meetings provided a forum for discussing and resolving community concerns, issues and incidents during the project exploration and construction phases. Recognizing the ongoing imbalance in access to resources and the need to progress towards a good faith negotiation, in early 2015, the company suggested that the Committee retain independent legal representation. The Committee accepted this offer and appointed two lawyers to act on their behalf. 37 Surgold continued to make funds available to the Negotiating Committee for the anthropologist and lawyers during the negotiation for the Community Agreement, and added to this funding for a community development consultant. The community development consultant worked with the Committee and the Pamaka community to conduct village-level needs analysis to inform negotiations about the type of development projects that should be contemplated under the Cooperation Agreement. Committee members explained to the Panel that their work also involved disseminating information to the broader community. This was described as a challenging task. Most members of the Committee were employed in Paramaribo and had limited availability, and, furthermore, had limited prior experience with mining. Members of the Negotiating Committee also explained to the Panel that the transient nature of the local Pamaka population exacerbated the difficult task of community engagement. 38 4.3 Status of the Community Development Foundation By October 2016, Merian had commenced commercial production and Surgold had completed legal formalities to establish the Community Development Foundation, as contemplated by the Mineral Agreement. The Foundation’s Board had been appointed, comprising two representatives each from the Government of Suriname, Surgold and the Pamaka. The Pamaka Negotiating Committee’s formal role ceased with the signing of the Cooperation Agreement. 39 Company representatives said that they were focused on the establishment of the Foundation to ensure that tangible broad-based benefits started to flow to the community. The financial contribution and disbursement procedures were in the process of being agreed. 40 The Mineral Agreement states that the company must provide funding on an annual basis. At the time of writing, the community was said to have been finalizing the village-level plans as a basis of securing support for sustainable development projects within Pamaka communities. 37 As with the arrangement with the anthropologist, the Negotiating Committee was the client, and Surgold settled the accounts.. 38 The porous border between Suriname and French Guyana through the Marowijine River adds to the population’s transient and transnational character. 39 The Cooperation Agreement provides for an “Executing Body” appointed by the Traditional Authority. 40 Company representatives said that the company had paid USD 50,000 of seed funding in 2016. 16

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