the participation of a representative of the Kaliña and Lokono peoples. 328 This plan must
include: (i) a complete updated evaluation of the area affected, by an assessment
prepared by independent experts; (ii) a timetable for the work; (iii) the necessary
measures to remediate any adverse effects of the mining operations, and (iv) measures
to reforest the areas that are still affected by those operations, all of this taking into
account the opinion of the peoples that have been affected, 329 and
b) Establish the necessary mechanisms to monitor and supervise the execution of the
rehabilitation by the company. To this end, the State must appoint an expert in such
matters in order to ensure total compliance with the rehabilitation of the area.
291. Compliance with this measure of reparation is a State obligation that must be completed
within three years. During this period, the State must provide an annual report on the steps
taken to complete the action plan, following its adoption.330
D. Creation of a community development fund
292. The representatives asked that the Court order the State to establish a development
fund as a repository for the funds awarded for the pecuniary and non-pecuniary damage caused
by the violation of the rights of the Kaliña and Lokono peoples. In this regard, the
representatives argued that this community development fund should be set up in a different
way to the funds established in the cases of the Moiwana Community331 and the Saramaka
People,332 both against Suriname, because, in their opinion, these have not functioned
satisfactorily. Thus, the representatives asked that the Court order the State to transfer any
compensation awarded to an entity to be freely identified by the victims and controlled and
autonomously managed by the victims themselves, and that the funds could be used at their
discretion to invest, for example, in health, education, resource management, and other projects
in their territory. Added to this, the representatives underlined that the Kaliña and Lokono
peoples were fully capable of managing the fund, because they had been managing funds
through their traditional institutions and representative organizations for decades. Consequently,
they indicated that they did not want the State to be involved in making decisions about or
managing the fund in question.
293. In its final written arguments, the State disputed the necessity and importance of
establishing any type of development fund for indigenous peoples, because the Government’s
policy was to develop the country equitably in order to improve the quality of life of all
Surinamese peoples, including the indigenous peoples and the Maroons. Nevertheless, the State
affirmed that, if the Court decided to establish a development fund, the State’s participation in
the fund was essential to ensure that the funds were not used inappropriately. It also stated that
its participation in the development funds of the Moiwana Community and the Saramaka People
cases had not been an obstacle for the allocation of the capital.
294. The Commission did not make any explicit comments in this regard, although it asked
that the Kaliña and Lokono peoples be redressed, both individually and collectively, for the
different violations of their rights claimed in this case.
328
Cf. Case of the Kichwa Indigenous People of Sarayaku, supra, para. 293.
329
Cf. Case of the Kichwa Indigenous People of Sarayaku, supra, paras. 294 and 295.
330
Cf. Case of the Kichwa Indigenous People of Sarayaku, supra, para. 295.
331
Cf. Case of the Moiwana Community, supra, paras. 213 to 215.
332
Cf. Case of the Saramaka People, supra, paras. 201 and 202.
75
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents