10
in accordance with Article 1(1) of the Convention, in order to guarantee that restrictions to the
property rights of the members of the Saramaka people by the issuance of concessions within
their territory does not amount to a denial of their survival as a tribal people, the State must
abide by the following three safeguards: [f]irst, the State must ensure the effective participation
of the members of the Saramaka people, in conformity with their customs and traditions,
regarding any development, investment, exploration[,] or extraction plan […]16 within Saramaka
territory[;] [s]econd, the State must guarantee that the Saramak[a] will receive a reasonable
benefit from any such plan within their territory[;] [and third,] the State must ensure that no
concession will be issued within Saramaka territory unless and until independent and technically
capable entities, with the State’s supervision, perform a prior environmental and social impact
17
assessment.
19.
In light of the above, given that the titling of Saramaka lands has not yet been
carried out (supra Considering clause 12), the Court considers that the granting of any
new concessions in those territories after December 19, 2007, the date on which the
Judgment was served, without the consent of the Saramaka and without prior
environmental and social impact assessments, would constitute a direct contravention of
the Court's decision and, accordingly, of the State's international treaty obligations
(supra Considering clauses 3-6).
20.
Consequently, the Court finds that the State must provide detailed information on
whether it has reviewed concessions existing in Saramaka territory prior to the issuance
of the Judgment. For each of these concessions, the State must report on: whether it has
consulted with the Saramaka and ensured their effective participation in those reviews;
how it is guaranteeing that the Saramaka will receive reasonable benefits from those
concessions; and whether environmental and social impact assessments have been
carried out. In addition, the State must report on all of the logging and mining
concessions allegedly granted after the Judgment was served; on the title of land lease
apparently granted to the “Anaula Nature Resort NV”; on any upgrades to the Afobaka
road in Saramaka territory; and on any other action that could affect the existence,
value, use, or enjoyment of the territory of the members of the Saramaka people.
21.
With respect to the representatives' request that the Tribunal order the immediate
revocation of the land title and concessions issued after the Judgment was served and
that it compensate the Saramaka for any damages sustained to date due to upgrades on
the Afobaka road (Considering clause 15), the Court notes that this was not ordered in
the Judgment, and, therefore, exceeds the object of the present proceedings for
monitoring compliance with the Saramaka Judgment. Consequently, the Court cannot
grant the representatives’ request.
b) The duty to ensure that environmental and social impact assessments are
conducted prior to awarding a concession for any development or investment
project within traditional Saramaka territory, and to implement adequate
safeguards in order to minimize the damaging effects such projects may have
upon the social, economic, and cultural survival of the Saramaka people
(Operative Paragraph nine)
22.
The State indicated that information on whether environmental and social impact
16
“By ‘development or investment plan,’ the Court mean[t] any proposed activity that may affect the
integrity of the lands and natural resources within the territory of the Saramaka people, particularly any
proposal to grant logging or mining concessions.” Cf. Case of the Saramaka People v. Suriname. Preliminary
Objections, Merits, Reparations, and Costs, supra note 10, footnote 127.
17
Cf. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs,
supra note 10, para. 129.