THE CONSTITUTION
OF THE REPUBLIC OF SURINAME(BULLETIN OF ACTS AND DECREES 1987 NO. 166)

Translated by: Monique S. Pool and Annette Tjon Sie Fat© 2000 The Waterfront Press
This translation of the Constitution of the Republic of Suriname may be reproduced
and distributed freely in its entire unedited form, including this page. No otherduplication is authorised. All other circumstances are covered by the usual copyrightnotices below.
All rights reserved. The authors/translators assert their moral right to be acknowledged
as the authors of this work. No part of this work may be reproduced, stored in a
retrieval system, or transmitted in any form or by any means, graphic, electronic,
mechanical, photocopying, recording or otherwise, without the prior written
permission of the publisher.
The Waterfront Press – P.O. Box 9218 – Paramaribo-Zuid – Suriname (S. Am)
Tel/Fax: +597 431958 – E-mail niqi@compuserve.com

1

FOREWORD TO THE FIRST EDITION

This is the text of the Constitution of the Republic of Suriname of 1987, as
it was published in the Bulletin of Acts and Decrees of the Republic of Suriname no.
166. Before you lies the version which includes the most recent amendments (Bulletinof Acts and Decrees 1992 no. 38). The acting text, however, still contains references
made

to

repealed

articlesorparagraphs.

These

faultyreferences

could

not

be

excluded as a translation should be true to the original. For the sake of clarity, weadded square brackets where necessary.
For the terminology we have chosen to adhere to legal concepts of the Civil
Law system as they are known in English. Furthermore, the terminology chosen will be
used consistently throughout all legislation in translation and is in the process of
being standardised throughout the government service and the media.
We would like to thank all people who were involved in making this publication
possible. We especially would like to thank our proof-readers, Sean Taylor and Karen
Russell-Graham, for their patience and excellent suggestions, as well as Ewald Ombre,
Judge with the High Court of Justice in Suriname, for his assistance in clarifying
the Dutch text. Finally, we owe much thanks to the Translation Department of the
Ministryof

Education

for

its

supportandformakingavailable

allnecessarymaterial.

Monique S. Pool

Annette Tjon Sie Fat

FOREWORD TO THE SECOND EDITION

This second edition of the Constitution of the Republic of Suriname of 1987
was especially revised and prepared for the Elections 2000. There are no majorchanges to the English translation, only some adjustments made on the basis ofterminological experience and insights gained over the past four years. With theseelections in mind it was bundled together with the other legal regulations pertaining
to the elections in a special issue.
I would like to thank all people who were involved in making this publication
possible. In addition, for this revised edition I would especially like to thankCarla Simons, for helping me out in doing some speedy revisions and Sean Taylor forhis helpful suggestions and Mr. E. Rudge Ll.M., for helping me out with some legaleseissues.

Monique S. Pool2

CONSTITUTION OF THE REPUBLIC OF SURINAME
THE NATIONAL ASSEMBLY
1987

No. 166

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 age-long struggle of our People againstcolonialism, which was terminated by the establishment of the Republic of
Suriname on 25 November 1975,
considering
thereof,theconscious ofdomination,

coup

our

d'état

duty

to

of

25

combatFebruary

and

1980

prevent

andtheconsequences

every

form

of

foreignresolved to defend and protect the national sovereignty, independence andintegrity,
conscious of the will to determine our own economic, social and culturaldevelopment in full freedom,
convinced of our duty to honour and guarantee the principles of freedom,
equality and democracy as well as the fundamental rights and freedoms ofman,inspired by a civic spirit and by the participation in the establishment,
expansion and maintenance of a society that is socially just,determined to collaborate with one another and with all peoples of the worldon the basis of freedom, equality, peaceful co-existence and international
solidarity,© 2000 The Waterfront Press

SOLEMNLY DECLARE TO ACCEPT,FOLLOWING CONSTITUTION.

ASARESULTOFTHE

PLEBISCITE

HELD,

THE

CHAPTER I

3

SOVEREIGNTYFirst Section
THE REPUBLIC OF SURINAME
Article 1
1.
The Republic of Suriname
sovereignty of the people andfundamental rights and liberties.

is a democratic State based on theon respect for and the guarantee of

2.
The Surinamese Nation shall determine in full freedom its economic,
social and cultural development.

Second Section
TERRITORY
Article 2
1.
Suriname consists of the territory on the South American continent,
which has been defined as such.
2.
The State shall not alienate any territory or sovereign rights which
it exercises over that territory.
3.
The expanse and boundaries of the territorial waters and the rights ofSuriname to the adjacent continental shelf and the economic zone shall be
determined by law.

Third Section
NATIONALITY© 2000 The Waterfront Press

Article 3
1.
It shall be determined by law who is a Surinamese citizen and who is a
resident.
2.

Naturalization shall be regulated by law.

3.

All Surinamese citizens shall be allowed access into Suriname and are4

free to travel and to reside within Suriname, except in the cases as definedby law.
4.
All Surinamese citizens shall
public office without discrimination.

beeligibleforappointment

to

any

5.
The law shall determine to which public offices foreigners can beappointed.
6.
law.

The admission of foreigners and their expulsion shall be regulated by

7.
The law shall determine the rules with regard to the extradition offoreigners; 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© 2000 The Waterfront Press

The concern of the State is aimed at:a.

the building and maintenance of a national economy, free from foreign
domination;b.

a secured means of livelihood for the entire population;c.

sufficient employment with the guarantee of freedom and justice;d.

the sharing of everyone in economic, social and cultural development
and progress;e.

the participation, in the perception of one’s citizenship,
establishing, expanding and maintaining a just society;f.

the guaranteeing of national unity and sovereignty.

in

CHAPTER IIECONOMIC OBJECTIVES

5

Article 5
1.
The economic objectives of the Republic of Suriname shall aim at theestablishment of a national economy, free from foreign domination and in theinterest of the Surinamese nation.
2.
The economic system within which the socio-economic development takes
place shall be characterized by joint, contemporaneous and equal functioningof state enterprises, private enterprises, enterprises in which the Stateand private persons participate in common and co-operative enterprises,
according to the applicable legal regulations in respect thereof.
3.
It is the duty of the State to promote and guarantee as much as
possible all types of entrepreneurial production.

CHAPTER III
SOCIAL OBJECTIVES
Article 6© 2000 The Waterfront Press

The social objectives of the State shall aim at:a.

the identification of the potential for development of its own naturalenvironment and the augmentation of the capacity to increasingly
expand that potential;b.

guaranteeing the participation of the community in political life,
among
other
things,throughnational,
regional
andsectoralparticipation;c.

guaranteeing a government policy aimed at raising the standard ofliving and well-being of the society, based on social justice, and theintegral and balanced development of State and society;d.

an equitable distribution of the national income, directed towards afair distribution of well-being and wealth among all strata of the
population;e.

a regional spread of public services and economic activities;f.

the improvement of co-determination by the employees in companies andproduction units in taking decisions regarding production, economic
development and planning;

6

g.

creating and improving the necessary conditions for the protection ofnature and for the preservation of the ecological balance.

CHAPTER IV
INTERNATIONAL PRINCIPLESArticle 7
1.
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.
2.
The Republic of Suriname promotes the development of the international
legal order and supports the peaceful settlement of international disputes.
3.
The Republic of Suriname rejects any armed aggression, any form ofpolitical and economic pressure, as well as any direct or indirectintervention in the domestic affairs of other States.
4.
The Republic of Suriname promotes solidarity and collaboration withother peoples in combatting colonialism, neocolonialism, racism andgenocide, and in the fight for national liberation, peace and social
progress.
international
co-existence,© 2000 The Waterfront Press

5.
The Republic of Suriname promotes participation inorganisations with the objective of establishing peacefulpeace and progress for humanity.

7

CHAPTER VBASIC RIGHTSINDIVIDUAL RIGHTS AND FREEDOMS
Article 8
1.
All who are within the territory of Suriname shall have an equal claim
to protection of person and property.
2.
No one shall be discriminated against on grounds of birth, sex, race,
language, religion, education, political opinion, economic position or any
other status.

