Suriname - Country baselines under the ILO Declaration Annual Review (2000-2008): Elimination of discrimination in respect of employment and occupation (DISC)

COUNTRY BASELINE UNDER THE ILO DECLARATION ANNUAL REVIEW (2000-2008)1: SURINAME

REPORTING

Fulfillment of Government’s reporting obligations

YES, except for the 2002 Annual Review (AR).

Involvement of Employers’ and Workers organizations in the reporting process

YES, according to the Government: In preparing the reports, consultations were held with the most representative employers’ and workers’ organizations.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

NIL

Workers’ organizations

2008 AR: Observations of the Confederation of Civil Servants (CLO).

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Suriname has ratified neither the Equal Remuneration Convention, 1951 (No. 100) (C.100) nor the Discrimination (Employment and Occupation) Convention, 1958 (No.111) (C.111).

Ratification intention

YES, since 2002 for C.100 and C.111.

2008 AR: The Government indicated that once the labour law review on job classification and minimum wage is completed, the Council of Ministers would review the previous memos regarding the ratification of C. 100 and C. 111.

The CLO expressed its support to the ratification of C.100.

2003 AR: According to the Government: Ratification of C.100 and C.111 were being envisaged.

2001 AR: Based on information in GB.282/LILS/7 and GB.282/8/2 (Nov. 2001): The Government intended to ratify C.100 and C.111.

Recognition of the principle and right (prospect(s), means of action, basic provisions)

Constitution

YES

Under article 8, paragraph 2 of the 1987 Constitution of Suriname, discrimination on grounds of birth, sex, race, language, religion, education, political beliefs, economic position or any other status is prohibited. The Constitution (article 27, Paragraph 1(c)) also provides for the right to work maximally by guaranteeing equal opportunity in the choice of profession and type of work and forbidding that access to any function or profession be prevented on grounds sex. Moreover, article 28 of the Constitution guarantees to all employees, irrespective of age, sex, race, nationality, religion or political opinion, the right to:

- Remuneration for their work corresponding to quantity, type, quality and experience on the basis of equal pay for equal work;

- The performance of their task under humane conditions;

- Safe and healthy working conditions; and

- Sufficient rest and recreation.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Recognition of the principle and right (prospect(s), means of action, basic provisions)

Policy, legislation and/or regulations

YES

The PR is recognized, but not defined in legislation. However, clauses in collective bargaining agreements provide for non-discrimination.

Policy: 2003 AR: There is a national policy concerning the elimination of discrimination in respect of employment and occupation, which aimed at ensuring equality of life for everyone, through a continuing reform of the current legal system.

Legislation: Article 12, paragraph 1 of the General Decree A-11 (S.B. 1982, No. 53) provides for equal remuneration of workers, regardless of race.

Regulations: the General Decree A-11 of 1982.

Basic legal provisions

(i) The Constitution, 1987 (articles, 8, 27 and 28); (ii) the Labour Law; and (iii) the General Decree A-11 of 1982.

Grounds of discrimination

2003 AR: According to the Government: Discrimination in respect of employment and occupation is prohibited on grounds of race/colour, sex, religion, political opinion, national extraction and social origin.

Judicial decisions

NO

According to the Government: The principle and right (PR) is recognized, but not defined in judicial decisions.

Exercise of the principle and right

Special attention to particular situations

NIL

Information/Data collection and dissemination

2003-2005 ARs: According to the Government: There is no information and data on the PR. However, any ILO assistance in this respect would be appreciated.

Monitoring, enforcement and sanctions mechanisms

2008 AR: According to the Government: Labour inspections are being undertaken and complaint procedures have also been made available. Moreover, a minimum wage system will be set up shortly with the aim to eradicate poverty and achieve equality of treatment between men and women.

2003-2005 ARs: According to the Government: The PR is implemented through the Gender Bureau of the Ministry of Internal Affairs’ activities. The Bureau is used as machinery to combat discrimination against women and perform monitoring and consultative tasks. The following committees also have a role to play: (i) Committee on the Elimination of Discrimination Against Women which deals with the rights of women workers; (ii) the Foundation «Stop Violence Against Women» and other women’s organizations and (iii) the Organization for Haitians, which focuses on migrant workers.

