SURINAME-SOGI-TBs-CCPR

Concluding Observations on Report 4 (2024) (Link)

Non-discrimination

13. The Committee regrets the lack of information provided regarding any plans for the adoption of a comprehensive anti-discrimination law and is concerned by the absence of complaints relating to discrimination or hate crimes in general, 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. While welcoming the adoption of the Equal Treatment in Employment Act, in 2022, which explicitly prohibits discrimination on the grounds of disability, sex, sexual orientation and gender identity, among others, the Committee is concerned about the lack of information on its implementation, including with regard to ensuring access to effective remedies for victims of discrimination, and that it does not apply to public servants (arts. 2, 19, 20 and 26).

14. Bearing in mind the recommendations of the Committee on the Elimination of Racial Discrimination, the State party should:

(a) Prioritize the drafting and adoption of a comprehensive anti-discrimination law, within a clear time frame and with the effective and meaningful participation of civil society organizations and Indigenous and tribal peoples, and ensure that the law explicitly prohibits both direct and indirect discrimination in the public and private spheres;

(b) Ensure the effective implementation of the Equal Treatment in Employment Act of 2022 and extend the scope of its application to include public servants;

(c) Take appropriate measures to ensure access to effective remedies for victims of discrimination, including by conducting targeted public information campaigns to raise awareness of the available avenues for redress.

 

Discrimination and violence on the grounds of sexual orientation and gender identity

15. While welcoming the Court of Appeal ruling of January 2022 recognizing the right of transgender persons to the legal recognition of gender reassignment, the Committee is concerned that the prescribed requirements are excessively restrictive, lengthy and costly, constituting a barrier to legal gender recognition in practice, and that national law does not explicitly include gender identity in the list of prohibited grounds relating to discrimination and hate speech. The Committee is also concerned about the lack of legal recognition of same-sex couples, which results in same-sex couples facing discrimination, particularly with regard to access to social security and pension schemes. While noting the State party’s indication that it has not received any complaints of discrimination, harassment or violence against lesbian, gay, bisexual and transgender persons, including by police, the Committee is concerned about credible reports indicating that such incidents occur on a regular basis, with violence against transgender persons and discrimination in access to health care being of particular concern (arts. 2 and 26).

16. The State party should:

(a) Adopt appropriate legislation and policies to guarantee in law and in practice the right of transgender persons to the legal recognition of gender reassignment, including by removing excessive medical or procedural requirements and financial barriers;

(b) Explicitly include gender identity in the list of prohibited grounds relating to discrimination and hate speech, including by amending the Penal Code;

(c) Adopt appropriate legislation and policies to guarantee in law and in practice the legal recognition of same-sex couples, including by ensuring effective and non-discriminatory access to social security and pension schemes;

(d) Take appropriate measures to encourage the reporting of complaints of discrimination, harassment and violence against lesbian, gay, bisexual and transgender persons, including by police, ensure that all such allegations are thoroughly investigated, that perpetrators are prosecuted and, if found guilty, adequately punished and that victims are provided with effective remedies;

(e) Combat prejudice and hate speech against lesbian, gay, bisexual and transgender persons, including by providing appropriate training to judges, prosecutors, law enforcement and other officials on combating discriminatory attitudes towards these persons and by conducting awareness-raising activities aimed at the general public.

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Concluding Observations on Report 3 (2015) (Link)

Arbitrary arrest and ill-treatment of lesbian, gay, bisexual, transgender and intersex persons

27. While acknowledging the efforts made by the State party to enhance tolerance towards the lesbian, gay, bisexual, transgender and intersex community, the Committee is concerned about reports of arbitrary detention and ill-treatment of such persons, especially transgender women, by members of the security forces. It regrets that the State party has provided no information about the sentences and criminal or disciplinary sanctions imposed on offenders (arts. 7 and 9).

28. The State party should take effective measures to put an end to the arbitrary arrest of lesbian, gay, bisexual, transgender and intersex persons. All instances of ill- treatment should be investigated and, if substantiated, the perpetrators should be prosecuted and punished with appropriate sanctions.

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Concluding Observations on Report 2 (2004) (Link)

[no mention]

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Concluding Observations on Report 1 (1980) (Link)

[no mention]

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