5 February 1997
PRESS RELEASE
SURINAME: RECENT STATEMENTS ABOUT NIEUW KOFFIEKAMP ARE MISLEADING
Moiwana '86 read last weeks press coverage about the meeting in NK with
interest. We also heard Golden Star's lawyer, F. Kruisland discussing the
situation on the radio. We believe that there were a number of inaccuracies
that should be corrected from both the newspaper articles and from the radio
interview.
First, the newspaper article stated that the Government of Suriname would
have to pay Canadian mining company, Golden Star Resources USD500 million if
the people of Nieuw Koffiekamp refused to move from their village. This is
incorrect because article 6.11 of the 1994 Contract between the Government
and Golden Star clearly states that the people of NK, or any other village
affected by Golden Star's activities, may not be relocated without consent
of the Government in consultation with the traditional leaders of the
village. This means that it is the sole decision of the Government AND the
village leaders whether relocation may take place.
If the Government does not give its consent or if the village refuses to
relocate, the contract with Golden Star has not been violated and the
Government of Suriname will not have to pay any money to Golden Star. This
is true because monetary damages will only be awarded to GSR if Suriname
violates the contract. Consequently, it is neither inevitable that the
people of NK must be relocated, as stated by Golden Star in De Ware Tijd in
September and recently by Minister of NH, Alibux, nor is it correct that
Suriname will have to pay money damages to GSR if the people of NK exercise
their human right to refuse to move from their village.
Second, Golden Star's lawyer, F. Kruisland, stated on ABC Radio that the
people of NK were illegal occupants of the land. This is incorrect on two
counts: first, the Surinamese law recognizes that a person who has occupied
a piece of land for more than 30 years has a right to that land. Second,
under international law, Indigenous peoples and Maroons have the human right
to own and control the land that they occupy and use - the Government has
signed human rights treaties that recognize this right and is obligated by
the Surinamese Constitution to respect international law.
In the case of NK, this means that the village has the right to own the land
that the village rests upon as well as the land that they use for hunting,
fishing, agriculture and other traditional activities. The 1992 Peace Accord
also includes small-scale mining among the traditional activities that are
protected on Maroon and Indigenous lands. Hunting, agriculture and other
traditional activities are themselves protected by human rights law because
they are related to the culture of Indigenous peoples and Maroons.
The people of NK also have a right under international law not to be
forcibly relocated from their land. This means that the Government or Golden
Star must obtain their consent before relocation can take place. The 1994
Contract with Golden Star appears to say the same. Therefore, it is both
inappropriate and incorrect for the Government and Golden Star to say that
relocation of the village is inevitable. The village was ignored when the
the agreement was signed with Golden Star - in violation of its right to
participate in decisions that may affect it - and, it would appear, based on
public statements, that Golden Star and the Government intend to also ignore
the village in deciding whether relocation should or should not take place.
Moiwana '86 once again calls upon both the Government and Golden Star to
respect the human rights, including the land rights, of the people of NK.
For further information please contact the Forest Peoples Preogramme,
1c Fosseway Business Centre, Stratford Road, Moreton in Marsh, GL56 9NQ, U.K.
Tel: 44 1608 652893 Fax: 44 1608 652878 E-mail: wrm@gn.apc.org
Forest Peoples Programme
1c Fosseway Business Centre
Stratford Road, Moreton-in-Marsh
GL56 9NQ, England
email: wrm@gn.apc.org
tel: +44 (0)1608 652893 Fax: +44 (0)1608 652878
The Forest Peoples Programme is an affiliate of the World Rainforest Movement.