Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Syrian Arab Republic (Ratification: 1958)

Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for participation in strikes. Over a number of years, the Committee has been referring to certain provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, under which prison sentences involving compulsory labour can be imposed as a means of political coercion or as a punishment for expressing views opposed to the established political system, and as a punishment for breaches of labour discipline and for the participation in strikes. The Committee previously noted the Government’s indication that it is endeavouring to resolve the problems identified in the Committee’s comments by way of the adoption of the new Penal Code, which was going through various legal channels and phases of adoption.

The Committee previously noted, in this regard, the statement of the President of the UN Security Council of 3 August 2011 (6598th Meeting), in which the Security Council expressed its grave concern at the deteriorating situation in the Syrian Arab Republic, condemned the widespread violations of human rights and the use of force against peaceful protesters, and stressed that the only solution to the crisis was through a political process that addressed the legitimate concerns of the population and allowed the exercise of the freedoms of expression and assembly.

The Committee notes that, more recently, the UN Human Rights Council called on the Government to put an end to all attacks against journalists, fully respect freedom of expression in line with international obligations, allow independent and international media to operate in the Syrian Arab Republic without restrictions, harassment, intimidation or risk to life, and ensure adequate protection for journalists (A/HRC/19/L.38/Rev.1, 22 March 2012).

In the light of the above, the Committee once again expresses its deep concern regarding the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour.

The Committee recalls once again that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, and that sanctions involving compulsory labour are not in conformity with the Convention if they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system, whether the prohibition is imposed by law or by an administrative decision (see General Survey on the fundamental Conventions concerning rights at work, 2012, paragraphs 302–304 and 313–315).

The Committee urges the Government to take all the necessary measures to ensure that persons who express views or an opposition to the established political, social or economic system, benefit from the protection accorded by the Convention and that in any case penal sanctions involving compulsory labour cannot be imposed on them. In this connection, the Committee expresses the firm hope that, a new Penal Code will be adopted in the near future and that persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act will not be sentenced to imprisonment involving an obligation to work.