18
village of Alfonsdorp has led to tensions in the area and, “[a]s it stands now, it is
entirely possible that the five houses constructed by the State are in a location that
will not be agreed to by the indigenous peoples and other Cottica N'djuka
communities and […] will therefore have to be dismantled and moved elsewhere.”
Finally, the representatives indicated that the draft report issued by the Amazon
Conservation Team as part of the SSDI project (supra Considering Clause 19) is
“inaccurate to the extent that it claims that the State is leading an adequate and
effective participation process” toward a long-term development plan. According to
the representatives, the draft report also suggests that the Moiwana Community
leadership should apply for legal status either as a traditional authority under the
Minister of Regional Development or as an independent foundation so that the State
may transfer responsibility for administrative and financial matters to Community
leaders.”
36.
The Commission “recognize[d] and value[d] that [the State] has transferred
the majority of the total sum of funds ordered by the Court.” However, it stated that
“the information [provided by the State] is unclear as to the [amount pending] and
as to the specific date [on] which [the final transfer will be carried out].” Therefore,
the Commission requested that the Court require the State to submit this
information, as well as documentation to certify previous transfers. It also expressed
concern that “no information has been provided by the State to indicate the
amounts” that health, housing, and educational projects for the Moiwana Community
have received. Furthermore, the Commission inquired as to the precise location of
the houses constructed by the State and as to whether the victims had been
informed of their construction, and expressed concern that the houses may have
been erected on territory that did not belong to the Moiwana.
37.
The Court values that the State has taken steps toward the implementation of
this order. It notes, in particular, that the State has transferred at least some of the
monies ordered in the Judgment35 to the development fund and has submitted video
footage of the houses it has built for the Moiwana Community. Even so, the Court
considers that the information provided by the State is insufficient for the purpose of
evaluating the extent of its compliance, particularly with respect to the five following
issues: 1) the amount of the monies transferred to the development fund; 2) the
construction of houses; 3) the location of these houses; 4) the construction of
facilities for education and healthcare; and 5) the status of the SSDI project. First,
according to the schedule submitted to the Tribunal, the total amount ordered in the
Judgment was to be paid in five installments; four of these were scheduled to be
paid over the years 2006 to 2009 and one was scheduled for the year 2010.
Therefore, it is not clear what the State means when it indicates that the “last two
transfer[s] of funds” were sent on October 5, 2010, and that one remains pending.
The Court notes that the State has not indicated the date on which it will pay the
total amount awarded in the Judgment to the development fund; nor is it clear
whether the State has paid interest on the amounts owed to the Community.
Second, the Court notes that the Amazon Conservation Team’s May 2009 draft
report issued as part of the SSDI project (supra Considering clause 19) refers to the
construction of five of the thirty houses that are to be built and indicates that “[t]he
35
The Court ordered the transfer of US $1,200,000.00 to the development fund. Cf. Case of the
Moiwana Community v. Suriname, supra note 8, para. 214.