14
“requesting for urgent action on indigenous and tribal peoples’ rights in Suriname”, and b) a
“petition” presented by the NGO Forest Peoples Programme on January 30, 2002 to the HR
Committee concerning Suriname and its compliance with the International Covenant on Civil
and Political Rights (hereinafter “ICCPR”), specifically in relation to violations of Articles 1,
26 and 27 of said international instrument.
50.
The HR Committee rendered concluding observations on Suriname on May 4, 2004,42
while the CERD issued concluding observations regarding Suriname on April 28, 2004.43
Furthermore, on March 9, 2005 the CERD adopted a follow-up decision regarding the
aforementioned concluding observations.44 Lastly, the CERD has issued three decisions
concerning Suriname according to its early warning and urgent action procedure on March
21, 2003,45 August 18, 2005,46 and August 18, 200647.
51.
In addressing this issue, the Court will focus on the object, purpose, and nature of
the actions brought forth before the United Nations HR Committee and the CERD. With
regards to the HR Committee, the only decision indicated by the State concerned the
procedure by which this monitoring body issued concluding observations and
recommendations on Suriname’s compliance with and implementation of the rights and
obligations set forth in the ICCPR. Such procedure, governed by Article 40 of the ICCPR,
vests on the HR Committee the faculty to examine the State Parties’ periodical reports “on
the measures they have adopted which give effect to the rights recognized [t]herein and on
the progress made in the enjoyment of those rights”. The Court observes that the object
and purpose of the submission made by the NGO Forest Peoples Programme does not
constitute a petition for the adjudication of certain rights of the Saramaka people, but a
“shadow report” intended to assist the HR Committee in formulating questions to Suriname
when reviewing the State’s reports as well as to provide independent information in this
matter. It is clear that the HR Committee’s concluding observations relate to the
assessment of the general human rights situation in the country under scrutiny. Said
procedure contrasts with the system of individual complaints set forth in the First Optional
Protocol to the ICCPR, under which the HR Committee may consider individual
communications relating to alleged violations of the rights enshrined in the ICCPR by States
Party to the Protocol, which has not been the case.
52.
The CERD’s decisions identified by the State, on the other hand, point to two
different supervisory mechanisms. First, the concluding observations were issued within the
in Relation to the Imminent Adoption of Racially Discriminatory Legislation by the Republic of Suriname, January 6,
2005, and Request for Follow Up and Urgent Action Concerning the Situation of Indigenous and Tribal Peoples in
Suriname, July 8, 2005.
42
UNHRC, Consideration of Reports submitted by States Parties under Article 40 of the Covenant,
Concluding Observations on Suriname (Eightieth session, 2004), U.N. Doc. CCPR/CO/80/SUR, May 4, 2004 (case
file of appendices to the representatives’ brief, appendix 4.3, folios 1492-1496).
43
UNCERD, Consideration of Reports submitted by States Parties under Article 9 of the Convention,
Concluding Observations on Suriname (Sixty-fourth session, 2004), U.N. Doc. CERD/C/64/CO/9, April 28, 2004
(case file of appendices to the representatives’ brief, appendix 4.2, folios 1486-1491).
44
UNCERD, Follow-Up Procedure, Decision 3(66) on Suriname (Sixty-sixth session, 2005), U.N. Doc.
CERD/C/66/SUR/Dec.3, March 9, 2005 (case file of appendices to the representatives’ brief, appendix 4.4, folios
1497-1498).
45
UNCERD, Urgent Action Procedure, Decision 3(62) on Suriname (Sixty-second session, 2003), U.N. Doc.
CERD/C/62/CO/Dec.3, March 21, 2003 (case file of appendices to the representatives’ brief, appendix 4.1, folios
1484-1485).
46
UNCERD, Urgent Action Procedure, Decision 1(67) on Suriname (Sixty-seventh session, 2005), U.N. Doc.
CERD/C/DEC/SUR/2, August 18, 2005 (case file of appendices to the representatives’ brief, appendix 4.5, folios
1499-1500).
47
UNCERD, Urgent Action Procedure, Decision 1(69) on Suriname (Sixty-ninth session, 2006), U.N. Doc.
CERD/C/DEC/SUR/5, August 18, 2006 (case file of appendices to the representatives’ brief, appendix 4.6, folios
1501-1502).
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