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TITLE: SURINAME HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
SURINAME
After over a decade of predominantly military rule, Suriname
installed a freely elected Parliament and inaugurated a
democratically chosen President in 1991. Since then the
Government has made fitful progress in consolidating democracy
and slow but steady progress toward reestablishing civilian
authority over the military. 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 1992 the Government concluded
a peace accord with members of insurgent groups which had
fought a domestic armed conflict between 1986 and 1991.
In 1993 the Government replaced former military strongman
Desire Bouterse as commander of the armed forces with a new
commander of its own choosing, and also replaced four
subordinate commanders. Since then, cooperation between the
military and the civilian police improved as respective roles
were clarified. Civilian police bear primary responsibility
for the maintenance of law and order, and they continued to be
responsible for some human rights abuses.
The market-oriented economy is largely agricultural, but with
an important bauxite and alumina export sector. There is a
high degree of state involvement and regulation; the Government
and parastatal companies employ over half the working
population. For the last several years, depressed world prices
for bauxite and alumina and the damaging effects of the
country's domestic armed conflict resulted in high inflation
and reduced economic growth.
The principal human rights abuses included police mistreatment
of detainees, abuse of prisoners, overcrowding of jails,
government intimidation of the press, societal violence against
women, and marginalization of indigenous people. The
Government continued to fail 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 or other extrajudicial
killings. The authorities have taken no action against prison
guards who allegedly beat a prisoner to death in 1993.
The human rights group 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 between January 1985 and August 1992, but the court
rendered no final judgment.
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. The Government failed to abide by a 1993
judgment rendered by the Inter-American Court of Human Rights
to pay compensation 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,
although in 1991 the Government admitted responsibility for the
killings. The Government did provide funds to set up a
foundation responsible for disbursing compensation to relatives
of the victims.
b. Disappearance
There were no new allegations of disappearances, but the
Government took no action to investigate earlier allegations of
disappearances which occurred under previous regimes.
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 detainees and prisoners. Prison
guards reportedly beat inmates frequently. The authorities
arrested a prison warden in September in connection with the
beating of a prisoner of Dutch nationality, but had not brought
him to trial by year's end. The Government has not released
the results of an inquiry into charges that guards beat several
recaptured prisoners in 1993.
Severe jail overcrowding continued to be a serious problem. At
police stations, cells intended for suspects awaiting trial
contained as many as four times the number of detainees they
were designed for and were very unsanitary. Guards allow
detainees no exercise and only rarely permit them to leave the
cells. Detainees also suffer from inadequate nutrition. The
Government began construction of two new facilities to relieve
the overcrowding. In some jails, female prisoners are in the
charge of male police officers, and these officers reportedly
routinely abuse female prisoners sexually.
d. Arbitrary Arrest, Detention, or Exile
According to the law, police may detain for investigation up to
14 days a person suspected of committing a crime for which the
sentence is longer than 4 years. Within the 14-day period, the
police must bring the accused before a prosecutor to be
formally charged. If additional time is needed to investigate
the charge, a prosecutor may authorize the police to detain the
suspect for an additional 30 days. 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.
Pretrial detainees constitute nearly 70 percent of the total
prison and jail population of 1,510. Of those held in police
custody, 15 percent had already been convicted.
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.
While not specifically forbidden by law or the Constitution,
exile is not practiced 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 courts assign lawyers in
private practice to defend prisoners and pay them from public
funds. The courts must, and in practice do, free a detainee
who is not tried within the 164-day period. Trials are before
a single judge, with the right to appeal. There is little firm
evidence of the extent to which corruption affects the court
system, but the entire criminal justice system was subjected to
severe strain in previous years when the military controlled
the Government and prominent members of the judiciary were
involved with, or afforded protection to, drug traffickers.
Military personnel are generally not subject to civilian
criminal law. A soldier accused of a crime immediately comes
under military court jurisdiction, and military police are
responsible for all such investigations. Military prosecutions
are directed by an officer on the public prosecutor's staff,
and take place in separate courts before two military judges
and one civilian judge. The military courts follow the same
rules of procedure as the civil courts. There is no appeal
from the military to the civil system.
Since the change in military leadership in 1993, coordination
between the military police and the civil police has 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. However, although the Government
arrested the former military police commander in January on
drug charges and tried him before a military tribunal, the
court released him on August 8 due to "lack of evidence."
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right to privacy. The law
requires warrants for searches, which are issued not by judges
but by quasi-judicial officers who supervise criminal
investigations. The police obtain them in the great majority
of investigations. The new military command curbed invasions
of privacy by the military such as the illegal monitoring of
telephone calls, monitoring the movements of human rights
advocates, and threatening government officials, policemen,
politicians, human rights workers, and journalists. Although
some persons continued these activities on occasion, the
military authorities reportedly did not authorize them to do so.
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, and the
Government generally respects these rights. The parliamentary
and extraparliamentary opposition criticize the Government
freely. In at least one instance, however, the Government
acted arbitrarily in response to criticism. The authorities
arrested a Dutch journalist of Surinamese descent in May, after
he charged in a Dutch magazine that members of the Government
were corrupt. They detained the journalist in a cell for over
6 weeks for disturbing the public order but filed no formal
charges, and then deported him.
