Texts of pending comments

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the Government’s first report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee takes note of the indications by the Government, in its report, that: (1) pursuant to Article 28 (a) of the Constitution of Suriname, all employees, regardless of their age, gender, race, nationality, religion or political affiliation, are entitled to remuneration for their work according to quantity, quantity, nature, quality and experience based on the principle of equal pay for equal work; (2) the principle of the Convention is already included in the Private Employment Agency Act S.B. 2017 no. 42; and (3) the Government submitted for adoption to the Parliament the draft Equality of Treatment Act that provides for the principle of equal pay for work of equal value. The Committee stresses that the concept of “work of equal value” included in the Convention permits a broad scope of comparison, including but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature which is nevertheless of equal value. The Committee further notes that Article 28(a) of the Constitution of Suriname, by limiting equal remuneration to “equal work” does not give full expression to the concept of “work of equal value” and is thus narrower than the principle laid down in the Convention. The Committee requests the Government to ensure that the legislation gives full effect to the principle of the Convention. In this regard, it also requests the Government to provide information on whether: (i) Article 28(a) of the Constitution of Suriname could be amended to refer to the principle of “equal pay for work of equal value” as opposed to “equal pay for equal work”; and (ii) whether the Private Employment Agency Act S.B. 2017 no. 42 refers explicitly to the concept of “work of equal value”, as enshrined by the Convention. The Committee further requests the Government to report on any developments in relation to the examination and possible adoption of the draft Equality of Treatment Act. In this regard, it also invites the Government to include in its legislation a definition of the concept of “remuneration” for the purpose of the application of the principle of “equal remuneration for work of equal value”, that encompasses all the elements included in Article (1)(a) of the Convention.

Article 2. Measures to promote equal remuneration. Collective agreements and minimum wages. The Committee takes note of the information provided by the Government on the methods in place for determining remuneration in the country. In particular, the Committee notes that for the private sector, rates of remuneration are generally determined by individual contracts or in collective agreements establishing scales of remuneration, and that the eighty companies that have registered collective agreements apply the principle. The Government further indicates that the recently adopted Minimum Wage Act, no 101 of 2019 provides for the establishment of a Wage Council responsible for advising the Government on the setting of a general minimum wage or of sectoral minimum wages. The Government specifies however that the Wage Council is not yet operating. For the public sector, the Government indicates that workers are paid according to the remuneration scale established under the FISO (Function Information System for the Civil Service) that is gender neutral and based on the competencies of the civil servants. The Government specifies that the principle of the Convention is considered to be imbedded in the FISO system. The Committee stresses that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration, but that rates should be fixed based on objective criteria, free from gender bias, to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. The Committee therefore requests the Government to provide information on: (i) the existing collective bargaining agreements setting wages (such as information on the companies or sectors covered, and on whether the agreements refer explicitly to the principle of the Convention); (ii) the activities of the Wage Council (once operational) and whether and how it takes into account the application of the principle in advising the Government on a general or sectoral minimum wages; and (iii) whether the application of the principle of the Convention was taken into account in the establishment of the FISO system.

Article 3. Objective job evaluations. The Committee takes note of the indications in the report of the Government that: (1) wages are principally fixed by collective agreements for the private sector and follow the FISO salary scale for the public sector, and that both systems are based on objective appraisals of the jobs; and (2) there is no general method to promote the objective appraisal of jobs. The Committee stresses that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs and that a job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to each job. The application of the Convention requires an examination of the respective tasks involved in different jobs, undertaken on the basis of objective and non-discriminatory criteria, (such as skills, effort, responsibilities and working conditions) to avoid the assessment being tainted by gender bias. The Committee requests the Government to promote objective appraisal of jobs on the basis of the work to be performed to ensure that formal procedures are established to analyse the content of different jobs, and to give a numerical value to each job based on objective criteria (such as skills, effort, responsibilities and working conditions). It further requests the Government: (i) to provide information on the specific criteria used to evaluate the jobs and occupations and set wages by collective agreements, particularly in sectors with a high proportion of women ; and (ii) to provide detailed information on the criteria used to evaluate the jobs covered by the FISO and establish the corresponding salary scale; and (iii), if the draft Equality of Treatment Act is adopted, to indicate whether the new Act requires the conduct of objective job evaluations.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government statement that it consults with workers and employers on labour related issues. More specifically, the Government stresses that all social partners may include specific matters for discussion on the agenda of the Labour Advisory Board. In addition, the Government indicates that social partners will participate in the National Wage Council and that the draft Equality and Treatment Act provides for the establishment of a tripartite National Commission on Equality of Treatment. The Committee notes this information. The Committee requests the Government to indicate whether the application of the principle of the Convention is currently being addressed by the Labour Advisory Board and to report on the establishment of the National Wage Council and the tripartite National Commission on Equality of Treatment.

Statistics. The Committee notes the indication by the Government that studies and surveys on pay discrimination and the gender pay-gap are needed to determine how the principle is applied in practice. The Government further indicates that the adoption of the draft Workers Registration Act, currently under examination by the Council of Ministers, should facilitate the collection of data to detect inequalities and formulate new legal regulations. The Committee notes that the Gender Vision Policy 2021-2035 confirms that no statistical data are available on the pay gap between men and women and that the improvement of data and information gathering is one of the general strategies identified by the Government. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the remuneration gap between men and women, and that appropriate statistical data need to be collected to undertake an assessment of the nature and extent of the gender pay gap. The Committee requests the Government to collect statistical data disaggregated by sex on the remuneration of workers, classified by branch of economic activity and occupations. The Committee also refers to its general observation adopted in 1998 on the application of Convention for more details on the statistics to be collected to fully assess the application of the principle of the Convention and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s first report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1 of the Convention. Prohibition of discrimination and scope of application. Legislation. The Committee notes that article 8(2) of the Constitution prohibits discrimination on the grounds of birth, sex, race, language, religious origin, education, political beliefs, economic position or any other status. Article 27 of the Constitution also affirms that the State has the duty to guarantee the right to work by, among others, “forbidding the discharge without sufficient cause or for political or ideological reasons”, and “guaranteeing equal opportunity in the choice of profession and type of work and forbidding that access to any function or profession be prevented or limited on grounds of sex”. In addition, the Committee notes that article 28 of the Constitution sets forth that all employees have the right, irrespective of their age, sex, race, nationality, religion or political opinion, to equal remuneration for equal work, sufficient rest and recreation, safe and healthy working conditions and the performance of their tasks under humane conditions. Moreover, the Maternity Protection Act (S.B. 2019 no. 64), section 2(1), establishes that “an employer is not allowed to make a distinction between men and women with regard to conditions of entering, modifying and terminating an employment contract, also no distinction is allowed with regards to applying employment conditions and the regulation of working conditions, education and training of the employee”. Furthermore, the Government states, in the supplementary information it provided, that a draft Equality of Treatment Act was submitted to the National Assembly in 2019.

