SUR - AC - LAND & INLAND WATER TENURE
PRECONDITIONS
Suriname / Preconditions
PRECONDITIONS
LAND & INLAND WATER TENURE
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Article 12:
Hunting is permitted:
(a) on land and waters belonging to the public land domain in so far as not declared a nature reserve by State Order by the Nature Conservation Act 1950 and having regard to the provisions of paragraph 2 of this Article;
(b) on private land with the written consent of the business and/or personally entitled.
Hunting within built-up areas is prohibited.
Article 1:
For the purposes of the provisions of or pursuant to this Act the following definitions apply:
c. capture or killing of fish, and making attempts to do so, all this in, on or near water, which is not located within a yard and closed off
d. Within Suriname: in the inland waters of Suriname, with the exception of the territorial sea, referred to and described in Articles 1 and 2 of the Act of 14 April 1978 concerning the extension of the territorial sea of the Republic of Suriname and the establishment of the adjacent economic zone (SRS 1978 No. 26) as well as with the exception of the economic zone referred to and described in Article 3 of the refered Act.
Article 1(1)
1. All land on which ownership is not proved by others is the domain of the State.
Article 2 (1):
1. Every Surinamese, who is also domiciled in Suriname, has the right to acquire a piece of domain land under a business title.
Article 3 (1)
1. In principle, rights to domain land belong to those who build, inhabit and work on the land.
Article 6 (1)
1. Domain land under a business title is issued exclusively in land lease.
Article 41:
1. a.) The customary rights of the tribal inhabitants of the interior to their villages, settlements and their agricultural plots shall be respected as far as possible.
b.) Violation of the customary laws of the people of the interior as referred to under paragraph a, is open for appeal in writing to the President. This appeal needs to be instituted by the relevant traditional authorities of the tribal people of the interior upon mentioning the grounds on which the appeal is based. For these purposes, the President appoints a committee to advise him on this matter.
2.) After consultation with the Minister in charge of regional development, the Minister designates certain forest areas as communal forest on behalf of the inhabitants of the interior who live in villages and settlements and also for the tribal inhabitants. The utilization and the control of the communal forest will be further regulated by State Order.
3.) Communal forest is not liable for concessional rights. The relevant provisions of this Act apply mutatis mutandis to wood, wood products and forest by-products to be transported outside the communal forest as well as to timber, wood products and forest by-products that may be used commercially.
In that case, the acquirer will pay the stated retributions referred to in article 32 paragraph 1 b and 40 and the mentioned compensation referred in article 13 is owed. For the purposes of this article, acquirer means he who uses this timber, obtained wood products or forest by-products from community forest- whether or not for consideration - from the tribal inhabitant, if he owns these things outside the communal forest transports or itself engages in commercial activities. Further rules in this regard may be given by State Order.
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Article 41:
(2) After consultation with the Minister in charge of regional development, the Minister designates certain forest areas as community forest on behalf of the inhabitants of the interior who live in villages and settlements and also for the tribal communities. The utilization and the control of the communal forest will be further regulated by State Order.
(3) Community forest is not liable for concessional rights.The relevant provisions of this Act apply mutatis mutandis to wood, wood products and forest by-products to be transported outside the community forest as well as to timber, wood products and forest by-products that may be used commercially.
In that case, the acquirer will pay the stated retributions referred to in article 32 paragraph 1 b and 40 and the mentioned compensation referred in article 13 is owed. For the purposes of this article, acquirer means he who uses this timber, obtained wood products or forest by-products from community forest- whether or not for consideration - from the tribal inhabitant, if he owns these things outside the community forest transports or itself engages in commercial activities. Further rules in this regard may be given by State Order.
