UPR Sexual Rights Database

"National Report:
Para 9) In 2013, about forty (40) teachers from the upper secondary level were trained in gender and gender-related issues, including eliminating gender stereotypes.

Para 11) The Ministry of Home Affairs financially supports NGOs’ projects to promote gender equality and the empowerment of women. For example, in the District of Marowijne topics such as gender and gender equality were presented to the public by youth educators during a festival of art and culture. In the District of Nickerie information on gender equality was provided to the public by staff of the National Bureau for Gender Policy, during a Mini Bazaar, organized by the Sari Foundation. In 2015, male students from Technical and Vocational Education and Training (TVET) received training in the prevention of and taking responsibility in cases of teen pregnancy. They also received information about gender, while the aspect of equality between men and women was emphasized.

Para 12) The National Bureau for Gender Policy annually organizes awareness raising activities such as the publication of articles in daily newspapers, essay competitions, drawing competitions, promotion of slogans related to gender and gender based violence targeting various groups using bracelets, invoices of public utilities and paychecks of all civil servants through the Central Bureau of Mechanical Administration (Cebuma). These activities are conducted within the framework of Sixteen Days of Activism Against Gender Violence, during the period from November 25th (International Day for the Elimination of Violence against Women) to December 10th (Human Rights Day). The awareness raising activities are not only carried out in the capital Paramaribo but also in the rural districts.

Para 15) The Ministry of Justice and Police is in the process of drafting legislation to revise the Civil Code to address the situation in which women employed by companies in the private sector without the benefit of a Collective Labor Agreement, have no legal coverage for maternity leave services by their employers. Paid maternity leave for the private sector has been added to the draft Civil Code. Some companies have included paid maternity leave in their Collective Labor Agreement. For civil servants, paid maternity leave is covered by law.

Para 16) In 2013 and 2014, a couple of staff members of the National Bureau for Gender Policy received training in the following: gender equality and gender mainstreaming; development of gender indicators and the collection of data on gender; and conducting a survey. In 2014, the gender focal points of the various ministries, together with the UNDAP chairs, were also trained in a basic training on gender equality and gender mainstreaming.

Para 17) In 2015, the National Bureau for Gender Policy, was renamed the Bureau Gender Affairs (Staatsblad (S.B.) 2015, no. 33). The Bureau continues to improve its internal workings, and currently, the organizational structure with its various positions are being reviewed.

Para 20) In 2013, the Ministry of Home Affairs installed the Commission on Legislation on Gender, comprising of representatives of various ministries, civil society including women’s organizations, and the Anton de Kom University of Suriname. The Commission was tasked with, among others, identifying gender discriminatory laws and regulations, and proposing amendments to them. In January 2016, a working group was installed to amend the Personeelswet (Act on the regulation of the legal status of civil servants). With respect to government issued ID-cards, no act exists that regulates this.

Para 21) In 2014, Suriname’s National Assembly amended the Act on Regulation of the Surinamese Nationality and Residency (S.B. 2014 no. 121). Previous language of this Act was in violation of international standards, by differentiating in the treatment of men and women with respect to acquiring and losing the Surinamese nationality through marriage and divorce, enabling only non-national women (not men) who marry a Surinamese man to become a Surinamese national. The 2014 amendment reverses decades of gender discrimination in nationality laws. It brings Surinamese law in line with international standards, in particular, article 9 (1) and (2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), by removing all differentiations between men and women with respect to acquiring and losing the Surinamese nationality.

Para 22) The 2014 Amendment of the Act on Nationality and Residency also changed the situation with regard to the nationality of children. Until then, the child of a Surinamese woman, born out of wedlock, not legally recognized by the father, but born in Suriname, could acquire the Surinamese nationality. Born elsewhere, such child would be stateless. The child of a Surinamese man acquired Surinamese nationality regardless of its place of birth. These prior provisions were in violation of CEDAW, Article 9 (2). According to the 2014 Amendment, a child is now granted Surinamese nationality automatically if its father or mother is of Surinamese nationality at the time of its birth (Article 3 (a) as amended), while the other conditions for a woman to confer her nationality to her child have been removed. The explanatory memorandum to the Act states that this amendment “demonstrates the full equality of men and women (father and mother) before the Act in the establishment of the nationality of the child at birth”. Article 3 (c) of the 2014 Act retains the provision of granting Surinamese nationality to any child born on the territory who would otherwise be stateless, and Article 4 (b) retains the provision granting Surinamese nationality to foundlings or abandoned children in the country, whose parents are unknown.