The Committee notes that the non-exhaustive list of prohibited grounds of discrimination contained in article 8 of the Constitution may cover all the grounds spelt out in Article 1(1)(a) of the Convention, although the ground of colour is not explicitly referred to and it is to be clarified whether, in practice, the grounds of social origin and national extraction enumerated under Article 1(1)(a) of the Convention are covered under the grounds of “birth, [...] economic position and any other status” that are incorporated in article 8 of the Constitution. At the same time, the Committee notes that article 28 of the Constitution only refers to a limited number of grounds, namely age, sex, race, nationality, religion or political opinions. It also notes that, at present in the national legislation, there is neither a definition of discrimination nor 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. However, the Committee notes that the draft Equality of Treatment Act prohibits both direct and indirect discrimination on all grounds listed under Article 1(1)(a) of the Convention and also includes the grounds of pregnancy, marital status, age and family responsibility.

Noting that the draft Equality of Treatment Act is currently under consideration, the Committee wishes to underscore that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur, including both direct and indirect manifestations affecting equality of opportunity and treatment and discrimination-based harassment as a serious form of discrimination (see the General Survey on the fundamental Conventions, 2012, paragraphs 743 et seq.). In this regard, the Committee also wishes to recall that the Convention applies to all aspects of employment and occupation, including access to vocational training, to employment and to a particular occupation, as well as terms and conditions of employment, as per Article 1(3) of the Convention, and extends to all workers, national and non-nationals, in all sectors of activity, in the formal and informal economy, and in the public and private sectors. The Committee furthermore wishes to highlight that the Convention provides for equal remuneration for “work of equal value”, which is broader than the notion of “equal pay for equal work” enshrined in article 28 of the Constitution, in that the Convention, while including equal remuneration for “equal”, “the same” or “similar” work, also aims at ensuring equality with respect to remuneration for works that may be of an entirely different nature, but are still of equal “value”.

In light of the above, the Committee invites 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 or 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 also asks the Government to:

(i) provide information on how articles 8, 27 and 28 of the Constitution 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;

(ii) indicate how it is ensured that the same protection is applied to all workers in all sectors of activity; and

(iii) provide information on the practical application of section 2(1) of the Maternity Protection Act (S.B. 2019 no. 64), including any violations detected by the labour inspectorate and any complaints filed with courts and other competent authorities.

Public sector. The Committee notes that, according to the 2018 concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), an amendment to the Civil Servants’ Act to repeal discriminatory provisions 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, has been under consideration for some time (CEDAW/C/SUR/CO/4-6, 14 March 2018, paragraph 36). The Committee 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). The Committee also urges the Government to repeal: (i) these two sex discriminatory provisions; and (ii) any other discriminatory provision in the Civil Servants’ Act and to provide information on any developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that, in its report, the Government states that a draft Violence in the Workplace and Sexual Harassment Act has been submitted to the National Assembly for approval. It also notes the Government’s indication that the Bureau of Gender Affairs, under the Ministry of Home Affairs, has emphasized the importance of adopting such a piece of legislation. The Committee recalls that the prohibition of sexual harassment under the Convention should cover both quid pro quo harassment and hostile work environment. The former comprises any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job. The hostile work environment consists of a conduct that creates an intimidating, hostile or humiliating working environment for the recipient. In addition, the Committee wishes to underscores that the scope of protection against sexual harassment should also cover vocational training, access to employment, and performing work in an occupation and should extend to co-workers and, when appropriate, clients or other persons met in connection with performance of work duties, in addition to employers and supervisors (see general observation adopted in 2002). The Committee asks the Government to ensure that the new draft legislation on violence and sexual harassment at the workplace will include a prohibition of sexual harassment reflecting all the aspects mentioned above and it expects that it will be adopted in the nearest future. The Committee requests the Government to provide information on any developments in this respect and to indicate how protection from sexual harassment is ensured in law and in practice pending the adoption of the above-mentioned legislation, including information on how such protection is ensured: (i) in respect of vocational training, access to employment, and performing work in an occupation; and (ii) in respect of harassment practised by co-workers and clients or other persons met in connection with performance of work duties as well as employers and supervisors.

Article 1(2). Inherent requirements of the job. he Committee notes that the Labour Exchange Act (S.B. 2017 no. 67), at section 3(2), specifies that “requirements regarding religion, nationality, social origin and membership of an association do not lead to any preferential treatment except in case of justifiable reasons”. In this connection, the Committee also notes that under article 27 of the Constitution, any dismissal for political or ideological reasons is prohibited. The Committee further notes that section 2(3) of the Maternity Protection Act lays down that distinctions based on sex in respect of conditions of entering, modifying and terminating an employment contract as well as working conditions, education and training of the employee, are allowed if “objectively justified by a legitimate purpose and the means for it to achieve that goal are appropriate and necessary”. Section 2(2) of the Maternity Protection Act also stipulates that distinctions between men and women are allowed in respect of recruitment and provision of education and training “if the distinction made is based on a characteristic associated with sex and that characteristic is based on the nature of specific professional activities or in the context in which these activities are executed is an essential and determining professional requirement”, on condition that the goal is legitimate and the requirement is proportional to the goal. The Committee notes the Government’s statement that some occupation in the civil service and some vocational trainings are available only to nationals. The Government also indicates that no disputes or difficulties concerning the application of the provisions of the Labour Exchange Act and the Maternity Protection Act mentioned above have arisen.