Article 91.

Everyone has a right to physical, mental and moral integrity.

2.
No one may be subjected to torture, degrading or inhumane treatment or
punishment.
Article 10
Everyone shall have, in case of infringement of one's rights andfreedoms, a claim to an honest and public treatment of his complaint withina reasonable time by an independent and impartial judge.

Article 11
No one may be kept against his will from the judge whom the law
assigns to him.

Article 12
1.

Everyone has the right to legal assistance before the court.

2.
The law shall provide regulations with regard to legal aid for thefinancially weak.

Article 138

The loss of civil rights or the general forfeiture of all the propertyof an offender may not be imposed as a penalty or as a consequence of apenalty for any crime.

Article 14
Everyone has the right to life. This right shall be protected by thelaw.

Article 15
No one shall be obliged to do forced or compulsory labour.

Article 16
1.

Everyone has the right to personal liberty and safety.

2.
No one shall be deprived of his freedom, other than on the grounds ofand according to proceedings determined by law.
3.
Everyone who is deprived of his freedom has a right to treatment inaccordance with human dignity.

Article 17
1.
Everyone has a right to respect for his privacy, his family life, his
home, and his honour and good name.
2.
No dwelling may be entered against the will of the occupant, except byorder of an authority which has the power to give such order by virtue oflaw and subject to the conditions prescribed by the law.
3.
The confidentiality of correspondence, telephone and telegraph shallbe inviolable except in the cases described by law.

Article 18
Everyone has the right to freedom of religion and philosophy of life.

9Article 19
Everyone has the right to freedom of opinion and expression throughthe 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 andassembly, taking into consideration the rules to be determined by law for
the protection of public order, safety, health and morality.

Article 21
1.

The right to demonstrate peacefully is recognized.

2.
In the interest of public order, safety, health and morality the useof this right can be subject to rules and limitations determined by law.

Article 22
1.
Everyone has the right to submit written petitions to the competentauthority.
2.

The law regulates the procedure for the treatment thereof.

Article 23
In case of war, threat of war, state of siege or state of emergency orfor reasons of state security, public order and good morals, the rights
mentioned in the Constitution may be subject to limitations determined bylaw, which will be in force during a certain time, depending on thecircumstances, in compliance with the international rules applicable inrespect thereof.

CHAPTER VI
SOCIAL, CULTURAL AND ECONOMIC RIGHTS AND OBLIGATIONSFirst Section
THE RIGHT TO WORK

10

Article 24
The State shall take care of the creation of conditions in which an
optimal satisfaction is attained of the basic needs for work, food, healthcare, education, energy, clothing and communication.

Article 25
Labour is the most important
important source of wealth.

means

of

human

development

and

an

Article 26
1.

Everyone has the right to work, in accordance with his capacities.

2.

The duty to work is inseparably linked to the right to work.

3.
Everyone has the right of free choice of profession and work, except
for regulations imposed by law.
4.

Everyone has the right of initiative for economic production.

Second Section
STATE CONCERN FOR LABOUR
Article 27
1.
It shall be the duty of the State to guarantee the right to work as
much as possible by:
a.
b.
c.

© 2000 The Waterfront Pressd.

following a planned policy, aimed at full employment;
forbidding dismissals without good cause or on political orideological grounds;
guaranteeing equal opportunity in the choice of profession and type ofwork and forbidding that access to any function or profession shall be
prevented or limited on grounds of sex;
promoting professional training for employees.

2.
The State shall take care of creating conditions for the optimal
promotion of initiatives for economic production.

11

Third Section
RIGHTS OF EMPLOYEESArticle 28
All employees shall have, independent of theirnationality, religion or political beliefs, the right to:
a.
b.
c.
d.

age,

sex,

race,

remuneration for their work corresponding to quantity, type, quality
and experience on the basis of equal pay for equal work;
the performance of their task under humane conditions to enable selfdevelopment;
safe and healthy working conditions;sufficient rest and recreation.

Fourth Section
DUTIES OF THE STATE CONCERNING THE RIGHTS OF EMPLOYEESArticle 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.
b.

making regulations with regard to wages, working hours, labour
conditions and special categories of workers;
supplying special protection at the workplace for women during andafter 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
1.
Employees are free to establish trade unions to protect their rights
and interests.

12

2.
In exercising trade union rights the following freedoms
guaranteed without discrimination:a.
freedom to join a trade union or not;b.
the right to participate in trade union activities.

shall

be

3.
Trade unions shall be governed by the principles of democraticorganisation and management based on regular elections of their executive
committee by means of a secret vote.

Sixth Section
RIGHTS OF TRADE UNIONS AND
COLLECTIVE AGREEMENTS
Article 31
1.
The trade unions shall have the power tointerests of the employees they represent andresponsibility.

defend the rights andfor whom they assume2.

Trade unions shall be involved in:a.
b.

the preparation of labour legislation;
the creation of institutions of social security and other institutions
aimed at serving the interests of employees;
the preparation for and the control of the execution of economic andsocial plans.

c.

3.
Trade unions shall have the right to conclude collective labour
agreements.
The rules concerning the powers to conclude collective labour agreements andthe sphere of application of their rules shall be determined by law.

RIGHTS OF EMPLOYERS
Article 32
The associations for the protection of the interests of businessentrepreneurs shall have the power to defend the rights and interests of
those whom they represent and for whom they assume responsibility.

Seventh Section

13

THE RIGHT TO STRIKE
Article 33
The right to strike is recognized, subject to the limitations which
originate in the law.

Eighth Section
THE RIGHT TO PROPERTY
Article 34
1.
Property, both of the community and of private persons, shall fulfil asocial function. Everyone has the right to the undisturbed enjoyment of his
property, subject to the limitations which originate in the law.
2.
Expropriation shall take place only in the general interest, pursuant
to rules to be laid down by law and against compensation guaranteed inadvance.
3.
Compensation need not be previously assured
emergency, immediate expropriation is required.

if,

in

case

of

an

4.
In cases determined by or pursuant to the law, the right tocompensation shall exist if, in the public interest, the competent authority
destroys or renders property unusable or restricts the exercise of property
rights.

Ninth Section
THE FAMILY
Article 35
1.

The family is recognized and protected.

2.

Husband and wife are equal before the law.

3.
Every child shall have the right to protection without any form of
discrimination.

14

4.
Parents shall have the same responsibilities towards legitimate andnatural children.
5.

The State recognizes the extraordinary value of motherhood.

6.

Working women shall be entitled to paid maternity leave.

Tenth Section
HEALTH
Article 36
1.

Everyone has the right to health.

2.
The State shall promote general health-care by a systematic
improvement of living and working conditions and shall give information on
the protection of health.

Eleventh Section
YOUTH
Article 37
1.
Young people shall enjoy special protection
economic, social and cultural rights, including:
a.
b.
c.

for

the

enjoymentofaccess to education, culture and work;
vocational education;
physical training, sports and leisure.

2.
The primary goal of youth policy shall be the development of thepersonality of the young person and of his sense to serve the community.
Twelfth Section
EDUCATION AND CULTURE
Article 38
1.

Everyone has the right to education and cultural expression.

15

2.
Education shall be free, subject to State supervision of all public
educational institutions, in order that the national education policy andthe educational standards laid down by the State shall be observed.
3.

The practice of science and technology shall be free.

4.
The State shall promote the kind of education and the conditions underwhich school education and other forms of education can contribute to thedevelopment of a democratic and socially just society.
5.
The State shall promote the democratization of culture by promoting
the enjoyment of culture and cultural creativeness, and by guaranteeing theaccessibility to those cultural creations to all citizens by means ofcultural and recreational organisations, information media and othersuitable channels.

Thirteenth Section
EDUCATION
Article 39
1.
The State recognizes and guarantees the right of all citizens to
education and shall offer equal access to education to all.
2.

