Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes that the Government’s report was received on 1 December 2006 in Arabic and is being translated.

The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in communications dated 31 August 2005 and 10 August 2006 on the application of the Convention.

Referring to its previous comments, the Committee recalls that it had requested the Government:

(1)   to indicate in its next report whether the right to organize of public servants is governed by section 2 of Legislative Decree No. 84 of 1996, as amended, or by other legislative provisions and, if so, to provide copies of the relevant legislation;

(2)   to take the necessary measures to repeal or amend the following legislative provisions which:

–      establish a regime of trade union monopoly (sections 3, 4, 5 and 7 of Legislative Decree No. 84, sections 4, 6, 8, 13, 14 and 15 of Legislative Decree No. 3 amending Legislative Decree No. 84, section 2 of Legislative Decree No. 250 of 1969 and sections 26 to 31 of Act No. 21 of 1974);

–      authorize the Minister to set the conditions and procedures for the use of trade union funds (section 18(a) of Legislative Decree No. 84 as amended by section 4(5) of Legislative Decree No. 30 of 1982); and

–      determine the composition of the General Federation of Trade Unions (GFTU) Congress and its presiding officers (section 1(4) of Act No. 29 of 1986 amending Legislative Decree No. 84);

(3)   to amend section 44(3)(b) of Legislative Decree No. 84 so as to allow a certain percentage of trade union officers to be foreigners, at least after a reasonable period of residence in the country; and

(4)   to amend the legislative provisions which:

–      restrict the right to strike by imposing heavy sanctions including imprisonment (sections 330, 332, 333 and 334 of Legislative Decree No. 148 of 1949, issuing the Penal Code); and

–      impose forced labour on anyone causing prejudice to the general production plan decreed by the authorities, by acting in a manner contrary to the plan (section 19 of Legislative Decree No. 37 of 1966 concerning the economic Penal Code).

The Committee will examine the abovementioned questions at its next session with the translation of the Government’s report.