Involvement of the social partners

2004 AR: According to the Government: Employers’ and workers’ organizations have been involved in the development and implementation of governmental measures in relation to the elimination of discrimination in employment and occupation. In this respect, the representatives of the employers’ and workers’ organizations had the possibility of making suggestions within the Labour Advisory Board. In its policy-making, the Government kept these suggestions in mind and applied them, where necessary.

Furthermore, activities sponsored by the social partners have been organized by women’s employers and workers’ organizations, and workers education activities have been conducted at the Suriname Labour College.

Promotional activities

2008 AR: The Government indicated that a seminar would be organized in August 2007 in collaboration with the ILO Caribbean Office in Trinidad in order to assist Suriname in the elaboration of the Minimum Wage System.

The CLO indicated that it had organized several workshops in order to train the workers in the agricultural sector.

Institutions to promote equality:

According to the Government: (i) The Gender Bureau of the Ministry of Home Affairs; (ii) the Commission on Gender Regulations (established in 2000) with the main objective of screening of the labour legislation on issues that concern discriminatory conditions against women and (iii) the Labour Advisory Board

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Other activities:

2004 AR: According to the Government: A Commission on Gender Regulations had been established with the main objective of screening of labour legislation on issues that concern discriminatory conditions against women.

2000 AR: According to the Government: The policy of the Government was aimed at guaranteeing equal quality of life for everyone, especially women. In addition, information was disseminated to the public through the Labour Inspection arm of the Ministry of Labour, the Government introduced literacy programmes, and there has been continuing reform of the educational system to reduce and remove social inequality. Measures taken to promote respect for this PR include vocational training and the provision of public information by the Ministry of Labour.

Special initiatives/Progress

2006 AR: The Government of Suriname reported that it was considering the possibility of setting up a system of minimum wages in collaboration with the social partners.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

NIL

Workers’ organizations

NIL

According to the Government

2008 AR: According to the Government: Women are still not sufficiently aware about the issue of discrimination in respect of employment and remuneration. Comprehensive policies should therefore be elaborated in this respect.

2003-2005 ARs: According to the Government: The main difficulties encountered in relation to this PR are as follows: ((1) social and economic circumstances (bureaucracy, small budget of the Ministry of Labour, Technological Development and Environment); (2) lack of information and data (there is insufficient data on women workers in rural areas and in the informal sector regarding wages and unemployment); (3) legal provisions (modernization of the labour laws) and (4) lack of social dialogue on this principle (within the Labour Advisory Board, the Government and social partners have not yet fully discussed this issue).

TECHNICAL COOPERATION

Request

2008 AR: The Government requested ILO technical assistance for a country assessment on the Declaration Follow-up and in providing training for women in the workplace.

The CLO stated that ILO support was needed for awareness-raising campaigns and examples of best practices.

2003-2005 ARs: According to the Government, ILO technical cooperation was needed to facilitate the realization of the principle of non-discrimination, in the following order of priority: (1) developing policies regarding equal remuneration; (2) developing labour market policies that promote equality of opportunity and (3) assessment in collaboration with the ILO regarding the difficulties identified and their implications for realizing the PR.

Offer

NIL

EXPERT-ADVISERS’ OBSERVATIONS/

RECOMMENDATIONS

2008 AR: The ILO Declaration Expert-Advisers (IDEAs) noted the intentions expressed by most governments, including the Government of Suriname, to ratify or consider ratification of Conventions Nos.100 and/or 111. They encouraged the governments to accelerate this process so as to make an important step forward towards universal ratification. Given that many countries have requested ILO technical cooperation in the ratification process (on the content of Conventions Nos. 100 and 111, labour law review, ratification process, etc.), the IDEAs requested the Office to strengthen its assistance in this regard (Cf. Paragraphs 66 and 67 of the 2008 Annual Review Introduction – ILO: GB.301/3).

GOVERNING BODY OBSERVATIONS/

RECOMMENDATIONS

NIL

1 Country baselines under the ILO Declaration Annual Review are based on the following elements to the extent they are available: information provided by the Government under the Declaration Annual Review, observations by employers’ and workers’ organizations, case studies prepared under the auspices of the country and the ILO, and observations/recommendations by the ILO Declaration Expert-Advisers and by the ILO Governing Body. For any further information on the realization of this principle and right in a given country, in relation with a ratified Convention, please see: www.ilo.org/ilolex