24 34,000, which is spread over 63 communities on the Upper Suriname River and in a number of displaced communities located to the north and west of said area.63 81. Their social structure is different from other sectors of society inasmuch as the Saramaka people are organized in matrilineal clans (lös), and they regulate themselves, at least partially, by their own customs and traditions.64 Each clan (lö) recognizes the political authority of various local leaders, including what they call Captains and Head Captains, as well as a Gaa’man, who is the community’s highest official.65 82. Their culture is also similar to that of tribal peoples insofar as the members of the Saramaka people maintain a strong spiritual relationship with the ancestral territory66 they have traditionally used and occupied. Land is more than merely a source of subsistence for them; it is also a necessary source for the continuation of the life and cultural identity of the Saramaka people.67 The lands and resources of the Saramaka people are part of their social, ancestral, and spiritual essence. In this territory, the Saramaka people hunt, fish, and farm, and they gather water, plants for medicinal purposes, oils, minerals, and wood.68 Their sacred sites are scattered throughout the territory, while at the same time the territory itself has a sacred value to them.69 In particular, the identity of the members of the Saramaka people with the land is inextricably linked to their historical fight for freedom from slavery, called the sacred “first time”.70 During the public hearing in this case, Head Captain Wazen Eduards described their special relationship with the land as follows: The forest is like our market place; it is where we get our medicines, our medicinal plants. It is where we hunt to have meat to eat. The forest is truly our entire life. When our ancestors fled into the forest they did not carry anything with them. They learned how to live, what plants to eat, how to deal with subsistence needs once they got to the forest. It is our whole life.71 83. Furthermore, their economy can also be characterized as tribal. According to the expert testimony of Dr. Richard Price, for example, “the very great bulk of food that Saramaka eat comes from […] farms [and] gardens” traditionally cultivated by Saramaka 63 This fact is recognized by the State (Merits, volume II, folio 297). Cf. also Professor Richard Price, “Report in support of Provisional Measures”, October 15, 2003 (case file of appendices to the application and Appendix 1, appendix 2, folio 15). 64 Although the question of land ownership is in dispute, the parties agree that the Saramaka people have their own traditional norms and customs that relate to how the Saramaka people use and enjoy property. 65 Cf. Professor Richard Price, “Report in support of Provisional Measures”, supra note 63. 66 By using the term “territory” the Court is referring to the sum of traditionally used lands and resources. In this sense, the Saramaka territory belongs collectively to the members of the Saramaka people, whereas the lands within that territory are divided among and vested in the twelve Saramaka clans (supra para. 100). Cf. Affidavit of Head Captain and Fiscali Eddie Fonkie, April 5, 2007 (case file of affidavits and observations thereto, appendix 4, folio 1911); Expert opinion of Professor Richard Price, supra note 62 (transcription of public hearing, pp. 60-61), and Professor Richard Price, “Report in support of Provisional Measures”, supra note 63. 67 Cf. Professor Richard Price, “Report in support of Provisional Measures”, supra note 63, (folios 17-18). 68 Cf. Testimony of Captain Cesar Adjako during the public hearing at the Court held on May 9 and 10, 2007 (transcription of public hearing, p. 15); Expert opinion of Professor Richard Price, supra note 62 (transcription of public hearing, p. 55); Report of Professor Richard Price, September 30, 2000 (case file of appendices to the application and Appendix 1, appendix 1, folio 4), and Professor Richard Price, “Report in support of Provisional Measures”, supra note 63, (folio 16). 69 Cf. Professor Richard Price, “Report in support of Provisional Measures”, supra note 63, (folio 14), and Affidavit of Dr. Peter Poole of April 30, 2007 (case file of affidavits and observations, appendix 8, folio 1961). 70 Cf. Professor Richard Price, “Report in support of Provisional Measures”, supra note 63. 71 Testimony of Head Captain and Fiscali Wazen Eduards, supra note 61 (transcription of public hearing, p. 5).

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