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

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

The Committee notes that the Government’s report has not been received.

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 participation in strikes. The Committee previously noted the Government’s indication that it was endeavouring to resolve the problems identified in the Committee’s comments by way of adoption of the new Penal Code. 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 the UN General Assembly, in its Resolution No. 67/183 adopted on 12 February 2013, expressed grave concern at the escalation of violence in the Syrian Arab Republic, in particular the continued widespread and systematic gross violations of human rights. The General Assembly strongly condemned the continued widespread and systematic gross violations of human rights and fundamental freedoms by the Syrian authorities and the government-controlled shabbiha militias, such as the persecution of protestors, human rights defenders and journalists, as well as arbitrary detention (A/RES/67/183, paragraph 1). The Committee notes that on 14 September 2013 the Human Rights Council demanded that the Syrian authorities put an immediate end to all attacks on journalists and that they ensure adequate protection, fully respect freedom of expression and allow independent and international media to operate (A/HRC/21/32, paragraph 46).

In 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 incompatible 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).

Noting with regret that the Government’s report has not been received, 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 could not be imposed on them. In this connection, the Committee expresses the firm hope that, during the process of adoption of the Penal Code, the Committee’s comments will be taken into account in order to ensure compliance with the Convention.