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CONSTITUTION OF SURINAME, 1987
Preamble
WE, THE PEOPLE OF SURINAME,
inspired by the love for this Country and the belief in the power of
the Almighty and guided by the centuries-long struggle of our people against
colonialism, which was terminated by the establishment of the Republic
of Suriname on 25 November 1975,
taking into consideration the consequent struggle against neo-colonialist
colonization and the process of renovation of social relations, which was
commenced on 25 February 1980,
conscious of our duty to combat and to prevent every form of foreign
domination,
resolved to defend and protect the national sovereignty, independence
and integrity,
assured of the will to determine our economic, social and cultural development
in full freedom convinced of our duty to honor and to guarantee the principles
of freedom, equality and democracy as well as the fundamental rights and
freedoms of man,
inspired by a civic spirit and by the participation in the construction,
expansion and maintenance of a society that is socially just,
determined to collaborate with one another and with all peoples of the
world on the basis of freedom, equality, peaceful coexistence and international
solidarity,
SOLEMNLY DECLARE, TO ACCEPT, AS A RESULT OF THE PLEBISCITE TO BE
HELD, THE FOLLOWING CONSTITUTION.
CHAPTER I
SOVEREIGNTY
First Section
THE REPUBLIC OF SURINAME
Article I
-
The Republic of Suriname is a democratic State based upon the sovereignty
of the people and on the respect and guarantee of the fundamental right
and liberties.
-
The Suriname Nation determines its economic social and cultural development
in full freedom.
Second Section
TERRITORY
Article 2
-
Suriname comprises the territory on the South American continent that is
as such historically defined.
-
The State shall not transfer rights to territory or sovereign rights which
it exercises over that territory.
-
The extent and boundaries of the territorial waters and the rights of Suriname
to the adjacent continental shelf and the economic zone are determined
by law.
Third Section
NATIONALITY
Article 3
-
Who is a Suriname national and who is a resident shall be decided by law.
-
Naturalization shall be regulated by law.
-
All Suriname citizens are allowed access into Suriname and are free to
move about and to reside within Suriname, except in the cases, defined
in the law.
-
All Suriname citizens shall be eligible for appointment to any office in
the service of the State on an equal footing.
-
The law shall determine in which public offices foreigners can be appointed.
-
The entry of foreigners and their expulsion shall be regulated by law.
-
The law shall determine the rules regarding the extradition of foreigners;
extradition can only occur on the basis of a treaty or in the manner determined
by law.
Fourth Section
STATE AND SOCIETY
Article 4
The concern of the State is aimed at:
-
a. The construction and maintenance of a national economy free from foreign
intervention;
-
b. Sufficiency of means for the total population;
-
c. Sufficient employment under the guarantee of freedom and justice;
-
d. The sharing of everyone in the economic, social and cultural development
and progress;
-
e. Participation in the sense of citizenship during the construction, the
expansion and the maintenance of a just society;
-
f. Guaranteeing national unity and sovereignty.
CHAPTER II
ECONOMIC GOALS
Article 5
-
The economic objectives of the Republic of Suriname shall aim at the construction
of a national economy, free from foreign domination and for the benefit
of the Suriname nation.
-
The economic system within which the social-economic development takes
place, is characterized by common, contemporaneous and equal functioning
of state enterprises, private enterprises, enterprises in which the State
and private persons participate i n common and cooperative enterprises,
according to rules of law applicable in that matter.
-
It is the duty of the State to promote and to guarantee as much as possible
all modes of production by private enterprises.
CHAPTER III
SOCIAL GOALS
Article 6
The social objectives of the State shall aim at:
-
a. The identification of the potentialities for development of the own
natural environment and the enlarging of the capacities to ever more expand
those potentialities;
-
b. Guaranteeing the participation of the community in the political life
among other ways through national, regional and sectoral participation;
-
c. Guaranteeing a governmental policy intent upon raising the standard
of living and of well-being of the society, based upon social justice,
the integral and balanced development of State and society;
-
d. A just division of the national income, directed towards a just spreading
of well-being and wealth over all strata of the population;
-
e. Regional spreading of public utilities and economic activities;
-
f. The improvement of codetermination by the employees in companies and
production units in the taking of decisions about production, economic
development and planning;
-
g. Creating and improving the conditions necessary for the protection of
nature and for the preservation of the ecological balance.
CHAPTER IV
INTERNATIONAL PRINCIPLES
Article 7
-
The Republic of Suriname recognizes and respects the right of nations to
self-determination and national independence on the basis of equality,
sovereignty and mutual benefit.
-
The Republic of Suriname promotes the development of the international
legal order and supports the peaceful settlement of international disputes.
-
The Republic of Suriname rejects all armed aggression, every form of political
and economic pressure, as well as every direct or indirect intervention
in the domestic affairs of other States.
-
The Republic of Suriname promotes the solidarity and cooperation with other
peoples in the combat against colonialism, neo-colonialism, racism, genocide
and in the combat for national liberation, peace and social progress.
-
The Republic of Suriname promotes the participation in international organizations
with a view to establishing peaceful coexistence, peace and progress for
mankind.
CHAPTER V
BASIC RIGHTS, INDIVIDUAL RIGHTS AND FREEDOMS
Article 8
-
All who are within the territory of Suriname have an equal claim to protection
of person and property.
-
No one may be discriminated against on the grounds of birth, sex, race,
language, religious origin, education, political beliefs, economic position
or any other status.
Article 9
-
Everyone has a right to physical, mental and moral integrity.
-
No one may be submitted to torture, degrading or inhuman treatment or punishment.
Article 10
Everyone has in case of infringement of his rights and freedoms a claim
to an honest and public treatment of his complaint within a reasonable
time by an independent and impartial judge.
Article 11
No person may be withdrawn against his own will from the judge whom
the law assigns to him.
Article 12
-
Everyone can have legal assistance before the courts
-
The law regulates the rendering of legal aid to those who are financially
weaker.
Article 13
Loss of civil rights or the general forfeiture of all the goods of
an offender may not be inflicted as a penalty or as a consequence of a
penalty for any crime.
Article 14
Everyone has a right to life. This right is protected by the law.
Article 15
No one shall be obliged to do forced or compulsory labor.
Article 16
-
Everyone has the right to personal liberty and safety.
-
No one will be deprived of his freedom, other than on grounds and according
to proceedings determined by law.
-
Everyone who is deprived of his freedom has a right to a treatment in accordance
with human dignity.
Article 17
-
Everyone has a right to respect of his privacy, his family life, his home
and his honor and good name.
-
No dwelling may be entered against the occupant’s will except when commissioned
by an authority which has the power to give that order by virtue of law
and subject to the conditions prescribed by the law.
-
The secrecy of letters, telephone and telegraph is inviolable except in
the cases described by law.
Article 18
Everyone has the right of freedom of religion and philosophical conviction.
Article 19
Everyone has the right to make public his thoughts or feelings and
to express his opinion through the printed press or other means of communication,
notwithstanding everyone’s responsibility according to the law.
Article 20
Everyone has the right to freedom of peaceful association and assembly,
taking into consideration the rules to be determined by law for the protection
of public order, safety, health and morality.
Article 21
-
The right to demonstrate peacefully is acknowledged.
-
The use of that right can, for the protection of public order, safety,
health and morality, be submitted to limitation through the law.
Article 22
-
Everyone has the right to submit written petitions to the public authorities.
-
The law regulates the procedure for handling them.
Article 23
In case of war, danger of war, state of siege or state of emergency
or for reasons of state security, public order and morality, the rights
mentioned in the Constitution may be submitted to limitations by law, which
will be in force during a certain time, depending on the circumstances,
with due respect for the international rules applicable in that matter.
