Republic
of Suriname / República
de Suriname
1987 Constitution
with Reforms of 1992
Constitución
de 1987 Constitution con Reformas de 1992 |
|
Last Updated / Última Actualización:
January 22, 2002.
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 the coup d'ètat of 25 February 1980 and the consequences
thereof,
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 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 shall determine in full freedom its economic social
and cultural development.
Second Section
TERRITORY
Article 2
- Suriname consists of the territory on the South American continent, which
has been defined as such.
- The State shall not alienate any 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 public
office in without discrimination.
- The law shall determine in which public offices foreigners can be
appointed.
- The admission of foreigners and their expulsion shall be regulated by law.
- The law shall determine the rules regarding the extradition of foreigners;
extradition can only be effected on the basis of a treaty and 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 domination;
- b. A Secured means of livelihood for the entire nation;
- 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 in the
interest of the Surinamese nation.
- The economic system within which the social-economic development takes
place shall be characterized by joint, contemporaneous and equal functioning
of state enterprises, private enterprises, enterprises in which the State and
private persons participate in 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 types of entrepreneurial production.
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 government policy aimed at 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. An equitable distribution of the national income,
directed towards a fair distribution 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 any armed aggression,
any 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
collaboration 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 shall
have an equal claim to protection of person and property.
- No one shall 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 shall have, in case of infringement of one's
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 kept against his will from the judge whom
the law assigns to him.
Article 12
- Everyone has the right to legal assistance before the
courts
- The law shall provide regulations with regard to legal
aid for the financially weak.
Article 13
Loss of civil rights or the general forfeiture of all
the property of an offender may not be imposed as a penalty or as a consequence
of a penalty for any crime.
Article 14
Everyone has a right to life. This right shall be 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 by order of an authory which has the power to give that order by virtue
of law and subject to the conditions prescribed by the law.
- The confidentiality of correspondence, telephone and
telegraph is inviolable except in the cases described by law.
Article 18
Everyone has the
right of freedom of religion and philosophy of life.
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, subject to the responsibility of all as set forth in 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 recognized.
- 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 competent authority.
- 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 good morals, 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, in compliance with the
international rules applicable in respect thereof.
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
Labor 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 inseparably linked 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 LABOR
Article 27
- It shall be the duty of the State to guarantee the
right to work, as much as possible 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 or limited on grounds of 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. Making regulations with regard to wages, time of
work, about conditions and special categories of 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 governed 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 be involved in:
- a. The preparation of labor 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 labor agreements. The rules concerning the powers to conclude
collective labor 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
enjoyment of his property subject to the limitations which stem from the law.
- Expropriation shall take place only in the general
interest, pursuant to rules to be laid down by law and against compensation
guaranteed in advance.
- 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 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 cultural
expression.
- Education shall be free, subject to State supervision
of all public educational institutions, in order that the national education
policy and educational standards laid down by the State shall be observed.
- 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 promoting 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
SYSTEM
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
has the inalienable right to take complete possession of its natural resources
in order to utilize them to the benefit 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 traffic of foreign currency 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 underlie the
education of citizens who are capable of participating in a democratic and
effective manner in the development process of the nation.
Article 47
The State shall save and protect the cultural heritage of
Suriname, shall promote its preservation and promote the use of science and
technology in the context of the national development aims.
Article 48
- The State shall supervise the production and
availability of and the trade in chemical, biological, pharmaceutical and
other products, intended for consumption, medical treatment and diagnosis.
- The State shall supervise all medical, pharmaceutical
and paramedical practioners and 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 in relation to social security for 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 legislation 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 the general, free and secret elections for the composition of
representative organs 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 rights 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 committee elections;
- 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 administrative and executive institutions
shall be subject to control by the representative bodies;
- d. The freedom of discussion, criticism and
recognition of the minority by 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 have the obligation to create a
process of communication with the people, for the purpose of making
government answerable to the public and to ensure the participation of the
people 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 shall result in the suspension from duty.
Article 63
Repealed.
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 most senior in years, and in case of unavailability or absence, always by
the next eldest 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 most senior member, who will act as chairman is decided by
lot.
Article 67
- The most senior 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 speaker and a
deputy speaker of the National Assembly, who shall immediately assume their
functions.