The Committee recalls that, under Article 1(2) of the Convention, distinctions exclusions or preferences in respect of a particular job are not deemed to be discriminatory if they are based on the inherent requirements of such job. These measures should correspond in a concrete and objective way to the inherent requirements of a specific and definable job, function or task. Criteria such as those enumerated in Article 1(1)(a) of the Convention may be taken into account as inherent requirements of certain posts involving special responsibilities. However, the inherent requirements of the particular job must be evaluated in the light of the actual bearing of the tasks performed. The systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is not admissible. In no circumstances should the same requirement involving one or more of the grounds of discrimination be applied to an entire sector of activity or occupation, especially in the public sector (see General Survey of 2012, paragraphs 828 et seq.). In light of the above, the Committee requests the Government to 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. Please also 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. The Committee notes the Government’s statement that it has not yet formulated a national equality policy and that the National Equality of Treatment Commission – which is to be established after the adoption of the Equality of Treatment Act – will be charged with developing it. The Government indicates that it has however developed draft legislation, as recalled above, to give expression to the principles of the Convention and that it adopted, in 2019, the Maternity Protection Act. The Government also informs that, according to the information available to the Labour Inspectorate, discriminatory practices at the workplace exist, particularly as regards discriminatory recruitment on the grounds of ethnic origin, sex and sexual orientation. The Government further indicates that overall, “most people have a fair chance in employment and occupation”, however a study on the matter is needed in order to have a more accurate picture of the current situation. Moreover, the Government points out to the fact that, according to employers’ organizations, even in the event that the draft legislation on equality of treatment should be adopted, minorities in the interior and remote areas of the country may not be able to enjoy equality in employment because of either the fewer job opportunities existing in the interior or the lack of qualification and training opportunities.

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. The policy should be clearly stated, which implies that programmes should be or have been set up, all discriminatory laws and administrative practices are repealed or modified, stereotyped behaviours and prejudicial attitudes are addressed and a climate of tolerance promoted, and monitoring is put in place (see General Survey of 2012, paragraphs 841 et seq.). The Committee also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising. It is essential that, in the implementation of the national policy, attention is given to at least all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention (see General Survey of 2012, paragraphs 848 et seq.). Trusting that a national equality policy will be adopted in the nearest future and will be developed in cooperation with the social partners and other interested groups, the Committee: (i) encourages the Government to undertake a study assessing the present situation concerning equality of opportunity and treatment in employment and occupation of 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 between men and women. The Committee notes from the Government’s report on the national review of the implementation of the Beijing Declaration and Platform for Action (Beijing+25 report) that it considers the development of the Gender Vision Policy Document 2021–2035 and 2019–2020 Gender Plan of Action as a major achievement. The Gender Vision Policy Document acknowledges that: (1) occupational segregation on the job market is increasing, with women concentrated in low-paid jobs in the informal sector and under-represented in management positions and in non-traditional jobs (page 12); (2) despite having better school results compared to boys, girls still make up the majority of the category “unemployed out-of-school youth” (page 13); and (3) due to persistent structural gender inequality on the job market, young women have less access to jobs, even if they are better educated than men (page 13). The Committee notes with interest that the Gender Vision Policy Document considers that “targeted measures are required to tackle segregation in the workplace, promote access of women to formal jobs, among other things in management and decision-making positions, by guaranteeing paid maternity leave and childcare and providing sufficient and adequate services” (page 13). The Committee also notes that the National Development Plan 2017–2021 includes gender equality as a cross-cutting goal and envisages, among others, actions in the following areas: (1) equal access to education and training for boys, girls, men and women, and equal access to the labour market and the different professions; (2) equal incomes, and equal working conditions for women and men; (3) protection against domestic and sexual violence and harassment; (4) equal participation of the sexes in decision-making bodies and positions; and (5) promotion of laws, regulations and policy that promote gender equality and awareness. The Committee notes that the implementation of these actions falls within the responsibility of the Bureau of Gender Affairs, under the Ministry of Home Affairs. The Committee further notes the concerns expressed by CEDAW about the women’s unequal access to economic opportunities, despite their higher participation and attainment rates at all levels of education, and the disproportionately high unemployment rate among women, in particular rural women, Maroon women and indigenous women (CEDAW/C/SUR/CO/4-6, paragraph 36). Concerning equality between men and women in respect of remuneration for work of equal value, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to provide information on the measures taken to address discrimination and promote equality of opportunity and treatment between 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. Please include information on 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 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.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous and tribal peoples. The Committee notes that on 8 April 2020 a draft Law on the Collective Rights of Indigenous and Tribal Peoples providing protection for the collective land rights of indigenous and tribal peoples was submitted to the National Assembly for consideration. The Committee asks the Government to provide information on any development regarding the adoption of the law.

