CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Suriname (RATIFICATION: 2017)

Other comments on C111

Observation

2022

Direct Request

2022
2021
2020

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Article 1 of the Convention. Prohibition of discrimination and scope of application. Legislation. The Committee previously noted the absence, in the national legislation, of a definition of discrimination and a general prohibition of discrimination in employment and occupation covering explicitly at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and all aspects of employment and occupation. It also noted that the draft Equality of Treatment Act prohibited both direct and indirect discrimination on all grounds listed under Article 1(1)(a) of the Convention and also included the grounds of pregnancy, marital status, age and family responsibility.The Committee notes, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the draft Equality of Treatment Act has yet to be adopted by Parliament. With regard to the Committee’s previous comment on the application of section 2(1) of the Maternity Protection Act, the Committee notes the Government’s indication that no violations have been detected by the labour inspectorate and that no complaints have been filed with the courts. The Committee once again asks the Government to take the opportunity provided by the draft Equality of Treatment Act to adopt as soon as possible comprehensive legislation that:

(i)defines and prohibits discrimination in all aspects of employment and occupation;
(ii)covers at least the grounds of race, colour, sex, religion, political opinion, national extraction and social origin enumerated in Article 1(1)(a) of the Convention; and
(iii)addresses both equality of treatment and equality of opportunity, in conformity with the Convention.

The Committee requests the Government to take all the necessary measures to ensure that the draft Equality of Treatment Act is adopted in the near future; and to provide information on the progress achieved (and a copy once adopted). In the meantime, recalling that protection against discrimination in employment and occupation is only partially addressed by articles 8, 27 and 28 of the Constitution, the Committee once again asks the Government to:

(i)provide information on how the above-mentioned articles are interpreted and applied in practice, including by national courts, to ensure that the principles of the Convention extend to all aspects of employment and occupation covered by Article 1(3) the Convention and to all grounds of discrimination prohibited under Article 1(1)(a) of the Convention; and
(ii)indicate how it is ensured that the same protection is applied to all workers in all sectors of activity. The Committee once again asks the Government to provide information on the practical application of section 2(1) of the Maternity Protection Act, including any violations detected by the labour inspectorate and any complaints filed with courts and other competent authorities.

Public sector. In reply to the Committee’s previous request that the Government provide information on the application of the Convention to workers in the public sector, the Government states that it will report on the progress made in due time. As to the Committee’s request that the Government repeal the discriminatory provisions in the Civil Servants Act that reduce a woman’s entitlement to annual leave due to pregnancy and childbirth and that allow for the possibility of terminating the labour contract of a female civil servant when she marries, the Government replies that this query will be forwarded to the Ministry of Home Affairs who will see what possibilities exist to make the proposed amendments. The Committee therefore once again urges the Government to repeal any discriminatory provision in the Civil Servants’ Act, including the two sex discriminatory provisions identified above, and to provide information on any developments in this respect. The Committee also once again requests the Government to provide information on the application of the Convention to workers in the public sector with respect to all aspects of employment and occupation covered in Article 1(3) of the Convention and in respect of all the grounds of discrimination prohibited under Article 1(1)(a).

Article 1(2). Inherent requirements of the job. With reference to its previous comment, the Committee notes the Government’s reply that no complaints have been brought to the courts. It does not provide examples of the application of existing legislation concerning inherent requirements. The Committee therefore once again requests the Government to:

(i)provide examples of the application of section 3(2) of the Labour Exchange Act and sections 2(2) and 2(3) of the Maternity Protection Act to specific cases with a view to assessing whether the exceptions to the prohibition of discrimination provided for in these provisions are applied in practice to meet the inherent requirements of a particular job, in line with Article 1(2) of the Convention; and
(ii)provide information on any complaints brought before national courts concerning discrimination based on political opinion that invoke article 27 of the Constitution, and their outcomes.

