Comments adopted by the CEACR: Syrian Arab Republic

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Situations of forced labour arising from the armed conflict. Trafficking and sexual slavery. Following its previous comments, the Committee notes that according to the 2016 Report of the UN Special Rapporteur on the human rights of internally displaced persons on his mission to the Syrian Arab Republic to the Human Rights Council, credible information indicates that women and girls trapped in conflict areas under the control of the Islamic State in Iraq and the Levant (ISIL) face trafficking and sexual slavery. Some specific ethnic groups are particularly vulnerable, such as Yazidis and those from ethnic and religious communities targeted by the ISIL (A/HRC/32/35/Add.2, paragraph 65). The Committee also notes that, according to the 2017 Report of the UN Secretary-General on conflict-related sexual violence, thousands of Yazidi women and girls who were captured in Iraq in August 2014 and trafficked to the Syrian Arab Republic continue to be held in sexual slavery, while new reports have surfaced of additional women and children being forcibly transferred from Iraq to the Syrian Arab Republic since the start of military operations in Mosul (S/2017/249, paragraph 69).

The Committee notes the Government’s indication in its report that, pursuant to the Prevention of Human Trafficking Act of 2010, a Department to Combat Trafficking in Persons was established. However, since the conflict has erupted, trafficking of persons and sexual slavery have increased because of the presence of terrorist groups in the country. The Committee must express its deep concern that, after almost six years of conflict, trafficking in persons and sexual slavery are practices that are still occurring on a large scale on the ground. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee once again urges the Government to take the necessary measures to put an immediate stop to these practices which constitute a serious violation of the Convention and to guarantee that the victims are fully protected from such abusive practices. The Committee recalls that it is crucial that appropriate criminal penalties are imposed on perpetrators so that recourse to trafficking or sexual slavery does not go unpunished. The Committee urges the Government to take immediate and effective measures in this respect, and to provide information on the results achieved.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their service. The Committee previously noted that according to section 160 of Legislative Decree on military service No. 18 of 2003, the resignation of a member of the armed forces is accepted only by virtue of an order of the Commander General of the army and the other armed forces; and that the administration may refuse the resignation. It also noted that section 161 of the Decree enumerates the conditions under which a resignation is accepted, among them, once the military serviceman has completed the duration of his first contract. The Committee requested the Government to provide information on the duration of the first contract, for which a military serviceman is engaged.

The Committee takes due note of the Government’s indication in its report that following the 2013 amendments to Legislative Decree on Military Service No. 18 of 2003, the duration of the first contract has been set to a period of five years.

2. Freedom of persons in the service of the State to leave their employment. Over a number of years, the Committee has been drawing the Government’s attention to section 364 of the Penal Code (as amended by Legislative Decree No. 46 of 23 July 1974), under which a term of imprisonment from three to five years may be imposed on persons in the service of the State for leaving or interrupting work before resignation has been formally accepted by the competent authority. The Government also stated in its earlier reports that the Committee’s comments had been taken into account in the course of elaboration of the amendment to the Penal Code, in order to ensure conformity with the Convention.

The Committee notes the Government’s statement that the amendments to the Penal Code are still ongoing and will be submitted as soon as they are adopted by Parliament. The Government also indicates that a civil servant is free to submit his/her resignation in accordance with the specific legal procedures of the employment contract, provided that such a resignation does not hinder the work of the administration. Moreover, as the administration provides the civil servant with living and educational costs when it sends him/her on mission or on a scholarly grant, it expects to be reimbursed through the civil servant’s experience and knowledge which he/she acquired upon his/her return.

Referring to its 2012 General Survey on the fundamental Conventions, the Committee once again draws the Government’s attention to the fact that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention (paragraph 290). The Committee therefore reiterates its hope that the necessary measures will be taken in order to amend section 364 of the Penal Code so as to bring the legislation into conformity with the Convention.

