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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION REVIEWS REPORTS OF SURINAME
24 February 2004
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Committee on the Elimination
of Racial Discrimination
24 February 2004
The Committee on the Elimination of Racial Discrimination has concluded its review of the initial to tenth periodic reports of Suriname on how that country is implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the reports, Ewald W. Limon, Ambassador and Permanent Representative of Suriname to the United Nations in New York, said that his Government had been unable to report to the Committee for many years due to myriad reasons, including the military insurgency. He said Suriname was like the world in miniature, consisting of Hindus, Creoles, Javanese, Chinese and Amerindians, among others.
There was no racial discrimination in Suriname which prevented persons from practicing any profession or taking any Government post, Mr. Limon said, adding that the people enjoyed their full rights as citizens without impediments.
Committee Experts including Régis de Gouttes, the panel’s country rapporteur on the reports of Suriname, raised a series of questions, including on the right of indigenous peoples to their land and their participation in the country’s affairs; the prohibition of organizations disseminating racial hatred; the extent of mercury poisoning of lands by gold mining companies; and the effectiveness of political parties based on ethnicity, among other things.
The Committee will issue its final conclusions and recommendations on the reports of Suriname towards the end of the session, which concludes on 12 March.
Mr. de Gouttes, in his preliminary remarks, said the Committee had raised a number of important issues during the discussion with the members of the Surinamese delegation. In its conclusions, the Committee would emphasize the positive measures provided by the State party, including the availability of criminal provisions against racial discrimination. In terms of general information, Mr. de Gouttes said the Committee expected to receive current data on the demographic composition of the population following the 2003 census, and on the subject of the Constitutional Court, which was envisaged by the State party.
Members of the Suriname delegation included Lydia Ravenberg, Eric Rudge, Margo Waterval and Elleson Fraenk, from the Ministry of Justice and Police.
As one of the 169 States parties to the Convention, Suriname must present periodic reports to the Committee on efforts to eradicate racial bias.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the report of Spain (CERD/C/43/Add.7).
Reports of Suriname
The initial to tenth periodic reports of Suriname (CERD/C/446/Add.1) enumerate the efforts of the State party in combating racial discrimination in all its forms. The population consists of various ethnic groups whose members continue to speak their languages and enjoy the cultures of their native countries. They are permitted to do so freely. The country has a multicultural and multilingual society, a fact which the State is very proud of. Its policy is aimed at the promotion of cultural democracy. The Government, believing in the basic human rights of any individual and condemning racial discrimination, tries to comply with its obligations.
The reports say that the definition of racial discrimination in the Convention has been adopted by the Constitution, which unequivocally states that “no one shall be discriminated against on grounds of birth, sex, race, language, religion, education, political opinion, economic position or any other status”.
Presentation of Reports
EWALD W. LIMON, Ambassador and Permanent Representative of Suriname to the United Nations in New York, said that his Government had been unable to report to the Committee for many years due to myriad reasons, including the military insurgency.
Suriname had a fascinating society made up of a number of races living together harmoniously. The population consisted of various ethnic groups whose members continued to speak their languages and enjoy the cultures of their native countries. The Republic was like the world in miniature, consisting of Hindus 35 per cent, Creoles 33 per cent, Javanese 10 per cent, Chinese 2 per cent, and Amerindians 3 per cent. The rest consisted of Caucasians, Lebanese, Syrians and people of mixed race.
Mr. Limon said that the country’s Constitution guaranteed the rights of every citizen to all the privileges that the society provided. There was no racial discrimination which prevented persons from practicing any profession or taking any Government post. The people of Suriname enjoyed their full rights as citizens without impediments.
In addition, the Constitution acknowledged that everyone had the right to personal freedom and safety, the Ambassador of Suriname said. That personal freedom was broadly interpreted. Suriname condemned racial segregation and apartheid and there was no territory under its jurisdiction which exercised that kind of discrimination.