CHAPTER VI SOCIAL, CULTURAL AND ECONOMIC FIGHTS AND OBLIGATIONS
First Section
THE RIGHT TO WORK
Article 24
The state shall take care of the creation of conditions in which an
optimal satisfaction of the basic needs for work, food, health care, education,
energy, clothing and communication is obtained.
Article 25
Labour is the most important means of human development and an important
source of wealth.
Article 26
-
Everyone has the right to work, in accordance with his capacities.
-
The duty to work is indissolubly attached to the right to work.
-
Everyone has the right of free choice of profession and work, except for
regulations imposed by law.
-
Everyone has the right of initiative for economic production.
Second Section
STATE CONCERN FOR LABOUR
Article 27
-
It shall be the duty of the State to guarantee the right to work maximally
by:
-
a. Following a planned policy, aimed at full employment;
-
b. Forbidding the discharge without sufficient cause or for political or
ideological reasons;
-
c. Guaranteeing equal opportunity in the choice of profession and type
of work and forbidding that access to any function or profession by prevented
on grounds of someone’s sex
-
d. Promoting professional training for employees.
-
The State shall take care of the creation of conditions for the optimal
promotion of initiatives for economic production.
Third Section
RIGHTS OF EMPLOYEES
Article 28
All employees have, independent of age, sex, race, nationality, religion
or political opinions, the right to:
-
a. Remuneration for their work corresponding to quantity, type, quality
and experience on the basis of equal pay for equal work;
-
b. The performance of their task under humane conditions, in order to enable
self-development;
-
c. Safe and healthy working condition;
-
d. Sufficient rest and recreation.
Fourth Section
DUTIES OF THE STATE CONCERNING THE RIGHTS OF EMPLOYEES
Article 29
It is the duty of the State to indicate the conditions for work, remuneration
and rest to which employees are entitled, especially by:
-
a. Mankind regulations with regard to wages, time of work, about conditions
and special categories or workers;
-
b. Supplying special protection on the job for women before and after pregnancy,
for minors, disabled persons and for those who are engaged in work which
demands special efforts or who work in unhealthy or dangerous conditions.
Fifth Section
FREEDOM OF TRADE UNIONS
Article 30
-
Employees are free to establish trade unions to foster their rights and
interests.
-
For the exercise of the rights of trade unions the following freedoms are
guaranteed indiscriminately:
-
a. Freedom to join or not to join a trade union;
-
b. The right to participate in trade union activities.
-
Trade unions shall be bound by the principles of democratic organization
and management, based on regular elections of their boards of directors
through secret ballot.
Sixth Section
RIGHTS OF TRADE UNIONS AND COLLECTIVE AGREEMENTS
Article 31
-
The trade unions shall have the power to defend the rights and interests
of the employees they represent and for whom they assume responsibility.
-
Trade unions shall participate in:
-
a. The preparation of labour legislation;
-
b. The creation of institutions of social security and other institutions
aimed at serving the interests of employees;
-
c. The preparation for and the control of the execution of economic and
social plans
-
Trade unions shall have the right to conclude collective labour agreements.
The rules concerning the powers to conclude collective labour agreements
and the sphere of application of their rules shall be determined by law.
RIGHTS OF EMPLOYERS
Article 32
The associations for the defense of business entrepreneurs shall have
the power to defend the rights and interests of those whom they represent
and for whom they assume responsibility.
Seventh Section
RIGHT TO STRIKE
Article 33
The right to strike is recognized subject to the limitations which
stem from the law.
Eighth Section
RIGHT TO PROPERTY
Article 34
-
Property, of the community as well as of the private person, shall fulfill
a social function. Everyone has the right to undisturbed use of his property
subject to the limitations which stem from the law.
-
Expropriation shall only take place for reasons of public utility according
to rules to be laid down by law and against previously assured compensation.
-
Compensation need not be previously assured if in case of emergency immediate
expropriation is required.
-
In cases determined by or through the law, the right to compensation shall
exist if the competent public authority destroys or renders property unserviceable
or restricts the exercise of property rights for the public interest.
Ninth section
THE FAMILY
Article 35
-
The family is recognized and protected.
-
Husband and wife are equal before the law.
-
Every child shall have the right to protection without any form of discrimination.
-
Parents shall have the same responsibilities towards legal or natural children.
-
The State recognizes the extraordinary value of motherhood.
-
Working women shall be entitled to paid maternity leave.
Tenth Section
HEALTH
Article 36
-
Everyone shall have a right to good health.
-
The State shall promote the general health care by systematic improvement
of living and working conditions and shall give information on the protection
of health.
Eleventh Section
YOUTH
Article 37
-
Young people shall enjoy special protection for the enjoyment of economic,
social and cultural rights, among which are:
-
a. Access to education, culture and work;
-
b. Vocational schooling;
-
c. Physical training, sports and recreation;
-
The primary goal of youth policy shall be the development of the personality
of the young person and of the concept of service to the community.
Twelfth Section
EDUCATION AND CULTURE
Article 38
-
Everyone shall have a right to education and to enjoyment of culture.
-
The provision of education shall be free, subject to State control of all
public educational institutions in keeping with the national education
policy and the rules regarding education laid down by the State.
-
The practice of science and technology shall be free.
-
The State shall promote the kind of education and the conditions under
which school education and other forms of education can contribute to the
development of a democratic and socially just society.
-
The State shall promote the democratization of culture by stimulating the
enjoyment of culture and cultural relations and through assuring the availability
of those cultural creations to all citizens by means of cultural and recreational
organizations , information media and other suitable channels.
Thirteenth Section
EDUCATION
Article 39
The State shall recognize and guarantee the right of all citizens to
education and shall offer them equal opportunity for schooling. In the
execution of its education policy the State shall be under the obligation:
-
a. To assure obligatory and free general primary education;
-
b. To assure durable education and to end analphabetism;
-
c. To enable all citizens to attain the highest levels of education, scientific
research and artistic creation, in accordance with their capacities;
-
d. To provide, in phases, free education on all levels;
-
e. To tune education to the productive and social needs of the society
CHAPTER VII
THE ECONOMIC ORDER:
TASKS OF THE STATE IN THE ECONOMIC ORDER
Article 40
In order to promote the socioeconomic development towards a socially
just society, a development plan shall be determined by law, taking into
consideration the national and socioeconomic goals of the State.
Article 41
Natural riches and resources are property of the nation and shall be
used to promote economic, social and cultural development. The nation shall
have the inalienable right to take complete possession of the natural resources
in order to apply them to the needs of the economic, social and cultural
development of Suriname.
Article 42
-
The law shall guarantee that the mode of exercise of trade and industry
is not contrary to the national goals, the public interest and notably
the public policy, health, morality and state security.
-
The currency exchange shall be regulated by law.
Article 43
The structure of the financial system shall be regulated by law in
such a manner that by saving and by the correct allocation of the necessary
financial means, investments in the productive sector would be advanced.
Article 44
The right to industrial property shall be regulated by law.
CHAPTER VIII
THE SOCIAL ORDER
Article 45
The social order shall be based in principle on a society, wherein
all Suriname citizens have equal rights and obligations.
Article 46
The State shall create the conditions, which lay the foundations for
the formation of citizens capable of participating in a democratic and
effective manner in the development process of the nation.
Article 47
The State shall safeguard and protect the cultural heritage of Suriname,
stimulate its preservation and promote the use of science and technology
in the context of the national development aims.
Article 48
-
The State shall inspect the production, storing and handling of chemical,
biological, pharmaceutical and other products, intended for consumption,
medical treatment and diagnosis.
-
The State shall inspect all medical functions, the function of pharmacist
and other paramedical practices.
-
The inspection of the products and functions mentioned in paragraphs (2)
and (3) shall be regulated by law.
