13
e) Duty to finance two radio broadcasts, in the Saramaka language, of parts of
the Judgment, including Operative Paragraphs one through fifteen, in a radio
station accessible to the Saramaka people (Operative Paragraph twelve of the
Judgment)
35.
The State reported that it had published the Judgment “in episodes,” pursuant to
an agreement with the Association of Saramaka Authorities, through six radio stations,
three of Paramaribo and three of the interior. Of the six broadcasts, all carried out in the
year 2010, three were in the Saramaka language.19
36.
The representatives “acknowledge[d] that broadcasts of the [J]udgment via radio
stations took place.”
37.
The Commission did not specifically refer to this obligation in its most recent
communications to the Court.
38.
In consideration of the information submitted by the State and the
representatives, the Court finds that the State has complied with Operative Paragraph
twelve of the Judgment.
f) Duty to allocate the amounts set in the Judgment as compensation for
pecuniary and non-pecuniary damages in a community development fund
created and established for the benefit of the members of the Saramaka people
in their traditional territory (Operative Paragraph thirteen of the Judgment)
39.
The State reported that “the foundation for the Saramaka people Community
Development Fund was established in compliance with the [order of the Court requiring
that it] be staffed by a representative of the Saramaka people, a representative of the
State[,] and a joint representative.” It also stated that “[a]n amount of [USD
$600,000.00 (six hundred thousand dollars of the United States of America) had already
been] transferred to the account [of the Development Fund,] and about [USD $5,151.51
(five thousand one hundred fifty one and 51/100 dollars of the United States of America)
had already been] used for a meeting (Grankrutu) with the traditional authorities of the
Saramaka clan [held on December 17, 2010].”
40.
In their brief of July 15, 2011 (supra Having Seen clause 11), the representatives
acknowledged that “the funds have been transmitted to the development fund ordered
by the Court,” but indicated that “no funds ha[d] been used for activities in Saramaka
territory to date.”
41.
In its brief of July 19, 2011, the Commission indicated that “the State did not
submit information as to how and when the development fund [would] start working, nor
as to the amount of money deposited into the fund.”
42.
The Court notes that in its Judgment, it ordered the payment of USD $75,000.00
(seventy-five thousand dollars of the United States of America) in pecuniary damages
and of USD $600,000.00 (six hundred thousand dollars of the United States of America)
in non-pecuniary damages into a community development fund.20 The Tribunal also
19
The State submitted the names of the six radio stations it hired to broadcast the Judgment. In
Paramaribo, the Judgment was broadcasted in the months of July, March, and August 2010, with the March
broadcast done in the Saramaka language. In the interior, the three broadcasts were carried out in December
2010. The first two of these were done in the Saramaka language.
20
Cf. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs,
supra note 10, paras. 199 and 201.