HR-REP-2-SR*HUM NENTOA OMSIN OFJURISTS COMMISSION INTERNATIONAL Report of a Mission to Suriname in February/SVIarch 1983 1983 February/SVIarch in Suriname to Mission a of Report yPo. . osy n Po.J Griffiths G J. Prof. and Bossuyt M. Prof. by Suriname ua Rights Human in

REPORT OF A MISSION (FEB/MARCH 1983)

Human Rights in Suriname

by

Prof. Mare Bossuyt Prof. J. Griffiths Faculty of Law Faculty of Law University of Antwerp an University of Groningen Belgium Netherlands

International Commission of Jurists (ICJ) Geneva, Switzerland

INTERNATIONAL COMMISSION OF JURISTS - GENEVA CONTENTS

1. Introduction II. Background Information Concerning Suriname III. Developments Between the First and Second ICJ Missions IV. The Conduct of the Mission V. The Observations of the Mission VI. Events Subsequent to the Mission Report of 21 March VII. The Suspension of Development Assistance to Suriname VIII. Conclusions REPORT OF A MISSION

Human Rights in Suriname

by Professor Marc Bossuyt, Faculty of Law, Professor John Griffiths, Faculty of Law, University of Antwerp, Belgium University of Groningen, Netherlands

I. Introduction fiths’ report, concerned illegal arrests and detentions and the mistreatment of detain­ From 25 February through 4 March ees, infringement of freedom of the press 1983 Prof. Griffiths and Prof. Bossuyt were by means of lawless intimidation, and a sent as observers on behalf of the ICJ on a number of aspects of the procedure before mission concerning the human rights situa­ a Special Tribunal created to try corrup­ tion in Suriname. tion cases. Griffiths concluded that al­ Prior to the present mission the ICJ had though the immediate situation at the time expressed to the government of Suriname of his mission was relatively favourable by its concern about the events of 8—9 Decem­ comparison with the foregoing year, there ber 1982, when 15 prominent opposition was nevertheless ground for serious con­ figures met their death while in the custody cern. He commented that of the army. Most of them were members of a recently formed Suriname Association “given the absence of any legal protec­ for Democracy, which had, in an open let­ tion against such abuses - as evidenced, ter to Col. Bouterse, Chairman of the Mili­ among other things, by the absence of tary Council, called for a constructive dia­ any significant sanctions, civil, criminal logue with a view to a return to constitu­ or otherwise, against those notoriously tional rule, parliamentary elections and the guilty of such abuses in the recent past Rule of Law. — everyone knows that he has only the The purpose of the ICJ mission was to present delicate political balance to enquire into the present situation concern­ thank for the relative security he now ing the rule of law and the system of jus­ enjoys. tice, including legal guarantees for ensuring An atmosphere of insecurity hangs the fair trial of suspects with an indepen­ over the country, an atmosphere of de­ dent judiciary and legal profession. fencelessness which is itself a human Professor Griffiths had previously under­ rights problem of very serious dimen­ taken a mission to Suriname on behalf of sions. Only the government can do any­ the ICJ in 1981. A report of this earlier thing about this, by putting an end to mission was published in ICJ Newsletter official and semi-official anarchy, and No. 8 (January/March 1981). In February hence to the stifling atmosphere which of 1981 the most serious human rights it fosters, and by making clear that a problems in Suriname, according to Grif­ permanent end has come to violence and lawlessness, and that those involved, elections and a return to constitutional whatever their rank, will be made to suf­ democratic rule, final political authority in fer the legal consequences.” Suriname has been in the hands of a small group of mostly military figures.2

II. Background Information Concerning Suriname III. Developments Between the First and Second ICJ Missions Suriname is situated on the northeast coast of South America. A former Dutch The immediate occasion for the second colony, it received its independence in mission was an upward spiral of apparent 1975. Suriname has a typically Caribbean governmental lawlessness and violence, cul­ population and culture, deriving from a minating in the deaths while in military former plantation economy which required custody of 15 leading opposition figures, the importation of its labour supply - first and followed by the unilateral decisions of in the form of African slaves, later of Hin­ the Dutch and other governments to sus­ dustani and Javanese contract labourers. pend or freeze their development assistance These, together with the descendants of programmes until adequate assurances of European and Jewish planters, farmers, sol­ respect for human rights are given by the diers and administrators (all of whom inter­ Suriname authorities. married, or at least interbred, with the The relevant events can be summarised local population), and also Chinese and as follows: Lebanese merchants, American Indians, Shortly after the first ICJ mission, Sgt- and Bush Negroes (descendants of escaped Major Sital and Sgt Mijnals, who had been slaves), and others, go to make up an extra­ sentenced on 11 December 1980 to two ordinarily kaleidoscopic and relatively well- years imprisonment for their part in an al­ integrated population of about half a mil­ leged plot, and Sgt Joenram, who had re­ lion, of whom almost a third have emigrat­ ceived a one year sentence, were released ed to the Netherlands in recent years.1 from prison. On 25 November 1975 Suriname be­ After having attempted a coup with­ came independent as a multi-party Repub­ out success on 15 March 1981, Sgt W. lic with an elected parliament and an inde­ Hawkerf, who had been a participant in pendent judiciary. On 25 February 1980 the successful coup of 25 February 1980, the constitutionally established govern­ was sentenced to 4 years imprisonment. ment was set aside in an almost blood-free In his book “Terreur op uitkijk” (“Ter­ coup d'etat carried out by a small group of ror on the look-out”) published in October non-commissioned officers. Some weeks 1981 Bram Behrf, a journalist, described after the coup a new civilian government how a peasant family was terrorised by the was appointed by the military authorities. Military Police. After having been shot Since that time, despite several promises of three times, one member of that family,

