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TITLE: SURINAME HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
SURINAME
Consolidation of democratic constitutional government continued
slowly and fitfully following installation of a freely elected
Parliament and the inauguration of a democratically elected
President in 1991. The Government of President Ronald
Venetiaan is composed of ministers drawn from a four-party
coalition which holds the majority of seats in the multiparty
National Assembly. In May the Government successfully
installed a military commander of its own choosing to replace
military strongman Desi Bouterse, who resigned as military
commander in late 1992, and named its own choices as
subordinate commanders.
The Government thus made a significant advance in exercising
control over the country's military establishment, which, under
Bouterse's leadership, had overthrown civilian governments
twice in 10 years (most recently in December 1990). Cooperation
between the military police and the civilian police improved
after the installation of the new military commanders. The
military police continued to perform the immigration function
at the country's points of entry.
Suriname's economy is largely agricultural but also depends
heavily upon export revenues from the key bauxite sector. Real
gross domestic product contracted as the economy suffered from
rapid inflation, foreign exchange shortages, and a flourishing
black market. The Netherlands limited its aid flows because
the Government made little progress in implementing the
economic structural adjustment program adopted in late 1992.
The number of new allegations of human rights abuses remained
low. The principal problems included police mistreatment of
detainees, abuse of prisoners, overcrowding of prisons and
jails, intimidation of the press, violence against women, and
marginalization of indigenous people. The Government failed to
call to account human rights abusers from previous regimes.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings in 1993. There
were allegations, however, that prison guards beat an escaped
prisoner to death after he was recaptured. The nongovernmental
human rights group Moiwana '86 took up this case, and the
Government investigated possible misconduct on the part of the
prison guards or police. The Government had not announced any
results of the inquiry by year's end.
The Government reluctantly investigated reports of the finding
of the remains of several people killed during the 1986-91
insurgencies in the interior. No results of the investigation
were released, and the Government intimated that the claim was
part of an effort by a former insurgent group to stir up
trouble. Moiwana '86 continued to pursue the court case it
instituted in 1992, challenging the validity of the law that
conferred amnesty on members of the military and the insurgents
for crimes (except crimes against humanity) committed since
1985, but no final judgment was rendered.
The Government took no action to investigate past human rights
violations, such as the 1982 killing by the military regime of
15 civic leaders or the 1986 massacre of civilians at the
village of Moiwana. On September 10, the Inter-American Court
of Human Rights rendered a judgment concerning compensation to
be paid to the survivors of seven Maroons (descendants of
escaped slaves who fled into the interior to avoid recapture)
killed near the village of Pokigron in 1987, for which the
Government had admitted responsibility in 1991. The trustees
appointed by the Court to oversee payment of compensation plan
to begin working out details of implementation with the
Government in early 1994. The Court did not render a decision
in a second case arising from the killing several years ago of
a Surinamese citizen who had recently returned from the
Netherlands.
b. Disappearance
During 1993, there were no new allegations of the disappearance
of Surinamese citizens, but the Government took no action to
investigate earlier allegations of disappearances occurring
under previous regimes. Three Colombian nationals believed to
be involved in narcotics trafficking disappeared in 1993. The
police are still investigating the incident. However, the
authorities secured convictions of two soldiers involved in a
case thought to be related to the disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits inhuman treatment or punishment, but
human rights monitors continued to express concern about
official mistreatment of prisoners. In addition to the death
described above, it was also alleged that five other recaptured
prisoners were beaten, with varying degrees of severity, by
prison guards. One knowledgeable observer stated that prison
guards beat inmates with some frequency. No results of the
Government's inquiry into charges that guards beat several
recaptured convicts had been released by year's end.
Severe jail overcrowding continued to be a serious problem. At
police stations where suspects are held pending trial, cells
contained as many as four times the number of detainees they
were designed for and were very unsanitary. Female prisoners
are in the charge of male police officers, and a knowledgeable
observer said instances of sexual harrassment are not uncommon.
d. Arbitrary Arrest, Detention, or Exile
According to Surinamese law, a person suspected of committing a
crime for which the sentence is longer than 4 years may be
detained by the police for investigation for up to 14 days.
Within the 14-day period, the accused must be brought before a
prosecutor to be formally charged. If additional time is
needed for investigating the charge, a prosecutor may authorize
the police to detain the suspect for 30 days more. Upon the
expiration of the initial 44 days, a "Judge of Instruction" may
authorize the police to hold the suspect for up to 120
additional days, in 30-day increments (for a total of 164
days), before the case is tried. The Judge of Instruction has
the power to authorize release on bail, but that power is
rarely, if ever, used. There were no reports of detentions in
contravention of these standards in 1993.
