All Comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1, 2 and 3(b). Discrimination in employment and occupation. Scope of application. Legislation. The Committee notes with interest the adoption of the Equality of Labour Treatment Act (SB 2022 No. 137) that defines and prohibits direct and indirect discrimination on the basis of race, sex, religion, skin colour, ethnic origin, national origin, social origin, sexual orientation, gender identity, political opinion, affiliation, disability, HIV status and other chronic conditions, family responsibility, pregnancy, age or marital status “when entering into the employment contract, when providing training to the employee, in the employment conditions, in working conditions, when promoting and when terminating the employment contract” (section 4). The Committee notes that: (1) the Act addresses all aspects of employment but does not cover access to vocational training for non-employees nor access to a particular occupation; (2) the preamble of the Act refers to the prevention of discrimination and the promotion of equal treatment in employment; (3) the National Commission on Inclusive Employment, established under Article 12 of the Act, is mandated to advise on the action to be taken to “achieve equal treatment in relation to employment”; and (4) the Government states, in its report, that the Act addresses both equality of treatment and equality of opportunity, in conformity with the Convention. The Committee asks the Government to clarify whether the Equality of Labour Treatment Act’s reference to “national origin” includes national extraction as set out in Article 1(1)(a) of the Convention, and to explain how the Act promotes equality of opportunity in practice. It also requests information on the adoption of the civil service regulations required under section 11a, including a copy of those regulations. Finally, the Committee asks the Government to indicate what measures are planned to ensure equality of opportunity and treatment in areas of employment and occupation not covered by the Act, such as non-discriminatory access to land, credit and other resources necessary to pursue an occupation.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption of the Violence and Sexual Harassment in the Workplace Act (SB 2022 No. 136) prohibiting violence, harassment and sexual harassment in the workplace (section 3) - including but going beyond the physical workplace understood as public and private spaces in a domestic setting where the work is performed (sec. 2(2)) - in vocational training and in access to employment (sec. 2(3)). The Committee notes that the Act requires the employer to: (1) take disciplinary measures against any employee, at any level in the workplace, who deliberately engages in violence, intimidation, or sexual harassment at the workplace (sec. 3(2)); and (2) to enter into a collective labour agreement, after consultations with the trade union authorized, or in the absence thereof, with the collective of employees, to establish a written policy to prevent violence, intimidation, and sexual harassment in the workplace, as well as to record and address any incidents that occur (sec. 4(1)). The Committee notes the Government’s statement that the Act includes a prohibition of both quid pro quo and hostile work environment sexual harassment. Noting that the definition of sexual harassment contained in section 1(1)(h) of the Violence and Sexual Harassment in the Workplace Act appears to focus on quid pro quo (“this for that”) sexual harassment, the Committee requests the Government to: (i) indicate how hostile work environment is addressed under the Act; (ii) specify whether the prohibition of sexual harassment under the Act extends to work performed in an occupation; (iii) clarify whether and how the Act addresses sexual harassment by employers, clients or other persons met in connection with performance of work duties; (iv) provide information on the adoption of the regulations for civil servants mandated under section 12 of the Act and a copy of those regulations; (v) supply a copy of the report to be prepared by the Ministry of Labour, Employment and Youth Affairs in compliance with section 11 of the Act; and (vi) inform on any preventive measures adopted concerning both employment and occupation.

Article 1(2). Inherent requirements of the job. In response to its previous request, the Government informs that there have been no relevant cases brought before national courts or to the attention of the Ministry Labour, Employment Opportunity and Youths Affairs, including the Labour Inspectorate, concerning the application of section 3(2) of the Labour Exchange Act and sections 2(2) and 2(3) of the Maternity Protection Act or article 27 of the Constitution. The Committee also notes that section 3 (3) of the Equality of Labour Treatment Act provides for exceptions with regard to discrimination based on religion and sex in respect of: (1) employment relationships within religious communities and their autonomous parts and bodies in which they are organized, as well as within other communities based on spiritual principles; (2) spiritual office; (3) professional activities of actors, actresses, singers, female singers, dancers, female dancers, or artists, where the activity involves portraying specific roles; and (4) other professional activities as designated by or pursuant to state decree. The Committee recalls that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible. 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 (see 2012 General survey on the fundamental Conventions, para. 828). The Committee once again requests the Government to: (i) 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; and (ii) 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; and (iii) provide examples of application of section 3(3) of the Equality of Labour Treatment Act, in particular the type of jobs for which the exemption has been granted.

Article 4. Security of the State. The Committee notes the Government’s indication that it has sought information from the Ministry of Justice and Police concerning the application of sections 129, 133, 135, 143 and 149 of the Penal Code. The Committee trusts that the Government will provide examples of application of sections 129, 133, 135, 143 and 149 of the Penal Code in its next report, that will allow assessing whether 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 notes that section 4 of the Equality of Labour Treatment Act refers to the possibility of adopting provisions intended to eliminate or reduce disadvantages, provided that the distinction is reasonably proportionate to the intended objective (sec. 4(4)). The Committee also notes the Government’s indication that the Mid-Term Labour Market Policy 2022–2025 includes the goal of increasing the percentage of enrolment of people with disabilities in ‘work-based learning’ programmes and in technical and vocational education and training programmes. On the other hand, the Committee notes the concerns expressed by the UN Committee on the Elimination of Racial Discrimination (UN CERD) about the lack of information on special measures taken by Suriname to address the structural discrimination faced by indigenous and tribal peoples, and migrants, refugees and asylum seekers (CERD/C/SUR/CO/16-18, 21 September 2022, para. 11). The Committee requests the Government to provide information on any special measure adopted, including measures adopted in accordance with section 4 of the Equality of Labour Treatment Act and in the framework of the Mid-Term Labour Market Policy 2022–2025, to promote equality of opportunity and treatment in employment and occupation for categories in need of special protection or assistance, and their impact. It again encourages the Government to consult with the social partners and other interested groups about the measures needed to remedy the effects of past and present discriminatory practices and to promote equal opportunities for all in employment and occupation.

