Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Suriname (Ratification: 1976)

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation), 42 (workers’ compensation (occupational diseases)) and 118 (equality of treatment) together.

The Committee notes the information provided by the Government according to which the ratification process of the Social Security (Minimum Standards) Convention, 1952 (No. 102) has been submitted to the National Assembly for approval.

Article 7 of Convention No. 17. Additional help of a third person. The Committee had previously been pointing to the fact that no measures have been taken to include provisions on additional compensation, in cases where an accident incapacitates a worker in a way that he or she needs the constant help of another person, in line with Article 7 of Convention. The Committee takes note of the information provided by the Government that the draft Industrial Accidents Act will address the issue related to additional compensation as established by Article 7 of the Convention. The Committee firmly hopes that the draft legislation related to compensation due to employment injury will be adopted without delay, ensuring the provision of additional compensation to injured workers who need the help of a third person because of the degree or nature of their disability.

Article 2 of Convention No. 42. List of occupational diseases. The Committee notes that a draft Industrial Accidents Act has been approved by the Council of Ministers and the State Council and submitted to the social partners for final comments. Moreover, the Committee notes that the new draft of the Occupational Safety and Health Act has been submitted to the National Assembly for approval, which includes a new list of occupational diseases according to the most up-to-date ILO standards in this regard. The Committee firmly hopes that the draft Industrial Accidents Act and the draftOccupational Safety and Health Act will be adopted in the near future and will be in compliance with the ratified international labour standards concerning employment injury protection at the time of its adoption.The Committee requests the Government to provide information on the progress made in this regard and to provide a copy of both Acts once adopted.

Article 2 of Convention No. 42. Implementing regulations. The Committee recalls that in its previous comments, it requested the Government to provide information regarding regulations as to the burden of proof of origin of occupational diseases, particularly concerning poisoning by mercury or lead. The Committee therefore requests the Government to provide information on regulations relating to the burden of proof of the origin of occupational diseases, especially with regard to mercury or lead poisoning.

Articles 4, 5 and 7 of Convention No. 118. Equality of treatment of workers living abroad. The Committee had previously recalled the need to amend section 6(8) of the Industrial Accidents Act, which, contrary to the Convention, restricts payment of employment injury pensions to beneficiaries residing abroad. The Committee notes with regret the information that no specific provisions have been included in the draft Industrial Accidents Act to ensure compliance with Articles 4, 5, and 7 of the Convention and that issues related to the payments of employment injury benefits abroad will be implemented in the upcoming amendments of the draft legislation. The Committee once again wishes to recall that Articles 4 and 5 of the Convention guarantee the payment abroad of employment injury benefits to nationals and foreign workers, and that financial arrangements in this regard may be provided, according to Article 7(1) of the Convention, through bilateral or multilateral agreements concluded by countries which also accepted the obligations of the Convention as to the same branch. The Committee urges the Government to ensure that the amendment process to the Industrial Accidents Act will guarantee the payment of long-term employment injury benefits to injured workers and their dependants who live abroad in compliance with Articles 4, 5 and 7 of the Convention. In addition, the Committee requests the Government to indicate if bilateral or multilateral agreements have been concluded with other Member States which accepted the obligations of the Convention in relation to employment injury benefits.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 4, 5 and 7 of the Convention. Equality of treatment of workers living abroad. Referring to its long-standing comments regarding the need to amend section 6(8) of the Industrial Accidents Act (IAA), which, contrary to the Convention, restricts payment of employment injury pensions to beneficiaries residing abroad, the Committee notes the Government’s indication that a Committee charged with reforming the legislation on occupational safety and health (OSH) will also attempt amending the IAA in order to bring it into conformity with the Convention. As regards in particular the payment of certain benefits in case of residence abroad guaranteed by Article 5 of the Convention, the Government indicates that it is currently reviewing the practical implementation of this provision as making the benefits payable abroad is rendered difficult by the high cost of monthly bank transfers.

