Equipo Nizkor - Suriname Red Cross Decree.

Decree of 22 September 1983 regulating the provision of voluntary aid to the sick and wounded in the armed forces on land and at sea, to prisoners of war and to detainees by the Surinamese Red Cross society, as well as the provision of voluntary aid to the sick and wounded and people in need of other help among the civilian population by that society.
(Red Cross Decree)

THE PRESIDENT OF THE REPUBLIC OF SURINAME,

Considering that for the imptementation of the following Geneva Conventions, i.e.

the Geneva Convention on improving the lot of the sick and wounded in the armed forces on land of 12 August 1949,
the Geneva Convention on improving the lot of the sick and wounded and shipwrecked persons in the armed forces at sea of 12 August 1949,
the Geneva Convention on improving the treatment of prisoners of war of 12 August 1949 and
the Geneva Convention on the protection of civilians in times of war of 12 August 1949, it is necessary to lay down the following;

has decided, after approval by the Council of Ministers:

CHAPTER 1
GENERAL PROVISIONS

Article 1

In this decree the following shall be understood to mean:

1. the Geneva Conventions:

a. the Geneva Convention on improving the lot of sick and wounded in the armed forces on land of 12 August 1949, ratified for the Kingdom of the Netherlands on 3 August 1954 and consequently taking effect for Suriname on 3 February 1955 (Bulletin of Treaties of the Kingdom of the Netherlands 1951 no. 72 and 1954 no. 189), in respect of which convention the declaration of observance was issued on 30 September 1976;

b. the Geneva Convention on improving the lot of the sick, wounded and shipwrecked persons of She armed forces at sea of 12 August 1949, ratified for the Kingdom of the Netherlands on 3 August 1954 and consequently taking effect for Suriname on 3 February 1955 (Bulletin of Treaties of the Kingdom of the Netherlands 1951 no. 73 and 1954 no. 190), in respect of which convention the declaration of observance was issued on 30 September 1976;

c. the Geneva Convention on the treatment of prisoners of war of 12 August 1949, ratified for the Kingdom of the Netherlands on 3 August 1954 and consequently taking effect for Suriname on 3 February 1955 (Bulletin of Treaties of the Kingdom of the Netherlands 1951 no. 74 and 1954 no. 191), in respect of which convention the declaration of observance was issued on 30 September 1976;

d. the Geneva Convention on the protection of civilians in times of war of 12 August 1949, ratified for the Kingdom of the Netherlands on 3 August 1954 and consequently taking effect for Suriname on 3 February 1955 {Bulletin of Treaties of the Kingdom of the Netherlands 1951 no. 75 and 1954 no. 192), in respect of which convention the declaration of observance was issued on 30 September 1976.

2. the President: the President of the Republic of Suriname.

3. the Minister: the Minister in charge of Public Health.

4. the Red Cross: the Surinamese Red Cross Society.

Article 2

1. The Red Cross shall be recognised as a voluntary aid organisation, providing aid to the competent authorities, particularly the medical corps of the army, in accordance with the provisions of the First Geneva Convention, and as the only national Red Cross organisation that as such may carry out activities on Surinamese territory.

2. In its relations with the competent authorities, the Red Cross shall retain its independence and in this way ensure that its conduct, whatever the circumstances, will be in accordance with the fundamental principles of the Red Cross, namely humanity, impartiality, neutrality, independence, voluntary service, unity and universality.

CHAPTER II
DUTIES OF THE RED CROSS

Article 3

1. For the whole of Suriname the Red Cross shall have as its duty:

a. in case of actual action on the part of the armed forces or part of them, including full or partial mobilisation, to give aid, under the direction of the medical corps of the army, to sick and wounded soldiers, while observing the provisions of the Geneva Conventions;

b. in the event of an armed conflict in which Suriname is involved, to have an organisation in place to send prisoners of war and other persons in the hands of a hostile power relief supplies and authorized money remittances, while observing the provisions of the Geneva Convention;

c. to operate an information department, in accordance with the provisions of the Geneva Conventions, in those cases in which Suriname is required to do so under the Conventions.

2. In so far as a proper performance of the duty referred to in paragraph 1 is not endangered by it, the Red Cross shall also have as its duty:

a. in case of disasters, war and other exceptional occurrences, to provide aid to the sick and wounded among the civilian population;

b. in so far as necessary, to provide aid to people in need of other help among the civilian population that, as a result of the exceptional occurrences just referred to, are in circumstances that necessitate the provision of aid by the Red Cross.

3. In performing the duties referred to in (b) and (c) of paragraph 1 and paragraph 2, the Red Cross shall comply with the directions given by the competent authorities.