1) For the social and political history of Suriname see R. van Lier, Samenleving in een Grensgebied (197), and E. Dew, The Difficult Flowering of Suriname (1978). 2) Further information concerning the period between the coup d’etat of 25 February 1980 and the first ICJ mission can be found in the report of the earlier mission. t Since died a violent death. Deta Mahest, was killed by Sgt Lachman, ed upon instructions of Military Command­ who was later sentenced for misconduct by er D. Bouterse shortly thereafter (30 July a military tribunal. 1982). After strong protests by the judi­ On 4 February 1982 President Chin A ciary and others, they were again released Sen resigned at the request of the Military on 9 August, and on 21 August 1982 they Authority, composed of the military com­ were found guilty and sentenced to 5 manders D. Bouterse, R. Horbf and H. months imprisonment. Fernandest. Fernandes, who was due to The trial of Lieutenant Rambocus start­ become Minister of the Army at the end of ed on 13 October 1982. J. Baboeramt, E. the month, died in an helicopter accident Hoostt and H. Riedewaldt acted as lawyers on 28 March 1982. for the defence. On 3 December 1982 Lieu­ On 12 March 1982, Lieutenant S. Ram- tenant Rambocus was sentenced to 12 bocust freed Sgt. Major W. Hawker from years imprisonment. prison and attempted a coup which failed. At the end of October 1982 there was A heavily wounded Hawker was removed increasing pressure from social organisa­ from hospital, taken to military headquar­ tions calling for elections and a return to ters at Fort Zeelandia, forced to make a democratic government. C. Daalt, the lead­ declaration on television, and summarily er of the main trade union (“Moederbond”), executed. On 18 March Military Command­ was very active in this movement. On 28 er D. Bouterse announced that a state of October 1982 he was arrested but quickly war had been declared with retroactive ef­ released when several services went on fect to 11 March, pursuant to which the strike in protest against his arrest. On 31 army had conducted a field court martial October 1982, Daal presided over a mass and carried out a death penalty. meeting of 15,000 persons, while a mass More than 50 people were arrested in meeting called by Military Commander D. connection with the Hawker/Rambocus Bouterse attracted only 1,500 persons. coup-attempt, several of whom were se­ At about the same time strikes were verely beaten. Prof. I. Oemrawsinght, a held at the University. According to gov­ prominent member of one of the two ma­ ernment circles, those actions were politi­ jor political parties before the coup of 25 cally coordinated by Dr. F. Leckiet, Dean February 1980, was allegedly implicated in of the Faculty of Social and Economic the coup-attempt. On 15 March 1982 his Sciences. dead body was found near the border with On 2 November 1982 the Bar Associa­ Guyana. Section on his body indicated that tion presided over by K. Gongalvest, wrote his blood contained traces of an insecticide. a letter to the “Policy Centre” (the highest The official cause of his death is suicide. political body of the regime). This letter On 30 March 1982 the Military Com­ called for a return to constitutional, demo­ mander D. Bouterse announced a decree cratic rule and was publicly endorsed by providing for the rights and duties of the various important groups, such as the lead­ people of Suriname, and on 31 March 1982 ing religious groups, the Business Associa­ a new government was formed with H. tion, the Association of Suriname Manufac­ Neyhorst as Prime Minister. turers and the Association of Mecical Prac- Two military officers who allegedly had ticioners. previous knowledge of the attempted coup The latter part of 1982 saw increasingly by Rambocus and Hawker were released by severe criticism of the government and de­ the judicial authorities. They were rearrest­ mands for a return to democratic rule in the press and on the radio. adopted an open letter addressed to Milita­ In a television address on 15 November ry Commander Bouterse. The Association 1982 Military Commander Bouterse review­ rejected the totalitarian concept according ed the state of the nation after the events to which the views of the leaders are deci­ which had taken place at the end of Oc­ sive and only those who loyally support tober and the first half of November 1982. the main lines of those views are allowed to In that address he stated that his approach participate in their further elaboration and during the past few years had been based execution. The Association called for the on four main foundations: consultation, military to withdraw from active politics participation, supervision and accountabili­ and to concentrate on their essential duties ty. Military Commander Bouterse added as a stabilising factor in the public interest, that organisations wishing to qualify for maintaining a strictly neutral position. consultation and participation would first The Association considered that it would have to meet the requirements formulated be impossible to convince the Suriname by him with regard to “democracy at the population otherwise, in the light of its basis". He concluded that, drawing from maturity, its cultural and historical back­ the multitude of information and the deep ground, its political traditions and its con­ insight accumulated during dialogues with cern for politics. The Association predicted