Para 24) Amendment of articles 15 (2), 41, 57, and 73 (1) of the Election Act, took place in March 2005. The list of candidates and the election register no longer automatically register married women or widows under the name of their husband or late husband. Women are now being registered under their maiden name and have an option to make a special request to add their husband’s name. During the general elections of 2010, for the first time one-thousand three-hundred and sixty (1360) married women made use of this option and registered under their maiden name, adding the name of their husband, while another 297 registered adding the name of their late husband.

Para 25) Draft legislation on ‘Sexual harassment at the Workplace’ has been formulated as a combined effort of the Ilse Henar Foundation for Women’s Rights (NGO) and the National Bureau for Gender Policy of the Ministry of Home Affairs, and as a result of the 3 year program (2008–2011) on the prevention and elimination of sexual harassment at the workplace, as implemented by the Foundation. Discussion on the draft is continuing at several national platforms, involving all relevant stakeholders.

Para 27) The Gender Work Plan has been formulated and contains six priority areas: decision-making, education, health, labor, income and poverty, and violence (domestic violence and sexual violence). The Gender Work Plan 2013 is currently being evaluated

Para 29) In February and June of 2012, the National Assembly organized round table discussions aimed at sensitizing members of parliament and leaders and representatives of political parties, including women representatives, on the empowerment of women in political parties and the involvement of women in decision-making structures and at mobilizing commitment to the candidacy of women in the general elections of 2015. As an outcome of both workshops, the Speaker of the House, a female herself, commissioned the political parties to develop an action plan.

Para 30) In 2014, the National Assembly carried out the project ‘More women in decision-making 2015’. The purpose of the project was to mobilize commitments from political parties to nominate more women as candidates for parliament, in management positions or political administrative positions; to strengthen self-confidence and self-awareness of politically active women within political parties or potential female candidates (how to present yourself); increase awareness on the importance of having more women in politics. The activities in this regard included roundtable discussions on “Gender and Politics” with political parties represented in parliament; training sessions with politically active women and potential female candidates; and exposure of female candidates for parliament.

Para 31) The major aim of the activities was to strengthen the capacity of women within the political parties and to increase the number of women in decision-making bodies after the elections in 2015. In the period 2014-2015, the project ‘More female leadership in 2015’, aimed at encouraging the increase of female leadership at the political administrative level, and in the private sector, was carried out by STAS International (NGO), supported by the Ministry of Home Affairs. The development of a database of highly educated women was part of this project.

Para 32) As a result of above-mentioned activities, parliament saw an increase of female members as follows. At the 2010 general elections, the number of women elected to the National Assembly was 5 out of 51 seats (10% female, 90% male). After the general elections held in May 2015, 13 women were elected out of 51 seats (25% female, 75% male).

Para 33) After the elections of May 2015, the Bureau for Gender Affairs sent an open letter to the media, calling upon the new government to nominate and appoint women on equal terms with men to various public decision-making positions, in view of the principles of democracy.

Para 34) In the public sector a fixed salary is maintained for officials with similar job functions and positions as mandated by the Functie Informatie Systeem Overheid (FISO). Private companies with a Collective Labor Agreement also have wage ranges. With regard to small companies, mostly family-owned, it is unclear how the wage structure looks like. Measures to increase employment opportunities are directly related to poverty reduction. To eradicate poverty and strengthen social protection, a national social security system has been established through the adoption and implementation, in 2014, of three (3) social laws, namely the Minimum Hour Wage Act, the National Pension Benefits Act and the National Basic Health Insurance Act. Major beneficiaries of these interventions are women, considering they are over-represented in lower income groups, and considering the growing number of female heads of households.

Para 35) The Ministry of Education, Science and Culture has promoted a number of policies and actions aimed at eliminating factors which tend to perpetuate gender inequalities. The Basic Education Improvement Project (BEIP) management, e.g., has been instructed to include gender equality in the implementation of BEIP II 2012-2016. In 2012 and 2013, information on gender and gender related violence was provided to students from junior and senior secondary schools by the Foundation Stop Violence Against Women, at the request of the Ministry of Home Affairs. Religious leaders and teachers from secondary schools received training in gender and gender related issues, such as domestic violence, from the Bureau for Gender Affairs.