Article 4

1. In order to perform the duties specified in article 3, the Red Cross shall make the necessary preparations in order that, in the circumstances referred to in that article, it may have at its disposal:

a. suitable emergency facilities for treating and nursing the sick and wounded and the people in need of other help with the personnel and material that go with them;

b. reliable and trained personnel needed for transporting and accompanying the sick and wounded;

c. appropriate transportation equipment for the transport of the sick and wounded on land, at sea and in the air;

d. a properly functioning organisation as referred to in article 3, paragraph 1(b);

e. a properly functioning information department as referred to in article 3, paragraph 1(c);

2. In consultation with the Board of the Red Cross, the Minister shall determine the nature and extent of the preparations referred to in the first paragraph.

Article 5

In so far as a proper performance of the duties specified in article 3 is not endangered by it, the Red Cross, to the best of its ability, shall assist in relieving distress in case of exceptional occurrences outside Suriname.

Article 6

1. In so far as a proper performance of the duties specified in article 3 is not endangered by it, the Red Cross may extend its field of activity to activities that may alleviate or possibly prevent human suffering in the broadest sense of the word, all this in close cooperation with the relevant institutions and agencies.

2. Furthermore, the Red Cross shall have as its duty to make the fundamental principles of the Red Cross and international Humanitarian Law better known among the population, especially among children and young people, to promote the ideals of peace, mutual respect and understanding among all people and peoples.

Article 7

In giving the aid referred to article 3, paragraph 2, the Red Cross shall work together with other relief organisations with due observance of the directions of the competent authority.

CHAPTER III
FINANCIAL RELATIONSHIP BETWEEN THE GOVERNMENT AND THE RED CROSS

Article 8

1. With the support of the government, the Red Cross shall establish a war fund exclusively meant for covering the cost attaching to:

a. the implementation of the duties specified in article 3, paragraph 1 (a) and (b), in case of war;

b. the provision of aid to people as referred to in article 2, paragraph 2, in so far as the aid is advisable or necessary as a result of acts of war;

2. With the support of the government, the Red Cross shall establish a disaster relief fund exclusively meant for covering the cost attaching to the implementation of the duty specified in article 3, paragraph 2, in the event of disasters and other exceptional occurrences, with the exception of the aid referred to in the preceding paragraph under b.

3. If the fund referred to in paragraph 1, or the fund established under paragraph 2, is in danger of getting exhausted, the Red Cross shall enter into timely consultation with the Minister about the continued financing of the implementation of the duties referred to in the preceding paragraphs of this article.

Article 9

1. The cost of the preparations specified by mutual agreement under article 4, paragraph 2, shali be borne by the Red Cross, unless agreed on otherwise for certain parts of these preparations.

2. The cost of the implementation of the duty referred to in article 3, paragraph 1(c), shall be borne by the government.

3. As regards the cost of other activities undertaken by the Red Cross at the request of the government, an arrangement shall be made in each individual case.

CHAPTER IV
THE RELATIONSHIP WITH THE INTERNATIONAL RED CROSS

Article 10

The Red Cross, to the best of its ability, shall contribute towards attaining the objectives of the International Red Cross in accordance with its statute.

Article 11

The Board referred to in article 12, under 2, shall represent the Red Cross, including the branches, with the International Red Cross organisations.

CHAPTER V
STRUCTURE/ORGANISATION OF THE RED CROSS

Article 12

The Red Cross shall distinguish

1. the General Meeting;

2. the Board;

3. the Executive Committee;

4. the branches.

Title 1: General Meeting

Article 13

1. The General Meeting shall consist of the members of the Board, delegates of the branches and natural persons that have joined the Red Cross by becoming members.

These members shall be distinguished into:

Ordinary members,

Members of the Red Cross Corps

The rights and obligations of these members shali be provided for in the Articles and the Rules and Regulations of the Red Cross.

2. The General Meeting shall adopt the Articles of the Red Cross, shall have the right to check supervise the actions of the Board and shall be responsible for adopting and approving the budget, as well as the accounts of the society. The annual report shall be presented to this meeting by the Board, which report shall be sent to the Minister.

3. It shall appoint and dismiss the members of the Board, with the exception of the president, and shall make a recommendation for appointing and dismissing the latter.

4. It shall meet at least once a year.

Title 2: Management

Article 14

1. The Board shall conduct the overall management of the Red Cross with due regard of the provisions of this decree and the Articles and the Rules and Regulations of the Red Cross.

2. It shall be responsible for the implementation of the resolutions of the General Meeting, for the activities entrusted to the Board under this decree, for supervising the branches and for submitting to the President the recommendations for appointing and dismissing the Chairman.

