Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Syrian Arab Republic (Ratification: 1960)

The Committee notes the information provided by the Government in its last report. The Committee notes that the Government reiterates the information provided previously and once again indicates that the competent authorities are examining four draft legislative decrees to amend the texts on which the Committee has been commenting for several years. The Government states that a tripartite committee is currently working on the preparation of these draft decrees. These should take into account the observations made by the Committee of Experts and will be transmitted to the Office in due time to ensure their full conformity with the Convention. The Committee once again recalls the need to amend the following provisions.

Act No. 136 of 1958 issuing the Agricultural Labour Code

-  Section 160, which prohibits strikes in the agricultural sector, and section 262 of the same Code, which provides that any person who instigates or participates in a strike or lockout is liable to a term of imprisonment ranging from three months to one year.

Legislative Decree No. 84 of 1968 respecting workers’
organizations and the amendments thereto up to 1986,
Legislative Decree No. 250 of 1969 respecting craftworkers’
associations and Act No. 21 of 1974 respecting rural
workers’ cooperative associations

-  Section 32 of Legislative Decree No. 84 and section 6 of Legislative Decree No. 250, which prohibit unions from accepting gifts, donations and legacies without the prior agreement of the General Federation of Workers’ Unions and the approval of the Ministry;

-  section 35 of Legislative Decree No. 84, which confers on the Ministry broad powers of intervention over trade union finances at every level;

-  section 36 of Legislative Decree No. 84 and section 12 of Legislative Decree No. 250, which require that first-level trade unions allocate a certain percentage of their resources to higher level trade unions;

-  section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, which confers on the Minister the authority to determine the methods for the use of trade union funds;

-  section 44(b)(3) and (4) of Legislative Decree No. 84, under which eligibility for trade union office is subject to the prior exercise of the occupation for at least six months and to Arab nationality;

-  section 49(c), which confers on the Federation the right to dissolve the executive committee of any trade union;

-  section 25 of Legislative Decree No. 84, as amended in 1982, which continues to subject non-Arab workers to a condition of reciprocity, thereby restricting their trade union rights;

-  section 1(4) of Act No. 29 of 1986, amending Legislative Decree No. 84, which determines the composition of the congress of the Federation and its presiding officers.

Furthermore, the Committee requests the Government to amend the following provisions, which establish trade union monopoly in breach of the Convention:

-  sections 3, 4, 5 and 7 of Legislative Decree No. 84, which organize the structure of trade unions on a single union basis;

-  sections 4, 6, 8, 13, 14 and 15 of Legislative Decree No. 30 of 1982, amending Legislative Decree No. 84 of 1968, which designate the Federation as the single central trade union organization;

-  section 2 of Legislative Decree No. 250 of 1969 and sections 26-31 of Act No. 21 of 1974 respecting rural workers’ cooperative associations, which impose a single trade union system.

Penal codes

The Committee also recalls that it has been requesting the Government for several years to repeal or amend sections 330, 332, 333 and 334 of Legislative Decree No. 148 of 1949 issuing the Penal Code, which restrict the right to strike and lockouts by imposing heavy sanctions, including imprisonment. Furthermore, the Committee recalls that it has also been requesting the Government for several years to repeal section 19 of Legislative Decree No. 37 of 1966, issuing the Economic Penal Code, which imposes forced labour on any person who causes prejudice to the general production plan decreed by the authorities by acting in a manner contrary to the plan.

The Committee once again requests the Government to review its penal legislation and to indicate in its next report any measures which have been taken or are envisaged to bring it into conformity with the principles of freedom of association.

The Committee once again hopes that the amendments proposed in the four draft decrees will be adopted and enacted rapidly and urges the Government to take all the necessary measures to bring all of its national legislation into conformity with the Convention in the near future. The Committee recalls that the technical assistance of the Office is available to the Government. It requests the Government to keep it informed in its next report of any progress achieved and to provide copies of any provisions which have been repealed or amended.

The Committee is also addressing a request directly to the Government.

[The Government is asked to report in detail in 2001.]