Maternity protection. The Government informs about the absence of examples of application of section 2(2)(b) of the Maternity Protection Act, given the lack of complaints lodged with the courts and cases brought to the attention of the Labour Inspectorate. The Committee also notes that section 4 of the Equality of Labour Treatment Act refers to the possibility of adopting provisions aimed at the protection of women, particularly in relation to pregnancy and motherhood (sec 4(3)). The Committee requests the Government to provide information on any special measure adopted pursuant to section 4(3) of the Equality of Labour Treatment Act to protect women, in particular with regard to pregnancy and maternity, and to continue to review and inform about the implementation of section 2(2)(2)b of the Maternity Protection Act.

Articles 1 to 3. National policy for equality of opportunity and treatment. Referring to its previous comments, the Committee notes that section 13 of the Equality of Labour Treatment Act entrusts the Inclusive Labour Market Commission with the tasks of, among others, conduct research on discrimination in the labour market and monitor the position of vulnerable groups, make proposals for multi-years plans aimed at achieving equality in employment, and consult with employers, workers, civil society groups, local authorities and indigenous and tribal peoples. The Committee also notes the Government’s indication that it would like to receive the technical assistance of the ILO to undertake a study assessing the present situation concerning equality of opportunity and treatment in employment and occupation for the national population with respect to, at least, all the grounds of discrimination prohibited under the Convention. The Government indicates that such study could be undertaken under the Decent Work Country Program Suriname III (2023–2026). The Committee asks the Government to report on progress toward adopting the multi-year equality plan, including steps taken, consultations held, and assessments of the situation of different groups regarding equality of opportunity and treatment in employment and occupation. It also requests information on the specific measures adopted or planned to address all grounds of discrimination listed in Article 1(1)(a) of the Convention and to promote equality in practice, as well as the results achieved. The Committee further reiterates its request for statistical data, disaggregated by ethnic origin and geographical location, on the distribution of men and women across sectors and occupations.

Equality of opportunity and treatment irrespective of social origin. Rural workers. The Government indicates that measures under the Decent Work Country Programme (DWCP) III 2023–2026 are also implemented in the rural areas, but there is no specific program designed or implemented in the rural areas to curb discrimination. The Committee notes that the DWCP refers to the limited capacity in the national education and training system, including limited provision in rural and interior areas, as a principal barrier to the realization of decent work in Suriname. The Committee requests the Government to take specific measures to address current barriers to the enjoyment of equality of opportunity and treatment in respect of employment and occupation, including education and vocational training, faced by men and women rural workers and to provide information in this respect, including information on the impact of the measures adopted under the Decent Work Country Programme upon enhancing equality of opportunity and treatment in employment and occupation for these workers. It also requests the Government to assess, in collaboration with the social partners and the interested groups, the situation in employment and occupation of rural workers and the discrimination faced by them, including through dedicated studies and surveys, in order to inform the formulation and evaluation of appropriate measures, considering the effects of multiple forms of discrimination.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as access employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities, and gender roles and stereotypes. The Committee refers, in this regard, to its comments above on Convention No. 111.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value.Legislation. The Committee notes with interest that the Equality of Labour Treatment Act enshrines the principle of equal remuneration for work of equal value (sec.2). It however notes that the Act does not contain a definition of the concept of “remuneration”. In this regard, the Government states that “remuneration” in the Act is understood in line with the principle of the Convention. Concerning the Private Employment Agency Act S.B. 2017 No. 42, the Government indicates that the section 12 of this Act refers to the concept of “work of equal value”, but, following a 2023 amendment (S.B. 2023 No. 137) it is now allowed to pay temporary agency workers 75 per cent of what is paid to employees in direct employment performing work of equal value. In addition, the Committee notes the Government’s statement that, on 06 September 2024, the Minister of Labour, Employment Opportunity and Youth Affairs formally notified the Minister of Justice and Police, who is responsible of issues relating to the content of the Constitution, to make endeavours to amend article 28(a) of the Constitution to refer to the principle of “equal pay for work of equal value”. The Committee requests the Government to: (i) provide examples of application of the Equality of Labour Treatment Act, including any relevant initiative undertaken by the National Commission on Inclusive Employment, that show that the concept of “remuneration” in the Act is applied in practice in line with the definition in Article 1 (1)(a) of the Convention; (ii) clarify the rationale behind the 2023 amendment to the Private Employment Agency Act and how it is ensured that such amendment does not run counter to the application of the principle of equal remuneration for men and women for work of equal value, including information on any complaint brought before the competent authorities; and (iii) provide information on any developments concerning the amendment of article 28(a) of the Constitution to include the principle of equal remuneration for work of equal value.

Article 2. Wage-fixing mechanisms. Minimum wages. Referring to its previous comments, the Committee notes the Government’s indication that the National Wage Council has, so far, advised on a general minimum wage, calculating it on the basis of: (1) the poverty level set by the General Bureau of Statistics and the tripartite and inter-ministerial Poverty Level Commission under the Ministry of Labour, Employment Opportunity and Youth Affairs; and (2) the minimum wages agreed in several collective agreements. It also notes that the Minister of Labour, Employment Opportunity and Youth Affairs formally requested the National Wage Council to indicate how the principle of the Convention is taken into account in its work. Concerning the FISO system (Function Information System for the Civil Service), the Government informs that the FISO-system consists of 13 Job Scales, covers the whole government administration and involves a system of job description, job evaluation, pay structure and series. The basic principle is that all jobs of equal weight (equal number of points) are positioned in an equal job group and job scale. The Committee notes the Government’s affirmation that the FISO system is based on the principle of the Convention. The Committee requests the Government to: (a) clarify whether, and how, the National Wage Council applies the principle of equal remuneration for men and women for work of equal value; and (b) provide examples of job groups and scales as classified in the FISO system (Function Information System for the Civil Service) as well as information on the methodology used to establish the weight of jobs.

Collective bargaining. The Committee hopes that the Government will be able to provide copies of existing collective bargaining agreements setting wages with its next report, in order to assess whether the agreements refer explicitly to the principle of the Convention.

