A/HRC/33/4
46.
The above-mentioned was the first concrete step to ensure prevention and remedy of
the effects of mercury contamination, among others, on indigenous lands.
47.
Artisanal and small-scale gold mining was the sector in which mercury was used and
was also the biggest source of mercury contamination in the country.
48.
Another initiative was that of cooperation between Government, through some of its
institutions, non-governmental organizations and the country’s university as part of the
Mercury-Free Partnership, whose goal was to encourage the phasing out of mercury use
within artisanal and small-scale gold mining by promoting the use of mercury-free
technologies and awareness building.
49.
With respect to the implementation of the judgments of the Inter-American Court of
Human Rights in the cases of Saramaka People v. Suriname and Kaliña and Lokono
Peoples v. Suriname, the political will was present to undertake the necessary steps in that
regard.
50.
However, the extent and the nature of the judgments obliged the State to adopt a
certain degree of cautiousness. The State wished to execute the judgments in the most
responsible manner possible, while ensuring that there was overall ownership of the process
that it had embarked upon as a nation.
51.
The State was bound to such cautiousness since it was evident that, to date, there
was no common agreement among the indigenous and tribal communities on certain major
aspects of the judgments.
52.
Divergent positions were certainly evident with respect to agreeing on an applicable
map of land use for those communities. It was therefore complex for the State to embark
upon specific actions for delimitation and demarcation.
53.
The judgment by the Inter-American Court of Human Rights in Moiwana
Community v. Suriname was almost fully implemented. Parts of the judgment that still
needed to be implemented related to demarcation of the land and would be executed
together with the implementation of the Saramaka judgment.
54.
In the case of Moiwana, it should be noted that the Court had wrongfully assigned
Moiwana as property belonging to Maroons (tribal communities), whereas those lands were
indigenous lands. The indigenous peoples had objections in that regard.
55.
In addition, the principle of free, prior, and informed consent was already
implemented in practice by multinationals and large local companies who had to consult
with local indigenous and tribal communities.
56.
For instance in Sarakreek, the Government had mediated an agreement between the
Saramaka people and the owners of the scalians.
57.
The Government also had mediated an agreement between the IAMGOLD
Corporation and the inhabitants of Koffiekamp village.
B.
Interactive dialogue and responses by the State under review
58.
During the interactive dialogue, 55 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
59.
Indonesia appreciated the accession to the Optional Protocol to the Convention on
the Rights of the Child on the sale of children, child prostitution and child pornography, the
establishment of a road map for combating trafficking (2014-2018), the development of a
gender work plan and amendments to the Penal Code to increase the protection of children.
GE.16-11346
7
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