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Suriname 30 October 2013
Methodological Protocol II
Product 2
Analysis of instruments, principles and legal in force on domestic law of the Amazon Basin in water resources management
Nancy del Prado
Consultant Environmental Law and Policy
Methodological Protocol II
Product 2
SURINAME
Analysis of instruments, principles and legal norms in force on domestic law of the
Amazon Basin in water resources management
October 2013
Nancy del Prado
Environmental Law and Policy Consultant
I
CONTENT
Content .................................................................................................................................................................. I
Abbrevations........................................................................................................................................................ III
1 INTRODUCTION ...................................................................................................................................... 1
1.1 GEOGRAPHICAL SETTING ................................................................................................................................. 1
1.2 WATER RESOURCES ....................................................................................................................................... 1
1.2.1 Rivers............................................................................................................................................... 1
1.2.2 Lakes and Wetlands ........................................................................................................................ 3
1.2.3 Groundwater Aquifers .................................................................................................................... 3
1.2.4 Threats to Water Resources ............................................................................................................ 4
1.3 LEGAL FRAMEWORK ENVIRONMENT AND WATER RESOURCE MANAGEMENT .............................................................. 4
2 CONSTITUTIONAL REGIME FOR ENVIRONMENTAL PROTECTION AND WATER RESOURCES .................... 6
2.1 CONSTITUTIONAL PROVISIONS ON PROTECTION AND MANAGEMENT OF THE ENVIRONMENT AND WATER RESOURCES ......... 6
2.1.1 Aims of the state on protecting the environment ........................................................................... 6
2.1.2 Constitutional rights on environmental protection ......................................................................... 7
2.1.3 Constitutional arrangement of ownership of natural resources ..................................................... 8
2.1.4 Traditional populations within the Constitution ............................................................................. 8
2.1.5 Remarks .......................................................................................................................................... 9
2.2 CONSTITUTIONAL ALLOCATION OF POWERS ......................................................................................................... 9
2.2.1 Allocation of powers to the Government in the Constitution ......................................................... 9
2.2.2 Distribution of competences on environmental protection and water resource management .... 10
2.2.3 Remarks ........................................................................................................................................ 13
2.3 JUDICIAL CONTROL OF CONSTITUTIONALITY ....................................................................................................... 13
2.3.1 The Constitutional Court of Suriname ........................................................................................... 14
2.3.2 Judicial review by general courts .................................................................................................. 15
2.3.3 Remarks ........................................................................................................................................ 15
3 LEGAL INSTRUMENTS ON WATER RESOURCES AT THE NATIONAL LEVEL .............................................. 16
3.1 LEGAL INSTRUMENTS .................................................................................................................................... 16
3.2 INSTRUMENTS TOWARDS THE GOVERNMENT ..................................................................................................... 16
3.3 INSTRUMENTS TOWARDS THE PUBLIC ............................................................................................................... 17
3.3.1 Legislation ..................................................................................................................................... 17
3.3.1.1 Protection of water resources in general............................................................................................ 17
3.3.1.2 Protection of water resources for drinking water purposes ............................................................... 21
3.3.1.3 Waste water management ................................................................................................................. 24
3.4 PARTICIPATION OF GOVERNMENT (MUNICIPALITIES) ON WATER RESOURCE MANAGEMENT ........................................ 26
II
3.5 PARTICIPATION OF CIVIL SOCIETY ON MANAGEMENT OF WATER RESOURCES ............................................................ 27
3.6 JUDICIAL DECISION ....................................................................................................................................... 29
3.7 REMARKS ................................................................................................................................................... 29
4 LEGISLATION ON WATER RESOURCES AT THE SUB-NATIONAL LEVEL .................................................... 31
4.1 THE ROLE OF THE STATE AND LOCAL GOVERNMENT ............................................................................................ 31
4.1.1 Issues of conflict of authority ........................................................................................................ 33
4.2 RELEVANT SUB-NATIONAL LEGISLATION ............................................................................................................ 34
4.3 RELEVANT JUDICIAL DECISIONS ....................................................................................................................... 36
4.4 REMARKS ................................................................................................................................................... 36
5 SECTORIAL PERSPECTIVES-INVENTORY AND ANALYSIS OF STANDARDS ............................................... 38
5.1 ENVIRONMENTAL IMPACT ASSESSMENT ........................................................................................................... 38
5.2 PERMITS RELEVANT TO ENVIRONMENTAL PROTECTION ........................................................................................ 39
5.2.1 fishing, aquaculture, ornamental fish ........................................................................................... 40
5.2.2 Regulations on mining-use of mercury and heavy metals ............................................................ 42
5.2.3 Regulations on Hydro Carbons ...................................................................................................... 43
5.2.4 Rules on hydroelectric plants and waterways............................................................................... 44
5.3 STANDARDS AND NORMS ON ENVIRONMENTAL PROTECTION ................................................................................ 47
5.3.1 Standards for navigation, ports, floating gas stations, exotic species .......................................... 47
5.3.2 Standards for agriculture, pesticides and agro ecology-irrigation and use of floodplain ............. 48
5.3.3 Norms on sanitation and urbanization ......................................................................................... 48
5.4 REMARKS ................................................................................................................................................... 49
6 RELATIONSHIP BETWEEN CLIMATE CHANGE, BIODIVERSITY AND FORESTS .......................................... 51
6.1 LEGAL INSTRUMENTS ON PAYMENT FOR ENVIRONMENTAL SERVICES....................................................................... 51
6.2 RULES OF CONSERVATION OF AQUATIC BIODIVERSITY .......................................................................................... 52
6.3 PROVISIONS OF THE PROTECTION OF RIVER BANKS .............................................................................................. 53
6.4 REMARKS ................................................................................................................................................... 54
Concluding remarks ............................................................................................................................................ 55
References .......................................................................................................................................................... 56
III
ABBREVATIONS
ADEKUS Anton de Kom University of Suriname
BOG Bureau of Public Health
Bureau Openbare geozndheidszorg
CESCR Committee on Economic, Social and Cultural Rights
DLGP Decentralization and Local Government Strengthening Program
DWV Water Supply Service
Dienst watervoorziening
EA Environmental assessment
G.B Government Gazette before 1975
Gouvernementsblad
GEF Global Environment Facility
GMD Geological Mining Service
Geologisch Mijnbouwkundige Dienst
ICESCR International Covenant on Economic, Social and Cultural Rights
MUMA Multiple Use Management Area
NCD Nature Conservation Department
Afdeling Natuurbeheer
NIMOS National Institute for Environment and Development in Suriname
Nationaal Instituut voor Milieu en Ontwikkeling in Suriname
NVB National Women’s movement
Nationale Vrouwenbeweging
OWMCP Overlying Waterboard Multipurpose Corantijn project
Overliggend Waterschap Multipurpose Corantijn project
PES Payment for Ecosystem Services
PPP Public private partnership
REDD+ Reducing emissions from deforestation and forest degradation including
conservation and sustainable management of forests and the enhancement of
forest carbon stocks
RPP Readiness Preparation Proposal
S.B. Government gazette after independence in 1975
Staatsblad
SWM Suriname Water Company
Surinaamse Waterleiding maatschappij
UNDP United Nations Development Programme
USD United States Dollars
WFS Water Forum Suriname
WKW Hydropower works
Waterkrachtwerken
1
1 INTRODUCTION
1.1 GEOGRAPHICAL SETTING
Suriname is located on the north eastern coast of South America and lies between latitude 2°
and 6° N and between longitude 54° and 58° W. Suriname shares borders with Guyana to the
west, French Guyana to the east and Brazil to the south. The actual borders are the Corantijn
and Marowijne rivers to the west and east respectively and the Catchment divide with the
Amazon Basin to the south. The Atlantic Ocean forms the northern boundary. The country
has an surface area of 163,270 km2, 80% of which is covered with tropical rain forest.
Before conducting the legal analysis on management of Suriname’s water resources, it is
essential to have an overview of the situation with regards to water resources of the country.
1.2 WATER RESOURCES1
The many rivers originating in the hinterland, groundwater aquifers and swamps found in the
coastal area are all fed by rainfall, with annual averages varying from 1,750 mm/yr. in the
north to about 3,000 mm/yr. in the center of the country.
1.2.1 RIVERS
With the exception of the Suriname River, the seven main rivers and their numerous
tributaries discharge excessive rainfall from the mainland directly into the Atlantic Ocean
The Corantijn and the Marowijne Rivers which drain 58% of the country form the western
and eastern borders respectively and their southern watershed forms the southern border with
Brazil. The discharge of the Suriname River is regulated by the Afobaka hydropower dam.
Variations in freshwater discharge are encountered due to variations in rainfall and the
resulting decrease in availability of freshwater. During the rainy seasons, freshwater is
abundant, while during the dry seasons, it may become temporarily limited. Freshwater
reserves may experience further pressure when drought coincides with a strong El Niño.
During a strong La Niña, abundant rainfall is expected.
1 All information in this paragraph is taken from the Suriname’s Second National Communication to the United
Nations Framework Convention on Climate Change (published February 2013).
2
Figure 1 Map of Suriname with the border rivers.
Changes in rainfall in the upper basins of the Surinamese rivers are followed by saltwater
intrusion in their lower courses, since these lower river courses are controlled by the hydro-
logical influence of the Atlantic Ocean. A decrease of the upstream flow promotes saltwater
intrusion, while an increase in river discharge pushes the salt limit back to near the estuarine
zone of the river.
In the north-western part of Suriname, where wetland rice is cultivated, large volumes of
fresh water per unit of time and area are required. This fresh water is obtained from local
water resources such as freshwater swamps and rivers found in these areas. In the case of
pronounced penetration of the salt wedge in the rivers due to low freshwater discharge and
low water levels in the neighboring swamps, pumps must be utilized to provide additional
irrigation water. These pumps are located approximately 66 km upstream in the rivers.
3
1.2.2 LAKES AND WETLANDS
Numerous wetlands and swamps are found in the coastal zone. The total area covered by
these wetlands and swamps (excluding the manmade lake) is approximately 12,000 km2 one-
third of which is permanently inundated and the remaining area seasonally inundated during
rainy seasons. A man-made hydropower lake named Brokopondo Lake, formed in the early
1960’s, covers an area of about 1,600 km2. After being used for hydropower generation, fresh
water from Brokopondo Lake is discharged via the Suriname River into the sea. Significant
freshwater input for the swamps and rivers bordering the Zanderij formation and the higher
old coastal plain in the south, particularly during the dry seasons, comes from groundwater
inflow. In the districts of Nickerie and Coronie, water-retaining dams have been constructed
to protect agricultural land from flooding during the wet seasons.
The retained water is also used for irrigation for rice cultivation in the same area during the
dry seasons, as well as for conserving mangrove wetlands on the coast. There are four major
fresh-water swamps. One of the swamps called Nani Swamp is used intensively for
agricultural purposes. High water-levels in the swamps from intensive rainfall in conjunction
with water-retaining dams of poor construction and maintenance have often resulted in dam
breaches and inundation of adjacent agricultural lands and urban areas.
1.2.3 GROUNDWATER AQUIFERS
Potable water is extracted from groundwater resources found in the coastal area at depths
varying from tens to hundreds of meters. The Zanderij aquifer is the only outcropping aquifer
and the only aquifer receiving modern replenishment. Intensive use of deeper aquifers has
resulted in an annual water level decrease of about 0.5 m. One present-day problem is an
increase in salinity of these freshwater aquifers, particularly in the northern part of the
country. This is an indication of groundwater depletion. Increase in population and
urbanization will further exacerbate this condition. At present, 93.5% of the population in
Paramaribo has access to potable water, while this percentage is lower (75%) for the Wanica
District, the second most populated area of Suriname. Water supply in the hinterland is poor.
During dry seasons, inhabitants of the interior mainly use surface water from the rivers, and
during wet seasons, they use rainwater directly for consumption.
4
1.2.4 THREATS TO WATER RESOURCES
Although Suriname has an abundance of hydrologic resources, these are being threatened by
improper waste disposal throughout the country, mining activities, mercury use and
uncontrolled use of pesticides. In addition, the country’s water resources may also experience
stress as a result of climate change through the combined effects of reduced annual rainfall,
increased evapo-transpiration, and prolonged dry periods. Reduced rainfall and the resulting
reduced discharge will lead to saltwater intrusion in the rivers, creeks and streams that flow
directly into the Atlantic Ocean. Saltwater intrusion into aquifers will also increase with
continued extraction from groundwater sources and pollution. If the sea level continues to
rise, replenishment rates into the Zanderij aquifer may decrease. It should be noted that
depletion of freshwater resources will further impact natural and manmade systems. Seawater
penetration in the coastal area will trigger a number of changes, such as the decline of water
quality, the dislocation of freshwater fish species, higher water levels and hyper-salinization
in the case of stagnant water. In addition, industries are increasingly using freshwater
resources for production purposes (water bottling, beverages, mining and agriculture) which
add to the pressure on these resources.