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Article 1:
For the purposes of the provisions of or pursuant to this Act the following definitions apply:
c. Fishing: obtaining or killing fish, and making attempts to do so, all this in, on or near water, which is not located within a yard and closed off;
d. Within Suriname: in the inland waters of Suriname, with the exception of the territorial sea, referred to and described in Articles 1 and 2 of the Act of 14 April 1978 concerning the extension of the territorial sea of the Republic of Suriname and the establishment of the adjacent economic zone (SRS 1978 No. 26) as well as with the exception of the economic zone referred to and described in Article 3 of the refered Act.
Article 2:
Without prejudice to the provisions of Article 4 and Article 5, under a and c, it is prohibited within Suriname to fish other than with a fishing rod or handline, unless a written permit to be issued by or on behalf of the Director can be submitted.
Article 3(2): By way of derogation from the provisions of paragraph 1 of this Article, hunting all game and cage species - with the exception of those subject to a closed season throughout the year - is permitted throughout the year in the Southern zone, as indicated in Article 8 paragraph 2 and according to the map enclosed as Annex V.
Article 4:
1. The permitted number of individuals per game and cage species is set as set out in Annexes II and III.
2. The provisions of paragraph 1 of this article do not apply in the southern zone as indicated in article 8, paragraph 2 and according to the map attached as Annex V, with the exception of the species for which a closed season applies throughout the year.
Article 8 (extract):
1. Without prejudice to the provisions of articles 3, paragraph 2 and 4, paragraph 2 of this State Order, the Game Act 1954 applies to the entire territory of the Republic of Suriname, including the territorial sea, […]
2. The area indicated in paragraph 1 shall be divided into a northern and a southern zone, the boundary of which runs from […]
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Article 41:
1. a.) The customary laws of the tribal inhabitants of the interior in their villages and settlements and their agricultural plots shall be respected as far as possible.
b.) Violation of the customary laws of the people of the interior as referred to under paragraph a, is open for appeal in writing to the President. This appeal needs to be instituted by the relevant traditional authorities of the tribal people of the interior upon mentioning the grounds on which the appeal is based. For these purposes, the President appoints a committee to advise him on this matter.
2.) After consultation with the Minister in charge of regional development, the Minister designates certain forest areas as communal forest on behalf of the inhabitants of the interior who live in villages and settlements and also for the tribal inhabitants. The utilization and the control of the communal forest will be further regulated by State Order.
3.) Community forest is not liable for concessional rights.The relevant provisions of this Act apply mutatis mutandis to wood, wood products and forest by-products to be transported outside the community forest as well as to timber, wood products and forest by-products that may be used commercially.
In that case, the acquirer will pay the stated retributions referred to in article 32 paragraph 1 b and 40 and the mentioned compensation referred in article 13 is owed. For the purposes of this article, acquirer means he who uses this timber, obtained wood products or forest by-products from community forest- whether or not for consideration - from the tribal inhabitant, if he owns these things outside the community forest transports or itself engages in commercial activities. Further rules in this regard may be given by State Order.
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Article 8 (2): No one shall be discriminated against on the basis of birth, sex, race, language, religion, origin, education, political opinion, economic position or social circumstances or any other status.
Article 28 [extract]:
All employees, regardless of age, gender, race, nationality, religion or political opinion, are entitled to:[…]
Article 35(2): Man and Woman are equal before the law.
Article 36 (1): Everyone has the right to health
Article 38 (1): Everyone has the right to education and cultural experience.
Article 39 (1): The State recognizes and guarantees the right of all citizens to education and offers them equal opportunities for education.
Article 45: In principle, the social order rests on a society in which all Surinamese have the same rights and obligations.
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Art. 25 (1b): The application for the exploration rights shall be made in accordance with Article 10 and will indicate:
(1b) a list of all tribal communities loacted in or near the area to be explored.
Article 4:
1. In the possession of domain land, the rights of tribal Maroons and Indians on their villages, settlements and agricultural plots are respected, insofar as the general interest does not oppose this.
