Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Syrian Arab Republic (Ratification: 2001)

Article 3, paragraph 3, of the Convention. Admission to hazardous work as from 16 years of age. Agricultural work. In its previous comments, the Committee noted that section 2 of Act No. 56 of 29 December 2004 (Regulation of Agricultural Relations) states that the minimum age to perform agricultural work is 15 years and young persons under 15 years of age are not allowed to perform night work, as well as tiring tasks which do not suit their age. The Committee also noted that that section 2 of Order No. 972 of 7 May 2006 (Order No. 972), promulgated by the Ministry of Social Affairs and Labour, states that it is prohibited to employ children under 15 years at night or in tiring jobs which are not suitable for their ages. The Committee observed that it appeared that children from 15 years are allowed to perform hazardous work, and requested the Government to take the necessary measures to ensure that only children from 16 years of age are allowed to perform hazardous types of work in the agricultural sector. Noting the absence of information on this point in the Government’s report on this subject, the Committee again recalls that, by virtue of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultations with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that health, safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee urges the Government to take the necessary measures to ensure that children under the age of 16 are prohibited from engaging in hazardous work, in conformity with Article 3(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the new regulations on labour inspection (Order No. 460 of 2007) allowed labour inspectors to monitor the application of regulations in the agricultural sector (Act No. 56 of 2004 on the Regulation of Agricultural Relations), including legislation regarding the protection of child workers. The Committee requested the Government to provide extracts from the reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons in the agricultural sector, within the framework of Order No. 460 of 2007. The Committee notes the Government’s indication that reports of the labour inspectorate on inspection visits in agriculture and statistics on the employment of children in general are annexed to its report. However, the Committee notes that no such reports were attached.

The Committee notes the statistical information on child labour from the Understanding Children’s Work database, based on the “Multiple indicator cluster survey 3, of the Syrian Arab Republic” in 2006 (UCW survey 2006), which indicates that 1.9 per cent of children aged 5–14 are engaged only in economic activity and do not attend school. The UCW survey 2006 also indicates that 2.1 per cent of children aged 12 are engaged only in economic activity, 4.7 per cent of children aged 13 are engaged only in economic activity, and 9.2 per cent of children aged 14 are engaged only in economic activity. The Committee also notes that this figure is higher among boys. The UCW survey 2006 indicates that 2.1 per cent of boys aged 5–14 in rural areas and 2.9 per cent of boys aged 5–14 in urban areas engage only in economic activity and do not attend school. This survey indicated that working children aged 5–14 who did not attend school worked approximately 28 hours a week. The Committee notes this information, and again requests the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children and young persons in general, and including a copy of the document prepared by the labour inspectorate containing statistics on the employment of children, which was not attached to the Government’s report. The Committee also requests the Government to provide extracts from other reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons in the agricultural sector, within the framework of the application of Order No. 460 of 2007.