1.3 LEGAL FRAMEWORK ENVIRONMENT AND WATER RESOURCE MANAGEMENT
Suriname’s environmental regulatory regime is not yet fully developed and there is no
legislation dealing specifically with environmental management. The current legislation
stems from the Colonial period and is more focused on nature conservation rather than
pollution control. This regards amongst others the Nature conservation Act 1954, Game law
1954 and Fisheries Act 1961. After independence in 1975, a number of new laws were
promulgated with the aim to regulate exploitation of the natural resources of the country.
Examples are the Mining Act of 1986 and the Forestry Act 1992. In general, the legislation
regarding environmental and natural resource management was fragmented, dispersed
between different pieces of legislation the environmental laws and there was a lack of
coordination and enforcement. In this light, in 1998, the National Institute for Environment
and Development in Suriname (NIMOS) was established with a mission to initiate the
development of a national legal and institutional framework for environmental policy and
management in the interest of sustainable development in the Republic of Suriname. It was in
the year 2000 when this institute started the process to develop an Environmental framework
Act for Suriname. Even Environmental Impact Assessment and Pollution Control regulations
5
were drafted. However, these were never promulgated. Environmental Assessment
Guidelines have been released by NIMOS in 2005, and ever since been implemented on a
voluntary basis by mostly Multi-nationals operating in the country and State owned
companies.
Legislation specifically focused on water management is also dispersed between various
pieces of legislation. Most of the legislation is outdated and does not meet the requirements
for sustainable development. Some shortcomings in the current water legislation are the lack
of establishment of the rights and obligations of water users, lack of control mechanisms, no
coordination of tasks and responsibilities in the field of water management, lack of water
quality standards, etc.
6
2 CONSTITUTIONAL REGIME FOR ENVIRONMENTAL PROTECTION AND WATER
RESOURCES
To date Suriname has had two Constitutions. The current Constitution is relatively young,
promulgated in 1987 after being voted for in a national referendum. Suriname is a former
colony of the Kingdom of the Netherlands. The judicial system of the country is a civil law
system reflecting Dutch heritage. Laws are laid down in criminal, civil, and commercial
codes and verdicts are based on the judge’s interpretation of these codes.
2.1 CONSTITUTIONAL PROVISIONS ON PROTECTION AND MANAGEMENT OF THE
ENVIRONMENT AND WATER RESOURCES
Reference to the environment can be found in articles throughout the Constitution. The
references to water resources in the Constitution are mainly implicit and can be divided along
three lines, namely a)the first three chapters of the Constitution dealing with the sovereignty
and the economic and social aims of the State, b) chapters five and six dealing with the
constitutional rights, both political and civil, economic, social and cultural rights and
c)chapter seven dealing with the economic structuring of the state.
The Constitution of Suriname does not specifically stipulate a constitutional right to water.
According to General Comment no. 15 of the Committee on Economic, Social and Cultural
Rights (CESCR)2, paragraph 10: “The right to water contains both freedoms and entitlements.
The freedoms include the right to maintain access to existing water supplies necessary for the
right to water, and the right to be free from interference, such as the right to be free from
arbitrary disconnections or contamination of water supplies. By contrast, the entitlements
include the right to a system of water supply and management that provides equality of
opportunity for people to enjoy the right to water.” When examining the rights in the
Constitution this description of the right to water will be used as reference.
2.1.1 AIMS OF THE STATE ON PROTECTING THE ENVIRONMENT
Article 6g is the main article on which the government has based its national environmental
policy for the past 15 years. This article stipulates one of the social objectives of the State
2Suriname acceded to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 28
th of
December 1976. (http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
3&chapter=4&lang=en)
7
being focused on: “The creation and promotion of conditions, necessary for the protection of
nature and for conservation of the ecological balance3.”
4The placement of this article within
the lay-out of the Constitution makes clear that this is a goal the State will be aiming for in
developing the nation. The above formulation indicates a commitment from the State rather
than an obligation to create and promote conditions for nature protection and conservation.
2.1.2 CONSTITUTIONAL RIGHTS ON ENVIRONMENTAL PROTECTION
There are many constitutional rights that can be linked to environmental protection or the
protection of water resources. It depends on how far one is willing to go in the interpretation
of certain phrases within the chapters on constitutional rights. According to General
Comments no. 15 of the CECSR: “The human right to water entitles everyone to sufficient,
safe, acceptable, physically accessible and affordable water for personal and domestic uses.”5
For this analysis the articles in chapter 5 (Personal Rights and Freedoms) and chapter 6
(Social, Cultural and Economic Rights and Obligations) will be interpreted in accordance
with relevant General Comments of the CECSR.
With regards to the social and economic rights of citizens the Constitution speaks of the right
to health6. In paragraph two of the same article the obligation of the State to promote public
health and the systematic improvement of the living and working conditions. This wording is
in line with article 12 ICESCR. This article includes both a constitutional right (at. 36.1) and
an obligation of the State (art. 36.2)
Also General Comment no. 147 of the Committee on Economic, Cultural and Social Rights
(CECSR)makes the link between health and water in par. 11: “The Committee interprets the
right to health, as defined in article 12.1, as an inclusive right extending not only to timely
and appropriate health care but also to the underlying determinants of health, such as access
to safe and potable water8and adequate sanitation, […].”This interpretation leaves no room
for arguments against the right to health not encompassing the right to, at the least, clean
3 Emphasis added.
4 Art. 6g Constitution
5General Comment no. 15 (2002).The right to water (arts. 11 and 12 of the International Covenant on Economic,
Social and Cultural Rights), paragraph 2 6Art. 36.1 Constitution
7General Comment no. 14 (2000).The right to the highest attainable standard of health (article 12 of the
International Covenant on Economic, Social and Cultural Rights) (http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2f2000%2f4&L
ang=en) 8 Emphasis added.
8
water. Thus, within the right to health as specified in article 36 of the Constitution, everyone
in Suriname has the right to clean water.
Other constitutional rights such as non-discrimination (article 8.2), the equal right to
protection of person and goods (article 8.1) and the right to life (article 14) can all be linked
to the right to clean water.9
2.1.3 CONSTITUTIONAL ARRANGEMENT OF OWNERSHIP OF NATURAL RESOURCES
Article 41 of the Constitution states that absolute ownership of all natural resources belongs
to the State. The State can give private parties the right to explore and exploit the natural
resources. Thus it can be said that in Suriname there is a separation of rights over the land
from rights over the natural resource on and below the surface of the land.10
2.1.4 TRADITIONAL POPULATIONS WITHIN THE CONSTITUTION
For decades the indigenous and maroon communities11
have been fighting for legal
recognition of the rights to their land. However, to date no explicit references has been made
in the Constitution regarding the status and rights of these traditional populations. Also
different studies and research papers on the rights of Indigenous and Maroon peoples to land
in Suriname conclude that they do not have any formal rights to these lands and related
resources.12
This, while they face a threat to their health and very existence. Economic
development activities, such as resource extraction, take place in and around their traditional
lands and not always with their consent. Most of these communities live in villages in the
hinterland13
of the country. By far most of the Hinterland is located in the hilly, rocky, dense
rainforest covered interior of Suriname. Villages are remote, isolated and scattered small
communities, usually located along a river, creek or near a lake.14
The communities use the
water at their discretion and both maroons and the indigenous people use the rivers and water
basins between rivers as ways of demarcating their territories.15
Water and food
contamination caused by gold mining, cause significant social and environmental health
9 General Comment no. 15, para. 3.
10 This is also legally enshrined in the Mining Decree (art. 2.1 and 2.2).
11Descendants of the runaway slaves during colonial times in Suriname.
12Land Rights, Tenure and Use of Indigenous Peoples and Maroons in Suriname, March 2010, the Amazon
Conservation Team. 13
The term hinterland is defined in the Suriname Water Supply Master plan as “as any geographical place
within Suriname where rural communities are living within a tribal form and social structure”. 14
Suriname Water Supply Master plan, FINAL REPORT Volume I – Summary, June 2011, pg 21 15
An Analysis of Land Rights of the Indigenous Peoples and Maroons in Suriname, Adaptation of Legislation in
Suriname, ACT, pg 10 -11.
9
problems to these communities. In this context, article 41 of the Constitution which give the
State ownership of all natural resources in the country, is experienced as a “major obstacle for
the adequate protection of indigenous and maroon rights”.16
2.1.5 REMARKS
When analyzing the provisions in the Constitution it can be said that there are mostly implicit
references made to environmental management in general and water resources in particular.
Furthermore there is no specific mention of traditional populations in the Constitution.
2.2 CONSTITUTIONAL ALLOCATION OF POWERS
Allocation of powers (Governance) is ruled by the Constitution and relevant laws. Water
Governance is supported by a set of constitutional, organizational and operational
competencies, tasks and responsibilities to manage water and environmental resources. As
Suriname has a separation of powers, water governance lies with the executive powers,
namely the Government. The judicial and legislative powers have connection with
environmental and water resources management insofar that it is the judiciary that oversees
the correct and lawful implementation of water resource management legislation in such a
manner that is does not infringe upon the constitutional rights. For the legislator the
constitution is very clear in the responsibilities of the State to ensure both the freedoms and
the rights attributed to the right to water.
2.2.1 ALLOCATION OF POWERS TO THE GOVERNMENT IN THE CONSTITUTION
Within the Government, there are a number of ministries and institutions that have
responsibilities towards water management.
Article 122 of the Constitution describes the tasks of the Council of Ministers as follows:
Execution of Policy adopted by the Government
Preparation of legislative acts and administrative regulation;
Supervision of the correct execution of decrees where their execution is entrusted to
it;
Preparation and execution of an efficient policy;
16
The rights of Indigenous Peoples and Maroons in Suriname. Ellen-Rose Kambel and Fergus MacKay. 1999, p.
145
10
Giving direction to policy organs and to supervise administrative functions of local
organs by means of ministries.
In accordance with article 123 of the Constitution, the members of the Council of Ministers,
are responsible for leading their respective ministries and are accountable to the President.
2.2.2 DISTRIBUTION OF COMPETENCES ON ENVIRONMENTAL PROTECTION AND WATER
RESOURCE MANAGEMENT
The constitutional division of competence is further executed through national legislation,
such as the State Order regarding the Task Description of the Ministries (Besluit
Taakomschrijving Departmenten S.B. 1991 no. 58 zlg.bij S.B. 2010 no 124). In this act the
tasks of the different ministries are described. The following table provides a list and the
respective tasks of Ministries that are involved in management of the water resources and the
environment17
.
Table 1 Relevant environmental and water related tasks of Ministries.
Ministries Relevant environmental and water related tasks
Ministry of Natural
Resources The inventory, exploration and optimal use and
management of: minerals, natural resource water and
natural resources needed for energy generation
Water management, where necessary in an inter-
ministerial manner
Drinking water supply
Monitoring compliance with rules and regulations
concerning water management
Ministry of Public Health Environmental hygiene, among other sanitary inspection,
industrial hygiene, monitoring the supervision of the
destruction of pharmaceutical, clinical and industrial
waste, a thing in cooperation with the appropriate
authorities
Optimal conditions of housing and living environment,
as well as monitoring compliance with the laws relating
thereto
Ministry of Public Works Water management and drainage
Provisions with regards to hydrodynamics and
meteorology
Ministry of Labour,
Technological Development
and Environment
Coordinating the preparation of the environmental policy
and monitoring its implementation. This should be done
in collaboration with ministries and relevant
organizations
17
Only tasks relevant to water and environmental management are included.
11
Ministries Relevant environmental and water related tasks
The promotion to establish national environmental laws
This should be done in collaboration with relevant
Ministries and organizations
Adequately involve the public to encounter
environmental pollution in an efficient and effective
manner.
Ministry of Agriculture,
Animal Husbandry and
Fisheries
The monitoring of the correct use of the land and waters
issued for the agricultural sector
Prevention and control of animal and plant diseases
Ministry of Regional
Development Local governance
Integrated government action aimed at regional
development and improvement of living and quality of
life of residents in the districts to serve the community’s
interests
Garbage disposal and cleaning services in the districts
except for Paramaribo
All secondary and tertiary civil technical works in the
districts except for Paramaribo
Ministry of Transport,
Communication and
Tourism
Transport and all facilities for ground, air and water
transport, management of ports and tourism
The following paragraphs provide a brief description of the different departments or agencies
falling under the different ministries.
The Ministry of Natural Resources delegated its responsibilities with regards to water supply
to the Suriname Water Company (SWM), a parastatal company who is responsible for the
water supply in the densely populated urban area in the Coastal zone of the country and
supplies for approximately 70 % of the population and the Water Supply Service (DWV) that
is responsible for the rural area and supplies for approximately 21 % of the population.18
The Bureau of Public Health (BOG) under the Ministry of Public Health, is the national
institute of preventive health care that focuses on the promotion and monitoring of the overall
health for everybody in Suriname. The Environmental Inspection is a service under the BOG
and is amongst others responsible for: monitoring of soil, air and water pollution at the micro
and meso level, control over the management of waste, port hygiene, market control,
18
Naar Geïntegreerd waterbeheer in Suriname, Nancy del Prado, January 2011, p. 16.
