20
Billiton, the current holder of the concession, commenced mining operations in 1997.112 The
activities included, among other things, the construction of a mine (to exploit the Wane I and Wane
II deposits) and building of a haul road to access the mine and transport the bauxite. As also
mentioned above, the Kaliña and Lokono Peoples were not consulted in the granting of the
concession or in the authorization of the mining activities in the Wane Kreek Reserve, and no
environmental impact assessments were conducted prior to commencing mining activities.113
66.
Mining activities in Suriname are governed by Decree E-58 of May 8, 1986
Containing General Rules for Exploration and Exploitation of Minerals.114 This Decree does not
contain provisions regarding protection of indigenous peoples or their rights.115 Although the
Wane Kreek Reserve was established with conservationist purposes, the 1986 State Resolution that
created it provided, among other things, that existing mining and timber concessions would be
respected, thus authorizing the continuation of the bauxite concession inside the Reserve.116
67.
In connection with the mining activities, a haul road was constructed inside the
concession area.117 Access through the road is permitted for hauling logs, but not for hunting and
fishing.118 Bauxite mining requires strip-mining because this mineral is found near the surface of
the earth, and dynamite is used in the process; explosions from the use of dynamite can be heard in
the villages located near the mining area.119 In addition, indigenous peoples are sometimes denied
access for hunting and fishing purposes.120
68.
The above-mentioned mining activities have caused considerable damage to the
forests and to the flora and fauna of the region, including pollution and reduction in the number of
hunting game.121 Suralco and BHP Billiton have done some rehabilitation work in the concession
area, particularly in the Wane Hills Mine Site, but the rehabilitation is not complete and may take
112
Annex 6. Petition, para. 78; Submission of Suriname, September 12, 2008, p. 1, and Annex 21. Attachment III to
Submission of Suriname, September 12, 2008, Affidavit of Glenn Renaldo Kingswijk.
113
Submission of Suriname, September 12, 2008, p. 14; Annex 6. Petition, paras. 79, 140.
114
Annex 6. Petition, para. 80. Annex 26. Submission of Suriname, March 27, 2012, Annex I, Decree E-58 of May 8,
115
Annex 26. Submission of Suriname, March 27, 2012, Annex I, Decree E-58 of May 8, 1986.
116
Annex 27. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, p.
1986.
ii.
117
Submission of Suriname, September 12, 2008, p. 10, and Annex 21. Attachment III to Submission of Suriname,
September 12, 2008, Affidavit of Glenn Renaldo Kingswijk.
118
Submission of Suriname, September 12, 2008, p. 10, and Annex 21. Attachment III to Submission of Suriname,
September 12, 2008, Affidavit of Glenn Renaldo Kingswijk.
119
Annex 8. Submission of the petitioners, December 22, 2010, Expert Report of Dr. Stuart Kirsch, November 25,
2010, pp.11, 14; Annex 19. Submission of Suriname, September 12, 2008, Annex III, Affidavit of Rudy Emanuel Strijk.
120
Annex 6. Petition, para. 79; Annex 21. Submission of Suriname, September 12, 2008, Annex III, Affidavit of Glen
Renaldo Kingswijk; Annex 28. Petition, Annex H, Affidavits of Biswana Rudolf Henry, Biswane Ronny, and Wong A Soy Marvin.
121
Annex 8. Submission of the petitioners, December 22, 2010, Expert Report of Dr. Stuart Kirsch, November 25,
2010, pp. 11, 14; Annex 28. Petition, Annex H, Affidavits of Biswana Rudolf Henry, Biswane Ronny, and Wong A Soy Marvin.