Abolition of Forced Labour Convention, 1957 (No. 105) - Suriname (Ratification: 1976)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Sanctions involving compulsory labour as punishment for the expression of political or ideological views. For many years, the Committee has been referring to section 1 of Decree No. B-10 of 29 June 1983, which prohibits, among other things, the possession or distribution of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; and to section 2 of that Decree which provides for penalties of imprisonment. It further noted that sections 14, 16, 35 and 37 of the Penal Code, which provided that persons sentenced to imprisonment and detention could be subject to compulsory labour, were repealed. It noted however that, following amendments to the Penal Code in 2015, community service was established as a compulsory, rather than an alternative, sanction (section 9). The Committee pointed out that these provisions may lead to the imposition of compulsory labour as a punishment for expressing political or ideological views.

The Committee notes the Government’s indication, in its report, in response to the its request, that the Ministry of Justice has not disclosed further plans to repeal Decree No. B-10 of 29 June 1983. It notes that the Government adds that the Ministry of Labour will communicate to the Ministry of Justice and Police that compulsory labour may not be applied as a sanction in the context of political and ideological views. Recalling that penalties involving compulsory labour cannot be imposed for the expression of political and ideological views, the Committee once again urges the Government to take all the necessary measures to ensure that Decree No. B-10 of 29 June 1983 will be formally repealed to bring the legislation into conformity with the Convention and indicated practice.

Article 1(c). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its previous comment, the Committee noted that following amendments to the Penal Code in 2015, section 455 narrowed the scope of certain breaches of labour discipline by seafarers to situations of danger. The Committee noted as above, that the sanction of community service in the amended version of the Penal Code of 2015 was established as a compulsory, rather than an alternative, sanction (section 9).

The Committee notes the Government’s indication, in response to its request, that no communication has been received from the Ministry of Justice to indicate that there is an intention to amend the Penal Code. It further notes that section 464(1), indent 4, of the Penal Code still provides for a sentence of imprisonment of up to six months for disobedience, without referring to a situation where the ship, the life or the health of persons are endangered. In this respect, the Committee recalls that the imposition of compulsory community service for acts of labour discipline is incompatible with the Convention. The Committee requests the Government to take the necessary measures to ensure that section 464(1), indent 4, of the Penal Code is amended so as to ensure that sanctions involving compulsory labour are restricted to breaches of labour discipline by seafarers in situations where the ship, or the life or health of persons is endangered.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee takes note of Government’s indication regarding the revised Penal Code amended in 2015. Thus, the provisions relating to sanctions imposing compulsory labour have been repealed and community service has been introduced within limits in the new sections 9, 39, 39a, 39b, 39c, 105, 105f and 105h. The Committee notes the adoption and implementation of the Decent Work Country Programme 2014–16.

Article 1(a) of the Convention. Sanctions involving compulsory labour as punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provides for penalties involving compulsory labour. The Committee has also been referring to section 1 of the Decree No. B-10 of 29 June 1983, which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the decree provides for penalties of imprisonment. The Committee previously noted that persons sentenced to imprisonment and detention could be subjected to compulsory labour according to sections 14, 16, 35 and 37 of the Penal Code. The Committee pointed out that they may lead to the imposition of compulsory labour as a punishment for expressing political or ideological views. The Committee also noted the Government’s indication that the Royal decree of 1933 was no longer in force. Thus, the Committee requested the Government to supply a copy of the repealing text. It also requested the Government to take the necessary measures to formally repeal Decree No. B-10 of 29 June 1983, in order to bring the legislation in conformity with the Convention and indicated practice.

The Committee notes the Government’s indication that in recent correspondence (August 2016) the Ministry of Justice and Police states that Decree No. B-10 of 29 June 1983 is still formally intact and that the Ministry of Labour will keep on asking the Ministry of Justice to bring the legislation in conformity with the Convention. The Committee also notes that sections 14, 16, 35 and 37 of the Penal Code providing compulsory labour to persons sentenced to imprisonment and detention, were repealed. The Committee notes the introduction of community service in new sections 9, 39, 39a, 39b, 39c, 105f and 105h. The Committee notes that the community service is not an alternative sanction but a principle one which is compulsory (section 9). The Committee recalls the Government that “sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision” (General Survey on the Eradication of forced labour, 2007, paragraph 154,). The Committee therefore urges the Government to take all the necessary measures to ensure that the Decree No. B-10 of 29 June 1983 and the National Decree of 20 July 1956 will be formally repealed and it requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to ensure that, in both law and practice, penalties involving compulsory labour cannot be imposed for the expression of political and ideological views.