In the execution of its education policy the State shall be obliged:

a.
b.
c.

to guarantee compulsory and free elementary education;
to guarantee sustainable education and to eradicate illiteracy;
to grant access to the highest levels of education, scientificresearch and artistic creation to all on the basis of merit;to provide, in phases, free education on all levels;
to harmonise education with the productive and social needs of thesociety.

d.
e.

CHAPTER VII
THE ECONOMIC SYSTEM
Article 40
In order to promote socio-economic development towards a socially justsociety, a development plan shall be laid down by law, incorporating thenational and socio-economic objectives of the State.

16Article 41
Natural riches and resources are the property of the nation and shallbe used to promote economic, social and cultural development. The nation has
the inalienable right to take complete possession of its natural resourcesin order to utilize them to the benefit of the economic, social and culturaldevelopment of Suriname.

Article 42
1.
The law shall guarantee that the method in which trade and industry
are conducted shall not be contrary to national objectives and public
interest, notably public order, health, morality, and state security.
2.

The traffic of foreign currency shall be regulated by law.

Article 43
Facilities for the promotion of investments in the productive sector
shall be determined by law.

Article 44
The right to industrial property shall be regulated by law.

CHAPTER VIII
THE SOCIAL SYSTEM
Article 45
The social system shall, in principle, be based on a society in which
all Surinamese 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.

17

Article 47
The State shall save and protect the cultural heritage of Suriname,shall promote its preservation and shall encourage the use of science andtechnology in the context of the national development objectives.

Article 48
1.
The State shall supervise the production and availability of and thetrade in chemical, biological, pharmaceutical and other products intended
for consumption, medical treatment and diagnosis.
2.
The State shall supervise all medical, pharmaceutical and paramedical
practitioners and practices.
3.
The inspection of the products and professions mentioned in the firstand second paragraphs shall be regulated by law.

Article 49
A housing plan shall be determined by law, aimed at the provision of a
sufficient number of affordable houses and State control on the use of realestate for public housing.

Article 50
The policy in relation to social security for widows, orphans, theaged, the disabled and incapacitated workers shall be laid down by law.

Article 51
The State shall take care to make theinstitutions accessible to those seeking justice.

services

of

legal

aid

CHAPTER IX
PRINCIPLES OF DEMOCRATIC STATE ORGANISATIONFirst Section

18

POLITICAL DEMOCRACY
Article 52
1.
All political power is vested in the people and shall be exercised inaccordance with the Constitution.
2.
The political democracy is characterized by the participation andrepresentation of the Surinamese people, which shall express itself throughthe participation of the people in establishing a democratic politicalsystem, as well as in their participation in legislation and administration
aimed at the maintenance and expansion of this system. The politicaldemocracy shall further create the condition for the participation of thepeople in general and free elections by secret ballot for the composition of
the representative organs and of the Government.
3.
Accountability to the people, supervision of government actions byorgans created for that purpose and the right of recall with respect toelected representatives are guarantees for true democracy.

Second Section
POLITICAL ORGANISATIONSArticle 53
1.
The State recognizes the right of citizens to establish politicalorganisations, subject to the limitations originating in the law.
2.
Political
democracy.

organisations

shallrespect

national

sovereignty

and3.
In exercising their rights the political organisations shall take thefollowing into account:a.
their objectives shall not be in violation of or be incompatible with
the Constitution and the law;b.
the organisations shall be accessible to each Surinamese citizen whomeets the criteria to be defined by law, provided that he agrees withthe basic principles of the party;c.
the internal organisation must be democratic, which shall beevidenced, inter alia, by:regular committee elections;the prerequisite that candidates nominated for election to thepeople’s representative bodies shall be elected within the party
structure;

19

d.
e.

f.

g.

the electorate shall be informed of the political programme and theelection program of the political organisations;income sources and accounts shall be published annually in the
Official Gazette of the Republic of Suriname and at least one daily
newspaper;
their functioning shall be in accordance with the principles of goodadministration, and with prescribed legal rules for the guarantee of
openness and transparency;
the drafting of a programme, with as its single goal the promotion of
the national interest.

Third Section
BASIC PRINCIPLES FOR THE FUNCTIONING OF
THE INSTITUTIONS OF GOVERNMENT
Article 54
1.
The State is obligated to register all voters and to notify them toparticipate in the elections. The registration of the voters shall serve noother purpose. The voters are obligated to co-operate with the registrationof the electorate.
2.
For the organisation and the functioning of the institutions ofgovernment, the following principles shall be respected:a.
decisions of higher institutions of government shall be binding upon
lower institutions. This rule does not apply to judicial institutions;b.
lower institutions of government shall be answerable to the higher
institutions and shall render account of their work;c.
the administrative and executive institutions shall be subject tocontrol by the representative bodies;d.
the freedom of discussion, criticism and recognition of the minority
by the majority shall apply in all councils and state institutions;e.
those who hold political office shall be liable in civil and incriminal law for their acts and omissions;f.
those who hold political office shall be under the obligation to
fulfil their tasks in the public interest;g.
no one shall be nominated for life in any political office;h.
the central government shall take care of a well-organized, regulardissemination of information on government policy and government
administration to enable the people to optimally participate in theadministrative structures.
The lower government shall have the obligation to create a process ofcommunication with the people, for the purpose of making theGovernment answerable to the public and to ensure the participation of20

the people in policy-making.

CHAPTER X
THE NATIONAL ASSEMBLYFirst Section
ORGANISATION AND COMPOSITION OF THE NATIONAL ASSEMBLY
Article 55
1.
The National Assembly represents the people of theSuriname, and shall express the sovereign will of the nation.
2.

Republicof

The National Assembly is the highest institution of State.

Second Section
ELECTION OF THE MEMBERS OF THE NATIONAL ASSEMBLY
Article 56
1.
Members of the National Assembly shall be elected for a five-year
term.
2.
This five-year term shall only be prolonged by law in case of war orother extraordinary circumstances, which prevent an election from being
held.

Article 57
1.
The members of the National Assembly shall be elected directly byresidents having Surinamese nationality and having reached the age ofeighteen years.

© 2000 The Waterfront Press

2.

Each voter shall have only one vote.

Article 58
The following persons shall be debarred from exercising the right to
vote:

21

a.
b.
c.

persons who have been denied the right to vote by an irrevocable
judicial decision;
persons who are lawfully kept in detention;
persons who have lost the right to dispose of or administer theirproperty by irrevocable judicial decision on the grounds of insanity
or a mental deficiency.

Article 59
All residents who have Surinamese nationality, who have reached theage 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), are qualified
to be elected.

Article 60
Everything further pertaining to the right to vote, to the creation of
an independent electoral council and its powers, to the division of Suriname
in electoral districts, to the repartition of seats in the National Assembly
by electoral district, and to the methods according to which the allocationof seats takes place shall be regulated by law. Such law shall be passedwith a two-thirds majority.

Third Section
MEMBERSHIP OF THE NATIONAL ASSEMBLY
Article 61
1.
The National Assembly consists of 51 members elected per district on
the basis of general and free elections by secret ballot, pursuant to thesystem of proportionate representation by the highest average andpreferential votes.
2.
Personswho
have
submitted
theircandidacyforelectionasrepresentatives to the National Assembly shall live in the district involved
and shall have had their main or actual residence there for two years prior
to the elections.

Article 62
The law determines for which functions membership of the National
Assembly shall result in the suspension from duty.

22

Article 63
REPEALED
Article 64
The term of session of the National Assembly and of the otherrepresentative institutions on the local and district level shall coincide
as much as possible.