12
hygiene of amenity areas, drinking water quality, advice on licensing conditions, complaints
investigation and provide information regarding environmental aspects.
The relevant departments under the Ministry of Public Works are the Meteorological Service
and the Hydrodynamic Service. The Meteorological Service is the preeminent authority
responsible for data related to the "supply" of water (important part of the hydrological
cycle). This service provides information necessary to manage spring waters of the country.
The Hydrodynamic Service has a very important function in terms of research and data
collection which is essential for the formulation of an integrated water policy. The Drainage
Works Service of the Ministry is responsible for maintaining the drainage structures and
areas in adequate condition.
The National Institute for Environment and Development in Suriname (NIMOS) is the
technical working arm of the Ministry of Labour, Technological Development and
Environment. It is the intention with the approval of the Environmental law, to transform
NIMOS into an environmental authority. An important task of this authority will be to control
pollution of the environment and determining of environmental standards. In this way, the
rivers and other waterways will get legal protection against pollution.
Two important departments at the Ministry of Agriculture, Animal Husbandry and Fisheries
when it regards water management are the Department “Management Water boards” and the
“Pesticides Office”. In the context of monitoring the proper use of land and waters issued for
the agricultural sector, this ministry has responsibilities towards rehabilitation of the dry and
wet infrastructure within the water boards. There has been specially set up within the
Ministry's a Department “Project Management Water boards. Although not legally regulated,
the Ministry executes the civil engineering works in rural areas to stimulate agriculture. After
rehabilitation of the water boards, these will be transferred to the Ministry of Regional
Development. Here there seems to be some degree of overlap in responsibilities as the
Ministry Agriculture and Regional Development both pursuing their activities in the field of
managing water boards. The use of chemicals for the agriculture sector is regulated by the
Ministry of Agriculture. In the context of the protection of the water resources it is important
that the use of agricultural chemicals is strongly controlled and monitored.
The Maritime Authority falls under the Ministry of Transport and is responsible for control of
water pollution by vessels (ships, boats).
13
The Ministry of Regional Development is responsible for the further development of the
participatory process in decision-making at the level of the constituencies and districts. The
garbage disposal and sanitation in the districts are inadequate which forms a potential source
of contamination. The regional government is also responsible for the management and
maintenance of secondary and tertiary civil engineering facilities (channels) which are
outside the jurisdiction of the Ministries of Public Works and Agriculture. The regional
administration has no powers when it regards sewerage and drainage in the context of
building and construction. The lack of rules and control relating to the sewerage and drainage
system in the districts has for decades been a major threat to the quality of water resources.
Furthermore, the Minister of Regional Development is also responsible for monitoring the
water boards.
2.2.3 REMARKS
The above shows that there is no government body or entity that is solely responsible for the
management of water resources in Suriname. In practice, this has resulted in fragmentation of
efforts, gaps, and duplication of work. Also, in practice beside a lot of uncertainty, also lack
of understanding amongst the ministries about the different responsibilities exists. Insofar as
there is water management, it can be said that it takes place on two levels, horizontal and
vertical level. On the horizontal level there is overlap between the different ministries or
institutions. On vertical level where there is a distinction between the national government
and the local authorities, it appears that too many responsibilities lie with the national
government, which is not a stimulus to local authorities to perform.19
2.3 JUDICIAL CONTROL OF CONSTITUTIONALITY
The system of judicial review of constitutionality can either be concrete or diffuse. The
diffuse control system can be characterized as the control system where the competence to
subject legislation to a judicial review of their constitutionality lies with any judge or court.20
On the other side of the spectrum of judicial control lies the concrete control system which
gives the control to one specialized court to subject legislation to a judicial review of their
constitutionality. These judicial control systems are also linked to the common and civil law
systems. Where the diffuse control system is linked to for example the American law
19
Naar Geïntegreerd waterbeheer in Suriname, Nancy del Prado, p. 21. 20
Judicial Review and Deliberation Process: Legitimacy, transparency and legal certainty in the decisions of
supreme courts. Gilmar Ferreira Mendes., p.1
14
system21
the concrete control system is attributed to the civil law system of countries such as
Germany and France.
Suriname has, in first instance, opted for the concrete control system. This allows only for the
Constitutional Court to subject national legislation to judicial review of their constitutionality.
But alongside this specific preference for the concrete control system, the constitutioner has
also given some, very select, power to the general courts to also practice judicial review. This
is more in line with the diffuse control system.
The following paragraphs elaborate on the function of these systems in Suriname.
2.3.1 THE CONSTITUTIONAL COURT OF SURINAME
According to the Surinamese constitution22
there is a Constitutional Court23
. This Court has
two main tasks (article 144.2): (1). To test the content of legislation (or parts thereof) against
the Constitution and relevant international agreements between Suriname and other
governments and international organizations; (2). To assess the reconcilability of government
decisions with one or more civil rights named in Chapter 5 of the Constitution24
.
If the Constitutional Court deems legislation to be in breach of one or more provisions of the
Constitution as mentioned in art. 144.2, the act (or parts thereof) or the administrative
decision are considered to be non-binding.25
The Constitutional Court is an independent body, comprising of a Chair, a vice-chair, 3
members and 3 deputy members. These justices are appointed by the President of the
Republic of Suriname for a period of 5 years on the recommendation of the National
Parliament.26
Further implementation with regards to composition, the organization and workings, as well
as the legal effect of decisions of the Constitutional Court shall be done by act. Until now this
has not been implemented.
21
This system is not solely attributed to America, Brazil also has a diffuse control system. See Mendes p.1 22
Constitution of Suriname, S.B. 1987 no. 116, last amended S.B. 1992 no. 38 23
Article 144 Constitution 1987. This article was amended in 1992 because the original article was too vague to
be implemented. 24
The rights in chapter 5 are amongst others: the right to life, non-discrimination, personal liberty and safety,
right to legal counsel. 25
Art. 144.3 Constitution 1987 26
Art. 144.1 Constitution 1987
15
2.3.2 JUDICIAL REVIEW BY GENERAL COURTS
Article 137 of the Constitution also allows for judicial review of rules by the lower courts.
This control is limited to the review of a concrete case against the political and civil rights
named in chapter 5 of the Constitution. The court does not have the authority to declare the
rule generally non-binding but only to declare the application of the rule for the presented
case unwarranted.
2.3.3 REMARKS
Even though the Constitution mentions the Constitutional Court as the special court for
judicial control of constitutionality of national legislation, regulations required to implement
this article have not been promulgated. As a consequence thereof national legislation has not
been subjected to judicial review.
16
3 LEGAL INSTRUMENTS ON WATER RESOURCES AT THE NATIONAL LEVEL
3.1 LEGAL INSTRUMENTS
For this study, the term “instrument” will comprise all lawful regulations, rulings, decisions
and actions that can be used to implement or enforce legally binding norms and standards.
These instruments may be directed towards the Government as well as the public. Examples
of instruments of the Government are for instance policies, guidelines and plans, while
instruments towards the public comprise of laws and regulations, system of permits and
charges.
3.2 INSTRUMENTS TOWARDS THE GOVERNMENT
The framework for the current government policy is anchored in the Development Plan 2012-
2016, named “Suriname in Transformation”. There are special sections devoted to sustainable
water management and drinking water supply.27
The Development Plan makes reference to the increased contamination of water resources by
increased economic activities and the uncontrolled discharge of waste water. Therefore the
protection of freshwater sources and ground aquifers are identified as priority projects for this
term. The water act, the environmental act and legislation to protect water collection areas
will be enacted in this term. It is also mentioned in the Plan that the concept of Integrated
Water Resources Management will play an important role in the future .
In addition, in the next five years the policy of the Government will also focus on the
promotion of efficient water use and export of water.
The Government also recognizes that the capacity of the pumping stations for drinking water
is insufficient, the infrastructure is partly outdated and that connections to the water
distribution net are not possible everywhere. In addition, the groundwater sources are largely
depleted and/ or saline (especially in Paramaribo) and the quality is not constant. In this
context, the Government will ensure monitoring of drinking water quality.
27
Development Plan 2012-2016, “Suriname in Transformation”. Government of Suriname. p. 145 & 169.
17
The policy strategy and priorities of the current government are:
A hydro - geological survey will be conducted to locate future sources and water
conservation practices be introduced which should lead to more efficient water use
Adjustments to the tariff and water meters provided for each connection. An
advisory body for regulating the water tariffs will be installed.
The management area “Interior” will be managed by an independent and separate
organization
The Acts on Supervision of water quality, protection on groundwater recharge areas,
groundwater and drilling will be formulated and presented to the National Assemblée
for approval.
The policy aims to provide in 2015 about 85% of the population in the coastal plain
and approximately 75% of the population in the interior safe and clean drinking water.
In order to realize this, in the Water Supply Master an investment scheme until 2024
is included. In total, USD 260 million will be spent, of which USD 35 million for the
interior.
3.3 INSTRUMENTS TOWARDS THE PUBLIC
Instruments towards the public include legislation, permits and tariffs.
3.3.1 LEGISLATION
Suriname has no general law on integrated water resource management and protection, but
different acts and regulations shape the legal framework of the water sector. These will be
discussed in this paragraph. The relevant legislation in this paragraph will be categorized in:
1. Protection of water resources in general
2. Protection of water resources for drinking water supply
3. Waste water management
3.3.1.1 PROTECTION OF WATER RESOURCES IN GENERAL
The Drilling Act (Boorwet G.B. 1952 no. 93.)contains provisions to protect the soil by
regulating particularly the treatment of the drill holes. This Act does not aim to protect
18
groundwater, but the main purpose is to prevent the mixing of the components of the soil.
The Drilling Act does have the flexibility to make further regulation. This act is very outdated
and is not being enforced by the Geological Mining Service (GMD). It is expected that this
Act will be reviewed and amended.
The Nature Conservation Act (Natuurbeschermingswet G.B. 1954 no. 26zlg. S.B. 1992 no.
80)stipulates that the President may designate, having heard the State Counsel, land and
waters belonging to domain land as a nature reserve. This in order to protect and preserve the
natural resources in the country. One of the criteria for an area to be designated as a nature
reserve is that “the area in question due to its diverse natural and scenic beauty and / or by the
presence of important flora, fauna and geological objects requires protection by the
government. Overall management of the nature reserves rests with the Head of Suriname’s
Forest Service, advised by the Conservation Commission.
It is prohibited to intentionally or due to negligence damage the condition of the soil, the
natural beauty, the fauna, and the flora or to perform activities that may impair the value of
the reserve as such. It is also prohibited to hunt and to fish and persons are also not allowed to
have with them dogs, firearms, and any hunting or catching device, without the required
license thereto.
Currently Suriname has sixteen ( 16 ) protected areas, of which seven ( 7 ) in the coastal area,
three ( 3 ) on the border of the old coastal plains and savanna belt, five ( 5 ) reserves and one
(1 ) nature park in the interior. These nature reserves are established for various reasons, such
as protection of flora and fauna, education etc. An example is the Coppename river estuary
nature reserve that is protected because of the famous colony of herons and red ibises. Up till
now, this is the only reserve placed on the Ramsar list of "Wetlands of International
Importance" by the Ramsar convention which Suriname is a member. This convention aims
to protect and preserve wetlands that are important for waterfowl.
The Nature Conservation Department (NCD) is responsible for enforcement of nature
conservation laws. Enforcement of the Nature Conservation Act still hampers due to lack of
finances and manpower. Also this Act does not provide provisions on management of these
protected areas. In practice, management plans have been drafted but never been legally
adopted. It can be stated that the Nature Conservation Act, which can be considered the
central Act for conservation in Suriname, is 60 years old should undergo a thorough
19
evaluation. Environmental management approaches nowadays differ and there are different
options28
to choose from, depending on the local situation.
The Act on Territorial Sea and the Contiguous Economic Zone (Wet Territoriale Wateren en
de instelling van de aangrenzende economische zone S.B 1978 no. 26)covers the extension of
the territorial sea of the Republic of Suriname and the setting of the adjacent economic zone.
The Republic of Suriname exercises sovereign rights concerning the exploration,
exploitation, conservation and management of natural resources, both living and non-living
on the seabed and subsoil and the superjacent waters. By State Order specific rules can be
made to protect the marine environment, including taking measures against pollution. It is
prohibited for any person to perform actions which can infringe the rights of the State without
a permit. The aforementioned State Order was never elaborated and therefore the necessary
legal protection of the marine environment within Suriname’s territorial waters and economic
zone does not exists.
