not by the State or this Court in this particular case.”
27.
Consequently, the Tribunal reiterates that all issues related to the consultation
process with the Saramaka people, as well as those concerning the beneficiaries of the “just
compensation” that must be shared, must be determined and resolved by the Saramaka
people in accordance with their traditional customs and norms, and as ordered by the Court
in its Judgment.
V
PRIOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS
28.
The State expressed its understanding that an environmental and social impact
assessment is one of the requirements that this Court established in order to grant a
concession in the territory belonging to the members of the Saramaka people. The State
pointed out that the Court “extensively addressed the first and second requirements as
listed in para. 129 [regarding consultation and benefit-sharing, but] did not elaborate
separately on the third requirement [regarding prior environmental and social impact
assessments (hereinafter “ESIA”)].” The State observed that, according to the Judgment,
the impact caused by any concession must not be of such nature that amounts to a denial
of the survival of the Saramaka people. The State presented two requests for interpretation
related to this issue. First, it asked the Court to elaborate on the meaning and scope of
environmental and social impact assessments. Second, it requested the Court to define the
level of impact that is acceptable to protect the survival of the Saramaka. The State
emphasized that an unbalanced interpretation of this requirement could lead to an
obstruction of the development of Suriname.
29.
Regarding the meaning and scope of the State’s obligation to guarantee the survival
of the Saramaka people, the Commission understood the State to be asking the Court to
confirm that there are acceptable levels of “impact” a proposed development plan may have
on the Saramaka, as long as that impact does not amount to a denial of their survival. The
Commission also considered that “when the Court uses the term ‘survival’ it does not refer