2. General interest includes the execution of any project within the framework of an approved development plan.
Article 41:
1. a.) The customary laws of the tribal inhabitants of the interior in their villages and settlements and their agricultural plots shall be respected as far as possible.
b.) Violation of the customary laws of the people of the interior as referred to under paragraph a, is open for appeal in writing to the President. This appeal needs to be instituted by the relevant traditional authorities of the tribal people of the interior upon mentioning the grounds on which the appeal is based. For these purposes, the President appoints a committee to advise him on this matter.
2.) After consultation with the Minister in charge of regional development, the Minister designates certain forest areas as communal forest on behalf of the inhabitants of the interior who live in villages and settlements and also for the tribal inhabitants. The utilization and the control of the communal forest will be further regulated by State Order.
3.) Community forest is not liable for concessional rights.The relevant provisions of this Act apply mutatis mutandis to wood, wood products and forest by-products to be transported outside the community forest as well as to timber, wood products and forest by-products that may be used commercially.
In that case, the acquirer will pay the stated retributions referred to in article 32 paragraph 1 b and 40 and the mentioned compensation referred in article 13 is owed. For the purposes of this article, acquirer means he who uses this timber, obtained wood products or forest by-products from community forest- whether or not for consideration - from the tribal inhabitant, if he owns these things outside the community forest transports or itself engages in commercial activities. Further rules in this regard may be given by State Order.
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Art. 3 (2): By way of derogation from paragraph 1 of this article, the hunting of all game and cage species with the exception of those subject to a closed season throughout the year is permitted in the southern zone throughout the year, as indicated in Article 8 paragraph 2 and according to the map enclosed as Annex V.
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Art. 7 (1c) [extract]: On the maps of a national development program, the following can be indicated, among other things: special management areas, i.e. areas for which a special form of management is considered desirable by or on behalf of the government. [...]
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Article 3(2): By way of derogation from the provisions of paragraph 1 of this Article, hunting all game and cage species - with the exception of those subject to a closed season throughout the year - is permitted throughout the year in the Southern zone, as indicated in Article 8 paragraph 2 and according to the map enclosed as Annex V.
Article 4:
1. The permitted number of individuals per game and cage species is set as set out in Annexes II and III.
2. The provisions of paragraph 1 of this article do not apply in the southern zone as indicated in article 8, paragraph 2 and according to the map attached as Annex V, with the exception of the species for which a closed season applies throughout the year.
Article 8 [extract]:
1. Without prejudice to the provisions of articles 3, paragraph 2 and 4, paragraph 2 of this State Order, the Game Act 1954 applies to the entire territory of the Republic of Suriname, including the territorial sea, […]
2. The area indicated in paragraph 1 shall be divided into a northern and a southern zone, the boundary of which runs from […]
Art. 25 (1b): The application for the exploration rights shall be made in accordance with Article 10 and will indicate:
(b) a list of all tribal communities loacted in or near the area to be explored.
Article 4:
1. In allocating domainland, the rights of the tribal Bushnegroes and Indians to their villages, settlements and forest plots will be respected, provided that this is not contrary to the general interest;
General interest includes the execution of any project within the framework of an approved development plan.
Article 1(h) [extract]:
For the application of the provisions under or pursuant to this Act is meant with:
h. FPIC: regards an internationally used abbreviation for the Free Prior Informed Consent principle from the international law, in relation to indigenous and tribal people, and comprises of the manner in which the government should engage indigenous and tribal people in decision-making related to activities in their living area. Only based on proper information, common processes of decision-making and free will, can the indigenous and tribal people take well-informed decisions regarding the allowance of any form of economic activities in their living area.[…]
Article 22
(1)The activities that may have adverse effects on the environment and for which the NMA (National Environmental Authority) is authorized to require an environmental impact analysis (EIA) are established by State Order.
(5) If an EIA is required for an activity as referred to in paragraphs 1 and 2, the activity will start after the environmental impact report containing the results of the EIA has been approved by the NMA.
Art 2: To the extent that within the established nature reserve areas are located which have been issued as allodial ownership, leasehold, land lease, rent, use, or concessions, including villages and settlements of tribal people from the interior, the acquired rights will be respected, unless (a) the general interest or the national goal of the established nature reserve is harmed; or (b) is provided otherwise.
