A/HRC/WG.6/25/SUR/1 General Assembly Distr.: General 17 February 2016 Original: English

(1)

Human Rights Council

Working Group on the Universal Periodic Review Twenty-fifth session

2–13 May 2016

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21

*

Suriname

* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.

General Assembly

Distr.: General 17 February 2016 Original: English

(2)

I. Introduction

1. Suriname is pleased to present its report to the second cycle of the Universal Periodic Review (UPR) of the United Nations Human Rights Council (HRC).

2. In accordance with the Constitution of the Republic of Suriname, the government is committed to the promotion and protection of all human rights. Suriname will continue to cooperate with the Human Rights treaty bodies and other international bodies in its endeavor to ensure that the rights and freedoms of all that are present within Suriname’s territory are observed.

3. The Working Group of the Universal Periodic Review considered Suriname’s reviews at its 11^th session in May 2011 and, subsequently, the Human Rights Council, at its 18^th session, adopted the Outcome of the UPR for Suriname in September 2011. Noted, furthermore, are the dialogues with the Human Rights Committee in October 2015, and with the Committee on Racial Discrimination in August 2015. The dialogue with the Committee on the Rights of the Child is scheduled to take place during its seventy-second session from 17 May - 3 June of 2016.

II. Methodology and consultation process

4. This report was prepared under auspices of the Ministry of Justice and Police and the Ministry of Foreign Affairs, in consultation with other relevant stakeholders, civil society and NGOs. After the objectives were explained to the stakeholders in a first meeting, a draft report was distributed, followed by a second consultation in which the respective feedback was discussed.

III. Developments and implementation of the recommendation since the last review

5. The government of the Republic of Suriname has carefully reviewed the 91 recommendations received during its Universal Periodic Review in 2011. The current response reflects Suriname’s continuing endeavors, in consultation with civil society and NGOs, to better protect and guarantee the human rights of all present within the territory of the Republic.

6. After acceptance of the recommendations, the government installed a commission to implement the recommendations and to monitor the follow-up. Results of the work of the Commission are reflected in this report.

7. Suriname did not accept all the recommendations made in the review process. Out of 91 recommendations, 33 were accepted immediately, and after consultation with the Council of Ministers another 32 recommendations garnered support.

8. This report addresses the recommendations by categories, which are:

• Women’s rights;

• Children’s rights;

• Trafficking in persons;

• Indigenous and tribal peoples;

• Education;

(4)

• Health;

• Prison;

• National Human Rights Institution;

• Death penalty;

• Persons with disabilities;

• Common Core document;

• Moiwana judgment;

• Poverty reduction.

A. Women’s rights, discrimination and gender equality

9. In 2013, about forty (40) teachers from the upper secondary level were trained in gender and gender-related issues, including eliminating gender stereotypes.

10. In the same year, a training project named ‘Intervention Domestic Violence religious leaders’ was carried out. Eighty-eight (88) religious leaders from different religions (such as Christianity, Hinduism and Islam) were trained in topics such as domestic violence, the act in combating domestic violence, gender and human rights. In 2014, a three-day information session was held for young members of religious organizations, with the engagement of ten (10) religious leaders selected from the 2013 training ‘Intervention Domestic Violence Religious Leaders’. During this session, the religious leaders shared information about domestic violence in relation to gender, religion and human rights. An additional objective was to enable the religious leaders to disseminate information within and outside their respective communities.

11. The Ministry of Home Affairs financially supports NGOs’ projects to promote gender equality and the empowerment of women. For example, in the District of Marowijne topics such as gender and gender equality were presented to the public by youth educators during a festival of art and culture. In the District of Nickerie information on gender equality was provided to the public by staff of the National Bureau for Gender Policy, during a Mini Bazaar, organized by the Sari Foundation. In 2015, male students from Technical and Vocational Education and Training (TVET) received training in the prevention of and taking responsibility in cases of teen pregnancy. They also received information about gender, while the aspect of equality between men and women was emphasized.

12. The National Bureau for Gender Policy annually organizes awareness raising activities such as the publication of articles in daily newspapers, essay competitions, drawing competitions, promotion of slogans related to gender and gender based violence targeting various groups using bracelets, invoices of public utilities and paychecks of all civil servants through the Central Bureau of Mechanical Administration (Cebuma). These activities are conducted within the framework of Sixteen Days of Activism Against Gender Violence, during the period from November 25th (International Day for the Elimination of Violence against Women) to December 10^th (Human Rights Day). The awareness raising activities are not only carried out in the capital Paramaribo but also in the rural districts.

13. A four-day training session ‘Intervention Domestic Violence’ was held in 2015, free of charge, for artists, media and personnel from the public relations departments of various ministries. In this training, coordinated by the Bureau Gender Affairs of the Ministry of Home Affairs, thirty (30) participants participated of which twenty (20) were women.

(5)

14. The ultimate goal of the training was to raise awareness among the participants regarding: domestic violence and the harm it causes; their critical approach in recognizing domestic violence in all its forms, and as a result; mobilizing colleagues in combating domestic violence. The participants were trained in subjects such as, what is domestic violence; the human rights and religious perspective on the approach of domestic violence;

analysis of domestic violence statistics, etc. A direct result of this training was the publication of a column regarding domestic violence in a daily newspaper, written by one of the participants.

