Ten years after ground-breaking ruling the Saramaka are still fighting for their rights
On 28 November 2007, the Saramaka people won a ground-breaking court case against Suriname at the Inter-American Court of Human Rights (IACHR). The Court ruling included the provision that Suriname could no longer grant concessions on tribal territory without the permission of the inhabitants. Ten years later, little has come of implementing this ruling in practice.
The Saramaka are Maroons, descendants of slaves who freed themselves in the seventeenth century and settled in the forests of Suriname. Since the 1960s, they have been affected by the economic activities of the Surinamese government, including the building of a dam in 1963 that left half their territory under water. When, in the 1990s, the Saramaka repeatedly found themselves in conflict with logging companies active in their territory, leaders Hugo Jabini and Wanze Eduards took their grievances to the Inter-American Court of Human Rights on behalf of the Association of Saramaka Authorities (ASA).
In a ground-breaking ruling, the Court decided that Suriname had violated the property rights of the Saramaka and other tribal people by granting concessions on tribal territory. It ordered the Surinamese government to stop granting the concessions immediately and to compensate for the damage caused. Now, ten years later, the government has done very little to implement the IACHR's ruling. Both ENDS examines the current status of the main components of the ruling:
- Publishing the ruling
The Surinamese government must translate the IACHR's ruling into local languages and publish it in local media.
Status: completed. The ruling was published in Dutch in daily newspaper De Ware Tijd, and was broadcast in the Saramaccan language on local radio stations in Paramaribo and along the Tapanahoni and Upper Suriname rivers.
- Compensation
The Surinamese state must pay compensation to a specially set up Saramaka Development Fund.
Status: completed. Suriname has paid an amount equal to US$ 675,000 into the fund, with which the Saramaka have financed a few small projects, including a bilingual mathematics teaching method, a drinking water project, building an outpatients' clinic and a community centre, and equipping a boarding school for students in Atjoni.
- Saramaka as a legal person
Suriname must recognise the Saramaka people as a legal person.
Status: not implemented.
- Titles of property rights for the Saramaka and other groups
Suriname must map out the traditional territories of all tribal groups (indigenous and Maroons) and issue them with titles of property.
Status: at the state's expense, researchers at the NARENA/CELOS institute have drawn a draft map of the Saramaka's tribal territory and submitted it to the Ministry of Regional Development. The map has, however, never been approved and there is no prospect of property titles being issued. The ministry is frustrating and delaying the process.
- Restoring original situation
Where possible, the government must take action to cease activities and restore damage caused in tribal areas.
Status: no action taken at all in this respect.
- Benefit-sharing
Where it is not possible to restore the original situation, the local population must share in the benefits of the economic activities in their territories.
Status: the tribal peoples do not share in the benefits of the activities.
- Stop issue of concessions
The Surinamese government may no longer issue concessions that violate tribal property rights.
Status: the Surinamese government continues to issue concessions in tribal areas.
- Free, prior and informed consent
In the case of new economic activities in tribal areas, the Surinamese government must apply the principle of free, prior and informed consent (FPIC). This means that local communities must have a say in projects implemented in their territories, without being put under pressure (free), before the project starts (prior) and on the basis of correct information (informed). Moreover, social and environmental impact assessments (SIA and EIA) have to be carried out for new projects.
Status: FPIC is not being applied, and SIAs and EIAs are not carried out. There is not even environmental legislation that projects have to comply with.
Clearly, until now, the Surinamese government has been very negligent in implementing the ruling and continues to violate the rights of its indigenous and Maroon peoples on a large scale. Nevertheless, the ruling has increased awareness of the rights of tribal peoples and their problems in Suriname. The issue is on the agenda and has been incorporated in the programmes of political parties. In addition, indigenous groups and Maroons have joined forces, realising that they face the same problems and that the ruling applies to both groups.
The Saramaka and the other groups continue to fight for their rights. Not only in Suriname itself, but also internationally. In 2015, the IACHR ruled in another case, brought by the Kaliña and Lokono peoples against the Surinamese state, in favour of the indigenous groups. A case on the land rights of the Maho people is ongoing.