Para 36) Teachers have been trained by the Ministry of Education, Science and Culture on gender and human rights, to enable them to play an effective role in the Basic Life Skills Program. The Advanced Teacher Training Institute (IOL) teaches the subject Gender, Power and Culture within the course Dutch Language. In 2013, the government hired expertise from NGOs, in particular the ‘Foundation Projekta’, to provide gender training. Text books and illustrations related to different disciplines (history, nature education, and geography) have been revised in order to present a more gender balanced perspective. The Bureau for Gender Affairs and several NGOs are also addressing the issue of gender stereotyping. Projekta, e.g., has developed gender awareness materials for radio and television, and disseminates these through NGO partners and the government.

UN Compilation:
Para 16) Concerning universal periodic review recommendation 73.23, UNHCR welcomed the decision by Suriname to amend Law No. 4 of 24 November 1975 on Nationality and Residence to ensure gender equality in the transmission of nationality. According to UNHCR, in July 2014, the National Assembly of Suriname had passed the Draft Law on Nationality and Residency (Ontwerpwet op de Nationaliteit en het Ingezetenschap), amending the 1975 Law. The new law gave women the same right as men to confer their nationality to their spouses and introduced important safeguards to prevent statelessness due to loss of nationality.

Para 17) In that regard, earlier in 2014, the Working Group on the issue of discrimination against women in law and in practice had sent a communication to Suriname, noting that legislation in Suriname discriminated against women in that children born abroad to unmarried parents acquired Surinamese citizenship by descent if their father was a Surinamese citizen but not if their mother was."

National Report:
Para 10) In the same year, a training project named 'Intervention Domestic Violence religious leaders' was carried out. Eighty-eight (88) religious leaders from different religions (such as Christianity, Hinduism and Islam) were trained in topics such as domestic violence, the act in combating domestic violence, gender and human rights. In 2014, a three-day information session was held for young members of religious organizations, with the engagement of ten (10) religious leaders selected from the 2013 training 'Intervention Domestic Violence Religious Leaders'. During this session, the religious leaders shared information about domestic violence in relation to gender, religion and human rights. An additional objective was to enable the religious leaders to disseminate information within and outside their respective communities.

Para 13) A four-day training session 'Intervention Domestic Violence' was held in 2015, free of charge, for artists, media and personnel from the public relations departments of various ministries. In this training, coordinated by the Bureau Gender Affairs of the Ministry of Home Affairs, thirty (30) participants participated of which twenty (20) were women.

Para 14) The ultimate goal of the training was to raise awareness among the participants regarding: domestic violence and the harm it causes; their critical approach in recognizing domestic violence in all its forms, and as a result; mobilizing colleagues in combating domestic violence. The participants were trained in subjects such as, what is domestic violence; the human rights and religious perspective on the approach of domestic violence; analysis of domestic violence statistics, etc. A direct result of this training was the publication of a column regarding domestic violence in a daily newspaper, written by one of the participants.

Para 18) The Ministry of Justice and Police has executed awareness raising activities regarding domestic violence among the general public and has trained judges, prosecutors, social workers, and police and defense officials in the interpretation and implementation of the Act in Combating Domestic Violence. In 2013, officials and counselors were trained on the proper interpretation and implementation of the Act on Combating Domestic Violence. In various activities of the Bureau Gender Affairs, information was provided on the Act on Combating Domestic Violence.

Para 19) Research regarding the nature and causes of violent behavior among male perpetrators has been conducted in the District of Nickerie, with the aim of gathering information for the development of intervention programs. In this research, twenty-eight (28) male perpetrators of domestic violence between the ages of 26 and 55 years and from different ethnic background, were interviewed. The research is currently in the final stage.

Para 23) In 2015, the National Assembly revised the Penal Code. Some of the revisions improve the legal position of individuals, including women. Some amendments made are: the increased maximum penalty and exclusion of release on parole for certain offenses such as sexual offenses ...

Para 26) On April 27, 2012 the Stalking Act was adopted. According to this Act, preventive measures can be taken by the Public Prosecutor to protect those who feel violated. With regard to stalking, one-hundred thirty-seven (137) cases were registered, in the period 2012 - 11 April 2014, at the Office of the Attorney General. Ten (10) cases were referred to the judge, restraining orders were granted for six (6) cases, twenty-six (26) cases were conditionally dismissed, and thirty-six (36) cases were settled by the Public Prosecutor.

