company is “operating on the ancestral lands of the Pamaka Community”. Within the Letter
of Intent, the Pamaka confirm that they “support Surgold’s right to explore for and extract
gold at the Merian Project as granted by the Government of Suriname”. The letter states
that the parties will work together in a mutually beneficial way to manage impacts and
maximize the value of each other’s presence in the area. The letter refers to the future
establishment of a Community Development Fund and was signed three months prior to the
signing of the Mineral Agreement for Merian.34
4.2
Negotiating the Cooperation Agreement
In June 2016, Surgold and Pamaka representatives finalized the negotiation of a
“Cooperation Agreement” to define each party’s roles and responsibilities for those matters
contemplated in the Letter of Intent. The Merian mine was, by this stage, in advanced
stages of construction. The agreement refers to the implementation of specific programs,
including infrastructure improvement and maintenance, preferential local employment and
procurement, participatory environmental monitoring, community health and safety, and
informal mining. The agreement also refers to establishing a complaints and grievance
mechanism, communication and information sharing, and outlines the parameters for the
creation of a Pamaka Community Development Foundation. The Panel spoke to several
company and community representatives who had attended a Gran Krutu event at
Langatabiki at which the Pamaka’s four Head Captains signed the agreement in the presence
of the Minister for Regional Development and Minister for Natural Resources. 35
The Cooperation Agreement was negotiated by the Pamaka Negotiating Committee (the
“Negotiating Committee” or “Committee”), a body appointed by the Pamaka traditional
authority in 2013 to negotiate the terms of the agreement with the company. 36 The
Negotiating Committee was not intended to replace the traditional authority of the Pamaka.
Instead, it was established to work closely with the traditional leaders and to convey their
wishes and objections concerning the proposed development benefits and related economic
activities. A Gran Krutu was held to introduce members of the Committee to the Pamaka
community when they were first appointed.
The Negotiating Committee comprised seven Pamakan individuals, including two female
representatives. The Panel confirmed that the company and the Committee met on a
regular basis, typically at Surgold’s office or hotels in Paramaribo. Surgold rented a separate
office and provided a computer and office supplies for the Committee to enable them to
meet independently from the company. Meetings between Surgold and the Committee
were not immediately focused on negotiating the Cooperation Agreement. Initially, the
34
The Mineral Agreement was signed on 22 November 2013 and the Letter of Intent on 30 August
2013.
35
A Gran Krutu is a large community gathering central for decision-making.
36
The Pamaka Negotiating Committee is also referred to as the “POC”.
15