15. The Ministry of Justice and Police is in the process of drafting legislation to revise the Civil Code to address the situation in which women employed by companies in the private sector without the benefit of a Collective Labor Agreement, have no legal coverage for maternity leave services by their employers. Paid maternity leave for the private sector has been added to the draft Civil Code. Some companies have included paid maternity leave in their Collective Labor Agreement. For civil servants, paid maternity leave is covered by law.

16. In 2013 and 2014, a couple of staff members of the National Bureau for Gender Policy received training in the following: gender equality and gender mainstreaming;

development of gender indicators and the collection of data on gender; and conducting a survey. In 2014, the gender focal points of the various ministries, together with the UNDAP chairs, were also trained in a basic training on gender equality and gender mainstreaming.

17. In 2015, the National Bureau for Gender Policy, was renamed the Bureau Gender Affairs (Staatsblad (S.B.) 2015, no. 33). The Bureau continues to improve its internal workings, and currently, the organizational structure with its various positions are being reviewed.

18. The Ministry of Justice and Police has executed awareness raising activities regarding domestic violence among the general public and has trained judges, prosecutors, social workers, and police and defense officials in the interpretation and implementation of the Act in Combating Domestic Violence. In 2013, officials and counselors were trained on the proper interpretation and implementation of the Act on Combating Domestic Violence.

In various activities of the Bureau Gender Affairs, information was provided on the Act on Combating Domestic Violence.

19. Research regarding the nature and causes of violent behavior among male perpetrators has been conducted in the District of Nickerie, with the aim of gathering information for the development of intervention programs. In this research, twenty-eight (28) male perpetrators of domestic violence between the ages of 26 and 55 years and from different ethnic background, were interviewed. The research is currently in the final stage.

20. In 2013, the Ministry of Home Affairs installed the Commission on Legislation on Gender, comprising of representatives of various ministries, civil society including women’s organizations, and the Anton de Kom University of Suriname. The Commission was tasked with, among others, identifying gender discriminatory laws and regulations, and proposing amendments to them. In January 2016, a working group was installed to amend the Personeelswet (Act on the regulation of the legal status of civil servants). With respect to government issued ID-cards, no act exists that regulates this.

21. In 2014, Suriname’s National Assembly amended the Act on Regulation of the Surinamese Nationality and Residency (S.B. 2014 no. 121). Previous language of this Act was in violation of international standards, by differentiating in the treatment of men and women with respect to acquiring and losing the Surinamese nationality through marriage and divorce, enabling only non-national women (not men) who marry a Surinamese man to become a Surinamese national. The 2014 amendment reverses decades of gender discrimination in nationality laws. It brings Surinamese law in line with international

(6)

standards, in particular, article 9 (1) and (2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), by removing all differentiations between men and women with respect to acquiring and losing the Surinamese nationality.

22. The 2014 Amendment of the Act on Nationality and Residency also changed the situation with regard to the nationality of children. Until then, the child of a Surinamese woman, born out of wedlock, not legally recognized by the father, but born in Suriname, could acquire the Surinamese nationality. Born elsewhere, such child would be stateless.

The child of a Surinamese man acquired Surinamese nationality regardless of its place of birth. These prior provisions were in violation of CEDAW, Article 9 (2). According to the 2014 Amendment, a child is now granted Surinamese nationality automatically if its father or mother is of Surinamese nationality at the time of its birth (Article 3 (a) as amended), while the other conditions for a woman to confer her nationality to her child have been removed. The explanatory memorandum to the Act states that this amendment

“demonstrates the full equality of men and women (father and mother) before the Act in the establishment of the nationality of the child at birth”. Article 3 (c) of the 2014 Act retains the provision of granting Surinamese nationality to any child born on the territory who would otherwise be stateless, and Article 4 (b) retains the provision granting Surinamese nationality to foundlings or abandoned children in the country, whose parents are unknown.

23. In 2015, the National Assembly revised the Penal Code. Some of the revisions improve the legal position of individuals, including women. Some amendments made are:

the increased maximum penalty and exclusion of release on parole for certain offenses such as sexual offenses, murder, manslaughter, serious drug- related crimes, cyber-crime and terrorism.

24. Amendment of articles 15 (2), 41, 57, and 73 (1) of the Election Act, took place in March 2005. The list of candidates and the election register no longer automatically register married women or widows under the name of their husband or late husband. Women are now being registered under their maiden name and have an option to make a special request to add their husband’s name. During the general elections of 2010, for the first time one- thousand three-hundred and sixty (1360) married women made use of this option and registered under their maiden name, adding the name of their husband, while another 297 registered adding the name of their late husband.

25. Draft legislation on ‘Sexual harassment at the Workplace’ has been formulated as a combined effort of the Ilse Henar Foundation for Women’s Rights (NGO) and the National Bureau for Gender Policy of the Ministry of Home Affairs, and as a result of the 3 year program (2008–2011) on the prevention and elimination of sexual harassment at the workplace, as implemented by the Foundation. Discussion on the draft is continuing at several national platforms, involving all relevant stakeholders.

26. On April 27, 2012 the Stalking Act was adopted. According to this Act, preventive measures can be taken by the Public Prosecutor to protect those who feel violated. With regard to stalking, one-hundred thirty-seven (137) cases were registered, in the period 2012 – 11 April 2014, at the Office of the Attorney General. Ten (10) cases were referred to the judge, restraining orders were granted for six (6) cases, twenty-six (26) cases were conditionally dismissed, and thirty-six (36) cases were settled by the Public Prosecutor.

