7
21.
The representatives and Commission discussed this obligation in relation to
Operative paragraph 7 (supra Considering Clauses 17 and 18) and informed the
following in relation to Operative Paragraph 8, specifically, inter alia:
a)
The representatives “are not aware of any efforts […] to review
concessionaries within Saramaka territory and [inform that these mining and
logging] concessions require review and potential modification[,] includ[ing]
an assessment of benefit sharing measures that may be required in relation
to these activities should they be deemed acceptable according to the criteria
specified by the Court.” The Saramaka currently await the response of the
State regarding its intentions to review concessions, in order to efficiently
“facilitate communication with the relevant land owning entities.”
b)
The victims representatives “observe that the State [in May 2008] may
have formally authori[z]ed the laying of an all-weather asphalt surface on the
main road […] that connects Saramaka territory to Paramaribo[, without]
formal[ly] consult[ing] with the Saramaka people about the process [in]
direc[t] contraven[tion with] the extensive requirements set forth by the
Court” and with no information if an environmental and social impact
assessment [(hereinafter “ESIA”)] has been conducted in relation to the
project. Nevertheless, the representatives have stated that while the
“Saramaka are not necessarily opposed to the […] road, they [are]
concern[ed] that the Court’s judgment is respected and that any negative
environmental, cultural, and social impacts related to the upgrading of the
road are adequately assessed and effectively mitigated.”
22.
The President considers that the Court requires detailed information regarding
the specific steps the State will adopt in order to satisfy this obligation in a timely
manner. Likewise, the President requires more information regarding the current
road project in Saramaka territory to assure the Saramaka people are fully informed
regarding projects which affect the use and enjoyment of their land and compliance
with the Courts Judgment.
*
*
*
23.
With regard to the State’s obligation to ensure ESIAs prior to awarding
concession for any development project and to implement adequate safeguards and
mechanisms in order to minimize the damaging effects of such projects, the State
has not yet informed on this obligation.
24.
The representatives “observe[d] that Suriname has yet to adopt legislation
requiring ESIAs, although assessments are sometimes undertaken notwithstanding
the lack of an applicable legal framework, and there are no applicable remedies
should the State fail to require an ESIA.”
Moreover, according to the
representatives, the State has authorized a road project affecting Saramaka territory
and has “failed to consult with the Saramaka [people], with respect for their
traditions and culture or otherwise and has neither involved [nor informed] them [of]
the ESIA process.” The representatives emphasized that “the Saramaka have not
been afforded the opportunity […] to effectively participate in decision-making about