| For a summary of Surinam’s review at the first cycle please click here. |
25th UPR session
Date of review: 2 May 2016
Date of report adoption: 1 July 2016
Document number: A/HRC/33/4
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SUMMARY SOGIESC issues during Suriname’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
26. The country team recommended that Suriname enact specific legislation on the prevention of discrimination based on sexual or gender orientation.
Right to life, liberty and security of person
34. The Human Rights Committee was concerned about reports of arbitrary detention and ill-treatment of lesbian, gay, bisexual, transgender and intersex persons, especially transgender women, by members of the security forces.
Right to privacy, marriage and family life
53. The country team stated that same-sex sexual activity was not illegal, but that same-sex unions, same-sex marriages and adoption by same-sex couples were not legally recognized.
IV. References to SOGIESC issues during the Working Group review
32. With the amendment to the Penal Code, which had come into force on 13 April 2015, Suriname made a further step in the direction of protection of lesbian, gay, bisexual and transgender persons.
33. The definition of discrimination enshrined in article 126a of the Penal Code applied to everyone, taking into account the principle of equality.
34. In articles 175 and 176 of the Penal Code, defamation of persons because of their sexual preference was criminalized. Instigation to hate, discrimination or violence (article 175a), defamation by publication (article 176) and support for discriminatory actions were criminalized.
35. Article 500a of the Penal Code criminalized occupational discrimination, including discrimination based on sexual orientation.
37. Lesbian, gay, bisexual and transgender persons could submit requests for permission to carry out activities under the same legal conditions as all other organizations and legal entities in Suriname. The principle of equality remained applicable when it came to fundamental rights, such as the right to freedom of thought and expression and the right to freedom of association and peaceful assembly. It had been a regular occurrence that police protection and surveillance had been provided to organizations of lesbian, gay, bisexual, transgender and intersex persons when they carried out public activities.
60. Ireland commended the effective abolition of the death penalty through its elimination from the Penal Code. It noted references to the death penalty in the Military Penal Code and encouraged Suriname to amend it. It was also concerned that Suriname’s legislative environment could interfere with the enjoyment of the right to freedom of expression. It was also concerned that the lesbian, gay, bisexual, transgender and intersex community faced discrimination.
65. As to the discrimination against lesbian, gay, bisexual, transgender and intersex persons, to which Ireland referred, the Minister stressed that they were not discriminated against either in law or in general. In a few years, Suriname would hopefully be able to report about specific legislation guaranteeing that they had equal rights. Suriname had 20 different ethnic groups with different religions and needed some kind of consensus to pass legislation on the issue. Nevertheless, it was important to note that the Ministry of Justice and Police defined the rights of lesbian, gay, bisexual, transgender and intersex persons as human rights.
111. As to the question from Australia regarding the situation of lesbian, gay, bisexual, transgender and intersex individuals, Suriname was trying to increase awareness, despite difficulties in creating acceptance among more than 20 ethnic groups.
V. Conclusions and/or recommendations
Suriname accepted the following recommendations:
133.56 Take all necessary steps to adopt legislative and other measures to explicitly prohibit discrimination on the basis of sexual orientation and gender identity (Netherlands);
133.57 Enact legislation that specifically addresses discrimination against lesbian, gay, bisexual, transgender and intersex individuals (Australia);
133.58 Adopt specific legislation to prevent discrimination based on sexual orientation or gender identity (Chile);
133.59 Take effective steps for the country’s legal framework to protect the rights of lesbian, gay, bisexual, transgender and intersex people (Brazil);
133.60 Intensify measures to prevent and sanction violence against lesbian, gay, bisexual, transgender and intersex persons (Chile);
133.61 Develop and implement training programmes for current and trainee police officers to address stigmatisation and discrimination of lesbian, gay, bisexual, transgender and intersex persons (Ireland).
Suriname noted the following recommendations:
135.33 Adopt legislation and promote measures to prevent discrimination based on race, disability, sexual orientation and gender identity (Mexico).
VI. Further information
You will find all documents relating to Suriname’s second review at UPR-Info and OHCHR’s websites.