Article 49
A housing plan shall be determined by law, aimed at the procurement
of a sufficient number of affordable houses and State control of the use
of real estate for public housing.
Article 50
The policy regarding widows, orphans, the aged, invalids and incapacitated
workers shall be indicated by law.
Article 51
The State shall take care to make the services of legal aid institutions
accessible to those looking for justice.
CHAPTER IX
PRINCIPLES OF DEMOCRATIC STATE ORGANIZATION
First Section
POLITICAL DEMOCRACY
Article 52
-
All political power is vested in the people and shall be exercised in accordance
with the constitution.
-
Political democracy is characterized by the participation and representation
of the Suriname people, which shall express itself through the participation
of the people in laying down a democratic political regime, and through
their participation in le gislation and administration, aimed at the upholding
and expanding of this system. Political democracy shall further create
the conditions for the participation of the people in t general, free and
secret elections for the composition of representative o rgans and of the
Government.
-
Accountability to the people, supervision of government actions by institutions
created for that purpose and the right of revocation with regard to elected
representatives are guarantees for true democracy.
Second Section
POLITICAL ORGANIZATIONS
Article 53
-
The State shall accept the freedom of citizens to create political organizations,
subject to the limitations which stem from the law.
-
Political organizations shall respect the national sovereignty and democracy.
-
In exercising their mandate the political organizations shall take into
account the following:
-
a. Their goals may not be in violation of or incompatible with the Constitution
and the laws;
-
b. The organization shall be accessible to the Suriname citizen, who fulfills
criteria to be defined by law provided that he agrees upon the basic principles
of the party.
-
c. The internal organization must be democratic, which shall be evidenced
inter alia by:
-
- regular elections for the board of directors;
-
- the prerequisite that candidates proposed of the chamber of representatives
shall be elected within the party structures;
-
d. The electorate shall be informed of the political program and the election
program of the political organizations;
-
e. Annual publications of sources of income and accounts shall be made
in the Official Journal of the Republic of Suriname and at least one newspaper;
-
f. Their functioning shall be in accordance with principles of good administration,
and with prescribed legal rules for the guaranteeing of openness and transparency;
-
g. The drafting of a programme, with as sole goal the promotion of the
national interest
Third Section
BASIC PRINCIPLES FOR THE FUNCTIONING OF THE STATE ORGANS
Article 54
-
The State is obliged to register those with voting rights and to convoke
them to participate in the elections. The registration of the voters shall
serve no other purpose. Those with a right to vote are obliged to cooperate
with the registration of the electorate.
-
For the organization and the functioning of the state organs the following
principles shall be respected:
-
a. Decisions of higher State organs shall be binding upon lower organs.
This rule does not apply to judicial organs;
-
b. Lower State organs shall be deemed to submit justification to the superior
organs and to give account of their work;
-
c. The local, administrative and executive organs shall be subject to control
by the representative bodies;
-
d. The freedom of discussion, criticism and recognition of the minority
and the majority shall apply in all councils and organs of the State;
-
e. Those who hold political office shall be liable in civil and criminal
law for their acts and omissions;
-
f. Those who hold political office shall be under the obligation to fulfill
their tasks in the public interest;
-
g. No one shall be nominated for life in a political office;
-
h. The central authority shall organize the regular dissemination of information
on government policy and state administration, in order to allow the people
to participate optimally in the administrative structures. The lower administration
shall ha ve the obligation to create a process of communication with the
people, for the purpose of making government public-oriented and for participation
in policy-making.
CHAPTER X
THE NATIONAL ASSEMBLY
First Section
ORGANIZATION AND COMPOSITION OF THE NATIONAL ASSEMBLY
Article 55
-
The National Assembly represents the people of the Republic of Suriname
and expresses the sovereign will of the nation.
-
The National Assembly is the highest organ of the State.
>Second Section
ELECTION OF THE MEMBERS OF THE NATIONAL ASSEMBLY
Article 56
-
Members of the National Assembly shall be elected for a five-year term.
-
The law can only derogate from the five-year term in case of war or other
extraordinary circumstances, which prevent the holding of elections.
Article 57
-
The members of the National Assembly shall be elected directly by the inhabitants
having Suriname nationality and having reached the age of eighteen years.
-
Each elector shall have one vote only.
Article 58
Those persons shall be debarred from exercising the right to vote:
-
a. To whom the right to vote has been denied by an irrevocable judicial
decision;
-
b. Who are lawfully deprived of their liberty
-
c. Who, by virtue of an irrevocable judicial decision, have lost the right
to dispose of or administer their property on account of insanity or imbecility.
Article 59
Eligible are the inhabitants who have Suriname nationality, who have
reached the age of twenty-one and have not been deprived of the right to
vote on the grounds mentioned in the previous article under (a) and (c).
Article 60
Everything else relating to universal suffrage, the creation of an
independent electoral council and its authority the division of Suriname
in electoral districts, the repartition of seats in the National Assembly
by electoral district and the methods according to which the allocation
of seats takes place shall be regulated by law. This law shall be passed
with a 2/3 majority.
>Third Section
MEMBERSHIP OF THE NATIONAL ASSEMBLY
Article 61
-
The National Assembly consists of 51 members chosen by district on the
basis of general, free and secret elections by virtue of the system of
proportionate representation on the highest number of average and preferential
votes.
-
Persons who have submitted their candidacy for election as representatives
in the National Assembly shall live in said district and shall have had
their main or real residence there during two years preceding the elections.
Article 62
The law determines for which functions the membership of the National
Assembly results in non-activity.
Article 63
-
Among the members of the National Assembly there may not be two members
connected by blood up to and including the second degree and two married
members.
-
When individuals in a forbidden degree of blood connection or of marriage
are elected simultaneously, it shall be decided by lot who will be admitted.
Article 64
The sessions of the National Assembly and of the other representative
organs on the local and district levels coincide as much as possible.
Article 65
When assuming office the members shall make the following oath or promise:
“I swear (promise) that in order to be elected a member of the National
Assembly I have not given or promised, nor will give or promise, directly
or indirectly, under whatsoever name or pretext, anything to anyone whomsoever.
I swear (promise) that in order to do or refrain from doing anything
whatsoever in this office, I will not accept any promises or presents,
directly or indirectly, from anyone whomsoever.
I swear (promise) that I will fulfill the office of member of the
Assembly conscientiously.
I swear (promise) that I will foster the well-being of Suriname
to the best of my capacities.
I swear (promise) obedience to the Constitution and all other rules
of law.
I swear (promise) allegiance to the Republic of Suriname. So help
me, God Almighty(that I declare and promise).”
Article 66
Within thirty days at the latest after the members of the National
Assembly are chosen, this organ convenes under the chairmanship of the
member oldest in years, assisted by the member next oldest in years as
secretary and in case of unavailability or absence, always by the next
oldest member. In this meeting the National Assembly shall examine the
credentials of its new members, and shall settle disputes arising concerning
those credentials or the election itself, according to rules to be laid
down by law.
In the case where several members could be eligible for appointment
as oldest member, who will act as chairman is decided by lot.
Article 67
-
The oldest member referred to in the previous article shall, previous to
this meeting, take the prescribed oath or promise before the President,
after which he shall swear in the other fifty members. Hereafter, the meeting
attends to the business of electing a chairman, vice-chairman and a secretary
of the National Assembly, who immediately accept their functions.
-
The chairman takes the required oath or promise, in the National Assembly
before the acting chairman.
-
If the acting chairman is elected as chairman he takes the required oath
or promise in the National Assembly before the vice-chairman.