Article 1(c). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its previous comments, the Committee has been referring to provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory labour) to be imposed for certain breaches of labour discipline by seafarers, even in situation where the ships or the life or health of persons are not endangered (sections 455, 462, 463, 464 and 468). The Committee recalled the Government that it had been raising this issue for many years and it requested the Government to supply a copy of the revised Penal Code and information on how the revised Code had been brought into conformity with the Convention on this point.

The Committee notes the Government’s indication that sections 456–458, 462–463 and 468 of the Penal Code as amended in 2015 have been repealed and that sections 455 and 464 of the Penal Code as amended in 2015 applying to seafarers have been amended. The Committee notes that section 455 and 464 have been amended such as penalties of imprisonment (involving compulsory prison labour) can be imposed for certain breaches of labour discipline by seafarers only in situations of danger. The Committee also notes, as mentioned above, that sections 14, 16, 35 and 37 of the Penal Code were repealed that new sections 9, 39, 39a, 39b, 39c, 105, 105f and 105 of the Penal Code as amended in 2015 establishes community service. The Committee also notes that community service is not an alternative sanction but a general one which is compulsory (section 9).

While taking due note of the amendments of sections 455 and 462 of the Penal Code as amended in 2015 which narrow the scope of certain breaches of labour discipline to situations of danger, the Committee recalls, referring to the explanations provided in paragraphs 309–312 of its 2012 General Survey, that the Convention prohibits the use of any form of forced or compulsory labour “as a means of labour discipline” and it should be limited in scope to circumstances endangering the safety of the ship or the life or health of persons. The Committee requests the Government to ensure that compulsory labour, through community service, cannot be a sanction as a means of labour discipline by seafarers and can only concern situations where the ship, or the life or health of persons are endangered.

Communication of texts. The Committee requests the Government to provide a copy of the English text of the Penal Code as amended in 2015.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour. The Committee has also been referring to section 1 of Decree No. B-10 of 29 June 1983, which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment. Noting that persons sentenced to imprisonment and detention can be subjected to compulsory labour (according to sections 14, 16, 35 and 37 of the Penal Code), the Committee has pointed out on numerous occasions that, in so far as the above provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views. The Committee further noted the Government’s repeated indication in its previous reports that neither Decree No. B-10 nor the National Decree of 20 July 1956, were applied in practice, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention.

The Committee notes the Government’s indication that the Royal Decree of 1933 according to information obtained by the Ministry of Justice and Police is no longer in force. Regarding Decree No. B-10 of 29 June 1983, the Government indicates that there has been communication between the Ministry of Labour, Technological Development and Environment and the Ministry of Justice and Police raising the question of its non-conformity with the Convention. The Ministry of Labour will once again stress the issue of repealing this Decree to the Ministry of Justice and Police.

Noting the Government’s indication that the Royal Decree of 26 October 1933 is no longer in force, the Committee requests the Government to supply a copy of the repealing text with its next report. The Committee also once again requests the Government to take the necessary measures with the relevant ministries to formally repeal Decree No. B-10 of 29 June 1983, in order to bring the legislation into conformity with the Convention and the indicated practice. It reiterates its request to the Government to provide, in its next report, information on the progress made in this regard.

Article 1(c). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. For a number of years, the Committee has been referring to penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons are not endangered. The Committee previously noted the Government’s statement that measures had been undertaken to repeal sections 456–458, 462–463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers. However, the Government also indicated that the relevant sections of the Penal Code had not been repealed or amended, but a completely revised text of the Penal Code had been approved by the Council of Ministers and adopted by the National Assembly.

