16 3. In accordance with the Considering clauses of this Order, the State has not complied with the following obligations established in the Judgment: a) delimit, demarcate, and grant collective title over the territory of the members of the Saramaka people, in accordance with their customary laws, and through previous, effective, and fully informed consultations with the Saramaka people, without prejudice to other tribal and indigenous communities. Until the delimitation, demarcation, and titling of the Saramaka territory has been carried out, Suriname must abstain from acts which might lead agents of the State or third parties acting with its acquiescence or its tolerance to affect the existence, value, use, or enjoyment of the territory to which the members of the Saramaka people are entitled, unless the State obtains the free, informed, and prior consent of the Saramaka people. With regard to the concessions already granted within traditional Saramaka territory, the State must review them in light of the Judgment and the Court’s jurisprudence, in order to evaluate whether a modification of the rights of the concessionaires is necessary in order to preserve the survival of the Saramaka people (Operative Paragraph five of the Judgment and Considering clauses 7 to 21); b) grant the members of the Saramaka people legal recognition of the collective juridical capacity pertaining to the community to which they belong, with the purpose of ensuring the full exercise and enjoyment of their right to communal property, as well as collective access to justice, in accordance with their communal system, customary laws, and traditions (Operative Paragraph six of the Judgment and Considering clauses 27 to 30); c) remove or amend the legal provisions that impede protection of the right to property of the members of the Saramaka people and adopt in its domestic legislation, and through prior, effective and fully informed consultations with the Saramaka people, legislative, administrative, and other measures as may be required to recognize, protect, guarantee, and give legal effect to the right of the members of the Saramaka people to hold collective title of the territory they have traditionally used and occupied, which includes the lands and natural resources necessary for their social, cultural, and economic survival, as well as manage, distribute, and effectively control that territory in accordance with their customary laws and traditional collective land tenure system and without prejudice to other tribal and indigenous communities (Operative Paragraph seven of the Judgment and Considering clauses 27 to 30); d) adopt legislative, administrative, and other measures necessary to recognize and ensure the right of the Saramaka people to be effectively consulted, in accordance with their traditions and customs, or when necessary, the right to give or withhold their free, informed and prior consent with regard to development or investment projects that may affect their territory, and to reasonably share in the benefits of those projects, should they ultimately be carried out. The Saramaka people must be consulted during the process established to comply with this form of reparation (Operative Paragraph eight of the Judgment and Considering clauses 27 to 30); e) ensure that environmental and social impact assessments are conducted by independent and technically competent entities prior to awarding a concession for any development or investment project within traditional Saramaka territory, and implement adequate safeguards and mechanisms in order to minimize the damaging effects such projects may have upon the social, economic, and cultural

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