Article 3. Objective job evaluation methods. The Committee notes that the Equality of Labour Treatment Act mandates the Minister of Labour, Employment Opportunity and Youth Affairs, in consultation with the most representative organizations of employers and workers, to issue guidelines regarding equal pay for work of equal value within 12 months after the entry into force of the Act. These guidelines will relate to: (1) the method of determining the value of labour; (2) the job evaluation method and its requirements; and (3) the prevention of gender stereotyping. Until these guidelines are issued, the provisions specifically related to points 1–3 will not come into effect (sec 11). The Committee requests the Government to provide a copy of the Guidelines on Equal Pay for Work of Equal Value mandated under the Equality of Labour Treatment Act and information on the mechanisms in place to promote and monitor their use. The Committee also reiterates its requests for 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.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Co-operation with workers’ and employers’ organizations. The Committee notes that the tripartite National Commission on Inclusive Employment, established in accordance with section 12 of the Equality of Labour Treatment Act, was inaugurated by the Minister of Labour, Employment Opportunity and Youth Affairs in March 2023. It notes that the Commission is tasked, among other things, with monitoring compliance with ILO Conventions and other equality-related treaties concerning labour; designing a nationwide and multilingual awareness plan; developing guidelines for the implementation of the principle of equal pay for work of equal value, including the use of objective job evaluations and the establishment of job classification systems; and identifying the need for capacity-building within government, employers’ and workers’ organizations. The Committee requests the Government to provide information on the work undertaken by the tripartite National Commission on Inclusive Employment.

Statistics. The Government reiterates that the collection of statistical information will become possible after the adoption of the draft Workers Registration Act, which is still pending before the National Assembly. Recalling thatappropriate statistical data need to be collected to undertake an assessment of the nature and extent of the gender pay gap, the Committee expresses the firm hope that in its next report the Government will be able to share statistical information disaggregated by sex, on the remuneration of workers, classified by branch of economic activity, occupations and geographical area.

Enforcement. The Committee notes the Government’s statement that, within the framework of the Decent Work Country Programme, it is making efforts to raise awareness of the relevant legislation among enforcement authorities, enhance their capacity and examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Government also informs that, during the reporting period, no cases involving the application of the Conventions were dealt with by the competent authorities, nor were violations detected by the labour inspectors. The Committee notes that section 14 of the Equality of Labour Treatment Act and section 5 of the Violence and Sexual Harassment in the Workplace Act both provide for the mandatory establishment of an internal complaints committee and complaints procedure by employers who employ more than 30 employees. In a company with fewer than 30 employees, an employer, if he/she is unable to handle a complaint himself/herself, shall make a report to the Labour Inspectorate with the request to investigate the complaint received (sections 16 and 7, respectively). It also notes that the Labour Inspectorate is tasked to produce biennial reports on recorded trends of instances of discrimination and violence and harassment pursuant to section 18 of the Equality of Labour Treatment Act and section 11 of the Violence and Sexual Harassment in the Workplace Act. On the other hand, the Committee notes that UN Human Rights Committee is concerned, among other things, by: (1) the absence of complaints relating to discrimination, which may reveal a lack of public awareness of the legal remedies available, a lack of trust in the judicial system and fear of reprisals; and (2) the obstacles to access to justice for indigenous and tribal peoples, including the lack of recognition of collective legal personality or collective rights, as well as geographical, cost, language and educational barriers (CCPR/C/SUR/CO/4, paras 13 and 27). The Committee asks the Government to provide detailed information on measures taken under the Decent Work Country Programme to strengthen the application of the Conventions, including actions to raise awareness of the legislation, build the capacity of enforcement authorities and social partners to address discrimination, and remove barriers to access justice. It also requests data on complaints of discrimination or sexual harassment under the Equality of Labour Treatment Act and the Violence and Sexual Harassment in the Workplace Act, relevant judicial decisions, and copies of the reports required under both Acts. In addition, the Committee reiterates its request for information on the practical application of section 2(1) of the Maternity Protection Act, including violations identified by labour inspectors and complaints submitted to competent bodies.

Article 1(1)(a) of the Convention. Discrimination based on sex. Scope. Public Service. The Government reiterates in its report that the Ministry of Labour, Employment Opportunity and Youth Affairs will request the Minister of Home Affairs to repeal any discriminatory provision in the Civil Servants’ Act, including the 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. In the meanwhile, the Minister of Home Affairs has informed that the latter provision is not applied in practice and is “a dead letter”. The Committee also notes the Government’s indication that the regulations for civil servants mandated under the Equality of Labour Treatment Act, the Violence and Sexual Harassment in the Workplace Act, and the Maternity Protection Act have not yet been adopted. The Committee urges the Government to: (i) repeal any discriminatory provision in the Civil Servants’ Act; and (ii) take the necessary steps to ensure the adoption of the mandated regulations for civil servants under the Equality of Labour Treatment Act, the Violence and Sexual Harassment in the Workplace Act, and the Maternity Protection Act. The Committee requests the Government to provide information on any developments in this regard.

Articles 1 to 3. Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous and tribal peoples. The Committee notes with concern that the Indigenous and Tribal Peoples’ Collective Rights Act has not yet been adopted. It notes from the Government’s report of 2024 on the national review of the implementation of the Beijing Declaration and Platform for Action +30 that various activities have been implemented to improve the livelihoods of indigenous and tribal peoples, including: pilot rice production projects, training in climate-smart agricultural practices, business coaching, and delivery of agricultural tools and machinery. On the other hand, the Committee notes that the UN Human Rights Committee expressed concerns about, among others: (1) reports indicating that the State is selling or leasing public lands to private entities before the Indigenous and Tribal Peoples’ Collective Rights Act is adopted; and (2) the fact that judgments of the Inter-American Court of Human Rights regarding the rights of Indigenous and tribal peoples, particularly in the cases of Moiwana Community v. Suriname (2005), Saramaka People v. Suriname (2007) and Kaliña and Lokono Peoples v. Suriname (2015), have been only partially implemented (CCPR/C/SUR/CO/4, 28 August 2024, para. 47). The Committee also notes that the UN Committee on the Elimination of Racial Discrimination (CERD) is concerned about: (1) the lack of measures taken to address pervasive and persistent discrimination against indigenous and tribal peoples in respect of property rights and with regard to the enjoyment of their cultural and economic rights in natural reserves established on their ancestral lands; and (2) the limited access of those living in remote areas to adequate public services, education and healthcare (CERD/C/SUR/CO/16-18, 21 September 2022, paras 23 and 29). The Committee furthermore notes from the End of mission statement by the UN Working Group of Experts on People of African Descent following its country visit to Suriname (24 March to 2 April 2025): (1) the difficult access for children of African descent to secondary and high schools reportedly due either to the lack of such schools in the districts where they live, or to the poor quality of education; and (2) the lack of employment opportunities and economic empowerment, with securing loans being a singularly humiliating and exhausting experience because of prolonged application process. The Committee urges the Government to: (i) take all necessary measures to ensure the adoption of the Indigenous and Tribal Peoples’ Collective Rights Act without further delay; (ii) take proactive measures, in consultation with the social partners and the concerned groups, to eliminate discrimination and ensure equality of opportunity and treatment in employment and occupation for indigenous and tribal peoples, including measures to improve access to education, promote and ensure access to material goods and services required to carry out an occupation, such as secure access to land, and access to credit and resources, without discrimination, and protect the rights of the concerned communities pending the official recognition of their rights, and (iii) provide detailed information on the measures taken in respect of all the above.