Fourth Section
TERMINATION OF THE MEMBERSHIP OF THE NATIONAL ASSEMBLY
Article 68
-
Membership of the National Assembly is terminated by:
-
a. Death;
-
b. Discharge on personal request;
-
c. Revocation of the member in the manner to be laid down by law;;
-
d. The arising of conditions that exclude eligibility;
-
e. The voluntary change of domicile and main and real residence form the
district in which the member was elected, insofar as the sanction of revocation
is applicable to the member;
-
f. Absence during an uninterrupted period of five months
-
g. Condemnation for criminal offence in an irrevocable judicial decision
to a penalty involving loss of liberty of at least five months.
-
Further rules regarding the loss of membership of the National Assembly
can be laid down by law.
CHAPTER XI THE LEGISLATURE
First Section
EXERCISE OF LEGISLATIVE POWERS
Article 69
The Legislator, the Government and the other organs of government shall
respect the rules of the Constitution.
Article 70
The Legislative Power shall be exercised jointly by the National Assembly
and the Government.
>Second Section
POWERS OF THE NATIONAL ASSEMBLY
Article 71
-
The National Assembly shall have the power to decide over all proposals
of law that will be submitted before it for approval.
-
The National Assembly shall have the power to decide by 2/3 majority on
organizing a People’s Assembly or a plebiscite in the cases provided for
by law or if the National Assembly thinks right to do so.
-
The National Assembly lays down its Rules of order. These Rules of Order
shall be promulgated by a decision of state.
Article 72
Without prejudice to what is reserved elsewhere in the Constitution
for regulation by law, the following subjects shall certainly be determined
by law:
-
a.Treaties, subject to what is determined in article 104;
-
b.The amending of the Constitution;
-
c.The declaration or the termination of the state of war, the civil or
military state of emergency
-
d.The determination and change of the political-administrative partitioning
of the Republic of Suriname;
-
e.The determination of the extent and boundaries of the territorial waters
and the rights of the Republic of Suriname to the adjacent continental
shelf and the economic zone;
-
f.The creation of a development council for national development;
-
g.The granting of amnesty or pardon.
Article 73
The socio-economic and political policy to be followed by the Government
shall be previously approved by the National Assembly.
EXECUTIVE TASKS OF THE NATIONAL ASSEMBLY
Article 74
The National Assembly has the following executive tasks:
-
a.The election of the President and the Vice-President;
-
b.The proposal for nomination to the President of the chairman and vice-chairman,
the members and the surrogate members of the organ charged with the supervision
and control of the expenditure of the state finances.
>Third Section
LEGISLATIVE PROCEDURE
RIGHTS OF AMENDMENT INITIATIVE, INTERROGATION AND INVESTIGATION
Article 75
-
The President introduces the proposals of law or other Government proposals
before the National Assembly in a written message.
-
Public debate on any received Government proposal shall always be preceded
by an examination of that proposal.
-
The National Assembly shall determine in its Rules of Order the manner
in which such examination shall be made.
Article 76
The National Assembly shall have the right of amendment in a proposal
of law of the Government.
Article 77
-
If the National Assembly resolves to pass the proposal either unchanged
or changed, it shall notify the President thereof.
-
If the National Assembly resolves not to pass the proposal it shall also
give notice thereof to the President, with the request to consider anew
the proposal. As long as the National Assembly has not taken a decision,
the President shall continue to have the power to withdraw the proposal
which he introduced.
Article 78
Every member to the National Assembly shall have the right to introduce
proposals of law to the National Assembly.
Article 79
The National Assembly shall have the right of examination, that is
to be regulated by law.
Article 80
-
All bills passed by the National Assembly and approved by the President
shall acquire force of law after promulgation.
-
The laws shall be inviolable, subject to what is stated in article 137.
>Fourth Section
PROCEDURE
Article 81
Annually, on the first working day of September, the President shall
address the National Assembly on the policy to be followed by the Government.
Article 82
All meetings of the National Assembly shall be held in public, except
in special cases when it decides to convene behind closed doors.
Article 83
-
The National Assembly may not commence deliberation or take decisions if
no more than one half its members are present.
-
All decisions of the National Assembly, except those regarding the amendment
of the Constitution, the election of the President, the decision to organize
plebiscite and to hold a People’s Assembly, and those regarding the amendment
of the Law on Elections as well as the case described in Article 83, paragraph
(4), shall be taken by an absolute majority of votes.
-
For the amendment of the Constitution, the election of the President, the
decision to organize a plebiscite and a People’s Assembly, and for the
amendment of the Law on Elections, a majority of at least 2/3 of the number
of members of the Nationa l Assembly shall be required.
Article 84
-
If, at a meeting attended by all those who are at that moment members of
the National Assembly, the votes are equally divided, the proposal shall
be regarded as not having been passed.
-
If, at a meeting not attended by all those who are at the moment members
of the National Assembly, the votes are equally divided, the decision shall
be postponed until a subsequent meeting. In that meeting the proposal is,
if the votes are equally di vided, regarded as not having been passed.
-
Voting is oral and by roll call, but when persons are to be appointed or
nominated, voting is by closed and unsigned voting papers.
-
The meeting can decide by at least two thirds of the votes cast that a
specific matter shall be voted by closed and unsigned voting papers.
Article 85
-
The Government shall provide the National Assembly with the requested information
either in writing or orally. It can be invited by the National Assembly
to attend the meeting.
-
The Government can attend meetings of the National Assembly as well as
the People’s Assembly. It has an advisory vote in those meetings. It can
be assisted in the meetings by experts.
Article 86
The law regulates the financial provisions for the benefit of the members
and former members of the national Assembly and their surviving relatives.
Article 87
-
The National Assembly appoints, suspends and discharges its clerk. The
clerk may not at the same time be a member of the National Assembly.
-
The law regulates his position.
>Fifth Section
IMMUNITY
Article 88
The chairman, the members of the National Assembly, the Government
and the experts referred to in article 85, paragraph (2), shall be exempt
from criminal prosection for anything they have said at the assembly or
have submitted to it in writing, except that if in so doing they had made
public what was said or submitted under obligation of secrecy in a closed
meeting.
Article 89
The National Assembly is bound to inform the district councils in a
manner to be laid down by law about decisions taken or viewpoints expressed
that are of significance to their districts.
CHAPTER XII THE PRESIDENT
First Section
IN GENERAL
Article 90
-
The President is Head of State of the Republic of Suriname, Head of Government,
Chairman of the Council of State and of the Security Council.
-
He is responsible to the National Assembly.
Article 91
-
The President and the Vice-President are appointed by the National Assembly
for five years. The term of office of the President is terminated at the
swearing in of a newly appointed President. If the office becomes vacant,
then the following Preside nt to be elected begins a new term of office.
-
What is stated in the previous paragraph applies mutatis mutandis to the
Vice-President.
Article 92
-
To be eligible for appointment as President or Vice-President a candidate
must:
-
- possess the Suriname nationality;
-
- have reached the age of thirty;
-
- not be excluded from the right of active and passive suffrage;
-
- not have acted in violation of the Constitution.
-
Before submitting his candidacy, he must have had his domicile and main
and real residence in Suriname for at least six years.
Article 93
At the inauguration, the President and the Vice-President shall make
the following oath or promise:
“I swear (promise) that in order to be elected President (Vice-President)
of the Republic of Suriname I have not given or promised, nor will give
or promise, directly or indirectly, under whatsoever name or pretext, anything
to anyone whomsoever.
I swear (promise) that in order to do or refrain from doing anything
whatsoever in this office, I will not accept any promises or presents,
directly or indirectly, from anyone whomsoever.
I swear (promise) that in fulfilling the office of President (Vice-President)
I will attend to and foster, with all my powers, the interests of the county
and the people.