Article 65
On assuming office, the members shall make the following oath oraffirmation:"I swear (solemnly, sincerely and truly declare and affirm) that in order tobe elected a member of the National Assembly I have not given or promised,
nor will give or promise, directly or indirectly, under any name or pretext
whatsoever, anything to anyone whomsoever.
I swear (solemnly, sincerely and truly declare and affirm) that in order todo 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 (solemnly, sincerely and truly declare and affirm) that I will
conscientiously fulfil the office of member of the Assembly.
I swear (solemnly, sincerely and truly declare and affirm) that I will
foster the well-being of Suriname to the best of my abilities.
I swear (solemnly, sincerely and truly declare and affirm) obedience to theConstitution and all other legal regulations.
I swear (solemnly, sincerely and truly declare and affirm) allegiance to the
Republic of Suriname.
So help me, God Almighty (I so solemnly declare and affirm)."

Article 66
Within, but no later than, thirty days after the members of the
National Assembly have been elected, this institution shall convene under
the chairmanship of the member senior in years, and in case of absence or
nonappearance, always under the next eldest member. In this meeting the23National Assembly shall examine the credentials of its new members, andshall settle disputes arising from those credentials or from the election
itself, according to rules to be laid down by law.
In the case in which several members could be appointed as most senior
member, the person to be appointed as acting chairman shall be chosen by
lot.

Article 67
1.
The most senior member as intended in the previous article shall,prior to the meeting, take the required oath or affirmation before thePresident, after which he shall swear in the other fifty members. Thereafter
the meeting attends to the business of electing a speaker and a deputy
speaker of the National Assembly, who shall immediately assume theirfunctions.
2.
The speaker shall take the required
National Assembly before the acting chairman.

oath

or

affirmation

in

the

3.
If the acting chairman is elected as speaker he shall take therequired oath or affirmation in the National Assembly before the deputy
speaker.

Fourth Section
TERMINATION OF MEMBERSHIP OF THE NATIONAL ASSEMBLY
Article 68
1.
a.
b.
c.
d.
e.
f.
g.

Membership of the National Assembly shall be terminated in case of:death;
resignation;a recall of the member in the manner to be laid down by law;
the occurrence of conditions which exclude the eligibility forelection;
an appointment as Minister or Under-Minister;absence during an uninterrupted period of five months;
a conviction for a criminal offence by an irrevocable judicial
decision involving detention of at least five months.

2.
Membership of the National Assembly is incompatible with the office ofMinister or Under-Minister, provided that upon the election of a Minister or
Under-Minister as a Member to the National Assembly, the office of Minister24

or Under-Minister can be combined with membership of the National Assemblyfor no longer than three months after admission to the National Assembly.
3.
Further rules in relation to the loss of membership of the National
Assembly can be laid down by law.

CHAPTER XI
THE LEGISLATURE
First Section
THE EXERCISE OF LEGISLATIVE POWERS
Article 69
The legislature, the Government and the other institutions
government shall adhere to the provisions of the Constitution.

ofArticle 70
The Legislative Power
Assembly and the Government.

shall

be

exercisedjointlybythe

National

Second Section
POWERS OF THE NATIONAL ASSEMBLY
Article 71
1.
The National Assembly shall have the power to decide on all bills
which are submitted to it for approval.

© 2000 The Waterfront Press

2.
The National Assembly shall have the power to decide by a two-thirds
majority on the organisation of a People's Assembly or a plebiscite in thosecases deemed necessary by the National Assembly, without prejudice to theprovisions of Article 179, paragraph 2.
3.
The National Assembly shall establish its own standing orders. Thesestanding orders, in which rules of procedure for the People's Assembly shallbe included, will be promulgated by state decree.

25

Article 72
Without prejudice to what is enshrined elsewhere in the Constitution
for regulation by law, the following matters shall in any case be regulated
by law:
a.
b.
c.
d.
e.

f.
g.

treaties, subject to the provisions of Article 104;
the amendment of the Constitution;
the declaration and termination of the state of war, the civil ormilitary state of emergency;
the determination and change of the political and administrative
subdivision of the Republic of Suriname;the determination of the expanse and the boundaries of the territorial
waters, and the rights of the Republic of Suriname to the adjacentcontinental shelf and the economic zone;
the establishment of a council for national development;
the granting of amnesty or pardon.

Article 73
The socio-economic and political policy
require prior approval by the National Assembly.

of

the

Governmentshall

EXECUTIVE TASKS OF THE NATIONAL ASSEMBLY
Article 74
The National Assembly has the following executive tasks:
a.
b.

c.
d.
e.

electing the President and Vice-President, and deciding on theirpremature resignation;
placing the nominations of the chairman, deputy chairman, the members
and their appointed deputies of the institution in charge of thesupervision and control of the expenditure of the state finances to
the President;
placing the nominations of the members of the Constitutional Court andtheir appointed deputies to the President;
appointing, suspending and discharging the clerk of the Assembly;
organising any People's Assembly.

Third Section
LEGISLATIVE PROCEDURE, RIGHTS OF AMENDMENT,26

INITIATIVE, INTERPELLATION AND INQUIRYArticle 75
1.
The President shall submit the bills or other government proposals to
the National Assembly by written note.
2.
Public debate on any government proposal which has been received shallalways be preceded by an inquiry into that proposal.
3.
The National Assembly shall determine inmanner in which such inquiry shall be conducted.

its

standing

ordersthe

Article 76
The National Assembly shall have the right to amend bills proposed by
the Government.

Article 77
1.
If the National Assembly resolves to pass the bill, whether amended ornot, it shall notify the President thereof.
2.
If the National Assembly resolves not to pass the bill, it shall also
give notice thereof to the President, with the request to review the billmore 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
Each member of the National Assembly shall have the right to propose abill to the National Assembly.

Article 79
The National Assembly shall have the right of inquiry, which shall be
regulated by law.

Article 80
1.

All

bills

passedbythe

National

Assemblyandapproved

by

the

27

President shall acquire force of law after promulgation.
2.
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, thePresident shall address the National Assembly in an extraordinary session on
the policy to be followed by the Government.

Article 82
All meetings of the National Assembly shall be open to the public,
except in special cases if it decides to convene behind closed doors.

Article 83
1.
The National Assembly shall not commence deliberations
decisions if not more than half of its members are present.

or

take

2.
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.
3.
A majority of at least two-thirds of the constitutional number ofmembers of the National Assembly shall be required for decisions concerning:a.
the amendment of the Constitution;b.
the amendment 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 organisation of a People's Assembly, subject to the provisions ofArticle 181, paragraph 2;f.
the organisation of a plebiscite.

Article 8428

1.
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 beconsidered as having been defeated.
2.
In the event of an equality of votes at a meeting not attended by all
who are at that moment members of the National Assembly, the decision shallbe postponed to a subsequent meeting. The motion shall be considered ashaving been defeated in the event of an equality of votes in such meeting.
3.
Voting shall be by roll-call if at least five members desire this andshall then be by word-of-mouth; however, in case of the election or
nomination of persons, voting shall be by secret and unsigned ballot.
4.
The meeting can decide by at least two-thirds of the votes cast thatvoting on a specific matter shall be by secret and unsigned ballot.

Article 85
1.
The Government shall provide the National Assembly with the requested
information either in writing or orally.
The Government
meeting.

canbeinvitedbythe

National

Assemblytoattendthe

2.
The Government may attend meetings of the National Assembly as well asof the People's Assembly. It has an advisory role in those meetings. The
Government can be assisted in these meetings by experts.
Article 86
The law shall regulate the financial provisions for the members andformer members of the National Assembly and their surviving relatives.
Article 87
1.
The National Assembly appoints, suspends and discharges its clerk. The
clerk may not at the same time be a member of the National Assembly.
2.

The law shall regulate his legal position.

Fifth Section
IMMUNITY29

Article 88
The speaker, the members of the National Assembly, the Government andthe experts referred to in Article 85, paragraph 2, shall be exempted from
criminal prosecution for anything they have said in the Assembly or havesubmitted to it in writing, except if in so doing they have made public what
was said or submitted under obligation of confidentiality in a closed
meeting.

Article 89
The National Assembly is bound to inform the District Councils in amanner to be laid down by law on decisions taken or viewpoints which concern
their districts.