Equality of opportunity and treatment for men and women. The Government indicates that: (1) no special measures were taken to address discrimination and promote equality of opportunity and treatment for men and women in employment and occupation neither under the Gender Vision Policy Document 2021–35 nor under the National Development Plan 2017–2021; and (2) no specific measures were adopted to tackle the multiple forms of discrimination in employment and occupation faced by rural women, Maroon women and indigenous women, nor to favour shared family responsibility between men and women and address gender stereotypes affecting women’s access to and advancement in employment and occupation. The Committee notes from the Beijing+30 national report that the Bureau Gender Affairs of Ministry of the Home Affairs (MoHA), regularly provides training and information sessions on gender and gender-related issues, including gender biases and stereotypes regarding the roles and responsibilities of men and women in the family and society, to various target groups on own initiative or at the request of organizations. Since 2021 gender is included in the curricula of the Higher Vocational Education of the Civil Servants of MoHA. The Committee emphasizes that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objective. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see 2012 General survey on the fundamental Conventions, para. 856). The Committee urges the Government to intensify its efforts to eliminate discrimination and to ensure genuine equality of opportunity and treatment for men and women in employment and occupation. The Committee requests detailed information on the concrete and targeted measures adopted for this purpose, including: (i) robust initiatives aimed at addressing and overcoming the multiple and intersecting forms of discrimination experienced by rural women, Maroon women, and indigenous women in the world of work; and (ii) comprehensive policies and programmes designed to promote equitable sharing of family responsibilities between men and women.

The Committee is raising other points in a request addressed directly to the Government.

