-7B. Request for provisional measures in relation to a mining exploitation 18. The representatives’ second request for provisional measures refers to a mineral exploitation project that has allegedly been awarded to IAMGOLD, and which could start “at any time,” and which would have “severe effects” on the subsistence practices, spiritual freedom, and the land and culture of the Saramaka. In addition, this project would affect the viability of the Saramaka territory for present and future generations, in violation of the requirements of the Court in its Judgment (supra having seen paragraphs 14). 19. In this regard, the Court recalls that, in its Judgment, it ruled on this matter in paragraphs 97 to 106, 129 to 137, 140, 143 to 148, 155, 157, 158 and 194, and also determined in the declarative paragraphs that: 5. The State shall delimit, demarcate, and grant collective title over the territory of the members of the Saramaka people, in accordance with their customary laws, and through previous, effective and fully informed consultations with the Saramaka people, without prejudice to other tribal and indigenous communities. Until the said delimitation, demarcation, and titling of the Saramaka territory has been carried out, Suriname must abstain from acts which might lead the agents of the State itself, or third parties acting with its acquiescence or its tolerance, to affect the existence, value, use or enjoyment of the territory to which the members of the Saramaka people are entitled, unless the State obtains the free, informed and prior consent of the Saramaka people […]. […] 7. The State shall remove or amend the legal provisions that impede protection of the right to property of the members of the Saramaka people and adopt, in its domestic legislation, and through prior, effective and fully informed consultations with the Saramaka people, legislative, administrative, and other measures as may be required to recognize, protect, guarantee and give legal effect to the right of the members of the Saramaka people to hold collective title to the territory they have traditionally used and occupied, which includes the lands and natural resources necessary for their social, cultural and economic survival, as well as to manage, distribute, and effectively control such territory, in accordance with their customary laws and traditional collective land tenure system, and without prejudice to other tribal and indigenous communities […]. 8. The State shall adopt legislative, administrative and other measures necessary to recognize and ensure the right of the Saramaka people to be effectively consulted, in accordance with their traditions and customs, or when necessary, the right to give or withhold their free, informed and prior consent, with regard to development or investment projects that may affect their territory, and to reasonably share the benefits of such projects with the members of the Saramaka people, should these be ultimately carried out […]. 9. The State shall ensure that environmental and social impact assessments are conducted by independent and technically competent entities, prior to awarding a concession for any development or investment project within traditional Saramaka territory, and implement adequate safeguards and mechanisms in order to minimize the damaging effects such projects may have upon the social, economic and cultural survival of the Saramaka people […]. 20. With regard to the measures ordered implementation by means of the procedure of context, adopted an Order on November 23, measures described above (supra considering the State to adopt all necessary measures to operative paragraphs pending compliance. 12 in the Judgment, the Court is supervising their monitoring compliance with judgment and, in this 2011. In this Order, the Court declared that the paragraph 19) had not been fulfilled and required comply effectively and promptly with each of the 12 Cf. Case of the Saramaka People v. Suriname. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 23, 2011, second and third operative paragraphs.

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