27. The Gender Work Plan has been formulated and contains six priority areas:

decision-making, education, health, labor, income and poverty, and violence (domestic violence and sexual violence). The Gender Work Plan 2013 is currently being evaluated.

28. In 2014, the ‘National Policy Plan Structural Approach Domestic Violence 2014- 2017’ was formulated by the Steering Group Domestic Violence (in which officials from 6 ministries are represented) in collaboration with the Platform Approach Domestic Violence,

(7)

which consists of representatives of relevant NGOs. The Ministry of Justice and Police has presented this plan for approval to the Council of Ministers.

29. In February and June of 2012, the National Assembly organized round table discussions aimed at sensitizing members of parliament and leaders and representatives of political parties, including women representatives, on the empowerment of women in political parties and the involvement of women in decision-making structures and at mobilizing commitment to the candidacy of women in the general elections of 2015. As an outcome of both workshops, the Speaker of the House, a female herself, commissioned the political parties to develop an action plan.

30. In 2014, the National Assembly carried out the project ‘More women in decision- making 2015’. The purpose of the project was to mobilize commitments from political parties to nominate more women as candidates for parliament, in management positions or political administrative positions; to strengthen self-confidence and self-awareness of politically active women within political parties or potential female candidates (how to present yourself); increase awareness on the importance of having more women in politics.

The activities in this regard included roundtable discussions on “Gender and Politics” with political parties represented in parliament; training sessions with politically active women and potential female candidates; and exposure of female candidates for parliament.

31. The major aim of the activities was to strengthen the capacity of women within the political parties and to increase the number of women in decision-making bodies after the elections in 2015. In the period 2014-2015, the project ‘More female leadership in 2015’, aimed at encouraging the increase of female leadership at the political administrative level, and in the private sector, was carried out by STAS International (NGO), supported by the Ministry of Home Affairs. The development of a database of highly educated women was part of this project.

32. As a result of above-mentioned activities, parliament saw an increase of female members as follows. At the 2010 general elections, the number of women elected to the National Assembly was 5 out of 51 seats (10% female, 90% male). After the general elections held in May 2015, 13 women were elected out of 51 seats (25% female, 75%

male).

33. After the elections of May 2015, the Bureau for Gender Affairs sent an open letter to the media, calling upon the new government to nominate and appoint women on equal terms with men to various public decision-making positions, in view of the principles of democracy.

34. In the public sector a fixed salary is maintained for officials with similar job functions and positions as mandated by the Functie Informatie Systeem Overheid (FISO).

Private companies with a Collective Labor Agreement also have wage ranges. With regard to small companies, mostly family-owned, it is unclear how the wage structure looks like.

Measures to increase employment opportunities are directly related to poverty reduction.

To eradicate poverty and strengthen social protection, a national social security system has been established through the adoption and implementation, in 2014, of three (3) social laws, namely the Minimum Hour Wage Act, the National Pension Benefits Act and the National Basic Health Insurance Act. Major beneficiaries of these interventions are women, considering they are over-represented in lower income groups, and considering the growing number of female heads of households.

35. The Ministry of Education, Science and Culture has promoted a number of policies and actions aimed at eliminating factors which tend to perpetuate gender inequalities. The Basic Education Improvement Project (BEIP) management, e.g., has been instructed to include gender equality in the implementation of BEIP II 2012-2016. In 2012 and 2013, information on gender and gender related violence was provided to students from junior

(8)

and senior secondary schools by the Foundation Stop Violence Against Women, at the request of the Ministry of Home Affairs. Religious leaders and teachers from secondary schools received training in gender and gender related issues, such as domestic violence, from the Bureau for Gender Affairs.

36. Teachers have been trained by the Ministry of Education, Science and Culture on gender and human rights, to enable them to play an effective role in the Basic Life Skills Program. The Advanced Teacher Training Institute (IOL) teaches the subject Gender, Power and Culture within the course Dutch Language. In 2013, the government hired expertise from NGOs, in particular the ‘Foundation Projekta’, to provide gender training.

Text books and illustrations related to different disciplines (history, nature education, and geography) have been revised in order to present a more gender balanced perspective. The Bureau for Gender Affairs and several NGOs are also addressing the issue of gender stereotyping. Projekta, e.g., has developed gender awareness materials for radio and television, and disseminates these through NGO partners and the government.

37. The Ministry of Health has developed a number of significant policies and plans of actions, aimed at increasing access of women to health, guided by a human rights based approach and a gender perspective, i.e.:

• National Strategic Plan HIV 2004-2008 and 2009-2013; the plan for 2014-2020 is in draft;

• National Strategic Plan Renewal and Strengthening of Primary Health Care 2014 – 2018;

• Safe Motherhood and Neonatal Health Action Plan, based on the Safe Motherhood Needs Assessment 2014;

• National Sexual and Reproductive Health and Rights Policy of Suriname, 2013- 2017.

B. Children’s rights

38. The Republic of Suriname ratified the Convention on the Rights of the Child on March 1, 1993. In 2012, Suriname signed both Optional Protocols to this Convention — on Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and Child Pornography. On May 18, 2012, Suriname ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. In the context of the latter, the Ministry of Sport and Youth Affairs organized a march on July 20, 2012 to raise awareness among the general public regarding the sale of children, child prostitution and child pornography. This march was organized in collaboration with the NGO Mati Fu Teego (Friends Forever).

