-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
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