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

Suriname

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2017)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2017)

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.