23
members of the Saramaka people have a right to use and enjoy the natural resources that
lie on and within their alleged traditionally owned territory; fifth, whether and to what
extent the State may grant concessions for the exploration and extraction of natural
resources found on and within alleged Saramaka territory; sixth, whether the concessions
already issued by the State comply with the safeguards established under international law;
seventh, whether the lack of recognition of the Saramaka people as a juridical personality
makes them ineligible under domestic law to receive communal title to property as a tribal
community and to have equal access to judicial protection of their property rights; and
finally, whether there are adequate and effective legal remedies available in Suriname to
protect the members of the Saramaka people against acts that violate their alleged right to
the use and enjoyment of communal property.
A.
THE MEMBERS OF THE
SARAMAKA
PEOPLE AS A TRIBAL COMMUNITY SUBJECT TO SPECIAL
MEASURES THAT ENSURE THE FULL EXERCISE OF THEIR RIGHTS
78.
The Commission and the representatives alleged that the Saramaka people make up
a tribal community and that international human rights law imposes an obligation on the
State to adopt special measures to guarantee the recognition of tribal peoples’ rights,
including the right to collectively own property. The State disputed whether the Saramaka
people could be defined as a tribal community subject to the protection of international
human rights law regarding their alleged right to collectively own property. The Court must
therefore analyze whether the members of the Saramaka people make up a tribal
community, and if so, whether it is subject to special measures that guarantee the full
exercise of their rights.
79.
First of all, the Court observes that the Saramaka people are not indigenous to the
region they inhabit; they were instead brought to what is now known as Suriname during
the colonization period (infra, para. 80). Therefore, they are asserting their rights as alleged
tribal peoples, that is, not indigenous to the region, but that share similar characteristics
with indigenous peoples, such as having social, cultural and economic traditions different
from other sections of the national community, identifying themselves with their ancestral
territories, and regulating themselves, at least partially, by their own norms, customs, and
traditions.
A.1) The members of the Saramaka people as a distinct social, cultural and economic
group with a special relationship with its ancestral territory
80.
According to the evidence submitted by the parties, the Saramaka people are one of
the six distinct Maroon groups in Suriname whose ancestors were African slaves forcibly
taken to Suriname during the European colonization in the 17th century.61 Their ancestors
escaped to the interior regions of the country where they established autonomous
communities.62 The Saramaka people are organized in twelve matrilineal clans (lös), and it
is estimated that the contemporary size of the Saramaka population ranges from 25,000 to
61
This fact is recognized by the State (Merits, volume II, folio 291). Cf. also Testimony of Head Captain and
Fiscali Wazen Eduards during the public hearing at the Court held on May 9 and 10, 2007 (transcription of public
hearing, pp. 3-4).
62
This fact is recognized by the State (Merits, volume II, folio 288). Cf. also Testimony of Head Captain and
Fiscali Wazen Eduards, supra note 61 (transcription of public hearing, p. 4), Expert opinion of Professor Richard
Price during the public hearing at the Court held on May 9 and 10, 2007 (transcription of public hearing, p. 57),
and Expert opinion of Salomon Emanuels during the public hearing at the Court held on May 9 and 10, 2007
(transcription of public hearing, p. 67).
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