9
without the institution of effective mitigating measures.”
15.
The representatives also informed the Court of a project for the upgrading of the
Afobaka Road in Saramaka territory. While the Saramaka are not necessarily opposed to
the project, the representatives highlighted that they had not been consulted on the
matter, despite the fact that the upgrade “will greatly increase access to Saramaka
territory by a variety of users.” The representatives also indicated that the InterAmerican Development Bank did not disburse funds requested by the State for the
purpose of conducting environmental and social impact assessments of this project.
Finally, in their observations to the State's communication of July 29, 2011, the
representatives alleged that “the State ha[d] […] issued a land title within Saramaka
territory […] on 16 July 2010” in the name of a private company “for the purpose of
maintaining a tourism resort,” without the effective participation of the Saramaka people.
The representatives maintained that this represents “an internationally illegitimate
expropriation of Saramaka lands in fav[o]r of a non-Saramaka person without […] due
process.” In light of the above, the representatives requested that the Court order the
State to immediately revoke both the land title and the concessions granted in Saramaka
territory after the Judgment was issued, to “immediately commenc[e] structured
discussions with the Saramaka people [on] the road upgrade so as to obtain their
consent, including [with respect to] how appropriate ESIAs may be undertaken with their
effective participation and in accordance with international standards and best practice,
and [to] compensat[e] the Saramaka for any damages sustained to date.”
16.
The Commission considered “the fact that the State ha[d] allegedly granted new
concessions and land titles [in Saramaka territory] after the […] judgment” had been
served to be of “grave concern.” Thus, it requested that the Court require the State to
submit “complete and detailed information” on this matter.
17.
The Court notes that despite its repeated requests (supra Having Seen clauses 7,
10, and 13), the State has not adequately reported on the measures taken to review
concessions existing in Saramaka territory prior to the issuance of the Judgment, nor on
the alleged upgrades to the Afobaka road or the logging and mining concessions allegedly
granted in Saramaka territory after the Judgment was served. Regarding this latter point,
the Court observes that the representatives have submitted evidence that a mining
concession was granted in Saramaka territory in April of 2008,12 that a logging
concession was granted in May 2010,13 and, in its observations to the State's
communication of July 29, 2011, that a land lease was granted to the “Anaula Nature
Resort NV” on July 16, 2010 for the purpose of carrying out “tourism activities.”14
18.
In that regard, the Court reminds the State that in its Judgment, it ordered
Suriname to abstain, until the delimitation, demarcation, and titling of Saramaka territory
has been carried out, from acts which might lead the agents of the State or third parties
acting with its acquiescence or tolerance to affect the existence, value, use, or enjoyment
of that territory, unless the State had obtained the free, informed, and prior consent of
the Saramaka people.15 At the same time, the Court held that:
12
Cf. Letter of the Ministry of Natural Resources, Geological and Mining Department, of December 14,
2009 (case file on monitoring of compliance, tome I, folio 267).
13
Cf. Grant of concession from the Minister of Physical Planning, Land and Forest Management to
Kayserberg Industry N.V. (case file on monitoring of compliance, tome I, folio 553).
14
Cf. Grant of land lease for tourism activities from the Minister of Physical Planning, Land and Forest
Management to Anaula Nature Resort NV (case file on monitoring of compliance, tome I, folio 658).
15
Cf. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs,
supra note 10, para. 194 a).