The Committee wishes to point out in this respect that Articles 4 and 5 of the Convention guarantee the payment of, inter alia, employment injury benefits to nationals and foreign workers from countries which also accepted the obligations of the Convention as regards employment injury benefits who reside abroad. The Committee further observes that, for the purpose of giving effect to the obligations derived from the Convention, Article 7(1) thereof requires the Members’ party to the Convention to endeavour to participate in schemes for the maintenance of the acquired rights and rights in course of acquisition. Such agreements may also stipulate the financial arrangements for the payment of benefits to beneficiaries residing on the territory of each of the contracting parties. The Committee therefore requests the Government to indicate whether provisions on the payment of employment injury benefits to workers protected under the Convention and living abroad have been included in the draft prepared by the new OSH commission. The Committee firmly hopes that the ongoing review process will, in the near future, lead to a change of the national legislation and practice concerning the payment of benefits to workers living abroad including by way of concluding agreements with countries in its region, who equally ratified the Convention and accepted its Part (g), such as Brazil, Ecuador, Mexico, Uruguay or the Bolivarian Republic of Venezuela, to facilitate the payment of benefits to these countries, including through the conclusion of bilateral agreements as the case may be.

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

Articles 4 and 5 of the Convention. Payment of benefits abroad. The Committee notes from the report that, while the Government has not been able to amend section 6(8) of the Industrial Accidents Act (No. 145 of 1947) which restricts payment of employment injury pensions to beneficiaries resident abroad, the Ministry of Labour, Technological Development and Environment is committed to continuing the efforts to amend this Act in order to bring it into conformity with the Convention. The Government further indicates that it will have to review the practical implementation of Article 5 of the Convention, as making benefits payable abroad causes difficulties in practice. The Committee expects that the Government’s next report will indicate real progress achieved in this respect.

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

Articles 4 and 5 of the Convention. Payment of benefits abroad. The Committee notes the information provided by the Government, in its report received in September 2011, including the detailed statistical information regarding the nationality, number and occupations of the foreign workers employed in Suriname. The Committee notes with regret that, notwithstanding the repeated observations since the ratification of the Convention by Suriname, the Government has not been able to amend section 6(8) of the Industrial Accidents Act (Decree No. 145 of 1947) which restricts payment of employment injury pensions to beneficiaries resident abroad. The Committee further notes the renewed promises of the Government stating that the Ministry of Labour, Technological Development and Environment will implement the amendments suggested by the Committee in the context of the revision process of the Industrial Accidents Act and report progress in its next report. The Committee trusts that this indeed will be the case this time and that the Government will fulfil its obligations under the Convention in good faith.

[The Government is asked to reply in detail to the present comments in 2013.]

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

In reply to the Committee’s previous observation, the Government states that no changes have occurred in legislation and practice affecting the application of the Convention and that some of its principles are still not fully applied due, in particular, to the absence of a national social security scheme. The Ministry of Labour took the initiative once again to present to the relevant stockholders the importance of an institutionalized national social security scheme and hopes that there will be progress on this matter in the coming years. The comments of the Committee will be taken into consideration during the revision of the labour legislation of Suriname, including the Industrial Accidents Act.

The Committee recalls that benefits under branch (g) (employment injury), for which Suriname has accepted the obligations of this Convention, are not provided abroad and only granted to nationals and non-nationals subject to the condition of residence in Suriname contrary to Articles 4 and 5 of the Convention. The Committee, therefore, once again hopes that, in revising the national labour legislation, the Government would also take care to amend section 6(8) of Decree No. 145 of 1947, so as to give full effect to the abovementioned provisions of the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

In the comments that it has been making for 30 years concerning branch (g) – employment injury benefit, for which Suriname has accepted the obligations of this Convention, the Committee has noted that the benefits granted to nationals and non-nationals were subjected to the condition of residence, contrary to Article 4 of the Convention, that there was no payment of benefits abroad, contrary to Article 5, and none of the social security benefits were applicable to refugees and stateless persons, contrary to Article 10. The Government states that in the five-year period covered by its report no changes have occurred in legislation and practice affecting the application of the Convention and that some of its principles are still not fully applied due, in particular, as was previously pointed out by the Government, to the absence of a national social security scheme. It adds, however, that a total revision of the labour legislation of Suriname is in the final stage and that the Ministry of Labour together with the Ministry of Planning are now elaborating the terms of reference and seeking financial aid to finalize the revision, which would bring the legislation more in line with the provisions of the Convention.