I swear (promise) that I will defend and preserve, with all my powers,
the independence and territory of the Republic of Suriname; that I will
protect the general and particular liberty and the rights of all people
and will employ, for the maintenance and promotion of the particular and
general welfare, all means which the laws and circumstances place at my
disposal, as a good and faithful President (Vice-President) should do.
I swear (promise) obedience to the Constitution and all other rules
of law.
I swear (promise) allegiance to the Republic of Suriname. So help
me God Almighty (That I declare and promise).”
Article 94
The President and the Vice-President shall fulfill no other functions
beside their office.
Article 95
The President and Vice-President may neither directly or indirectly
participate in any undertaking, nor act as guarantor thereof, which is
based on an agreement for profit or gain made with the State or with a
part thereof. They may hold no money claims, except for government bo ds,
against the State.
Article 96
The President and the Vice-President may neither directly nor indirectly
participate in any concession undertaking of any nature established in
Suriname or operating therein.
Article 97
-
The President may not be related by marriage or by blood up to the second
degree with the Vice-President, the ministers, the vice-ministers and the
chairman and other members of the State Council and the organ that is charged
with the supervision and control of the expenditure of state finances.
-
He who comes to stand in a forbidden degree of relation after his appointment
retains his office only after leave thereto is given by law.
Article 98
The office President is exercised by the Vice-President:
-
a. In case the President is declared unfit to exercise his powers;
-
b. In case the President has laid down the exercise of his powers temporarily;
-
c. As long as there is no President or if he is absent;
-
d. If, in the case described in article 140, prosecution against the President
has been initiated.
>Second Section
POWERS OF THE PRESIDENT
Article 99
The executive power is vested in the President.
Article 100
The President shall have the supreme authority over the armed forces.
Article 101
The President shall have the direction of foreign relations and shall
promote the development of the international legal order.
Article 102
-
The President shall not declare the Republic of Suriname to be at war,
in danger of war of in state of siege, except with the previous consent
of the National Assembly. This consent shall not be required when, as a
result of force majeure, consultati on with the National Assembly has appeared
to be impossible.
-
The President shall not declare war, danger of war or state of siege between
the State of Suriname and another power to be terminated, except with the
previous consent of the National Assembly. This consent shall not be required
when, as a result of force majeure, consultation with the National Assembly
is not possible.
-
To maintain external and domestic security, in case of war, danger of war
or in case of serious threat to or disturbance of the domestic order and
peace which could result in substantial damage to the interests of the
State, the President can declare the state of emergency in any part of
Suriname, subject to previous consent of the National Assembly.
-
The President shall not declare the State of emergency to be terminated,
except with previous consent of the National Assembly. This consent is
not required when consultation with the National Assembly has, as a result
of force majeure, appeared to b e impossible.
Article 103
Agreements with other powers and with organizations based on international
law shall be concluded by, or by authority of, the President and shall
be, insofar as the agreements require, ratified by the President. These
agreements shall be communicated to the National Assembly as soon as possible;
they shall not be ratified and they shall not enter into force until they
have received the approval of the National Assembly.
Article 104
-
Approval shall be given either explicitly or implicitly. Explicit agreement
shall be given by an act. Implicit approval has been given if, within thirty
days after the agreement has been submitted for that purpose to the National
Assembly, no statem ent has been made by the National assembly expressing
the wish that the agreement be subject to explicit approval.
-
The law determines the cases in which no approval is required.
Article 105
The provisions of the agreements mentioned in article 103 which may
be directly applicable to anyone shall have this binding effect as from
the time of publication.
Article 106
Legal regulations in force in the Republic of Suriname shall not apply,
if this application should be incompatible with provisions that are directly
applicable to anyone, to agreements entered into either before or after
the enactment of the regulations.
Article 107
The law shall regulate the publication of agreements and of decisions
of organizations based on international law.
Article 108
On proposal of the Government, the President confers honorary orders
of the Republic of Suriname upon people who are eligible thereto.
Article 109
The President shall have the right to grant pardons for penalties inflicted
by judicial sentence. He shall exercise this right after having ascertained
the opinion of the judge, who had taken the judicial sentence.
POWERS WITH REGARD TO OTHER ORGANS
Article 110
The President furthermore has the powers;
-
a. To constitute the Council of Ministers, after consultation, including
with regard to the results of the elections;
-
b. To direct the preparatory work for the government programme
-
c. To direct the activities of the State Council;
-
d. To convoke, if he wishes, and to lead the meetings of the Council of
Ministers;
-
e. To appoint and remove ministers from office;
-
f. To ratify the proposals of law and general administrative measures that
have been passed;
-
g. To ratify the decisions of the State Council and to take care they are
promulgated in the Official Journal of the Republic of Suriname;
-
h. To appoint to suspend and to discharge any person to whom a public service
is entrusted, inasmuch as appointing, suspending or discharging has not
been reserved to another state organ.
POWERS IN INTERNATIONAL RELATIONS
Article 111
In international relations the President has the power:
-
a. To appoint, to discharge, to replace and to suspend diplomatic representatives
of the Republic of Suriname;
-
b. To accredit or not to accredit diplomatic representatives of other states;
-
c. To accept letters of accreditation of foreign diplomatic representatives.
Article 112
All other matters relating to the President shall be regulated by law.
CHAPTER XIII THE COUNCIL OF STATE, THE GOVERNMENT, THE COUNCIL OF MINISTERS
AND THE MEMBERS OF THE COUNCIL OF MINISTERS
First Section
THE COUNCIL OF STATE
Article 113
There is a Council of State, whose composition and powers shall be
regulated by law. The President is Chairman of the Council of State.
Article 114
On assuming office the members of the Council of State shall take the
following oath or make the following promise before the President:
“I swear (promise) that in order to be appointed member of the Council
of State, I have not given or promised, nor will I give or promise, anything,
directly or indirectly, to anyone whomsoever, under whatsoever name or
pretext.
I swear (promise) that in order to do or to refrain from doing anything
whatsoever in this office, I will not accept, directly or indirectly, any
promises or presents from anyone whomsoever.
I swear (promise) that I will perform my duties and that I will
not make public the things of which I have taken cognizance, through my
appointment as member of the Council of State, and which are entrusted
to me as secret, or of which I should understand the confidential character,
except to those persons to whom I am obliged by law ex officio to communicate
them.
I swear (promise) obedience to the Constitution and all other rules
of law.
I swear (promise) allegiance to the Republic of Suriname. So help
me, God Almighty (That I declare and promise).”
POWERS OF THE COUNCIL OF STATE
Article 115
-
The Council of State has without prejudice to what is regulated by law
the following powers:
-
a. To give guidance to the state administration and to supervise the correct
execution of the decisions of the National Assembly by the Government;
-
b. To suspend the decrees of the Council of Ministers and those of lower
organs that do not contain generally binding rules, if they are, in the
opinion of the Council of State, in violation of the Constitution, the
law and the government programme ;
-
c. To advise the President in the execution of his office of Head of State
and of head of the Government;
-
d. To advise the Government on general policy matters and on the content
and the constitutionality of proposals of law as well as agreements under
public international law for which the consent of the National Assembly
is required;
-
e. To advise the Government on proposals of general administrative measures;
-
f. To present, if necessary, proposals of law or of general administrative
measures to the Government;
-
g. To arrange for the mobilization of the people when the national interest
demands that;
-
h. To pass its own Rules of Order which shall be determined by general
administrative measures.
-
If a decree, as mentioned in paragraph (1) under (b), is suspended by the
Council of State, the President shall need to decide to ratify or not to
ratify that decision within one month after the date of the suspension.
Second Section
THE GOVERNMENT
Article 116
-
The President with the Vice-President and the Council of Ministers form
the Government. The Vice-President is charged with the day-to-day management
of the Council of Ministers and is as such responsible to the President.
