CERD/C/64/CO/9
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4.
The Committee also regrets that the initial report was submitted 18 years after its due
date. It invites the State party to respect the intervals suggested by the Committee for the
submission of its future reports.
B. Positive aspects
5.
The Committee notes with satisfaction that, under the constitutional arrangements in
force in the State party, the Convention takes priority over domestic legislation.
6.
The Committee welcomes the fact that the definition of racial discrimination under
domestic law is consistent with article 1 of the Convention.
7.
The Committee notes with satisfaction that the State party’s criminal law is broadly
consistent with the requirements of article 4 (a) of the Convention.
8.
The Committee notes with interest the State party’s assurance that the number of
Maroons and indigenous people who have senior positions in the community is increasing
steadily, although there still is a great deal to be achieved.
C. Matters of concern and recommendations
9.
The Committee regrets that the long-awaited Constitutional Court, which the State party
describes as an essential mechanism for the protection of human rights, in particular in the area
of the Convention, has still not been created.
The Committee invites the State party to establish the Constitutional Court as
soon as possible.
10.
As regards the prohibition of organizations fomenting racial discrimination, the
Committee points out that the laws of Suriname do not meet the requirements of article 4 (b) of
the Convention.
The Committee recommends that the State party draft a law declaring illegal and
banning such organizations.
11.
The Committee is concerned that, more than 10 years after the 1992 Peace Accord, the
State party has not adopted an adequate legislative framework to govern the legal recognition of
the rights of indigenous and tribal peoples (Amerindians and Maroons) over their lands,
territories and communal resources.
While noting the principle set forth in article 41 of the Constitution that natural
resources are the property of the nation and must be used to promote economic,
social and cultural development, the Committee points out that this principle must
be exercised consistently with the rights of indigenous and tribal peoples. It
recommends legal acknowledgement by the State party of the rights of indigenous
and tribal peoples to possess, develop, control and use their communal lands and to
participate in the exploitation, management and conservation of the associated
natural resources.