The Forest Management Act (Wet Bosbeheer S.B. 1992 no. 80) contains provisions to
regulate the forest management and forest exploitation, as well as the primary wood
processing sector). The forest has a stabilizing factor for water management. It is therefore
of importance that forest management takes the ecological functions of the forest into
account. One of the basic principles of the rational use of the forest is also expressed in
Article 2 of the Forest Management Act: " The Minister is responsible for forest management
which focuses on the rational use of the forest as a self- renewable natural resource with the
provision that the stabilizing influence of the forest on the natural environment , is not
affected in particular of the soil , water , flora and fauna. The forest can be classified in
permanent forest, conversion forest and temporarily maintained forest. Permanent forest can
be divided into permanent production forest, protection forest and specially protected forest .
According to the definition, protection forest is permanent forest, which because of its
location, has a significant stabilizing effect on the natural environment particularly on the
soil and water. This legal arrangement creates the possibility to protect the water resources by
designating a certain forest area as protection forest. In addition, there is always the
concession conditions which provide requirements for the protection of water resources.
28
There are different types of governance approaches, f.e. by Government, by Indigenous and local
communities, by private property owners or co-management,
20
The Minister of Physical planning, Land and Forest Management has designated by
Ministerial Order four "multiple management areas" (MUMA’s)located along the coast in the
estuarine zone. All of these areas as well as the entire estuarine area serve as a high biological
productivity and a breeding ground for many marine fish and shrimp species. Protection of
this area against increasing threats was essential because:
The mangrove habitat cannot function optimal and may die back because of
disturbance to the freshwater flow;
Increased pollution of the rivers (and brackish creeks) by oil, industrial effluence,
pesticides , organic waste and (potential) mercury that threatens the breeding and
production function;
The disadvantage of pesticides and mercury for fish, shrimps, poultry and wild meat
for the local consumption and export.
Management plans for the aforementioned MUMA’s have been drafted but lack the legal
adoption and therefore never implemented. However, under the UNDP/GEF funded project
“Suriname Coastal Protected Areas Management” these management plans are being updated
and the legal framework is being developed.
The Ministerial Order “Guidelines for land issuance in the estauriene management areas"
(Beschikking gronduitgifte estuariene beheersgebieden 2005)sets guidelines for the issuance
and use of domain land in the estuarine management areas for the purpose to protect the
natural functions of these areas e.g. coastal and shore protection, soil and water management,
the breeding and feeding grounds for fish, shrimp and birds. When issuing domain land in the
estuarine management areas the following terms and conditions apply:
A strip of 500 meters on both sides of the rivers and a stroke of 200 meters on both
sides of creeks is reserved for protection forest or special protected forest;
It is prohibited to withdraw water from the estuarine swamps;
The discharge of waste water containing chemicals, pesticides is prohibited
Although the abovementioned requirements are incorporated in the permit of issued land,
enforcement of the vast estuarine zone by NCD is very poor.
21
3.3.1.2 PROTECTION OF WATER RESOURCES FOR DRINKING WATER PURPOSES
This category includes the acts and regulations that specifically aim at improving the quality
and quantity of drinking water in Suriname. The legislation which falls under the category of
"drinking water" has some overlap with the category "Protection of water resources" in the
sense that both categories regulate aspects of public health.
According to article 224of the Penal Code (Wetboek van StrafrechtG.B. 1911 no. 1 zlg. bij
S.B. 2004 no. 105.): “He that deliberately puts a substances in a well, pump, source, creek
that is used as common good or sharing with others as a drinking water device, knowing that
thereby the water will be polluted or can harm the health, will be punished by imprisonment
not exceeding fifteen years“. If the offense results in death of the person, shall be punished
with life imprisonment or a term of not exceeding twenty years. This article is aimed at
protecting the health and life of persons. It has by no means the intention to penalize
pollution, where aquatic life is affected. In other words, this article applies only when public
health has suffered, or any person resulting from the contamination has died.
In the Police Criminal Code(Politie Strafwet G.B. 1915 no.77 zlg. bij S.BS.B. 1990 no. 24.) it
is stated that “The polluter of water in a well, water hole or a ditch or generally any water that
will be used to drink or wash shall be punished with a fine or imprisonment not exceeding
one month”. The law does not define the word “pollution”.
The Water Supply Act (Waterleidingbesluit G.B. 1938 no.33.) obliges owners of buildings
and houses to make use of the public water supply system. It prohibits the possession of
water tanks and wells in the areas where the law is applicable. It is prohibited to own or
possess wells, pits or others that are used to extract water, bins, barrels or other similar
objects which will be used for the collection and / or storage of water. Above-mentioned is
not applicable for water companies that have a license from the Government.
This act prohibits private well construction and rainwater storage, requiring the people to
have their houses connected to the distribution system of the Suriname Water Company in
urban areas. This act does not contain provisions to control the quality of drinking water. In
order to provide more potable water to those especially in rural areas, the government created
a water supply section currently within the Ministry of Natural Resources. After a water
supply system was installed in Suriname in 1933, the privies in the backyard were replaced
22
by flushing toilets and the excreta were disposed in septic tanks. The effluent of the septic
tanks flows into the closed sewerage systems. In the rural areas, excreta disposal was usually
in pit latrines. In current times, these pit latrines in these areas are also being replaced by
flushing toilets in the homes. The responsibility for sewage management and wastewater
disposal are shared by the Ministry of Public Works, the Ministry of Public Health and the
Ministry of Regional Development29
.
The Concession Act (Concessiewet G.B. 1907 no.34 geldende tekst 1944 no.129) from 1907
contains rules concerning the exploitation of the public utilities The President can grant
concession for the use of domain land for the construction and operation of works of public
utility. The Suriname Water Company (SWM) operates as a concessionaire according to this
law and concession was granted to the water supply company (SWM). However, the
concession expired in 1982 and it is advisable that the extension of the SWM concession over
the whole country should be studied, while observing the interests of other producers of
drinking water.
The competence to intervene in the fixation of water tariffs is based on the Price-fixing and
Price-control act (G.B. 1957 no. 58.). Currently the responsibility for tariff approvals lies
with Government. The Government of Suriname has shown a willingness to increase tariffs
aggressively, notably in 2004. However, these were never adjusted since then. But like in
many other jurisdictions where Government approves tariffs, there is a crippling political
reluctance to adjust tariffs as needed. While an independent tariff regulator would bring
greater expertise to the task and may also help depoliticize tariff decisions, according to the
Suriname water supply master plan30
there is no pressing need for an independent tariff
regulator in Suriname now. The Government could however secure greater support for its
tariff decisions by establishing an independent advisory office to review and comment on
tariff issues. Another suggestion is to amend the water tariffs through a consultation process
in close cooperation with relevant governmental organizations, private sector and the water
consumers31
.
29
Final National Assessment Report, Barbados Plan of Action, February 2004. 30
Suriname water supply master plan Volume 1, Summary, p. 42 31
Sectoral Analysis of Drinking Water Supply and Sanitation in Suriname, Paramaribo, October 1998
23
As already mentioned in paragraph 2.1.2, the Constitution has a specific provision when it
comes to the right to health. It is stated in article 36 that everyone has the right to health and
that the State shall promote general health-care by a systematic improvement of living and
working conditions and shall give guidance on the protection of health. Clean and safe water
is a prerequisite for a healthy life.
Two acts with specific health aspects are the anchylostoom act and the mosquito act. The
Anchylostomiasis act contains rules for the protection of water wells against contamination
from anchylostomiasis (Anchylostoomwet GB 1917 no. 83, geldende tekst GB 1937 No. 23)
This act prohibits the use of faeces as fertilizer and protects wells against contamination with
faeces. Regulations are given on the distance to build latrines, stables, cow sheds and folds.
The law gives instructions on water well sites.
The objective of the Mosquito’s Act is to prevent mosquito’s from entering water tanks and
other objects that contain water for domestic use (Muskietenbestrijdingswet GB 1952 no. 9.)
The law obliges the users of land or yards to take all necessary measures to exclude
mosquitos and other insects and pests from their land or yards. The Environment Inspection
of the Ministry of Public Health is in charge of the enforcement of this law.
Draft legislation
Below is included a listing of three draft laws on the protection of groundwater extraction
areas, groundwater and water quality.
1. Draft Act concerning the protection of groundwater extraction areas (Concept Wet
Grondwaterbeschermingsgebieden). The protection of the catchment is to ensure that no
bacteriological contaminated water, hydrocarbons or other toxic substances reach the
wells within a period of 60 days.The60 day period is crucial because the germs in the
groundwater are naturally degraded within this period. Pollution will be mainly caused by
surrounding wells, which are in contact with the aquifer from which water is extracted.
The greatest risk of contamination of the groundwater is in many cases because the well
is not sealed. Within the catchment is a strict protection regime required. With the ban
system the act seeks to prevent that pollutants make the groundwater less suitable and that
activities take place that can make harmful substances more easily accessible and that
24
potential sources of contamination are introduced within the zone. Also compensation for
damage is regulated by this law. It regards damage that is caused by application of this
law will be determined in fairness and paid by the Director of the Ministry responsible for
water supply.
2. Draft Act concerning the extraction of groundwater (Concept Grondwater wet).
According to this act it is prohibited to extract groundwater without a license from the
Minister of Natural Resources. A Commission Water management will be established and
one of the tasks is to advise the Minister in granting permits for water extraction. The
permitting procedures is also regulated through this Act. In addition, the act also sets
technical specifications for drilling.
3. Draft Act supervision on water quality of water companies (Wet Toezicht
Drinkwaterkwaliteit) . This draft act refers to standards that shall be set for drinking water
quality and is applicable for all companies that supply potable water to the public.
In the current Water act of 22 February 1938 (waterleidingwet) rules relating to the
monitoring of drinking water quality and hygiene of the water companies are missing. By
adopting those rules relating to the supervision of the government on the water companies
people will be assured of good quality drinking water. Also, because of the increased use of
chemicals and pesticides as well as the increase of different economic activities in the country
it is necessary to adopt rules for drinking water standards. A Council for Drinking Water
Quality, consisting of at least seven members will advise the minister on the quality of
drinking water. The water company is required to arrange for the supply of drinking water to
consumers in its service area of such quality that the interest of public health is guaranteed.
Regarding the abovementioned draft legislation it can be argued that these are specifically
aimed at protecting the water resources to ensure availability. It can be noted that the
protection of waters for the conservation of natural ecosystems is not the intention.
3.3.1.3 WASTE WATER MANAGEMENT
The Building State Order (Bouwbesluit G.B 1956 no. 30 zlg. bij S.B.2002 no.93 ) is a
Government decision of November 26, 1956, pursuant to articles 1 and3oftheBuilding
25
Act1956.Articles 1 and3ofthe Building Act sets the building through a compulsory licensing
system.
Some important rules to be taken into account when building are:
1. Each toilet must be connected to a septic tank on a designated sewage
2. Each building, in whole or in part, intended to house must have a well-established,
adequate drainage to drain rainwater and household water in a sewer to be designated by
the Director of Public Works.
3. The stool(range) of a private may only take place through air- and watertight stones,
metal or cement pipes in the septic tank. The Director is authorized to determine further
conditions for: (a) the establishment of water reservoirs, (b) placing wells or other
establishments where greasy, slimy or dyes, heavy dirt or other undesirable substances in
the waste water are expected, (c),the composition of floors and walls and drainage
facilities of stables and rooms, where significant amounts of fluids are discharged or used.
With regard to water supply, the provisions of the "Water Act" (G.B.1938 no.33) and rules
issued by NV Suriname Water Company are applicable.
The Nuisance Act (G.B. 1930 no. 64 zlg. bij S.B 2011 no.63)dates from 1929 and is amended
several times . According to the Nuisance act a license from the District Commissioner of the
respective district is required for certain types of enterprises. A license may be refused if the
of enterprise would cause harm, damage property, business or health or nuisance of a serious
nature such as spreading dirt or disgusting exhalations or odors.
If the District Commissioner considers that such an enterprise or business can cause damage
to water resources he/she can refuse this authorization.
Furthermore, the Harbour Decree (Decreet Havenwezen S.B. 1981 no. 86.) provides
stipulations for the harbor. It prohibits the discharge of waste, oil, oil-contaminated water and
condemned goods into public waters. It is also prohibited to pump oil, oil contained ballast
and bilged water. The harbor master is responsible for the enforcement of this Decree.
The draft Environment Act 2010 provides rules for the conservation, management and
protection of a healthy environment . A very important tool which will be introduced with the
entry into force of the act is conducting environmental impact analysis for activities that may
affect the environment. In this way in an early stage can be determined whether some
26
development will have adverse effects on the environment and mitigation measures in the
event of contamination.
The draft law also lays down rules in what quantities, concentrations or under what
conditions the deposit, release or escape of contaminants on land , in the soil, water or air ,
causes environmental pollution. When providing a so-called environmental permit, it will be
determined under what conditions and levels contaminants may be deposited , released or
discharged into the soil, water or air .In principle, the draft act consists of general rules
concerning water pollution. However, at present it is uncertain when this draft will be
approved in Parliament
3.4 PARTICIPATION OF GOVERNMENT (MUNICIPALITIES) ON WATER RESOURCE
MANAGEMENT
The Act on Regional Bodies (Wet Regionale Organen S.B. 1989 No.44 zlg. bij S.B. 2002 no.
