2
system, customary laws, and traditions, in the terms of paragraphs 174 and 194(b) of
th[e] Judgment[;]
7.
[t]he State shall remove or amend the legal provisions that impede protection of
the right to property of the members of the Saramaka people and adopt, in its domestic
legislation, and through prior, effective and fully informed consultations with the Saramaka
people, legislative, administrative, and other measures as may be required to recognize,
protect, guarantee[,] and give legal effect to the right of the members of the Saramaka
people to hold collective title of the territory they have traditionally used and occupied,
which includes the lands and natural resources necessary for their social, cultural[,] and
economic survival, as well as manage, distribute, and effectively control [that] territory, in
accordance with their customary laws and traditional collective land tenure system, and
without prejudice to other tribal and indigenous communities, in the terms of paragraphs
97-116 and 194(c) of th[e] Judgment[;]
8.
[t]he State shall adopt legislative, administrative[,] and other measures
necessary to recognize and ensure the right of the Saramaka people to be effectively
consulted, in accordance with their traditions and customs, or when necessary, the right to
give or withhold their free, informed and prior consen[t] with regar[d] to development or
investment projects that may affect their territory, and to reasonably share [in] the
benefits of [those] projects […], should the[y] be ultimately carried out. The Saramaka
people must be consulted during the process established to comply with this form of
reparation, in the terms of paragraphs 129-140, 143, 155, 158, and 194(d) of th[e]
Judgment[;]
9.
[t]he State shall ensure that environmental and social impact assessments are
conducted by independent and technically competent entitie[s] prior to awarding a
concession for any development or investment project within traditional Saramaka
territory, and implement adequate safeguards and mechanisms in order to minimize the
damaging effects such projects may have upon the social, economic[,] and cultural
survival of the Saramaka people, in the terms of paragraphs 129, 133, 143, 146, 148,
155, 158, and 194(e) of th[e] Judgment[;]
10.
[t]he State shall adopt legislative, administrative and other measures necessary
to provide the members of the Saramaka people with adequate and effective recourses
against acts that violate their right to the use and enjoyment of property in accordance
with their communal property system, in the terms of paragraphs 177-185 and 194(f) of
th[e] Judgment[;]
11.
[t]he State shall translate into Dutch and publish Chapter VII of the […]
Judgment, without the corresponding footnotes, as well as operative paragraphs one
through fifteen, in the State’s Official Gazette and in another national daily newspaper, in
the terms of paragraphs 196(a) and 197 of th[e] Judgment[;]
12.
[t]he State shall finance two radio broadcasts, in the Saramaka language, of the
content of paragraphs 2, 4, 5, 17, 77, 80-86, 88, 90, 91, 115, 116, 121, 122, 127-129,
146, 150, 154, 156, 172, and 178 of the […] Judgment, without the corresponding
footnotes, as well as Operative Paragraphs 1 through 15 [t]hereof, in a radio station
accessible to the Saramaka people, in the terms of paragraphs 196(b) and 197 of th[e]
Judgment[;]
13.
[t]he State shall allocate the amounts set in [the] Judgment as compensation
for material and non-material damages in a community development fund created and
established for the benefit of the members of the Saramaka people in their traditional
territory, in the terms of paragraphs 199, 201, 202, 208, and 210-212 thereof[; and]
14.
[t]he State shall reimburse […] costs and expenses, in the terms of paragraphs
206, 207, and 209-211 of th[e] Judgment.
2.
The judgment on interpretation of the Saramaka Judgment delivered by the
Court on August 12, 2008, in which it:
DECIDE[D],
Unanimously,