invited the Panel to review its on-the-ground practices at Merian and provide advice about how the company can better align with FPIC principles in the future. The following factors are important background considerations in this case: • • • • • Newmont has committed to respect human rights and particularly the social, economic and cultural rights of indigenous peoples since at least 2006. 5 In 2014, Newmont committed to work to obtain the consent of indigenous peoples when operating on their traditionally-owned or customarily-used lands. 6 Planning and development of the Merian mine pre-dates Newmont’s specific FPIC policy commitments, which do not demand retrospective application or application to projects in advanced stages of permitting or development. The Government of Suriname does not formally recognize the customary land and resource rights of any Maroon or indigenous tribes, despite legally binding judgments by the Inter-American Court of Human Rights demanding that it do so and its commitments to implement those judgments. It is apparent that the Government granted the company exploration and mining licenses on Maroon customary lands, contrary to its human rights obligations. The Government did not ensure effective consultations with Maroon tribes prior to granting the licenses, as required by international standards. 7 To enable the advancement of the Merian project, the Government of Suriname evicted some Pamaka people from customary land. Pamaka artisanal and smallscale (“informal”) miners and other groups had been mining within the Right of Exploration.8 Newmont, Social Responsibility Policy, 2006. Newmont is a founding member of the International Council on Mining (ICMM), established in 2001, and through its membership has committed to “respect human rights and the interests, cultures, customs and values of employees and communities affected by our activities” since 2003 (ICMM, 10 Principles on Sustainable Development, Principle 3). 6 Newmont’s commitment to “work to obtain the consent of indigenous peoples” aligns with the ICMM’s (2013) Position Statement on Mining and Indigenous Peoples. See: http://www.icmm.com/publications/pdfs/position-statements/5433.pdf 7 Under domestic law in Suriname, as in most other jurisdictions, sub-surface minerals are the property of the state, which grants developers approval to explore and mine what the state classifies as domain land. Nevertheless, under international human rights law, as explained in this report at pages 3-5, states have an obligation to consult with indigenous and tribal peoples, with the objective of obtaining their consent, for extractive projects that affect them, regardless of subsurface ownership. While the Government of Suriname granted exploration licenses before a judgment of the Inter-American Court of Human Rights (Saramaka v. Suriname) established domestic law and practice in Suriname to be inconsistent with this international standard, its granting of the exploitation licenses came after the Court’s judgment. 8 There are various forms of informal mining in the area, from rudimentary to highly mechanized. 5 2

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