1 Introduction The Merian mine is located in Suriname, in northeast South America, and on the traditional lands of Maroon peoples. The Pamaka, one of the country’s six Maroon tribes, claims customary ownership of the land on which the Merian mine is located.1 The mine is owned by the Suriname Gold Project CV, a Surinamese limited partnership, in which the Suriname Gold Company LLC (“Surgold”), a wholly-owned subsidiary of Newmont Mining Corporation (“Newmont”), is the managing partner, and the Suriname government-owned oil company, Staatsolie Maatschappij Suriname NV (“Staatsolie Maatschappij”), is a limited partner. 2 Through its wholly-owned subsidiary Surgold, Newmont owns 75 percent of the project, and through Staatsolie Maatschappij, the Government of Suriname indirectly owns a 25 percent fully-funded share. In February 2016, Newmont commissioned RESOLVE to convene the Merian Expert Advisory Panel (the “Panel”) to consider matters relating to free, prior and informed consent (“FPIC”) within a human rights framework at Merian. Natural resource development and extraction can affect a vast array of indigenous and tribal peoples’ human rights, including land and resource rights, rights to culture, and rights to health.3 The Panel considers FPIC to be a mechanism to safeguard indigenous and tribal peoples’ human rights, including their rights over traditionally used and occupied lands and resources. At the same time, the operationalization of FPIC by state and corporate actors provides a framework through which to recognize and respect those rights. The mining industry’s engagement with indigenous and tribal peoples is evolving. There is broad agreement within the industry about the corporate responsibility to respect human rights and the need to work towards obtaining FPIC when mining occurs on lands traditionally owned or customarily used by indigenous or tribal peoples. The practical realities of implementation, however, are not straightforward. Newmont states that its approach to company-community engagement and negotiation at Merian is “based on the principles of FPIC”.4 Newmont does not claim to have obtained the FPIC of the Pamaka at Merian. There is no precedent for a large-scale resource developer obtaining FPIC for resource development from a Maroon tribe in Suriname. Against this backdrop, Newmont 1 These six tribes include the Saramaka, Pamaka, Ndyuka (Aukan), Kwinti, Aluku (Boni), and the Matawai. 2 Surgold’s name was changed from “Suriname Gold Company, LLC” to “Newmont Suriname, LLC” on 7 September 2016, while the Panel was writing this report. 3 See: UN Special Rapporteur on the rights of indigenous peoples, James Anaya, “Compilation of the conclusions and recommendations of the Special Rapporteur on the rights of indigenous peoples, James Anaya, on extractive industries affecting indigenous peoples and other issues related to business and human rights,” A/HRC/FBHR/2012/CRP.1, 29 November 2012. 4 See: http://sustainabilityreport.newmont.com/2015/econonics-and-socialperformance/indigenous-peoples 1

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