54), regulates the organization of local government; the power and operating procedures of
the representative bodies (District and Resort Councils) and administrative organs as well as
the procedure for the realization of local regulations and planning. The management of the
district includes the maintenance of secondary and tertiary roads and bridges, pipes,
waterways and other infrastructure intended for public services. The District Council also has
the task to ensure that the population of the district is involved in the development of resort
and district plans.
The Waterboard Act provides the framework for the functioning of the oldest forms of local
government in Suriname, namely the water boards.
The purpose of establishing water boards was to delegate the responsibility regarding the care
of a good water management system to stakeholders. Water boards are local, independent
public bodies entrusted with a special government task given by law. Water boards perform
tasks in water areas with specific geographical conditions to promote a specific economic aim
or public interest. In districts where there are no water boards, the tasks are performed by the
local government. The Water Boards Act is based on two important principles, namely the
user determines how the water management is conducted and the user pays for the
maintenance and, if necessary, the construction of the waterworks.
27
Since 2003 no government elections are held in Suriname, according to the water board act.
Most of the water boards are found in the district Nickerie and this district accounts for 14
water boards. In February of this year the commission water boards of the government, along
with a delegation of the Ministry of Regional Development and the District Commissioner of
Nickerie laid the foundation for the elections of the water boards in the district Nickerie32
.
It was very important for parties to have an on -going awareness process after the elections
and to involve the most important stakeholders namely the farmers. For their production they
need water that costs a lot and obliges us to maintain water in a sustainable manner.
For the enforcement by the water board adoption of a keur is very important . A keur is a
regulation which include rules on protection of the dikes, roads and waters and water
constructions. For example people living nearby a dike , do not generally maintain it but they
may not intentionally damage it. Also if businesses or farmers want to discharge, water
drainage or extract water, in some cases, it is required to obtain a license from the Water
Board. An approved keur will be published in the official gazette of the Republic of
Suriname.
Currently twelve water boards are established in district Nickerie.
3.5 PARTICIPATION OF CIVIL SOCIETY ON MANAGEMENT OF WATER RESOURCES
Participation of civil society is not fully developed yet in Suriname. According to the
Development Plan 2012-2016, currently in the country symptoms of a development of actual
participation are becoming visible. However, it is not yet full legal reality. Participation must
be seen as an important element of true democracy. NGOs will continue to fulfill an
important role within the participative democracy . As stated in the Development Plan, the
Government will ensure that adequate policy attention will be given to these organizations
and their respective representations. Important aspects of participatory democracy which in
this planning period policy will receive special attention are:
participation,
public focus of the administrative department ,
consultation and;
information to and communication with the public
32
Newspaper “Dagblad Suriname”, dated 15 February 2013.
28
It is explicitly stated in the Development Plan, that the concept of Integrated Water Resources
Management will play an important role in the future. Integrated water Resource
Management (IWRM) can be described as the management of surface and subsurface water
in qualitative, quantitative and environmental sense from a multi-disciplinary and
participatory perspective and focused on the needs and requirements of the society at large
with regard to water for now and in the future.33
In December 2012, the Water forum Suriname (WFS) was launched. This forum is a non-
governmental initiative and is comprised of experts from the water sector in Suriname. Their
aim is to achieve integrated and sustainable management of our water resources. It is
intended as a consultation structure within which knowledge, experience and expertise are
exchanged on water management, -resources, -use and laws. From the professional point of
view, the WFS also contribute to national policy development in the field of water
management in Suriname. Educational activities will also be undertaken.
Also, it is noteworthy mentioning that in June this year, also a discussion started in the
district of Nickerie to set up a Water platform for Nickerie. The water interests34
in Nickerie
are diverse and large and the organization of water management is fragmented. Therefore, the
establishment of a water platform where the different parties are represented is important.
Three organizations, namely the Anton de Kom University of Suriname (ADEKUS, the
National Women’s Movement (NVB) and the Overlying Waterboard Multpurpose Corantyne
Project (OWMCP) are partners from the Global Water Partnership- Caribbean (GWP-C).
GWP-C is committed to supporting Caribbean countries in the sustainable management of
their water resources by fully promoting and applying Integrated Water Resources
Management (IWRM) in the region35
.
In the current legislation stakeholder participation (including civil society), as part of water
management is not yet included.
However, the new drafts as modified by the current Government do contain one aspect of
participation in water management. The Draft Act regarding rules related to the extraction of
33
Jaspers F.G.W. (2003), Institutional Arrangements for Integrated River Basin Management, in Water Policy 5
(2003) 77-90. 34
Some issues regarding water management in Nickerie are: irrigation for the agriculture sector, problems with poor drainage from the urban area in cases of heavy precipitation, issues with fisheries, tourism and game in large protected wetland (Bigi Pan area) 35
http://www.gwp.org/en/GWP-Caribbean/ABOUT-GWP-C. last visited on November 4, 2013.
29
groundwater has provisions to establish a Council for water management. The members of
the Council are appointed by the Minister. For at least the majority of the members of the
Council is also taken their specific expertise in the field of water management into
consideration. However, integrated water management deals with all stakeholders, which
means that they are consulted or participate in decision making and other management
functions. Stakeholders could be direct-users, potential users, government, Non-
Governmental Organizations, experts, politicians, society at large. The Council as proposed
in the Draft groundwater Act has more of an advisory role.
The draft Act Monitoring Drinking water Quality also contains provisions to establish a
council for drinking water quality. The Council can give advice to the Minister at the request
or on their own initiative on the quality of drinking water, the practices of the companies, ,
methods for treatment of water, methods for the examination of water quality, medical
examination of personnel and methods record keeping. Members of this Council are
representatives of a number of ministries such as Environment, natural resources, Health,
Office of the President, and the University. Also this Council has an advisory task but also
inspection and monitoring of a water company can be authorized by the Council. The Act
also leaves open the opportunity to add tasks for the Council through a regulation.
3.6 JUDICIAL DECISION
No information has been found on existing judicial decisions related to water management.
The search for relevant judgments is further impeded by the lack of written out and not
properly stored decisions with the court’s clerk office for easy reference.
3.7 REMARKS
With regards to the priority areas as mentioned in the Development Plan, it must be stated
that follow-up has been given to the preparation of water legislation. The old drafts have
been reviewed by a group of experts and in October 2013 modified drafts have been finalized
and are ready to be presented and discussed at the Council of Ministers. It is expected that
these laws will be presented in parliament before the elections in 2015.
30
The legislation described in the previous sections is outdated, fragmented and does not meet
the current demands of the society . Some shortcomings in the current legislation are the lack
of rights and obligations of the water user, lack of control mechanisms, division of
responsibilities and powers (no integration), lack of water quality standards, etc. Most of the
legislation provide enabling provisions for nature conservation and protection. However, no
implementation regulations have been promulgated, nor have the management plans for these
protected areas been legally adopted. The current draft water laws are an improvement, but
don’t contain all aspects of integrated Water Resource management.
31
4 LEGISLATION ON WATER RESOURCES AT THE SUB-NATIONAL LEVEL
4.1 THE ROLE OF THE STATE AND LOCAL GOVERNMENT
The administrative organization in Suriname is governed by the Constitution and the Law on
Regional Bodies. This organic law regulates the political -administrative structure of the ten
districts in Suriname and the organization and powers of the regional bodies. In accordance
with the Constitution36
, Suriname is a decentralized unitary state, but the actual situation is
that the fundamental principle of decentralization has not yet been realized and that Suriname
is still ruled from the Capital City of Paramaribo.
Each district has a District Council and each district is divided into ressorts37
with locally
elected local councils. These Councils38
are the representative bodies on the regional level.
The district council is the supreme political-administrative organ of the district and the ressort
council is the supreme political-administrative organ of the ressort. In accordance with article
12 the Law on Regional Bodies, the District Councils are responsible for the regulation and
administration of the economy of the district. The regional representative bodies (district and
ressort councils) participate in the preparation, creation and the execution of the regional
district plans and ressort plans. Other specific tasks are regulated by law.
In accordance with article 174 of the Constitution each district shall have a district
administration. The district administration is the Executive organ of the district. The district
administration consists of the District Commissioner and the representatives of the ministerial
departments within the district. Based on article 175 of the Constitution, the district
administration is entrusted with the daily administration of the district.
It is further stated in the Act on regional Bodies, that the members of the District
administration are the District Commissioner, who is also chairman, and one designated
person per Ministry. It is further required that the members of the District administration
should preferably have their permanent residence within the concerned district.
36
Article 159 of the Constitution: The democratic order of the Republic of Suriname comprises at regional level
local government bodies, whose function, organization, powers and functioning are regulated in accordance
with the principles of participatory democracy and decentralization of governance and regulation by law 37
According to art. 1 of the Act on Regional Bodies a resort is defined as an administrative area which
boundaries are set by law. Suriname has 10 districts that are divided in 62 ressort. 38
Article 161 of the Constitution
32
In 2003, the Decentralization and Local Government Strengthening Program, known as the
DLGP started. This program should be placed in the context of the policy of the Government
in strengthening democracy. The decentralization program aimed at allowing the local
population to ' grass- root level' and ' demand driven ' fully involved in the decision and if it
can determine its own priorities for themselves for the improvement of housing, living ,
working and production conditions . The main purpose of the program was to strengthen the
legal framework and the introduction of fiscal and administrative viable state institutions in
the districts, necessary for an independent financial and budgetary management.
Currently, the Government is in the implementation of a phase 2 of DLGP. The objective of
the Program is to continue supporting Suriname’s local government decentralization efforts
and to contribute to the attainment of a core legal framework, and as well as to assist new
pilot districts of Paramaribo, Sipaliwini, Saramacca, Coronie, and Brokopondo to obtain
adequate institutional capacity for fiscal self-management and capacity for managing capital
investment. The Program will also assist certified districts of Wanica, Para, Nickerie,
Commewijne, and Marowijne in the implementation of community-based basic infrastructure
investment projects and local services.
The Water Boards Act 1931 (Waterschapswet G.B 1932 no. 32 zlg. bij S.B. 2005 no. 28)
provides the framework for the functioning of the oldest forms of local government in
Suriname, namely the water boards. These are inherited from the Dutch Colonial era.
This act regulates:
- the creation and management of water boards and the powers of the board
- the obligations of the parties involved
- the possibility of enforcement orders
- monitoring of the water boards and the means of appeal against decisions taken by the
water board.
Although, more than seven decades old, it is still modern by today's standards. The water
boards, in the exercise of the specific water duties, are given regulatory power. With other
words the power to make binding rules, under the supervision of the Minister of Regional
Development responsible for the regional administration.
The Water Boards Act of 1931 is based on two major principles, namely: the user determines
how the water management is done and the user pays for the maintenance and construction of
necessary waterworks. The aim of creation of a water board was to promote economic
33
developments in the districts. However, it should be noted, that in certain areas, a water
board was set up to involve stakeholders directly for efficient water management . Water
Boards include smaller geographic areas, such as a polder. The stakeholders are in this case,
the owners or users of land located within the water area.
Water boards can also be set up for water management in larger areas where several water
boards are located. In that case, the water board will be referred to as an overlying water
board. The stakeholders are then in principle the water boards located in the water area of the
overlying water board. As an example of an over lying water board can serve the
Multipurpose Corantijn Project - administration, that will be converted into a water board.
4.1.1 ISSUES OF CONFLICT OF AUTHORITY
The act from 25 march 2005 amended the Act Regional Bodies ( SB 1989 no.44 , as last
amended by SB 2002 no.54 ) and the Water Boards Act 1931 ( GB 1932 no.32 , as last
amended by SB No. 1984 56). These changes were intended to regulate the parallel operation
of both the regional governing bodies and the water boards. Regional administrative bodies
are local government and as such organs of the State in charge of a general management task
given by law. Constitutionally, it is a case of decentralization of general administrative tasks
of the Government. Water boards are local, independent public bodies in charge of a special
government task given by law. They perform tasks in areas where under specific
geographical conditions and to promote a specific economic aim or the public interest special
water tasks need to be conducted. In the other areas in the district where no water boards are
needed, the water tasks are performed by the regional authorities.
At the local level both bodies, particularly the one in charge of administration and the other in
charge of general administration, function side by side.
In the (old) article 64 of the Act on Regional Bodies, the Water Boards Act 1931 was
inoperative. The underlying idea was that the powers and duties of the water boards would
eventually be taken over by the regional authorities, especially the District and the District
Board.
However, practice showed that for various reasons regional administrative bodies did not
perform the tasks related to water management. The urgent need, especially from the
agricultural sector, for efficient water management, has led again that the water board took
over these tasks.
34
According to article 8 of the Water board act from 1931, the main tasks of the water board
were "all matters relating to the general interest of the stakeholders in the water area". The
water board could take as an independent community, general administrative tasks on, and
thus act as a local governing board. By establishing the regional administrative bodies in
1989 through the Act on Regional Bodies, these regional bodies were responsible for the
general management of the district. Therefore, in the amended act from 2005, a new article 1
and 8 are included.