3. Legislation on vagrancy. For a number of years, the Committee has been referring to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. The Committee pointed out that provisions concerning vagrancy and similar offences, if defined in an unduly extensive manner, are liable to become a means of compulsion to work. The Committee requested the Government to take the necessary measures, in the context of the revision of the Penal Code, with a view to clearly excluding from the legislation any possibility of compulsion to work.

The Committee notes an absence of information on this point in the Government’s report. The Committee once again trusts that the necessary measures will soon be taken, in the context of the revision of the Penal Code, with a view to clearly excluding from the legislation any possibility of indirect compulsion to work, for example, by limiting the scope of the provisions of section 597 to persons disturbing the public order, so as to bring legislation and practice into conformity with the Convention.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Legislative developments. Work of equal value. The Committee previously noted that section 75(a) of the Labour Code of 2010 provides for the principle of equal remuneration for work of equal value as enshrined in the Convention. It notes however that section 75(b) defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. The Committee points out that such a definition restricts the full application of the principle as set out in the Convention. The Committee recalls that the concept of “work for equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. This concept is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Moreover, the Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (2012 General Survey on Fundamental Conventions, paragraphs 673 and 675). In light of the above, the Committee asks the Government to take the necessary measures to amend section 75(b) of the Labour Code in order to ensure equal remuneration for men and women not only in situations in which they perform the same work, but also in situations in which they carry out work which is different but nevertheless of equal value.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1(a) of the Convention. Definition of remuneration. Noting that the Government report is silent on this point, the Committee once again asks the Government: (i) to indicate whether the definition of “wage” in section 1 of the Labour Law 2010 is intended to apply to the term “pay” as used in section 75(a) of the Labour Law; and (ii) to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. In its previous comment, the Committee requested the Government to indicate the manner in which the principle of equal remuneration for men and women for work of equal value is guaranteed for certain groups of workers excluded, by section 5(a) of the Labour Law, from the scope of protection of section 75 of the Law, such as civil servants subject to the Basic Law on State Employees (No. 50/2004); workers subject to the Agricultural Relations Law; domestic, casual and part-time workers. The Committee notes the Government’s indication that the wages of workers excluded from the Labour Law are specified in their contracts or specific text and that their rights in that regard cannot be less than the rights specified in the provisions of the Labour Law. Noting the Government statement that there are dissuasive penalties so as to protect the right to equal remuneration between national or migrant workers, the Committee recalls that the principle enshrined in the Convention concerns the right to equal remuneration for men and women for work of equal value, including migrant workers. The Committee asks the Government to provide information on the measures taken to ensure that the abovementioned groups of workers – who are excluded from the Labour Law – benefit from the principle of equal remuneration for men and women for work of equal value. It further asks the Government to provide information on any measures taken to ensure that, in the determination of their remuneration, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and requested the Government to provide relevant up-to date statistics, disaggregated by sex, showing the evolution in respect of the earnings of men and women. In the absence of any information on this point, the Committee recalls that appropriate data and statistics are essential in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures. Consequently, the Committee asks the Government to provide detailed statistics on the participation of men and women, including migrant workers, in the labour market and on their wages, disaggregated by sex, in the various economic sectors and occupations, including the public sector, and at different levels of responsibility, including management positions. It further asks the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in female-dominated industries and occupations. Please also communicate any available statistical data on the evolution of the gender wage gap.

Application in practice. Noting that in its report, the Government is silent on this point, the Committee recalls that no society is free from discrimination and constant efforts are needed to take action against it. Further, it recalls once again that, where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012 paragraph 870). In this regard, the Committee once again asks the Government to provide information on any cases of complaint on discrimination in remuneration registered in the private and public sectors, as well any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.

Repetition

Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:

• – the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);
• – the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and
• – the Penal Code: sections 331 and 334 (strikes organized by workers).

The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code. In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the above-mentioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:

• – Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquility); and
• – the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).

The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.