the people during the past few years, the that, considering the fact that the views ex­ main lines of his policy would be further pressed by Military Commander Bouterse worked out and published by the end of on 15 November 1982 were rejected by the March 1983 at the latest. large majority of the population, he would On 17 November 1982 an “Association in the last resort be led to adopt a policy for Democracy” was established as a non­ of repression unheard of in Suriname. political organisation formed by 13 organi­ Early in the morning of 8 December sations which endorsed the generally ac­ 1982 14 persons were arrested and taken cepted principles of a modern democratic to the military headquarters at Fort Zee- society governed by the Rule of Law. The landia. These consisted of four journalists Association consisted of the Committee of (Bram Behrf, Leslie Rahmant, Jozef Slag- Christian Religions, the Hindu Religious veert and Frank Wijngaardef), four law­ Community Sanatan Dharm, the Hindu Re­ yers (John Baboeramf, Kenneth Goncal- ligious Community Aryans, the Madjlies vest, Eddy Hoostt and Harold Riede- Muslimin Suriname, the Suriname Islamic waldt), two university teachers (Gerard Association, the Suriname Muslim Associa­ Leckiet and Suchrin Oemrawsinght), two tion, the Suriname Business Association, businessmen (Andre Kamperveenf and the Association of Suriname Manufactur­ Somradj Sohansingt) and two trade union ers, the Suriname Bar Association, the As­ leaders (Cyrill Daalf and Fred Derby). Two sociation of Medical Practitioners in Suri­ army officers (Soerindre Rambocust and name, the Association of Managers and Jiwansingh Sheombart) were taken from Chief Editors of the Press, the Central Or­ prison to Fort Zeelandia. During the same ganisation of Farmers Unions and the Na­ night a number of buildings were set on tional Suriname Womens Council. By letter fire by the army: the ABC radio station of 2 December 1982 the Suriname Law­ (Creole) owned by Andre Kamperveen, the yers' Association also joined the Associa­ Lionarons press office where the newspa­ tion for Democracy. per “De Vrije Stem” (“The Free Voice”) On 23 November 1982 the Association was printed, and the building of the “Moe- derbond”, the largest trade union in Suri­ strangled in his cell. The official explana­ name. Somewhat later the Radika radio tion to date is suicide. station (Hindustani) was also on fire. The fire department received orders not to put out the fires. IV. The Conduct of the Mission In the morning of 9 December 1982 the corpses of 15 of the abovementioned per­ The mission was arranged in consulta­ sons — only Fred Derby survived — were tion with the then Minister of Foreign Af­ delivered to the mortuary of the “Acade- fairs, Harvey Naarendorp, at whose sugges­ misch Ziekenhuis” (University Hospital). tion the ICJ observers arrived on Friday 25 The evening of that same day Military February 1983, on which date a new gov­ Commander Bouterse appeared on televi­ ernment was expected to be installed. The sion and announced that a number of the ICJ had supplied the Suriname authorities arrested had been killed while trying to in advance with a list of categories of per­ escape during their transportation from sons with whom the observers would want Fort Zeelandia to another military base. to speak, including political and military On the same day the government of Prime figures, church leaders, representatives of Minister Neyhorst resigned. the bar, the judiciary, the press, profes­ On 9 and 10 December 1982 hundreds sional, social and economic organisations of people, including medical doctors, saw and embassies. the corpses in the mortuary. Nearly every Unfortunately, the formation of the corpse showed signs of severe mistreat­ new government did not take place until ment. The corpses without exception show­ Monday 28 February 1983 and Naarendorp ed signs of large numbers of bullet wounds was no longer a member of it. As a result, in the chest, abdomen, the face or the when the mission arrived on 25 February limbs. The wounds clearly indicated that 1983 (the third anniversary of the coup of the victims had been shot from the front. Military Commander Bouterse), the Suri­ The injuries, as further described in a re­ name authorities were apparently quite un­ port of 14 February 1983 by the Nether­ prepared for the mission, and on top of lands Lawyers Committee for Human this were in the middle of a change of gov­ Rights (the Netherlands section of the ICJ) ernment. In those circumstances it was lead to the conclusion that the 15 victims very difficult for the ICJ observers to estab­ were severely tortured and intentionally lish contact with high government officials. killed.3 To date there has been neither an On Tuesday 1 March 1983, the ICJ ob­ autopsy nor any other official investigation servers had a long interview with Mrs. Y. of these deaths. Baal and Mr. E. Brunings, of the governing On 30 January 1983 15 persons, includ­ board of the University, who introduced ing Major R. H orbt and two ministers in themselves as representatives of Military the caretaker Neyhorst cabinet, were ar­ Commander Bouterse, assigned by him the rested in connection with an alleged con­ responsibility of receiving the ICJ mission spiracy against Military Commander Bou­ on his behalf and coordinating the pro­ terse. On 4 February 1983 Horb was found gramme of the observers. They told the ICJ

