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Title: Suriname Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
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 a 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. After expiration of this 2-year appointment in June, the
Government appointed a successor. Cooperation between the military and
the civilian police has improved as respective roles have been
clarified. Some aspects of the relationship between the Government and
the military remain to be defined. Civilian police bear primary
responsibility for the maintenance of law and order, but they continue
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 state-owned
companies employ over half the working population. For the last several
years, depressed world prices for bauxite and alumina, the damaging
effects of the country's domestic armed conflict, and rapid growth of
the money supply resulted in high inflation and reduced economic growth.
Foreign exchange fluctuations offset improved commodity prices. The
recent stabilization of exchange rates is cited by some as an indication
that the economy is beginning to respond to government efforts at
structural reform.
The Government generally respected the human rights of its citizens;
however, problems remained in some areas. These are police mistreatment
of detainees, abuse of prisoners, overcrowding of jails, societal
discrimination and violence against women, and marginalization of
indigenous people. The Government continued to fail to call to account
those responsible for human rights abuses in 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, however, have taken no action against prison guards who
allegedly beat a prisoner to death in 1993.
The Government also took no action to investigate past human rights
violations, such as the 1982 executions by the military regime of 15
opposition leaders or the 1986 massacre of civilians at the village of
Moiwana. 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 Inter-American Court of Human Rights rendered a judgment in 1993
which required the Government 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. The
Government responded by establishing a fully funded foundation for
disbursing compensation to relatives of the victims. The foundation is
actively disbursing compensation and has also funded a school and clinic
in the village.
b. Disappearance
There were no reports of politically motivated disappearances. The
Government, however, took no action to investigate earlier allegations
of disappearances that 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, although fewer than five official complaints were filed.
None of these were investigated. A prison warden arrested in connection
with the beating of a prisoner of Dutch nationality was released by the
court on procedural grounds. The Government has not released the
results of an inquiry into charges that guards beat several recaptured
prisoners in 1993.
The completion of a new prison and renovation of existing jails have
somewhat reduced overcrowding and improved overall health and safety
conditions. Older jails, however, remained overcrowded, with as many as
four times the number of detainees they were designed for, and were also
unsanitary. At police stations, guards allowed detainees no exercise
and only rarely permitted them to leave the cells. Detainees also
suffered from inadequate nutrition, although families were permitted and
encouraged to provide food to incarcerated relatives. Female prisoners
were housed exclusively in an older jail and were not eligible for
transfer to one of the new facilities. According to local women's
groups, there were no reports of sexual abuse of female prisoners by
police officers. The Government permits independent monitoring of
prison conditions.
d. Arbitrary Arrest, Detention, or Exile
The law provides that the 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 constituted nearly 70 percent of the total prison and
jail population of approximately 1,500. 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 control function at
the country's borders and airports but no longer investigated civilian
crimes.
Military police stepped in to perform routine police functions during a
civil police general strike. There were no reports of abuse by the
military police during the strike.
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 right of 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 during the period when the military controlled the Government and
prominent members of the judiciary were involved with, or afforded
protection to, drug traffickers. Recent escapes of high-profile
prisoners were linked to corruption of prison guards.
Military personnel are generally not subject to civilian criminal law.
A soldier accused of a crime immediately comes under military
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 have improved. Fear of possible
reprisals by the ex-military strongman Desire Bouterse, however, appears
to affect judicial decision making in cases involving persons close to
Bouterse.
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 military
command curbed invasions of privacy by the military such as the illegal
monitoring of telephone calls, monitoring of 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 of the press, and
the Government generally respects these rights.
The parliamentary and extraparliamentary opposition criticize the
Government freely. Media members continue to practice some self
censorship, because of the recent history of intimidation and reprisals
by certain elements of the former military leadership. In at least one
instance, the authorities attempted to persuade a journalist to cease
investigating disputes between villagers and a gold concessionaire.
However, the journalist continued the investigation with support from
other journalists. Although the authorities harassed the journalists
and seized some equipment, the incident was reported in all local media
without further consequences for these journalists, whose equipment was
returned undamaged.
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 these rights. and the Government respects
them in practice.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Citizens may change their residence 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. The Government cooperates with the U.N.
High Commissioner for Refugees and other humanitarian organizations in
assisting refugees. Suriname continued to provide refuge to a small
number of Haitian migrants. There were no reports of forced expulsion
of those having a valid claim to refugee status.
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 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.
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 male-dominated groups and women are
disadvantaged in seeking high public office. There are three women in
the National Assembly and no women in the Cabinet.
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 or representatives in the
National Assembly. There are seven Maroons the National Assembly.
There are no Maroons or Amerindians in the Cabinet.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Human rights groups operate without government restriction,
investigating and publishing their findings on human rights cases.
Government officials are, however, generally not cooperative or
responsive to their views. 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 in 1994, President
Venetiaan did not appoint new members and refused to accept letters of
resignation, thus extending their tenure indefinitely. There have been
no further developments.
The Government reacted negatively to calls for investigations into past
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.
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
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 300 cases of violence against
women. Police are reluctant to intervene in instances of "domestic"
violence. It remains a problem at all levels of society.
There are no specific laws to protect women against trafficking and
sexual exploitation. A local women's group is investigating several
cases of arranged marriages to foreigners where the women were
subsequently forced into prostitution. There are also credible reports
of trafficking in Brazilian women for prostitution. Neither medical nor
legal assistance is available to victims. Victims are not discouraged
against filing complaints and do not face legal or other penalties.
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. Women, notably those who were heads of families, were
adversely affected by deteriorating economic conditions. Women
experience economic discrimination in access to employment and in rates
of pay for the same or substantially similar work. The Government has
not made specific efforts to combat economic discrimination.
The National Women's Center is a government agency devoted to women's
issues; there is also a women's policy coordinator. Their effectiveness
is severely limited by financial and staffing constraints. There are
several active women's rights
groups. Their principal concerns are political representation, economic
vulnerability, violence, and discrimination. These groups are somewhat
effective.
Children
The Government makes only limited efforts to ensure safeguards for 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. There is no pattern of societal abuse directed
against children. 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. There is no difference
in the treatment of girls and boys in education or health care services.
Children face increasing economic pressure to discontinue their
education to work.
People With Disabilities
There are no laws concerning 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.
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 has been very slow.
The Government appointed the Consultative Council for the Development of
the Interior in September. This Council, provided for in the 1992 peace
accords ending the insurgencies, includes representatives of the Maroon
and Amerindian communities. The Government did not, however, consult
with representatives of the Amerindian and Maroon communities about the
granting of gold and timber concessions in areas they inhabit, and it
largely ignored Maroon and Amerindian demands for representation in
pending negotiations for substantial new timber concessions affecting
their communities.
Maroon and Amerindian groups are beginning to cooperate in order to
exercise their rights more effectively. In August indigenous leaders
demanded the right to participate in decisions concerning the use of
natural resources and greater autonomy from the Government.
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. The small Labor Party,
which is a part of the four-party coalition, is independent of the labor
movement, but its leader chairs some of the most influential labor
federations, and three of its members are in the President's Cabinet.
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 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 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 employee must be reinstated.
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 often work as street vendors, newspaper
sellers, or shop assistants. Working hours for youths are not limited
in comparison with the regular work force. 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 was about $26.97 (SF12,000) a month. This salary level
makes it very difficult to 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 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
workplace situation unsafe. Resource constraints and lack of trained
personnel preclude the division from making regular inspections of
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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