Noting the absence of information on this issue, the Committee once again recalls that it has been raising this issue for many years and it therefore requests the Government to supply, with its next report, a copy of the revised Penal Code, and information on how the revised Code has been brought into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour. The Committee has also been referring to section 1 of Decree No. B-10 of 29 June 1983 which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment. Noting that persons sentenced to imprisonment and detention can be subjected to compulsory labour (according to sections 14, 16, 35 and 37 of the Penal Code), the Committee has pointed out on numerous occasions that, in so far as the above provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views.

The Committee further noted the Government’s repeated indication in its previous reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 were applied in practice, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention.

The Committee notes the Government’s indication in its latest report that the above Decrees have not yet been repealed and that the Ministry of Labour, Technological Development and Environment will submit proposals made in recent years to the Ministry of Justice and the Minister of Justice, who took office in August 2010.

Noting the Government’s repeated assurances that it will give attention to the issues raised by the Committee of Experts, the Committee urges the Government to take the necessary measures, in the near future, to formally repeal the relevant provisions of the abovementioned decrees, in order to bring the legislation into conformity with the Convention and the indicated practice. It reiterates its request to the Government to provide, in its next report, information on the progress made in this regard.

Article 1(c) and (d). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. For a number of years, the Committee has been referring to penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons are not endangered. The Committee previously noted the Government’s statement that measures had been undertaken to repeal sections 456–458, 462–463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers. However, in its latest report the Government indicates that the relevant sections of the Penal Code have not been repealed or amended, but a completely revised text of the Penal Code has been approved by the Council of Ministers and adopted by the National Assembly.

Recalling that this issue has been the subject of the Committee’s comments for many years, the Committee requests the Government to supply, with its next report, a copy of the revised Penal Code, and information on how the revised Code has been brought into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, subparagraph a, of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour. The Committee has also been referring to section 1 of Decree No. B-10 of 29 June 1983 which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment. The Committee pointed out on numerous occasions that, in so far as the above provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views.

The Committee previously noted the Government’s repeated indication in its reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice, though officially they were still valid, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention. The Government also indicated in its 2007 report that the Ministry of Justice and Police drafted a proposal in 2006 to the Council of Ministers to repeal Decree No. B-10 of 29 June 1983. In its latest report, the Government reiterates the importance of the repealing of the above Decrees and indicates that this issue has been recently brought once again to the attention of the Ministry of Justice and Police.

While having noted the Government’s repeated assurances that it will give attention to the issues raised by the Committee of Experts, the Committee trusts that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1, subparagraphs c and d. Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. For a number of years, the Committee has been referring to penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons are not endangered. The Committee previously noted the Government’s statement that a draft decree prepared by the Minister of Justice and Police to repeal sections 456–458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. However, the Government indicates in its latest report that the relevant sections of the Penal Code have not been repealed or amended separately during the reporting period, but a completely revised text of the Penal Code has been already approved by the Council of Ministers and has to be adopted by the National Assembly.

Recalling that this issue has been the subject of the Committee’s comments for many years, the Committee trusts that the revised text of the Penal Code will soon be adopted and legislation will be brought into conformity with the Convention on this point. The Committee requests the Government to provide, in its next report, information on the progress made in this regard and to supply a copy of the revised Penal Code, as soon as it is adopted.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For a number of years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour. The Committee has also been referring to section 1 of Decree No. B-10 of 29 June 1983 which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee pointed out that, in so far as the above provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views. 

The Committee previously noted the Government’s repeated indication in its reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice, though officially they are still valid, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention. The Government indicates in its latest report that the Ministry of Justice and Police has drafted a proposal in 2006 to the Council of Ministers to repeal Decree No. B-10 of 29 June 1983, but that no such proposal has been made to amend the National Decree of 20 July 1956. The Government also indicates that no definite changes can be reported.

The Committee has taken due note of this information and reiterates the firm hope that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to report the progress made in this regard.

Article 1(c) and (d). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its earlier comments the Committee referred to certain penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons are not endangered. The Committee noted the Government’ s statement that a draft decree prepared by the Minister of Justice and Police to repeal sections 456–458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. The Government also indicated that the draft Decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly.