3) The Dutch government submitted the NJCM report to the UN Commission on Human Rights (UN Doc. E/CN.4/1983/55). observers that Military Commander Bouter­ ciation of Suriname Jurists told the repre­ se, who was said to be extremely busy with sentatives of Military Commander Bouterse the installation of the new government and that they were unwilling to receive the ICJ the preparation of his imminent departure observers before their organisations’ posi­ the same week to attend the non-aligned tions had been determined in a general summit in New Delhi, would be unable to membership meeting. receive them, but had invited them to In these circumstances, the observers come back to meet him at a later date. were not able to discuss the situation with On Wednesday 2 March 1983 the ob­ all of those whom, as the ICJ had notified servers were received by the new Deputy the Suriname authorities in advance, they Prime Minister, Winston Caldeira, repre­ had hoped to meet in order to obtain a full senting the Prime Minister and Minister of picture. However, on the basis of the dis­ Foreign Affairs, Erroll Alibux. Caldeira in­ cussions which they were able to have, as formed the ICJ observers that until the well as other information available to new government had formulated its pro­ them, the observers were able to make a gramme, which was scheduled for 15 April number of observations concerning the hu­ 1983, representatives of the government man rights situation in Suriname. would not be prepared to discuss the situa­ Prior to their departure from Suriname, tion in Suriname with foreign observers. As the ICJ observers, who were returning to a result of this decision, previously schedul­ Europe separately, prepared a draft press ed meetings with other high government release to be used by both of them in an­ officials, including, in particular, represen­ swering questions by reporters on their re­ tatives of the Ministry of Justice, were can­ turn. While this draft press release dealt celled. The ICJ observers were, however, largely with the conduct of the mission it­ informed by Caldeira that the government self, it did also contain some preliminary had decided to invite the ICJ to send ob­ observations of a more substantive nature. servers for a follow-up mission at a later Before their departure, the observers made date, and that a formal confirmation of this draft press release available to a repre­ this invitation would be sent to the ICJ sentative of the Suriname News Agency at shortly. her request. Despite these circumstances, the ICJ ob­ At the Zanderij airport in Suriname servers were able to interview a number of Prof. Bossuyt, who departed a few hours well-informed persons in Paramaribo. Sev­ after Prof. Griffiths, had a further conver­ eral of these interviews were arranged for sation with the two representatives of Mili­ them by the two representatives of Military tary Commander Bouterse, who objected Commander Bouterse. The observers had to the substantive nature of some observa­ interviews in private with, among others, tions in the draft press release. Prof. Bos­ representatives of the judiciary, the press suyt agreed not to issue those observations and religious groups and with the former to the press before consulting with Prof. Minister of Foreign Affairs, Mr. Naaren- Griffiths and the ICJ in Geneva. Upon his dorp. Their contacts with other prominent arrival at Schipol airport (Amsterdam), members of the Suriname community were, Prof. Bossuyt was met by an ICJ represen­ however, limited, due partly to the fact tative who informed him that a press con­ that many of these persons were not at the ference had been arranged, but that in ac­ moment in Suriname. Moreover, spokes­ cordance with ICJ standard procedures, no men for the Bar Association and the Asso­ substantive conclusions should be stated until the mission had reported to the ICJ. remote part of the country) has recently Accordingly, Prof. Bossuyt confined his re­ been allowed to resume broadcasting. marks to the press to giving an account of the conduct of the mission. Prof. Griffiths - Freedom o f association (art. 21 and 22). did the same, following his return to Eu­ Activities of political parties remain pro­ rope a few days later. hibited, although this prohibition seems At the request of the ICJ the observers to be less strict with regard to parties prepared an interim report which was is­ represented in the present government. sued as an ICJ press release on 21 March Trade union freedom has been seriously 1983. The substantive observations of this undermined by the arrest of some trade interim report are reproduced below. union leaders, the subsequent death of the leader of the largest trade union, and the destruction by the army of this V. The Observations union’s headquarters, with the result of the Mission that a number of other union officials have left the country. On the basis of information acquired in Suriname, as well as other information - Freedom from arbitrary arrest (art. 9). available to the ICJ, the mission made the A persistent pattern of arbitrary arrest following observations. In the opinion of was a cause for concern in 1981; this the ICJ, these observations should consti­ pattern has continued and reached a cul­ tute the starting-point of the proposed fol- mination in the arrest of 15 prominent low-up mission. opposition figures in the night of 8-9 The present situation in Suriname raises December 1982. The regularity of these a number of serious questions concerning arrests appears to be highly questionable respect for internationally accepted stan­ in a number of respects, and three dards, as formulated in the International months later no official statement has Covenant on Civil and Political Rights, to yet been given of the alleged facts and which Suriname is a party. In most re­ circumstances justifying the arrests. spects, the human rights situation in Suri­ name appears to have deteriorated dramat­ - The right to protection of life and bodily ically since the previous ICJ mission in integrity (art. 6 and 7). The pattern of February, 1981. For example: mistreatment of detained persons, noted in 1981, has continued, and there have - Freedom o f the press (art. 19). In 1981 been a number of well-established inci­ a variety of newspapers appeared regu­ dents over the past year. The deaths and larly, although they were subject to ar­ apparent torture of the 15 persons ar­ bitrary harassment and intimidation by rested in the night of 8—9 December the military authorities. All papers but 1982 is the most extreme and gruesome one have now been (extra-legally) sup­ instance to date but is unfortunately