Para 28) In 2014, the 'National Policy Plan Structural Approach Domestic Violence 2014-2017' was formulated by the Steering Group Domestic Violence (in which officials from 6 ministries are represented) in collaboration with the Platform Approach Domestic Violence, which consists of representatives of relevant NGOs. The Ministry of Justice and Police has presented this plan for approval to the Council of Ministers.

Para 42) In the fight against child abuse and in support of the eradication of sexual exploitation, amendments to the Penal Code were adopted, specifically focused on the protection of children. Thus, child prostitution and indecent acts with minors are now punishable under articles 303a and 303b. The existing article on child pornography (art. 293) was expanded, while the addition of articles 295 through 306, also aim at protecting juveniles. A specific act was adopted to supervise all places of special care in order to regulate the establishment of those institutions, and to better protect the minors (Wet Opvanginstellingen, S.B. 2014 no. 7).

National Report:
Para 18) The country acknowledges that there are overdue reports to be submitted to treaty bodies and anticipates that now that the NMRF has been established, the country will be able to prepare and submit the reports timeously, systematically coordinate, engage with CSOs on the implementation of the recommendations issued by the human rights mechanisms.

Stakeholder Summary:
Para 7) JS2 regretted that Eswatini had not submitted its initial report to the CESCR yet.

National Report:
Para 47) Section 211(2) of the Constitution of the Kingdom of Eswatini provides that all citizens of Eswatini have access to land regardless of gender. However, post the Constitution, some Chiefdoms followed the traditional system of land allocation. This meant that women only accessed land through males which could either be their husbands, male relative or male child. For some women who were unmarried or widowed, access to land remained a struggle. However, it is worth mentioning that there is now a paradigm shift from the patronage system as most Chiefs are aware of the Constitutional rights of women, thus land is accessible to women without the assistance of a male. Efforts are being made to develop an information management system that will provide statistical data on this development.
Para 48) With regards to representation of women in politics, Eswatini enacted the Election of Women Members into the House of Assembly Act No. 06 of 2018 to ensure that at least 30% of women constitute the House of Assembly, thereby giving effect to section 86 of the Constitution. However, this target has not been met as currently, women legislators constitute 20.38% of the legislators, and 29% at Cabinet.
Para 49) There are still barriers that hinder women’s ability to be elected or appointed into decision making positions such as patriarchy, economic disadvantages, social stereotypes, and socio-political perceptions around women’s leadership. As a mitigating measure, Eswatini is developing a National Strategy on women’s participation in politics and decision-making. This strategy seeks to address barriers to women’s participation.
Para 50) The Elections and Boundaries Commission conducts Civic Voter education to sensitize members of the public on the electoral process before elections. Further Civil Society Organisations conduct educational vote for women campaigns to ensure women’s participation in politics and decision-making structures. Women candidates and nominees are capacitated on leadership and campaigning skills prior to Secondary Elections.

UN Compilation:
Para 56) The HR Committee noted with concern that several domestic laws contained discriminatory provisions towards women, such as the Marriage Act, and chapter 4 of the Constitution, which differentiated between men and women in the acquisition and transfer of citizenship. The Committee was also concerned that customary law and practices perpetuated inequality between men and women, in particular with regard to inheritance and property rights, and that cultural practices such as polygamy, forced marriage and bride inheritance continued to exist. The lack of equal representation of women in the public and private sectors, in particular in decision-making positions, was also a matter of concern.
Para 58) While the United Nations country team welcomed the Employment Act, which provided equal pay for equal work, it regretted that women’s participation and representation in politics and positions of influence remained a major challenge. In particular, the country team indicated that women’s representation in parliament still failed to meet the target of 30 per cent as provided for in the Constitution.

Stakeholder Summary:
Para 53) JS6 regretted that the Constitution denied to women the right to transmit citizenship to their children and foreign spouse-a right reserved for men, and that gender discrimination in Eswatini’s nationality law had resulted in wide-ranging human rights violations, including with regard to inheritance, property rights and freedom of movement. JS7 moreover stated that women did not enjoy the same rights as men to seek separation, divorce or annulment of marriage, and were politically marginalised. The authorities have not met the goal of having 30 representatives of Parliament being women.
Para 54) JS10 also noted with concern that women were very often unlawfully subjected to land grabbing, evictions and disinheritance, situation that had been heightened by the Covid-19 lockdown where victims have had very limited options to seek redress for rights violations.