General observation of 2018. Regarding the above issues, and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Equality of opportunity and treatment irrespective of social origin. Rural workers. The Committee recalls that, as reported by the Government, employers’ organizations have noted that minorities in the interior and remote areas of the country may not be able to enjoy equality in employment. In this regard, the Committee also notes that CEDAW expressed its concerns about the significant disparities in enrolment rates between rural and urban areas, as well as the poor quality of elementary schools and the lack of secondary schools in rural areas (CEDAW/C/SUR/CO/4-6, paragraph 34). The Committee furthermore notes from the Decent Work Country Programme 2019–2021 that there is a lack of reliable labour market information concerning the remote areas of the interior which poses a major challenge both for analysis and the formulation of policies and plans, as well as the monitoring and evaluation of implementation. In light of the above, the Committee asks the Government to: (i) 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) provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation for men and women rural workers, including as regards access to relevant skills development.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the draft Equality Treatment Act provides for the establishment of a tripartite National Commission on Equality of Treatment. The Committee asks the Government to provide information on: (i) any initiative undertaken in cooperation with the organizations of workers and employers to promote the principle of the Convention, including in the framework of the Labour Advisory Board; and (ii) the activities of the National Commission on Equality of Treatment once it is established.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that the persons who are suspected of, or engaged in, activities prejudicial to the security of the State are prosecuted under the Penal Code and have the right to appeal. The Committee recalls that all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention (General Survey of 2012, paragraph 834). The Committee asks the Government to indicate the specific provisions of the Penal Code which apply to individual suspected of activities prejudicial to the security of the State and to provide examples of their application, 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 recalls that the Constitution, at article 27, stipulates that the State has a duty to guarantee the right to work by, among others, guaranteeing equality of opportunity, and, at article 29, calls for special protection for certain categories, including disabled persons. The Committee also notes that under the Maternity Protection Act (S.B. 2019 no. 64), section 2(2), temporary special measures are allowed if aimed to achieve “factual equality between men and women”. The Committee notes that the Government states that it has not yet adopted special measures in favour of specific groups of persons; however, given the limited opportunity in employment and occupation faced by women and indigenous and tribal peoples, special measures for these groups may be adopted in the future. The Committee also notes from the 2020 ILO’s study on “Employability of people with disabilities in Suriname” that : (1) people with disabilities tend to have lower levels of education than those without disabilities: while attendance rates may be similar, there seem to be obstacles to completing their studies; (2) people with disabilities are generally less likely to be employed than people without disabilities; (3) women with disabilities are employed at lower rates than women without disabilities or men with disabilities; and (4) among persons with disabilities employed, a larger proportion are self-employed, which is likely to be due to the lack of opportunities in other types of employment (page 27). In light of the above, the Committee asks the Government to provide information on any special measures envisaged or adopted to promote equality of opportunity and treatment in employment and occupation for categories in need of special protection or assistance.

Maternity protection. The Committee notes that the Maternity Protection Act allows for distinctions based on sex with the objective of protecting women, “in particular with regard to pregnancy and maternity” (section 2(2)(b)). The Committee also notes from the Beijing+25 report that under the Family Employment Protection Act of 2019 women are entitled to maternity leave of at least 16 weeks and men are entitled to 8 days of paternity leave. 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 General Survey of 2012, paragraph 839). In light of the above, the Committee asks the Government to provide examples of application of section 2(2)(b) of the Maternity Protection Act to specific cases, with a view to assessing whether the protective measures taken under section 2(2)(b) of the Act are limited to maternity protection, in the strict sense, or are based on occupational safety and health risk assessments, and do not constitute discriminatory obstacles to the employment of women.

Enforcement. The Committee notes the Government’s indication that no decisions have been taken yet by courts of law or other tribunals regarding questions of principles relating to the application of the Convention. The Government also states that public awareness on equality and non-discrimination is promoted through a Ministry of Labour programme, as well as through weekly “Labour Tips” which are disseminated through social media channels and traditional media (TV and radio) channels. The Committee asks the Government to provide information on: (i) judicial decisions and cases dealt by other competent bodies involving issues related to the application of the Convention, as well as information on any violations in this respect brought to the attention of or detected by the labour inspectors, and their outcomes; and (ii) any measures adopted to enhance the capacity of enforcement authorities, as well as of social partners, to identify, prevent and address cases of discrimination.

The Committee notes the Government’s first report.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee notes from the Government’s report the adoption of the National Action Plan to Combat Child Labour 2019-2024, which provides an overview of areas of attention, objectives and activities for combating child labour. According to information of the Ministry of Labour, Employment and Youth Affairs (press release of 1 April 2019), the Action Plan contemplates the review of existing legislation; activities concerning prevention, guidance and reintegration of victims; measures to be taken in the field of education and vocational training; and actions aimed at combating poverty. The Committee notes the re-establishment of the 2018 National Commission on the Elimination of Child Labour, which brings together different ministries, social partners and NGOs to monitor the implementation of the child labour policy. The Committee also notes the adoption in 2018 of the Children and Young Persons Labour Act, whose content was agreed by representatives of employers’ and workers’ organizations at the Labour Advisory Board. The Committee further notes that according to the 2017 Child Labour Survey conducted in Suriname with the technical support of the ILO, 2,432 children in the 5 to 17 age group are engaged in child labour, of which 1,701 are in hazardous work. Child labour is mostly present in the agricultural, hunting and fishery sectors, domestic work and wholesale trade industry. The Committee requests the Government to provide information on the specific measures taken within the framework of the National Action Plan to Combat Child Labour and the results achieved. The Committee also requests the Government to provide information on the activities undertaken by the National Commission on the Elimination of Child Labour.