The Committee notes in this respect that, during the 1990s, the Government had already received technical assistance in the social security field provided by the ILO and UNDP with a view to revising the labour legislation and instituting a national social security scheme, but that the introduction of the scheme was later set on hold due to other problems in the social sector, which were considered more urgent by the Government. The Committee notes that the present report prepared by the Ministry of Labour makes no mention of the question concerning the establishment of the national social security scheme, which enters into the competence of the Ministry of Social Affairs, and the cooperation between the two ministries necessary to modify and develop social security legislation. As the absence of a national social security scheme was consistently considered by the Government to be the principal reason preventing the full application of the Convention, it is asked to clarify its current position on this subject. In the meanwhile, the Committee would like the Government to make sure that the terms of reference for the total revision of the labour legislation to be finalized by the Ministries of Labour and of Planning do not fail to include the revision of the social security legislation in question and, in particular, section 6(8) of Decree No. 145 of 1947, so as to give full effect to the above provisions of the Convention. Finally, the Committee once again wishes to draw the Government’s attention to the possibility of having further recourse to the technical assistance of the ILO in this area, if need be.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

In its previous comments concerning branch (g)- employment injury benefit, for which Suriname has accepted the obligations of this Convention, the Committee noted that the benefits granted to nationals and non-nationals were subjected to the condition of residence, contrary to Article 4 of the Convention, there was no payment of benefits abroad, contrary to Article 5, and none of the social security benefits was applicable to refugees and stateless persons, contrary to Article 10. The Government states in its report that it is conscious of the fact that no progress has been made in the application of these provisions of the Convention and that the national social security scheme does not exist at present. It explains that questions concerning the establishment of the national social security scheme enter into the competence of the Ministry of Social Affairs, while the Ministry of Labour is required to cooperate to achieve progress. The report further states that the Ministry of Labour will take the necessary steps within its competence to bring the legislation into conformity with the Convention. The introduction of the national social security scheme has been temporarily suspended due to other problems in the social sector, which are considered more urgent by the Government.

While noting this information, the Committee hopes that the Ministry of Labour and the Ministry of Social Affairs will be able to cooperate closely in order to achieve rapid progress on these issues. It recalls that they were the subject of technical assistance in the social security field provided to Suriname during the 1990s by the ILO and UNDP with a view to instituting a national social security scheme and revising the labour legislation. The Committee expresses the hope that, as promised by the Government in its report, appropriate changes in the legislation will be adopted in the near future, so as to give full effect to the abovementioned provisions of the Convention. As regards the institution of the national social security scheme, the Committee wishes to draw the Government’s attention to the high priority given to the objective of the extension of social security coverage to unprotected people in the conclusions concerning social security adopted by the 89th Session of the International Labour Conference in June 2001, and reminds the Government of the possibility to have further recourse to the technical assistance of the ILO in this area, if need be.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous observations which it has been making for many years, the Committee notes the Government’s statement from its latest report that some of the principles set out in the Convention are not fully applied, which is due to the absence of a national social security scheme. Concerning, in particular, branch (g) (employment injury benefit), in respect of which the obligations of this Convention have been accepted, the Committee notes that, according to the report, all the benefits which are granted to nationals and non-nationals are subjected to the condition of residence, contrary to Article 4 of the Convention; there is no payment of benefits abroad and no bilateral or multilateral agreements exist to give effect to Article 5 of the Convention; and none of the social security benefits are applicable to refugees and stateless persons, contrary to Article 10 of the Convention. The Government states, however, that the possibility to bring the legislation in full conformity with the Convention is being considered.

