82 affect the existence, value, use or enjoyment of the property located in the geographical area where the Moiwana community members traditionally lived until the events of November 29, 1986. c) State guarantees of safety for those community members who decide to return to Moiwana Village 212. The Court is aware that the Moiwana community members do not wish to return to their traditional lands until: 1) the territory is purified according to cultural rituals; and 2) they no longer fear that further hostilities will be directed toward their community. Neither of these elements is possible without an effective investigation and judicial process, leading to the clarification of the facts and punishment of the responsible parties. As these processes are carried out and led to conclusion, only the community members themselves can decide when exactly it would be appropriate to return to Moiwana Village. When community members eventually are satisfied that the necessary conditions have been reached so as to permit their return, the State shall guarantee their safety. To that effect, upon the community members’ return to Moiwana Village, the State shall send representatives every month to Moiwana Village during the first year, in order to consult with the Moiwana residents. If the community members express concern regarding their safety during those monthly meetings, the State must take appropriate measures to guarantee their security, which shall be designed in strict consultation with said community members. d) Developmental fund 213. As the 1986 military operation destroyed Moiwana Village property and forced survivors to flee, both the representatives and the Commission have emphasized the necessity of implementing a developmental program that would provide basic social services to the community members upon their return. The State, for its part, has shown willingness “to pay for the reasonable costs of survivors and family members to commence cultural activities […], with regard to the occurrences [of November 29, 1986].” 214. In that regard, this Court rules that Suriname shall establish a developmental fund, to consist of US $1,200,000 (one million, two hundred thousand dollars of the United States of America), which will be directed to health, housing and educational programs for the Moiwana community members. The specific aspects of said programs shall be determined by an implementation committee, which is described in the following paragraph, and shall be completed within a period of five years from the date of notification of the present judgment. 215. The abovementioned committee will be in charge of determining how the developmental fund is implemented and will be comprised of three members. The committee shall have a representative designated by the victims and another shall be chosen by the State; the third member shall be selected through and agreement between the representatives of the victims and the State. If the State and the representatives of the victims have not arrived at an agreement regarding the composition of the implementation committee within six months from the date of notification of the present judgment, the Court will convene them to a meeting in order to decide upon the matter.

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