Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the general human rights situation in the country as referred to in its comments under the Abolition of Forced Labour Convention, 1957 (No. 105). It also notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3(3) of the Convention. Admission to hazardous work as from 16 years of age. Agricultural work. The Committee previously noted that section 2 of Order No. 972 (of the Ministry of Social Affairs and Labour) of 7 May 2006 specifies a list of tiring jobs in the agricultural sector in which it is prohibited to employ children. This list includes: (1) all forms of irrigation except for drip irrigation; (2) crop harvesting and cutting fodder; (3) driving agricultural machinery, operating and maintaining water pumps by diesel engines; (4) working with and sprinkling agricultural pesticides, using chemical fertilizers and pruning; (5) carrying, pulling and transporting loads; (6) cultivating soil through the use of a manual plough; and (7) dispersing seeds in an area exceeding 2,500 square metres. However, the Committee noted that, pursuant to section 1, Order No. 972 only prohibits these listed activities for children under 15 years of age. In this regard, the Committee recalled that Article 3(3) of the Convention permits the performance of hazardous work, under very specific conditions, only from the age of 16 years.

The Committee took note of the information in the Government’s report on measures it intends to take to protect children working in agriculture. The Government indicated that it aims to establish a centre in 2011 for the rehabilitation of children in the agricultural region of the governorate of Dayr az-Zawr, through the National Programme for the Elimination of the Worst Forms of Child Labour.

Nonetheless, the Committee observed that the authorized age to perform hazardous work in the agriculture sector remains at 15 years of age, pursuant to Order No. 972. In this regard, the Committee once again recalled 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 no child under the age of 16 is permitted to engage in hazardous work in the agricultural sector. In this regard, the Committee requests the Government to take the necessary measures to amend Order No. 972 to prohibit hazardous types of agricultural activities to all children under 16 years of age.

Part V of the report form. Application of the Convention in practice. The Committee noted the information in the Government’s report that, in collaboration with the ILO and UNICEF, it has undertaken an analytical study on the situation of child labour in the country. The Government indicated that a database is being developed, and measures are being taken to monitor the cases identified. The Committee also noted the statistical information from the 2006 “Multiple Indicator Cluster Survey 3 of the Syrian Arab Republic” that 5.4 per cent of all children between the ages of 5 and 14 are engaged in economic activity. This survey indicates that boys are much more likely than girls to engage in economic activity under the minimum age, with 10.3 per cent of boys aged 12 years, 14.9 per cent of boys aged 13 years and 22.9 per cent of boys aged 14 years engaged in economic activity. This survey further indicates that boys between the age of 5 and 14 who engage only in economic activity (and do not attend school) work an average of 30.8 hours per week. Moreover, the Committee noted the statement by the UNICEF country representative of 7 November 2010 that child labour is a serious issue in Syria (in a document available from the Integrated Regional Information Networks operated by the UN Office for the Coordination of Humanitarian Affairs). The Committee must express its concern over the number and situation of children under the minimum age of 15 years who are engaged in economic activity and it urges the Government to strengthen its efforts to improve the situation. The Committee also requests the Government to provide information from the analytical study on child labour in the Syrian Arab Republic, once it is available, including up-to-date statistical information on the number of children and young persons who are engaged in economic activity.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.