In its latest report, the Government indicates however that the Ministry of Justice and Police is still in the reviewing process and that the situation has not changed yet. Recalling that this question has been the subject of the Committee’s comments for many years, the Committee reiterates the firm hope that the necessary measures will soon be taken to bring the legislation into conformity with the Convention. Noting also the Government’s statement in the report that the Ministry of Labour, Technological Development and Environment encourages this process, the Committee requests the Government to provide, in its next report, information on the progress achieved in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For a number of years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour.

The Committee also noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee referred to paragraph 138 of its General Survey of 1979 on the abolition of forced labour, where it indicated that, in so far as the relevant provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views; the same possibility arises where the authorities enjoy wide powers to prohibit publications if, in their opinion, such measure is in the public interest.  

The Committee has noted the Government’s repeated indications in its reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice, though officially they are still valid, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention. In its latest report, the Government indicates that this matter has once again been brought to the attention of the Ministry of Justice, which is the competent authority to amend and/or repeal the relevant legislation. However, the Government also indicates that, at this time, no definite changes can be reported.

The Committee expresses firm hope that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will soon be able to report the progress made in this regard.

Article 1(c) and (d). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its earlier comments the Committee referred to certain penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons on board are not endangered. The Committee noted the Government’s statement that a draft Decree prepared by the Minister of Justice to repeal sections 456-458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. The Government also indicated that the draft Decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly.

In its latest report, the Government indicates that the matter has been once again brought to the attention of the Ministry of Justice and Police, which has recently taken measures to review the Penal Code and amend it where necessary. However, according to the report, the situation has not changed yet. Recalling that this question has been the subject of the Committee’s comments for many years, the Committee expresses firm hope that the necessary measures will soon be taken to bring the legislation into conformity with the Convention and requests the Government to provide, in its next report, information on the progress achieved in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reply to its earlier comments.

Article 1(a) of the Convention. For a number of years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); as well as sections 8 and 9 of the 1933 Decree which provide for penalties involving compulsory labour.

The Committee also noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee referred to paragraph 138 of its General Survey of 1979 on the abolition of forced labour, where it indicated that, in so far as the relevant provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views; the same possibility arises where the authorities enjoy wide powers to prohibit publications if in their opinion such measure is in the public interest.

The Committee has noted the Government’s repeated indications in its earlier reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice and that the Ministry of Justice had been asked to bring them into conformity with democratic principles. In its latest report, the Government indicates that this matter has once again been brought to the attention of the Ministry of Justice, which is the competent authority to supply information on the validity of legal provisions which are out of practice or on measures to repeal them. The Government also indicates that, according to recent information received from the Ministry of Justice, the status of the above legislation has not changed.

The Committee trusts that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on progress achieved in this regard.

Article 1(c) and (d). In its earlier comments the Committee referred to certain penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons on board are not endangered. The Committee noted the Government’s statement that a draft decree prepared by the Minister of Justice to repeal sections 456-458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. The Government also indicated that the draft decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly, and that this matter would be brought to the attention of the Ministry of Justice.

In its latest report, the Government indicates that the matter has been once again brought to the attention of the Ministry of Justice, but, according to the information received from the Ministry, the situation has not changed. As this question has been the subject of the Committee’s comments for many years, the Committee trusts that the necessary measures will soon be taken to bring the legislation into conformity with the Convention and that the Government will shortly be able to report that this matter has finally been settled.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s report.

Article 1(a) of the Convention. The Committee previously noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee also referred to the National Decree of 20 July 1956 which submits meetings open to the public and other meetings in the district of Paramaribo to prior authorization under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour.

The Committee noted the Government’s repeated indications in its reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice and that the Ministry of Justice had been asked to bring them into conformity with democratic principles. Having noted that the Government’s latest report contains no new information on these points, the Committee reiterates its hope that the necessary measures will at last be taken, in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to provide information on progress achieved in this regard.