Article 2(1). Minimum age for admission to employment or work. Suriname specified a minimum age of 16 years for admission to employment or work upon ratification of the Convention. The Committee notes that section 11 of the 2018 Children and Young Persons Labour Act sets the minimum age for admission to employment at 16 years for a maximum of 8 hours per day and 40 hours per week. For the purpose of work on fishing vessels, section 11 read together with section 1(1), sets the minimum age at 18 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to article 39 of the Constitution of Suriname, the State shall guarantee compulsory and free general primary education to all, and provide, in phases, free education on all levels. The Committee notes that section 20 of the Basic Education Act only provides for compulsory education of children aged 7 to 12 years. The Committee notes that in its 2019 report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicated that the Ministry of Education was in the process of drafting legislation to improve the education system. The Committee notes that, according to UNESCO, the effective transition rate from primary to lower secondary general education, by 2018, was 64.8 per cent and that the net enrolment rate for secondary education (12 to 18 years of age) in 2015 (information only available up to that year) was 57.8 per cent. The Committee further notes that in its 2016 concluding observations for Suriname, the United Nations Committee on the Rights of the Child expressed its serious concern about the low retention rates at the secondary level, in particular in the interior areas of the country (CRC/C/SUR/CO/3-4, paragraph 34 (a)). The Committee wishes to recall the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour (2012 General Survey, Fundamental Conventions, para. 369). Thus, the Committee encourages the Government to take the necessary measures to raise the age of completion of compulsory education at least to the age specified by Suriname for admission to employment, which is 16 years of age.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 11(1) of the Children and Young Persons Labour Act prohibits the employment of young persons (16 to 18 years of age) in work that is dangerous for health, morality or safety, whether or not for pay. The Committee recalls that, in its 2014 comments under Convention No. 182, it noted the State Decree on Hazardous Labour for Young Persons (S.B. No. 175 of 2010) which sets out categories of hazardous work.

Article 4(2). Exclusion of limited categories of employment or work. The Committee notes that section 2(1) of the Children and Young Persons Labour Act excludes from the scope of application of the Act casual work or work of short duration performed in a family environment, as well as light work not regarded as harmful, in particular for children or young persons in the family business or in tribal communities, where children are taught traditional livelihood skills. The Committee takes due note of the above-mentioned exclusions to the application of the Children and Young Persons Labour Act and requests the Government to indicate whether, after consultation with the organisations of employers and workers concerned, it wishes to avail itself of the provision contained in paragraph 2 of Article 4 of the Convention. If so, please indicate the categories of workers excluded from the application of the Convention and the reasons for such exclusion.

Article 6. Vocational training and apprenticeship. The Committee notes that according to section 6 of the Children and Young Persons Labour Act, children who have reached 14 years of age are allowed to perform light work in the framework of an internship or as part of an apprenticeship or vocational training. For this type of work, the child should be granted an uninterrupted rest period of at least 14 hours in each 24-hour period (including the period between 19:00 and 07:00 hours). Furthermore, the work shall not be performed for more than 35 hours per week, 5 days a week and 7 hours a day. The Committee requests the Government to provide information on how many children are involved in these internship programs, their duration, and the working conditions. Please also provide information on consultations held with workers’ and employers’ organizations in this regard.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 1(c) of the Children and Young Persons Labour Act defines light work as work, which is not detrimental to the safety, health and development of children, and which does not deprive them from regularly attending school, participating in vocational training, and benefiting from the education received. The Committee notes that section 4 of the Act permits children between 13 and 15 years of age to perform non-industrial auxiliary work of a light nature, defined by section 1 (p) of the Act as light work consisting of the provision of handicrafts and other fittings, and not involving independent production work. This type of work cannot be performed for more than 10 hours a week (a maximum of 3 hours a day during the school week). In addition, section 5 of the Act permits the employment of children who have reached 15 years of age in non-industrial light work, defined by section 1(o) of the Act as light work which is not performed with mechanical work equipment that poses unacceptable safety risks to a child or his/her environment, for a maximum of 12 hours a week (a maximum of 3 hours on days when education is given). The Committee notes that, according to section 4(6) of the Act, a state decree shall specify the types of light work, which may be performed by children who have reached 13 years of age, as well as types of work which do not qualify as light work. The Committee requests the Government to indicate if, pursuant to section 4(6) of the Children and Young Persons Labour Act, a state decree has been adopted specifying the types of light work permitted to children who have reached the age of 13 years, including the conditions in which such work may be undertaken.

Article 7(2). Employment or work of persons who are at least 15 years of age but have not yet completed their compulsory schooling. The Committee notes that according to section 8 of the Children and Young Persons Labour Act, the Service of Labour Inspection may authorize a child of 15 years of age, who has been granted an exemption from the obligation to attend school, to perform non-industrial work of a light nature based on a joint request of the employer and the parent or guardian of the child. This type of work shall not be performed for more than 40 hours per week, 5 days a week and 8 hours a day. The Committee requests the Government to provide information on the number of children who having reached 15 years of age and being exempted from the obligation to attend school, have been authorized to carry out non-industrial work of a light nature in accordance with section 8 of the Children and Young Persons Labour Act. In this regard, the Committee requests the Government to indicate the reasons why such children have been exempted from the obligation to attend school.

Article 8. Participation in artistic performances. The Committee notes that section 1(d) of the Children and Young Persons Labour Act defines artistic performances as light work consisting of performances in the cultural, artistic or sporting fields or advertising activities. The Committee notes that, in relation to work of children in artistic performances, the Government refers to section 7 of the Act, according to which the Labour Inspectorate may issue guidelines concerning maximum working hours per day and per week, compulsory rest periods and the mandatory presence, supervision and monitoring by supervisory staff, parents and guardians during work. The Committee recalls that pursuant to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention for participation in artistic performances. In this regard, the permits shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to provide information on measures taken or envisaged for the granting of permits specifying the number of hours during which and the conditions in which children are allowed to participate in artistic performances. The Committee also requests the Government to provide information on any further regulation issued by the Labour Inspectorate in this regard.

Article 9(1). Penalties. The Committee notes that section 15 of the Children and Young Persons Labour Act provides for sanctions including fines and imprisonment, for the person who contravenes the provisions of the Act. These sanctions do not apply to children and young persons. The Committee notes that, according to section 16 of the Act, where breaches of the law respond to the poor social circumstances of the child’s or young person’s family, the competent authorities should offer social support to that family, in order to enable the child or children in the family to make a living without resorting to child labour; as well as guidance and other support measures for the children involved. The Committee requests the Government to provide information on the application in practice of section 15 of the Children and Young Persons Labour Act, including on the number and nature of violations and penalties applied. The Committee also requests the Government to indicate examples of the measures that have been applied, in line with section 16 of the Act, to support poor families of children engaged in child labour.