The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted. The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed to the established political, social or economic system benefit from the protection afforded by the Convention and that, in any event, penal sanctions involving compulsory prison labour cannot be imposed on them.

Repetition

Articles 2, 3 and 5 of the Convention. Protection of persons belonging to tribal populations (Bedouin). Collaboration of tribal representatives with the Constitutional Committee for Syria. In its previous comment, referring to the continued deterioration of the humanitarian situation in the country, the Committee noted with deep concern the escalation of attacks against the civilian population which could have an impact on the rights of tribal populations covered by the Convention. The Committee noted the efforts of the Government to establish, with the support of the United Nations, a Constitutional Committee composed of Government delegates, opposition representatives, Syrian experts and civil society, including tribal leaders and women, aimed at putting an end to the conflict in the country. It requested the Government to provide information on the manner in which representatives of Bedouin communities collaborate in searching for “a peaceful settlement of the internal crisis” and on the development of a coordinated and systematic action for the protection of their rights under the Convention. While noting the absence of information in the Government’s report on this point, the Committee notes the launch of the Constitutional Committee for Syria in September 2019, facilitated by the United Nations and composed of 45 members, including 15 representatives of civil society, and its subsequent meetings. It also notes with concern that according to the report of the Independent International Commission of Inquiry on the Syrian Arab Republic, dated 28 January 2020, all warring parties continue to ignore or deny protection, including guarantees of sustained and unhindered humanitarian assistance, to vulnerable civilians. In some areas of the country, the conditions for return of displaced persons remain largely absent and individuals often suffer on the basis of multiple aspects of their identity, including their gender, age or ethnicity (A/HRC/43/57, para. 81). According to the United Nations Food and Agriculture Organization situation report on Syria of June 2020, the destruction of agricultural infrastructure has severely affected Syrians livelihoods and food security. According to this report, as of June 2020, a total number of 9.3 million people were facing severe acute food insecurity and that an additional 1.9 million people were at risk of food insecurity. While acknowledging the complexity of the situation on the ground and the continued presence of armed groups and armed conflict in the country, the Committee hopes that the work of the Constitutional Committee for Syria will lead to the achievement of a lasting solution to the conflict and to the improvement of the living conditions of the civil population, including the tribal population (Bedouin). The Committee requests the Government to provide information on the manner in which representatives of Bedouin communities collaborate with the Constitutional Committee and how their rights are taken into account in the peace process and the development of a new Constitution for Syria. The Committee once again urges the Government to take the necessary measures to protect the life and institutions of the members of the Bedouin populations in conflict areas and to provide information in this regard.

Article 6. Improvement of the conditions of life, work and level of education. In its previous comments, the Committee noted the Government’s indication regarding the implementation of an intensive educational curriculum in schools located in areas with a settled Bedouin population, and of a self-learning curriculum in areas lacking schools with an unsettled Bedouin population. The Committee notes that the Government has not replied to its request for further information on the implementation and impact of these educational programmes. The Committee once again requests the Government to provide information on the implementation of educational programmes to benefit the Bedouin populations and of any projects aimed at the economic development of the regions inhabited by these populations, indicating the manner in which these projects have contributed to improving their lives. It requests the Government to indicate how the Bedouin population and their representatives collaborate in the design and implementation of these programmes and projects.

Repetition

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report contains limited information and does not address in full the points raised by the Committee previously.

Article 1 of the Convention. Legislation. Prohibited grounds. In its previous comment, the Committee requested the Government to clarify the meaning of the terms “belief” and “descent” mentioned in section 2 of the new Labour Law. Noting that the Government’s report is silent on this point, the Committee wishes to refer to its 2012 General Survey on the fundamental Conventions, where it recalled that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, (paragraph 853). The Committee thus firmly hopes that the Government will clarify the terms:

• (i) “descent” in section 2 of the Labour Law and whether it covers discrimination on the basis of “social origin” (including cases concerning persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population, or persons with an ethnic minority background) or “national extraction” (covering a person’s place of birth, ancestry or foreign origin); and
• (ii) “belief” in section 2 of the Labour Law.