Article 1 of the amendment act 2005 states that a water board will be established, modified
and abolished by state order. With the establishment and modification a description of the
tasks and the boundary of the water area will be determined. An established water board shall
have legal personality. For each water board, the administrative rules of this institution will
be established by state order.
Furthermore article 8 states that the responsibilities of the Water Board are expected to
include all issues relating to the general interest of the stakeholders in the water area insofar
the procedures of such a subject are not pursuant to an act of Parliament to another body or a
public entity.
With abovementioned provisions there is space left for the water boards to represent also the
general interest of the stakeholders within the water area and also a division of tasks and
responsibilities between the responsible general management of regional administrative
bodies (districts commissariat) and water authorities responsible for specific administrative
tasks. Against the background of the establishment of the regional bodies and the legal
delimitation of powers, there should be no objection to the delegation in article 1 of the
amended act 2005, to the government to establish a water board.
Also the legislature considered it desirable to appoint the chairman of the water board by the
President and since 1984 by the Minister. The clear division of tasks between the regional
authorities and the water board on the other hand also justifies the further democratization of
the water boards as independent communities.
4.2 RELEVANT SUB-NATIONAL LEGISLATION
The District Council is the highest political administrative organ within a district. Articles 12
and 36 of the Act on Regional Bodies provide the District Council with the responsibility for
35
issuance of rules and household management of the district, as far as this has not been
assigned to other bodies by law. The District Council is authorized within the limits of the
law to make District Ordinances, which the Council deemed necessary in the interest of the
District. The provisions of a District Ordinance, which subjects are being regulated by a law
or State Decree are legally invalid.
Article 37 stipulates that, without prejudice to the law, Districts Ordinances can regulate:
a. Maintenance of works intended for public service;
b. Preservation and maintenance of places intended for public use.
By Districts Ordinance, special tasks regarding management of the Ressort, will be left to the
Ressort Council. Other subjects which need to be regulated by Districts Ordinance will be
stated by State Order (Staatsbesluit).
The District Administration (districtsbestuur), headed by a District Commissioner is
responsible for the daily management of the district. The District Administration is
authorized to issue District Decisions (districtsbesluit), to implement provisions of a District
Ordinance or to regulate a subject regarding the District, which is not extensively regulated
by virtue of the law, as far as this authority is not a responsibility of the District Council or
other body. These District Decisions should not be contradictory to any other legal provision
or Government directive.
In accordance with article 170, the District Ordinances must be notified to the National
Assembly, the Government, the Council of State in the local District Commissioner, before
they become effective. The population of the district must be informed about the contents of
the District Ordinances through their publication in local newspapers and in the Government
Gazette and by depositing for inspection at the office of the District commissioner. Everyone
has the opportunity to submit their objections at the National Assembly.
It is stipulated in article 172 of the Constitution that in case the District Ordinance is in
conflict with the Constitution, Government program or law, the National Assembly can
nullify it.
The District Council has the power to commence the procedure of making the District
Ordinance effective and of promulgating it, in a manner that shall be decided by law, if the
National Assembly has notified the District Council in writing within six weeks after the
36
District Ordinance was submitted to it, that no complaints were lodged with it. Each district
has a districts administration entrusted with the daily administration39
.
In accordance with the Act from march 2005, the boards of the water boards can develop
keuren and domestic regulations. After development of a keur stakeholders from the water
area get the opportunity to raise their objections to the draft. The objections are taken into
consideration by the water board and if desired included in the proposed regulation. The keur
will be send to the Minister for approval. It must also be sent by the board to the districts
counsel for their approval. The council gets upon receipt of the regulation a period of 30 days
to give its objections on the proposed regulations to the Minister. Keurs need to be approved
by the Minister and be published in the advertising paper of the Republic of Suriname. After
the publication, the water board shall as soon as possible display the keur on one or more
places within his district. Keuren enter into force 30 days after the date of publication in the
Advertising paper of the Republic of Suriname.
4.3 RELEVANT JUDICIAL DECISIONS
As already mentioned in paragraph 3.6 no information has been found on existing judicial
decisions related to water management. The search for relevant judgments is further impeded
by the lack of written out and not properly stored decisions with the court’s clerk office for
easy reference
4.4 REMARKS
The Act on Regional Bodies regulates the organization of local government. The power and
operating procedures of the representative bodies (District and Ressort Councils) and
administrative organs are regulated, as well as the procedure for the realization of local
regulations (districtsverordeningen) and planning.
The legal basis for decentralization of administration and legislation is found in Articles 159
of the Constitution. On the basis of article 169, the regulation and administration of the
domestic affairs of the district is left to the District Council. The District Council has the
39
Paranam Industrial & Commercial Park (PICP), Legal Support – Component I , Christine Toppin-Allahar &
Nancy del Prado 10 May 2010
37
authority to prepare District Ordinances that it considers as important, within the margins of
the Constitution. It should be stated by law on which subjects the District Councils have
legislative authority.
It is determined that keuren derogate from districts orders. This makes sense, because both
ordinances constitutionally have the same rank, but they relate to each other as special
compared to general ordinances and therefore the special ordinance (keur) prefers above the
general districts ordinance.
The act from 2005 intends to separate the duties and responsibilities of the different regional
administrative bodies on the one hand and the water board. This separation is achieved by
adding to the various articles of the Act on Regional Bodies, in which the regional
administrations tasks are assigned, that these duties and powers shall be exercised insofar
they are not given by law to another public entity, in this case the water boards.
38
5 SECTORIAL PERSPECTIVES-INVENTORY AND ANALYSIS OF STANDARDS
As stated in paragraph 1.3 the country’s environmental regulatory regime is not yet fully
developed and there is no legislation dealing specifically with environmental management.
But environmental legislation is currently being developed and draft generic guidelines for
environmental and social assessment has been released (NIMOS 2005 and 2009) and specific
guidelines for Mining, Forestry and Power generation and transmission lines, 2005).
Legislation regarding environmental and natural resource management is found dispersed
between different pieces of legislation. Responsibility for the management of the
environment and natural resources resides within different government institutions while the
implementation of the EA guidelines are done under supervision of NIMOS.
5.1 ENVIRONMENTAL IMPACT ASSESSMENT
The EA Generic Guidelines provide guidelines for determining the need for an EA, the nature
and the extent of the analysis that is required. It also elaborate in the procedure to be
followed. The guideline cover aspects such as project screening, classification of projects,
scoping, public participation, structure of the EA report and the EA report review process.
During the screening stage, it will be determined whether an EA is required. Projects are
classified according to three categories, namely:
Category A (EA is mandatory),projects likely to have adverse impacts that may be
extensive, irreversible, and diverse. The extent and scale of the environmental
impacts can only be determined after thorough environmental assessment. Mitigation
measures can only be formulated after the results of the assessment are known.
Category B(Either an EA will be required or some other form of environmental
document; some environmental information is required before a decision can be
made whether or not an EA is needed), projects whose impact depends on the
sensitivity of the location, scale and predictability.
Category C(No EA) projects having no impacts or the impacts are well known,
predictable, mitigable and miniscule in scale.
As the Environmental Act is still not promulgated, the EA guidelines are applied on a
voluntary basis.
39
Examples of category A projects are40
:
Power plants (regardless of source of energy used) above 10 Mw
Large-scale Hydroelectric dam projects
Petroleum refineries
Pipelines for oil or/and gas
Metallic mining exploitation above 10,000ha
Non-metallic mining (e.g. construction materials) above 20 ha
Solid waste landfills/incinerators/plants (urban and/or industrial)
Dams for irrigation, water supply, energy supply or multiple purposes
Commercial ports and harbors
Marinas Above 100 boats
Industrial facilities – If undeveloped (processing)
Forest concession for timber harvesting Large Projects above 50,000 ha for 10-20
years
Agricultural / aquaculture projects All above 10 ha
Etc.
Examples of category B projects are:
Small-scale micro hydropower generation projects
Industrial facilities – If undeveloped (Handling and storage)
Opening of new canals and streams/ and ditches
Dredging of canals for irrigation, water supply or any other purpose (all new projects)
Etc.
The products deriving from the EA process are the environmental management- and
monitoring plans and intended to be monitored by NIMOS.
5.2 PERMITS RELEVANT TO ENVIRONMENTAL PROTECTION
One of the oldest environmental laws is the “Nuisance Act” (Hinderwet G.B 1930 no.63 z.l.g.
bij S.B. 2001 no.63). It provides for the control of industrial pollution (noise, air and waste
pollution) through permit requirements for industrial projects. The Districts commissioners
40
Environmental Assessment Guidelines Volume I :Generic. 2009. NIMOS
40
are responsible for the issuance of the permit and enforcement of this law. Advice is
requested from NIMOS, the Ministry of Public Health, the Labour Inspection and the Fire
Department.
The advice from the aforementioned institutions and departments is incorporated in the
permit requirements. It’s only the past decade that NIMOS is providing environmental
advice, and in practice, not all District Commissioners seek for advice. Depending on the
activity, NIMOS recommends to start the EA process. The Environmental management and
monitoring plans which come out of the EA process are being attached to the permit and
become part of the permit requirements. Since NIMOS has not established their own national
standards (including water quality) in most cases reference is made to international standards
like the World Bank.
It is noteworthy to mention that most of the existing permits lack environmental
requirements, especially the ones issued before NIMOS was added to the permitting process.
The State Order on Businesses and Professions (Staatsbesluit Vergunningsplichtige Bedrijven
en Beroepen S.B. 1981 no. 147 zlg. bij SB 2011 no. 64) that require a permit is a enforced by
the Ministry of Trade and Industry. This State Order gives a list of businesses and professions
for which a permit is required. On an ad hoc basis, advice from NIMOS is requested. As a
consequence thereof, environmental requirements are not included on a standard base.
Examples of the companies that require a permit are:
Spraying companies using aircraft
Manufacturer of alcoholic and / or non-alcoholic beverages
Insects - and other pest control company
Manufacturer of feed
Manufacturer of insecticides
Manufacturer of insects and herbicides
5.2.1 FISHING, AQUACULTURE, ORNAMENTAL FISH
The oldest law on protection of fish is the Police Criminal Code of 1915 (Politie Strafwet G.B
1915 no. 77 zlg S.B. 1990 no. 24). This law prohibits the catching of fish through
41
intoxication. The penalty for infringement of this rule is imprisonment of one month at a
maximum or a fine.
The Fish Stock Protection Act ( Visstand beschermingswet G.B. 1961 no. 44 zlg. S.B. 1981
No. 66.), is also one of the nature conservation laws that stems from the Colonial era but was
amended in 1981. The Act aims at protection of fish stocks in the inland waters of Suriname
(territorial sea is excluded). Fishing with a fishing pole is allowed in Suriname. For other
methods of fishing, a permit is required. For the different methods of fishing, different types
of permits are issued. For example trap and line fishing in estuaries, gill net in pans and
swamps, span net and drag fishing from the riverbank and sport fishing.
It is stated in article 4 that the Minister may prescribe regulations to protect the fish stock and
set for each fish species, the allowable amount of fish to be catched or killed during open
seasons.
Article 5 prohibits to:
Buy, exchange, receive as gift, sell, deliver or transport fish under a certain size set by
State Order;
To destroy, disrupt, take away, to buy, to sell, deliver, carry, among themselves, and
for sale or delivery to stock, of eggs or egg nests of species;
Buy, exchange, a gift to take to sell, deliver, carry, of fish during closing seasons.
The State Order on Fish Stock Protection (Visstandsbeschermings besluit G.B. 1961 no. 101,
which is an implementation regulation of the Fish stock protection Act regulates the closed
season for certain fish species. Also the minimum allowable catch size is mentioned. By
Ministerial Order can be deviated from the set closed season, when fishing seems necessary
in the interest of fish stock.
The Sea fisheries Act (Zeevisserijdecreet S.B. 1980 no. 144 zlg. S.B. 2001 no. 120) provides
regulations for registration, licensing, seaworthiness certification and other requirements for
fishing vessels. Permits are required for fishing in the fishing zone in territorial waters and
the economic zone as described in the Act on the territorial Sea. In addition article 25 of the
Act provides for issuing of regulations for the protection of fish stocks. Regulations can be
made to prohibit fishing for a certain period or on certain days, ban the use of certain
42
designated fishing methods or gears, ban catching fish below a certain minimum size, ban
catching fish on certain fishing grounds, ban catching fish above a certain maximum amount.
Since 2009, a draft Fisheries Act is prepared to combine both the Fish stock protection Act
and Sea fisheries Act and whereby fisheries management is regulated without a distinction
between inland and territorial waters. A management plan for fisheries will be the basis for
regulating fisheries. It is also stated that in the management Plan for Fisheries will also
contain recommendation from negotiations with other countries regarding transboundary fish
stocks and access to fish in the economic zone and other fisheries matters with an
international character.