pressed; the lone remaining newspaper is not an isolated incident. subject to total censorship and amounts to little more than a press outlet for the - The right of recourse to effective legal state. All non-official radio stations were remedies (art. 2). The major human closed by the military in December and rights infringements referred to above two of them were destroyed; one (in a have generally been wholly extra-legal and without any form of process. Most uncertainty has dramatically worsened. of them have been carried out by mili­ The events of 8-9 December 1982, in tary authorities. So far as is known, no which four buildings (two radio stations, a sanctions have been administered to press, and the headquarters of the largest those responsible for the illegal acts in­ union) were destroyed and 15 prominent volved, nor in most cases does there ap­ persons were arrested and killed, is the pear to have beeen any normal police most extreme example of the process of and prosecutorial investigation. Civil re­ deterioration described. Even persons who medies have not been pursued, appa­ describe themselves as closely involved in rently in the conviction that to do so the “revolutionary process” in Suriname would be futile and dangerous. Lawyers stated to the ICJ observers that they do have declined to accept cases in which not know what evidence there may be that the state or military authorities are in­ the 15 persons were connected with a con­ volved out of fear of the personal conse­ spiracy to overthrow the government by quences for themselves. Indeed, three of violent means, nor what the circumstances the four lawyers arrested and killed in were under which the 15 met their death. December had recently acted as defence The official version of the events of 8-9 counsel in trials before a military court December 1982, according to which the 15 of those, civilians as well as military per­ persons were shot during an escape attempt, sonnel, allegedly involved in a coup at­ is inconsistent with the wounds observed tempt. The ICJ observers were informed by many persons when the corpses lay in that the bar now refuse to represent de­ the mortuary. The judicial investigation re­ fendants in cases before military tribu­ quired in such a case of violent death has nals. not taken place. The ICJ observers understood from An exception to this picture is the aboli­ many persons, including several who de­ tion of the Special Tribunal to deal with scribe themselves as closely involved in the corruption practices, which was one of the “revolutionary process”, that there is a recommendations of the 1981 ICJ mission. widely-felt need for an enquiry into the The common element which unites the events of 8-9 December 1982 and the sur­ various particular sorts of human rights rounding circumstances. problems in Suriname is that governmental - in particular, military — authorities do not seem to be subject in their acts to the VI. Events Subsequent to the Rule of Law. Most important human rights Mission’s Report of 21 March infringements are also incompatible with Suriname law as it stands, but no legal On 1 May 1983 the government present­ steps have been taken to prevent or to rem­ ed its programme. In a document of over edy them. The ICJ report of 1981 expres­ 50 pages, the general question of human sed serious concern in this regard, and not­ rights is not mentioned. Nor are the events ed the climate of fear and uncertainty of 8-9 December or any of the other cir­ which was manifest in all levels of the pop­ cumstances set out in part III above. No ulation. The lack of respect for or subjec­ measures are proposed to improve the sit­ tion to law in the highest governmental and uation. No investigation of any kind into military circles has grown more extreme the events of 8-9 December and the sur­ and blatant, and the climate of fear and rounding circumstances is proposed. No re­ ference is made to international concern the situation of the trade unions there was on these matters: the suspension of aid is accepted by the Suriname authorities, has attributed to a “wilful refusal... to accept not been able to carry out its mission due the reality of an authentic Surinamese de­ to postponements requested by the Suri­ velopment”. name government. The government statement promises a So far as is known, there has been no “renewal of the political and governmental further investigation within Suriname of order” and, while rejecting the “fruitless the events of 8—9 December and the sur­ and decadent parliamentary system”, of rounding circumstances, nor are there any the period before the coup of 25 February plans to carry out an impartial investiga­ 1980, looks forward to institutions through tion which could enjoy local and interna­ which the population can experience “real tional confidence. influence and real control upon the politi­ cal process”. Two institutions are proposed to be created before the end of 1984. A VII. The Suspension of National Democratic Congress, composed Development Assistance of “democratically selected” representa­ to Suriname tives of “mass-organisations and functional groups”, will serve as a “forum of patriots” During their visit to Suriname the ICJ to “publicly advise the government”. A observers questioned practically all those Central Council of State, consisting of high they met concerning the suspension of de­ government and military officials, members velopment aid to Suriname as reaction to of the National Democratic Congress, and apparent gross violations of human rights. district commissioners, will be empowered In view of the great importance of the to “sanction” the government’s annual “ac­ Netherlands development cooperation pro­ tion programme” and budget. gramme with Suriname, special attention The government statement recognises has to be given to this particular relation­ the importance of “genuinely national (not ship, though the following observations ap­ manipulated by hostile foreign interests) ply mutatis mutandis to other such rela­ honest and objective information and com­ tionships. munication media” to the process of “ac­ As early as 10 December 1982 the Neth­ celerated democratisation” which is to take erlands government had in a Note addres­ place. In the only apparent reference to the sed to the Military Authority of Suriname events covered in part III of this report, the announced its decision to suspend its devel­ government statement observes that in the opment cooperation programme. The Neth­ light of “the gross misuse that only a few erlands government invoked the principle months ago was made of the media for ag­ that development