39. Article 9 of the Compulsory Military Act of Suriname states that as far as the law provides otherwise, all males, holders of the Surinamese nationality, residing in Suriname and between the ages of 18 and 35 years, are obliged to serve in the armed forces.

According to this Act, Suriname is in compliance with the Optional Protocol on the Involvement of Children in Armed Conflict. Regarding the Optional Protocol on a Communication Procedure, the relevant departments of State are studying the effect, impact and consequences that such ratification will have on the nation.

40. The State wishes to emphasize that all forms of corporal punishment in all settings have been removed from law.

41. The Integral Policy for Children and Adolescents (2012–2016), includes a section that specifically focuses on combating all forms of violence against children. The

(9)

Presidential Task Force on Integral Policy for Children and Adolescents is currently working on updating the priorities for the new plan of action.

42. In the fight against child abuse and in support of the eradication of sexual exploitation, amendments to the Penal Code were adopted, specifically focused on the protection of children. Thus, child prostitution and indecent acts with minors are now punishable under articles 303a and 303b. The existing article on child pornography (art.

293) was expanded, while the addition of articles 295 through 306, also aim at protecting juveniles. A specific act was adopted to supervise all places of special care in order to regulate the establishment of those institutions, and to better protect the minors (Wet Opvanginstellingen, S.B. 2014 no. 7).

43. To commemorate International Day on the Rights of the Child, the Ministry of Social Affairs and Housing organizes several activities for children, spread out over the year. These activities have an educational character and include the placement of billboards for the promotion of children’s rights across the country.

44. In 2014 and 2015, the Ministry of Justice and Police conducted pilot projects to raise awareness with respect to violence against children. Activities for children, such as drawing competitions and radio programs, were the outcome of a survey on, among others, violence against children in Moengo, Sophia’s Lust and Goejaba. These activities are being evaluated and a follow-up is planned.

45. The Ministry of Social Affairs and Housing has the following benefits and services in place to combat child labor:

(a) financial aid to purchase school uniforms;

(b) medical insurance for national with low or no income;

(c) general child benefits;

(d) provision of food stamps;

(e) contribution and aid in crisis situations;

(f) social welfare for persons with disabilities;

(g) social welfare for families with low or no income;

(i) counseling, including by child psychologists, and through the Child Help Line (#123), which provides anonymous counseling by phone to children.

46. The Ministry of Social Affairs and Housing, furthermore, has done research on the child protection situation in Suriname and on developing a toolkit for a child protection system. The aim is to create a network in which all stakeholders — government and non- government — are involved and connected to each other in order to identify problems at an early stage regarding children, so that there can be an immediate response to help the children.

47. In order to meet the requirement, set out in article 5 of the ILO Convention on the Elimination of the Worst Forms of Child Labor (ILO Convention no. 182, 1999) — namely to establish a mechanism that should ensure that implementation of Convention no. 182 takes place in a proper manner — the National Commission for the Eradication of Child Labor (NCUK) was established for an indefinite period of time. The duties and powers of the NCUK are regulated by decree (S.B. 2008 no. 115).

48. The National Commission for the Eradication of Child Labor is a coordinating, monitoring and advisory body tasked with, among others, formulating a Policy and Action Plan to eliminate child labor in Suriname. Stakeholders with respect to child labor and its worst forms are the Ministry of Labor, the Ministry of Justice and Police, the Ministry of

(10)

Education, Science and Culture, the Ministry of Welfare, and the Ministry of Regional Development.

49. A national action plan for the eradication of child labor is considered an effective and adequate instrument to evaluate and analyze the national efforts made in confronting child labor. Domestic law and national policy are evaluated on a regular basis. The NCUK is in the process of finalizing the next national action plan, after organizing a workshop with stakeholders in 2015.

50. As part of the national action plan for the eradication of child labor, the Ministry of Social Affairs and Housing has developed the Conditional Cash Transfer Program (CCT- program), to financially accommodate families who feel compelled to let their children work to contribute to the family’s income. Through the CCT-program, a project funded by the Inter Development Bank (IDB), the government provides financial assistance to families, subject to their children complying with certain conditions, such as the obligation to attend school and perform well. This prevents children from falling into the dangers of child labor. Due to administrative constraints, the CCT-project suffers some delay.

51. With the revision of the Penal Code in 2015, the minimum age for criminal responsibility has been raised from 10 to 12 years — an improvement compared to the previous Act.

C. Trafficking in persons

52. The national strategy to combat trafficking in persons, titled ‘Roadmap Suriname Combating Trafficking 2014-2018’, was approved by the Council of Ministers on April 16, 2014 (Order 2014, no. 383). The strategy lays down the common theme through which all stakeholders will work together in the fight against trafficking in persons. Implementation of the policy will be evaluated, in part, based on the following projected outputs:

• The scope of trafficking in persons in Suriname has been adequately mapped in accordance with international reporting obligations;

• A comprehensive and detailed analysis of the stakeholders has been made and partnerships are formalized;

• The community is informed about this phenomenon, nationwide;

• There are formal structures in place to continuously combat trafficking in persons;

• There is a comprehensive legal framework, and relevant conventions have been ratified and implemented.