The Government's incomplete control over the military allows
the former military leadership to intimidate members of the
media into practicing self-censorship and not publishing
reports they think the military leaders will find objectionable.
Suriname's two daily newspapers and most of its radio stations
are privately owned. The two television stations and one of
the radio stations are publicly owned. The Government did not
attempt to interfere with publications or to abridge academic
freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble peacefully
and to form associations for nonviolent purposes, and the
authorities respect these rights in practice. The law requires
official registration of associations and permits for most
large public meetings, which the authorities routinely issued.
Political and other meetings take place unhindered.
c. Freedom of Religion
The Constitution provides for freedom of religion and the
authorities respect it in practice. Foreign clergy are allowed
to minister to both local and expatriate congregations, and
missionaries enter the country freely to proselytize.
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
Citizens may change their residences and work places 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. Few of them have chosen to do so.
Citizenship is not revoked for political reasons.
Suriname continued to provide refuge to a small number of
Haitian migrants. It does not forcibly repatriate refugees.
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. 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 current Government is still in the process of
institutionalizing democratic, constitutional rule.
The Constitution stipulates that power and authority rest with
the people and provides for the right to change the government
through the direct election by secret ballot of a National
Assembly of 51 members every 5 years. The National Assembly
then elects the President by a two-thirds vote. If the
legislature is unable to do so, as was the case after the 1991
election, the Constitution provides that a national People's
Assembly comprising Members of Parliament and regional and
local officials shall elect the President.
The Constitution provides for the existence of political
parties, and many parties and political coalitions are
represented in the National Assembly. Although the
Constitution proscribes racial or religious discrimination,
several factors 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 access to, and influence in, the political process.
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.
There are historical and cultural impediments to equal
participation by women in leadership positions in government
and political parties. In the past, most women expected to
fulfill the role of housewife and mother, thereby limiting
opportunities to gain political experience or position.
Participation by women in politics (and other fields) was
generally considered inappropriate. While women have made
limited gains in attaining political power in recent years,
political circles remain under the influence of traditional
groups and women are disadvantaged in seeking high public
office.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Nongovernmental human rights organizations operated freely in
Suriname. 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' 10-year
terms expired, President Venetiaan did not appoint new members
and refused to accept letters of resignation, thus extending
their tenure indefinitely.
The Government reacted negatively to calls for investigations
into past possible human rights violations and refused to
initiate such studies. It 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 has not had to deal with any
outside requests for more recent human rights investigations or
charges that it had 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 society suffer various forms of discrimination.
Women
Women have a legal right to equal access to education,
employment, and property. Nevertheless, social pressures and
customs inhibit their full exercise of these rights,
particularly in the areas of marriage and inheritance. The 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. According to
a national women's group, victims reported approximately
425 cases of violence against women. It remains a problem at
all levels of society.
Children
The Government makes only limited efforts to ensure the human
rights and 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 opened in 1993. Elsewhere, distressed children must
usually rely on the resources of their extended families. Both
in the capital and in the country's interior, some school-age
children do not have access to education because of a lack of
transportation, facilities, or teachers.
Indigenous People
Most Amerindians and Maroons suffer a number of disadvantages
and have only limited ability to participate in decisions
affecting their lands, cultures, traditions, and natural
resources. The nation'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 in the interior became
largely unavailable and much of the infrastructure was
destroyed during the 1986-91 domestic insurgencies; progress in
reestablishing services and rebuilding the infrastructure was
very slow. Although the peace accords ending the insurgencies
provided for the appointment of a Consultative Council for the
development of the interior, including representatives of the
Maroon and Amerindian communities, the Government has not yet
appointed that Council. The Government did not consult with
representatives of the Amerindian and Maroon communities about
the granting of gold and timber concessions in areas they
inhabit.
People with Disabilities
There are no laws concerning access for disabled people and no
provisions for making private or public buildings accessible to
them. There are also no laws mandating that they be given
equal consideration when seeking jobs or housing. However,
there are some training programs for the blind and others with
disabilities.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for 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 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 also provides for the right of nongovernment
employees to strike. Civil servants have no legal 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
The Constitution explicitly recognizes these rights and the
authorities respect them 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. The Labor Ministry individually reviews
dismissals for cause; if it finds a discharge unjustified, the
employer must reinstate the employee.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there were no known instances of it.
d. Minimum Age for Employment of Children
The law sets the minimum age for employment at 16 years. The
Ministry of Labor and the police enforce this law only
sporadically, however. Those under 16 years of age are often
employed as street vendors, newspaper sellers, or shop
assistants. School attendance is compulsory until the age of
12.
e. Acceptable Conditions of Work
There is no minimum wage legislation. The Government's lowest
wage for a civil servant is about $6 (SF3085) a month, which
will not provide a decent living for a worker and family. The
Government sets civil service wages and the National Assembly
approves them.
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. The
law requires one 24-hour rest period 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 safely 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 workplace situation 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.
(###)
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