Article 1(c) and (d). In its earlier comments the Committee noted the Government’s statement that a draft decree prepared by the Minister of Justice to repeal sections 456-458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. The Government also indicated that the draft decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly, and that this matter would once again be brought to the attention of the Ministry of Justice. It indicates in its latest report that the Ministry of Justice has been once again requested to provide information about this matter, but has not been able to provide such information. As this question has been the subject of the Committee’s comments for many years, the Committee expresses strong hope that the necessary measures will soon be taken to bring the legislation into conformity with the Convention and that the Government will shortly be able to report that this matter has finally been settled.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(a) of the Convention. In its earlier comments the Committee noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee also referred to the National Decree of 20 July 1956 which submits meetings, open to the public and other meetings in the district of Paramaribo, to prior authorization under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly) and provides for penalties involving compulsory labour under sections 8 and 9 of the 1933 Decree.

The Government indicated in its 1994 report that neither Decree No. B-10 nor the National Decree was applied in practice and that the Ministry of Justice had been asked to update the National Decree to bring it into conformity with democratic principles. It reaffirms in its latest report that Decree No. B-10 is not applied in practice and states that, given changes in the political climate of the country, there is no urgency in repealing the Decree.

While noting this information, the Committee trusts that the necessary measures nevertheless will be taken in the near future in order to bring the legislation into conformity with the Convention and the indicated practice. It asks the Government to provide, in its next report, information on progress made in this regard.

Article 1(c) and (d). In its earlier comments the Committee noted the Government's statement that a draft decree prepared by the Minister of Justice to repeal sections 456 to 458, 462, 463 and 468, and to amend sections 455 and 464 of the Penal Code applying to seafarers would be submitted to the competent authority. The Committee also noted the Government's indications that the draft decree had been approved by the Council of Ministers but had not yet been adopted by the National Assembly or published. In its report of 1994 the Government indicated that this matter would once again be brought to the attention of the Ministry of Justice. It states in its latest report that no progress has been made as regards repealing and amending the abovementioned sections of the Penal Code and indicates that the Ministry of Justice has been once again requested to provide information about this matter. The Committee trusts that the Government will shortly be able to indicate that this matter, on which it has been commenting for many years, has been settled. It asks the Government to communicate information on progress made in its next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1(a) of the Convention. In its earlier comments the Committee noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee also referred to the National Decree of 20 July 1956 which subjects meetings, open to the public and other meetings in the district of Paramaribo, to prior authorization under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly) and provides for penalties involving compulsory labour under sections 8 and 9 of the 1933 Decree. The Government indicated in its report of 1994 that neither Decree No. B-10 nor the National Decree was applied in practice and that the Ministry of Justice had been asked to update the National Decree to bring it into conformity with democratic principles. The Government's reports received in September 1995 and September 1997 contain no new information on these points. The Committee once again expresses the hope that the Government will adopt the necessary measures in the near future, in order to bring the legislation into conformity with the practice described and the Convention. It asks the Government to provide in its next report information on progress made in this regard.

Article 1(c) and (d). In its earlier comments the Committee noted the Government's statement that a draft decree prepared by the Minister of Justice to repeal sections 456 to 458, 462, 463 and 468, and to amend sections 455 and 464 of the Penal Code applying to seafarers would be submitted to the competent authority. The Committee also noted the Government's indications that the draft decree had been approved by the Council of Ministers but not yet adopted by the National Assembly or published. In its report of 1994 the Government indicated that this matter would once again be brought to the attention of the Ministry of Justice. The Government's reports of 1995 and 1997 contain no new information on this point. The Committee hopes the Government will shortly be able to indicate that this matter, on which it has been commenting for many years, has been settled. It asks the Government to communicate information on progress made in its next report.

2. The Committee recalls the information provided by the Government in its report in 1994 concerning complaints of human rights violations submitted under Decrees Nos. A-18/1985 and A-18A/1986. Please include in future reports any further information gathered by that means which has a bearing on the application of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes that the National Institute for Human Rights is competent to hear complaints of human rights violations (Decrees Nos. A-18/1985 and A-18A/1986). The Committee also notes from the Government's report that 1,100 persons made use of the facilities of the Institute during the period ending in June 1991.

The Committee asks the Government to provide information on the complaints of human rights violations submitted to the Institute and in particular to supply any periodical or annual reports on the Institute's activities and the complaints dealt with.

Article 1(a) of the Convention. 2. In its previous comments, the Committee noted that section 1 of Decree No. B-10 of 29 June 1983 prohibiting the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications, prohibits publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security. Under section 1(2), the Council of Ministers is to define the scope of the prohibition established in section 1(1); section 2 of the Decree provides for penalties of imprisonment or fines.