The Saramaka are also calling on international institutions like the World Bank, the IMF and the Inter-American Development Bank to withdraw their financial support for illegal projects in tribal areas. In this way, the Saramaka may be able to stop a number of projects, such as dams, that are threatening them. Both ENDS supports Hugo Jabini and the ASA in this mission.
Read more:
- 9 January 2012: Suriname urged to implement Saramaka verdict
- 5 October 2011: Both ENDS supports Stuart Hugo Jabini
- 3 October 2011: A cry from the heart (weblog by Danielle Hirsch)
- In 2009, Hugo Jabini and Wanze Eduards were awarded the prestigious Goldman Environmental Prize. See their website for more information on the Saramaka case
Read more about this subject
-
Transformative Practice
Inclusive Land Governance
Both ENDS works with partners around the world to ensure that land is governed fairly and inclusively and managed sustainably with priority for the rights and interests of local communities.
-
Event / 2 March 2023, 14:00 - 15:30
Inclusive finance for land governance: A conversation with donors
Both ENDS and the Land Portal Foundation invite you to the fourth webinar in the Whose Land? Inclusive Pathways to Land Governance series. This fourth Whose Land? webinar will focus on the question: How can donors fund land governance initiatives through an inclusive process?
More information about this event is available on Landportal.org
-
Publication / 8 January 2021
-
Dossier
Inclusive ways to sustainable and healthy food for all
All around the world small-scale farmers are using sustainable and inclusive methods to produce food. Working together with nature and each other, they provide their families and communities with sufficient and healthy food. But their production methods are under pressure from large-scale agriculture and the globally dominant system of industrial food production. Together with our partners, Both ENDS is trying to turn the tide in favour of sustainable, local practices that are mostly known as 'agro-ecological' or 'nature-inclusive'. Why are we focusing on these methods? Agro-ecological practices are climate-proof and inclusive and increase the opportunities for communities around the world to produce their food sustainably.
-
News / 4 August 2017
Nicaragua Canal undermines human rights
A report published yesterday by Amnesty Central America shows that the plans for a new canal leads to numerous violations of human rights in Nicaragua. And that's even before the works have started. Many organisations therefore protest against the canal, supported by Both ENDS.
-
News / 28 June 2022
In solidarity with daughter of murdered Indigenous leader
On Tuesday 28 June, the Honduran organisation COPINH and the Global Justice Association filed a complaint with the public prosecutor in the Netherlands against Dutch development bank FMO. For COPINH, this is part of their continued efforts to bring to justice those involved in the murder of their leader Berta Cáceres. FMO financed the Agua Zarca project in Honduras in 2014. The new complaint is based on documents indicating that FMO's money has been used improperly.
-
News / 8 November 2021
Both ENDS and SOMO condemn violence against Indigenous community near the Barro Blanco dam in Panama
Members of the Indigenous Ngäbe Buglé people were brutally attacked by Panamanian police on Friday 29 October 2021 from a parcel of private land near the FMO-financed Barro Blanco hydroelectric dam. The victims, all members of the anti-dam movement M22, had peacefully occupied the land after their protest camp got dismantled in July this year.
-
News / 27 July 2021
In conversation with the Ngäbe-Bugle community in Panama, after five years of Barro Blanco-dam
In April 2021, the Dutch development bank FMO announced that it is no longer involved in the Barro Blanco project, a controversial dam in Panama. GENISA, the Panamanian company that built the dam, unexpectedly paid off the multi-million dollar loan early. The question is to what extent, now that the bank is no longer actively financing the project, FMO can still be held responsible for the damage and suffering that was caused when this was still the case.
-
News / 23 November 2018
RSPO takes further steps towards a less harmful palm oil sector
The production of palm oil is often accompanied by deforestation, environmental destruction and land grabbing. Local communities and activists who stand up against these problems are often threatened. Now the RSPO has taken significant steps in recent months to tackle these issues.
-
News / 28 September 2018
Joan Carling is awarded with the UN’s highest environmental honor!
We congratulate Joan Carling, member of the permanent commission on indigenous peoples of the UN, for having received the Lifetime Achievement Award as 'Champion of the Earth' by the UN Environment! This is the UN's highest environmental honor, given to six of the world's most outstanding environmental change makers once a year.
