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29 May 2000
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CRC
24th Session
29 May 2000
Morning
Government Delegation Queried on Legal Holdovers from Colonial Era,
Application of Convention in Domestic Law
The Committee on the Rights of the Child began consideration this morning of an initial report of Surinam, questioning a three-member Government delegation, among other things, on special marriage provisions for Hindus and Muslims, the national age of criminal responsibility of 10, and efforts to establish schools throughout the country -- matters the delegation said reflected the lingering influence of Dutch colonialism and law after the achievement of independence in 1975.
A special act for marriage of Hindus and Muslims, bypassing regular age restrictions and various administrative formalities, dated from 1939, the delegation said, and had been intended to back up the right to religious freedom; changing it now would be politically difficult. The age of criminal responsibility of 10 also dated from before independence, the delegation said. And religious schools, which had drawn resistance in the countryside years ago because of their destruction of local traditions and names, had led to a suspicion of schools in general that was only slowly being overcome.
The delegation said the provisions of the Convention on the Rights of the Child were applicable in domestic law and took precedence over national laws in cases of conflict.
Introducing the report, Werner Vreedzaam, Surinam's Coordinator for Human Rights reporting, said that while the country was ethnically diverse, the population shared a common vision regarding the care, development, and protection of children, that efforts to implement the Convention had been designed to be sustainable, and that a National Youth Council had been established in 1999.
In addition to Mr. Vreedzaam, the Government delegation consisted of Hein C. Verwey, Deputy Director of the Surinam Ministry for Social Services and Housing, and Clarisse Pawironadi-Dasi, of the Ministry's Department of Scientific Research and Planning.
As one of the 191 States parties to the Convention on the Rights of the Child, Surinam, which ratified the international treaty in 1993, must submit periodic reports to the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 3 p.m. to continue its review of the report of Surinam.
Initial report of Surinam
The report (CRC/C/8/Add.39) reviews implementation of the Convention on an article-by-article basis. The introduction notes that a National Commission on the Rights of the Child was established in 1995 and was responsible for coordination, implementation, and monitoring of child rights; that the Commission had written the country report presented today; and that it had been charged with drawing up a national plan of action.
The report remarks, among other things, that a deteriorating economy has had negative ramifications; that there are problems with child abuse, sexual abuse, and prostitution of children, although precise data are lacking; that the number of child victims of violence apparently is increasing; that general vaccination coverage was 85 per cent in 1985 but dropped to 75 per cent in 1995 as a result of economic and other difficulties; that malnutrition has become a problem, due, among other things, to inability to purchase suitable and adequate food, early weaning of children, high prices for baby formula, and a crop shortage following a war in the interior of the country; that school attendance from ages 7 to 12 is compulsory and is supposed to be free of charge, although in fact economic realities mean that registration fees and sometimes 'parental contributions' are necessary; and that rates of school attendance nationwide are higher among boys than girls, reflecting economic factors and tribal traditions under which girls often have to help their mothers with planting and harvesting.
The report also notes that Surinam suffered a domestic war in the 1980s, fought mainly in the interior, as a result of which much of the population there fled to neighbouring French Guyana, where it stayed in refugee camps for over two years; attempts were made to provide refugee children with schooling. Another group fled to the area of the Surinam capital of Paramaribo, where it lived in illegal and substandard housing, and that while some have since returned to the interior, others remain in the region of Paramaribo 'in dire circumstances'.
Introduction of report
WERNER VREEDZAAM, Coordinator of Human Rights Reporting for Surinam, said several major measures on behalf of children long predated the country's ratification of the Convention, including passage of a compulsory school attendance act, implementation of a school nutrition programme, modification of the national Penal Code, establishment of a Department of Child Protection, and institutionalization of child care. Much more needed to be done, however. Research and data gathering was important, and in cooperation with UNICEF the Government had undertaken a multiple indicator cluster survey on the situation of children and had set up a child indicators monitoring system.