cooperation should not gression directed against the people”, a be allowed to provide support for repres­ carefully prepared media-code will need to sive regimes nor lead to complicity in grave be developed. The commission appointed violations of human rights. In its Reply of to do this will also advise concerning the the same date the Military Authority of Su­ uses to which “existing temporarily unused riname expressed its surprise that the Neth­ facilities” could be put. erlands Note ignored the official explana­ The ICJ has not received the promised tion that had been given and assumed that invitation for a follow-up mission. The ILO, this explanation did not correspond to the whose mission to Suriname to investigate facts. In a more elaborate Note of 16 Decem­ situation. It is evident to such persons that ber the Netherlands government expressed the Netherlands development cooperation the opinion that the circumstances prevail­ programme with Suriname could not con­ ing in Suriname differ fundamentally from tinue after the events of 8—9 December the circumstances existing at the moment 1982 in the same manner and to the same of the agreements concluded between the extent as before. The risk that much of the Netherlands and Suriname. The Nether­ assistance given would be diverted by the lands government considered that the con­ present regime from its intended destina­ tracting parties could not at that time have tion is considered too great. While assis­ foreseen this change in circumstances, tance should certainly not be given to a re­ while the circumstances prevailing at that gime which gravely violates fundamental time were an essential condition for the human rights when an important effect of conclusion of those agreements. In a reply that assistance would be to support the re­ dated 17 December 1982 the Military Au­ gime or strengthen its oppressive character, thority of Suriname stated that the pur­ it would be over-reacting permanently to pose of the development cooperation trea­ cancel development projects which directly ty was to accelerate the social-economic benefit people in need and which cannot development of Suriname. The reply em­ be misused by the regime in power. What is phasized that Suriname is still a developing needed is a thorough re-examination and a country and that its social-economic situa­ reorientation of the development coopera­ tion has not fundamentally changed. tion programme. As far as this international legal dispute The ICJ observers believe, moreover, between the Netherlands and Suriname is that this view corresponds with the careful­ concerned, the ICJ observers would recom­ ly considered approach adopted by the mend to both the Netherlands and Suri­ Netherlands government in its Memoran­ name that they submit to the International dum on Human Rights and Foreign Policy Court of Justice the question whether the presented to the Lower House of the States alleged violations by Suriname of its obliga­ General of the Kingdom of the Netherlands tions under the International Covenant on on 3 May 1979. In that Memorandum the Civil and Political Rights, to which both Netherlands government rejected "the idea the Netherlands and Suriname are parties, that aid should be used to reward countries constitute a fundamental change of circum­ which respect human rights and conversely stances which may be invoked as a ground withheld to punish countries which disre­ for suspending the operation of the Con­ gard those rights. Aid should relate to the vention of 25 November 1975 between the needs of the people and not to the conduct Kingdom of the Netherlands and the Rep­ of governments.” ublic of Suriname concerning development cooperation. As far as the opportuneness of the sus­ VIII. Conclusions pension is concerned, the ICJ observers spoke to several persons in Suriname, not In conversations with the ICJ observers, sympathetic to the present regime, who persons closely associated with the Suri­ certainly understand the reasons for that name government stated generally that the suspension but at the same time wonder events of 8-9 December 1982 are very whether this decision has so far been suffi­ regrettable and have produced a shock ciently adapted to the requirements of the which makes it evident to everybody that such events must not occur again. Obvious­ strates an escalation in the military authori­ ly such a consensus, even if it exists, does ties' disregard of the Rule of Law, which is not guarantee that such events will not set aside whenever they consider it neces­ recur. sary for the consolidation of their position. The ICJ observers realise that viewed The latest reports concerning the events against the background of events elsewhere of 8 -9 December incriminate personally the in the world, the killing of 15 persons may highest authorities of the Republic. The kil­ seem to be only a “minor incident”. How­ lings, it is alleged, were premeditated and ever, it is their conviction that the events carefully planned murders carried out on of 8—9 December 1982 in Paramaribo are the instructions and including personal par­ neither “minor”, nor an “incident”. ticipation of the highest military and civil­ In evaluating the gravity of the events, ian authorities. At this stage, the ICJ ob­ one has to take into account: servers are not in a position to confirm or to deny such allegations. However, they will — the peaceful social and political tradi­ only gain credence so long as no indepen­ tion of Suriname society prior to the dent and impartial enquiry is ordered which coup of 1980; would reveal the true facts of the events. — the number of victims in relation to the The ICJ observers consider an impartial small size of the population of Suriname investigation an essential precondition of (about 350,000); for example, ten per­ the restoration of the Rule of Law in Suri­ cent of the membership of the Bar, in­ name. Until such an enquiry is undertaken, cluding its president, were killed; those personally responsible for the events — the careful selection of the persons kil­ will be strengthened in the conviction that led, who included many leading figures their position is above the law and that, in the growing movement for a return whenever they consider it necessary, they to democracy; may indulge in the gravest violations of hu­ — the brutal illtreatment of the victims; man rights (including torture and murder) — the inexcusable absence of any official without risk. While this situation remains, investigation. no one in Suriname can feel safe and hu­ man rights in Suriname will be permanently The chain of events since 1980 demon­ in great danger. ORDER FORM

