Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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 contains no reply to its previous comments. It is therefore bound to repeat its previous comments made in 2016.

Repetition

The Committee had previously noted the 2012 observations from the International Trade Union Confederation (ITUC) on the application of the Convention and, in particular, alleging that protests were violently put down throughout the year, that there were deaths and arrests as a result and that the authorities have attempted to stem protests through the increasing use of police and paramilitary force, arrests, trials and the imprisonment of political and human rights activists. The ITUC further alleged that a growing number of strikes are met with violence, injury and often killings. Noting that the Government’s report has not been received, the Committee once again requests the Government to provide its comments on these serious observations.

Article 2 of the Convention. Scope of application. The Committee previously noted that sections 1 and 5(1), (2) and (4)–(7) of Labour Act No. 17 of 2010 excluded certain workers from the scope of the law (independent workers, civil servants, agricultural workers, domestic servants and similar categories, workers in charity associations and organizations, casual workers and part-time workers whose hours of work do not exceed two hours per day). Reiterating that these workers are covered by the Convention, the Committee once again requests the Government to indicate whether the rights afforded by the Convention are provided to these workers by other legislation, and, if this is not the case, to take measures to recognize to these workers, in the legislation, the rights enshrined in the Convention.

Trade union monopoly. In its previous comments, the Committee had requested the Government to indicate the measures taken or contemplated so as to repeal or amend the legislative provisions establishing 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 26–31 of Act No. 21 of 1974). The Committee had noted the Government’s indication in this regard that the trade union movement was united, from an organizational perspective, in virtue of the decisions taken by trade unions’ confederations, and that the Constitution (article 8) recognized political pluralism. In the absence of the Government’s report, the Committee once again requests the Government to indicate the measures taken or contemplated to repeal or amend the legislative provisions which establish a regime of trade union monopoly so as to allow possible trade union diversity.

Article 3. Financial administration of organizations. In its previous comments, the Committee had requested the Government to take the necessary measures to amend section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, so as to lift the power of the Minister to set the conditions and procedures for the investment of trade union funds in financial services and industrial sectors. The Committee noted the Government’s indication in this regard that, according to the Constitution, trade unions had the right to supervise and inspect their financial resources, without any interference, through a supervision and inspection body elected directly by trade unions. In the absence of the Government’s report, the Committee once again requests the Government to take the necessary measures to amend section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, and to provide information on any measures taken or contemplated in this respect.

Right of organizations to elect their representatives in full freedom. In its previous comments, the Committee had requested the Government to take the necessary measures to repeal or amend the legislative provisions which 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). The Committee reiterates that it should be up to trade union constitutions and rules to establish the composition and presiding officers of trade union congresses; national legislation should only lay down formal requirements in this respect; and any legislative provisions going beyond such formal requirements constitute interference contrary to Article 3 of the Convention. The Committee, therefore, once again requests the Government to provide specific information on the measures taken or contemplated to repeal or amend section 1(4) of Act No. 29 of 1986, amending Legislative Decree No. 84, and to provide information on any developments in this respect.

Right of organizations to formulate their programmes and organize their activities. In its previous comments, the Committee had requested the Government to indicate the progress made with regard to the adoption of draft amendments to 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). The Committee had further observed that no reference was made to the possibility for workers to exercise their right to strike in the chapter on collective labour dispute of the Labour Act, and had noted the Government’s indication that the GFTU was working to modify the Labour Act to ensure coherence with articles of the Constitution granting workers the right to strike. In the absence of the Government’s report, the Committee once again expresses the hope that the law will be amended so as to bring it into line with the Convention and requests the Government to provide information on any developments in this regard.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

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