Responding to questions addressed to the Government prior to the submission of Suriname’s report, Mr. Limon said, among other things, that indigenous and tribal peoples had effective remedies which allowed them to secure recognition of and respect for their lands, territories and ancestral resources. A mechanism had been put in place to that end.
Asked about the establishment of a uniform age of consent to marriage at 18 for all ethnic groups, including Amerindians and Maroons, Mr. Limon said that since those indigenous peoples cohabited without any formal marriage, the Government was not applying any marriage law that might go counter to their traditional practices.
Discussion
REGIS DE GOUTTES, the Committee Expert who served as country rapporteur to the report of Suriname, said that the report, which was submitted late, incorporated ten reports and partially responded to the Committee’s concerns. The report contained general information on the country and provided details on the existence of national juridical provisions which allowed the authorities to implement articles 1 to 7 of the Convention. However, it did not sufficiently enlighten the Committee on the situation on the ground or the daily reality that the indigenous peoples were living in.
Mr. de Gouttes said that several positive aspects were indicated in the report, particularly the inclusion of the demographic composition of the population. Also included was information on the status of the Convention within domestic legislation; the definition of racial discrimination; and the criminal provision against racial discrimination as provided for by article 4 of the Convention, among other things.
With regard to article 1 of the Convention, Mr. de Gouttes said that racial discrimination was defined in accordance with article 1 of the Convention. According to paragraphs 72 and 73 of the report, the Government did not adopt special measures for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection. The Government did not have data available that sections of the ethnically diverse population needed special protection in order to ensure the equal enjoyment of human rights by all. The information available concerning the difficult situation of the indigenous populations and ethnic groups should prompt the Government to review its position on this issue.
Concerning article 2 of the Convention, the rapporteur said that according to the assessment of “Rio + 10”, the interior regions, which were hardly accessible and were inhabited by Amerindians and Maroons, suffered from a lack of infrastructure and a shortage of facilities in health, education and communications. The Government should indicate how it was implementing the Peace Accord of 1992 concerning economic and social development of the interior regions. In paragraph 81 of the report, the Government had said that a global plan was necessary to overcome the disparities in education with regard to the interior regions, which had been neglected in the past. He asked if the plan had been adopted and implemented.
According to paragraph 106 of the report, the effects of racial segregation practices, put in place by the colonial power, were still visible today in certain parts of the country, Mr. de Gouttes said. Did the Government plan to remedy this situation?
The criminal provisions of Suriname in matters of incitement to racial discrimination were positive, Mr. de Gouttes said. They provided for criminal sanctions against injuries and racial defamation, incitement to racial discrimination, the dissemination of racial hatred and the participation in racist activities. The whole provisions appeared to be in conformity with the exigencies of article 4 of the Convention; however, the prohibition of racist organizations was not explicitly indicated in the country’s legislation.
With regard to political rights, the rapporteur asked if the Government had information on the effective participation of the population of the interior, the Maroons and the indigenous peoples, in the elaboration of national policies and in the life of the community, as well as their access to high-level jobs. What lessons could be obtained from the political parties based on ethnicity? Did a multi-ethnic political party exist? What were the obstacles they encountered in their organization?
The Government had presented the Peace Accord of 1992 and the Protocol of 2001 as guaranteeing indigenous peoples rights to their territories and over their means of subsistence. Did those agreements have obligatory characters? Were they effectively implemented and did they truly protect those populations from forestry and mine exploitation by foreign companies? What measures were taken against the environmental deterioration of the land caused by the use of mercury in gold mining?
Other Experts also raised a number of questions. One Expert said a healthy environment should be created to empower all sectors of the society so that they enjoyed equal rights. On the enjoyment of economic, social and cultural rights, the report said that schools had been destroyed in some regions by fighting. Did the Government create other opportunities so that people in those areas enjoyed their right to education?
Another Expert said that Dutch was the official language of the country; however, people in the interior did not speak that language. How did the Government disseminate information and education in Dutch. The Government was asked to provide information on certain peoples who were forced to live in defined areas without the right to move to other areas.