States of Emergency — Their Impact on Human Rights

International Commission of Jurists P.O. Box 120 1224 Geneva Switzerland

States of Emergency — Their Impact on Human Rights 480 pages, A4 form at, laminated, 40 Swiss Francs or US$ 20 + postage (Europe — 3.20 Swiss Francs; others — 4.65 SF surface mail, 20 SF airmail)

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KEBA MBAYE Judge of Int'l Court of Justice; former Pres. Supreme (President) Court, Senegal, and UN Commission on Human Rights ROBERTO CONCEPCION Former Chief Justice, Philippines (Vice-President) HELENO CLAUDIO FRAGOSO Advocate; Professor of Penal Law, Rio de Janeiro (Vice-President) JOHN P. HUMPHREY Prof. of Law, Montreal; former Director, UN Human (Vice-President) Rights Division ANDRES AGUILAR MAWDSLEY Prof. of Law, Venezuela; former Pres. Inter-American Commission BADRIA AL-AWADHI Dean, Faculty of Law and Sharia, Univ. of Kuwait ALPHONSE BONI President of Supreme Court of Ivory Coast WILLIAM J. BUTLER Attorney at law, New York HAIM H. COHN Former Supreme Court Judge, Israel TASLIM OLAWALE ELIAS Pres., Int’l Court of Justice; former Chief Justice of Nigeria ALFREDO ETCHEBERRY Advocate; Professor of Law, University of Chile GUILLERMO FIGALLO Former Member of Supreme Court of Peru LORD GARDINER Former Lord Chancellor of England P. TELFORD GEORGES Member of Supreme Court, Zimbabwe LOUIS JOXE Ambassador of France; former Minister of State P.J.G, KAPTEYN Councillor of State, Netherlands; former Prof. of Int’l Law K1NUKO KUBOTA Former Prof. of Constitutional Law, Japan RAJSOOMER LALLAH Judge of the Supreme Court, Mauritius TAI-YOUNG LEE Director, Korean Legal Aid Centre for Family Relations SEAN MACBRIDE Former Irish Minister of External Affairs RUDOLF MACHACEK Member of Constitutional Court, Austria J.R.W.S. MAWALLA Advocate of the High Court, Tanzania FRANCOIS-XAVIER MBOUYOM Director of Legislation, Ministry of Justice, Cameroon FALI S. NARIMAN Advocate, former Solicitor-General of India NGO BA THANH Member of National Assembly, Vietnam TORKEL OPSAHL Prof. of Law, Oslo; Member of European Commission GUSTAF B.E. PETREN Judge and Deputy Ombudsman of Sweden SIR GUY POWLES Former Ombudsman, New Zealand SHRIDATH S. RAMPHAL Commonwealth Secr.-Gen.; former Att.-Gen., Guyana DON JOAQUIN RUIZ-GIMENEZ Prof. of Law, Madrid; Pres., Justice and Peace Commis­ sion, Spain TUN MOHAMED SUFFIAN Lord President, Federal Court of Malaysia CHRISTIAN TOMUSCHAT Professor of Int’l Law, University of Bonn MICHAEL A, TRIANTAFYLLIDES Pres. Supreme Court, Cyprus; Member of European Com­ mission AMOS WAKO Advocate, Kenya; Secr.-Gen., Inter African Union of Lawyers J. THIAM HIEN YAP Attorney at Law, Indonesia