Article 9(3). Keeping of registers. The Committee notes that section 3(3) of the Children and Young Persons Labour Act requires employers to keep records of the age and names of their employees and those who are in the company for vocational education or training, and to ensure that these records are correct.

Labour inspection and application of the Convention in practice. The Committee notes that according to article 17 of the Children and Young Persons Labour Act, the supervision of compliance with the Act lies with the Head of the Health and Safety Inspectorate and the labour inspectors. The Committee notes the Government’s indication that the Labour Inspectorate has visited various companies, paying particular attention to child labour. In doing so, it has identified one case of a child who suffered injuries performing work and of another child who lost his life in an industrial accident. The Committee further notes that the Government indicates that the employers consider that there is not enough insight in the occurrence of child labour because of the large informal sector where child labour may occur undetected. The Committee refers to its 2020 comments under the Worst Forms of Child Labour Convention, 1999 (No. 182) and requests the Government to provide updated statistical information on the number of children involved in child labour, when possible disaggregated by gender and age group.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee notes that section 334 of the 2015 Penal Code prescribes penalties for trafficking in persons for both labour and sexual exploitation, from imprisonment of up to nine years and a fine of up to 1,000,000 Surinamese Dollars (approximately US$134,000). The Penal Code provides for higher penalties in aggravating circumstances, with the highest penalty being imprisonment of up to 24 years, if the act results in death. The Committee also notes from the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) the establishment of: (i) the Trafficking in Persons Unit in the police force to investigate cases of trafficking in persons; (ii) the Trafficking in Persons Desk in the Public Prosecutor’s Department; and (iii) the Interdepartmental Working Group on Trafficking in Persons within the Ministry of Justice and Police (CEDAW/C/SUR/CO/4-6, paragraph 28). The Committee notes from the same report that CEDAW raises concern at the limited capacity and responsiveness of the institutions created to monitor compliance with anti-trafficking laws, particularly in the interior of the country (paragraph 28). In this respect, the Committee noted, in its direct request on the application of the Convention on the Worst Forms of Child Labour Convention, 1999 (No. 182), the training of district commissioners, immigration officials, and labour inspectors in identifying victims of trafficking. The Committee requests the Government to provide information on the measures taken to prevent and combat trafficking in persons, including the allocation of adequate human, material and financial resources to the dedicated Government entities, and to continue to provide information on the training provided to the law enforcement officers working in this area. The Committee also requests the Government to provide information on the application in practice of section 334 of the Penal Code, including the number of investigations, prosecutions and convictions, and to specify the penalties imposed.

2. Institutional framework. The Committee notes that, according to the 2018 concluding observations of CEDAW, the Interdepartmental Working Group on Trafficking in Persons developed the National Strategy and Action Plan to combat trafficking in persons, which were adopted in 2014 (paragraphs 4 and 28). The Committee requests the Government to provide information on any measures adopted by the Interdepartmental Working Group on Trafficking in Persons, particularly regarding the implementation of the national strategy and action plan to combat trafficking in persons. It also requests the Government to provide copies of the National Strategy and Action Plan.

3. Assistance and protection for victims. The Committee refers to its direct request on the application of Convention No. 182, in which it notes the Government’s reference to an improved referral system between the criminal law enforcement authorities and the social services, and the provision of protection and support to victims of child labour and prostitution. The Committee also notes the observations made in 2016 by the United Nations Committee on the Rights of the Child (CRC/C/SUR/CO/3-4, paragraph 21), and in 2018 by CEDAW (CEDAW/C/SUR/CO/4-6, paragraph 28) concerning doubts on the adequate staffing and funding of shelters, and the lack of information on the shelters available and the services provided by them. The Committee requests the Government to provide information regarding the protection of victims of trafficking in persons, including the number of victims identified, the types of assistance and services provided to them and the number who have benefited from such assistance and services.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3(1)(b) and (2) of the Convention. Labour inspectors’ duties in the area of occupational safety and health (OSH). The Committee previously noted that the labour inspectorate had planned to introduce a Safety Passport for every worker, which would include information on OSH skills and capacities, and the Committee requested information in this respect. The Committee notes the Government’s indication in its report in response that the Safety Passport will be introduced by the new Safety and Health Act, which has been approved by the Council of Ministers and the State Council, and submitted to the National Assembly. The Committee also notes that the Decent Work Country Programme (DWCP) of Suriname 2019–21 states that there are a number of challenges in the implementation of occupational safety and health; it is not possible to cover all sectors and areas with an understaffed labour inspection service, and that OSH standards are often not met, especially within the small-scale gold mining sector. To address the challenges, one outcome of the DWCP is the development of a labour inspection strategy, including specific procedures on enforcement of OSH laws. The Committee requests the Government to provide information on any developments regarding the adoption of the new Safety and Health Act, and to provide a copy once available. It also requests the Government to provide information on the development and implementation of the labour inspection strategy, including specific procedures on enforcement of OSH laws, within the framework of the DWCP 2019–21.

Article 7(3). Adequate training. The Committee notes the Government’s indication in response to its previous request on training, that trainings have been provided to labour inspectors on child labour and trafficking in persons. Moreover, the Ministry of Labour established a Transformation and Management Team (TMT) in 2018 entrusted with 19 tasks, including the development of training for labour inspectors. The TMT is currently preparing two training courses. However, the Government indicates that the general training of labour inspectors needs to be improved, and that newly recruited public servants need to receive training in order to be appointed as inspectors. There is also a need to train labour inspectors on the newly adopted labour legislation. In this respect, the Committee notes the information in the Government’s supplementary report that in 2019, a three-day training session on the new labour legislation was held for the labour inspectors. The Committee also notes that, according to the DWCP 2019–21, improvements in labour inspection will be done through training that will shift the quality of inspection from one that is focused on policing toward increased legal and regulatory compliance. Moreover, the ILO’s technical assistance and capacity-building in this area will include targeted training for labour inspectors on issues such as unfair dismissal, equality of treatment, violence in the workplace and sexual harassment, and forced labour and trafficking in persons. The Committee requests the Government to continue providing information on trainings provided for labour inspectors, including the subjects covered, the dates, and the number of participants for each training session. The Committee also requests the Government to provide information on the development of general training for labour inspectors and any further training courses on the newly adopted labour legislation.

