20 Billiton, the current holder of the concession, commenced mining operations in 1997.112 The activities included, among other things, the construction of a mine (to exploit the Wane I and Wane II deposits) and building of a haul road to access the mine and transport the bauxite. As also mentioned above, the Kaliña and Lokono Peoples were not consulted in the granting of the concession or in the authorization of the mining activities in the Wane Kreek Reserve, and no environmental impact assessments were conducted prior to commencing mining activities.113 66. Mining activities in Suriname are governed by Decree E-58 of May 8, 1986 Containing General Rules for Exploration and Exploitation of Minerals.114 This Decree does not contain provisions regarding protection of indigenous peoples or their rights.115 Although the Wane Kreek Reserve was established with conservationist purposes, the 1986 State Resolution that created it provided, among other things, that existing mining and timber concessions would be respected, thus authorizing the continuation of the bauxite concession inside the Reserve.116 67. In connection with the mining activities, a haul road was constructed inside the concession area.117 Access through the road is permitted for hauling logs, but not for hunting and fishing.118 Bauxite mining requires strip-mining because this mineral is found near the surface of the earth, and dynamite is used in the process; explosions from the use of dynamite can be heard in the villages located near the mining area.119 In addition, indigenous peoples are sometimes denied access for hunting and fishing purposes.120 68. The above-mentioned mining activities have caused considerable damage to the forests and to the flora and fauna of the region, including pollution and reduction in the number of hunting game.121 Suralco and BHP Billiton have done some rehabilitation work in the concession area, particularly in the Wane Hills Mine Site, but the rehabilitation is not complete and may take 112 Annex 6. Petition, para. 78; Submission of Suriname, September 12, 2008, p. 1, and Annex 21. Attachment III to Submission of Suriname, September 12, 2008, Affidavit of Glenn Renaldo Kingswijk. 113 Submission of Suriname, September 12, 2008, p. 14; Annex 6. Petition, paras. 79, 140. 114 Annex 6. Petition, para. 80. Annex 26. Submission of Suriname, March 27, 2012, Annex I, Decree E-58 of May 8, 115 Annex 26. Submission of Suriname, March 27, 2012, Annex I, Decree E-58 of May 8, 1986. 116 Annex 27. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, p. 1986. ii. 117 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. 118 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. 119 Annex 8. Submission of the petitioners, December 22, 2010, Expert Report of Dr. Stuart Kirsch, November 25, 2010, pp.11, 14; Annex 19. Submission of Suriname, September 12, 2008, Annex III, Affidavit of Rudy Emanuel Strijk. 120 Annex 6. Petition, para. 79; Annex 21. Submission of Suriname, September 12, 2008, Annex III, Affidavit of Glen Renaldo Kingswijk; Annex 28. Petition, Annex H, Affidavits of Biswana Rudolf Henry, Biswane Ronny, and Wong A Soy Marvin. 121 Annex 8. Submission of the petitioners, December 22, 2010, Expert Report of Dr. Stuart Kirsch, November 25, 2010, pp. 11, 14; Annex 28. Petition, Annex H, Affidavits of Biswana Rudolf Henry, Biswane Ronny, and Wong A Soy Marvin.

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