Pretrial detainees constituted 38.5 percent of the total prison
and jail population of 1,007. Of those held in police custody,
18.2 percent had already been convicted. Requiring the police
to maintain custody of convicted prisoners increases the
overcrowding in their facilities.
The military police observed the requirement to hand over to
the civil police civilians arrested for committing a crime in
their presence. The military police continued to perform the
immigration function at the country's borders and airports but
no longer investigated civilian crimes.
The convictions of four soldiers for setting fire to a
television station and the conviction of a consular officer who
claimed links to the former military leadership demonstrated
progress in the civilian Government's efforts to consolidate
its control of the military and to hold all citizens responsible
for criminal conduct regardless of their position. The
Government's success on January 3, 1994, in arresting a former
military police commander wanted on drug charges continued the
trend.
Exile is not used as a means of political control.
e. Denial of Fair Public Trial
Although the Constitution provides for an independent judiciary
and the right to a fair public trial in which defendants have
the right to counsel, the effectiveness of the civilian and
military courts is limited. The court system follows the Dutch
model. Lawyers in private practice are assigned to defend
prisoners and paid from public funds. An accused may be held
for up to 164 days before trial, but periodic reviews of the
case are required at progressively higher levels of authority.
A detainee who is not tried within the 164-day period must be
freed. Trials are before a single judge, with right of
appeal. There were difficulties within the public prosecutor's
office, with two experienced prosecutors departing as the
result of disputes with the office's chief. There is little
firm evidence of the extent to which corruption has affected
the court system, but the entire criminal justice system was
subjected to severe strain when the military was ascendant and
prominent members were involved in or afforded protection to
drug traffickers.
Military personnel are generally not subject to civilian
criminal law. A soldier who commits a crime immediately comes
under military jurisdiction. Military prosecutions are
directed by an officer on the public prosecutor's staff who is
assigned that function. Military trials take place in separate
courts before a judge and two military personnel. The military
courts follow the same rules of procedure as the civil courts.
There is no appeal from the military to the civil system. The
military police are responsible for all investigations
involving military personnel.
Since the change of military command in May, coordination
between the military police and the civil police improved, and
there were no further instances of military interference in
civilian police investigations. The pervasive climate of fear
and intimidation that previously prevented cases involving
military personnel or drug traffickers from being tried began
to dissipate, and prospects for the impartial administration of
justice began to improve.
There were no known political prisoners held during the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right to privacy. Warrants,
issued not by judges but by quasi-judicial officers who
supervise criminal investigations, are required for searches
and are obtained in the great majority of investigations. As
the new military commander consolidated his control of the
armed forces, he curbed invasions of privacy by the military
such as illegal monitoring of telephone calls, monitoring of
the movements of human rights activists, and threatening
government officials, policemen, politicians, human rights
workers, and journalists. Although some of the individuals
involved in these activities attempted to continue them on
occasion, they apparently were not acting with military
authority.
In October there was a series of grenade attacks on homes and
businesses of several persons prominently associated with the
Hindustani political party which belongs to the ruling
coalition. Although it was possible the attacks were the
result of intraparty quarrels or part of a criminal extortion
attempt, they were most likely the work of forces associated
with the former military leadership. The police investigation
of the incidents, however, was not successful in identifying
the principal perpetrators.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and expression
of opinion through the printed press or other media. The
parliamentary and extraparliamentary opposition criticizes the
Government freely.
Suriname's two daily newspapers and most of its radio stations
are privately owned. Its two television stations and one of
the country's radio stations are publicly owned. After the
change of military command, journalists felt that, although
government officials might criticize them for their reporting,
the Government would not use force against them. However, many
members of the media continued to believe that elements
associated with the former military leadership would use force
against them and therefore avoided filing reports they thought
the former military leaders would find objectionable.
The leading human rights organization charged in November that
the Government prevented the broadcast of two radio programs
during the year. One of the journalists involved said the
Government warned him about broadcasting erroneous information
but later withdrew the accusation.
In May a television station which strongly supported the
Government in a confrontation with the military leadership over
the naming of the new military commander was attacked and
burned in an apparent attempt to intimidate the media. The
Government and citizenry quickly came to the support of the
station, which was able to resume its broadcasts. Four current
or former members of the military, at least one of whom was a
bodyguard of former military strongman Desi Bouterse, were
convicted and sentenced to prison for the attack.