HONORARY MEMBERS

Sir ADETOKUNBO A. ADEMOLA, Nigeria HANS HEINRICH JESCHECK, Federal ARTURO A. ALAFRIZ, Philippines Republic of Germany DUDLEY B. BONSAL, United States JEAN FLAVIEN LALIVE, Switzerland VIVIAN BOSE, India NORMAN S. MARSH, United Kingdom ELI WHITNEY DEBEVOISE, United States JOSE T. NABUCO, Brazil PER FEDERSPIEL, Denmark LUIS NEGRON FERNANDEZ, Puerto Rico T.S. FERNANDO, Sri Lanka Lord SHAWCROSS, United Kingdom ISAAC FORSTER, Senegal EDWARD ST. JOHN, Australia W.J. GANSHOF VAN DER MEERSCH, Belgium MASATOSHI YOKOTA, Japan

SECRETARY-GENERAL

NIALL MACDERMOT Rural Development and Human Rights in South East Asia Report of a Seminar in Penang, December 1981. Published jointly by the ICJ and the Consumers’ Association of Penang (CAP) (ISBN 92 9037 017 3). Available in english, Swiss Francs 10, plus postage. Ways in which human rights of the rural poor can be adversely affected by pro­ cesses of maldevelopment are illustrated with a wealth of detail in this report. The 12 working papers on such topics as land reform, participation in decision-making, the role and status of women and social and legal services are reproduced in full along with the important conclusions and recommendations of the seminar. ★ ★ ★ Human Rights in Islam Report of a seminar in Kuwait, Geneva, 1982, 95 pp. Available in english (ISBN 92 9037 014 9) and french (ISBN 92 9037 015 7), Swiss Francs 10, plus postage. The purpose of this seminar was to provide a forum for distinguished moslem law­ yers and scholars from Indonesia to Senegal to discuss subjects of critical impor­ tance to them. It was organised jointly with the University of Kuwait and the Union of Arab Lawyers. The Conclusions and Recommendations cover such subjects as economic rights, the right to work, trade union rights, education, rights of minori­ ties, freedom of opinion, thought, expression and assembly, legal protection of human rights and women’s rights and status. Also included are the opening ad­ dresses, a key-note speech by Mr. A.K. Brohi and a summary of the working papers. ★ ★ ★ States of Emergency — Their Impact on Human Rights A comparative study by the International Commission of Jurists, 1983. Available in english (ISBN 92 9031 019 X). Swiss Francs 40 or US$ 19.50, plus postage. This 480-page publication contains detailed studies on states of emergency in 20 countries during the 1960s and 1970s, a summary of the replies to two question­ naires sent to 158 governments, and an analysis of this material by the staff of the ICJ, followed by a set of recommendations. The country studies on Argentina, Ca­ nada, Colombia, Eastern Europe (Czechoslovakia, German Democratic Republic, Hungary, Poland, USSR, Yugoslavia), Greece, Ghana, India, Malaysia, Northern Ire­ land, Peru, Syria, Thailand, Turkey, Uruguay and Zaire are based on papers prepared by experts, mostly from the countries concerned. The two questionnaires related to the law and practice under states of exception, and administrative detention. The concluding chapter of general observations and conclusions is followed by 44 rec­ ommendations for implementation at international and national levels. * ★ * Civilian Administration in the Occupied West Bank by Jonathan Kuttab and Raja Shehadeh. An analysis of Israeli Military Government Order No. 947, 44 pp. Published by Law in the Service of Man, West Bank affiliate of the ICJ. Swiss Francs 8, plus postage. This study examines the implications of the establishment of a civilian administrator to govern the affairs of the Palestinian population and Israeli settlers in the West Bank. Questions of international law and the bearing of this action on the course of negotiations over the West Bank's future are discussed.

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