-
News / 6 April 2017
Barro Blanco floodings: enormous damage
The closing of the Barro Blanco dam last year caused not only material but also cultural damage in the affected Ngäbe-Buglé communities in Panama. So far, funder FMO is not taking responsibility for the human rights abuses caused by the project. So, what now?
-
News / 21 March 2017
FPIC needs to move beyond an ‘end of the line-solution’
How can we more effectively implement FPIC-legislation and ensure the fundamental community rights of indigenous peoples are protected? Both ENDS' Wiert Wiertsema explores this question in an article in the newsletter of our partner NTFP-EP.
-
Blog / 18 January 2019
Unambitious and uninspiring: the European Commission’s proposal for stepping-up action on global deforestation
After five years of equivocation the European Commission has proposed a ‘roadmap’ for stepping-up EU action to address its contribution to global deforestation. Despite the escalating impact of EU trade in forest-risk commodities, regardless of repeated calls from the European Parliament for regulatory measures and contrary to the conclusions of the Commission’s own feasibility study in support of legislative intervention, the Commission has ruled-out out any new initiatives, let alone any legislative measures. The Commission’s solution to this complex problem: policy coherence.
-
News / 28 February 2018
Human Rights defenders from all over the world visit EU to call for strong measures against deforestation
This week, from 12 until 16 February, fourteen indigenous leaders and human rights defenders from forest countries came to the Netherlands to call upon Dutch policy makers to take serious action against human rights abuses, land grabbing and further deforestation in relation to large scale agriculture, timber logging and mining. The Dutch harbours of Rotterdam and Amsterdam receive enormeous amounts of soy and palm oil, both for the Dutch market and for further transport into Europe and elswhere.
-
News / 15 November 2018
All Eyes on the Amazon: the future of protecting forests in Brazil
On Wednesday, November 14, Dutch Newspaper De Volkskrant published a joint op-ed by Both ENDS, Hivos, Greenpeace Netherlands and Witness about the deforestation in the Amazon region which is still going on rapidly, having disastrous consequences for the indigenous people who live in the area, for biodiversity and for the climate. The Netherlands is one of the largest buyers of Brazilian agricultural products such as soy and beef, and should ensure that deforestation, land grabbing and human rights violations do not occur in these production chains. Unfortunately, this is not at all the case yet.
-
Dossier
Agua Zarca: indigenous fight against dam costs lives
Indigenous Hondurans are resisting the construction of the Agua Zarca hydrodam. Their fight has cost several lives, including that of Berta Cáceres. After considerable public pressure, Dutch development bank FMO withdrew from the project.
-
Dossier
Indigenous communities threatened by Barro Blanco dam in Panama
The Barro Blanco dam project in Panama, which has Dutch financial support, is causing indigenous lands to disappear under water. Both ENDS is working to protect the rights of indigenous communities living near the dam.
-
News / 9 December 2016
3 Steps to Stand Up for Human Rights in Development!
As we celebrate both the 30th anniversary of the UN Declaration on the Right to Development (December 4th) and Human Rights Day (December 10th), Both ENDS joins with communities and civil society groups around the world to call on development finance institutions, governments, and businesses to take 3 steps to stand up for Human Rights in development.
-
News / 22 November 2016
Is coastal defense project in Jakarta promoting Dutch business interests or protecting the city?
A Dutch economic trade mission is visiting Indonesia from the 21st to the 24th of November. Prime Minister Mark Rutte, who heads the mission, is accompanied by Minister Ploumen (Foreign Trade and Development), Minister Schultz van Haegen and State Secretary Dijksma (Infrastructure and Environment).
-
News / 23 July 2021
Dutch development bank FMO's funding for Agua Zarca project possibly linked to malpractices
The million-dollar loan that the Dutch development bank FMO provided to project developers of Honduran company DESA for the construction of the controversial Agua Zarca dam project in Honduras, may be related to gross corruption and malpractice. This is concluded in an article published today in the Dutch news paper Financieel Dagblad, based on information provided by COPINH, the indigenous organisation that has been opposing the construction of the dam for years. Several members of the organisation, including its leader Berta Cáceres, were murdered. DESA director David Castillo has recently been convicted of being involved in the assassination of Cáceres in 2016.