The Government did not attempt to interfere with publications
nor academic freedom. The Guyanese author of a work seized in
1992 by Surinamese authorities on the grounds that it
blasphemed the Hindu religion continued to seek compensation in
the Surinamese courts. In April a judge declined to issue a
summary judgment in his favor. No final judgment had been
issued by year's end.
b. Freedom of Peaceful Assembly and Association
The right to assemble peacefully and to form associations for
nonviolent purposes is protected constitutionally, and these
rights are respected in practice. Official registration of
associations is required in many instances and is generally
granted. Political and other meetings take place unhindered.
Most large public meetings require permits, which are routinely
issued.
c. Freedom of Religion
Freedom of religion is provided for by the Constitution and is
respected in practice. There is no state religion. Foreign
clergy are allowed to minister to both local and expatriate
congregations, and missionaries enter the country freely to
proselytize. Religious groups maintain international contacts,
freely organize trips abroad, and publish periodicals.
Adherence to a particular faith is neither a bar to, nor a
requirement for, entry into political, economic, or social
fields.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Surinamers may change their residences and workplaces freely
and travel abroad as they wish. Political dissidents who
emigrated to the Netherlands and elsewhere during the years of
military rule are welcome to return. Some, but not many, of
them have chosen to do so. Citizenship is not revoked for
political reasons.
The large majority of refugees who fled into French Guiana
during the insurgency in the interior have now returned to
Suriname, and the U.N. High Commissioner for Refugees closed
its office in Paramaribo. Suriname continued to provide refuge
to a small number of Haitian migrants.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides for this right, but in the past the
military prevented its effective exercise. The Constitution
stipulates that power and authority rest with the people and
provides for the right to change the government peacefully
through the direct election by secret ballot of a National
Assembly of 51 members every 5 years. The National Assembly
then elects a President by a two-thirds vote. If the
legislature is unable to do so, as was the case after the last
election in 1991, the Constitution provides that a National
People's Assembly comprising members of Parliament and regional
and local officials shall elect the President. Although the
Surinamese military has twice handed over power to elected
civilian governments following coups, one elected government
has not yet succeeded another in accordance with constitutional
provisions.
The Constitution provides for the existence of political
parties, and eight parties or political coalitions are
represented in the National Assembly. Although the
Constitution proscribes discrimination on the grounds of birth,
sex, race, language, or religious origin, there are several
factors that limit the participation of Maroons and Amerindians
in the political process. Most of the country's political
activity takes place in the capital and a narrow belt running
east and west of it along the coast. The Maroons and
Amerindians are concentrated in remote areas and therefore have
limited influence in the political process. Most Surinamese
political parties are ethnically based. There is a small
Maroon political party which holds three seats in the National
Assembly and belongs to an opposition coalition. There are no
Amerindian political parties. There are four Maroons, one
Amerindian, and three women in the National Assembly. There
are no Maroons, Amerindians, or women in the Cabinet.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Nongovernmental human rights organizations operated freely in
Suriname. After the change of military command, the Government
and the military participated in the dedication of a memorial
to victims of human rights abuses since the first military coup
in 1980. Several private participants called for full
investigation of the abuses. Nethertheless, the Government
initiated no investigations of possible human rights abuses
during earlier regimes other than its inquiry into the reported
finding of a mass grave near the village of Moiwana, noted
above. On occasion the Government reacted with disfavor to
calls for investigations into past possible human rights
violations.
The National Institute of Human Rights, funded by the
Government but authorized to act independently, is widely
regarded as inactive and ineffective. Nonetheless, its
chairman stated that Cabinet members often implement its
recommendations. When the Institute's five members' terms
expired, the Government extended their tenure indefinitely and
failed to appoint new members.
The Government failed to implement several recommendations by
the Inter-American Commission on Human Rights that it
investigate killings during the tenure of the military regime.
The Government welcomes visits from foreign and international
human rights groups. It has not had to deal with any outside
requests for human rights investigations or charges that it has
violated human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution and laws do not differentiate among citizens
on the basis of their ethnic origins, religious affiliations,
or other cultural differences. In practice, however, several
groups within Surinamese society suffer some form of
discrimination.
Women
Women have a legal right to equal access to education,
employment, and property. Nevertheless, social pressures and
customs inhibit the full exercise of these rights, particularly
in the areas of marriage and inheritance. Surinamese law does
not differentiate between domestic violence and other forms of
assault, and the Government has not specifically addressed the
problem of violence against women. However, violence against
women is a problem throughout society. The private foundation
"Home for Women in Crisis Situations" has been consistently
oversubscribed by women from all the country's ethnic groups
and their children. It expanded its capacity from 7 to 15
rooms with international and private assistance but was not
successful in securing government support.