One speaker asked about the measures for the integration of the different ethnic groups without any racial discrimination. What process was followed to bring all the different racial groups together for the purpose of mainstreaming them? Was there any attempt to bring traditional laws together with the positive law to avoid its marginalization?
Another Expert asked if indigenous language rights were not damaged by the introduction of languages foreign to the indigenous people.
An Expert said that land rights belonged to the State which also owned the resources. The indigenous peoples were unhappy with the current situation concerning their lands and resources. He asked if the State was taking into consideration the interests of the indigenous people when it was using resources. Measures should be implemented concerning subsistence while mining was taking place in territories of indigenous peoples. The Government should consult the indigenous leaders on how to compensate the loss of lands and resources.
Speaking about the same issue of indigenous rights, another Expert asked if indigenous peoples were provided with special status at the constitutional or legislative levels. Was there any cooperation with non-governmental organizations concerning their monitoring of the situation in the remote and interior regions of the country, which the Government had little information on.
An Expert said that the Constitution provided for a Constitutional Court, which would be in charge of the judicial review of the contents of laws; however such a Court did not exist yet, according to the delegation and the report. What was the reason for that?
Responding, the delegation said that all people in the country had been included in the most recent census. However, some Surinamese who had left the country to go to a neighbouring country had not been included because of their acquisition of that country’s nationality. Those who had left the country due to the armed conflict and who had later returned had been fully integrated and included in the census.
On the question of prohibiting organizations inciting racial discrimination, the delegation said that the country’s legislation explicitly prohibited the creation and existence of such organizations. The propagation of racial hatred was a criminal offence that entailed legal measures.
The teaching and training of human rights was part of the curriculum within the police training courses, the delegation said. Members of the law-enforcement institutions were also included in training programmes aimed at the promotion of human rights.
The Maroons and other indigenous peoples of Suriname participated in the political process of the country, the delegation said. They had always been represented at the local and national levels in all aspects of economic and social decisions. The Government had awarded compensation to some Maroons whose lands had been affected by mining.
Committee Experts continued to raise further questions on the situation in Suriname. An Expert asked why the State party had not ratified International Labour Organization Convention 169 on the rights of indigenous and tribal peoples.
Further raising the issue of reported mercury contamination of indigenous lands, another Expert said that this situation had adverse effects on the people living in the affected area. Traditional landowners were not informed about the extent of the environmental contamination and the projects set up to explore for gold. Although the State party had the right to invite international companies to develop its resources, respect for the indigenous people should be upheld. What mechanisms were set up to recognize indigenous land ownership?
An Expert said that national and international steps should be taken concerning indigenous people. They should receive education in their own language. The international community should assist Suriname in its efforts to protect the rights of its indigenous peoples.
Responding, the delegation said a very constructive process of dialogue had started and would continue.
The Government was aware of the mercury pollution caused by big companies in the lands of the Maroon and indigenous peoples, the delegation said. A series of regulations had been put in place to reduce the mercury poisoning and other measures had also been implemented. The Government had successfully controlled the extent of poisoning in regions where small companies were operating.
Preliminary Remarks
REGIS DE GOUTTES, the Committee Expert who served as country rapporteur on the reports of Suriname, said that a number of important issues had been raised during the discussion with the members of the Surinamese delegation. The legitimate rights of the State in developing resources vis-à-vis the population had also been discussed. In its conclusions, the Committee would emphasize the positive measures provided by the State party, including the availability of criminal provisions against racial discrimination.
In terms of general information, Mr. de Gouttes said the Committee expected to receive current data on the demographic composition of the population following the 2003 census, and on the subject of the Constitutional Court, which was envisaged by the State party. The Committee was also awaiting information on the equal opportunities enjoyed by the indigenous peoples with regard to their participation in decision-making processes. Information was also expected about the use of local languages in education. In terms of granting land concessions to foreigners, the Committee was eager to receive information on the participation of the indigenous people in that process.
