Lokono peoples (supra paras. 91 and 92). In this regard, according to various testimonies 253,
extraction operations had a widespread impact on this area, because the noise of the
construction work and the frequent dynamite explosions caused the animals and birds to leave
the area; the streams were contaminated, thus harming the fishing; the cutting down of trees
and the noise of the operations drove away different types of wildlife, thereby affecting the
hunting,254 and the soil was affected so that many of the traditional plants stopped growing. In
addition, other adverse effects resulted from the construction of the highway to transport the
bauxite.255
218. These negative impacts on the environment and the indigenous natural resources were
also acknowledged in the 2005 Environmental Sensitivity Analysis prepared for NV BHP Billiton
Maatschappij Suriname, because it concluded that the Wane 1 and Wane 2 sections had suffered
considerable environmental damage as a result of the open-cast mining of bauxite. Moreover,
the recommendations made by the assessment included: (i) that the companies commit to not
mining Wane 3 and Wane 4 and avoid further environmental degradation; (ii) that the
exploration and extraction activities be ended as soon as possible; (iii) that the damaged areas
be rehabilitated, and (iv) that the companies withdraw from the Wane Kreek Nature Reserve256
(supra para. 91).
219. In this regard, the mining companies have put in place certain policies for the
rehabilitation of the area. According to evidence provided by the State following the visit,257
Wane 1 and 2 would be rehabilitated by August 2015 (supra para. 93), and the estimated growth
of what has been planted would be 70-80%, although in other areas there could be a lower rate
of growth.258 However, the representatives stressed that this contradicted the photographs
showing the devastated area provided as evidence, and the testimony of the victims (supra para.
92). Consequently, the representatives indicated that there is no certainty that the rehabilitation
measures will be successful because, for example, the trees that have been planted have not
attained the size anticipated and, therefore, it is expected that the rehabilitation of all the
territory affected will take a long time.259
220. During its on-site procedure, the Court verified that the area had clearly been damaged
and the landscape altered radically (supra para. 93). Hence, it finds that, to date, the actions
taken have not met the objectives established for the satisfactory rehabilitation of the territory in
question, especially considering that it is a nature reserve and a protected area.
221.
In this regard, the State has the obligation to protect the areas of both the nature
reserve and the traditional territories in order to prevent damage to the indigenous lands, even
253
According to the expert opinion of Dr. Stuart Kirsh, the Wane Kreek Nature Reserve has become a, de facto,
extractive zone for mining natural resources with negative effects for the environment and prejudicial consequences for
the indigenous peoples. Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folios 357 to 360).
254
Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 450), and Expert opinion of
Stuart Kirsh of January 27, 2015 (merits file, folio 360).
255
For example, legal and illegal logging activities, poaching, sand and gravel mining and, recently, the mining of
kaolin. Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 450).
256
Cf. Environmental sensitivity analysis of the Wane 4 Concession, July 4, 2005 (merits file, folio 390).
257
Cf. Memorandum of August 2015 prepared by the Bauxite Institute of Suriname on the rehabilitation of Wane
Kreek Hills (evidence file, folio 3076).
258
Cf. Memorandum of August 2015 prepared by the Bauxite Institute of Suriname on the rehabilitation of Wane
Kreek Hills, supra (evidence file, folio 3076).
259
Cf. Expert opinion of Stuart Kirsh of January 27, 2015 (merits file, folios 359 to 362).
58
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