The Committee asks the Government to provide copies of relevant court decisions illustrating the meaning of the abovementioned grounds of discrimination.

Scope of application. In its previous comment, the Committee asked the Government to identify the measures taken to ensure that categories of workers excluded from the scope of the Labour Law (such as workers subject to the Agricultural Relations Law, domestic workers and similar categories) enjoy protection against direct and indirect discrimination, as required by the Convention. The Committee notes the Government’s repeated statement in its report that, pursuant to section 5(a) and (b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. In this regard, it wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope as regards individuals or branches of activity (see General Survey of 2012 on fundamental Conventions, paragraph 733). Consequently, the Committee asks the Government to indicate how it is ensured in practice that these workers enjoy the protection of the Convention against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. Please also provide a copy of any judicial decisions taken in this regard.

Women domestic workers. Previously, the Committee urged the Government (i) to identify all the measures taken to ensure that both national and foreign domestic workers benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation; (ii) to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work; (iii) to indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force; and (iv) provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers. The Committee notes that both Decree No. 65 of 2013 (section 24) regulating the recruitment of migrant domestic workers by private employment agencies and Law No. 10 of 2014 (section 21) regulating the recruitment of national domestic workers, prohibit private recruiters and potential employers from discriminating against a domestic worker based on race, color, sex, belief, nationality, social origin, appearance and dress codes. The Committee notes that under the abovementioned legislation, protection is provided only in respect of certain grounds, and that grounds such as political opinion, national exaction, and social origin have not been covered. In this regard, the Committee wishes to point out that the seven grounds listed in the Convention represent a minimum standard on which agreement was reached by member States in 1958 and recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. Consequently, the Committee asks the Government to amend Decree No. 65 and Law No. 10 to insert additional grounds of discrimination such as political opinion, national exaction, and social origin in order to guarantee that national and foreign domestic workers are protected against discrimination in law and in practice, as required by the Convention. It also asks the Government to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, noting the impact of the conflict on the lives of women and girls, in particular women in rural areas, and women heads of households, as identified by the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43), the Committee urged the Government to take all the necessary steps to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. In the absence of relevant information in the Government’s report, the Committee wishes to underline that, in a conflict situation, the deterioration of the economy has a negative impact on the employment opportunities of both men and women and, consequently, on the enjoyment of their economic and social rights. In this regard, the Committee wishes to point out that women are affected by armed conflict in distinct ways, as they are particularly susceptible to the marginalization, poverty and suffering engendered by armed conflict, especially when they are already victims of discrimination in peacetime. Therefore, the Committee again notes the impact of the conflict on the lives of women and girls, in particular rural women, and heads of households, and again urges the Government to take proactive measures: (i) to ensure that the current conflict does not exacerbate discrimination based on gender by impeding access to economic opportunities for women affected by the conflict, in particular women heads of household and women in rural areas; and (ii) to address harassment and gender-based violence against women, which affect their rights under the Convention. The Committee again urges the Government to take all necessary steps to address the precarious situation of in particular rural women and heads of households, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their work.

Sexual harassment. In the absence of information on this point, the Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law of 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Article 2. General Observation of 2018. The Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 3(c) and 5. Restriction on women’s access to employment. In its previous comment, the Committee requested the Government to take steps to review Order No. 16 of 2010 (implementing section 120 of the Labour Law) to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection and not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs. It also requested the Government to take steps to amend section 139 of the Personal Status Act limiting the right of women guardians of children to work. The Committee notes the Government’s indication that Ministerial Order No. 16 of 2010 was repealed and Order No. 482 of 16 February of 2017 regulating the work of women was promulgated. The Committee notes that Order No. 482 contains a list of tasks prohibited for women to undertake work involving exposure to radioactive materials (section 4) preparation of metal compounds containing more than 10 per cent lead (section 4(1)); manufacturing of leather tanning and all related work (section 4(11)). In this regard, the Committee notes that, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health (see General Survey of 2012 on fundamental Conventions, paragraph 840). Noting that currently the focus is on removing risks from workplaces rather than excluding women from hazardous occupations, the Committee asks the Government to indicate measures taken or envisaged to ensure that workplaces are safer for all workers, regardless of their sex. In the absence of any information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee reiterates its request to the Government to amend section 139 of the Personal Status Act.