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of Racial Discrimination
24 February 2004
The Committee on the Elimination of Racial Discrimination has concluded its review of the initial to tenth periodic reports of Suriname on how that country is implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the reports, Ewald W. Limon, Ambassador and Permanent Representative of Suriname to the United Nations in New York, said that his Government had been unable to report to the Committee for many years due to myriad reasons, including the military insurgency. He said Suriname was like the world in miniature, consisting of Hindus, Creoles, Javanese, Chinese and Amerindians, among others.
There was no racial discrimination in Suriname which prevented persons from practicing any profession or taking any Government post, Mr. Limon said, adding that the people enjoyed their full rights as citizens without impediments.
Committee Experts including Régis de Gouttes, the panel’s country rapporteur on the reports of Suriname, raised a series of questions, including on the right of indigenous peoples to their land and their participation in the country’s affairs; the prohibition of organizations disseminating racial hatred; the extent of mercury poisoning of lands by gold mining companies; and the effectiveness of political parties based on ethnicity, among other things.
The Committee will issue its final conclusions and recommendations on the reports of Suriname towards the end of the session, which concludes on 12 March.
Mr. de Gouttes, in his preliminary remarks, said the Committee had raised a number of important issues during the discussion with the members of the Surinamese delegation. In its conclusions, the Committee would emphasize the positive measures provided by the State party, including the availability of criminal provisions against racial discrimination. In terms of general information, Mr. de Gouttes said the Committee expected to receive current data on the demographic composition of the population following the 2003 census, and on the subject of the Constitutional Court, which was envisaged by the State party.
Members of the Suriname delegation included Lydia Ravenberg, Eric Rudge, Margo Waterval and Elleson Fraenk, from the Ministry of Justice and Police.
As one of the 169 States parties to the Convention, Suriname must present periodic reports to the Committee on efforts to eradicate racial bias.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the report of Spain (CERD/C/43/Add.7).
Reports of Suriname
The initial to tenth periodic reports of Suriname (CERD/C/446/Add.1) enumerate the efforts of the State party in combating racial discrimination in all its forms. The population consists of various ethnic groups whose members continue to speak their languages and enjoy the cultures of their native countries. They are permitted to do so freely. The country has a multicultural and multilingual society, a fact which the State is very proud of. Its policy is aimed at the promotion of cultural democracy. The Government, believing in the basic human rights of any individual and condemning racial discrimination, tries to comply with its obligations.
The reports say that the definition of racial discrimination in the Convention has been adopted by the Constitution, which unequivocally states that “no one shall be discriminated against on grounds of birth, sex, race, language, religion, education, political opinion, economic position or any other status”.
Presentation of Reports
EWALD W. LIMON, Ambassador and Permanent Representative of Suriname to the United Nations in New York, said that his Government had been unable to report to the Committee for many years due to myriad reasons, including the military insurgency.
Suriname had a fascinating society made up of a number of races living together harmoniously. The population consisted of various ethnic groups whose members continued to speak their languages and enjoy the cultures of their native countries. The Republic was like the world in miniature, consisting of Hindus 35 per cent, Creoles 33 per cent, Javanese 10 per cent, Chinese 2 per cent, and Amerindians 3 per cent. The rest consisted of Caucasians, Lebanese, Syrians and people of mixed race.
Mr. Limon said that the country’s Constitution guaranteed the rights of every citizen to all the privileges that the society provided. There was no racial discrimination which prevented persons from practicing any profession or taking any Government post. The people of Suriname enjoyed their full rights as citizens without impediments.
In addition, the Constitution acknowledged that everyone had the right to personal freedom and safety, the Ambassador of Suriname said. That personal freedom was broadly interpreted. Suriname condemned racial segregation and apartheid and there was no territory under its jurisdiction which exercised that kind of discrimination.