Articles 10 and 11. Sufficient number of labour inspectors and necessary arrangements for the performance of the labour inspectors’ duties. Application in practice. The Committee previously noted that budgetary constraints hampered the full implementation of the Convention in practice, and that the labour inspectorate lacked sufficient qualified personnel, adequate housing and transport facilities to be present in the hinterland of the country. It requested the Government to provide information regarding the measures taken or envisaged to address the challenges identified.

The Committee notes the Government’s information that the TMT is taking measures to identify the human resources gaps and to prepare the recruitment of labour inspectors at all levels. In this regard, the Ministry of Labour established the recruitment and application commission to advise the minister on candidates for labour inspector vacancies. With regard to the transport expenses, the Government indicates that labour inspectors use their own vehicles for inspections and receive a monthly payment of 640 Surinamese dollars as a transport fee. The Council of Ministers has also approved the purchasing of five new pick-up trucks for the labour inspection. The Government further indicates that the TMT is in the process of facilitating the adoption of periodic inspection plan, which will provide data for further adjustments in transport facilities. The Committee also notes that, according to the DWCP 2019–21, the equipping and mandating of labour inspection services remains an area of urgency. The goal of the establishment of the TMT is to have a modernized, well-staffed, motivated and driven team with ample resources: trained inspectors, mobility and information communication technology (ICT) support to cover all areas within Suriname. The DWCP further states that the the Labour Inspection Unit will develop a strategy and an action plan to address the impact of scarce funding labour inspection services. The Committee requests the Government to continue providing information on the measures taken and results achieved, including in the context of the DWCP, to ensure the recruitment of a sufficient number of labour inspectors (Article 10 of the Convention) and the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11). In this respect, the Committee requests the Government to continue to provide information on the number of labour inspectors and their geographic distribution, as well as the specific transport facilities at their disposal. It also requests the Government to provide information on any progress made on the adoption of periodic inspection plans.

Article 14. Notification to the labour inspectorate of cases of occupational diseases. Following its previous comments requesting measures to ensure the notification of cases of occupational diseases to the labour inspectorate, the Committee notes the Government’s indication that the Ministry of Labour is preparing a proposal of a new Industrial Accidents Act, which will introduce some changes in the practice of notification of occupational accidents and diseases. The draft law was reviewed by the Labour Advisory Board and the Board’s opinion has been provided to the Ministry. The Committee further notes the indication in the Annual Labour Inspection Report, submitted with the Government’s supplementary report, that there were no occupational diseases notified for the period covered. The Committee requests the Government to provide information on any progress made regarding the adoption of the new Industrial Accidents Act with a view to ensuring that cases of occupational diseases are notified to the labour inspectorate, in compliance with Article 14 of the Convention, and to provide a copy once adopted.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee previously noted that the expeditious penal procedures introduced in the country in 2015 resulted in a much shorter cycle to complete penal proceedings with regard to violations of labour legislation and the imposition of fines, and it requested information on its impact.

The Committee notes the Government’s statement that the expeditious penal procedure is working well and that a steady number of cases are being brought to the courts following its operation. It also notes the information provided on the legislation for which violations were most commonly detected and the number of cases brought to the court. However, the Committee notes the Government’s information that the number of court cases for the first seven months of 2018 (21) declined substantially from the numbers for the same time period in each of the previous three years. The Committee requests the Government to provide information on the reasons for the substantial decline in court cases brought for labour violations, and on the application of adequate penalties for violations of legal provisions enforceable by labour inspectors in accordance with Article 18 of the Convention, including the relevant statistics, such as the number of contraventions detected, the number of cases submitted to court, and the outcome of the cases, including the number of fines imposed and paid.

Articles 20 and 21. Publication and communication of annual labour inspection reports. The Committee notes the Government’s indication that attention will be given to the capacity-building of the labour inspectorate in the DWCP 2019–21 in order to address the challenge of establishing the annual labour inspection report. In this respect, the Committee welcomes the Annual Labour Inspection Report covering 2019 until September 2020. The Committee requests the Government to continue to take measures to communicate annual reports of the labour inspectorate, in accordance with Article 20 of the Convention, ensuring that the annual report contains all of the subjects listed under Article 21(a)–(g) of the Convention.

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.

Articles 3(a) and 5 of the Convention. Trafficking, monitoring mechanisms and the application of the Convention in practice. In its previous comments, the Committee noted the national penal provisions concerning the worst forms of child labour. It also noted the Government’s reference to measures taken by the Interdepartmental Working Group on Trafficking in Persons, including the investigation and prosecution policy on criminal networks of child trafficking, and the training of district commissioners, immigration officials, and labour inspectors in recognizing victims of trafficking.

In this respect, the Committee notes the Government’s indication in its report that the National Committee for the Elimination of Child Labour is undertaking awareness-raising activities on the prohibition of all forms of child labour and the reporting mechanisms of suspected cases, and that the National Committee collaborates with several institutions, including the labour inspectorate and the police. It further notes the Government’s indication that, in the period between August 2016 and August 2019, a total of eight cases of human trafficking were investigated by the Trafficking in Persons Department, with seven children (that is, minors) being identified as victims of sexual exploitation. The Government adds that in this respect, 23 suspects were arrested and the corresponding files sent to the Public Prosecution Service. The Committee requests the Government to continue to provide information on the number and nature of violations reported, and investigations and prosecutions undertaken concerning trafficking in children. The Committee also requests the Government to provide information on the convictions and penalties imposed, including in respect of the 23 suspects who were arrested and whose cases have been sent to the Public Prosecution Service.

