Lokono peoples (supra paras. 91 and 92). In this regard, according to various testimonies 253, extraction operations had a widespread impact on this area, because the noise of the construction work and the frequent dynamite explosions caused the animals and birds to leave the area; the streams were contaminated, thus harming the fishing; the cutting down of trees and the noise of the operations drove away different types of wildlife, thereby affecting the hunting,254 and the soil was affected so that many of the traditional plants stopped growing. In addition, other adverse effects resulted from the construction of the highway to transport the bauxite.255 218. These negative impacts on the environment and the indigenous natural resources were also acknowledged in the 2005 Environmental Sensitivity Analysis prepared for NV BHP Billiton Maatschappij Suriname, because it concluded that the Wane 1 and Wane 2 sections had suffered considerable environmental damage as a result of the open-cast mining of bauxite. Moreover, the recommendations made by the assessment included: (i) that the companies commit to not mining Wane 3 and Wane 4 and avoid further environmental degradation; (ii) that the exploration and extraction activities be ended as soon as possible; (iii) that the damaged areas be rehabilitated, and (iv) that the companies withdraw from the Wane Kreek Nature Reserve256 (supra para. 91). 219. In this regard, the mining companies have put in place certain policies for the rehabilitation of the area. According to evidence provided by the State following the visit,257 Wane 1 and 2 would be rehabilitated by August 2015 (supra para. 93), and the estimated growth of what has been planted would be 70-80%, although in other areas there could be a lower rate of growth.258 However, the representatives stressed that this contradicted the photographs showing the devastated area provided as evidence, and the testimony of the victims (supra para. 92). Consequently, the representatives indicated that there is no certainty that the rehabilitation measures will be successful because, for example, the trees that have been planted have not attained the size anticipated and, therefore, it is expected that the rehabilitation of all the territory affected will take a long time.259 220. During its on-site procedure, the Court verified that the area had clearly been damaged and the landscape altered radically (supra para. 93). Hence, it finds that, to date, the actions taken have not met the objectives established for the satisfactory rehabilitation of the territory in question, especially considering that it is a nature reserve and a protected area. 221. In this regard, the State has the obligation to protect the areas of both the nature reserve and the traditional territories in order to prevent damage to the indigenous lands, even 253 According to the expert opinion of Dr. Stuart Kirsh, the Wane Kreek Nature Reserve has become a, de facto, extractive zone for mining natural resources with negative effects for the environment and prejudicial consequences for the indigenous peoples. Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folios 357 to 360). 254 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 450), and Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folio 360). 255 For example, legal and illegal logging activities, poaching, sand and gravel mining and, recently, the mining of kaolin. Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 450). 256 Cf. Environmental sensitivity analysis of the Wane 4 Concession, July 4, 2005 (merits file, folio 390). 257 Cf. Memorandum of August 2015 prepared by the Bauxite Institute of Suriname on the rehabilitation of Wane Kreek Hills (evidence file, folio 3076). 258 Cf. Memorandum of August 2015 prepared by the Bauxite Institute of Suriname on the rehabilitation of Wane Kreek Hills, supra (evidence file, folio 3076). 259 Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folios 359 to 362). 58

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