Responding to questions addressed to the Government prior to the submission of Suriname’s report, Mr. Limon said, among other things, that indigenous and tribal peoples had effective remedies which allowed them to secure recognition of and respect for their lands, territories and ancestral resources. A mechanism had been put in place to that end.
Asked about the establishment of a uniform age of consent to marriage at 18 for all ethnic groups, including Amerindians and Maroons, Mr. Limon said that since those indigenous peoples cohabited without any formal marriage, the Government was not applying any marriage law that might go counter to their traditional practices.
Discussion
REGIS DE GOUTTES, the Committee Expert who served as country rapporteur to the report of Suriname, said that the report, which was submitted late, incorporated ten reports and partially responded to the Committee’s concerns. The report contained general information on the country and provided details on the existence of national juridical provisions which allowed the authorities to implement articles 1 to 7 of the Convention. However, it did not sufficiently enlighten the Committee on the situation on the ground or the daily reality that the indigenous peoples were living in.
Mr. de Gouttes said that several positive aspects were indicated in the report, particularly the inclusion of the demographic composition of the population. Also included was information on the status of the Convention within domestic legislation; the definition of racial discrimination; and the criminal provision against racial discrimination as provided for by article 4 of the Convention, among other things.
With regard to article 1 of the Convention, Mr. de Gouttes said that racial discrimination was defined in accordance with article 1 of the Convention. According to paragraphs 72 and 73 of the report, the Government did not adopt special measures for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection. The Government did not have data available that sections of the ethnically diverse population needed special protection in order to ensure the equal enjoyment of human rights by all. The information available concerning the difficult situation of the indigenous populations and ethnic groups should prompt the Government to review its position on this issue.
Concerning article 2 of the Convention, the rapporteur said that according to the assessment of “Rio + 10”, the interior regions, which were hardly accessible and were inhabited by Amerindians and Maroons, suffered from a lack of infrastructure and a shortage of facilities in health, education and communications. The Government should indicate how it was implementing the Peace Accord of 1992 concerning economic and social development of the interior regions. In paragraph 81 of the report, the Government had said that a global plan was necessary to overcome the disparities in education with regard to the interior regions, which had been neglected in the past. He asked if the plan had been adopted and implemented.
According to paragraph 106 of the report, the effects of racial segregation practices, put in place by the colonial power, were still visible today in certain parts of the country, Mr. de Gouttes said. Did the Government plan to remedy this situation?
The criminal provisions of Suriname in matters of incitement to racial discrimination were positive, Mr. de Gouttes said. They provided for criminal sanctions against injuries and racial defamation, incitement to racial discrimination, the dissemination of racial hatred and the participation in racist activities. The whole provisions appeared to be in conformity with the exigencies of article 4 of the Convention; however, the prohibition of racist organizations was not explicitly indicated in the country’s legislation.
With regard to political rights, the rapporteur asked if the Government had information on the effective participation of the population of the interior, the Maroons and the indigenous peoples, in the elaboration of national policies and in the life of the community, as well as their access to high-level jobs. What lessons could be obtained from the political parties based on ethnicity? Did a multi-ethnic political party exist? What were the obstacles they encountered in their organization?
The Government had presented the Peace Accord of 1992 and the Protocol of 2001 as guaranteeing indigenous peoples rights to their territories and over their means of subsistence. Did those agreements have obligatory characters? Were they effectively implemented and did they truly protect those populations from forestry and mine exploitation by foreign companies? What measures were taken against the environmental deterioration of the land caused by the use of mercury in gold mining?
Other Experts also raised a number of questions. One Expert said a healthy environment should be created to empower all sectors of the society so that they enjoyed equal rights. On the enjoyment of economic, social and cultural rights, the report said that schools had been destroyed in some regions by fighting. Did the Government create other opportunities so that people in those areas enjoyed their right to education?
Another Expert said that Dutch was the official language of the country; however, people in the interior did not speak that language. How did the Government disseminate information and education in Dutch. The Government was asked to provide information on certain peoples who were forced to live in defined areas without the right to move to other areas.
