46
*
*
*
154. In conclusion, the Court considers that the logging concessions issued by the State in
the Upper Suriname River lands have damaged the environment and the deterioration has
had a negative impact on lands and natural resources traditionally used by members of the
Saramaka people that are, in whole or in part, within the limits of the territory to which they
have a communal property right. The State failed to carry out or supervise environmental
and social impact assessments and failed to put in place adequate safeguards and
mechanisms in order to ensure that these logging concessions would not cause major
damage to Saramaka territory and communities. Furthermore, the State did not allow for
the effective participation of the Saramakas in the decision-making process regarding these
logging concessions, in conformity with their traditions and customs, nor did the members
of the Saramaka people receive any benefit from the logging in their territory. All of the
above constitutes a violation of the property rights of the members of the Saramaka people
recognized under Article 21 of the Convention, in connection with Article 1.1 of said
instrument.
F.2) Gold-mining concessions
155. The Court must also analyze whether gold-mining concessions within traditional
Saramaka territory have affected natural resources that have been traditionally used and
are necessary for the survival of the members of the Saramaka people. According to the
evidence submitted before the Court, the members of the Saramaka people have not
traditionally used gold as part of their cultural identity or economic system. Despite
possible individual exceptions, members of the Saramaka people do not identify themselves
with gold nor have demonstrated a particular relationship with this natural resource, other
than claiming a general right to “own everything, from the very top of the trees to the very
deepest place that you could go under the ground.”171 Nevertheless, as stated above (supra
paras. 126-129), because any gold mining activity within Saramaka territory will necessarily
affect other natural resources necessary for the survival of the Saramakas, such as
waterways, the State has a duty to consult with them, in conformity with their traditions
and customs, regarding any proposed mining concession within Saramaka territory, as well
as allow the members of the community to reasonably participate in the benefits derived
from any such possible concession, and perform or supervise an assessment on the
environmental and social impact prior to the commencement of the project. The same
analysis applies regarding other concessions within Saramaka territory involving natural
resources which have not been traditionally used by members of the Saramaka community,
but that their extraction will necessarily affect other resources that are vital to their way of
life.
156. The Court recognizes that, to date, no large-scale mining operations have taken
place within traditional Saramaka territory. Nevertheless, the State failed to comply with the
three safeguards when it issued small-scale gold mining concessions within traditional
Saramaka territory.172 That is, such concessions were issued without performing prior
environmental and social impact assessments, and without consulting with the Saramaka
Map produced by the Suriname Forestry Management Foundation, Ministry of Natural Resources, August 2003
(case file of appendices to the representatives’ brief, appendix 1.1, folio 1460).
171
Testimony of Head Captain and Fiscali Wazen Eduards, supra note 61 (transcription of public hearing, p.
8).
172
Cf. Map prepared by the Ministry of Natural Resources, supra note 140.
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