The Act on the Territorial Sea and the Contiguous Economic Zone (Wet Territorial wateren
en aangrenzende economische zone S.B 1978 no. 26). This Act determines the territorial seas
and economic zone of Suriname. It is stated that the sovereignty of the Republic of Suriname
extends outside the mainland and inland over the territorial sea as well as the air space over
the territorial sea and the bed and subsoil of the territorial sea. The outer limit of the territorial
sea is indicated by a line, of which, every point of it is a distance of 12 nautical miles from
the baseline along the coast. The economic zone is the belt of sea up to 200 nautical miles
from the outer limit of the territorial sea. The country exercises sovereign rights with regards
to exploration, exploitation and the maintain and manage the living and non-living natural
resources on the seabed and into the substrate and superjacent waters. It also stated in this law
that in the economic zone, all States with due regard for international law, have freedom of
navigation, freedom of over flight, freedom to lay submarine cables and pipelines,
internationally recognized exercise rights related to shipping and communication. It is also
explicitly stated in article 6: It is prohibited to carry out activities in the economic zone
without a permit.
5.2.2 REGULATIONS ON MINING-USE OF MERCURY AND HEAVY METALS
The Mining Decree (Decreet Mijnbouw S.B. 1986 no. 28, S.B. 1997 no. 44.) is considered the
most central Act when it regards Mining. The Mining Decree governs the reconnaissance,
exploration and exploitation of all mineral resources. Article 2 of this Decree states that all
raw material in and above the ground, including the territorial sea are property of the State.
Any operations should be conducted using the best available techniques and should take the
protection of ecosystems into account. Following completion of the operations, the Decree
requires that the land is rehabilitated to the satisfaction of the Minister of Natural Resources.
43
A plan for the remediation of the land (or seabed) should be included during the application
for a mining concession. The supervision of operations and the compliance with the
provisions of this Act rests with the Minister. The Minister may appoint bodies and
individuals for effective control. The Geological Mining Service (GMD) is responsible for
enforcement of the law. It is noteworthy to mention that no specific reference is made to
protection of water resources.
The use of mercury is not explicitly prohibited by law. However, the import of mercury is
being regulated in the sense that a permit is required for the import.
One of the most important interventions of the current government in the area of management
of natural resources is the organization of the gold sector. This was necessary due to the
complex situation in this sector in the hinterland of Suriname; negative impact on income
generation from the government, environmental and health damage, lack of a sense of
security and breach of the social cohesion of communities were the issues that needed to be
controlled. In January 2011 the Committee “organization of the Gold sector” (Commissie
Ordening Goudsector) started with a number of activities and are still busy to bring order.
The overall aim is to bring illegal / informal activities and situations back to the legal sphere
and to create the following conditions:
Restoration of government authority and - control;
Government income from taxes etc. ;
Security of citizens and communities;
Efficiency in gold mining operations through sustainable extraction and production;
Environmental and health protection ( soil , forests , freshwater resources, waste , etc
) & mine rehabilitation ;
5.2.3 REGULATIONS ON HYDRO CARBONS
The Mining Decree and the Petroleum Act (Petroleumwet S.B. 1991 no. 7 zlg. bij S.B. 2001
no. 58)are the main applicable legislation with regards to petroleum activities in the country.
The Mining Decree is the lex generalis, while the Petroleum Act (lex specialis) specifically
regulates exploration and exploitation of hydrocarbons. Provisions with regards to
environmental protection are very brief. Article 6 e, states; that the petroleum activities
should be carried out in such a way, that negative impacts on the environment and natural
44
resources are prevented. In addition, Article 7, sub 2, states: “upon termination of the
petroleum activities on state land the land should return to its original condition insofar as
reasonably possible. Although this law does not contain a definition of land, it is expected
that this include surface as well as groundwater.
Like most of the aforementioned laws, also the petroleum Act has provisions to regulate
certain aspects of environmental management to subsidiary legislation. It is stated in article
28 that by State Order further rules may be laid down for:
a determining standards for petroleum and for the transport thereof.
b. the preservation of the oil and preventing unnecessary waste.
c. the protection of fisheries, shipping and other activities within or near the areas where
petroleum activities are carried out”.
However, these regulations have never been enacted.
5.2.4 RULES ON HYDROELECTRIC PLANTS AND WATERWAYS
The Government has taken the growing demand in the energy sector into account in the
Development Plan. One of the options that the Government will be consider for expansion of
power generation capacity through hydro-energy. However, the legislation in the field of
hydropower is not much.
The Act on the issuance of concessions and licenses for the use of domain land and the
construction and exploitation of public works (Wet betreffende het verlenen van concessies en
vergunningen tot het gebruik van domein en voor de aanleg en de exploitatie van werken van
openbaar nut als t.b.v. andere doeleinden, G.B. 1944 no. 129) provides rules for the granting
of concessions and licenses for the construction and exploitation of public works and others.
–It is stated in article 1, that the President can issue a concession for the use of domain land
for the construction and exploitation of public works such as works to obtain electricity and
others, after hearing the government. According to article 8, the concessions shall be granted
for a specific area (rayon) for a number of years not exceeding fifty years; in the case land
will be used from third parties, they should be heard in advance; it is a requirement that the
necessary land, also from third parties, and the use of this land is described accurate in the
concession. In case of damage of the land, the concession holder shall notify the director of
the Ministry of Public Works before commencement of the activity. After the activity the
45
land should be restored to its previous state. In accordance with article 20, the President can
issue concessions for the use of rivers, canals, etc. for special purposes and under specific
conditions. These conditions might include environmental and social requirements, as an
environmental management Act is non-existence at the moment. However, in according to
the legal hierarchy in the country, a Presidential resolution is of lower hierarchy than an Act
of Parliament.
The only lex specialis regarding hydro energy generation is the Act of 25 January 1958
regarding the authorization to conclude an agreement with the Suriname Aluminum
Company for the development of the hydropower potential of Suriname. (Wet van 25 januari
1958 houdende machtiging tot het aangaan van overeenkomsten met de Suriname Aluminium
Company inzake de ontwikkeling van het waterkrachtpotentieel van Suriname, G.B. 1958 no.
4). Article 1 gives authorization to the Government of Suriname to enter into an agreement
with the Suriname Aluminum Company on behalf of the State Suriname.
Annex I of this Act is the guarantee agreement between Suriname and Alcoa-Suralco for the
development of the hydropower potential of Suriname through the construction of
hydropower works and the production of aluminum. In this agreement under “Brokopondo
plan” is understood:
the hydropower work (WKW), including the reservoir basin, the public roads constructed
for the WKW and all land, waters, works and installations, if parties agree necessary and
useful under the Brokopondo plan;
Under hydropower work (WKW) is understood the main dam and dikes, the complete
power generation including the generation installation, the works to regulate the water
level, the transformer station, the transmission at Paranam, the roads specially constructed
for the water construction work;
The WKW shall be ready for exploitation, if the water in the reservoir basin rises till 43
meters or more above Surinamese level and if all parts of the WKW are ready for
operation;
Yearly 80.000.000 KW hour per year with a maximum of 16000 KW is reserved for
Suriname;
All generated energy by the WKW, excluded the energy reserved for Suriname, is at
Alcoa’s disposal; the Alcoa may not sell this energy to third parties;
46
If Suriname needs more energy, she may construct other works for the extra electricity
generation; these works shall be financed entirely by Suriname and may not hinder the
electricity generation by the Alcoa in the WKW;
If Suriname will construct extra power works (krachtinstallaties) the water needed for
those works should be through the improvement of the flow from the Suriname river
through higher situated basins or through the diversion of other rivers to increase the
capacity of Afobaka; in the case Suriname will make use of the transmission facilities of
the WKW she may do so under the condition that it may not hinder the distribution of
electricity from Suralco and all additional costs are for Suriname;
Article II, If during the agreement Suriname wishes to divert water from the Tapanahony
river it must:
Prove to the satisfaction of Suralco that it possesses the right to do so;
Give Suralco written notice of its intention to do so;
Grant Suralco the right in a six months period after Suriname has proven her right to the
Suralco, to participate with Suriname in a technical research/investigation to determine
whether electricity can be obtained in an “economically justifiable manner”;
Share the costs on an equal basis;
If after the research Suriname and Suralco conclude that electricity can be generated
through an “economically justifiable manner”, Suriname shall give Suralco the following
options:
o Grant to Suralco a two year option to take approximately 90% share of the
generated electricity
o Refrain from offering electricity from the Tapanahony project to third parties for a
two year period unless Suralco has notified Suriname in writing that Suralco
rejects its option.
The agreement was enacted approximately 70 years ago. It is very outdated in terms of
economic, social and environmental aspects. It is therefore necessary to review and update
legislation with regards to hydro energy. Since it is the intention of the Government of
Suriname to explore and exploit hydropower energy in the near future, and the fact that these
hydro energy projects may impact cross bordering watersheds it is important that relevant
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international conventions are taken into consideration as well as national legislation of
bordering states.
5.3 STANDARDS AND NORMS ON ENVIRONMENTAL PROTECTION
5.3.1 STANDARDS FOR NAVIGATION, PORTS, FLOATING GAS STATIONS, EXOTIC SPECIES
The Harbour Decree has one article that regulates pollution of the waters. Article 17 prohibits
discharge of waste, oil, oil-contaminated water and condemned goods into public waters. It is
also prohibited to pump oil, oil contained ballast and bilged water into the harbor water. This
article only apply to water pollution from ships or boats in the water and not land based
pollution.
The Decree on the pilotage service (Decreet op het loodswezen) only regulates the liability of
pilots and the tariffs for piloting. Article 3 states that the State or public body is not liable for
damage caused by the personnel involved in the exercise of piloting and that Pilots are only
liable for damage which they have caused by their gross negligence, to third parties in the
performance of pilotage. Although “damage” is not defined, damage to the environment
which harm third parties should be considered “damage” in the sense of article 3.
The State Order on Mining Installations (Besluit Mijnbouwinstallaties S.B 1989 no.38)
makes provisions for mining installations placed on or above the sea area. This State Order
deals with offshore mining operations and includes petroleum exploration and development.
Article 3 stipulates that all safety measures should be under taken. Furthermore, with regards
to the environment, it is stated that the discharge of gases, fluids and substances should meet
safety standards. By this State Order, it is also prohibited to throw overboard or drain
substances into the sea in concentrations that are hazardous for humans, animals and
environment. Sea environment of neighboring coastal states must not be polluted. Mining
activities must be carried out in such a way that ecosystems are not destroyed. A mining
installation that is not being used should be removed. Scientific research must also be carried
out in such a way that the environment is not being polluted. There is little to no enforcement
of this State order.
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5.3.2 STANDARDS FOR AGRICULTURE, PESTICIDES AND AGRO ECOLOGY-IRRIGATION
AND USE OF FLOODPLAIN
The Pesticides Act (Bestrijdingsmiddelenwet G.B. 1972 no 151 last amended by S.B. 2005
no. 18)provides for rules on handling and use of pesticides. The Minister of Public Works is
authorized to prescribe which pesticides are banned. This law also provides specific criteria
for pesticides that are allowed to be used. The Pesticides State Order is a regulation under the
Pesticides Act and provide rules for the sale, storage, transport and the use of pesticides and
the storage, removal, destruction of the packages and the residues of pesticides. It is
specifically mentioned in article 16 that the minister of Agriculture can prescribe by
regulation how to safely dispose pesticide containers. The disposal of used containers and
pesticides should be in such a manner that water collection areas or surface water are not
contaminated. However, this regulation is not enacted.
5.3.3 NORMS ON SANITATION AND URBANIZATION
As mentioned in previous paragraphs, it is stated in the Constitution that everyone has the
right to health and that the State shall promote general health-care by a systematic
improvement of living and working conditions and shall give guidance to the protection of
health. This is the foundation for safeguarding public health of which sanitation is an
important part.
An important Act in this regards is the Planning Act (Planwet G.B. 1973 no. 89). Currently
this Act is not being implemented, but there are some provisions very relevant for planning
and water management. One remarkable stipulation is laid down in article 3 (1): “the natural
features and resources of the territory should serve the country as far as possible, while
maintaining their sustainable character”. This is an Act dating from the colonial era, 14 years
before the Brudtland report was published.
In addition, the Planning Act also states in article 3 (1)that In general spatial conditions
should be created for maintaining a healthy environment among others by safeguarding
nature reserves and recreation space in conformity with the future population size as well as
keeping soil, air and water pure.
However, legislation on sanitation dates back to 1915 Police Criminal Code (Politiestrafwet
G.B. 1915 no. 77, z.l.g. by S.B. 1990 no. 24) and concerns the protection of water wells, pits
and ditches or water reservoirs against pollution. Thereupon, legislation was enacted to
49
prevent the public from Anchylostomiasis contamination in a time when latrines in
Paramaribo were common and closed discharge systems as well as potable water were not
available until 1933. One of the stipulations in the art 9 and 10 Anchylstomiasis
Act(Anchylostoomwet, GB. 1917 no. 80 z.l.g. bij S.B. 1980 no 116). prohibits defecating
outside latrines and bans fertilizing with human feces The Anchylostomiasis resolution
(Anchylostoombesluit G.B 1937 no.24) places the responsibility of discharging waste water of
the premises on the homeowners. Furthermore there are stipulations for inspection and
permits to empty receptacles which still apply. The Water Act of 1938 obliges owners of
buildings and houses to make use of the public water supply system. It also prohibits the
possession of water tanks and wells in the areas where the law is applicable.