The Committee recalls that since the ratification of this Convention by Suriname in 1976, it has been drawing the Government’s attention to the fact that there is no provision in the legislation guaranteeing the payment of the employment injury pension abroad, particularly after the expiry of the three-year period during which, under section 6(8) of Decree No. 145 of 1947, as amended, the pension could be converted into a lump sum if the beneficiary transfers his residence abroad. It further recalls that these issues were the subject of the technical assistance projects in the social security field provided for Suriname during the 1990s by the ILO and UNDP with a view to instituting a national social security scheme and revising the labour legislation. In this situation and taking into account that, notwithstanding the repeated promises of the Government and the technical assistance supplied to it, no progress has been made in the application of the Convention, the Committee once again strongly urges the Government to take all necessary measures in the very near future to bring its national law and practice into full conformity with the abovementioned provisions of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 5, branch (g) (employment injury benefit), of the Convention. In reply to the Committee's previous comments that it has been making for a number of years concerning the need to repeal section 6(8) of Decree No. 145 of 1947, as amended, the Government states that this section does not restrict payment of pensions abroad but gives the opportunity to the beneficiaries to convert the periodical payments into a lump sum if they can prove to the head of the Labour Inspection that in a certain time they will leave the country. The Committee recalls in this respect that the said section 6(8) provides not for the payment of the pension abroad, but only for the possibility for a beneficiary to request the conversion of his employment injury pension into a lump sum if he transfers his residence abroad before the expiry of the three-year period from the date of the accident, during which the degree of disability is still subject to review by the competent Suriname authority, and that there is no provision in the legislation whereby the payment of the pension abroad is guaranteed to the beneficiary or his dependants after the expiry of this period. In this situation and taking into account that, under Article 5 of the Convention, employment injury pensions must be paid without restrictions where the beneficiary, whether a national of Suriname or of any State that has accepted the obligations of the Convention in respect of this branch, transfers his residence outside the territory of Suriname, the Committee would once again urge the Government to take all necessary measures in the very near future to bring its national law and practice into full conformity with this important provision of the Convention.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 (branch (g)) (employment injury benefit) of the Convention. The Committee notes the information contained in the Government's report concerning the ILO mission on social security, the results of which will be discussed at a seminar planned for the end of this year. In previous comments, the Committee had drawn the Government's attention to the need to repeal section 6(8) of Decree No. 145 of 1947, as amended, which restricts payment of employment injury pensions to beneficiaries resident abroad. The Committee expresses its hope once again that the Government will take all necessary measures in the very near future to ensure in law and in practice the payment of employment injury benefits abroad, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of branch (g), in conformity with Article 5.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 (branch (g)) (employment injury benefit) of the Convention. The Committee notes the information contained in the Government's report concerning the ILO mission on social security, the results of which will be discussed at a seminar planned for the end of this year. In previous comments, the Committee had drawn the Government's attention to the need to repeal section 6(8) of Decree No. 145 of 1947, as amended, which restricts payment of employment injury pensions to beneficiaries resident abroad. The Committee expresses its hope once again that the Government will take all necessary measures in the very near future to ensure in law and in practice the payment of employment injury benefits abroad, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of branch (g), in conformity with Article 5.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 5 of the Convention (branch (g): employment injury benefit). The Committee recalls that section 6, subsection 8, of the Accidents Regulations (Decree No. 745 of 1947) as amended by Decree E-38 of 20 January 1983 is not in conformity with the Convention in so far as it provides only for the possibility for a beneficiary to request the conversion of his employment injury pension into a lump sum if he transfers his residence to abroad before the expiry of a three-year period from the date of the accident. In addition, there does not seem to be any provision in the legislation whereby the payment of employment injury pension abroad is guaranteed to injured persons after the expiry of the above-mentioned three-year period provided for by the Accident Regulations or to the dependants of injured persons where they are resident abroad. In fact, under this provision of the Convention, employment injury pensions must be paid without restrictions where the beneficiary, whether a national of Suriname or of any State that has accepted the obligations of the Convention in respect of this branch, has or transfers his residence outside the territory of Suriname.

In its reply, the Government states that the report on the establishment of the national social security scheme is still under study by the interdepartmental committee. The Ministry is also studying a project to revise the labour legislation with the technical assistance of the ILO. In this context, the Government has asked the ILO for assistance with the social programme of structural adjustment, which will allow it to bring the national legislation into conformity with the ratified Conventions, and an ILO mission in the social security field is expected to take place in the near future.

The Committee notes this information. It cannot but once again express the hope that, in revising the national legislation, with the assistance of the ILO, if necessary, the Government will not fail to take appropriate measures to expressly remove all restrictions on payment abroad of employment injury pensions by repealing section 6, subsection 8, of Decree No. 145 of 1947 and to establish a machinery ensuring in law and in practice the payment of these benefits in the event of residence abroad, both to injured workmen and their dependants in conformity with this Article of the Convention. The Committee asks the Government to indicate any progress made in this respect as well as in connection with the establishment of a national social security scheme.

[The Government is asked to report in detail for the period ending 30 June 1995.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 5 of the Convention (branch g: employment injury benefit). In the previous comments that it has been making for a number of years the Committee drew the Government's attention to the fact that section 6, subsection 8, of the Accidents Regulations (Decree No. 145 of 1947) as amended by Decree E-38 of 20 January 1983 is not in conformity with the Convention in so far as it provides only for the possibility for a beneficiary to request the conversion of his employment injury pension into a lump sum if he transfers his residence abroad before the expiry of a three-year period from the date of the accident. In fact under this provision of the Convention employment injury pensions must continue to be paid without restriction where the beneficiary, whether a national of Suriname or of any State that has accepted the obligations of the Convention in respect of this branch, transfers his residence outside the territory.