Social security. The Committee previously noted that section 60(a) of the Social Security Law of 1959 providing that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee noted that this provision constitute discrimination based on sex, as it reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. The Committee notes the Government’s indication that section 60(a) of the Social Security Law of 1959, became section 58 (a) after a re-ordering of the law’s sections by virtue of Law No. 28 of 2014. The Committee notes however that section 58(a) has been drafted in the same way as the previous section 60. Consequently, the Committee once again asks the Government to take the necessary measures to repeal section 58(a) of the Social Security Law of 2014 and to provide information on the progress made in this regard.

Repetition

Application of the Convention in practice. The Committee previously noted that the ongoing conflict in the Syrian Arab Republic has had an alarming impact on children. It noted that the number of children affected by armed conflict in the Syrian Arab Republic has more than doubled, going from 2.3 million to 5.5 million, and the number of children displaced inside the Syrian Arab Republic has exceeded 3 million.

The Committee takes note of the Government’s information in its report on the provisions of national legislation that give effect to the provisions of the Convention. However, the Committee notes that, according to the 2015 UNICEF report entitled “Small Hands, Heavy Burden: How the Syria Conflict is Driving More Children into the Workforce”, four and a half years into the crisis, as a result of the war, many children are involved in economic activities that are mentally, physically or socially dangerous and which limit or deny their basic right to education. The report indicates that there is no shortage of evidence that the crisis is pushing an ever-increasing number of children towards exploitation in the labour market. Some 2.7 million Syrian children are currently out of school, a figure swollen by children who are forced to work instead. Children in the Syrian Arab Republic were contributing to the family income in more than three quarters of households surveyed. According to the report, the Syria crisis has created obstacles to the enforcement of national laws and policies to protect children from child labour, one of the reasons being that there are too few labour inspectors. In addition, there is often a lack of coherence between national authorities, international agencies and civil society organizations over the role of each, leading to a failure in national mechanisms to address child labour.

The Committee notes the Government’s information in its 5th periodic report submitted to the Committee on the Rights of the Child published on 10 August 2017 (CRC/C/SYR/5, para. 203), that the Ministry of Social Affairs and Labour (MoSAL), in collaboration with the Syrian Authority for Family and Population Affairs (SAFPA) and in cooperation with other stakeholders, developed a National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA-WFCL). The Government also indicates that, in collaboration with UNICEF, the SAFPA conducted a survey on the worst forms of child labour in two industrial towns, Hassia in Homs and Haouch el Blas in Damascus.

While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee must once again express its deep concern at the situation of children in the Syrian Arab Republic who are affected by the armed conflict and driven into child labour, including its worst forms. The Committee urges the Government to take immediate and effective measures in the framework of the implementation of the NPA-WFCL to improve the situation of children in the Syrian Arab Republic and to protect and prevent them from child labour. It requests the Government to provide information on the results achieved, as well as the results of the surveys conducted in Hassia and Haouch el Blas.

Repetition

Articles 3(a) and 5 of the Convention. Sale and trafficking of children and monitoring mechanisms. In its previous comments, the Committee noted the Government’s information that the Department of Combating Trafficking in Persons established pursuant to Law No. 3 of 2010 had carried out several inspection campaigns to monitor trafficking in persons, in particular trafficking in children. According to the statistical data provided by the Government, only 21 cases relating to trafficking in children were reported from 2010 to 2014. The Committee noted, however, that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of July 2014, expressed concern that trafficking in women and girls has increased during the conflict and that they are at high risk of trafficking for purposes of sexual exploitation (CEDAW/C/SYR/CO/2, paragraph 33).