The Building Act of 1956 (Bouwwet G.B. 1956 no. 50 zlg. bij S.B. 2002 no. 72) provides the
framework for the building permitting system while the implementation regulation
(Bouwbesluit G.B 1956 no. 30 zlg. bij S.B 2002 no. 93) elaborates on the building rules. The
regulation provides instructions for discharge of rainwater, sewerage and the latrines.
According to article 38 it is prohibited to build in or above water. For water supply
connection reference is made to the Water supply Act of 1938. The question is how to
comply with stipulations when it regards areas without infrastructure.
5.4 REMARKS
Since the legal base for applying the EA is still not in place, the guidelines are applied on a
voluntary basis. It is expected that within the term of the current government (before 2015),
the Environmental framework Act will be enacted. This Act will provide the establishment of
environmental standards and norms.
The “Nuisance permit” is not being issued in a consistent manner. Not all Districts
commissioners seek advice from NIMOS and in addition, no follow-up is been given by
NIMOS to regularly monitor the compliance with the management and monitoring plans.
Also the Permit issued by the Ministry of trade and industry is being issued without
environmental norms.
Fisheries laws provide a framework for protection, however the subsidiary legislation to
implement protection is not being enacted.
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The import of mercury is regulated but the use of mercury is not prohibited. The Government
is promoting environmental sound mining techniques but it is not mandatory. A lot of
mercury is also used in the illegal sphere. Enforcement of the mining laws is still very poor.
Exploitation of hydrocarbons is regulated by the Mining Decree and the Petroleum Act.
However, subsidiarity regulations to regulate environmental protection is never enacted.
There are no national standards for effluent of waste water.
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6 RELATIONSHIP BETWEEN CLIMATE CHANGE, BIODIVERSITY AND FORESTS
The interdependency of water resources with other global environmental threats is very
evident. In Suriname it is also noticeable that global threats such as climate change and other
threats driven by economic activities such as logging, mining and urbanization can have a
detrimental effect on water resource in particular
6.1 LEGAL INSTRUMENTS ON PAYMENT FOR ENVIRONMENTAL SERVICES
Suriname has a large number of protected nature and almost a negligible deforestation
(annual <0.1%) and still has over 90% (14.8 million ha) of forest. The economic value of the
forest and, in particular, of the protected nature reserves therefore must be scientifically
established.
Mechanisms that can be used for economic benefits from the reserves and coastal ecosystems
are REDD+ mechanism (Reducing Emissions from Deforestation and Forest Degradation),
PES (Payment for Environmental Services) and PPP (Public Private Partnership) .
Suriname does not possess specific legislation on payment for environmental services. Hence
the first initiatives for implementation of a REDD+ program for Suriname started in 2009.
The revised Readiness Project Proposal (RPP) has been submitted by the government this
year for approval.
In the RPP two mechanisms will be established namely a Climate Fund and a Benefit Sharing
Mechanism. REDD+ financing mechanisms and sources: management and sharing of
revenue. The Climate Fund will be set up and managed by NIMOS and the Board will consist
of representatives from a broad cross section of relevant stakeholders and institutions. The
exact composition and working procedures must be determined during the design of the
Fund. Furthermore practical guidelines for the implementation of REDD+ project
development must be developed. These guidelines will be based on lessons that can be
learned from existing payment-based incentive programs in other countries such as payments
for environmental services (PES).
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6.2 RULES OF CONSERVATION OF AQUATIC BIODIVERSITY
There are no specific rules of conservation of aquatic biodiversity. The Nature Conservation
Act is applicable to all kinds of Biodiversity. Specific regulations with regards to
management of fish stocks is already described in 5.2.1 on fishing and aquaculture.
Nearly the entire coastline of Suriname falls within the country’s protected area system. Only
a section near the eastern coast border and the highly urbanized central coastal area
surrounding Paramaribo are excluded. Four MUMA‟s (245,000 ha) and six Nature Reserves
(128,000 ha) are situated along Suriname‟s coastal zone. Each protected area is roughly
divided between terrestrial and marine systems, extending approximately 5 kilometers into
the interior and 2 kilometers into the sea. Bigi Pan, North Coronie, and North Saramacca are
on the western coast. North Commewijne – Marowijne is on the eastern coast. Bigi-Pan is a
Western Hemisphere Shorebird Reserve Network (WHSRN) site and a proposed RAMSAR
site. Coppename-Monding NR, located within North Saramacca, is an important RAMSAR
and WHSRN site. “The coastal zone is globally significant and vitally important to
international biodiversity conservation. The system of wetlands, mangroves, and mudflats are
arguably the largest and most productive on South America’s northern coast. Mangrove
forests cover nearly 250,000 ha of Suriname’s coastal zone with approximately 200,000 ha
within existing protected areas. Suriname’s extensive mangrove forests help to maintain a
productive fishery for a host of wildlife species as well as subsistence and commerce for local
communities. Mangroves are one of the globes most endangered habitats. Due to a unique
position between the Orinoco and Amazon Rivers and along the Guyanese current,
Suriname‟s coastline is highly dynamic with cyclical accretion and erosion. At any time, the
formation of mud banks along the coast may vary in length from 30 up to 50 km. The
interaction of mangroves, mudflats, fresh and salt water leads to a highly productive
ecosystem. Coastal wetland ecosystems play an important role in maintaining shoreline
stability and preserving biodiversity. The coastal system is a globally critical refuge for
millions of migratory bird species that visit Suriname each year. At certain times, half of the
migratory shorebird individuals recorded in all South America may be found along the
western coast of Suriname. The coast of Suriname is very important for global climate
change, both in terms of mitigation and adaptation. Healthy coastal zones, including
mangroves and wetlands, reduce the impacts of climate change by protecting inland areas,
stabilizing coastal zones against erosion and storm events, and creating a barrier against salt-
53
water incursion. These areas also have a very high capacity for carbon sequestration with one
hectare of mangroves capable of sequestering up to 1.5 metric tons of carbon per year.
Conversely, disturbed mangroves and coastal wetlands release very high levels of carbon
stored in associated sediments”41
A Coastal Zone Management Act have been drafted, but it is uncertain if and when it will be
enacted.
6.3 PROVISIONS OF THE PROTECTION OF RIVER BANKS
The main legal provision for protection of river banks and wetlands is the Ministerial order
“Guidelines for land issuance in the estuarine management areas (Richtlijnen Gronduitgifte
Estuariene Beheersgebieden S.B. 2005 no. 16). This Ministerial order provides guidelines for
the issuance and use of domain land within the estuarine zone. The considerations for setting
the guidelines are to maintain the natural functions of the estuarine zones, such as coastal and
shore protection function, hydrological function, and biological function, i.e. spawning and
nursery area for fish, shrimp and birds.
Article 4 sets requirements for the issuance of domain land in the estuarine management area
namely:
1) a strip of 500 meters on both sides of the rivers and a stroke of 200 meters on both
sides of creeks is reserved for protection forest or conversion forest;
2) it is prohibited to tap water from the estuarine swamps;
3) the discharge of waste water containing chemicals, pesticides is prohibited.
These guidelines are set for the Government to consider when land is being issued in the
estuarine zone.
The Forest management Act (Wet Bosbeheer S.B. 1992 no. 80) provides a framework for
forest management, exploitation, and related sector activities (e.g. primary processing and
export) to guarantee sustainable utilization of the forest bases resources.
Article 4: the forest can be classified into permanent forest, conversion forest and forest to be
preserved temporarily. Areas may be designated as permanent forest by State order and a
distinction can be made in permanent production forest, protected forest and specially
protected forest (article 5).
41
Project Document “Suriname Coastal Protected Area Management”, UNDP/GEF, July 2011. P.7-8
54
Through the Forest Management Act, areas may be designated as protected and special
protected forest. This provides an opportunity to designate the mangrove forests along the
coast and riverbanks as protected forest.
6.4 REMARKS
Payment for Ecosystem services is a fairly new concept in Suriname and up to now, there is
no legislation enacted to regulate this. Rules for conservation of aquatic biodiversity are
embedded in the nature conservation Act and the Game Act which are applicable to all kinds
of biodiversity and not specifically aiming at protecting aquatic resources. The fish stock
protection act and the Sea fisheries Act are regulating protection of fish species.
The wetlands in the coastal zone of Suriname are of global biological importance and are
under threat due to economic activities. For this reason they have received the status of
multiple use management area and will be managed as such. Management plans have been
drafted for these areas but have not be legally enacted.
There are opportunities for legal protection of riverbanks, but these have not been used up to
now.
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CONCLUDING REMARKS
The institutional framework for water management is fragmented which results in
overlap and duplication of efforts, but also grey areas where no institutions have
responsibilities. There is a lack of coordination and harmonization.
Water management has too much of a centralized character. It appears that too many
responsibilities lie with the national government, which is not a stimulus to local
authorities to perform. This will also form a barrier to perform integrated water
management on the “catchment level”.
The government maintains outdated water tariffs. Lack of finances also leads to
improper water management.
The legislation is outdated and fragmented. In most cases, subsidiary legislation have
not been enacted and standards are lacking.
Most of the legislation in force is aimed at protection of water for public health and
not as such for protection of natural ecosystems.
A number of laws which could support water management have been drafted the past
decade, but it is uncertain if and when these will be enacted by Parliament. These
regards the Environmental Management Act, Water Acts, Coastal Zone Management
Act, Waste management Act, Water quality Act, Act on groundwater extraction and
Act on protection of groundwater areas.
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REFERENCES
- Toetsing van de wet aan de Grondwet. Constitutionele Rechtspraak in Suriname. (Judicial
Review of Constitutionality. Constitutional Justice in Suriname).Hans Lim A Po(jr.), 1990. ’s
Gravenhage. Doctoral thesis Leiden University, The Netherlands.
- Judicial Review and Deliberation Process: Legitimacy, transparency and legal certainty in the
decisions of supreme courts.Gilmar Ferreira Mendes. Website visited: 22 October 2013.
http://www.stf.jus.br/repositorio/cms/portalStfInternacional/portalStfDestaque_en_us/anexo/Gilm
ar_Mendes__Judicial_Review_and_Deliberation_Process.pdf
- Comparative Constitutional Law. Judicial Review. Gustavo Fernandes de Andrade .Website
visited 22 October 2012.
https://www.law.upenn.edu/journals/conlaw/articles/volume3/issue3/Andrade3U.Pa.J.Const.L.97
7(2001).pdf
- Environmental Assessment Guidelines Volume I : Generic. 2009. NIMOS
- Lessons Learned for REDD+ from PES and Conservation Incentive programs. Examples from
Costa Rica, Mexico, and Ecuador.Fonafifo, Conafor and Minsitry of Environment. 2012. Pp.
164.
- Sectorial Analysis of Drinking Water Supply and Sanitation in Suriname, Paramaribo, October
1998. Inter-American Development Bank. (SU-T1045). Pp.
- Naar Geïntegreerd waterbeheer in Suriname.Nancy del Prado. January 2011. A study
commissioned by the WWF.
- An Analysis of Land Rights of the Indigenous Peoples and Maroons in Suriname.Adaptation
of Legislation in Suriname.2006 Amazon Conservation Team Suriname
- Institutional Arrangements for Integrated River Basin Management in Water Policy 5, Jaspers
F.G.W. (2003). UNESCO-IHE, Delft. The Netherlands
- Suriname Water Supply Master Plan, Final Report, prepared by GENIVAR and ILACO
Suriname N.V., July 2011
- Final National Assessment Report, Barbados Plan of Action, February 2004.
- Sectoral Analysis of Drinking Water Supply and Sanitation in Suriname, Paramaribo, October
1998
- Suriname Readiness Preparation Proposal (R-PP). Version 6 Final Draft 24 June 2013. Forest
Carbon Partnership Facilities (FCPF).
http://forestcarbonpartnership.org/sites/fcp/files/2013/june2013/REVISED_Suriname%20R-
PP%20finaldraft%2022Juni.pdf
- Development Plan 2012-2016, “Suriname in Transformation”. Government of Suriname.
Website visited on 27 October 2013. http://www.gov.sr/media/519489/ontwikkelingsplan_2012_-
_2016_suriname_in_transformatie.pdf
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- Paranam Industrial & Commercial Park (PICP), Legal Support – Component I , Christine
Toppin-Allahar & Nancy del Prado. Ministry of Planning and Development Cooperation with
financing from the Inter-Amarican Development Bank. May 2010
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Climate Change. February 2013. Ministry of Labour, Technological Development and
Environment with finance from UNDP/GEF.