One speaker asked about the measures for the integration of the different ethnic groups without any racial discrimination. What process was followed to bring all the different racial groups together for the purpose of mainstreaming them? Was there any attempt to bring traditional laws together with the positive law to avoid its marginalization?
Another Expert asked if indigenous language rights were not damaged by the introduction of languages foreign to the indigenous people.
An Expert said that land rights belonged to the State which also owned the resources. The indigenous peoples were unhappy with the current situation concerning their lands and resources. He asked if the State was taking into consideration the interests of the indigenous people when it was using resources. Measures should be implemented concerning subsistence while mining was taking place in territories of indigenous peoples. The Government should consult the indigenous leaders on how to compensate the loss of lands and resources.
Speaking about the same issue of indigenous rights, another Expert asked if indigenous peoples were provided with special status at the constitutional or legislative levels. Was there any cooperation with non-governmental organizations concerning their monitoring of the situation in the remote and interior regions of the country, which the Government had little information on.
An Expert said that the Constitution provided for a Constitutional Court, which would be in charge of the judicial review of the contents of laws; however such a Court did not exist yet, according to the delegation and the report. What was the reason for that?
Responding, the delegation said that all people in the country had been included in the most recent census. However, some Surinamese who had left the country to go to a neighbouring country had not been included because of their acquisition of that country’s nationality. Those who had left the country due to the armed conflict and who had later returned had been fully integrated and included in the census.
On the question of prohibiting organizations inciting racial discrimination, the delegation said that the country’s legislation explicitly prohibited the creation and existence of such organizations. The propagation of racial hatred was a criminal offence that entailed legal measures.
The teaching and training of human rights was part of the curriculum within the police training courses, the delegation said. Members of the law-enforcement institutions were also included in training programmes aimed at the promotion of human rights.
The Maroons and other indigenous peoples of Suriname participated in the political process of the country, the delegation said. They had always been represented at the local and national levels in all aspects of economic and social decisions. The Government had awarded compensation to some Maroons whose lands had been affected by mining.
Committee Experts continued to raise further questions on the situation in Suriname. An Expert asked why the State party had not ratified International Labour Organization Convention 169 on the rights of indigenous and tribal peoples.
Further raising the issue of reported mercury contamination of indigenous lands, another Expert said that this situation had adverse effects on the people living in the affected area. Traditional landowners were not informed about the extent of the environmental contamination and the projects set up to explore for gold. Although the State party had the right to invite international companies to develop its resources, respect for the indigenous people should be upheld. What mechanisms were set up to recognize indigenous land ownership?
An Expert said that national and international steps should be taken concerning indigenous people. They should receive education in their own language. The international community should assist Suriname in its efforts to protect the rights of its indigenous peoples.
Responding, the delegation said a very constructive process of dialogue had started and would continue.
The Government was aware of the mercury pollution caused by big companies in the lands of the Maroon and indigenous peoples, the delegation said. A series of regulations had been put in place to reduce the mercury poisoning and other measures had also been implemented. The Government had successfully controlled the extent of poisoning in regions where small companies were operating.
Preliminary Remarks
REGIS DE GOUTTES, the Committee Expert who served as country rapporteur on the reports of Suriname, said that a number of important issues had been raised during the discussion with the members of the Surinamese delegation. The legitimate rights of the State in developing resources vis-à-vis the population had also been discussed. In its conclusions, the Committee would emphasize the positive measures provided by the State party, including the availability of criminal provisions against racial discrimination.
In terms of general information, Mr. de Gouttes said the Committee expected to receive current data on the demographic composition of the population following the 2003 census, and on the subject of the Constitutional Court, which was envisaged by the State party. The Committee was also awaiting information on the equal opportunities enjoyed by the indigenous peoples with regard to their participation in decision-making processes. Information was also expected about the use of local languages in education. In terms of granting land concessions to foreigners, the Committee was eager to receive information on the participation of the indigenous people in that process.
* *** *