37 must also address whether and to what extent the State may grant concessions for the exploration and extraction of those and other natural resources found within Saramaka territory. E. THE STATE’S GRANT OF CONCESSIONS FOR THE EXPLORATION AND EXTRACTION OF NATURAL RESOURCES FOUND ON AND WITHIN SARAMAKA TERRITORY 124. The Commission and the representatives alleged that land concessions for forestry and mining awarded by the State to third parties on territory possessed by the Saramaka people, without their full and effective consultation, violates their right to the natural resources that lie on and within the land. The State asserted that all land ownership, including all natural resources, vests in the State, and that, as such, the State may grant logging and mining concessions within alleged Saramaka territory, while respecting as much as possible Saramaka customs and traditions. E.1) Restrictions on the right to property 125. This brings the Court to the issue of whether and to what extent the State may grant concessions for the exploration and extraction of natural resources found within Saramaka territory. In this regard, the State argued that, should the Court recognize a right of the members of the Saramaka people to the natural resources found within traditionally owned lands, this right must be limited to those resources traditionally used for their subsistence, cultural and religious activities. According to the State, the alleged land rights of the Saramakas “would not include any interests on forests or minerals beyond what the Tribe traditionally possesses and uses for subsistence (agriculture, hunting, fishing etc.), and the religious and cultural needs of its people". 126. The State seems to recognize that resources related to the subsistence of the Saramaka people include those related to agricultural, hunting and fishing activities. This is consistent with the Court’s previous analysis on how Article 21 of the Convention protects the members of the Saramaka people’s right over those natural resources necessary for their physical survival (supra paras. 120-122). Nevertheless, while it is true that all exploration and extraction activity in the Saramaka territory could affect, to a greater or lesser degree, the use and enjoyment of some natural resource traditionally used for the subsistence of the Saramakas, it is also true that Article 21 of the Convention should not be interpreted in a way that prevents the State from granting any type of concession for the exploration and extraction of natural resources within Saramaka territory. Clean natural water, for example, is a natural resource essential for the Saramakas to be able to carry out some of their subsistence economic activities, like fishing. The Court observes that this natural resource is likely to be affected by extraction activities related to other natural resources that are not traditionally used by or essential for the survival of the Saramaka people and, consequently, its members (infra para. 152). Similarly, the forests within Saramaka territory provide a home for the various animals they hunt for subsistence, and it is where they gather fruits and other resources essential for their survival (supra paras. 8283 and infra paras. 144-146). In this sense, wood-logging activities in the forest would also likely affect such subsistence resources. That is, the extraction of one natural resource is most likely to affect the use and enjoyment of other natural resources that are necessary for the survival of the Saramakas. 127. Nevertheless, the protection of the right to property under Article 21 of the Convention is not absolute and therefore does not allow for such a strict interpretation. Although the Court recognizes the interconnectedness between the right of members of indigenous and tribal peoples to the use and enjoyment of their lands and their right to

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