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
Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in reply to its previous comment, that amending the Constitution is a lengthy process but that it takes note of the Committee’s recommendation to amend article 28(a) of the Constitution to give full expression to the principle of equal remuneration for work of equal value. The Committee also notes the Government’s statement that the draft Equality of Treatment Act is still with Parliament for approval, but that the Government will consider the insertion of a definition of “remuneration” in the legislation once it is returned from Parliament. The Committee requests the Government to provide information on:
(i)the progress achieved in amending Article 28(a) of the Constitution of Suriname to refer to the principle of “equal pay for work of equal value” as opposed to “equal pay for equal work”;
(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; and
(iii) any developments in relation to the adoption of the draft Equality of Treatment Act. With regard to the latter, the Committee encourages the Government to include, in the draft Equality of Treatment Act to be examined by Parliament, 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(2)(b) and (c). Measures to promote equal remuneration. Collective agreements and minimum wages. The Committee refers to its previous comment and notes the Government’s reply that all collective bargaining agreements use structured and gender-neutral wage systems to remunerate employees, at all levels, most of the time excluding top management. The Government adds that these wage systems (pay scales) are an integral part of the collective bargaining agreements and are included in an addendum to the agreement. The Committee further notes the Government’s indication that the National Wage Council was established on 28 April 2021, and that its first point of order will be to determine a new general minimum wage after consulting the primary stakeholders. In this regard, the Committee refers to paragraph 683 of its 2012 General Survey on the fundamental Conventions. The Committee recalls that, for the public sector, workers are paid according to a remuneration scale established under the FISO (Function Information System for the Civil Service). It notes the Government’s general indication that, since the FISO is a gender-neutral system, “the principle of equality is incorporated in the system”. The Committee requests the Government to:
(i) provide copies of existing collective bargaining agreements setting wages, in order to assess whether the agreements refer explicitly to the principle of the Convention;
(ii) continue to provide information on the activities of the National Wage Council and how it takes into account the application of the principle in advising the Government on a general or sectoral minimum wages; and
(iii) clarify whether, and how, the application of the principle of equal pay for work of equal value was taken into account in the establishment of the FISO system.
Article 3. Objective job evaluation. The Committee notes the Government’s reply to its previous comment that, with regard to collective bargaining agreements, the Ministry of Labour, Employment Opportunity and Youth Affairs has asked that all employers indicate the manner in which a system of objective job appraisal is being implemented, and that it will supply the gathered information in due course. With respect to the public sector, the Government indicates that no evaluation of jobs in sectors with a high proportion of women has taken place and that the criteria used to evaluate the jobs covered by the FISO include: skills/education, responsibilities, working experience and level of internal and external networking, and working conditions. In this regard, the Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see the 2012 General Survey, para. 701). The Committee further notes the Government’s indication that the draft Equality of Treatment Act, in its section 7, defines “objective job appraisal” and provides detailed guidelines for the use of gender neutral job appraisals. However, the Committee understands that section 7 of the draft law deals with exceptions to the prohibition of discrimination in employment and occupation, rather than objective job evaluations for the purpose of equal remuneration. The Committee therefore recalls 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 asks the Government to indicate:
(i) how it is ensured that the method used for the objective evaluation of jobs by the FISO is free from gender bias; and
(ii) whether it is envisaging the insertion of a provision requiring the conduct of objective job evaluations in the draft Equality of Treatment Act.
The Committee also once again requests the Government to:
(i) promote objective job evaluations 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); and
(ii) provide information, once available, 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.
Article 4. Cooperation with workers’ and employers’ organizations. In reply to the Committee’s previous comment, the Government indicates that the application of the principle of the Convention has not yet been addressed by the Labour Advisory Board. The Committee requests the Government to provide information on:
(i) the activities of the Labour Advisory Board and the National Wage Council, in relation to the effective application of the principle of equal remuneration for men and women for work of equal value; and
(ii) the establishment of the tripartite National Commission on Equality of Treatment.
Statistics. The Committee notes the Government’s indication that no statistical data is available. It notes, from the Government’s report on the application of the International Covenant on Civil and Political Rights that, while efforts have been made to strengthen data collection systems, the availability of appropriate qualitative and quantitative disaggregated data remains a challenge. The Government acknowledges the need to move forward towards setting up an institution or mechanism to collect the necessary data for human rights reporting (CCPR/C/SUR/4, January 2022, para. 24). 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 once again requests the Government to:
(i) collect statistical data disaggregated by sex on the remuneration of workers, classified by branch of economic activity and occupations; and
(ii) report on the adoption of the draft Workers Registration Act. The Committee once again refers to itsgeneral observation adopted in 1998 on the application of the 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
Article 1 of the Convention. Prohibition of discrimination and scope of application. Legislation. The Committee previously noted the absence, in the national legislation, of a definition of discrimination and 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. It also noted that the draft Equality of Treatment Act prohibited both direct and indirect discrimination on all grounds listed under Article 1(1)(a) of the Convention and also included the grounds of pregnancy, marital status, age and family responsibility.The Committee notes, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the draft Equality of Treatment Act has yet to be adopted by Parliament. With regard to the Committee’s previous comment on the application of section 2(1) of the Maternity Protection Act, the Committee notes the Government’s indication that no violations have been detected by the labour inspectorate and that no complaints have been filed with the courts. The Committee once again asks 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 and 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 requests the Government to take all the necessary measures to ensure that the draft Equality of Treatment Act is adopted in the near future; and to provide information on the progress achieved (and a copy once adopted). In the meantime, recalling that protection against discrimination in employment and occupation is only partially addressed by articles 8, 27 and 28 of the Constitution, the Committee once again asks the Government to:
(i) provide information on how the above-mentioned articles 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; and
(ii) indicate how it is ensured that the same protection is applied to all workers in all sectors of activity. The Committee once again asks the Government to provide information on the practical application of section 2(1) of the Maternity Protection Act, including any violations detected by the labour inspectorate and any complaints filed with courts and other competent authorities.
Public sector. In reply to the Committee’s previous request that the Government provide information on the application of the Convention to workers in the public sector, the Government states that it will report on the progress made in due time. As to the Committee’s request that the Government repeal the discriminatory provisions in the Civil Servants Act 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, the Government replies that this query will be forwarded to the Ministry of Home Affairs who will see what possibilities exist to make the proposed amendments. The Committee therefore once again urges the Government to repeal any discriminatory provision in the Civil Servants’ Act, including the two sex discriminatory provisions identified above, and to provide information on any developments in this respect. The Committee also once again 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).
Article 1(2). Inherent requirements of the job. With reference to its previous comment, the Committee notes the Government’s reply that no complaints have been brought to the courts. It does not provide examples of the application of existing legislation concerning inherent requirements. The Committee therefore once again requests the Government to:
(i) 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; and
(ii) 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. In reply to the Committee’s previous comment, the Government indicates that the draft Equality of Treatment Act provides for the creation of a Working Group that will be tasked with the development of a national equality policy, in cooperation with the social partners. The Government further states that no studies regarding the current situation have been performed and that no statistical information is available yet. It adds that, when the new law enters into force, additional and specific measures will be taken and more information will become available. 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, and refers to paragraphs 841 et seq of the General Survey on the fundamental Conventions, 2012 in this regard. The Committee asks the Government to take all the necessary measures to adopt, as soon as possible and in cooperation with the social partners and other interested groups, a national equality policy. It also, once again:
(i) encourages the Government to undertake a study assessing the present situation concerning equality of opportunity and treatment in employment and occupation for 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 for men and women. The Committee refers to its previous comment and notes that the Government’s report does not provide any new information on this point.The Committee notes, from the Government’s report on the follow-up to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Bureau for Gender Affairs was in the process of evaluating the implementation of the activities of 2019. In this follow-up report, the Government also indicates that through the Technical Assistance Agreement, which the Ministry of Home Affairs signed in 2019 with the Islamic Development Bank, policymakers and government officials receive awareness-raising sessions on the importance of comprehensive, consistent and coherent legal reform to achieve substantive equality of women and men (CEDAW/C/SUR/FCO/4-6, 19 October 2020, paras. 5 and 16). The Committee also notes, from the Government’s report on the application of the International Covenant on Civil and Political Rights, that the Bureau for Gender Affairs regularly provides training and information sessions on gender and gender-related issues to various target groups. The Government indicates that in these sessions, gender biases and stereotypes regarding the roles and responsibilities of men and women in the family and society are addressed. The report adds that both national and international studies show that Suriname lags behind with the participation of women in decision-making positions. After the 2010 general elections, the proportion of women representatives in the Parliament was at 10 per cent, it rose to 25,5 per cent in 2015 and to 33 per cent in 2020 (CCPR/C/SUR/4, January 2022, paras. 43 and 45). The Committee once again asks the Government to provide information on:
(i) the measures taken to address discrimination and promote equality of opportunity and treatment for 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;
(ii) 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
(iii) 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.
The Committee also asks the Government to continue to provide information on the activities of the Bureau for Gender Affairs in relation to ensuring equality of opportunity and treatment for men and women.
Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous and tribal peoples. In reply to its previous comment, the Committee notes with regret the Government’s indication that the draft Law on the Collective Rights of Indigenous and Tribal People is still awaiting consideration by the National Assembly. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concerns over the fact that, pending the adoption of a comprehensive anti-discrimination law, the applicable national legislative framework lacks an explicit definition of racial discrimination and that it does not expressly prohibit both direct and indirect racial discrimination in the public and private spheres. The CERD also outlined the lack of data on complaints of racial discrimination, as well as on investigations, prosecutions, convictions and sanctions imposed by domestic courts (CERD/C/SUR/CO/16-18, 21 September 2022, para. 9). The Committee asks the Government to provide information on any development regarding the adoption of the law. It also asks the Government to indicate how it is ensured that the principle of equality of opportunity and treatment irrespective of race, colour and national extraction is ensured in practice in particular regarding the rights of indigenous and tribal peoples.
Equality of opportunity and treatment irrespective of social origin. Rural workers. In reply to the Committee’s previous comment, the Government indicates that, there is still no information available on this point. The Committee notes that the CERD expressed concern, in its concluding observations, about the limited access of those living in remote areas to adequate public services, education and health care (CERD/C/SUR/CO/16-18, para. 29). The Committee therefore asks the Government to:
(i) step-up its efforts to 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) take measures to promote equality of opportunity and treatment in employment and occupation for men and women rural workers, including access to education and vocational training.
Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the indication of the Government that the Labour Advisory Board has not undertaken any initiatives in cooperation with the social partners to promote the principles of the Convention, but that the Minister of Labour, Employment Opportunity and Youth Affairs will encourage the Labour Advisory Board to include this topic on its next agenda. The Committee asks the Government to:
(i) provide information on any initiative undertaken in cooperation with the organizations of workers and employers to promote the principle of the Convention, in the framework of the Labour Advisory Board or otherwise; and
(ii) indicate if the National Commission on Equality of Treatment has been established and, if so, provide information on its activities.
Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. With reference to its previous comment, the Committee notes the Government’s reply that the provisions which apply to the security of the State are summarized in sections 129, 133, 135, 143 and 149 of the Penal Code. The Committee notes that the Government reiterates its statement that everyone sentenced has the right to appeal the sentence, but it notes that the Government does not provide information on how it is ensured that, in practice, the restrictions adopted in respect of employment and occupation comply with Article 4 of the Convention. In this regard, the Committee once again refers to paragraph 834 of its 2012 General Survey. The Committee once again asks the Government to provide examples of the application of sections 129, 133, 135, 143 and 149 of the Penal Code, 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 notes the Government’s statement that it has not yet adopted special measures in favour of specific groups of persons. Referring to its previous comment, the Committee encourages the Government, after consultation with representative employers' and workers' organisations, to consider the adoption of special measures to promote equality of opportunity and treatment in employment and occupation for categories in need of special protection or assistance, including persons with disabilities; and asks the Government to provide information on any developments in this regard.
Maternity protection. In reply to its previous comment, the Committee notes that the Government declares that there are still no specific cases regarding the application of the Maternity Protection Act. 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 the 2012 General Survey, paragraph 839). The Committee therefore once again asks the Government to provide concrete examples ofdistinctions based on sex, made in application of section 2(2)(b) of the Maternity Protection Act with the objective of protecting women, in particular with regard to pregnancy and maternity.
Enforcement. The Committee notes the Government’s indication that no measures have been adopted to enhance the capacity of the enforcement authorities or social partners. It also notes that, once again, the Government declares that there have been no judicial decisions and cases related to the application of the Convention. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed. The Committee also stresses the need to collect and publish information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms (see the 2012 General Survey, 2012, paras 850, 870 and 871). The Committee encourages the Government to:
(i) raise awareness of the legislation among relevant authorities, social partners, and the general public;
(ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials; and
(iii) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.
The Committee also again asks the Government to provide information on:
(i) judicial decisions and cases dealt by competent bodies involving issues related to the application of the Convention;
(ii) any violations in this respect brought to the attention of or detected by the labour inspectors, and their outcomes; and
(iii) 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 that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee refers to its previous comment and notes the Government’s confirmation that the draft Violence in the Workplace and Sexual Harassment Act has been amended to include the prohibition of sexual harassment in vocational training, access to employment and performing work in an occupation. The Government also confirms that the protection against sexual harassment includes harassment by co-workers and clients and other persons met in connection with the performance of work as well as employers and supervisors. However, the Committee notes with regret that the draft Bill has not been adopted yet. The Committee therefore asks the Government to: (i) ensure that the draft Violence in the Workplace and Sexual Harassment Act includes a prohibition of both quid pro quo and hostile work environment sexual harassment; (ii) take all the necessary measures to ensure its adoption in the nearest future; and (iii) provide information on any developments in this respect, as well as a copy of the Act once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in reply to its previous comment, that amending the Constitution is a lengthy process but that it takes note of the Committee’s recommendation to amend article 28(a) of the Constitution to give full expression to the principle of equal remuneration for work of equal value. The Committee also notes the Government’s statement that the draft Equality of Treatment Act is still with Parliament for approval, but that the Government will consider the insertion of a definition of “remuneration” in the legislation once it is returned from Parliament. The Committee requests the Government to provide information on:

(i)the progress achieved in amending Article 28(a) of the Constitution of Suriname to refer to the principle of “equal pay for work of equal value” as opposed to “equal pay for equal work”;
(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; and
(iii)any developments in relation to the adoption of the draft Equality of Treatment Act. With regard to the latter, the Committee encourages the Government to include, in the draft Equality of Treatment Act to be examined by Parliament, 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(2)(b) and (c). Measures to promote equal remuneration. Collective agreements and minimum wages. The Committee refers to its previous comment and notes the Government’s reply that all collective bargaining agreements use structured and gender-neutral wage systems to remunerate employees, at all levels, most of the time excluding top management. The Government adds that these wage systems (pay scales) are an integral part of the collective bargaining agreements and are included in an addendum to the agreement. The Committee further notes the Government’s indication that the National Wage Council was established on 28 April 2021, and that its first point of order will be to determine a new general minimum wage after consulting the primary stakeholders. In this regard, the Committee refers to paragraph 683 of its 2012 General Survey on the fundamental Conventions. The Committee recalls that, for the public sector, workers are paid according to a remuneration scale established under the FISO (Function Information System for the Civil Service). It notes the Government’s general indication that, since the FISO is a gender-neutral system, “the principle of equality is incorporated in the system”. The Committee requests the Government to:

(i)provide copies of existing collective bargaining agreements setting wages, in order to assess whether the agreements refer explicitly to the principle of the Convention;
(ii)continue to provide information on the activities of the National Wage Council and how it takes into account the application of the principle in advising the Government on a general or sectoral minimum wages; and
(iii)clarify whether, and how, the application of the principle of equal pay for work of equal value was taken into account in the establishment of the FISO system.