-
The Government is responsible to the National Assembly.
Article 117
The Government takes general administrative measures. Punishment shall
only be imposed through general administrative measures by order of the
law. The law regulates the applicable punishment.
Article 118
The manner of promulgation of laws and general administrative measures
and the time they shall become binding shall be regulated by law.
Third Section
THE COUNCIL OF MINISTERS
Article 119
-
The Council of Ministers is the highest executive and administrative organ
of the Government.
-
The Ministers together form the Council of Ministers, which is presided
by the Vice-President.
-
The Council of Ministers has at least one Vice-Chairman.
Article 120
The meetings of the Council of Ministers may be attended by specialized
or technical experts.
Article 121
The Council of Ministers is under the obligation to assist in the procurement
of information to the Council of State for the execution of its advisory
and supervisory task.
TASKS OF THE COUNCIL OF MINISTERS
Article 122
Subject to that which is laid down in the Rules of Order of the Council,
that Council of Ministers has as tasks:
-
a. To execute the policy determined by the Government
-
b. To prepare legislative acts and administrative regulation;
-
c. To supervise the correct execution of decrees when their execution is
entrusted to it;
-
d. To prepare and to execute an efficient policy;
-
e. To give direction to administrative organs and to supervise administrative
functions of local organs by means of the suitable ministerial debarments.
TASKS OF THE MEMBERS OF THE COUNCIL OF MINISTER
S Article 123
The members of the council of Ministers shall be charged with leading
their respective ministerial departments and with the tasks appointed to
them by the Rules of Order of the Council of Ministers and by other Regulations.
Fourth Section
UNDER-SECRETARIES OF STATE
Article 124
The President may appoint to a ministerial department one or more under-secretaries
of state who, in cases the Minister deems necessary, may act as Minister
in his stead, observant of his directions. The under-secretary of state
is on that account responsible to the President, without prejudice to the
responsibility of the Minister.
Article 125
On assuming office, the ministers and under-secretaries of state shall
take the following oath or make the following promise before the President:
“I swear (promise) that in order to be appointed minister I have
not given or promised, nor will I give or promise, anything, directly or
indirectly, to anyone whomsoever, under whatsoever name or pretext.
I swear (promise) that in order to do or to refrain from doing anything
whatsoever in this office, I will not accept, directly or indirectly, any
promises or presents from anyone whomsoever.
I swear (promise) that I will faithfully perform all the duties
which the office of a minister lays upon me.
I swear (promise) that I will promote the well=bing of Suriname
to the best of my abilities.
I swear (promise) obedience to the Constitution and all other legal
rules.
I swear (promise) allegiance to the Republic of Suriname.
So help me, God Almighty (That I declare and promise).”
Article 126
The law regulates the financial provisions for the benefit of the ministers,
the under-secretaries of state, and former ministers and former under-secretaries
of state and of their surviving relatives.
Article 127
The Rules of Order of the Council of Ministers shall be determined
by administrative measure.
CHAPTER XIV THE NATIONAL SECURITY COUNCIL
First Section
IN GENERAL
Article 128
The National Assembly shall install a National Security Council, hereafter
to be called Security Council, in case the organs who have the power to
do so have declared the state of war, of danger of war or the state of
siege in case of military aggression and have declared the state of civil
or military emergency.
Second Section
COMPOSITION OF THE SECURITY COUNCIL
Article 129
The Security Council shall consist of:
-
the President
-
the Chairman of the National Assembly
-
the Vice-President
-
one representative of the Minister of Justice
-
two representatives of the National Armed Forces
-
one member of the Council of Ministers
-
one representative of the Suriname Police Corps.
Article 130
The Security Council shall protect the sovereignty and the domestic
security of the Republic of Suriname and is endowed with special powers
with regard to the external and domestic security of the Republic of Suriname
in case of war, danger of war or state of siege and other extraordinary
circumstances, to be defined by the law.
CHAPTER XV THE JUDICIAL POWER
First Section
IN GENERAL
Article 131
-
In Suriname justice shall be administered in the name of the Republic.
-
No act shall be punishable other than by virtue of a previously determined
legal rule.
-
Every interference in detection or prosecution and in cases pending in
court shall be forbidden.
Article 132
Civil and commercial law, civil and military penal law and procedure
shall be regulated by law in general codes, without prejudice to the power
of the Legislature to regulate certain subjects in separate laws.
Second Section
THE JUDICIARY
Article 133
-
The Judicial Power is formed by the President and the Vice-President of
the High Court of Justice, the members and the surrogate members of the
High Court of Justice, the Attorney-general with the High Court of Justice,
and the other members of the Pu blic Prosecutors Office, and of other judicial
functionaries indicated by law.
-
The law may provide that persons not belonging to the Judicial Power shall
also take part in the activities of the Judicial Power.
-
The President, the Vice-President, the members and the surrogate members
of the High Court of Justice constitute the Judicial Power that is charged
with the administration of justice.
Article 134
-
The cognizance and adjudication of all lawsuits is exclusively entrusted
to the Judicial Power, save when the law appoints another judge.
-
The pronouncement of punishment and of measures provided by law is also
entrusted to the Judicial Power that is charged with the administration
of justice, subject to exceptions made by law, which, when concerning imprisonment,
may only relate to mili tary penal and disciplinary law.
Article 135
-
The decision of lawsuits not arising from civil law relations may be referred
by law to administrative judges. The law shall regulate the procedure of
deciding and the consequences of such decision.
-
In the cases indicated in the previous paragraph the administrative appeal
can also be made available. That appeal shall only exclude the competence
of the Judicial Power insofar as this stems from the law.
Article 136
-
All judgements shall state the grounds upon which they are decided, and
in penal cases they shall also indicate the articles of the legal regulations
upon which the condemnation is based.
-
The court sessions shall be public, subject to exceptions made by the law.
-
For punishable acts designated by law for which no imprisonment is provided
as sanctioned, the provision in the first paragraph may be departed from.
-
The pronouncement of sentence shall take place in public.
Article 137
Insofar as the judge considers the application of a legal rule in the
particular case brought before him to be contrary to one or more constitutional
rights, he declares that application unwarranted in that case.
Third Section
COMPOSITION OF THE JUDICIAL POWER
Article 138
The law shall determine the organization, the composition and the jurisdiction
of the Judicial Power.
Article 139
The supreme instance of the Judicial Power entrusted with the administration
of justice is called the High Court of Justice of Suriname. The High Court
shall supervise the regular course and settlement of all lawsuits.
Article 140
Those who hold political office shall be liable to trial before the
High Court, even after their retirement, for indictable acts committed
in discharging their official duties. Proceedings are initiated against
them by the Attorney-General after they have been indicted by the National
Assembly in a manner to be determined by law. It may be determined by law
that members of the High Boards of State and other officials shall be liable
to trial for punishable acts committed in the exercise of their functions.
Article 141
-
To be appointed as a member of the Judicial Power entrusted with the administration
of justice or as Attorney-General with the High Court of Justice, one shall
be at least thirty years of age and possess Suriname nationality and have
domicile and main and real residence in Suriname.
-
The members of the Judicial Power entrusted with the administration of
justice and the Attorney-General with the High Court of Justice shall be
appointed by the Government, after consultation of the High Court of Justice.
The appointment of the Presid ent, Vice-President, the members of the High
Court of Justice and the Attorney-General shall be for life.
-
The law determines the other conditions for appointment and also the financial
provision for their benefit and that of their surviving relatives.
Article 142
-
The member of the Judicial Power entrusted with the administration of justice
and the Attorney-General with the High Court of Justice are discharged
by the Government: on their request; when reaching the age of retirement.
