8
demarcation, and titling of traditional Saramaka territory within three months as of the
date that the decision was served, and that the process was to be completed within three
years of that date.10 Therefore, this measure of reparation should have been
implemented by December 2010, at the latest.11
12.
Consequently, this Court finds that the State has not complied with this obligation
and must thus submit updated and detailed information on the specific measures it is
implementing in order to delimit, demarcate, and title Saramaka territories as indicated
in the Judgment (supra Having Seen clause 1). Additionally, the State must report on the
specific actions it is taking in order to consult the Saramaka people on the
implementation of this particular order, as well as on the results of those consultations.
The State must also submit a detailed schedule for compliance with this obligation, given
that it has already failed to meet the deadlines established in the Judgment, and it must
tender the map referred to in the State's and the representatives' submissions (supra
Considering clauses 8 and 9). Finally, the Court reminds the State that timely compliance
with requests for information is an obligation under Article 68(1) of the Convention
(supra Considering clauses 3, 5, and 6).
a.2) The duty to abstain from acts which might lead agents of the State or
third parties acting with its acquiescence or tolerance to affect the
existence, value, use or enjoyment of Saramaka territories before their
delimitation, demarcation, and titling has been carried out, and the duty
to review concessions granted prior to the issuance of the Judgment
13.
The State did not report on its compliance with the duty to review concessions
existing on Saramaka territories prior to the issuance of the Judgment. With respect to
the granting of new concessions in that territory (infra Considering clause 14), the State
indicated that “The Ministry of Regional Development is in the process of gathering […]
information [on this point] from the Ministry of Physical Planning, Land and Forest
Management.” When that information was gathered, “involved agencies [would] be
informed and corrective measures [would] be taken, where needed.”
14.
The representatives stated that they “are not aware of any efforts by the State to
review [concessions existing] within Saramaka territory” before the Judgment was
issued. Furthermore, during the private hearing, the representatives informed the Court
that at least six logging and mining concessions had been granted in Saramaka territory
since the date the Judgment was issued, allegedly without notice or consultation with the
Saramaka people, and that several of these activities would require the latter's consent.
According to the representatives, none of these concessions “have been revoked or
modified by the State – despite formal petitions submitted by the Saramaka requesting
the same. [Nor] has the State responded to their requests for information about these
concessions.” To the best of the representatives' knowledge, “none of the logging
concessions issued in Saramaka territory have been or are presently being exploited.”
However, the stone mining concession “has been operational for over a year[,][…] to the
extreme detriment of nearby Saramaka families […]. [According to the representatives,
the] adverse impacts include the destruction of farming areas, extensive pollution of air
and water sources by mining waste, the usurpation and denial of Saramaka ownership
rights over [those] lands and resources, and the denial of their right to effectively control
their traditional territory.” Moreover, the concession was allegedly issued without the
completion of a “prior and independent environmental and social impact assessment and
10
Cf. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of November 28, 2007. Series C No. 172, para. 194 a).
11
The Judgment was served upon the State on December 19, 2007.