1. Negotiate with the Maroon traditional authority structures agreements that
recognize and reflect the customary ownership and use of the land on which Merian
is operating, in accordance with the judgments of the Inter-American Court of
Human Rights, even if the government continues to fail to fully implement those
judgments. While the Panel recognizes the complexities of such a situation, working
towards a rights-based, benefit-sharing agreement with the Maroon peoples
presents an opportunity for constructive dialogue with the government about the
need to respect Maroon rights. Such an approach moves beyond the procedures
historically employed in similar contexts in the region, positioning Newmont to be a
leader in its alignment with international standards.
2. Work to encourage, incentivise and assist the Government of Suriname to recognize
and secure the land and resource rights of the Maroon tribes in accordance with the
judgments of the Inter-American Court of Human Rights.
3. Continue to engage with Maroon traditional authority structures, through mutually
agreed mechanisms and processes, and in doing so:
a. fulfil commitments to assist the community to access information about
agreement processes from other mining contexts
b. ensure that engagement processes and mechanisms reinforce the role and
status of women in the traditional authority and other decision-making
structures.
4. Continue to provide the Pamaka traditional authority and its delegate bodies with
access to independent legal advice and other expertise that addresses the inherent
power imbalances between the Maroons, the Government of Suriname and
Newmont. Extend this support to other Maroon tribes whose lands and resources
are impacted by Newmont’s activities. This should include:
a. financing independent lawyers chosen by traditional authorities to assist
them in all aspects of engagement and negotiations with Newmont and its
subsidiary
b. financing specialists (such as anthropologists and geographers) chosen by the
Maroon traditional authorities to work with them to map their customary
land ownership. This is all the more important in contexts where there is
debate over customary ownership.
c. provision of independent scientific advice about environmental matters of
concern and/or an independent review of the ESIA
d. facilitation of contact between the Maroon traditional authorities and
indigenous representative bodies from other contexts (e.g. Ghana, Australia
or Canada).
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