-
The persons mentioned in the first paragraph may be discharged on the proposal
of the High Court of Justice:
-
when they have been placed under custody;
-
in case of apparent continuous mental disorder;
-
when they have been irrevocably deprived of their liberty by virtue of
a penal condemnation;
-
when they have obtained a composition under court supervision or are under
court custody for their civil debts;
-
on the grounds of serious misconduct or immorality or in case of proven
continuous inadvertence in the fulfillment of their office.
Article 143
If the President is of the opinion that one of the reasons for discharge
as mentioned in article 142, paragraph (2) are present, he can suspend
the person in question and he can also provide for a temporary replacement
in that office. The law regulates the consequences of the suspension and
discharge from the office.
Fourth Section
THE CONSTITUTIONAL COURT
Article 144
-
An organ that is entrusted with judging the constitutionality of legal
rules and measures shall be created by law.
-
The composition, tasks and jurisdiction of this organ shall be regulated
by law.
Fifth Section
THE PUBLIC PROSECUTION
Article 145
The Public Prosecutor’s Office is to the exclusion of all other organs
responsible for the detection and is charged with the prosecution of all
punishable acts. The law can derogate from this principle for the criminal
procedure with regard to the military.
Article 146
-
The Public Prosecution with the High Court of Justice shall be exercised
by or for the Attorney-General.
-
The Attorney-General represents the Republic of Suriname before courts
of law. He is the head of the public Prosecutor’s Office and is at the
same time charged with the judiciary police. He has the powers to give
to the officers who are entrust ed with police tasks, instructions towards
preventing, detecting and researching punishable acts, which he deems necessary
in the interests of sound justice.
Article 147
The Attorney-General supervises the correct execution of the tasks
of the Police. He has the power to make any proposal that he considers
practical in that regard.
Article 148
The Government determines the general prosecution policy. The Government
may in specific instances give the Attorney-General orders with regard
to prosecution, in the interest of state security.
CHAPTER XVI SUPERVISION OF THE EXPENDITURE OF STATE FINANCES
Article 149
-
An organ which shall have as task to supervise the defrayal of state finances
as well as to control the management of government means in the broadest
sense shall be created by law.
-
Supervision and control shall be exercised on the justification as well
as on the effectiveness of the expenditure and management of the state
finances.
Article 150
The chairman, the members and the surrogate members are appointed by
the President for a period of five years, on proposal of the National Assembly.
Article 151
The organ mentioned in article 149 shall periodically, however at least
once per year, report on the supervision it exercises to the National Assembly,
the Council of State and the Government. The report shall be made public.
Article 152
Other matters pertaining to the composition, the organization and the
authority of this organ, shall be regulated by law.
CHAPTER XVII ADVISORY COUNCILS
Article 153
One or more advisory councils for the benefit of the Government shall
be created by a law, which will also contain rules on their appointment,
composition, procedures and authority.
CHAPTER XVIII THE FINANCIAL AND MONETARY SYSTEM
Article 154
-
The structure of the financial system shall be organized by law in such
a way, that by saving and by correct allocation of the necessary financial
means, investments in the productive sector shall be promoted.
-
The law shall lay down rules concerning the monetary system and the Central
Bank.
-
The law shall lay down rules concerning insurance and banking services.
-
Conditions for the making of loans by the State shall be regulated by law.
CHAPTER XIX TAXES
Article 155
-
Taxes are levied by virtue of the law, which regulates the rate of taxation,
tariffs, dispensations and guarantees for taxpayers.
-
No privilege with regard to taxes shall be permitted other than by virtue
of the law.
THE BUDGET
Article 156
-
The manner in which the annual budget is prepared, drafted and executed
and the period for which it is valid are regulated by law.
-
All expenditures of the State and the means for the defrayal thereof shall
be estimated in the budget.
-
Annually, on the first working day of October at the latest, the budget
shall be submitted to the National Assembly in one or more proposals of
law in accordance with the law and with the government development plan.
Should it appear that for the service year 1988 the drafts of the budget
cannot be brought into accordance with the development plan, then the Government
may suffice to submit in accordance with the law. At the occasion of the
submission of draft budgets by the Government to the National Assembly,
the President will address the National Assembly in a formal session.
4.
-
a. The budget shall become effective starting January 1st of the fiscal
year to which it relates.
-
b. It shall be considered to have become effective from that day, notwithstanding
it could have been promulgated thereafter.
As long as that has not occurred, the budget of the fiscal year preceding
the year in question shall serve as basis for the management.
5.
-
a. The closing of the accounts shall be decided by law for each fiscal
year separately.
-
b. The justification of revenue and of expenditure of the State is done
before the National Assembly following legal prescriptions and with submission
of the accounts reviewed by an independent organ to be created by law.
CHAPTER XX THE PUBLIC ADMINISTRATION
Article 157
-
The structure of the administrative organs of government shall be such
that they can bring their services close to the people in order to assure
the participation of those concerned with what is happening and in order
to avoid bureaucratism.
-
Suitable forms of administrative decentralization shall be created by law,
taking efficiency into consideration and without diminishing the unity
of action or the powers of the Government to give guidance and to exercise
supervision.
-
Administrative procedures shall be created by law, which will ensure the
rationality of the methods used by the ministerial departments, as well
as the participation of the citizens in the process of decisionmaking or
in the debates that concern them.
Article 158
-
Everyone shall have the right to be informed by the organs of government
administration on the advancement in the handling of cases in which he
has a direct interest and on measures taken with regard to him.
-
Interested parties have access to the courts to have them judge the unjustified
character of any final and executionable ct by an organ of government administration.
-
In disciplinary procedures the right of interested parties to reply shall
be guaranteed.
CHAPTER XXI THE REGIONAL GOVERNMENTS
First Section
IN GENERAL
Article 159
The democratic order of the Republic of Suriname comprises inferior
government organs on the regional level, whose function, organization,
competence and operation mode shall be regulated by law in accordance with
the principles of participatory democracy and decentralization of administration
and legislation.
Second Section
PARTITIONING OF THE TERRITORY
Article 160
-
The partitioning of the Territory into districts and of districts into
departments shall be regulated by law. The following criteria shall apply
for the partitioning in districts and departments:
-
the concentration of the population;
-
the potential for development;
-
the feasibility of administering the territory;
-
the availability of infrastructure;
-
the location of the center of administration.
-
The boundaries of the districts are the boundaries indicated in the decree
“Districtenindeling 1983" (S.B. 1983 Nr. 24).
Third Section
REGIONAL REPRESENTATION
Article 161
-
There are two representative bodies on the regional level: the district
councils and the department councils.
-
The district council is the supreme political-administrative organ of the
district.
-
The department council is the supreme political-administrative organ of
the department.
DISTRICT COUNCILS
Article 162
The composition of the district councils takes place after general,
free and secret elective franchise in the departments of the district concerned.
The seats in the district council are given to the representative political
organizations with a seat in the department councils of the district concerned,
in proportion to the total number of seats they acquired in the department
councils.
DEPARTMENT COUNCILS
Article 163
The composition of the department councils takes place after general,
free and secret elective franchise within the department. The order of
election of the representatives is determined by the counting order of
received personal votes. All available seats shall be so granted. Without
prejudice to other legal requirements with regard to eligibility in representative
bodes, the candidates for a department council or a district council shall
have their main and real residence in the department or district concerned.
Fourth Section
COMPETENCE
Article 164
The regional representative bodes and the regional administrative organs
participate in the preparation, creation and the execution of the regional
district plans and department plans. Other specific tasks shall be regulated
by law.
Article 165
The financial provisions for the districts and departments shall be
determined by law; they envisage among other things to promote the reasonable
and equitable division of funds in the districts.
Article 166
The Government exercises supervision over the districts, in the manner
and in the cases provided by law.