- The speaker shall take the required oath or promise,
in the National Assembly before the acting chairman.
- If the acting chairman is elected as speaker he takes
the required oath or promise in the National Assembly before the deputy
speaker.
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. an appointment as Minister or Under-Minister;
- 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.
- Membership of the National Assemply is incompatible
with the office of Minister or Under-Minister, provided that upon the election
of a Minister or Under-Minister as a Member to the National Assembly, the
office of Minister or Under-Minister can be combined with membership of the
National Assembly for no longer than three months after admission to the
National Assembly.
- 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 the organization of a People’s Assembly or a plebiscite in
those cases deemed necessary by the National Assembly, without prejudice to
the provisions of Article 179, paragraph 2.
- The National Assembly lays down its own standing
order. These standing orders, in which rules of procedure for the People's
Assembly shall be included, will be promulgated by state decree.
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;
- c. Placing the nominations of the members of the
Constitutional Court and their appointed deputies to the President;
- d. Appointing, suspending and discharging the clerk of
the Assembly;
- e. Organizing any People's Assembly.
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 ammend bills proposed by 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 review the bill more thoroughly. As long as the National Assembly has not
taken a decision, the President shall have the right to withdraw the bill
which he has submitted.
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 the
provisions of Articles 106, 137 and 144, paragraph 2.
Fourth Section
PROCEDURE
Article 81
Annually, and at the latest on the first working day of
October, 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 shall be taken
by a normal majority of votes, except for the provisions of paragraph 3 of the
present Article, and of Article 60, Article 70 [paragraph 2], and Article 84,
paragraph 4.
- A majority of at least 2/3 of the constitutional
number of members of the National Assembly shall be required for decisions
concerning:
- a. The Amendment of the Constitution;
- b. The Amdendment of the electoral act insofar as it
involves the subjects indicated in Article 60;
- c. The election of the President;
- d. The election of the Vice-President;
- e. The organization of a People's Assembly, subject to
the provisions of Article 181, paragraph 2;
- f. The organization of a plebiscite.
Article 84
- In the event of an equality of votes at a meeting
attended by all who are at that moment members of the National Assembly, the
motion shall be considered as having been defeated.
- In the event of an equality of votes at a meeting not
attended by all those who are at the moment members of the National Assembly,
the motion shall be postponed until a subsequent meeting. The motion shall be
considered as having been defeated in the event of an equality in such
meeting.
- Voting shall be by roll-call if at least five members
desire this and shall then be by word-of-mouth; however in case of the
election or nomination of persons, voting shall be by secret and unsigned
ballot.
- 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 speaker, 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
GENERAL PROVISIONS
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 answerable to the National Assembly.
Article 91
- The President and the Vice-President are elected 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 President to be elected begins a new term
of office.
- The provisions of the previous paragraph apply equally
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 not hold other
political and administrative offices in the civil service, shall not fulfill
functions in trade and commerce or labor unions and shall not practice any other
professions.
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 bodys, 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, consultation 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 approval shall be given by law. Implicit approval has
been given if, within thirty days after the agreement has been submitted for
that purpose to the National Assembly, no statement 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 binding on anyone, shall become effective upon
promulgation.
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 international organizations.
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. If required, to convene and to lead the meatings of
the Council of Ministers;
- e. To appoint and remove ministers from office;
- f. To ratify approved bills and propose state decrees;
- g. To suspend decions of the Council of Ministers, and
of Ministers;
- 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 assigned to another state institution.
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 advise the President in execution of his
office of Head of State and Head of Government;
- b. To advise the Government on general policy
matters and on the content of bills, as well as agreements under
international law for which the consent of the National Assembly is
required;
- c. To advise the Government on proposed state
decrees;
- d. To pass its own standing orders, which shall be
determined by state decree;
- e. To advise the Government on proposals of general
administrative measures;
- Repealed.
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 draft state decrees. Provisions which are
enforceable by penalties shall not be made by such state decree unless it is
pursuant to the law. The law regulates the applicable punishment.
Article 118
The manner of promulgation of laws and state decrees and the
moment at which they became effective 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 deputy
chairman.
Article 120
The meetings of the Council of Ministers may be attended by
specialized and/or technical experts at the invitation of the chairman.
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
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.
- The Ministers are answerable to the President.