CHAPTER XII
THE PRESIDENTFirst Section
GENERAL PROVISIONS
Article 90
1.
The President is Head of State of the Republic of Suriname, the Headof Government, the Chairman of the Council of State and of the Security
Council.
2.

He is answerable to the National Assembly.

Article 91
1.
The President and the Vice-President are elected by the National
Assembly for five years. The term of office of the President is terminatedupon the inauguration of the President-elect. If the office becomes vacant,then the President-elect begins a new term of office.
2.
The provisions of the previous paragraph apply equally to the VicePresident.

30Article 92
1.
To qualify for election as President or Vice-President a candidate
must:-

have Surinamese nationality;
be at least thirty years of age;not be excluded from the right to vote and the right to be elected;
not have acted in violation of the Constitution.

2.
Before submitting his candidacy, he must have had his domicile andmain and actual residence in Suriname for at least six years.

Article 93
At the inauguration, the President and the Vice-President shall takethe following oath or affirmation before the National Assembly:"I swear (solemnly, sincerely and truly declare and affirm) that, in order
to be elected President (Vice-President) of the Republic of Suriname, I havenot given or promised, nor will I give or promise, directly or indirectly,
under any name or pretext whatsoever, anything to anyone whomsoever.
I swear (solemnly, sincerely and truly declare and affirm) that in order todo 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 (solemnly, sincerely and truly declare and affirm) that infulfilling the office of President (Vice-President) I will attend to andfoster, with all my powers, the interests of the country and people.
I swear (solemnly, sincerely and truly declare and affirm) 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 individual
liberty and the rights of all people, and will employ, for the maintenanceand promotion of the individual and general welfare, all means which thelaws and circumstances place at my disposal, as a good and faithful
President (Vice-President) should.
I swear (solemnly, sincerely and truly declare and affirm) obedience to theConstitution and all other legal regulations.
I swear (solemnly, sincerely and truly declare and affirm) allegiance to the
Republic of Suriname.
So help me God Almighty (I so solemnly declare and affirm!)."31

Article 94
The President and the Vice-President shall not hold other politicaland administrative offices in the civil service, shall not fulfil functions
in trade and commerce or labour unions and shall not practice any otherprofessions.

Article 95
The President and the Vice-President may, neither directly nor
indirectly, participate in any enterprise, nor act as guarantor thereof,
which is based on an agreement for profit or gain made with the State orwith a part thereof.
They may hold no money claims, except for government bonds, against theState.
Article 96
The President and the Vice-President may, neither directly nor
indirectly, participate in any concession or enterprise of any natureestablished or operating in Suriname.

Article 97
1.
The President may not be married, related by blood or by marriage up
to the second degree, to the Vice-President, the Ministers, the UnderMinisters, the members of the Council of State and the chairman, the deputy
chairman and the members of the institution which is in charge of thesupervision and control of the expenditure of state finances.
2.
He who, after his election, enters into a relationship by marriage ofa forbidden degree, shall only remain in office after having received legal
consent.

Article 98
The office of President shall be exercised by the Vice-President:
a.
b.
c.

in case the President is declared unfit to exercise his powers;
in case the President has laid down the exercise of his powers
temporarily;
as long as there is no President or if he is absent;

32

d.

if, in the case described in Article 140, proceedings against the
President have been initiated.

Second Section
POWERS OF THE PRESIDENT
Article 99
Executive power is vested in the President.

Article 100
The President shall have the supreme command over the armed forces.
Article 101
The President shall be in charge of foreign relations
promote the development of the international legal order.

and

shall

Article 102
1.
The President shall not declare the Republic of Suriname to be at war,in threat of war or in state of siege, unless he has the prior approval of
the National Assembly.
This approval shall not be required if consultation
Assembly, as a result of force majeure, is not possible.

with

the

National

2.
The President shall not declare war, the threat of war or state ofsiege between the State of Suriname and another power to be terminated,
unless he has the prior approval of the National Assembly. This approvalshall not be required if consultation with the National Assembly, as aresult of force majeure, is not possible.
3.
To maintain external and domestic security, in case of war, threat ofwar or in case of a serious threat to or disturbance of the domestic orderor peace, which could result in substantial damage to the interests of theState, the President can declare the state of emergency in any part ofSuriname, subject to the prior approval of the National Assembly.
4.
The President shall not declare the state of emergency to beterminated, unless he has the prior approval of the National Assembly. This33

approval shall not be required if consultation with the National Assembly,
as a result of force majeure, is not possible.
Article 103
Agreements with other powers and international organisations shall beconcluded by or with the authority of the President, and insofar as theagreement requires, shall be ratified by the President. The National
Assembly shall be notified of such agreements as soon as possible; theyshall not be ratified and they shall not come into effect until they havereceived the approval of the National Assembly.

Article 104
1.
Approval shall be given either explicitly or implicitly.
Explicit approval shall be given by law. Implicit approval shall be 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 shall be subject to its
explicit approval.
2.

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 such application should be incompatible with provisions of agreements
which are directly binding on anyone and which were concluded either before
or after the enactment of the regulations.
Article 107
The law shall regulate the promulgation of agreements and decisions ofinternational organisations.

Article 108
At the proposal of the Government, the President shall bestow
honourary orders of the Republic of Suriname upon people who qualify

34therefor.

Article 109
The President shall have the right to grant pardons for penalties
adjudged by court sentence. He shall exercise this right after having heard
the opinion of the judge who had pronounced the legal sentence.

POWERS WITH REGARD TO OTHER INSTITUTIONSArticle 110
In addition, the President has the power:
a.
b.
c.
d.
e.
f.
g.
h.

to constitute the Council of Ministers, after consultations, taking
the results of the elections into account;to direct the preparatory work for the government programme;
to direct the activities of the Council of State;
if required, to convene and to lead the meetings of the Council of
Ministers;
to appoint and remove Ministers from office;to ratify approved bills and proposed state decrees;to suspend decisions of the Council of Ministers, and of Ministers;
to appoint, suspend and discharge any person to whom a public service
is entrusted, inasmuch as appointing, suspending, or discharging has
not been assigned to another state institution.

POWERS IN INTERNATIONAL RELATIONSArticle 111
In international relations the President has the power:
a.
b.
c.

to appoint, discharge, replace and suspend diplomatic representativesof the Republic of Suriname;to accredit or refuse accreditation of diplomatic representatives ofother states;to accept letters of credence from foreign diplomatic representatives.

35

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 MINISTERSFirst Section
THE COUNCIL OF STATE
Article 113
There shall be a Council of State whose composition and powers shallbe 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 thefollowing oath or affirmation before the President:"I swear (solemnly, sincerely and truly declare and affirm) that, in order
to be appointed member of the Council of State, I have not given or
promised, nor will I give or promise, directly or indirectly, under any nameor pretext whatsoever, anything to anyone whomsoever.
I swear (solemnly, sincerely and truly declare and affirm) that in order todo or refrain from doing anything whatsoever in this office, I will not
accept any promises or presents, directly or indirectly, from anyone
whomsoever.

© 2000 The Waterfront Press

I swear (solemnly, sincerely and truly declare and affirm) that I will
perform my duties and that I will not make public the things of which I havetaken cognizance through my appointment as member of the Council of State,
and which are entrusted to me in confidence, or of which I should understandthe confidential character, except to those persons to whom I am obligatedby law or ex officio to communicate them.
I swear (solemnly, sincerely and truly declare and affirm) obedience to theConstitution and all other legal regulations.
I swear (solemnly, sincerely and truly declare and affirm) allegiance to the
Republic of Suriname.

36

So help me, God Almighty (I so solemnly declare and affirm!)."POWERS OF THE COUNCIL OF STATE
Article 115
Without prejudice to what is regulated by law the Council of State has
the following powers:
a.
b.

c.
d.

2.

to advise the President in the execution of his office of Head ofState and Head of Government;
to advise the Government on general policy matters and on the content
of bills, as well as agreements under international law for which theconsent of the National Assembly is required;to advise the Government on proposed state decrees;to pass its own standing orders, which shall be determined by state
decree.
REPEALED.