Article 3. Objective job evaluation. The Committee notes the Government’s reply to its previous comment that, with regard to collective bargaining agreements, the Ministry of Labour, Employment Opportunity and Youth Affairs has asked that all employers indicate the manner in which a system of objective job appraisal is being implemented, and that it will supply the gathered information in due course. With respect to the public sector, the Government indicates that no evaluation of jobs in sectors with a high proportion of women has taken place and that the criteria used to evaluate the jobs covered by the FISO include: skills/education, responsibilities, working experience and level of internal and external networking, and working conditions. In this regard, the Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see the 2012 General Survey, para. 701). The Committee further notes the Government’s indication that the draft Equality of Treatment Act, in its section 7, defines “objective job appraisal” and provides detailed guidelines for the use of gender neutral job appraisals. However, the Committee understands that section 7 of the draft law deals with exceptions to the prohibition of discrimination in employment and occupation, rather than objective job evaluations for the purpose of equal remuneration. The Committee therefore recalls 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 asks the Government to indicate:

(i)how it is ensured that the method used for the objective evaluation of jobs by the FISO is free from gender bias; and
(ii)whether it is envisaging the insertion of a provision requiring the conduct of objective job evaluations in the draft Equality of Treatment Act.

The Committee also once again requests the Government to:

(i)promote objective job evaluations 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); and
(ii)provide information, once available, 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.

Article 4. Cooperation with workers’ and employers’ organizations. In reply to the Committee’s previous comment, the Government indicates that the application of the principle of the Convention has not yet been addressed by the Labour Advisory Board. The Committee requests the Government to provide information on:

(i)the activities of the Labour Advisory Board and the National Wage Council, in relation to the effective application of the principle of equal remuneration for men and women for work of equal value; and
(ii)the establishment of the tripartite National Commission on Equality of Treatment.

Statistics. The Committee notes the Government’s indication that no statistical data is available. It notes, from the Government’s report on the application of the International Covenant on Civil and Political Rights that, while efforts have been made to strengthen data collection systems, the availability of appropriate qualitative and quantitative disaggregated data remains a challenge. The Government acknowledges the need to move forward towards setting up an institution or mechanism to collect the necessary data for human rights reporting (CCPR/C/SUR/4, January 2022, para. 24). 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 once again requests the Government to:

(i)collect statistical data disaggregated by sex on the remuneration of workers, classified by branch of economic activity and occupations; and
(ii)report on the adoption of the draft Workers Registration Act. The Committee once again refers to its general observation adopted in 1998 on the application of the 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.

Article 1 of the Convention. Prohibition of discrimination and scope of application. Legislation. The Committee previously noted the absence, in the national legislation, of a definition of discrimination and 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. It also noted that the draft Equality of Treatment Act prohibited both direct and indirect discrimination on all grounds listed under Article 1(1)(a) of the Convention and also included the grounds of pregnancy, marital status, age and family responsibility.The Committee notes, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the draft Equality of Treatment Act has yet to be adopted by Parliament. With regard to the Committee’s previous comment on the application of section 2(1) of the Maternity Protection Act, the Committee notes the Government’s indication that no violations have been detected by the labour inspectorate and that no complaints have been filed with the courts. The Committee once again asks 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 and 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 requests the Government to take all the necessary measures to ensure that the draft Equality of Treatment Act is adopted in the near future; and to provide information on the progress achieved (and a copy once adopted). In the meantime, recalling that protection against discrimination in employment and occupation is only partially addressed by articles 8, 27 and 28 of the Constitution, the Committee once again asks the Government to:

(i)provide information on how the above-mentioned articles 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; and
(ii)indicate how it is ensured that the same protection is applied to all workers in all sectors of activity. The Committee once again asks the Government to provide information on the practical application of section 2(1) of the Maternity Protection Act, including any violations detected by the labour inspectorate and any complaints filed with courts and other competent authorities.

Public sector. In reply to the Committee’s previous request that the Government provide information on the application of the Convention to workers in the public sector, the Government states that it will report on the progress made in due time. As to the Committee’s request that the Government repeal the discriminatory provisions in the Civil Servants Act 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, the Government replies that this query will be forwarded to the Ministry of Home Affairs who will see what possibilities exist to make the proposed amendments. The Committee therefore once again urges the Government to repeal any discriminatory provision in the Civil Servants’ Act, including the two sex discriminatory provisions identified above, and to provide information on any developments in this respect. The Committee also once again 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).

Article 1(2). Inherent requirements of the job. With reference to its previous comment, the Committee notes the Government’s reply that no complaints have been brought to the courts. It does not provide examples of the application of existing legislation concerning inherent requirements. The Committee therefore once again requests the Government to:

(i)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; and
(ii)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. In reply to the Committee’s previous comment, the Government indicates that the draft Equality of Treatment Act provides for the creation of a Working Group that will be tasked with the development of a national equality policy, in cooperation with the social partners. The Government further states that no studies regarding the current situation have been performed and that no statistical information is available yet. It adds that, when the new law enters into force, additional and specific measures will be taken and more information will become available. 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, and refers to paragraphs 841 et seq of the General Survey on the fundamental Conventions, 2012 in this regard. The Committee asks the Government to take all the necessary measures to adopt, as soon as possible and in cooperation with the social partners and other interested groups, a national equality policy. It also, once again:

(i)encourages the Government to undertake a study assessing the present situation concerning equality of opportunity and treatment in employment and occupation for 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 for men and women. The Committee refers to its previous comment and notes that the Government’s report does not provide any new information on this point.The Committee notes, from the Government’s report on the follow-up to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Bureau for Gender Affairs was in the process of evaluating the implementation of the activities of 2019. In this follow-up report, the Government also indicates that through the Technical Assistance Agreement, which the Ministry of Home Affairs signed in 2019 with the Islamic Development Bank, policymakers and government officials receive awareness-raising sessions on the importance of comprehensive, consistent and coherent legal reform to achieve substantive equality of women and men (CEDAW/C/SUR/FCO/4-6, 19 October 2020, paras. 5 and 16). The Committee also notes, from the Government’s report on the application of the International Covenant on Civil and Political Rights, that the Bureau for Gender Affairs regularly provides training and information sessions on gender and gender-related issues to various target groups. The Government indicates that in these sessions, gender biases and stereotypes regarding the roles and responsibilities of men and women in the family and society are addressed. The report adds that both national and international studies show that Suriname lags behind with the participation of women in decision-making positions. After the 2010 general elections, the proportion of women representatives in the Parliament was at 10 per cent, it rose to 25,5 per cent in 2015 and to 33 per cent in 2020 (CCPR/C/SUR/4, January 2022, paras. 43 and 45). The Committee once again asks the Government to provide information on:

(i)the measures taken to address discrimination and promote equality of opportunity and treatment for 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;
(ii)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
(iii)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.

The Committee also asks the Government to continue to provide information on the activities of the Bureau for Gender Affairs in relation to ensuring equality of opportunity and treatment for men and women.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous and tribal peoples. In reply to its previous comment, the Committee notes with regret the Government’s indication that the draft Law on the Collective Rights of Indigenous and Tribal People is still awaiting consideration by the National Assembly. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concerns over the fact that, pending the adoption of a comprehensive anti-discrimination law, the applicable national legislative framework lacks an explicit definition of racial discrimination and that it does not expressly prohibit both direct and indirect racial discrimination in the public and private spheres. The CERD also outlined the lack of data on complaints of racial discrimination, as well as on investigations, prosecutions, convictions and sanctions imposed by domestic courts (CERD/C/SUR/CO/16-18, 21 September 2022, para. 9). The Committee asks the Government to provide information on any development regarding the adoption of the law. It also asks the Government to indicate how it is ensured that the principle of equality of opportunity and treatment irrespective of race, colour and national extraction is ensured in practice in particular regarding the rights of indigenous and tribal peoples.

Equality of opportunity and treatment irrespective of social origin. Rural workers. In reply to the Committee’s previous comment, the Government indicates that, there is still no information available on this point. The Committee notes that the CERD expressed concern, in its concluding observations, about the limited access of those living in remote areas to adequate public services, education and health care (CERD/C/SUR/CO/16-18, para. 29). The Committee therefore asks the Government to:

(i)step-up its efforts to 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)take measures to promote equality of opportunity and treatment in employment and occupation for men and women rural workers, including access to education and vocational training.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the indication of the Government that the Labour Advisory Board has not undertaken any initiatives in cooperation with the social partners to promote the principles of the Convention, but that the Minister of Labour, Employment Opportunity and Youth Affairs will encourage the Labour Advisory Board to include this topic on its next agenda. The Committee asks the Government to:

(i)provide information on any initiative undertaken in cooperation with the organizations of workers and employers to promote the principle of the Convention, in the framework of the Labour Advisory Board or otherwise; and
(ii)indicate if the National Commission on Equality of Treatment has been established and, if so, provide information on its activities.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. With reference to its previous comment, the Committee notes the Government’s reply that the provisions which apply to the security of the State are summarized in sections 129, 133, 135, 143 and 149 of the Penal Code. The Committee notes that the Government reiterates its statement that everyone sentenced has the right to appeal the sentence, but it notes that the Government does not provide information on how it is ensured that, in practice, the restrictions adopted in respect of employment and occupation comply with Article 4 of the Convention. In this regard, the Committee once again refers to paragraph 834 of its 2012 General Survey. The Committee once again asks the Government to provide examples of the application of sections 129, 133, 135, 143 and 149 of the Penal Code, 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 notes the Government’s statement that it has not yet adopted special measures in favour of specific groups of persons. Referring to its previous comment, the Committee encourages the Government, after consultation with representative employers' and workers' organisations, to consider the adoption of special measures to promote equality of opportunity and treatment in employment and occupation for categories in need of special protection or assistance, including persons with disabilities; and asks the Government to provide information on any developments in this regard.

Maternity protection. In reply to its previous comment, the Committee notes that the Government declares that there are still no specific cases regarding the application of the Maternity Protection Act. 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 the 2012 General Survey, paragraph 839). The Committee therefore once again asks the Government to provide concrete examples ofdistinctions based on sex, made in application of section 2(2)(b) of the Maternity Protection Act with the objective of protecting women, in particular with regard to pregnancy and maternity.

Enforcement. The Committee notes the Government’s indication that no measures have been adopted to enhance the capacity of the enforcement authorities or social partners. It also notes that, once again, the Government declares that there have been no judicial decisions and cases related to the application of the Convention. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed. The Committee also stresses the need to collect and publish information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms (see the 2012 General Survey, 2012, paras 850, 870 and 871). The Committee encourages the Government to:

(i)raise awareness of the legislation among relevant authorities, social partners, and the general public;
(ii)enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials; and
(iii)examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

The Committee also again asks the Government to provide information on:

(i)judicial decisions and cases dealt by competent bodies involving issues related to the application of the Convention;
(ii)any violations in this respect brought to the attention of or detected by the labour inspectors, and their outcomes; and
(iii)any measures adopted to enhance the capacity of enforcement authorities, as well as of social partners, to identify, prevent and address cases of discrimination.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee refers to its previous comment and notes the Government’s confirmation that the draft Violence in the Workplace and Sexual Harassment Act has been amended to include the prohibition of sexual harassment in vocational training, access to employment and performing work in an occupation. The Government also confirms that the protection against sexual harassment includes harassment by co-workers and clients and other persons met in connection with the performance of work as well as employers and supervisors. However, the Committee notes with regret that the draft Bill has not been adopted yet. The Committee therefore asks the Government to: (i) ensure that the draft Violence in the Workplace and Sexual Harassment Act includes a prohibition of both quid pro quo and hostile work environment sexual harassment; (ii) take all the necessary measures to ensure its adoption in the nearest future; and (iii) provide information on any developments in this respect, as well as a copy of the Act once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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 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 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.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Conventions Nos 100 and 111 – Application in practice

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

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

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