together, the three reserves cover approximately 59,800 ha of the 133,945 ha claimed in this
case.
72.
The nature reserves were established based on the 1954 Nature Protection Act. 84 This act,
following the amendments made in 1980 and 1992, establishes that the President of Suriname is
authorized to designate, by order, lands and water that are State property as a nature reserve. 85
73.
Furthermore, article 5(c) of this act stipulates that hunting and fishing are forbidden
within a nature reserve.86 In this regard, Ferdinand Baal, Bryan Drakenstein and Claudine
Sakimin, who were Directors of the Nature Conservation Division from 1978 to date, have
indicated that the 1954 Nature Protection Act did not include the recognition of rights to the
indigenous peoples in relation to their customs and traditions.87
E.1 The Wia Wia and Galibi Nature Reserves
74.
The Wia Wia and Galibi Nature Reserves were established by the Governor of Suriname
on April 22, 1966,88 and May 26, 1969,89 respectively, during the Dutch colonial administration,
in order to protect the nesting beaches of the sea turtles.90 The nearest communities to these
reserves are Christiaankondre and Langamankondre; however, they are known locally as
Galibi.91
75.
The former Directors of the Nature Conservation Division, Ferdinand Baal and Bryan
Drakenstein, affirmed that there were no indigenous peoples’ settlements in the territory
designated as nature reserves and that no indigenous person was displaced in the context of the
establishment or the permanence of the reserves.92
76.
However, both expert witness Stuart Kirsh and Captain Ricardo Pané, leader of the
community of Christiaankondre, contradicted this version. In this regard, Mr. Kirsh indicated that
some agricultural plots and houses that were located inside the nature reserves had to be
relocated.93 While Captain Pané affirmed that he had witnessed situations in which the police had
84
Cf. Affidavit made by Ferdinand Baal and Bryan Drakenstein on September 12, 2008 (evidence file, folio 351), and
Affidavit made by Claudine Sakimin on January 27, 2015 (merits file, folio 477).
85
Cf. The 1954 Nature Protection Act, Article 1: “To protect and preserve the natural resources present in Suriname,
after hearing the Council of State, the President may designate by order lands and waters part of the State Property as a
nature reserve” (evidence file, folio 2743).
86
Cf. Nature Protection Act, Article 5: “In a nature reserve it is prohibited to hunt, fish, and to have oneself with a
dog, a firearm or any hunting or trapping device without an authorization from the Head of the State Forest Management
Service” (evidence file, folio 2743).
87
Cf. Affidavit made by Ferdinand Baal and Bryan Drakenstein on September 12, 2008 (evidence file, folio 351), and
Affidavit made by Claudine Sakimin on January 27, 2015 (merits file, folio 480).
88
Cf. The Wia Wia Nature Protection Order of April 22, 1966 (evidence file, folio 2759).
89
Cf. The Galibi Nature Protection Order of May 26, 1969 (evidence file, folio 2765).
90
Cf. Affidavit made by Ferdinand Baal and Bryan Drakenstein on September 12, 2008 (evidence file, folio 351);
Traditional use and management of the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file, folio 142),
Affidavit made by Stuart Kirsh on January 27, 2015 (merits file, folio 351).
91
Cf. Affidavit made by Ferdinand Baal and Bryan Drakenstein on September 12, 2008 (evidence file, folio 352);
Affidavit made by Claudine Sakimin on January 27, 2015 (merits file, folio 481), and Traditional use and management of
the Lower Marowijne area by the Kaliña and Lokono, supra (evidence file, folio 49).
92
Cf. Affidavit made by Ferdinand Baal and Bryan Drakenstein on September 12, 2008 (evidence file, folio 351).
93
Cf. Affidavit made by Stuart Kirsh on January 27, 2015 (merits file, folio 351).
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