Article 15

The Board shall be made up of at least ten members. They shall be appointed and dismissed by the General Meeting, except for the president, who shall be appointed and dismissed on the recommendation of the General Meeting by the President, after having heard the Minister.

Article 16

1. The Executive Committee shall be in charge of the day-to-day management of the Red Cross.

2. The composition of the Executive Committee shall be provided for in the Articles of the Red Cross.

Article 17

The term of office of the members of the Board and of the Executive Committee and their appointment and dismissal shall be provided for in the Articles of the Red Cross.

Article 18

1. With the approval of the Board, branches may be established outside Paramaribo.

2. The branches shall have legal personality.

3. Their Articles, as well the amendments or additions to be made to them, shall require the approval of the Board. They shall not enter into force as long as that approval has not been obtained.

CHAPTER VI
EMBLEM AND DECORATIONS

Article 19

1. The Red Cross shall have for an emblem the heraldic identifying mark of the Red Cross - a red cross in a white field - in accordance with the Geneva Conventions.

2. Red Cross staff, from the moment they are employed as such by armed forces at war until the moment at which their employment with such armed forces terminates, shall be required to wear a band attached to the left arm, which band bears the distinguishing mark - red cross in a white field - and has been provided and stamped by or for the military medical service. This band and its print should be waterproof.

3. In addition, the staff should be supplied with an identification card that has been provided by the authority mentioned above and should meet the requirements set for it in the Geneva Conventions.

Article 20

Distinguishing flag

The distinguishing flag shall not be carried on medical units and facilities but with, the approval of the competent military authority.

Article 21

Decorations

1. On the recommendation of the Minister, the President may award the Medaille van het Rode Kruis (Red Cross Medal) for meritorious services within or to the Red Cross, to be laid down by decree.

2. The Board shall be entitled to award a Kruis van Verdienste or a Medaille van Verdienste for meritorious services within or to the Red Cross, likewise to be laid down by decree.

3. The cost arising from the application of paragraph 2 shall be borne by the Red Cross.

CHAPTER VII
TRANSITIONAL AND FINAL PROVISIONS

Article 22

The Red Cross shall as soon as possible take all measures that will prove to be necessary to implement the provisions of this decree.

Article 23

1. All articles, rules and other regulations of the Red Cross binding at the time of the entry into force of this decree shall remain in force in so far as and as long as they have not been replaced by others.

2. All Board and Executive Committee members in office at the time of the entry into force of this decree shall stay on until they have been replaced by others with due observance of this decree.

Article 24

1. This decree, which may be cited as the Red Cross Decree, shall be published in the Bulletin of Acts and Decrees of the Republic of Suriname.

2. It shall enter into force as from the day following that of its publication.

Done at Paramaribo, 22 September 1983

LP. RAMDAT MISIER

The Minister of Labour and Public Health,
LW. BOKSTEEN

Issued at Paramaribo, 22 September 1983

The Minister of the Interior, District Administration and Justice,
F.J. LEEFLANG

EXPLANATORY MEMORANDUM

In connection with Suriname's accession to independence, which also resulted in a independent position of the Surinamese Red Cross in respect of the Dutch Red Cross, it is advisable to regulate once again the position of the Surinamese Red Cross, which before the independence of Suriname was provided for in the Red Cross Decree laid down by governmental decree.

The proposed regulation in the present draft decree, in which the Surinamese Red Cross society is recognised as the national Red Cross organisation, largely conforms to the Red Cross Decree laid down by Royal Decree of 30 November 1956 No. 22 (Bulletin of Acts and Decrees 1957 No. 16; see also Bulletin of Acts and Decrees 1963 No. 130) and has been drawn up in consultation with and in accordance with directions from the International Committee of the Red Cross.

Like the Dutch Red Cross decree, the Surinamese Red Cross decree serves to carry out the 1949 Red Cross conventions, which were ratified by laws of 19 May 1954 in the Netherlands for the Kingdom of the Netherlands, to which Suriname belonged at the time, with due observance and application of the final provisions of those conventions and entered into force for the Kingdom of the Netherlands six months later.

In a declaration issued in Paramaribo on 30 September 1976 by the prime Minister and the Minister for General and Foreign Affairs, in accordance with the final provisions of the conventions sent to the President of the Swiss parliament, the (continued) commitment of the Republic of Suriname to the conventions referred to above was affirmed, by virtue of the signing and ratification of these conventions for Suriname by the Kingdom of the Netherlands and in accordance with international law.

Paramaribo, 22 September 1983.

The Minister of Labour and Public Health,
L.W. BOKSTEEN

22Sep1983

Red Cross Decree

-Republic of Suriname-

[Source: Bulletin of Acts and Decrees of the Republic of Suriname, No. 99, 1983.]

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