Fourth Section
UNDER-MINISTRIES
Article 124
The President may appoint to a ministerial department one or
more Under-Ministers who, in cases the Minister deems necessary, may act as
Minister in his stead, observant of his directions. The Under-Minister 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-Ministers shall
take the following oath or make the following promise before the President:
“I swear (promise) that in
order to be appointed Minister (Under-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-being 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-Ministers, and former Ministers and former
Under-Ministers and of their surviving relatives.
Article 127
The standing orders for the Council of Ministers shall be
determined by state decree.
CHAPTER XIV THE NATIONAL SECURITY COUNCIL
First Section
IN
GENERAL
Article 128
There shall be a National Security Council, which can
commence its activities after the duly authorized institutions have decided to
declare the state of war, threat of war, or the state of siege in case of
military aggression, and the state of civil and military emergency.
Second Section
COMPOSITION OF THE SECURITY
COUNCIL
Article 129
The Security Council shall consist of:
- The President, as chairman;
- The Vice-President, as deputy chairman;
- The Minister in charge of legal affairs;
- The Minister in charge of defense;
- Another member of the Council of Ministers;
- The Commander of the National Army;
- The Chief of Police of the Police Corps of Suriname.
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 LEGAL SYSTEM
First Section
GENERAL
PROVISIONS
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 investigation 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 Court of Justice, the members and the deputy members of
the Court of Justice, the Attorney-General with the Court of Justice, and the
other members of the Public 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
deputy members of the 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 military 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 mentioned in Chapter V, the application in that case shall
be declared unwarranted by him.
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 Court of Justice of Suriname. The
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
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 Court of Justice
shall be appointed by the Government, after consultation of the Court of
Justice. The appointment of the President, Vice-President, the members of the
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 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 Court of Justice:
- when they have been placed under legal restraint;
- in case of proven continuous mental disorder;
- if they have been sentenced to an irevocable
detention for having committed a punishable act;
- if they have been declared bankrupt;
- when they have obtained a moratium or are under
court custory for their civil debts;
- on the grounds of serious misconduct or immorality
or in case of proven coninuous negligence 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
- There shall be a Constitutional Court which is an
independent body composed of a President, Vice-President and three members,
who - as well as the three deputy members - shall be appointed for a period of
five years at the recommendation of the National Assembly.
- The tasks of the Constitutional Court shall be:
- a. to verify the purport of Acts or parts thereof
against the Constitution, and against applicable agreements concluded with
other states and with international organization;
- b. to assess the consistency of decisions of
government institutions with one or more of the constituional rights
mentioned in Chapter V.
- In case the Constitutional Court decides that a
contradiction exists with one or more provisions of hte Constitution or an
agreement as referred to in paragraph 2 sub a, the Act or parts thereof, or
those decisions of the government institutions shall not be considered
binding.
- Further rules and regulations concerning the
composition, the organization and procedures of the Court, as well as the
legal consequences of the decisions of the Constitutional Court, shall be
determined 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 investigation 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 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 court police. He has the
powers to give to the officers who are entrusted 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 institution shall be established by law which shall
have as task to supervise the expenditure 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 deputy 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 manner in which the State obtains
loans 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, at the latest on the first working day of
October 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.
- On the occasion of the submission of the budget
proposal by the Government to the National Assembly, the President will
address the National Assembly in a special session.
- 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.
- 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
decision making 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 shall have the right to submit to
the court for reassessment any final and enforceable act by agencies of public
administration, which is believed to be unlawful.
- 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
DEMARCATION 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 local councils.
- The district council is the supreme
political-administrative organ of the district.
- The local council is the supreme
political-administrative institution of the administrative jurisdiction.
DISTRICT COUNCILS
Article
162
The composition of the district councils shall
be established after general, free and secret elections in the administrative
jurisdiction of the district concerned. The seats in the district council are
given to the representative political organizations with a seat in the local
councils of the district concerned, in proportion to the total number of seats
they acquired in the local councils.
LOCAL COUNCILS
Article
163
The composition of the local councils takes
place after general, free and secret elective franchise within the
administrative jurisdiction. 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 bodies, the candidates for a local council or a
district council shall have their main and real residence in the district or
administrative jurisdiction.
