6
representative [of the] Ministry of Regional Development[,] Ministry of Justice and
police[,] representative President of Suriname[, and the] Ministry of Physical
Planning.”
17.
The representatives informed the following regarding the State’s compliance
with Operative Paragraph 7, inter alia:
a)
“Suriname has requested support from the [UN] Special Rapporteur on
the rights and fundamental freedoms of indigenous people […] to draft the
[relevant] legislation[, and that t]his was welcomed and endorsed by the UN
Committee on the Elimination of Racial Discrimination [and] the Saramaka
people.” Nevertheless, the representatives “note that the request to the
Special Rapporteur primarily [relates to] the drafting of a new legislative
framework without explicitly mentioning the amendment of existing laws.”
b)
The State has also simultaneously implemented “an IADB-funded
project[, the SSDI project, run by an NGO called the Amazon Conservation
Team of Suriname, to draft] legislation on the rights of indigenous and tribal
peoples.” The representatives have expressed worry regarding the minimal
experience of this NGO in “devising legislation and regularizing indigenous
and tribal peoples’ rights[; the possible] “impartiality and independence” of
this organization[; the] reject[ion] by the Association of Indigenous Village
Leaders, the national indigenous peoples’ organization, and the Saramaka
people themselves[ of this attempt, and] the existence of two potentially
contradictory drafting processes [which] may lead to confusion and further
delays in enacting the much needed legislation.” Lastly, “[c]onsidering that
Suriname is to have implemented the Court’s orders by December 2010, [the
representatives express that] there are justifiable concerns [given general
elections scheduled for mid-2010 and the legislative delays associated with
the disruptions of the election process] that this deadline will [not] be met.”
18.
The “Commission consider[ed] the State’s reported decision to consult UN
Special Rapporteur to be a positive development.”
However, the Commission
expressed worry “that there may be a parallel drafting of legislation on the rights of
indigenous and tribal peoples[, and as such] requ[ested] the State provide detailed
information in that regard.”
19.
The President considers that the Court requires detailed information regarding
the status of drafted and pending legislation and asks the State to address the noted
concerns of the representatives and Commission.
*
*
*
20.
With regard to the adoption of legislative, administrative, and other measures
necessary to recognize and ensure the right of the Saramaka people to be effectively
consulted, the right to give or withhold their free, informed, and prior consent
regarding development or investment projects that may affect their territory, and to
reasonably share in the benefits of these projects, the State has created the SSDI
project (supra Considering clause No. 8) to satisfy this obligation, yet has not further
informed on other developments.