14 55. In the instant case, there is some difference of opinion between the parties as to who the successors of the victims are. The Commission urges that this decision be made with reference to the customs of the Saramaka tribe, whereas Suriname requests that its civil law be applied. The Court earlier stated that the obligation to make reparation provided in Article 63(1) of the American Convention is governed by international law, which also applies to the determination of the manner of compensation and the beneficiaries thereof (supra, para. 44). Nevertheless, it is useful to refer to the national family law in force, for certain aspects of it may be relevant. 56. The Saramakas are a tribe that lives in Surinamese territory and was formed by African slaves fleeing from their Dutch owners. The Commission’s brief affirms that the Saramakas enjoy internal autonomy by virtue of a treaty dated September 19, 1762, which granted them permission to be governed by their own laws. It also states that these people “acquired their rights on the basis of a treaty entered into with the Netherlands, which recognizes, among other things, the local authority of the Saramaka (sic) over their own territory.” The text of the treaty is attached to the brief in question, which adds that “the obligations of the treaty are applicable, by succession, to the state (sic) of Suriname.” 57. The Court does not deem it necessary to investigate whether or not that agreement is an international treaty. Suffice it to say that even if that were the case, the treaty would today be null and void because it contradicts the norms of jus cogens superveniens. In point of fact, under that treaty the Saramakas undertake to, among other things, capture any slaves that have deserted, take them prisoner and return them to the Governor of Suriname, who will pay from 10 to 50 florins per slave, depending on the distance of the place where they were apprehended. Another article empowers the Saramakas to sell to the Dutch any other prisoners they might take, as slaves. No treaty of that nature may be invoked before an international human rights tribunal. 58. The Commission has pointed out that it does not seek to portray the Saramakas as a community that currently enjoys international juridical status; rather, the autonomy it claims for the tribe is one governed by domestic public law. The Court does not deem it necessary to determine whether the Saramakas enjoy legislative and jurisdictional autonomy within the region they occupy. The only question of importance here is whether the laws of Suriname in the area of family law apply to the Saramaka tribe. On this issue, the evidence offered leads to the conclusion that Surinamese family law is not effective insofar as the Saramakas are concerned. The members of the tribe are unaware of it and adhere to their own rules. The State for its part does not provide the facilities necessary for the registration of births, marriages, and deaths, an essential requirement for the enforcement of Surinamese law. Furthermore, the Saramakas do not bring the conflicts that arise over such matters before the State’s tribunals, whose role in these areas is practically non-existent with respect to the Saramakas. It should be pointed out that, in the instant case, Suriname recognized the existence of a Saramaka customary law. The only evidence produced to the contrary is the statement made by Mr. Ramón de Freitas. However, the manner in which that witness testified, his attitude during the

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