44
F.1.a) Effective participation
147. In this case, regarding the logging concessions granted within Saramaka territory,
the State did not guarantee the effective participation of the Saramakas in advance,
through their traditional decision-making processes, nor did it share the benefits with the
members of said people. According to District Commissioner Strijk, who testified before this
Tribunal, it was “not necessary” to consult with or obtain the consent of the Saramakas in
relation to the logging concessions in question because there were no reported traditional
Saramaka sites in the area.150 In the words of District Commissioner Strijk, “if there are
sacred sites, cemeteries, and agricultural plots, then we have consultation, if there are no
sacred sites, [cemeteries,] and agricultural plots, then consultation doesn’t take place”.151
This procedure evidently fails to guarantee the effective participation of the Saramaka
people, through their own customs and traditions, in the process of evaluating the issuance
of logging concessions within their territory. As mentioned above, the question for the
State is not whether to consult with the Saramaka people, but whether the State must also
obtain their consent (supra paras. 133-137).
F.1.b) Prior environmental and social impact assessments
148. The State further argued that the “concessions which were provided to third parties
did not affect [Saramaka] traditional interests”. The evidence before the Tribunal suggests
not only that the level of consultation referred to by the State was not enough to guarantee
the Saramakas’ effective participation in the decision-making process, but also that the
State did not complete environmental and social impact assessments prior to issuing said
concessions,152 and that at least some of the concessions granted did affect natural
resources necessary for the economic and cultural survival of the Saramaka people. The
Court once again observes that when a logging concession is granted, a variety of nontimber forest products, which are used by the members of the Saramaka people for
subsistence and commercial purposes, are also affected.
149. In this regard, a map produced by expert witness Dr. Peter Poole and submitted to
the Court depicts Saramaka occupation and use of lands and resources in the concessions
granted within Saramaka territory to non-Saramaka members.153 This evidence shows that
members of the Saramaka people were extensively using the areas granted to the logging
companies as hunting and fishing grounds, as well as a source of a variety of forest
products.154
150. Head Captain Wazen Eduards,155 Captain Cesar Adjako,156 Ms. Silvi Adjako,157 and
Mr. Hugo Jabini,158 for example, all testified that the activities of the logging companies
within traditional Saramaka territory were highly destructive and caused massive damage to
a substantial area of the Saramaka people’s forest and the ecological and cultural functions
150
Testimony of District Commissioner Rudy Strijk, supra note 132 (transcription of public hearing, pp. 26
and 30).
151
Testimony of District Commissioner Rudy Strijk, supra note 132 (transcription of public hearing, p. 30).
Cf. Testimony of Rene Somopawiro, supra note 110 (transcription of public hearing, p. 47).
153
Cf. Map II, submitted by Peter Poole to the Inter- American Commission during the public hearing held on
March 5, 2006 (case file of appendices to the application and Appendix 1, appendix 15, folio 172).
154
Cf. Affidavit of Dr. Peter Poole, supra note 69 (folio 1965).
155
Cf. Testimony of Head Captain and Fiscali Wazen Eduards, supra note 61 (transcription of public hearing,
pp. 4-5).
156
Cf. Testimony of Captain Cesar Adjako, supra note 68 (transcription of public hearing, p. 16).
157
Cf. Affidavit of Silvi Adjako, supra note 98 (folio 1924).
158
Cf. Affidavit of S. Hugo Jabini of April 3, 2007 (case file of affidavits and observations, appendix 6, folios
1937-38).
152
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