The Committee notes with regret that the Government does not provide information on this issue in its report. It notes that, according to the 2016 report of the International Centre for Migration Policy Development entitled “Targeting Vulnerabilities; The Impact of the Syrian War and Refugee Situation on Trafficking in Persons: A Study of Syria, Turkey, Lebanon, Jordan and Iraq”, while official statistics on trafficking cases identified by the authorities would suggest a minor or negligible impact of the Syrian war on trafficking in all five countries, the desk and field research conducted in the context of the study paints an entirely different picture. According to the report, while the potential trafficking cases identified through research, other than the official statistical data, have not been determined by law enforcement or state social services to be actual trafficking cases, indicators and elements of adult and child trafficking crimes have been analysed in order to shed light on the significant proportion of trafficking cases that have never come to the attention of the responsible authorities. The study reveals that worst forms of child labour, child trafficking for labour exploitation, exploitation through begging and trafficking for sexual exploitation affected children in the five countries before the war, but have now particularly increased among Syrians. The incidence of trafficking in persons and the nature and magnitude of vulnerabilities to trafficking (such as impoverishment, lack of income, lack of access to services and more) are particularly related to the sheer magnitude of the displacement of people (6.6 million people are reported to be internally displaced with the Syrian Arab Republic) and partly to the legal, policy, infrastructural, security and socio-economic contexts of the countries under study, including the Syrian Arab Republic. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for sexual and labour exploitation, and to provide information on the measures taken in this regard. The Committee also requests the Government to provide updated information on the number of cases concerning the sale of children and child trafficking that have been reported by the Department of Combating Trafficking in Persons, as well as on the investigations, prosecutions, convictions and sanctions applied relating to this worst form of child labour.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. The Committee previously noted that the Syrian Arab Republic had adopted a series of legislative reforms such as Law No. 11/2013 which criminalizes all forms of recruitment and the use of children under the age of 18 years by armed forces and armed groups. It noted, however, that numerous armed groups in the Syrian Arab Republic, including the Free Syrian Army affiliated groups (FSA), the Kurdish People Protection Units (YPG), Ahrar al-Sham, Islamic State in Iraq and Sham/the Levant (ISIS/ISIL) and other armed groups were reportedly recruiting and using children for logistics, handling ammunition, manning checkpoints and as combatants.

The Committee notes the Government’s indication in its report that armed terrorist groups recruit children and involve them in violence and exploit them sexually. The Committee notes that, according to the report of the Secretary-General on the situation of human rights in the Syrian Arab Republic of 9 June 2016 (A/70/919, paragraphs 50–52), from early 2015, UNICEF verified 46 cases of recruitment (43 boys, one girl, two unknown): 21 were attributed to ISIL, 16 to non-state armed opposition groups, five to armed groups affiliated with the Government, two (including a girl) to YPG, and two to government forces. UNICEF reported that children were increasingly recruited at younger ages (some as young as 7 years old) by non-state armed groups. Children’s participation in combat was widespread and some armed opposition groups forced children to carry out grave human rights abuses, including executions and torture, while government forces allegedly submitted children to forced labour or used them as human shields. The Secretary-General also refers to reports from the OHCHR, according to which ISIL publicly announced, on 11 December 2015, the already known existence of a children’s section among its ranks, the “Cubs of the Caliphate”. The OHCHR also received allegations that ISIL was encouraging children between 10 and 14 years of age to join, and that they were training children in military combat.

