-6- iv. v. the NCLR has no funds to fulfill its mandate; and the mandate of the NCLR is merely to investigate the situation and advise the government with regard to policy or approaches towards land rights rather than to undertake any concrete action. Further executive and legislative action would be required to give effect to any recommendation produced by the NCLR; o) the property rights of the Moiwana community and the Cottica N’djuka people as a whole can only be effectively recognized and protected after Suriname has adopted legislative measures to that end which recognize the legal personality of indigenous and tribal peoples and their communities for the purposes of holding and exercising rights, which at this moment do not exist under Surinamese law; p) the existence of the NCLR does not relieve the State of its obligation to comply with the specific order of the Court to secure the ownership rights of the Moiwana community in relation to their traditional territories from which it was expelled. Nor does it relieve the State of its obligations to ensure that the victims and their neighboring indigenous communities are consulted about legislative and administrative measures and consent to delimitation, demarcation and titling. q) the Representatives requested the Court to order that: i. Suriname provide detailed information on any progress it may have made in carrying out an investigation and initiating a judicial process within a specific period of time; ii. the State agree with the victims and representatives on a mechanism by which their testimony can be taken, with due guarantees for their safety, and that the nature of this mechanism be reported in writing to the Court within a specific period of time; iii. Suriname immediately transfer the award costs, plus accrued interest, to Association Moiwana, Strichting Moiwana and the Forest Peoples Programme; iv. the State immediately transfer the sum of US $1,200,000, or at minimum, a first annual installment of this amount, to a bank account in the name of the SFOMG, and that an annual operating budget which covers travel and related expenses for Mr. Ajintoena, be separately allocated to the SFOMG; v. NCLR meet with the Moiwana community and its representatives, the representatives of the Cottica N’djuka people and the neighboring indigenous peoples’ communities to discuss implementation of the Court’s orders set forth in paragraph 209-211 of the Judgment. 7. The brief dated August 31, 2006, and its attachments, in which the InterAmerican Commission on Human Rights (hereinafter “the Commission”) submitted its comments on the State’s first report on the measures taken in compliance with the Judgment. The Commission observed that: a) the State has complied with several key measures, including a public apology by the President of Suriname in the name of the State, and the payment of compensation to many of the survivors and family members. Compliance with these requirements of the Court is of unprecedented historical importance in Suriname and represents an important vindication for the victims; b) with respect to the obligation to investigate, prosecute and punish those responsible, the State has provided no information to demonstrate concrete measures taken or advances realized. Information from and since the attack, as

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos