- KANO will make an active contribution to the formulation of the social aspects of future nature conservation policies.109 87. Nevertheless, according to Captains Watamaleo and Gunther, the only meeting they are aware of was held in 1986 in Marijkedorp (Wan Shi Sha) and, during this, the indigenous peoples emphatically rejected the proposal to create the Wane Kreek Nature Reserve.110 Consequently, the Kaliña and Lokono peoples were unaware that the reserve had been established until, in 1997, they realized that mining operations were underway in the area.111 In addition, regarding the prior steps taken by KANO, the representatives of the Kaliña and Lokono peoples have indicated that, at no time, did KANO either consult or represent them. 112 E.2.2 Bauxite mining activities113 88. On January 28, 1958, before Suriname’s independence from the Netherlands, the State granted a concession to a mining company called “Suralco,” a subsidiary of the Aluminum Company of America (ALCOA), to extract bauxite in the eastern part of Suriname, which included the territory of Wane Kreek.114 The concession was granted for 75 years, and will therefore expire in 2033.115 In 1997, Suralco began extraction operations from bauxite deposits in Wane Hills.116 In 2003, the joint-venture known as BHP Billiton-Suralco took over mining exploitation in Wane Kreek.117 89. Among the preparatory activities carried out in the mid-1990s, a highway was built to access the mine and transport the bauxite. The highway was also used for logging activities 109 Cf. Communication dated August 26, 1978 (evidence file, folio 3005), and Affidavit made by Claudine Sakimin on January 27, 2015 (merits file, folio 483). 110 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 447); Testimony of Captain Jona Gunther during the public hearing held in this case on February 3, 2015. 111 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 447); Statement made on August 19, 2015, during the on-site procedure, by Margariet Biswane, Captain of Alfonsdorp (merits file, folio 973), and Affidavit made by Stuart Kirsh on January 27, 2015 (merits file, folio 354). 112 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 447); Testimony of Captain Jona Gunther during the public hearing held in this case on February 3, 2015, and Statement made on August 19, 2015, during the on-site procedure, by Leni Landveld, Marijkedorp (Wan Shi Sha) elder (merits file, folio 973). 113 “[T]he term “bauxite” shall mean those ores containing hydrated aluminum oxide, which Suralco uses or can use as raw material for the manufacture of alumina, or which Suralco can sell to the aluminum, chemical, abrasive, refractories, cement or any other industry consuming such ores, and from which an average of at least 32% of alumina can be recovered.” Cf. Article 3 of Government Ordinance No. 10 of January 28, 1958 (evidence file, folio 3061). 114 According to the Bauxite Institute of Suriname, in Marowijne District, Suralco has a concession for the exploitation of bauxite over an area of 48,406 ha, of which approximately 2,626 ha were located within the Wane Kreek Nature Reserve. However, according to Stuart Kirsh, the concession was granted over an area of 123,000 ha. Cf. Memorandum dated August 27, 2015, of the Director of the Bauxite Institute of Suriname (evidence file, folios 3070 and 3071), and Affidavit made by Stuart Kirsh on January 20, 2015 (merits file, folio 354). 115 Cf. Article 8 of Government Ordinance No. 10 of January 28, 1958 (evidence file, folio 3061). However, the Court takes note that, according to the expert opinion of Stuart Kirsh, the concession was granted for 60 years, and would therefore expire in 2018. Also, the Bauxite Institute of Suriname indicated that, within the territories conceded to Suralco in the Marowijne District, there is a concession that expires in 2030, and another that expires in 2032. Cf. Memorandum dated August 27, 2015, of the Director of the Bauxite Institute of Suriname (evidence file, folios 3070), and Affidavit made by Stuart Kirsh on January 20, 2015 (merits file, folio 354). 116 Cf. Affidavit made by Stuart Kirsh on January 27, 2015 (merits file, folio 357); Environmental Sensitivity Analysis of the Wane 4 Concession dated July 4, 2005 (merits file, folio 396); Affidavit made by Glen Renaldo Kingswijk on September 10, 2008 (evidence file, folio 362) and Affidavit made by Claudine Sakimin on January 27, 2015 (merits file, folios 483 and 484). However, the Court takes note that, according to the Bauxite Institute of Suriname, exploitation of the section known as Wane 1 started in 1998, and of the section known as Wane 2 in 1999. Cf. Memorandum dated August 27, 2015, of the Director of the Bauxite Institute of Suriname (evidence file, folio 3071). 117 Cf. Affidavit made by Glen Renaldo Kingswijk on September 10, 2008 (evidence file, folio 362). 25

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