Fifth Section
MODE OF OPERATION
Article 167
The district councils and department councils express the will and
the aspiration of the inhabitants. The district councils shall manifest
those to the National Assembly, whereas the department councils shall do
so to the district councils.
The district councils shall be bound to inform the department councils
about measures taken or opinions that are held, which concern the department
councils. This obligation shall also apply to department councils in relation
to the district council.
Article 168
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The opportunity shall be granted to the elected district representatives
to participate in the formulation and the creation of the national and
regional development policy.
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The district council shall have the power to delegate its representatives
to participate in the development council for the national development.
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The district councils shall have the power to forward proposals that concern
their own district for further treatment to the ministerial departments
concerned.
CHAPTER XXII REGIONAL LEGISLATION
Article 169
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The regulation and administration of the domestic affairs of the district
shall be left to the district council.
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The district council shall make the district-ordinances which it considers
necessary in the interest of the district subject to the limits of the
Constitution and the laws and administrative measures of the Government.
It shall be indicated by law wi th regard to which subjects the district
councils shall have legislative powers.
Article 170
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The district-ordinances shall be notified to the National Assembly, the
Government, the Council of State in the local District Commissioner, before
they become effective.
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The population of the district shall be informed about the contents of
the district ordinances through their publication in local newspapers and
in the Official Journal of the Republic of Suriname and by keeping them
available for reading at the offic e of the District commissioner.
Article 171
After the publication as mentioned in Article 170 everyone shall have
the opportunity to lodge complaints against the district ordinances with
the National Assembly.
Article 172
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If a district ordinance is contrary to the Constitution, the government
programme or the existing laws, the National Assembly can annul it.
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The district council shall have the power to commence the procedure of
making the district ordinance effective and of promulgating it, in a manner
that shall be decide by law, if the National Assembly has notified the
district council in writing withi n six weeks after the district ordinance
was submitted to it, that no complaints were lodged with it.
Article 173
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The measures taken by the district council which do not contain general
rules, shall and under strict supervision exercised by the Government.
If those measures are considered to be contrary to the government program
the Government shall propose thei r suspension to the Council of State.
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If, after the suspension by the Council of State, the district council
in question should think that there is no violation of the government program
or the national interest, the dispute is submitted to the National Assembly,
which makes a final bindi ng decision.
CHAPTER XXIII REGIONAL AUTHORITIES
Article 174
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In every district there shall be a district administration. The district
administration is the Executive organ of the district.
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The district administration consists of the District Commissioner and the
representatives of the ministerial departments in the district.
Article 175
The district administration is entrusted with the daily administration
of the district.
Article 176
A Regional Commissioner can be appointed by law, to direct the complementary
administration, the regional development and the cooperation between districts
for the improvement of common interests.
CHAPTER XXIV THE ARMED FORCES
First Section
THE NATIONAL ARMY
Article 177
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The National Army is the military vanguard of the people of Suriname and
shall have as its task the defense of the sovereignty and independence
as well as the protection of the supreme rights and liberties of land and
people through service to legal o rder, peace and security.
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The National Army also labours for the national development and for the
liberation of the nation. In order to fulfill that task effectively, a
continuous organizational, technical and social adjustment of the National
Army shall be required.
Article 178
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The Military Command is the representative organ of the National Army that
shall direct the task of the National Army as laid down in Article 177,
always respecting the powers which the constitution confers on other state
organs.
-
The creation and the composition of the Military Command shall be regulated
by law. That organ shall moreover be charged with guaranteeing the conditions
under which the Suriname people can bring about and consolidate a peaceful
transition to a demo cratic and socially just society.
Second Section
THE SURINAME POLICE CORPS
Article 179
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The Suriname Policy Corps shall have as function to defend and to protect
the democratic legality of the citizens’ rights, and to guarantee the security
of the community.
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The police shall execute its tasks, conform the legal regulations with
respect of the rights, the freedoms and guarantees of all who are on the
territory of Suriname.
-
In general the police shall have as task to assure:
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a. The maintenance of public order and security, the prevention of violation
thereof and the protection of persons and goods;
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b. The detection of punishable acts and the supervision of the abidance
to legal rules that are sanctioned by punishment.
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Without prejudice to what is laid down in the previous paragraphs, the
police can be entrusted with special tasks to be regulated by law.
-
The police executes its tasks in submission to the competent authority
and in conformity with existing legal rules.
CHAPTER XXV DEFENSE OF THE STATE
Article 180
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The defense policy is vested in the Government.
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The protection of the State is a fundamental duty of every citizen.
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Military service is obligatory for a certain period, under conditions to
be regulated by law.
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Civil service is obligatory under conditions to be regulated by law, as
a substitute or complement to military service.
-
Persons who are found to be unsuited for military service of conscientious
objectors can, under conditions to be laid down by law, perform unarmed
military or civil service fitting for their situation.
-
A citizen who when given the opportunity to perform military or civil service
intentionally forbears, shall not fulfill or maintain a function within
the government or in another public service, without prejudice to further
sanction, to be determined by law.
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A citizen who performs military or civil service shall not be deemed to
damage this legal position or further career development or to infringe
secondary labor conditions.
-
In case of war, danger of war, state of siege or other extraordinary circumstances
the people of Suriname can participate directly in the defense of the country
under conditions to be regulated by law, through defense structures under
the command of t he National Army.
CHAPTER XXVI THE PEOPLE’S ASSEMBLY
Article 181
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The People’s Assembly consists of:
-
the National Assembly
-
the District Councils;
-
the Department Councils.
-
This People’s Assembly convenes:
-
a. In case of amending of the Constitution with regard to the powers and
tasks of the representatives in the several representative bides, whereto
the consent of at least 2/3 of the number of valid votes is required, if
that majority can not be obtain ed after two votes in the National Assembly.
-
b. For the election of the President and the Vice-President, in case none
of the candidates has obtained the constitutional majority after two votes,
for the third vote, in order to elect the said officials with a majority
of the votes;
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c. In case a law shall be voted by absolute majority over the eventual
discharge of the President, if the National Assembly does not reach agreement;
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d. In the case described in Article 71, paragraph (2).
CHAPTER XXVII TRANSITORY AND FINAL PROVISIONS
First Section
FORMER CONSTITUTIONAL LAW
Article 182
The rules of the Constitution of 25 November 1975, the application
of which was suspended on 13 August 1980, shall cease to exist when this
Constitution becomes effective.
Second Section
FORMER COMMON LAW
Article 183 The legal regulations, such as they existed before
this constitution shall become effective, including the laws and decrees
promulgated after 25 February 1980, shall remain in force, until they will
have been replaced by other rules according to this Constitution, under
stipulation that they shall, inasfar as they may be contrary to the Constitution,
be brought in harmony with this Constitution, not later than by the end
of the first period of session of the National Assembly, failing which
they shall lose their force of law.
CHAPTER XXVIII INSTALLATION OF STATE ORGANS
Article 184
-
The National Assembly commences is activities within 30 days after the
results of the election.
-
The National Assembly chooses the President and the Vice-President of the
Republic of Suriname within 30 days after the commencement of the session
period of the National Assembly.
Article 185
Until the second session period of the National Assembly the Council
of State shall consist of the following persons:
-
the representatives of the combined labour unions;
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the representatives of the associations of employers;
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the representatives of the National Army.
CHAPTER XXIX RATIFICATION, PROMULGATION AND ENTRY INTO FORCE
Article 186
-
The Constitution of the Republic of Suriname shall have as date the date
of the plebiscite whereby the people of Suriname approved it.
-
The decision whereby the Constitution is approved by the people of Suriname,
shall be ratified by the President and formally promulgated, not later
than 30 days after its approval.
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Thus the Constitution has come into force on October 30, 1987.