Article 3(d). Hazardous work in the informal economy. Labour inspectorate. In its previous comments, the Committee noted the increasing prevalence of child labour in the informal economy, in particular the small-scale goldmining sector. It noted the Government’s indication that inspections and supervision of working conditions in the informal economy would be considered in a broader approach including measures to collaborate with other relevant enforcement bodies, such as the police.

The Committee notes the Government’s indication, in response to its request, that the labour inspectorate may inspect all areas where some form of economic activity is ongoing, but that it is difficult for labour inspectors to detect child labour in the informal economy in view of the remote areas where instances of child labour occur, and the hidden nature of the phenomenon. In this respect, the Committee also recalls that it noted, in its comment on the application of the Labour Inspection Convention, 1947 (No. 81) published in 2019, that the labour inspectorate lacked sufficient qualified personnel and transport facilities to be present in the hinterland of the country. In this respect, it notes from the information provided in the Government’s 2019 report on the application of Convention No. 81, that steps are being taken to fill the vacant positions in the labour inspectorate and to improve the transport facilities of the labour inspectorate, and that training on child labour was provided to labour inspectors. In this context, the Committee also notes from the information in the 2017 Child Labour Survey, as referenced in the Government’s report, that approximately 2.2 per cent of the total number of children are involved in child labour with approximately 1.6 per cent to be found in hazardous work (page xviii). The Committee also notes from that Survey that children mainly work in the agriculture, forestry, hunting and fishery industries (44.9 per cent) (page xiii). Referring to its comments under Convention No. 81, the Committee requests the Government to provide information on the progress made concerning the increase in the number of labour inspectors and the improvement in the transport facilities available at the labour inspectorate, and the impact on the improved capacity of labour inspectors to identify and address hazardous work by children in the informal economy. It requests the Government to provide information on the activities undertaken by the labour inspectorate, where applicable, in collaboration with other enforcement bodies, in the area of hazardous child labour (including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken).

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various measures taken by the Government to improve access to basic education, including the waiving of the enrolment fees for primary and secondary education and the Government’s indication that proposals for compulsory secondary education (for the age group of 12–16 years) would be made by the end of 2016.

The Committee notes the Government’s indication, in response to its request to improve access to education, that the Ministry of Education continues to be in the process of drafting legislation for the improvement of the system of education. In this regard, the Committee also notes from the 2017 Child Labour Survey as referenced by the Government, that only primary education is compulsory (corresponding to the compulsory school age from 7 and 12), and that work is currently being undertaken on aligning the age of entry to work and the compulsory school age (page 7). The Committee also notes the 2016 concluding observations of the Committee on the Rights of the Child (CRC/C/SUR/CO/3-4), which refer to a number of issues in the education system, particularly in the interior areas of the country, including: low primary school completion rates and low retention rates at the secondary level; the lack of schools in some remote districts; and barriers to accessing education by children from low-income families, including fees for school materials (paragraph 34). The Committee also notes from the statistics provided on the website of the United Nations Educational, Scientific and Cultural Organization (UNESCO) that in 2018, the net enrolment rate of children in primary education was 86.03 per cent, and that in 2015 (latest available information), the net enrolment rate at the secondary level was 57.79 per cent. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to improve the functioning of the education system, in particular to increase the school enrolment, attendance and completion rates at the secondary level.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. In its previous comments, the Committee noted that Suriname is a destination, source and transit country for child victims of trafficking and working as commercial sex workers. It noted the Government’s reference, among other things, to measures for child victims of trafficking, including the establishment of a shelter, and to the provision of services and protection by the Ministry of Justice and Police. The Committee noted, however, that the Human Rights Committee, in its 2015 concluding observations, expressed concern at the difficulties of the victims of trafficking in receiving access to effective protection, shelter and reparation (CCPR/C/SUR/CO/3, paragraph 29).

The Committee notes the Government’s indication, in response to its request, that an improved referral system between the criminal law enforcement authorities and the social services for cases of child labour had been implemented, and was in the testing phase between August 2019 and February 2020. The Government indicates that this system is hoped to improve the identification, handling and remediation of cases of child labour. The Government also indicates that all child victims of trafficking and prostitution identified during the reporting period were provided with protection and support by the Unit on Trafficking in Persons within the Ministry of Justice and Police after removal from the situation. In this respect, the Committee also notes that the Committee on the Rights of the Child, in its 2016 concluding observations (CRC/C/SUR/CO/3-4), calls, among other things, for: (i) the adequate staffing and funding of child protection agencies; (ii) the upgrading of the existing shelter and opening of additional shelters for child victims of sexual abuse; and (iii) the development of programmes and policies for the prevention, recovery and social reintegration of child victims (paragraph 21). The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its 2018 concluding observations (CEDAW/C/SUR/CO/4-6) indicates that there is a lack of information on the shelters available to women and girls who are victims of trafficking and the types of programmes and health services provided by those shelters (paragraph 28). The Committee requests the Government to provide more detailed information on the services provided for child victims of trafficking, including their rehabilitation and social integration (such as the nature of assistance and support provided to child victims, the impact of the new referral system, and the operation of the shelter(s) provided). It requests the Government to continue to provide information on the number of child victims of trafficking who have been removed from the worst forms of child labour and benefited from such services.

Article 4 of the Convention. Payment of wages in kind. Further to its previous comments on the need to amend section 1614T of the Civil Code, which allows wages to be paid wholly in kind, the Committee notes the Government’s indication in its report that there have been no developments with regard to the adoption of a new Civil Code. The Committee recalls that Article 4 only allows the partial payment of wages in the form of allowances in kind. The Committee therefore requests the Government to take the necessary measures, including by amending section 1614T of the Civil Code or in the context of the broader reform of that Code, to ensure that the payment of wages in kind could only be partial, in conformity with Article 4(1). The Committee also requests the Government to provide information on measures taken to ensure that the value attributed to wages in kind is fair and reasonable, in accordance with Article 4(2).

Comments adopted by the CEACR: Suriname

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)