53. To implement the national strategy to combat trafficking in persons, adoption of new or amended legislation is not necessarily required. The proposal regarding the new government infrastructure for combating trafficking in persons, namely ‘CHAIN Structure 2.0’ has also been approved. The strategy and the new government infrastructure go together. The new infrastructure is, in fact, necessary to successfully carry out the strategy.

54. When the new government infrastructure, contained in the CHAIN Structure 2.0 comes into effect, all ministries will be compelled to obey the infrastructure in the fight against trafficking in persons.

55. The national strategy to combat trafficking in persons takes into account all victims, including women and children. In preparing for this strategy, the vulnerability of women and children exposed to trafficking was taken into account. In this context, organizations that are committed to the human rights and other interests of women and children, were invited to the stakeholders’ meetings. Among these organizations are: Foundation Stop

(11)

Violence against Women, Maroon Women's Network, Bureau Women and Child Policy, Working Group Integrated Child and Youth Policy, National Commission on the Eradication of Child Labor, Bureau of Rights of the Child and the Foundation for Children.

56. Annexed to this report is a list of the statistics on trafficking in persons, issued by the Bureau of the Public Prosecutor (Annex 1.) The list provides aggregated data in detail of the case, such as gender and age of the victims, and nationality of the victims and the perpetrators. The Public Prosecutor works closely with the Anti-Trafficking in Persons Unit of the Police, and the Multidisciplinary Commission Anti-Trafficking in Persons. The work of the Commission, whose term expired in 2015, is being continued by a new multidisciplinary working group ‘Anti-Trafficking in Persons’, installed on January 22, 2016 by the Minister of Justice and Police. This working group, headed by the Permanent Secretary of the Ministry of Justice and Police, must undertake action before the end of March 2016. One of its tasks is to combat child exploitation in and surrounding the village of Apoera, District of Sipaliwini. The capacity of the Anti-Trafficking in Persons Unit of the Police will be strengthened.

57. From the statistics obtained from the Public Prosecutor with regard to cases of trafficking in persons occurring in the period 2004 through August 2015, it appears that in this period 40 cases of trafficking in persons were investigated and prosecuted. The suspects were convicted and sentenced for sexual exploitation, forced labor, whether or not including sexual exploitation and smuggling of persons. In 20 of the 40 cases the victims were younger than 18 years of age. Poverty is an important risk factor for trafficking in persons. This was expressed during the treatment of penal cases involving trafficking in persons. The State argues that if people are taken out of poverty, the chance to become a victim of trafficking in persons also decreases. In line of this view, three social laws were adopted in 2014 within the framework of the eradication of poverty. These laws work preventively when it comes to trafficking in persons.

58. Within the framework of prevention of trafficking in persons, the State regularly publishes warnings through the media and the internet to make society aware of misleading calls for job application. With regard to the investigation and prosecution of perpetrators of trafficking in persons, the State has introduced fast-track proceedings in cases of labor violations involving exploitation in the workplace (Ministerial Order of October 24, 2014, J. No.14/0566, S.B. 2014 no. 158). Furthermore, training and workshops were provided for relevant groups so that cases of trafficking in persons can be detected at an early stage.

59. The government has provided training for, among others, members of the judiciary, law enforcement officials, immigration officers and groups from civil society. The efforts in this area will be intensified. With regard to foreign victims of trafficking in persons, the government is considering various legal alternatives to deportation.

D. Indigenous and tribal peoples

60. With respect to land rights issues of Indigenous peoples, Suriname’s situation is unique in comparison to other countries, in that Suriname’s population includes two tribal peoples, the Indigenous and the Maroons, as well as several other multi-cultural groups, all of whom are entitled to a just distribution of the benefits of Suriname’s land and natural resources. In this regard, the Special Rapporteur on the Rights of Indigenous People, Prof.

James Anaya was invited to make a landmark visit to Suriname and assist the State in its efforts to recognize land rights of the Indigenous and Maroon peoples. Prof. Anaya endeavored to provide technical assistance to the State in its efforts to recognize collective land rights. In the report of his visit, Prof. Anaya included some critical remarks and noted that he is looking forward to further provide his expertise to the cause. Suriname intends to request the expertise of Prof. James Anaya when the moment calls for it.

(12)

61. Since 2010, the government of the Republic of Suriname has a new approach to resolving the issue of land rights, taking the position that it must fit within Suriname’s constitutional order. The Constitution of the Republic of Suriname, which is the supreme law of the land, takes into account the multi-cultural composition of our nation, the indivisibility of the territory of the Republic and the harmony and peacefulness that is typical of our beloved country. Suriname is also resolved to an integral approach, which means that the issue will be addressed in its entirety. Another element of the new approach is that the Indigenous and Maroon peoples are considered partners in addressing this national issue and not as a party against the State. Therefore, the Government will not support proposals containing elements that allude to separatist sentiments. Suriname has taken this position in communications with the Inter-American Court on Human Rights, noting that certain measures proposed or ordered by the Court prove to be difficult, if not unworkable.

62. In various correspondence with the Inter-American Human Rights System (Commission and Court), the State has expressed that its view on the situation of the rights of Indigenous and Maroon peoples in Suriname is unchanged. The State has commenced actions to resolve the collective land rights of the tribal peoples. In practice the principle of free, prior and informed consent is already being implemented. The State is now in the process of formally recognizing the traditional authorities of the tribal peoples through legislation. Clear structures of consultation with these communities must be agreed upon.

