57
c)
remove or amend the legal provisions that impede protection of the right to
property of the members of the Saramaka people and adopt, in its domestic
legislation, and through prior, effective and fully informed consultations with the
Saramaka people, legislative, administrative, and other measures as may be
required to recognize, protect, guarantee and give legal effect to the right of the
members of the Saramaka people to hold collective title of the territory they have
traditionally used and occupied, which includes the lands and natural resources
necessary for their social, cultural and economic survival, as well as manage,
distribute, and effectively control such territory, in accordance with their customary
laws and traditional collective land tenure system, and without prejudice to other
tribal and indigenous communities. The State must comply with this reparation
measure within a reasonable time;
d)
adopt legislative, administrative and other measures necessary to recognize
and ensure the right of the Saramaka people to be effectively consulted, in
accordance with their traditions and customs, or when necessary, the right to give or
withhold their free, informed and prior consent, with regards to development or
investment projects that may affect their territory, and to reasonably share the
benefits of such projects with the members of the Saramaka people, should these be
ultimately carried out. The Saramaka people must be consulted during the process
established to comply with this form of reparation. The State must comply with this
reparation measure within a reasonable time;
e)
ensure that environmental and social impact assessments are conducted by
independent and technically competent entities, prior to awarding a concession for
any development or investment project within traditional Saramaka territory, and
implement adequate safeguards and mechanisms in order to minimize the damaging
effects such projects may have upon the social, economic and cultural survival of the
Saramaka people, and
f)
adopt legislative, administrative and other measures necessary to provide the
members of the Saramaka people with adequate and effective recourses against acts
that violate their right to the use and enjoyment of property in accordance with their
communal land tenure system. The State must comply with this reparation measure
within a reasonable time.
195. Additionally, the Court considers that the present Judgment per se is a form of
reparation211 that should be understood as a form of satisfaction that recognizes that the
rights of the members of the Saramaka people addressed in the present Judgment have
been violated by the State.
196.
Furthermore, as a measure of satisfaction, the State must do the following:
a)
translate into Dutch and publish Chapter VII of the present Judgment, without
the corresponding footnotes, as well as operative paragraphs one through fifteen, in
the State’s Official Gazette and in another national daily newspaper, and
b)
finance two radio broadcasts, in the Saramaka language, of the content of
paragraphs 2, 4, 5, 17, 77, 80-86, 88, 90, 91, 115, 116, 121, 122, 127-129, 146,
211
Cf. Case of Suárez Rosero v. Ecuador. Reparations and Costs. Judgment of January 20, 1999. Series C No.
44, para. 72; Case of Cantoral Huamaní and García Santa Cruz, supra note 50, para. 180, and Case of Zambrano
Vélez et al., supra note 50, para. 142.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos