29
In 1837, this treaty was renewed; the terms of the agreement permitted the N’djuka
to continue to reside in their settled territory and determined the boundaries of that
area. The Maroons generally – and the N’djuka in particular – consider these
treaties still to be valid and authoritative with regard to their relationship with the
State, despite the fact that Suriname secured its independence from the Netherlands
in 1975.15
86(3). The N’djuka community, which consists of approximately 49,000 members, is
organized in clans that are dispersed among several villages within the community’s
traditional territory. The matrilineal kinship system serves as the basic organizing
principle of the society and influences every aspect of life: relationships, settlement
patterns, land tenure and the division of political and religious functions. Leadership
positions, including those of the paramount chief, the Gaanman, are inherited
through the matrilineal line.16
86(4). The N’djuka are distinct from other Maroon peoples of Suriname: they have
their own language, history, as well as cultural and religious traditions. Furthermore,
other Maroon populations and the indigenous community of the region, the
Amerindians, respect the boundaries of the traditional N’djuka lands, which extend
along the Tapanahoni and Cottica Rivers.17
86(5). Although individual members of indigenous and tribal communities are
considered natural persons by Suriname’s Constitution, the State’s legal framework
does not recognize such communities as legal entities.18 Similarly, national legislation
does not provide for collective property rights.19
b) Aspects of N’djuka culture relevant to the instant case
86(6). The N’djuka community’s relationship to its traditional land is of vital
spiritual, cultural and material importance. In order for the culture to maintain its
integrity and identity, its members must have access to their homeland. Land rights
in N’djuka society exist on several levels, ranging from rights of the entire ethnic
community to those of the individual. Larger territorial land rights are vested in the
entire people, according to N’djuka custom; community members consider such
rights to exist in perpetuity and to be inalienable.20
15
Cf. affidavit of expert witness Thomas Polimé, sworn on August 20, 2004 (case file on preliminary
objections and possible merits, reparations and costs, vol. III, pp. 690 – 692).
16
Cf. affidavit of expert witness Thomas Polimé, sworn on August 20, 2004 (case file on preliminary
objections and possible merits, reparations and costs, vol. III, pp. 692 and 693); and testimony of
Kenneth M. Bilby delivered before the Inter-American Court on September 9, 2004.
17
Cf. affidavit of expert witness Thomas Polimé, sworn on August 20, 2004 (case file on preliminary
objections and possible merits, reparations and costs, vol. III, p. 693).
18
Cf. Fact recognized by the State (case file on preliminary objections and possible merits,
reparations and costs, vol. VI, pp. 1428 – 1512).
19
Cf. Fact recognized by the State (case file on preliminary objections and possible merits,
reparations and costs, vol. VI, pp. 1428 – 1512).
20
Cf. testimony of Kenneth M. Bilby delivered before the Inter-American Court on September 9,
2004; testimony of Andre Ajintoena delivered before the Inter-American Court on September 9, 2004;
and affidavit of expert witness Thomas Polimé, sworn on August 20, 2004 (case file on preliminary
objections and possible merits, reparations and costs, vol. III, pp. 692 and 693).