16
peoples.75 In 2006 there was an incident in which local indigenous inhabitants were near the post,
and one of the guards fired a shot in the air in the direction of the indigenous persons.76
3.
Wane Kreek Reserve
55.
On August 26, 1986, after its independence the government of Suriname established
the Wane Kreek Nature Reserve.77 This Reserve was created for the conservation of savannas,
marsh and ridge forests and swamps, and other biological diversity.78 This Reserve, like the Wia
Wia and Galibi Reserves, includes lands that the Kaliña and Lokono claim they have ancestrally and
traditionally owned and used. It is undisputed that the Kaliña and Lokono traditionally hunt and
fish inside the Wane Kreek Nature Reserve.79
56.
The 1986 State Decree creating the Wane Kreek Reserves provides that to the extent
there are “villages and settlements of bushland inhabitants living in tribal form, within the areas
designated by this State Decree as nature reserves, the rights acquired by virtue thereof, will be
respected.”80 The State’s position is that traditional activities of indigenous peoples are to be
respected “as much as possible.”81
57.
A bauxite82 mining concession was granted in 1958, and mining activities inside the
Wane Kreek Reserve began in 1997.83 The concession area is approximately 100 hectares, inside
75
Annex 6. Petition, para. 91; Submission of Suriname, September 12, 2008, p. 9.
76
Annex 6. Petition, para. 91; Submission of Suriname, September 12, 2008, p. 9, and Annex 18. Attachment I,
Affidavit of Ferdinand Baal and Bryan Drakenstein, p. 2, describing the shot to the air as “appropriate police response to civil
disobedience.“
77
Annex 6. Petition, para. 83; Annex 20. Submission of petitioners, May 29, 2008, Annex D, State Decree of 26 August
1986, Nature Protection Decree 1986.
78
Submission of Suriname, March 22, 2008, p. 6.
79
Annex 6. Petition, para. 86, 142; Submission of Suriname, September 12, 2008, p. 10, and Annex 21. Attachment III
to Submission of Suriname, September 12, 2008, Affidavit of Glenn Renaldo Kingswijk.
80
Annex 20. Submission of petitioners, May 29, 2008, Annex D, Nature Protection Decree of August 26, 1986, Article
81
Annex 21. Submission of Suriname, September 12, 2008, Attachment III, Affidavit of Glenn Renaldo Kingswijk.
4.
82
Bauxite is an aluminum ore and the main source of common aluminum. In a report titled Environmental Aspects of
Bauxite, Alumina and Aluminum Production in Brazil, the United Nations Conference on Trade and Development has explained
that “[t]he main environmental problems associated with bauxite mining are related to the rehabilitation of mined-out areas
and the disposal of tailings. Emissions of dust consisting of clay and bauxite particles from dryers’ chimneys can also pose
problems. In alumina production, the disposal of bauxite residue saturated with caustic soda ("red mud") is the main problem,
although emissions to the atmosphere of gases and particles from boilers, calcination furnaces and bauxite dryers may also be
important. In aluminum smelting, the emission of fluorides from reduction cells and of gases, smoke and steam resulting from
pitch distillation are considered most important. Finally, in aluminum fabrication, emissions of gases and particles from
smelting and re-heating furnaces pose the largest problems.” UNCTAD, Environmental Aspects of Bauxite, Alumina and
Aluminum
Production
in
Brazil,
February
8,
1995,
UNCTAD/COM/49,
p.
13.
Available
at:
http://unctad.org/en/Docs/pocomd49.en.pdf. In a report about “Environmental Issues Related to Bauxite Mining and
Processing, With Emphasis on Biodiversity and Water,” the Bauxite Instituut discusses the consequences of bauxite mining in
Suriname, and explains that bauxite mining can have very drastic effects on the environment, including pollution of water
sources
and
coastal
areas,
as
well
as
significant
soil
degradation.
available
at:
http://www.bauxietinstituut.com/files/Environmental%20problems%20related%20to%20bauxite%20mining%20and%20proces
sing-Paul%20Ouboter.pdf.