The report had been written in 1996, Mr. Vreedzaam said, with the extensive cooperation of non-governmental and private organizations. The country was ethnically diverse, he said, but all ethnic components shared a common vision regarding the care, development, and protection of children. Efforts on behalf of the Convention had been designed to be sustainable. In 1999, a National Youth Council had been established to which members were directly elected by children nationwide.
Discussion
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
The delegation of Surinam, responding to questions, said, among other things, that it was hard for outsiders to understand the situation in Surinam, especially concerning the marriageable age and the Indian Marriage Act passed in 1939; this was intended to apply to the country's Muslim and Hindu populations, which had come from India; the law had been based on religion and reflected the right to religion granted by the Constitution; if parents wished this aspect of the law to continue in the practice of their religion, it was very hard for the Government to change it; still, the law did not apply as much as previously; boys and girls met in school and went their own way in life. It was true that in certain rural regions, the Hindu and Muslim populations continued to apply this special marriage law.
Surinam had been part of the Netherlands until independence in 1975, the delegation said; the Netherlands Constitution stipulated that provisions of international treaties ratified by the Government were binding in domestic legislation following publication; Surinam law was the same; in cases of conflict between domestic laws and international treaties, the treaties took precedence. The Convention was not self-executing, but its provisions were. The Surinam Constitution stated that no discrimination was allowed involving children; specific legislation to implement the Convention and eradicate discrimination had been submitted by the executive branch to Parliament, but much of it had not yet been passed.
The country's Human Rights Committee had been dropped because some had considered that a Constitutional Court, which was supposed to be established, would make the committee redundant, the delegation said; the result was that at the moment the country had neither; it was not a good situation and there was discussion about re-establishing the committee. In the meanwhile an NGO had functioned to some extent in that capacity.
Following the abolition of slavery, the Catholic and Moravian Churches had established schools in the country's hinterland, the delegation said; in many cases local traditions and much local knowledge and even local names were obliterated; resistance to this 'education' mounted and schools were closed; later, when the Government sought to establish schools, schools had a bad reputation; the process had been slow; it was made clear that education should have no religious content, and parents in the interior were now willing to have their children educated; schools for many different tribes and ethnic groups were being established, many with Government subsidies.
The age of criminal responsibility of 10 dated from the former colonial period and needed to be changed, the delegation said; some protections had been added in 1962 but overall these protections could be improved. If children aged between 10 and 18 were sentenced, the delegation said, the sentences were less extensive than those given to adults for comparable crimes.
Efforts were made to publicize the Convention, although it had not been translated into all of the country's languages, the delegation said; still, even in the countryside, it appeared that the population had knowledge of the Convention.
A draft national policy on youth was being developed by a steering committee, the delegation said; it was intended to protect and promote child rights and to give children a voice in their own affairs; at this point the first draft was being submitted to the President. A National Youth Council had been installed last year and was already operating; there was a bureau for child rights which had the responsibility of supporting the National Commission on the Rights of the Child; a decision had later been made to make the bureau a national body for monitoring the execution of the provisions of the Convention. A decision also had been made to observe an annual national day for child rights each 20 November. The bureau also would produce an annual report on the state of child rights to be issued on that day.
In 1997, it was decided that the annual budget should allocate 50 per cent for the production sector, 25 per cent for infrastructure, and 25 per cent for the social sector, the delegation said; some 5 per cent of the total went for education; overhead costs in the social sector, including for personnel, used a great deal of this amount; the situation was not considered satisfactory. Social-sector activities were carried out as well through the aid of UNICEF and various NGOs. Efforts were being made to make programmes affecting children more directly beneficial to them and less bureaucratic in nature.
The morning session ended with the posing of a long series of questions by Committee members on the topics of the definition of the child and civil rights and freedoms. The delegation of Surinam was to respond to these queries at the beginning of the afternoon meeting.
