Date of publication
Aug. 18, 2011
Document Reference #

A/HRC/18/35/Add.7

Publishing Organization
Special Rapporteur on the Rights of Indigenous Peoples
Document Type
Observation and Recommendations
Country
Suriname
Relevant paragraphs, or extracts

39. Finally, it will be necessary for the Government to review existing laws and the Constitution to ensure their consistency with the protections for indigenous and tribal peoples to be enacted. This was required by the Inter-American Court in the Saramaka decision, which ordered that Suriname to “remove or amend the legal provisions that impede protection of the right to property of the members of the Saramaka people”. Proposed amendments to the Constitution are included in the appended 2005 proposal. In addition to possible amendments to the Constitution, the process of harmonizing existing legal provisions with indigenous and tribal rights may include revisions of the Mining Decree of 1986 (and the draft revised Mining Act of 2004), the Forest Management Act of 1992, and legislation concerning national parks and protected areas, among other laws to be identified. The Special Rapporteur recommends that the joint commission or other appropriate platform established for consultations with indigenous and tribal peoples be tasked with identifying the laws and policies that will need to be amended, as well as with developing amendments to propose to the relevant government authorities. Indigenous and tribal people should be consulted in this process to ensure that appropriate and satisfactory arrangements are made.