E. Education

63. Education on human rights in Suriname is provided by the Anton de Kom University of Suriname, the FHR Lim A Po Institute, and the Institute for Nature and Technology.

64. To improve the quality of education, the Ministry of Education, Science and Culture has undertaken the following actions:

• purchase of new school materials (textbooks, furniture etc.);

• strengthening the capacity of Inspectors to monitor the quality of the education and for guidance to teachers;

• creation of a division specifically for in-service training of teachers on a regular basis;

• reform of the teacher training colleges in order to meet the needs of the Future Student;

• drafting of programs to implement ICT in education.

65. Access to education has been guaranteed by ensuring that primary education and secondary education at lower level is free of charge. Financial contribution for materials is set at SRD 10 (USD 2.45) and SRD 35 (USD 8.65), respectively. Students who cannot afford the contribution receive financing of materials from the government. Secondary education at upper level carries an enrollment fee of SRD 250 (USD 61.72). Financing for the enrollment fee or for materials is also available for the latter students who are unable to pay it. The government also offers free transportation to and from school for students living at a great distance.

66. Many new classrooms were built in de past five years, to accommodate the growing number of students. The Hostel in Atjoni in the District of Sipaliwini is ready for students at lower level secondary education, so that they will not have to leave their villages and move to Paramaribo for their education.

(13)

67. Compulsory Education is currently set by law for the ages of 6 to 12 years. The Ministry of Education is updating and expanding the Education Bill for Primary and Secondary Education at Lower Level. A major update will be the extension of compulsory education to the ages of 4 to 16 years. The Ministry of Education is implementing a pupil tracking system.

68. To prevent dropouts, a system is introduced that trains teachers to become a guidance counselor to help students who are in need.

69. There are a total of 92 schools in the interior. 17 schools are in Indigenous areas, 66 schools are in Maroon areas, and 9 schools are in Moengo and Albina which are located in a 70% Maroon area. The Ministry of Education, Science and Culture is making efforts to provide the number of qualified teachers required for these areas, and is quite successful.

Considerable investments were made in infrastructure, nationwide, with a special focus on rural areas and the interior.

70. Aiming for a higher enrollment, since October 2012, primary education is free of charge for all. The new Education Bill is in draft. Currently, the Ministry of Education is working with the private sector to reform the vocational training, especially for children with disabilities. More schools for Special Education are in planning. Existing schools will be made more accessible for those with a disability.

71. The Ministry of Social Affairs and Housing provides vocational training to persons with disabilities, aged 14-24 years, through its ‘Foundation Training Projects for Juveniles with Disability in Suriname’. With this training, the recipients are given the opportunity to work in order to meet their own level of welfare. The foundation implements the goal set in the Development Plan 2012-2016, namely "the role to play by creating conditions for the promotion of the welfare of people with disabilities." The vocational training courses are:

mechanical woodworking, textile handicrafts, construction carpentry, metalworking and horticulture. A course on ICT was started in October 2015.

72. On September 25^th, 2015 the National Assembly approved the accession of Suriname to the Convention on the Rights of Persons with Disabilities. In anticipation of this, the State has executed the Policy for People with Disability 2005 – 2010. A number of issues in the field of law and legislation, education and training, recreation and sports, and transportation have been addressed and realized. The following can be listed:

• The minimum standards for services, provisions and institutions for people with disability were drafted and adopted through the Act Alternative Care (S.B. 2014 no.

7), which applies to registered alternative care institutions;

• the Commission Supervision on Child Care Institutions (CTK) looked at care institutions for people with disability;

• A Bill ‘Provision for People with Disability’ (VMB), which regulates the socio- economic security of this group, is being prepared;

• The Foundation Training Projects for Juveniles with Disability in Suriname has the objective of teaching skills to children and juveniles with a learning disability between 14 and 20 years of age, so that they can actively contribute to the labor market in Suriname. The foundation provides vocational training in machine woodworking, textile handicrafts, construction and woodworking, metal working and horticulture;

• A lesson plan was published in the period 2008–2011 for teachers in primary education, on how to deal with people with a disability, in particular children;

• The Care for Persons with Disability (Dienst Gehandicapten Zorg), in cooperation with the Commission Policy for People with Disability, conducted a customer

(14)

satisfaction study among the customers of special care transportation, and made an inventory of the provisions and need for care transportation. The data collected is currently being processed;

• A study into the staffing situation at institutions, focused on people with disability, was also done by the Care for People with Disability, in cooperation with the Commission Policy for People with Disability.

73. Furthermore, the Government has realized a number of awareness-raising programs in the period 2010–2015, including media campaigns. In 2016, the evaluation of the awareness-raising programs will take place.

F. Health

74. In 2014, the Act on National Basic Health Insurance was adopted (S.B. 2014 no.

114). Legislation regarding the Basic Care System has also been approved by Parliament and came into force on October 9, 2014. All children from birth to the age of 16 are covered for free basic medical care/insurance.

75. In 2012, under the direction of the Ministry of Health and the Psychiatric Centrum Suriname, and in collaboration with the Pan-American Health Organization/World Health Organization (PAHO/WHO) and other partners, Suriname developed the National Mental Health Plan 2012-2016, with a two-year action plan for 2012-2014. Subsequently, the Government formulated a Policy Plan Mental Health 2015-2017. Within this framework, activities are geared towards strengthening effective leadership and management for mental health care. The activities are mainly aimed at formulating and, where necessary, amend, legislation in the field of mental health care.