The Committee asks the Government to indicate whether the above Decree is still in force and, if so, to provide the text of any decisions taken by the Council of Ministers under section 1(2).

3. The Committee also referred to the National Decree of 20 July 1956 which submits both meetings open to the public and other meetings in the district of Paramaribo to prior authorization under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly) and which, under sections 8 and 9 of the 1933 Decree, provides for penalties involving compulsory labour. The Government stated previously that the above Decree is outdated and no longer applied in practice.

In its last report, the Government indicates that the matter has been brought to the attention of the Ministry of Justice.

The Committee hopes that the Government will shortly be able to report that the necessary measures have been adopted to bring the legislation into conformity with the Convention and the practice described.

Article 1(c) and (d). 4. In its previous comments, the Committee noted the Government's statement that a draft decree prepared by the Minister of Justice to repeal sections 456 to 458, 462, 463 and 468, and to amend sections 455 and 464 of the Penal Code applying to seafarers would be submitted to the competent authority. The Committee noted the Government's indications that the draft decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly or published. In its most recent report, the Government indicates that this matter has been brought to the attention of the Ministry of Justice.

The Committee hopes that the Government will shortly be able to indicate that this matter, on which it has been commenting for many years, has at last been settled.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(a) of the Convention. 1. In its previous comments, the Committee noted that under section 1, paragraph 1, of Decree B-10 of 29 June 1983 respecting the prohibition of importation, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications, publications are prohibited which, in the opinion of the competent authorities, may seriously disturb the public order and national security. Under section 1, paragraph 2 of the Decree, the Council of Ministers is to define the scope of the publications mentioned in paragraph 1, and section 2 provides for the punishment of imprisonment or fine.

In its most recent report covering the period July 1987 to 30 June 1989, the Government indicates that court decisions under this legislation were not given and that the matter will be brought to the attention of the Ministry of Justice. The Committee asks the Government to provide with its next report information on developments in this area, including court decisions and decisions adopted by the Council of Ministers under section 1, paragraph 2, of the Decree, as well as any steps taken to ensure observance of the Convention.

2. In its previous comments, the Committee referred to the National Decree of 20 July 1956 which submits both meetings open to the public and other meetings in the district of Paramaribo to prior authorisation under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly) and which, under sections 8 and 9 of the 1933 Decree, is enforceable with penalties involving compulsory labour. The Government has stated that the Decree is outdated and not applied in practice. The Committee once again notes the Government's indication repeated in its most recent report that this matter will be brought to the attention of the Ministry of Justice. As this question has now been the subject of the Committee's comments for a number of years, the Committee trusts that the necessary steps will soon be taken to bring the law into conformity with the practice and the Convention. Pending the adoption of such measures, the Committee asks the Government to continue supplying information on the practical application of the above-mentioned provisions.

Article 1(c) and (d). 3. In previous comments, the Committee noted the Government's statement that a draft decree prepared by the Minister of Justice to repeal sections 456-458, 462, 463 and 468, and to amend sections 455 and 464 of the Penal Code concerning penal provisions applying to seamen would be presented to the competent authority. The Committee noted the Government's indication that the said draft decree had been approved by the Council of Ministers but that approval by the National Assembly and its publication had not yet taken place. In its most recent report, the Government indicates that the question has not been settled yet. The Committee hopes that the Government will soon be able to indicate that this question, which has been the subject of comments for many years, has finally been settled.

4. In its previous direct request, the Committee asked the Government to supply information on the practical work of the National Institute for Human Rights established by the General Decree A-18 (S.B. 1985 No. 1). The Committee notes the Government's indication in its report that the information sought from the Institute in response to the Committee's request has not yet been received but that it will be communicated as soon as possible. The Committee looks forward to receiving the information with the Government's next report.

5. The Committee notes the information in the Government's report that on 1 September 1989 (S.B. 1989 No. 55) the General Decree A-22 of 1 December 1986 on the proclamation of state of emergency with respect to a part of the Republic was abolished. The Committee requests the Government to supply a copy of the law abolishing the state of emergency with its next report.