Indigenous Peoples FPIC Protocols

communities that they affect and the people they employ.” 64 As part of its 2013 Position Statement on Indigenous Peoples and Mining, the ICMM has outlined measures that its members have committed to in order to ensure respect of indigenous and tribal peoples’ rights. This includes a commitment to “work to obtain the consent of indigenous communities for new projects (and changes to existing projects) that are located on lands traditionally owned by or under customary use of indigenous peoples and are likely to have significant adverse impacts on indigenous peoples, including where relocation and/or significant adverse impacts on critical cultural heritage are likely to occur.” 65 ICMM members are not committed to applying this retrospectively to projects in advanced planning or operations, as is the case of the Merian project.66 Judgments of the Inter-American Court of Human Rights The Inter-American Court of Human Rights (“the Inter-American Court”) has specifically affirmed the collective rights of the indigenous and tribal peoples of Suriname, including collective rights over lands and natural resources, as guaranteed by the American Convention on Human Rights. The three judgments affirming these rights include: Moiwana Village v. Suriname 67 of 2005; Saramaka v. Suriname 68 of 2007; and Kaliña and Lokono Peoples v. Suriname 69 of 2014. In the case of Moiwana village v. Suriname, the Inter-American Court found that Suriname violated Article 21 of the American Convention on Human Rights protecting the right to property, and ordered Suriname to adopt legislative, administrative, and other measures necessary to ensure Moiwana property rights over traditional territories from which they were expelled, as well as to provide for the use and enjoyment of these territories and to create “an effective mechanism for the delimitation, demarcation and titling of said traditional territories.” 70 64 See: http://www.icmm.com/en-gb/society-and-the-economy/mining-and-communities/humanrights 65 ICMM, Indigenous Peoples and Mining Position Statement, May 2013, http://www.icmm.com/engb/members/member-commitments/position-statements/indigenous-peoples-and-mining-positionstatement. The ICMM’s 2013 position statement replaces an earlier position statement from 2008. 66 See: http://www.icmm.com/publications/pdfs/5433.pdf. ICMM members were expected to implement the commitments in the position statement by May 2015. The commitments do not apply to projects that had started the approvals and permitting processes at the time of the adoption of the position statement. 67 Moiwana Village v. Suriname, Judgment of 15 June 2005, Inter-Am Ct. H.R., (Ser. C) No. 124 (2005). 68 Saramaka People v. Suriname, Judgment of 28 November 2007, Inter-Am Ct. H.R., (Ser. C) No. 172 (2007). 69 Kaliña and Lokono Peoples v. Suriname, Judgment of 15 November 2015, Inter-Am Ct. H.R., (Ser. C) No. 309 (2015). 70 Moiwana, para. 209.