76. Development of the Mental Health Plan for Suriname began during 2009, after the implementation of the World Health Organization-Assessment Instrument for Mental Health Systems (WHO-AIMS). Consultations at the national level began during the same year with a workshop that included the participation of a large number of stakeholders:

representatives from the Ministry of Health, the Ministry of Social Affairs, the Ministry of Justice and Police, the Ministry of Defense, General Hospitals, Primary Health Care institutions, the Bureau of the Homeless and different religious and non-religious based NGOs, involved with substance abuse issues. The workshop was aimed at identifying components to develop a plan of action and to identify gaps and priorities for implementing an integrated approach for mental health.

77. Among the relevant issues identified during the workshop were, legislation and human rights, distribution and training of human resources, quality improvement of psychiatric services, inter-sectoral collaboration, psychotropic drug procurement and distribution, promotion, prevention, treatment and rehabilitation, and financing.

78. Three strategic priority areas, with associated key activities, have been emphasized as mainly driving the reform process:

• decentralization of psychiatric care;

• integration of mental health care into primary health care; and

• strengthening the mental health information system.

79. Due to a lack of central coordination, the Mental Health Plan for Suriname was not executed according to the work schedule. In 2014, the Ministry of Health appointed a National Focal Point for Mental Health. After an inventory was made of current services and service providers in mental health care in Suriname, and aligning the National Mental Health Plan 2012-2016 with the WHO Mental Health Action Plan 2013-2020 and the

(15)

PAHO Regional Strategy on Mental Health 2015-2020, a stakeholders conference was held to discuss the adjusted plan. The adjusted plan builds upon the previous plan, and is therefore an addition and not a replacement.

80. With regard to detainees’ right to medical treatment, the Government emphasized that with respect to a suspected case of HIV, medical examination is done after consultation with the prison physician. As concerns TBC, there is a program to annually screen all the detainees and prisoners. Suspect cases will be separated and the involved detainees will be transferred to other locations (jail, prison or medical center) and receive treatment. The penitentiary official is not trained to handle or deal with mentally ill detainees. For these cases, professional psychiatric help will be made available.

81. The Ministry of Health has developed significant policies and plans of actions, aimed at increasing access for women to health, guided by a human rights based approach and a gender perspective, i.e. the National Strategy Plan HIV 2004-2008 and 2009-2013;

the plan for 2014-2020 is in preparation; the National Strategic Plan Renewal and Strengthening of Primary Health Care 2014-2018; Safe Motherhood and Neonatal Health Action Plan, based on the Safe Motherhood Needs Assessment 2014 and the National Sexual and Reproductive Health and Rights Policy of Suriname, 2013-2017.

82. Although evaluation of the National Strategy Plan HIV 2009-2013 has shown that steps have been made forward, especially in the sustainability of funding for the response (Anti-Retroviral medication is fully funded by the government), challenges still remain.

The biggest challenge lies in increasing awareness and establishing responsible behavior in general, but particularly in identified vulnerable groups such as youth, men having sex with men, and sex workers. To guarantee good health, the emphasis in the general policy will be on behavioral change and integrate HIV in communication to stop the alarming rise of chronic diseases.

83. A third HIV National Strategic Plan (NSP) for the period 2014-2020 is in draft. This is mentioned in the report ‘Suriname AIDS Response Progress Report 2015', which has been forwarded by the Ministry of Health to UNAIDS. The NSP is aligned with national development and health sector strategies, and is based on regional and international recommendations. The focus of the third HIV-NSP is on the achievement of Universal Access, with priority areas such as prevention and treatment and care. In addition, cross cutting issues such as multi-sectoral coordination and cooperation, integration, capacity building, strategic information and human rights and equality, are taken into account.

84. All pregnant women receive some type of prenatal care and 90% of all births take place in health care facilities attended by skilled health personnel. Suriname is still concerned about the high rate of maternal mortality. The national capacity will be strengthened in emergency obstetric care and the registration system, including investigations of maternal mortality cases, in order to keep the mortality rate as low as possible. Suriname completed a Safe Motherhoods Needs Assessment in 2010. The Safe- Motherhood Action Plan includes also actions in the area of child mortality.

G. Prison

85. The treatment of prisoners is in conformity with the UN rules regarding the treatment of prisoners. According to article 80 of the Penitentiary Act, the prisoners are allowed to submit complaints about mistreatment with every Correctional Officer, social worker or the Management. Every complaint will be investigated.

86. Regarding improvement of prison conditions, the following is applicable: The prisons are cleaned daily; the prisoners must be clean and hygienic; they are provided with clothes and a hairdresser is available; a variety of food is offered to the prisoners;

(16)

classification of prisoners is based on the seriousness of the crimes; prisoners are also given the opportunity to work and earn income.

87. Prison conditions:

• Television;

• Sanitary facilities;

• Regular cleaning and spraying against mosquitoes and fleas;

• Optimal lighting and water supply;

• Locations are kept clean, daily;

• Clean drinking water available;

• Kitchens are kept clean and are regularly inspected.