Children
An estimated 50 percent of the population is under the age of
18, but government efforts to attend to the human rights and
welfare of children are not highly developed. About 18 percent
of the Government's expenditures were for activities that would
promote the welfare of children. In the capital, where most of
the country's population is concentrated, there are some
orphanages, and a privately funded shelter for sexually-abused
children was opened in 1993. Elsewhere, distressed children
must usually rely on the resources of their extended families.
Indigenous People
Amerindians and Maroons are formally able to participate in
Suriname's political process and society on an equal footing
with the country's other inhabitants. In practice, however,
most of the members of these two groups suffer a number of
disadvantages and have only limited ability to participate in
decisions affecting their lands, cultures, traditions, and
natural resources. Suriname's political life, educational
opportunities, and jobs are concentrated in the capital and its
environs, while the majority of Amerindians and Maroons live in
the interior.
Government services became largely unavailable, and much of the
infrastructure was destroyed, in the interior during the
1986-91 insurgencies; progress in reestablishing services and
rebuilding the infrastructure was very slow. Although the
accords ending the insurgencies provided for the appointment of
a Consultative Council on the Development of the Interior,
including representatives of the Maroon and Amerindian
communities, the Government has not yet appointed that council.
Representatives of the Amerindian community complained in
September that they were not consulted about the grant of a
large timber concession to an Indonesian company in areas they
inhabited. The Government did not respond to Amerindian
complaints about the timber concession.
People with Disabilities
In general, Surinamese society has not yet addressed the
question of people with disabilities. There are some training
programs for the blind and others with disabilities. However,
there are no laws concerning access for disabled people and no
provisions for making private or public buildings accessible to
them. Neither are there laws mandating that they be given
equal consideration when seeking jobs or housing.
Section 6 Worker Rights
a. The Right of Association
The Constitution protects the right of workers to associate and
to choose their representatives democratically. At least
40 percent of the work force is organized into unions, most of
which belong to one of the country's six major labor
federations. Unions are independent of the Government and play
an active role in politics. A small Labor Party, which is
independent of the labor movement but includes the chairmen of
two of the most influential labor federations in its
leadership, is part of the ruling four-party coalition and
provides three Cabinet members.
There are no restrictions on unions' international activities.
Several Surinamese labor federations were reaccepted as
affiliates of international trade union organizations in the
late 1980's, after having been suspended for collaboration with
the military regime earlier in the decade.
The Constitution protects the right of nongovernment employees
to strike. Civil servants have no such right to strike or
mount other labor actions, but in practice they are able to do
so. Strikes in both the public and private sectors were common
as workers tried to secure wage gains to protect their earning
power from rapid inflation.
b. The Right to Organize and Bargain Collectively
These rights are explicitly recognized by the Constitution and
respected in practice. Collective bargaining agreements cover
approximately 50 percent of the labor force. The law prohibits
antiunion discrimination by employers, and there are effective
mechanisms for resolving complaints of such discrimination.
Employers must have prior permission from the Ministry of Labor
to fire workers, except when discharging an employee for
cause. Dismissals for cause are individually reviewed by the
Labor Ministry, and if it finds the discharge unjustified, the
employee must be reinstated.
There are no special economic zones in Suriname.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there were no known instances of it in 1993.
d. Minimum Age for Employment of Children
Surinamese law sets the minimum age for employment at 16 years.
Enforcement of this law by the Ministry of Labor and the police
is sporadic and only partially effective, however. Those under
16 years of age are often employed as street vendors, newspaper
sellers, and shop assistants. School attendance is compulsory
until the age of 12. However, both in the capital and in the
country's interior some school-age children do not have access
to education because of lack of transportation, facilities, or
teachers.
e. Acceptable Conditions of Work
Suriname has no minimum wage legislation. The Government's
lowest wage for unskilled laborers will not provide a decent
living for a worker and family. Work in excess of 9 hours per
day or 45 hours per week on a regular basis requires special
government permission, which is routinely granted. Such
overtime work earns premium pay. One 24-hour rest period,
usually but not necessarily Sunday, is required per week.
A 10- to 12-member inspectorate of the Occupational Health and
Safety Division of the Ministry of Labor is responsible for
enforcing legislated occupational safety and health
regulations. There is, however, no law authorizing workers to
refuse to work in circumstances they deem unsafe. They must
appeal to the inspectorate to declare the circumstances
unsafe. Resource constraints and lack of trained personnel
preclude the Division from making regular inspections of
Surinamese industry. Accident rates in local industry do not
appear to be high, and the key bauxite industry has an
outstanding safety record.
[end of document]
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