The Committee further notes that, according to the report of the Secretary-General on children and armed conflict of 20 April 2016 (2016 report of the Secretary-General on children and armed conflict, A/70/836-S/2016/360, paragraphs 148–163), a total of 362 cases of recruitment and use of children were verified (the Secretary-General indicates that the figures do not reflect the full scale of grave violations committed by all parties to the conflict), and attributed to ISIL (274), the Free Syrian Army and affiliated groups (62), Liwa’ al Tawhid (11), popular committees (five), YPG (four), Ahrar al-Sham (three), the Nusrah Front (two) and the Army of Islam (one). Of the verified cases, 56 per cent involved children under 15 years of age, which represents a significant increase compared with 2014. The Secretary-General further indicates that the massive recruitment of children by ISIL continued, and that centres in rural Aleppo, Dayr al-Zawr and rural Raqqah existed that provided military training to at least 124 boys between 10 and 15 years of age. Verification of the use of child foreign fighters increased as well, with 18 cases of children as young as 7 years of age. In addition, the recruitment and use of children as young as 9 years of age by the Free Syrian Army was also verified, as well as the recruitment of 11 Syrian refugee children from neighbouring countries by Liwa’ al-Tawhid, and the YPG continued to recruit boys and girls as young as 14 years of age for combat roles. Recruitment and use by pro-government groups was also verified, with five cases of boys being recruited by the Popular Committee of Tallkalah (Homs) to work as guards and conduct patrols. In addition, there were allegations of the use of children by government forces to man checkpoints.

The Committee must once again deeply deplore the use of children in armed conflict in the Syrian Arab Republic, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It once again recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee once again strongly urges the Government to take measures, using all available means, to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and groups. The Committee once again urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Law No. 11 of 2013. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that, with approximately 5,000 schools destroyed in the Syrian Arab Republic, the resulting sharp decline in children’s education continued to be a matter of great concern among the population. This report also indicated that more than half of Syrian school-age children, up to 2.4 million, were out of school as a consequence of the occupation, destruction and insecurity of schools.

The Committee notes that, according to the 2016 report of the Secretary-General on children and armed conflict (paragraph 157), the number of schools destroyed, partially damaged, used as shelters for internally displaced persons or rendered otherwise inaccessible has reached 6,500. The report refers to information from the Ministry of Education, according to which 571 students and 419 teachers had been killed in 2015, and from the United Nations that 69 attacks on educational facilities and personnel were verified and attributed to all fronts, which killed and maimed 174 children. The Committee further notes that, according to the report of the Special Rapporteur on the human rights of internally displaced persons on his mission to the Syrian Arab Republic of 5 April 2016 (A/HRC/32/35/Add.2, paragraphs 50–53), a further 400,000 children were at risk of dropping out of school as a direct result of conflict, violence and displacement. While basic education facilities were in place in the displacement centres visited by the Special Rapporteur, such centres, often using school buildings, offer only limited educational facilities.

According to the same report, UNICEF is working with local partners to reach some 3 million children and has implemented an informal education programme to reduce the number of children out of school. The inter-agency initiative “No Lost Generation” is a self-learning programme aimed at reaching 500,000 children who missed out on years of schooling. In areas hosting high numbers of displaced children, UNICEF is also rehabilitating 600 damaged schools and creating 300 prefabricated classrooms to accommodate 300,000 additional children. The Committee further notes that, according to UNICEF’s 2016 Annual Report on the Syrian Arab Republic, UNICEF’s interventions in education, focusing on quality, access and institutional strengthening, contributed to an increase in school enrolment from 3.24 million children (60 per cent of school-age population) to 3.66 million (68 per cent) between 2014–15 and 2015–16. These efforts also resulted in a decrease in the number of out-of-school children from 2.12 million (40 per cent) in 2014–15 to 1.75 million (32 per cent) in 2015–16.