88. The maximum capacity of Centrale Penitentiaire Inrichting (CPI) is 400 prisoners.

The current occupation is 350. Female and minors are kept separate and the occupation of these two categories are also below the maximum. The maximum capacity of Penitentiaire Inrichting Duisburglaan (PID) is 228 prisoners. The current occupation is below the maximum. The maximum capacity of Penitentiaire Inrichting Hazard (PIH) is 100 prisoners. The current occupation is below the maximum. The maximum capacity of the House of Detention (HvB) is 350 prisoners. The current occupation is below the maximum.

Currently, the official recordkeeping at the various prisons indicates that there is no overcrowding.

89. The daily menu for prisoners:

• 06:00 AM Breakfast;

• 12:00 PM Lunch;

• Dinner.

90. Food is prepared by a selection of prisoners under supervision of a correctional officer. Food-quality check is in place. According to article 55 of the Penitentiary Act, sick prisoners are entitled to receive and adapted diet on advice of the healthcare provider.

Family members or other visitors are allowed to bring food and non-alcoholic beverages for prisoners during visits. and detainees are allowed to buy food (biscuit etc.) and non- alcoholic beverages in the cafeteria

91. Female prisoners are taken care of and guarded by female correctional officers, including during illness. Male correctional officers are prohibited to enter the women prison. There are proposals to train wardens according to the United Nations Rules for the Treatment of Women prisoners and non-custodial measures for women offenders.

H. National Human Rights Institution (NHRI)

92. The establishment of the National Human Rights Institution is introduced by the State Decree, regulating the departmental tasks of the Ministries (1991, as amended on March 27, 2015, art. 1 section B(o). The Implementing Order, which deals with the operation and staffing of this institute is currently being prepared. The Paris Principle will be taken into account and it is to be expected that this Implementing Order will be materialized very shortly thereafter.

(17)

I. Death penalty

93. The death penalty is abolished in the Criminal Code. Although the death penalty is still in the Military Penal Code, the implementation of this part of the Military Penal Code is obsolete and will soon be abolished.

J. Disability

94. On the September 25, 2015, the National Assembly approved the accession of Suriname to the Convention on the Rights of Persons with Disabilities.

95. According to the associated Presidential Decree (P.B. No.86 / 2015), the National Assembly implicitly approved the Convention under Article 104 section 1 of the Constitution. The next step that needs to be executed is the deposit of the instrument of ratification with the Depositary (the United Nations).

K. Common Core Document

96. The Common Core Document has been completed and has been submitted to the High Commissioner for Human Rights in July 2014, and is available for the treaty bodies of conventions that Suriname is a party to.

L. Moiwana judgment

97. The Moiwana Judgement is almost fully implemented. The prosecution of the perpetrators and the demarcation of the N’djuka land is still in process. The Republic of Suriname has indicated in national and international reports, that the demarcation of the land will be executed together with the implementation of the Samaaka judgment. On several occasions the State has called on possible witnesses to testify. Until this day, nobody has stepped forward.

M. Poverty reduction

98. The Government’s policy is aimed at introducing a sustainable national social insurance system that provides coverage to every member of the society. In this context, the necessary measures are being taken to ensure poverty reduction and wealth enhancement and all efforts are being made to eliminate inequalities for each citizen of Suriname. The following Acts have been adopted and implemented to reduce poverty and create a sustainable social security system.

The Act Minimum Wage of September 9, 2014 (S.B. 2014 no.112)

99. With the introduction of minimum wages, the Government ensures a minimum hourly wage for all persons who perform work or provide a service.

General Pension Act of September 9, 2014 (S.B. 2014 no. 113)

100. Suriname's pension system, based on the General Pension Act, consists of mandatory and voluntary pension funds or retirement insurance schemes. The government also established a general provision for old age (AOV) for all citizens.

(18)

Act Basic Health Insurance of September 9, 2014 (S.B. 2014 no. 114)

101. The government has chosen to work with the social partners to bridge the gap between the Trade Union and the private sector.

102. The Medische Zending Suriname is an organization that provides basic healthcare services to people in the interior, using primary healthcare principles. A program was initiated, recently, to promote awareness in HIV prevention in the indigenous and tribal communities. Promotion material is developed in 3 different indigenous languages.

General Old Age Provision (AOV)

103. Every citizen of Suriname who has reached the age of 60 is eligible for the general old age provision. Residents with foreign nationality are also eligible if residing in Suriname for a continuous 10-year period and having paid premium over the years.

Accident Settlement

104. Having taken into account that the real value has declined and medical, funeral and cremation cost have increased, it was necessary to amendment this Act. (G.B. 1947 no. 145, amended S.B. 2001 no. 66).

Disability benefit

• Social welfare for persons with disabilities, in the amount of SRD 325 (USD 80).

• Special devices for persons with disabilities, such as wheelchairs, provided by the Ministry of Social Affairs.

• Subsidized care institutions for persons with a disability.

• Foundation for Projects for Youth with Disabilities of the Ministry of Social Affairs and Housing provides training and schooling for persons with disabilities.

105. Suriname, in collaboration with the IDB, is in the process of initiating the Conditional Cash Transfer-program — a project in which the government provides financial assistance to families if they comply with the conditions set. Because of administrative constraint within the Government, this project has not yet been implemented.

Housing Plan

106. Pursuant to the Constitution of the Republic of Suriname, a Housing Policy must be in place. The Housing Plan 2012-2017 aims at providing a sufficient number of affordable houses within a certain period.