20
demarcate Moiwana lands (supra Considering clause 28), the State must also provide
the Court with information as to how it chose the site for the five houses already
built and for the other houses it has planned, if applicable. Moreover, the State must
indicate whether it intends to follow the recommendations of the ACT´s draft report
relating to this obligation. If so, it must ensure that its implementation of those
recommendations adheres to the Judgment. The State must also submit a detailed
schedule containing projected dates for the measures it will undertake in compliance
with this obligation, which includes the Court’s orders relating to health and
education. With respect to the transfer of administrative and financial responsibility
to Community leaders, the Court reminds the State “that the right to have their
juridical personality recognized by the State is one of the special measures owed to
indigenous and tribal groups in order to ensure that they are able to use and enjoy
their territory in accordance with their own traditions. This is a natural consequence
of the recognition of the right of members of indigenous and tribal groups to enjoy
certain rights in a communal manner.”38 Finally, the Court reiterates that timely
compliance with requests for information is an obligation under Article 68(1) of the
Convention (supra Considering clause 3).
f)
Obligation to build a memorial in a suitable public location (Operative
Paragraph seven of the Judgment)
41.
The State reported that a monument was “delivered” to the Moiwana
Community on November 27, 2007.
42.
The representatives indicated that “the monument has [been] constructed to
the satisfaction of the victims and subsequent to agreement with the neighboring
indigenous peoples.”
43.
The Commission valued the construction of the monument as progress in the
State’s compliance with the Judgment.
44.
During the private hearing (supra Having Seen clause 8), the State submitted
a compact disc containing video footage of the memorial built in compliance with
Operative Paragraph seven of the Judgment. The Court values that the State carried
out the construction of this memorial in consultation with the victims and considers
that this order has been fulfilled.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
38
Case of the Saramaka People v. Suriname, supra note 28, para. 172.