Fourth Section
JURISDICTION
Article 164
The regional representative bodes and the regional
administrative organs participate in the preparation, creation and the execution
of the plans for district and administrative jurisdictions. Other specific tasks
shall be regulated by law.
Article 165
The financial provisions for the districts and
administrative jurisdictions 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
PROCEDURES
Article 167
The district councils and local councils express the will
and the aspiration of the inhabitants. The district councils shall manifest
those to the National Assembly, whereas the local councils shall do so to the
district councils.
The district councils shall be bound to inform the
local councils about measures taken or opinions that are held, which concern the
local councils. This obligation shall also apply to local councils in relation
to the district council.
Article 168
- 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.
- The district council shall have the power to delegate
its representatives to participate in the development council for the national
development.
- 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
- The provision of regulations and administration of the
affairs of the district shall be left to the district council.
- 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 with
regard to which subjects the district councils shall have legislative powers.
Article 170
- 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.
- 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 office 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
- If a district ordinance is contrary to the
Constitution, the government programme or the existing laws, the National
Assembly can annul it.
- 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 within six weeks after the district
ordinance was submitted to it, that no complaints were lodged with it.
Article 173
- 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 in contravention of the
government program or the naitonal interest, the President shall suspend them.
- 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 binding decision.
CHAPTER XXIII REGIONAL AUTHORITIES
Article 174
- In every district there shall be a district
administration. The district administration is the Executive organ of the
district.
- 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
Repealed.
CHAPTER XXIV ARMY AND POLICE
First Section
THE NATIONAL
ARMY
Article 177
- The National Army shall have as its task the defense
of the sovereignty and the territorial integrity of Suriname against foreign,
military, armed aggression.
- Without prejudice to the provisions of the previous
paragraph, the army can be charged with special tasks to be defined by law.
- The army shall carry out its tasks under the
responsibility of and in subordination to the competent authority and in
accordance with the prevailing legislation.
- The organization of the National Army and the legal
status of the servicemen shall be defined by law.
Second
Section
THE POLICE CORPS OF SURINAME
Article 178
- The police shall have as task:
- a. to maintain public order and domestic security,
to prevent violations thereof, and to protect persons and goods.
- b. to investigate punishable acts and to enforce the
observance of regulations, the breach of which shall be punishable by law.
- Without prejudice to the provisions of the previous
paragraph, the police can be charged with special tasks to be defined by law.
- The police corps shall carry out its task under the
responsibility of and in subordination to the competent authority and in
accordance with the prevailing legislation.
- The organization of the Police Corps of Suriname and
the legal status of the police officers shall be defined by law.
Article 179
- Servicemen or the police officers who become a member
of one of the people's representative bodies shall be suspended from duty by
law.
- Rules with regard to making views or feelings public,
or to using the right of association, assembly and demonstration by servicemen
and police officers shall be defined by law.
CHAPTER XXV DEFENSE OF THE STATE
Article 180
- The defense policy is vested in the Government.
- The protection of the State is a fundamental duty of
every citizen.
- Military service is obligatory for a certain period,
under conditions to be regulated by law.
- 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.
- Without prejudice to further sanctions to be
determined by law, a citizen who intentionally fails to perform military or
civil service when given the opportunity to do so, shall not fulfill or
maintain a function in government or public service.
- 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.
- Repealed.
CHAPTER XXVI THE PEOPLE’S ASSEMBLY
Article 181
- The People’s Assembly consists of:
- the National Assembly
- the District Councils;
- the Local Councils.
- The People's Assembly shall convene for the third
vote:
- 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 cannot be obtained after two
rounds of voting 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 rounds of voting in the National Assembly,
- c. In case a decision shall be taken by law by
absolute majority with regard to the possible discharge of the President, if
the National Assembly does not reach consensus on the matter.
- d. Repealed.
- Decisions in the People's Assembly shall be taken by
ordinary majority of the votes cast, if more than half of the number of
functioning members of the bodies referred to in paragraph 1, are present.
CHAPTER XXVII TRANSITIONAL 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 REPEALED
Third Section
COMING INTO FORCE OF INSTITUTIONS OF GOVERNMENT
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
Repealed.
CHAPTER XXIX RATIFICATION, PROMULGATION AND EFFECTIVE
DATE
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.
- Thus the Constitution has come into force on October
30, 1987.