Nevertheless, the Committee notes that, in his report, the Special Rapporteur on the human rights of internally displaced persons declares that the challenge of providing even basic education access to many internally displaced children is immense and many thousands of children are likely to remain out of education in the foreseeable future (A/HRC/32/35/Add.2, paragraph 53). The Committee is, therefore, once again bound to express its deep concern at the large number of children who are deprived of education because of the climate of insecurity prevailing in the country. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to strengthen its efforts and take effective and time-bound measures to improve the functioning of the educational system in the country and to facilitate access to free basic education for all Syrian children, especially in areas affected by armed conflict, and giving particular attention to the situation of girls. It requests the Government to provide information on concrete measures taken in this regard.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Children affected by armed conflict. The Committee previously noted that the recruitment and use of children in armed conflict in the Syrian Arab Republic had become common and that a great majority of the children recruited are trained, armed and used in combat.

The Committee notes the Government’s indication that the competent authorities in the Syrian Arab Republic seek to care for children recruited in armed conflict and to help them return to ordinary life. However, the Committee notes with deep concern that the situation in the Syrian Arab Republic has not changed and that not only are there no reports of children having been withdrawn from armed forces and groups in the 2016 report of the Secretary-General on children and armed conflict but that, according to this report, children continue to be recruited and used in armed conflict. The Committee, therefore, strongly urges the Government to take effective and time-bound measures to prevent the engagement of children in armed conflict and to rehabilitate and integrate former child combatants. It once again requests the Government to provide information on the measures taken in this regard and on the number of children rehabilitated and socially integrated.

2. Sexual slavery. The Committee previously noted that ISIS abducted hundreds of Yazidi women and girls, most of whom were sold as “war booty” or given as “concubines” to ISIS fighters, and that dozens of girls and women were transported to various locations in the Syrian Arab Republic, including Al Raqqah, Al Hasakah and Dayr az Zawr, where they were kept in sexual slavery.

The Committee notes with regret the absence of information in the Government’s report on this issue. It notes that, according to the report of the Independent International Commission of Inquiry on the Syrian Arab Republic of 15 June 2016 entitled “They came to destroy: ISIS Crimes Against the Yazidis” (A/HRC/32/CRP.2), ISIS has sought to destroy the Yazidis through such egregious human rights violations as killings, sexual slavery, enslavement, torture and mental harm. The report indicates that over 3,200 women and children are still held by ISIS. Most are in the Syrian Arab Republic where Yazidi girls continue to be sexually enslaved and Yazidi boys indoctrinated, trained and used in hostilities. The report reveals that captured Yazidi women and girls over the age of 9 years are deemed the property of ISIS and are sold in slave markets or, more recently through online auctions, to ISIS fighters. While held by ISIS fighters, these Yazidi women and girls are subjected to brutal sexual violence and regularly forced to work in their houses, in many instances forced to work as domestic servants of the fighter and his family. The Committee deeply deplores the fact that Yazidi children continue to be victims of sexual slavery and forced labour. While acknowledging the difficult situation prevailing in the country, the Committee strongly urges the Government to take effective and time-bound measures to remove Yazidi children under 18 years of age who are victims of forced labour and sexual exploitation and to ensure their rehabilitation and social integration. It once again requests the Government to provide information on specific measures taken in this regard, and the number of children removed from sexual exploitation and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Internally displaced children. The Committee previously noted that, by early 2013, there were 3 million children displaced and in need of assistance inside the Syrian Arab Republic.

The Committee notes that, according to the report of the Special Rapporteur on the human rights of internally displaced persons on his mission to the Syrian Arab Republic of 5 April 2016 (A/HRC/32/35/Add.2, paragraph 67), the extent of the conflict and displacement has had a massive impact on children, many of whom have experienced violence first-hand and/or witnessed extreme violence, including the killing of family members and/or separation from family members. The Special Rapporteur indicates that child protection concerns and issues, including child labour resulting from parents’ loss of livelihood, trafficking, sexual and gender-based violence and early and forced marriage, continue to be reported. Children have also been recruited and used by different parties to the conflict, both in combat and support roles. Observing with concern that internally displaced children are at an increased risk of being engaged in the worst forms of child labour, the Committee once again strongly urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Issues specifically concerning labour inspection in agriculture