Art. 4:Insofar as in the areas designated by this State Order as a nature reserve on the date of entry into force of this State Order that are in allodial ownership and hereditary possession, in long lease, in lease, in use, in license or in concession, as well as villages and settlements of tribal forest dwellers are located, rights which have already been granted under the law, they shall remain in force.
Article 41:
1. a.) The customary laws of the tribal inhabitants of the interior in their villages and settlements and their agricultural plots shall be respected as far as possible.
b.) Violation of the customary laws of the people of the interior as referred to under paragraph a, is open for appeal in writing to the President. This appeal needs to be instituted by the relevant traditional authorities of the tribal people of the interior upon mentioning the grounds on which the appeal is based. For these purposes, the President appoints a committee to advise him on this matter.
2.) After consultation with the Minister in charge of regional development, the Minister designates certain forest areas as communal forest on behalf of the inhabitants of the interior who live in villages and settlements and also for the tribal inhabitants. The utilization and the control of the communal forest will be further regulated by State Order.
3.) Community forest is not liable for concessional rights.The relevant provisions of this Act apply mutatis mutandis to wood, wood products and forest by-products to be transported outside the community forest as well as to timber, wood products and forest by-products that may be used commercially.
In that case, the acquirer will pay the stated retributions referred to in article 32 paragraph 1 b and 40 and the mentioned compensation referred in article 13 is owed. For the purposes of this article, acquirer means he who uses this timber, obtained wood products or forest by-products from community forest- whether or not for consideration - from the tribal inhabitant, if he owns these things outside the community forest transports or itself engages in commercial activities. Further rules in this regard may be given by State Order.
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Article 71: Anyone who:
a. carries out mining activities without having been granted mining rights;
b. refuses the facilities referred to in Article 60 and / or provides no assistance to that end;
c. deliberately provided the State with maps, registers, records, data and false samples formatted in violation of the truth;
d. deliberately in violation of the provisions of this Act or an implementation thereof enacted legal regulation, deed is punishable by detention of at least no more than two years and / or a fine of no more than one hundred thousand guilders.
Article 48:
3) The intentional violation of one of the statutory regulations referred to in Article 47, paragraph 1, as well as committing an environmental offence as referred to in Articles 59, 60 and 68, or the deliberate non-compliance of the regulations established by the NMA in the interest of the sustainable development of the environment or the regulations regarding environmental hygiene, is punished with imprisonment of maximally six years and a fine of the fifth category
of Article 40 of the Criminal Code.
4) Non-intentional violation of one of the statutory provisions referred to in Article 47, paragraph 1, or non-compliance with the regulations established by the NMA in the interest of the sustainable development of the environment or the regulations with regard to environmental hygiene, is punished with a fine of the fifth category of Article 40 of the Criminal Code.
Article 50:
1.In the case of infringement of any regulation laid down by or pursuant to this Law, the offender shall be required to comply with a issued description to remove what is contrary to the requirement to or to perform what has been omitted as a duty.
2. In case of failure to comply with the obligation referred to in the previous paragraph, the Head is authorized to do what is ordered in the letter at the expense of the person addressed to implement.
3. Without prejudice to the provisions of the preceding paragraphs, the judge may bring an interim order violation of any regulation made by or pursuant to this Act, or by imminent violation thereof, give orders or prohibitions to lift the violation or to prevent or complete it, including recovery in the previous condition or issue of the goods or substances obtained with the violation to the entitled party, or transfer of possession thereof to the Head.
4. An order or prohibition as referred to in the preceding paragraph may, in accordance with article 492 of the Code of Civil Procedure be a penalty payment which, in the event of forfeiture, is due to expire at the State of Suriname.
5. Claims referred to in paragraph 3 shall be brought by the Head or on his own in particular, or in the name of the State of Suriname.