Second Section
THE GOVERNMENT
Article 116
1.
The President, the Vice-President and the Council of Ministers
together form the Government. The Vice-President is in charge of the day-today management of the Council of Ministers, and is as such answerable to the
President.
2.

The Government is answerable to the National Assembly.

Article 117
The Government shall draft state decrees. Provisions which are
enforceable by penalties shall not be made by such state decree unless it ispursuant to the law. The law regulates the penalties to be imposed.

Article 118

37

The manner of promulgation of laws and state decrees, and the moment
at which they become effective shall be regulated by law.

Third Section
THE COUNCIL OF MINISTERS
Article 119
1.
The Council of Ministers is the highest executive and administrative
institution of Government.
2.
The Ministers together form the Council of Ministers, which is chairedby the Vice-President.
3.

The Council of Ministers has at least one deputy chairman.

Article 120
The meetings of the Council of Ministers may be attended
specialized and/or technical experts at the invitation of the chairman.

byArticle 121
The Council of Ministers is obligated to assist in
information to the Council of State for the execution of its task.

providing

TASKS OF THE COUNCIL OF MINISTERS
Article 122
Subject to the provisions laid down in the standing orders for theCouncil, the tasks of the Council of Ministers are:
a.
b.
c.
d.
e.

to execute the policy determined by the Government;
to prepare legislative acts and administrative regulations;to supervise the correct execution of decrees if their execution is
entrusted to it;
to prepare and to execute an efficient policy;
to give direction to administrative organs and to supervise
administrative functions of local institutions through the Ministries

38

involved.

TASKS OF THE MEMBERS OF THE COUNCIL OF MINISTERS
Article 123
1.
The members of the Council of Ministers shall be charged with leading
their respective Ministries and with the tasks assigned to them by thestanding orders of the Council of Ministers and by other rules andregulations.
2.

The Ministers are answerable to the President.

Fourth Section
UNDER-MINISTERS
Article 124
The President may appoint to a Ministry one or more Under-Ministers
who, in cases in which the Minister deems it necessary, may replace the
Minister with due regard to his instructions.
The Under-Minister is on that account answerable to the President,
without prejudice to the responsibility of the Minister.

Fifth Section
OTHER PROVISIONS
Article 125
On assuming office, the Ministers and Under-Ministers shall take thefollowing oath or make the following promise before the President:"I swear (solemnly, sincerely and truly declare and affirm) that, in order
to be appointed Minister, I have not given or promised, nor will I give or
promise, directly or indirectly, under any name or pretext whatsoever,anything to anyone whomsoever.
I swear (solemnly, sincerely and truly declare and affirm) that in order todo or to refrain from doing anything whatsoever in this office, I will not

39

accept any
whomsoever.

promisesor

presents,

directlyorindirectly,I
swear(solemnly,
sincerely
andtruly
declareconscientiously fulfil all the obligations pertaining
Minister.

fromanyoneandaffirm)to the officetoofI swear (solemnly, sincerely and truly declare and affirm) that I will
promote the well-being of Suriname to the best of my abilities.
I swear (solemnly, sincerely and truly declare and affirm) obedience to theConstitution and all other legal regulations.
I swear (solemnly, sincerely and truly declare and affirm) allegiance to the
Republic of Suriname.
So help me God Almighty (I so solemnly declare and affirm!)."Article 126
The law regulates the financial provisions for the Ministers, theUnder-Ministers, the former Ministers and former Under-Ministers, and of
their surviving relatives.

Article 127
The standing orders for the Council of Ministers shall be determinedby state decree.

CHAPTER XIV
THE NATIONAL SECURITY COUNCILFirst Section
GENERAL PROVISIONS
Article 128
There shall be a National Security Council, which can only commence
its activities after the duly authorized institutions have decided todeclare 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.

40

Second Section
COMPOSITION OF THE SECURITY COUNCIL
Article 129
The Security Council shall consist of:
a.
b.
c.
d.
e.
f.
g.

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
1.
The Security Council shall protect the sovereignty and the domestic
security of the Republic of Suriname and is endowed with special powers in
respect of the external and domestic security of the Republic of Suriname inthe cases mentioned in Article 128.
2.
Further regulations concerning the exercising of powers by the
Security Council and the declaration of the state of emergency, as mentioned
in Article 102, paragraph 3, shall be determined by law.

CHAPTER XVTHE LEGAL SYSTEMFirst Section
GENERAL PROVISIONS© 2000 The Waterfront Press

Article 131
1.

In Suriname justice shall be administered in the name of the Republic.

2.
No act shall be punishable other than by virtue of a previously
determined legal regulation.

41

3.
Any interference in the investigation or prosecution of cases, andthose 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 powerof the legislature to regulate special subjects by separate laws.

Second Section
THE JUDICIARY
Article 133
1.
The Judiciary shall consist of the President and the Vice-President of
the High Court of Justice, the members and the deputy members of the High
Court of Justice, the Procurator General of the High Court of Justice, andother members of the Public Prosecutions Department, and of other judicial
officers designated by law.
2.
The law may provide that persons who do not belong to the Judiciaryshall also take part in the activities of the Judiciary.
3.
The President, the Vice-President, the members and the deputy membersof the High Court of Justice constitute the Judiciary, which is charged withthe administration of justice.

Article 134
1.
The cognizance and adjudication of all lawsuits is exclusively
entrusted to the Judiciary, unless the law appoints another judge.

© 2000 The Waterfront Press2.
The imposition of penalties and measures provided by law is also
entrusted to the Judiciary which is charged with the administration ofjustice, subject to exceptions made by law, which in respect of detention
may only relate to military penal and disciplinary law.

Article 135
1.

The decision of lawsuits not arising from civil law relations may be42referred by law to administrative judges. The
procedure and the consequences of the decisions.

law

shall

regulatethe2.
In the cases indicated in the previous paragraph the administrative
appeal can also be made available. This appeal shall only exclude thecompetence of the Judiciary insofar as this stems from the law.

Article 136
1.
All judicial decisions shall state the grounds upon which they are
decided, and in penal cases they shall also indicate the articles of thelegal regulations upon which the conviction is based.
2.
The court sessions shall be public, subject to exceptions determinedby law.
3.
The provisions of the first paragraph may be deviated from in case ofpunishable acts designated by law for which detention is not provided as a
sanction.
4.

The judicial decision shall be pronounced in public.

Article 137
Insofar as the judge considers the application of a provision of a law
in the particular case brought before him to be contrary to one or moreconstitutional rights mentioned in Chapter V, the application in that caseshall be declared unlawful by him.

Third Section
COMPOSITION OF THE JUDICIARY
Article 138
The law shall determine the organisation, the composition and thejurisdiction of the Judiciary.

Article 139
The supreme body of the Judiciary entrusted with the administration of43

justice is called the High Court of Justice of Suriname. The High Court
shall supervise the regular course and settlement of all court proceedings.

Article 140
Those who hold political office shall be liable to trial before theHigh Court of Justice, even after their retirement, for punishable acts
committed in the discharge of their official duties.
Proceedings are initiated against them by the Procurator General after they
have been indicted by the National Assembly in a manner to be laid down bylaw. It can be determined by law that members of the High Councils of Stateand other officials shall be liable to trial for punishable acts committed
in the exercise of their functions before the High Court.