Article 2. National equality policy. In reply to the Committee’s previous comment, the Government indicates that the draft Equality of Treatment Act provides for the creation of a Working Group that will be tasked with the development of a national equality policy, in cooperation with the social partners. The Government further states that no studies regarding the current situation have been performed and that no statistical information is available yet. It adds that, when the new law enters into force, additional and specific measures will be taken and more information will become available. The Committee recalls that, under Article 2 of the Convention, the State has the immediate obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and refers to paragraphs 841 et seq of the General Survey on the fundamental Conventions, 2012 in this regard. The Committee asks the Government to take all the necessary measures to adopt, as soon as possible and in cooperation with the social partners and other interested groups, a national equality policy. It also, once again:

(i)encourages the Government to undertake a study assessing the present situation concerning equality of opportunity and treatment in employment and occupation for the population with respect to, at least, all the grounds of discrimination prohibited under the Convention, with a view to informing the formulation and subsequent evaluation of appropriate measures, taking into account the effects of multiple forms of discrimination and paying particular attention to people living in the remote areas of the country;
(ii)asks the Government to provide information on the specific measures adopted or envisaged under the policy to eliminate discrimination based on, at least, all the grounds prohibited under Article 1(1)(a) the Convention, and promote equality of opportunity and treatment in employment and occupation, and on their results; and
(iii)asks the Government to provide information on the findings of the study as well as any statistical information available, disaggregated by ethnic origin and geographical location, on the distribution of men and women in the various economic sectors and occupations.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee refers to its previous comment and notes that the Government’s report does not provide any new information on this point.The Committee notes, from the Government’s report on the follow-up to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Bureau for Gender Affairs was in the process of evaluating the implementation of the activities of 2019. In this follow-up report, the Government also indicates that through the Technical Assistance Agreement, which the Ministry of Home Affairs signed in 2019 with the Islamic Development Bank, policymakers and government officials receive awareness-raising sessions on the importance of comprehensive, consistent and coherent legal reform to achieve substantive equality of women and men (CEDAW/C/SUR/FCO/4-6, 19 October 2020, paras. 5 and 16). The Committee also notes, from the Government’s report on the application of the International Covenant on Civil and Political Rights, that the Bureau for Gender Affairs regularly provides training and information sessions on gender and gender-related issues to various target groups. The Government indicates that in these sessions, gender biases and stereotypes regarding the roles and responsibilities of men and women in the family and society are addressed. The report adds that both national and international studies show that Suriname lags behind with the participation of women in decision-making positions. After the 2010 general elections, the proportion of women representatives in the Parliament was at 10 per cent, it rose to 25,5 per cent in 2015 and to 33 per cent in 2020 (CCPR/C/SUR/4, January 2022, paras. 43 and 45). The Committee once again asks the Government to provide information on:

(i)the measures taken to address discrimination and promote equality of opportunity and treatment for men and women in employment and occupation under the Gender Vision Policy Document 2021–2035 and the National Development Plan 2017-2021, including information on the results achieved and any obstacles encountered;
(ii)any specific measures adopted to tackle the multiple forms of discrimination in employment and occupation faced by rural women, Maroon women and indigenous women; and
(iii)any measures adopted to favour shared family responsibility between men and women and address gender stereotypes affecting women’s access to and advancement in employment and occupation.

The Committee also asks the Government to continue to provide information on the activities of the Bureau for Gender Affairs in relation to ensuring equality of opportunity and treatment for men and women.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous and tribal peoples. In reply to its previous comment, the Committee notes with regret the Government’s indication that the draft Law on the Collective Rights of Indigenous and Tribal People is still awaiting consideration by the National Assembly. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concerns over the fact that, pending the adoption of a comprehensive anti-discrimination law, the applicable national legislative framework lacks an explicit definition of racial discrimination and that it does not expressly prohibit both direct and indirect racial discrimination in the public and private spheres. The CERD also outlined the lack of data on complaints of racial discrimination, as well as on investigations, prosecutions, convictions and sanctions imposed by domestic courts (CERD/C/SUR/CO/16-18, 21 September 2022, para. 9). The Committee asks the Government to provide information on any development regarding the adoption of the law. It also asks the Government to indicate how it is ensured that the principle of equality of opportunity and treatment irrespective of race, colour and national extraction is ensured in practice in particular regarding the rights of indigenous and tribal peoples.