In its previous reports the Government had indicated that a draft Decree amending the Accidents Regulations was prepared taking into account the observations of the Committee. It had also referred to an ILO/UNDP project on the introduction of a social security scheme under which a draft Social Security Act was elaborated; section 25(1)(g) of this draft specifies that "regulations may provide for the treatment of benefit entitlement for persons no longer ordinarily resident in Suriname". In its last report, however, the Government states only that an interdepartmental committee is advising the Ministry of Social Affairs on the draft social security system.

The Committee notes this information. It believes that, pending the introduction of the social security system, the Government should have no difficulty in giving full effect to this provision of the Convention by expressly removing all restrictions on payment abroad of periodical benefits payable in cases of permanent disability, even if the degree of incapacity is still subject to review (but without prejudice to any measures that might be taken, in particular within the framework of arrangements and agreements contemplated by Articles 9 and 11 of the Convention in order to avoid cumulation of benefits and provide for checking of the condition of injured persons resident abroad).

Consequently the Committee again expresses the hope that the necessary measures will be adopted soon in order to repeal section 6, subsection 8, of Decree No. 145 of 1947. It also hopes that machinery will be provided to ensure in law and in practice the payment of employment injury pension in the event of residence abroad, and that the Government will indicate any progress made in this respect and with regard to the adoption of the draft Social Security Act.

In addition, the Committee once again requests the Government to specify the laws, regulations or other provisions whereby the payment of employment injury pensions abroad is guaranteed to injured persons after the above-mentioned three-year period provided for by the Accident Regulations has expired as well as to the dependants of injured persons where they are resident abroad.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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

Articles 4 and 5 of the Convention - branch (g) (employment injury benefit). In its previous comments the Committee drew the Government's attention to the fact that section 6, subsection 8, of the Accidents Regulations (Decree No. 145 of 1947) as amended by Decree E-38 of 20 January 1983 is not entirely in conformity with the Convention in so far as it provides only for the possibility for a beneficiary to request the conversion of his employment injury pension into a lump sum if he transfers his residence abroad before the expiry of a three-year period from the date of the accident. In fact under the Convention employment injury pensions must continue to be paid without restriction where the beneficiary, whether a national of Suriname or of any State that has accepted the obligations of the Convention in respect of this branch, transfers his residence outside the territory.

In its report the Government indicates, concerning the discussions it was going to have with the insurance companies, that these talks have not yet led to a solution. It also indicates that an ILO/UNDP project on the introduction of a social security scheme is under discussion. In conformity with the observations of the Committee of Experts, a Decree amending the Accidents Regulations has been drafted and shortly this draft Decree will be presented by the Minister of Labour to the tripartite labour advisory board for advice. Lastly, the Government adds that although it is not explicitly so stated in the Accidents Regulations, section 6 and section 10, para. 6, of the Act mean that the insurance companies are legally obliged to guarantee the payment of periodical benefits abroad and the Act is implemented in this manner. As already stated in the previous reports, in situations of transfer of residence outside the country, requests for conversion into a lump sum have, even prior to the coming into force of Decree E-38, been granted by the Accidents Committee, in accordance with section 18, para. 2 of the Act, before the end of the three years' term.

The Committee notes this information with interest. It therefore considers that the Government should have no difficulty in giving full effect to these provisions of the Convention by expressly removing all restrictions on payment abroad of periodical benefits payable in cases of permanent disability, even if the degree of incapacity is still subject to review (but without prejudice to any measures that might be taken, in particular within the framework of arrangements and agreements contemplated by Articles 9 and 11 of the Convention in order to avoid cumulation of benefits and provide for checking of the condition of injured persons resident abroad).

The Committee consequently expresses again the hope that the above-mentioned draft Decree amending the Accidents Regulations will soon be adopted, and that section 6, subsection 8, of Decree No. 145 of 1947 will be repealed. It also hopes that machinery will be provided for the payment of benefits in the event of residence abroad. With respect to the above, the Committee requests the Government to supply any indication in regard to the adoption of the draft Social Security Act elaborated in the context of the ILO/UNDP project, which states in section 25(1)(g) that "regulations may provide for the treatment of benefit entitlement for persons no longer ordinarily resident in Suriname".

In addition, the Committee again requests the Government to specify the laws, regulations or other provisions whereby the payment of employment injury pensions abroad is guaranteed to injured persons once the above-mentioned three-year period has expired as well as to the dependants of injured persons where they are resident abroad.