5
9.
The representatives informed that no steps have been taken to delimit,
demarcate, and title Saramaka territory, “nor has the State sought to formally
consult with the Saramaka about the regularization of their territory.” In fact, “[t]he
Saramaka wr[ote] the State [on March 13, 2008] to seek a meeting on this subject
[…] but have [not yet] receive[d] a formal response.”
10.
The Commission “note[d] that the State did not submit information regarding
how [the SSDI project] has or will have a direct effect in the present case.” In
addition, the Commission observed that “the State has not taken any steps to
comply with this measure of reparation [and as such] request[ed] the [State
provide] specific information [regarding] the measures to be carried out, with due
consultation, along with a timeline for the[ir] implementation.”
11.
Providing sufficient information on compliance with the Judgment is a duty of
the State, repeatedly stated by this Court.4 In this regard, the President considers
that the Court requires more information regarding the SSDI project and or other
steps it has taken to delimit, demarcate and grant collective title to the Saramaka
people.
*
*
*
12.
With regard to the State’s obligation to grant the members of the Saramaka
people legal recognition of the collective juridical capacity pertaining to the
community to which they belong so as to ensure full exercise and enjoyment of their
right to communal property and collective access to justice, the State has not
informed on this particular obligation.
13.
The representatives observed that “[t]he State has not complied with this
order to date, nor has it commenced any consultation with the Saramaka on how to
comply.”
14.
The Commission “respectfully request[ed] that the Court require that the
State provide more specific information in this regard.”
15.
The President considers that the Court does not have sufficient data regarding
the steps the State will take to effectively grant the members of the Saramaka
people legal recognition, to which it requests the State provide said information.
*
*
*
16.
Regarding the removal or amendment of the legal provisions that impede
protection of the right to property of the members of the Saramaka people and the
adoption, through consultations, legislative, administrative, and other measures as
may be required, the State point[ed] to the creation of the “[t]he [SSDI] project].”
(supra Considering Clause no. 8). In addition, for “smooth implementation of the
judgment[, the State created an Executive Committee] comp[rised of]: [a]
4
Cf. Case of Neira Alegría et al v. Peru. Monitoring Compliance with Judgment. Order of the Court
of November 28, 2002, Considering clause No. 9; Case of Cantoral-Benavides v. Peru, supra note 2,
Considering clause No. 20, and Case of Palamara-Iribarne v. Chile. Monitoring Compliance with Judgment.
Order of the Court of November 30, 2007, Considering clause No. 7.