* *** *
24th Session
29 May 2000
Morning
Government Delegation Queried on Legal Holdovers from Colonial Era,
Application of Convention in Domestic Law
The Committee on the Rights of the Child began consideration this morning of an initial report of Surinam, questioning a three-member Government delegation, among other things, on special marriage provisions for Hindus and Muslims, the national age of criminal responsibility of 10, and efforts to establish schools throughout the country -- matters the delegation said reflected the lingering influence of Dutch colonialism and law after the achievement of independence in 1975.
A special act for marriage of Hindus and Muslims, bypassing regular age restrictions and various administrative formalities, dated from 1939, the delegation said, and had been intended to back up the right to religious freedom; changing it now would be politically difficult. The age of criminal responsibility of 10 also dated from before independence, the delegation said. And religious schools, which had drawn resistance in the countryside years ago because of their destruction of local traditions and names, had led to a suspicion of schools in general that was only slowly being overcome.
The delegation said the provisions of the Convention on the Rights of the Child were applicable in domestic law and took precedence over national laws in cases of conflict.
Introducing the report, Werner Vreedzaam, Surinam's Coordinator for Human Rights reporting, said that while the country was ethnically diverse, the population shared a common vision regarding the care, development, and protection of children, that efforts to implement the Convention had been designed to be sustainable, and that a National Youth Council had been established in 1999.
In addition to Mr. Vreedzaam, the Government delegation consisted of Hein C. Verwey, Deputy Director of the Surinam Ministry for Social Services and Housing, and Clarisse Pawironadi-Dasi, of the Ministry's Department of Scientific Research and Planning.
As one of the 191 States parties to the Convention on the Rights of the Child, Surinam, which ratified the international treaty in 1993, must submit periodic reports to the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 3 p.m. to continue its review of the report of Surinam.
Initial report of Surinam
The report (CRC/C/8/Add.39) reviews implementation of the Convention on an article-by-article basis. The introduction notes that a National Commission on the Rights of the Child was established in 1995 and was responsible for coordination, implementation, and monitoring of child rights; that the Commission had written the country report presented today; and that it had been charged with drawing up a national plan of action.
The report remarks, among other things, that a deteriorating economy has had negative ramifications; that there are problems with child abuse, sexual abuse, and prostitution of children, although precise data are lacking; that the number of child victims of violence apparently is increasing; that general vaccination coverage was 85 per cent in 1985 but dropped to 75 per cent in 1995 as a result of economic and other difficulties; that malnutrition has become a problem, due, among other things, to inability to purchase suitable and adequate food, early weaning of children, high prices for baby formula, and a crop shortage following a war in the interior of the country; that school attendance from ages 7 to 12 is compulsory and is supposed to be free of charge, although in fact economic realities mean that registration fees and sometimes 'parental contributions' are necessary; and that rates of school attendance nationwide are higher among boys than girls, reflecting economic factors and tribal traditions under which girls often have to help their mothers with planting and harvesting.
The report also notes that Surinam suffered a domestic war in the 1980s, fought mainly in the interior, as a result of which much of the population there fled to neighbouring French Guyana, where it stayed in refugee camps for over two years; attempts were made to provide refugee children with schooling. Another group fled to the area of the Surinam capital of Paramaribo, where it lived in illegal and substandard housing, and that while some have since returned to the interior, others remain in the region of Paramaribo 'in dire circumstances'.
Introduction of report
WERNER VREEDZAAM, Coordinator of Human Rights Reporting for Surinam, said several major measures on behalf of children long predated the country's ratification of the Convention, including passage of a compulsory school attendance act, implementation of a school nutrition programme, modification of the national Penal Code, establishment of a Department of Child Protection, and institutionalization of child care. Much more needed to be done, however. Research and data gathering was important, and in cooperation with UNICEF the Government had undertaken a multiple indicator cluster survey on the situation of children and had set up a child indicators monitoring system.
