SUR - AA - WILDLIFE TENURE
PRECONDITIONS
Suriname / Preconditions
PRECONDITIONS
WILDLIFE TENURE
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Article 41: Natural riches and resources are property of the nation and shall be used to promote economic, social and cultural development. The nation has the inalienable right to take complete possession of its natural resources in order to utilize them to the benefit of the economic, social and cultural development of Suriname.
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Article 1 [extract]: [...] "Protected species" means all species of mammals, birds and sea turtles and other species to be identified by State Order, belonging to a species in the wild in Suriname, with the exception of:
(a) the species of mammals, birds and sea turtles and other species designated by State Order pursuant to Article 6 of this Act as 'game'.
Article 12
Hunting is permitted:
(a) on land and water belonging to the public land domain in so far as it has not been declared a nature reserve by State Order by the Nature Conservation Act 1950 and with due observance of 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. Fishing: 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 referred 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 6: The social objectives of the State are aimed at:
(g): creating and adapting conditions necessary for the protection of nature and to maintain the ecological balance.
Article 41: Natural riches and resources are property of the nation and shall be used to promote economic, social and cultural development. The nation has the inalienable right to take complete possession of its natural resources in order to utilize them to the benefit of the economic, social and cultural development of Suriname.
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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 land grounds with the written consent of the business and/or personally entitled.
Hunting within built-up areas is prohibited."
Article 16: Violation of one of the articles of this Act or the decisions taken pursuant to this Act is punishable by imprisonment of no more than 3 months or a fine of no more than ten thousand guilders.
Not punishable is anyone who violates one of the articles of this Act or the regulations established by virtue of this Act for the necessary and direct protection of his own or another person or property.
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Article 6: By State Order the Nature Conservation Commission will be heard to determine which animal species belong to "game", "cage animal" and to the "predominant harmful animal species ", are permitted to be hunted under certain conditions.
Article 8 (a): It is prohibited:
(a) to hunt animal species other than those referred to in Article 6, unless this is expressly permitted on the basis of other provisions included in this Act;
(b) to hunt for "game" or use nets for birds belonging to the "cage animals" other than in possession of a valid hunting permit or special permit
Article 11: Rules may be laid down by State Order regarding:
a. the times during which the hunting of animals belonging to the "game and cage species" is open or closed;
b. the method by which the lawful hunt is to be carried out and the nature of the hunting means to be employed;
c. the number of specimens of each game species and "cage animals", per hunting license may be acquired, killed or transported.
Article 3 (1): Hunting of species belonging to game and caged species is permitted during the periods referred to in Annexes II and III.
(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.
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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.
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 located in or near the area to be explored.
Art. 4 (1): When possessing domain land, the rights of tribal Maroons and indigenous communities in their villages, settlements and agricultural plots are respected, insofar as the general interest does not oppose this.
Article 3 (1): The main tasks of the National Environmental Authority (NMA) are:
(m) ensuring that the FPIC principle is applied in decision-making processes affecting the living area and habitats of the indigenous and tribal peoples;
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 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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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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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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Article 10 (6): A hunting license, in the possession of those who, pursuant to the provisions of art.18 in which the power to hunt has been denied, is being revoked.
Article 16: Violation of any of the articles of this Act or the decisions taken pursuant to this Act shall be punished with imprisonment not exceeding three months or a fine not exceeding ten thousand guilders.
Not punishable is he who violates this Act for immediate protection of their own or another's person or property.
Article 17: The investigators are at all times entitled to seize susceptible objects.
They can do request their delivery.
Article 18: In case of conviction for any act contrary to the provisions of Article 8, Article 13 or contrary to any regulation given pursuant to Article 10, Articles 11 and 12, will be held for a period of 6 months, commencing on the day of the judgment has become irrevocable, the convicted have no authority to hunt and the convict's hunting license will be revoked.
Extract of the sentence is sent to the District Commissioner at the place of residence and abode of the convicted person, to the District Commissioner who has issued a hunting license and to the Nature Conservation Commission.
Article 19: The offenses made punishable in or pursuant to this Act are considered to be violations.
Article 21: The prosecution of an offense made punishable by or pursuant to this Act, which, in the opinion of the Director or a forest management officer authorized by him, has been committed under circumstances that justify a fine, can be prevented by voluntary payment of a transaction fine to be determined by the Director or official, and the costs arising from the discovery of the criminal offense.
The official authorized to impose a transaction fine will thereby issue a receipt signed by him, stating the name and address of the offender, as well as the nature, time and place of the offense.
The payment relieves the offender from any further criminal prosecution for the act committed, without prejudice to his liability for any damage.
Article 6: Violation of this Act shall be punished with imprisonment not exceeding one month or a fine not exceeding one hundred guilders.
Article 7: The offenses made punishable by or pursuant to this Act are considered violations
Article 9: Investigating officers shall at all times have the power to confiscate susceptible items.
They can do request their delivery (surrender).
The seized fish shall be released, where it regards living fish, are released into the by the Attorney General designated fishing waters. Where it regards dead fish, it can be made available by him to establishments of charity.