(infra para. 94), and the indigenous people in the region were forbidden to use it to enter the
area of the concession to hunt and fish.118
90.
Typically, bauxite is found near the surface, so that extraction requires strip-mining over
large tracts of land.119 The mining exploitation project was divided into several sections, four of
which were located within the Wane Kreek Nature Reserve. Bauxite extraction was carried out in
the Wane 1 and Wane 2 sections over an area of from 100 to 144 ha, while the Wane 3 and
Wane 4 sections were not exploited.120 However, it should be noted that exploration activities
were carried out in Wane 4, and these also caused significant environmental impact in the
area.121
91.
The first environmental impact assessment (Environmental Sensitivity Analysis of the
Wane 4 Concession) was made in 2005 by a private consultant hired by BHP Billiton, with the
intention of starting extracting activities in Wane 4.122 The assessment determined that the Wane
1 and Wane 2 sections had suffered considerable environmental damage as a result of the stripmining of bauxite. Among other matters, the consultant made the following recommendations to
the company; that it should: “(1) Commit irrevocably to not mining Wane 3 and 4 and avoid
further disturbances of these hills; (2) Rehabilitate damage to Wane 4 caused by the exploration
programme […]; (3) Complete all mining of Wane 1 and 2 as soon as possible,” and (4)
Rehabilitate the damage caused in Wane 1 and 2 by the exploitation operations.123
92.
Regarding the adverse impact of the mining operations in the nature reserve, the hunting
and fishing activities, which were traditional in the area, have declined considerably. In this
regard, the noise and vibrations caused by the trucks and the dynamite explosions, the
contamination of land and streams, and the destruction of fruit-bearing trees caused the wildlife
to flee that the indigenous peoples hunted and fished to feed the members of the local
communities.124 Also, access to the area of the mining concessions was prohibited to the
indigenous peoples and to any other unauthorized person. 125
93.
The bauxite extraction operations in the Wane Kreek Nature Reserve ended in 2009, and
nowadays the area is being reforested by the companies who carried out the mining
operations.126 In this regard, the Bauxite Institute of Suriname indicated that the Wane 1 and
Wane 2 sections had already been rehabilitated.127 However, the members of the local
118
Cf. Affidavit made by Glen Renaldo Kingswijk on September 10, 2008 (evidence file, folio 362).
119
Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folio 356).
120
Cf. Wane Environmental Sensitivity Analysis dated July 4, 2005 (merits file, folio 388); 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, folio 484). However, the Court takes note that, according to the Bauxite Institute of Suriname, the
Wane 1 and Wane 2 sections cover an area of 144 ha. Cf. Memorandum dated August 27, 2015, of the Director of the
Bauxite Institute of Suriname (evidence file, folios 3071).
121
Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folio 358).
122
Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folios 357 and 358), and Environmental
Sensitivity Analysis of the Wane 4 Concession dated July 4, 2005 (merits file, folio 388).
123
Cf. Wane Environmental Sensitivity Analysis dated July 4, 2005 (merits file, folio 390).
124
Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 448); Testimony of Captain
Jona Gunther during the public hearing held in this case on February 3, 2015, and Affidavit made by Stuart Kirsh on
January 27, 2015 (merits file, folio 359).
125
Cf. Affidavit made by Glen Renaldo Kingswijk on September 10, 2008 (evidence file, folio 362) and Affidavit made
by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 449).
126
3071).
Cf. Communication of the Director of the Bauxite Institute of Suriname dated August 27, 2015 (evidence file, folio
127
Cf. August 2015 report prepared by the Bauxite Institute of Suriname on rehabilitation of Wane 1 and Wane 2
(evidence file, folio 3076).
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