The report had been written in 1996, Mr. Vreedzaam said, with the extensive cooperation of non-governmental and private organizations. The country was ethnically diverse, he said, but all ethnic components shared a common vision regarding the care, development, and protection of children. Efforts on behalf of the Convention had been designed to be sustainable. In 1999, a National Youth Council had been established to which members were directly elected by children nationwide.
Discussion
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
The delegation of Surinam, responding to questions, said, among other things, that it was hard for outsiders to understand the situation in Surinam, especially concerning the marriageable age and the Indian Marriage Act passed in 1939; this was intended to apply to the country's Muslim and Hindu populations, which had come from India; the law had been based on religion and reflected the right to religion granted by the Constitution; if parents wished this aspect of the law to continue in the practice of their religion, it was very hard for the Government to change it; still, the law did not apply as much as previously; boys and girls met in school and went their own way in life. It was true that in certain rural regions, the Hindu and Muslim populations continued to apply this special marriage law.
Surinam had been part of the Netherlands until independence in 1975, the delegation said; the Netherlands Constitution stipulated that provisions of international treaties ratified by the Government were binding in domestic legislation following publication; Surinam law was the same; in cases of conflict between domestic laws and international treaties, the treaties took precedence. The Convention was not self-executing, but its provisions were. The Surinam Constitution stated that no discrimination was allowed involving children; specific legislation to implement the Convention and eradicate discrimination had been submitted by the executive branch to Parliament, but much of it had not yet been passed.
The country's Human Rights Committee had been dropped because some had considered that a Constitutional Court, which was supposed to be established, would make the committee redundant, the delegation said; the result was that at the moment the country had neither; it was not a good situation and there was discussion about re-establishing the committee. In the meanwhile an NGO had functioned to some extent in that capacity.
Following the abolition of slavery, the Catholic and Moravian Churches had established schools in the country's hinterland, the delegation said; in many cases local traditions and much local knowledge and even local names were obliterated; resistance to this 'education' mounted and schools were closed; later, when the Government sought to establish schools, schools had a bad reputation; the process had been slow; it was made clear that education should have no religious content, and parents in the interior were now willing to have their children educated; schools for many different tribes and ethnic groups were being established, many with Government subsidies.
The age of criminal responsibility of 10 dated from the former colonial period and needed to be changed, the delegation said; some protections had been added in 1962 but overall these protections could be improved. If children aged between 10 and 18 were sentenced, the delegation said, the sentences were less extensive than those given to adults for comparable crimes.
Efforts were made to publicize the Convention, although it had not been translated into all of the country's languages, the delegation said; still, even in the countryside, it appeared that the population had knowledge of the Convention.
A draft national policy on youth was being developed by a steering committee, the delegation said; it was intended to protect and promote child rights and to give children a voice in their own affairs; at this point the first draft was being submitted to the President. A National Youth Council had been installed last year and was already operating; there was a bureau for child rights which had the responsibility of supporting the National Commission on the Rights of the Child; a decision had later been made to make the bureau a national body for monitoring the execution of the provisions of the Convention. A decision also had been made to observe an annual national day for child rights each 20 November. The bureau also would produce an annual report on the state of child rights to be issued on that day.
In 1997, it was decided that the annual budget should allocate 50 per cent for the production sector, 25 per cent for infrastructure, and 25 per cent for the social sector, the delegation said; some 5 per cent of the total went for education; overhead costs in the social sector, including for personnel, used a great deal of this amount; the situation was not considered satisfactory. Social-sector activities were carried out as well through the aid of UNICEF and various NGOs. Efforts were being made to make programmes affecting children more directly beneficial to them and less bureaucratic in nature.
The morning session ended with the posing of a long series of questions by Committee members on the topics of the definition of the child and civil rights and freedoms. The delegation of Surinam was to respond to these queries at the beginning of the afternoon meeting.
* *** *