Equality of opportunity and treatment irrespective of social origin. Rural workers. In reply to the Committee’s previous comment, the Government indicates that, there is still no information available on this point. The Committee notes that the CERD expressed concern, in its concluding observations, about the limited access of those living in remote areas to adequate public services, education and health care (CERD/C/SUR/CO/16-18, para. 29). The Committee therefore asks the Government to:

(i)step-up its efforts to gather information, in cooperation with the social partners and interested groups, on the application of the principles of the Convention in rural areas; and
(ii)take measures to promote equality of opportunity and treatment in employment and occupation for men and women rural workers, including access to education and vocational training.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the indication of the Government that the Labour Advisory Board has not undertaken any initiatives in cooperation with the social partners to promote the principles of the Convention, but that the Minister of Labour, Employment Opportunity and Youth Affairs will encourage the Labour Advisory Board to include this topic on its next agenda. The Committee asks the Government to:

(i)provide information on any initiative undertaken in cooperation with the organizations of workers and employers to promote the principle of the Convention, in the framework of the Labour Advisory Board or otherwise; and
(ii)indicate if the National Commission on Equality of Treatment has been established and, if so, provide information on its activities.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. With reference to its previous comment, the Committee notes the Government’s reply that the provisions which apply to the security of the State are summarized in sections 129, 133, 135, 143 and 149 of the Penal Code. The Committee notes that the Government reiterates its statement that everyone sentenced has the right to appeal the sentence, but it notes that the Government does not provide information on how it is ensured that, in practice, the restrictions adopted in respect of employment and occupation comply with Article 4 of the Convention. In this regard, the Committee once again refers to paragraph 834 of its 2012 General Survey. The Committee once again asks the Government to provide examples of the application of sections 129, 133, 135, 143 and 149 of the Penal Code, indicating how it is ensured that the restrictions adopted in respect of employment and occupation comply with Article 4 of the Convention and do not constitute discrimination under its Article 1.

Article 5. Special measures. The Committee notes the Government’s statement that it has not yet adopted special measures in favour of specific groups of persons. Referring to its previous comment, the Committee encourages the Government, after consultation with representative employers' and workers' organisations, to consider the adoption of special measures to promote equality of opportunity and treatment in employment and occupation for categories in need of special protection or assistance, including persons with disabilities; and asks the Government to provide information on any developments in this regard.

Maternity protection. In reply to its previous comment, the Committee notes that the Government declares that there are still no specific cases regarding the application of the Maternity Protection Act. The Committee recalls that protective measures for women may be broadly categorized into: (1) those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention; and (2) those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the 2012 General Survey, paragraph 839). The Committee therefore once again asks the Government to provide concrete examples ofdistinctions based on sex, made in application of section 2(2)(b) of the Maternity Protection Act with the objective of protecting women, in particular with regard to pregnancy and maternity.

Enforcement. The Committee notes the Government’s indication that no measures have been adopted to enhance the capacity of the enforcement authorities or social partners. It also notes that, once again, the Government declares that there have been no judicial decisions and cases related to the application of the Convention. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed. The Committee also stresses the need to collect and publish information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms (see the 2012 General Survey, 2012, paras 850, 870 and 871). The Committee encourages the Government to:

(i)raise awareness of the legislation among relevant authorities, social partners, and the general public;
(ii)enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials; and
(iii)examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

The Committee also again asks the Government to provide information on:

(i)judicial decisions and cases dealt by competent bodies involving issues related to the application of the Convention;
(ii)any violations in this respect brought to the attention of or detected by the labour inspectors, and their outcomes; and
(iii)any measures adopted to enhance the capacity of enforcement authorities, as well as of social partners, to identify, prevent and address cases of discrimination.