Article 141
1.
To be appointed as a member of the Judiciary entrusted with theadministration of justice or as Procurator General with the High Court ofJustice, one must have reached the age of thirty years and have Surinamese
nationality, and be domiciled with main or actual residence in Suriname.
2.
The members of the Judiciary entrusted with the administration ofjustice and the Procurator General with the High Court of Justice shall be
appointed by the Government, upon the advice of the High Court of Justice.
The appointment of the President, the Vice-President, the members of theHigh Court of Justice and the Procurator General shall be for life.
3.
The law determines the other requirements for their appointment aswell as the financial allowance for them and their surviving relatives.
Article 142
1.
The members of the Judiciary entrusted with the administration ofjustice and the Procurator General of the High Court of Justice aredischarged by the Government:- at their own request;- upon reaching the age of retirement.
2.
The persons mentioned in the first paragraph may be discharged by theGovernment at the proposal of the High Court of Justice:if they have been placed under legal restraint;
in case of proven continuous mental disorder;
if they have been sentenced to an irrevocable detention for having
committed a punishable act;
if they have been declared bankrupt;

44

-when they have obtained a moratorium or are under court custody for
their civil debts;
on the grounds of serious misconduct or immorality or in case ofproven continuous negligence in the fulfilment of their office.
Article 143

If the President of the High Court of Justice is of the opinion that
one of the reasons for discharge as mentioned in Article 142, paragraph 2 ispresent, he can suspend the person in question and he can also provide for a
temporary replacement in that office.
The law shall regulate the consequences of the suspension and discharge fromoffice.

Fourth Section
CONSTITUTIONAL COURT
Article 144
1.
There shall be a Constitutional Court which is an independent bodycomposed 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.
2.
a.

b.

The tasks of the Constitutional Court shall be:to verify the purport of Acts or parts thereof against theConstitution, and against applicable agreements concluded with otherstates and with international organisations;to assess the consistency of decisions of government institutions with
one or more of the constitutional rights mentioned in Chapter V.

3.
In case the Constitutional Court decides that a contradiction exists
with one or more provisions of the Constitution or an agreement as referred
to in paragraph 2 sub a, the Act or parts thereof, or those decisions of thegovernment institutions shall not be considered binding.
4.
Further rules and regulations concerning the composition, theorganisation and procedures of the Court, as well as the legal consequencesof the decisions of the Constitutional Court, shall be determined by law.

Fifth Section

45

THE PUBLIC PROSECUTIONS DEPARTMENT
Article 145
The Public Prosecutions Department is, with the exclusion of all otherinstitutions, responsible for the investigation and is charged with theprosecution of all punishable acts.
The law can deviate from this principle for criminal proceedings involving
the military.

Article 146
1.
The Public Prosecutions for the High Court
exercised by or on behalf of the Procurator General.

ofJustice

shall

be

2.
The Procurator General represents the Republic of Suriname in court.
He is the head of the Public Prosecutions Department and is at the same timein charge of the court police. He has the powers to give the officers whoare entrusted with police tasks instructions for the prevention, detection
and investigation of punishable acts, if he deems that necessary in theinterest of good justice.

Article 147
The Procurator General supervises the correct execution of the tasksof 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 Procurator General orders withregard to prosecution in the interest of state security.

CHAPTER XVI
SUPERVISION OF THE EXPENDITURE OF STATE FINANCES
Article 149
1.
An institution shall be established by law which shall have the task
to supervise the expenditure of state finances, as well as to control the46

management of government funds in the broadest sense.
2.
The justification as well as the effectiveness of the expenditure andmanagement of the state finances shall be supervised and controlled.

Article 150
The chairman, the deputy chairman, the members and the deputy members
shall be appointed by the President for a period of five years at therecommendation of the National Assembly.

Article 151
The institution intended in Article 149 shall periodically, but atleast once a 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 organisation and thepowers of this institution shall be regulated by law.

CHAPTER XVIIADVISORY COUNCILS
Article 153

One or more advisory councils for the benefit of the Government shallbe created by law, which law will also contain the provisions on their
appointment, composition, procedures and jurisdiction.

CHAPTER XVIIITHE FINANCIAL AND MONETARY SYSTEM
Article 154
1.
The structure of the financial system shall be regulated by law insuch a manner that by economizing and by correct allocation of the necessary47

financial means, investments in the productive sector shall be promoted.
2.
The law shall lay down rules concerning the monetary system and theCentral Bank.
3.
The law shall lay down rules concerning the banking and insurance
business.
4.
Conditions for the manner in which the State obtains loans shall be
regulated by law.

CHAPTER XIX
TAXESArticle 155
1.
Taxes are levied pursuant to the law, which regulates the rate oftaxation, tariffs, exemptions and guarantees for taxpayers.
2.
No privilege withpursuant to the law.

regard

to

taxes

shall

be

permitted

other

than

THE BUDGET
Article 156
1.
The manner in which the Annual Budget is prepared, drafted andexecuted, and the period for which it is valid shall be regulated by law.
2.
All expenditure of the State and the means for the defrayal thereof
shall be estimated in the Budget.
3.
Annually, at the latest on the first working day of October, theBudget shall be submitted to the National Assembly in one or more bills, inaccordance with the law and with the government development plan.
On the occasion of the submission of the Budget Proposals by the Government
to the National Assembly, the President will address the National Assemblyin a special session.
4.a.
b.

The Budget shall become operative on the first day of January of the
fiscal year to which it relates.
It shall be considered to have become operative from that day on,48

notwithstanding its promulgation at a later time.
As long as it has not become operative, the Budget of the fiscal year
preceding the year in question shall serve as the basis for theadministration.
5.a.
b.

The closing of the accounts shall be decided by law for each fiscal
year separately.
The justification of revenue and expenditure of the State is done
before the National Assembly according to instructions by law, andtogether with the submission of the accounts reviewed by the
independent organ to be established by law.

CHAPTER XX
PUBLIC ADMINISTRATION
Article 157
1.
The structure of the agencies of public administration shall be suchthat they can bring their services close to the people in order to assure
the participation of those concerned in the actual activities, and in order
to avoid undue bureaucracy.
2.
Without diminishing the combined effectiveness, or the powers of theGovernment to give guidance and to exercise supervision, suitable forms ofadministrative decentralization shall be established by law, taking
efficiency into account.
3.
Administrative procedures shall be established by law, which will
ensure the rationality of the methods used by the ministries, as well as theparticipation of the citizens in the process of decision-making or in thedebates concerning them.

Article 158
1.
Everyone shall have the right to be informed by the agencies of public
administration on the progress in cases under consideration in which he has
a direct interest, and on final decisions taken with regard to him.
2.
Interested parties shall have the right to submit to the court forreassessment any final and enforceable act by agencies of public
administration, which is believed to be unlawful.
3.

The right of the interested party to hear and be heard shall be49

guaranteed in disciplinary procedures.

CHAPTER XXIREGIONAL ADMINISTRATIONFirst Section
GENERAL PROVISIONS
Article 159
The democratic order of the Republic of Suriname comprises lower
institutions of government on the regional level, whose function,organisation, competence and procedures shall be regulated by law inaccordancewiththeprinciples
ofparticipatory
democracy
anddecentralization of administration and legislation.

Second Section
DEMARCATION OF THE TERRITORY
Article 160
1.
The demarcation of the Territory into districts and of districts into
administrative jurisdictions shall be regulated by law. The following
criteria shall apply for the demarcation in districts and administrative
jurisdictions:-concentration of the population;
potential for development;
feasibility of administering the territory;
availability of infrastructure;
location of the centre of administration.

© 2000 The Waterfront Press2.
The boundaries of the districts are the boundaries indicated in thedecree Districtenindeling 1983 (S.B. 1983 Nr. 24 - Demarcation of the
districts 1983, Bulletin of Acts and Decrees of the Republic of Suriname No.
24, 1983).

Third Section
REGIONAL REPRESENTATION

50

Article 161
1.
There are two representative bodies
District Councils and the Local Councils.

at2.
The District Council is
institution of the district.

political

andadministrative

3.
The Local Council is the supreme politicalinstitution of the administrative jurisdiction.

andadministrative

thesupremetheregionallevel:the

DISTRICT COUNCILS
Article 162
The composition of the District Councils shall be established aftergeneral and free elections by secret ballot in the administrative
jurisdictions of the district concerned.
The seats on the District Council are given to the representative
political organisations with seats on the Local Councils of the district
concerned, in proportion to the total number of seats they acquired on the
Local Councils.

