CERD/C/SUR/CO/12
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The Committee reiterates the invitation extended to the State Party in its previous
concluding observations in 2004 to establish the Constitutional Court as soon as
possible.
12.
Recognizing the fact that the State Party’s national economy heavily depends on the
natural-resource extraction industry -- namely mining and logging, including in ancestral
lands and traditional settlements of indigenous and tribal peoples -- the Committee remains
concerned about the protection of the rights to land, territories and communal resources of
the indigenous and tribal peoples living in the interior of the country. Similarly, the
Committee is concerned at the nonexistence of specific legislative framework to guarantee
the realization of the collective rights of indigenous and tribal peoples (arts. 2 and 5).
The Committee urges the State Party to ensure legal acknowledgement of the collective
rights of indigenous and tribal peoples – known locally as Maroons and Bush Negroes to own, develop, control and use their lands, resources and communal territories
according to customary laws and traditional land-tenure system and to participate in
the exploitation, management and conservation of the associated natural resources.
13.
While noting with interest the final report by the Presidential Commission on Land
Rights presented for analysis to the President of Suriname, the Committee is concerned about
the lack of an effective natural resources management regime. (art. 2)
The Committee encourages the State to intensify its consideration of the final report in
view to setting the principles for a comprehensive national land rights regime and
appropriate relevant legislation with the full participation of the freely chosen
representatives of indigenous and tribal peoples, as per the Commission’s mandate. In
the Committee’s opinion, the State Party's consideration of the report of the
Presidential Commission should not be to the detriment of its full compliance with the
orders of the Inter-American Court of Human Rights in the Saramaka People case.
14.
The Committee is concerned that the draft Mining Act 2004 is still in Parliament
and, according to information before the Committee, that mining licences continue to be
granted by the Ministry of Natural Resources to enterprises without prior consultations with
or providing information to indigenous and tribal peoples. (arts. 2 and 5)
The Committee invites the State party to update and approve the draft Mining Act in
conformity with the Committee’s previous recommendations (2004 and 2005). While
noting that the District Commissioners are involved with and consult the indigenous
and tribal communities concerned before granting concessions, the Committee
recommends that, when taking legislative or administrative decisions which may affect
the rights and interests of indigenous and tribal peoples, the State Party endeavour to
consult and obtain their informed consent.
15.
The Committee reiterates its concern with regard to repeated information
highlighting the fact that children from indigenous or tribal groups continue to experience