LOCAL COUNCILS
Article 163
The composition of the Local Councils shall be established aftergeneral and free elections by secret ballot within the administrative
jurisdiction. The order of election of the representatives is determined by
the order of personal votes received. All available seats shall beallocated.
Without prejudice to other legal requirements with regard to eligibility inrepresentative bodies, the candidates for a Local Council or a District
Council must have their main and actual residence in the district oradministrative jurisdiction concerned.

Fourth Section
JURISDICTION

51

Article 164

The regional representative bodies and the regional administrative
organs participate in the preparation, creation and the execution of theplans for districts and administrative jurisdictions. Other specific tasks
shall be regulated by law.

Article 165
The financial allowances for the districts and administrative
jurisdictions shall be determined by law; they aim at, inter alia, thepromotion of a reasonable and equitable division of funds in the districts.
Article 166
The Government exercises supervision over the districts, in the mannerand in the cases provided by law.

Fifth Section
PROCEDURES
Article 167
The District Councils and Local Councils shall express the will andaspirations of the inhabitants. The District Councils shall inform the
National Assembly thereof, whereas the Local Councils shall inform theDistrict Councils.
The District Councils shall be obligated to inform the Local Councils on
measures taken or opinions stated, which concern the Local Councils. Thisobligation shall also apply to Local Councils in relation to the District
Council.

Article 168
1.
The elected district representatives shall have the opportunity toparticipate in the formulation and the creation of the national and regional
development policy.
2.
The District Council shall have the power to delegate
representatives to participate in the council for national development.

its

52

3.
The District Councils shall have the power to forward proposals
concerning their own district for further treatment to the ministerial
departments concerned.

CHAPTER XXIIREGIONAL LEGISLATION
Article 169
1.
The provision of regulations and the administration of the affairs ofthe district shall be left to the District Council.
2.
The District Council shall draft the district ordinances which it
considers necessary in the interest of the district, subject to therestrictions of the Constitution and the legal regulations and administrative measures of the Government. It shall be indicated by law with regard towhich subjects the District Councils shall have legislative powers.

Article 170
1.
The National Assembly, the Government, the Council of State and theDistrict Commissioner involved shall be informed of the district ordinances
before they become effective.
2.
The population of the district shall be informed of the contents ofthe district ordinances through publication in local newspapers and in the
Official Gazette of the Republic of Suriname, and ordinances shall beavailable for perusal at the office of the District Commissioner.

Article 171
After the publication as mentioned in Article 170, everyone shall havethe opportunity to submit objections against the district ordinances to the
National Assembly.

Article 172
1.
If a district ordinance is in contravention of the Constitution, thegovernment programme or the existing legal regulations, the National
Assembly may annul it.

53

2.
The District Council shall have the power to commence the procedure ofmaking the district ordinance effective and of promulgating it, in a manner
to be decided by law, if the National Assembly has notified the District
Council in writing within six weeks after the district ordinance wassubmitted to it, that it has no objections.

Article 173
1.
The decisions taken by the District Council which do not containgeneral rules, shall stand under strict supervision exercised by theGovernment. If those measures are considered to be in contravention of thegovernment programme or the national interest, the President shall suspendthem.
2.
If, after suspension, the District Council is of the opinion that
there is no contradiction with the government programme or the national
interest, the dispute is submitted to the National Assembly, whose decision
shall be binding.

CHAPTER XXIIIREGIONAL AUTHORITIESArticle 174
1.
Every district shall have a district administration. The district
administration is the executive organ of the district.
2.
The district administration consists of the District Commissioner andthe representatives of the various ministerial departments in the district.

Article 175
The district administration is charged with the daily administrationof the district.

Article 176
REPEALED

CHAPTER XXIV

54

ARMY AND POLICE
First Section
THE NATIONAL ARMY
Article 177
1.
The National Army shall have as its task the defence of thesovereignty and the territorial integrity of Suriname against foreign,
military, armed aggression.
2.
Without prejudice to the provisions of the previous paragraph, thearmy can be charged with special tasks to be defined by law.
3.
The army shall carry out its task under the responsibility of and insubordination to the competent authority and in accordance with theprevailing legislation.
4.
The organisation of the National Army and the legal status of theservicemen shall be defined by law.

Second Section
THE POLICE CORPS OF SURINAME
Article 178
1.

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 ofregulations, the breach of which shall be punishable by law.

2.
Without prejudice to the provisions of the previous paragraph, thepolice can be charged with special tasks to be defined by law.
3.
The police corps shall carry out its task under the responsibility ofand in subordination to the competent authority and in accordance with theprevailing legislation.
4.
The organisation of the Police Corps of Suriname and the legal statusof the police officers shall be defined by law.

55

Article 179
1.
Servicemen or police officers who become a member of one of thepeople's representative bodies shall be suspended from duty by law.
2.
Rules with regard to making views or feelings public, or to using theright of association, assembly and demonstration by servicemen and police
officers shall be defined by law.

CHAPTER XXV
DEFENCE OF THE STATE
Article 180
1.

The defence policy is vested in the Government.

2.

The protection of the State is a fundamental duty of every citizen.

3.
Military service can be made compulsory for a certain period, underconditions to be regulated by law.
4.
Civil service can be made compulsory under conditions to be regulated
by law, as a substitute or complement to military service.
5.
Persons who are found to be unsuited for military service or who areconscientious objectors can, under conditions to be laid down by law,
perform unarmed military or civil service, suitable to their situation.
6.
Without prejudice to further sanctions to be determined by law, acitizen who intentionally fails to perform military or civil service when
given the opportunity to do so, shall not fulfil or maintain a function ingovernment or public service.
7.
A citizen who performs military or civil service shall not be deemed
to damage his legal position, secondary labour conditions or further careerdevelopment.
8.

REPEALED.

CHAPTER XXVI

56

THE PEOPLE'S ASSEMBLY
Article 181
1.

The People's Assembly shall consist of:-

the National Assembly;
the District Councils;
the Local Councils.

2.
a.

The People's Assembly shall convene for the third vote:in case of amendments to the Constitution with regard to the powers
and tasks of the representatives in the various representative bodies,
for which the approval is required of at least two-thirds of thenumber of valid votes cast 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 noneof 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 withregard to the possible discharge of the President, if the National
Assembly does not reach consensus on that matter;d.

REPEALED

3.
Decisions in the People's Assembly shall be taken by ordinary majorityof 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 PROVISIONSFirst Section
FORMER CONSTITUTIONAL LAW
Article 182
The provisions of the Constitution of 25 November 1975, of which theapplication was suspended on 13 August 1980, shall cease to exist upon the
coming into force of this Constitution.

57

Second Section
FORMER COMMON LAW
Article 183
The legal regulations, as they existed before the effective date ofthis Constitution, including the acts and decrees promulgated after 25
February 1980, shall remain in force until they shall be replaced by otherlegal regulations according to this Constitution on the condition that,
insofar as they may be in contravention of the Constitution, they shall beharmonized with this Constitution no later than by the end of the firstsession of the National Assembly, in default whereof they shall lose theirforce of law.

CHAPTER XXVIIIREPEALED

Third section
COMING INTO FORCE OF INSTITUTIONS OF GOVERNMENT
Article 184
1.
The National Assembly shall commence its activities within 30 days
after the election results.
2.
The National Assembly shall elect the President and the Vice-Presidentof the Republic of Suriname within 30 days after the commencement of thesession of the National Assembly.

Article 185
REPEALED

Fourth Section
RATIFICATION, PROMULGATION AND EFFECTIVE DATE
Article 186

58

1.
The date of the Constitution of the Republic of Suriname shall be thedate of the plebiscite by which the people of Suriname approved it.
2.
The decision by which the Constitution shall be approved by the peopleof Suriname shall be ratified by the President and shall be formallypromulgated no later than 30 days after the approval thereof.
Thus, the Constitution shall become effective on 30 October 1987.

© 2000 The Waterfront Press

3.

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