Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 29) sur le travail forcé, 1930 - République arabe syrienne (Ratification: 1960)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. 
1. Freedom of persons in the service of the State to leave their employment. For many years, the Committee has been referring 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 for leaving or interrupting work as a member of the staff of any public administration, establishment or body, or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave.

The Committee has noted the Government’s repeated indications in its reports that, in practice, a worker’s right to submit a request for resignation at any time is fully respected, and the competent authority is bound to accept the resignation, provided the continuity of the service is ensured. 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 Government indicates in its latest report that the draft new Penal Code is still under discussion and that its adoption must go through a number of phases. The Committee trusts that the new Penal Code will be adopted in the near future and that legislation will be brought into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the new Penal Code, as soon as it is adopted.

2. 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 recalled that while the punishment of gambling or the abuse of intoxicating liquor is outside the scope of the Convention, the possibility to impose penalties for mere refusal to work is contrary to the Convention.

The Committee previously noted the Government’s indication in its earlier report that the proposed amendments to the Penal Code would accommodate the Committee’s request. However, the Government’s latest report does not contain any new information to that effect, but the Government states that the punishment of idleness is aiming at preventing begging and vagrancy, with a view to assisting the persons concerned to find decent employment. The Committee refers in this connection to the explanations in paragraph 88 of its 2007 General Survey on the eradication of forced labour, where it 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 therefore reiterates the firm hope 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 compulsion to work, e.g. by limiting the scope of the provisions of section 597 to persons engaging in illegal activities, so as to bring legislation and practice into conformity with the Convention.

Article 2, paragraph 2(d). Work or services exacted in cases of emergency. In comments it has been making since 1964, the Committee has been referring to certain provisions of Decree No. 133 of 1952, under which compulsory labour could be exacted from the population in circumstances that go beyond the exception authorized by the Convention. The Committee referred, in particular, to the provisions of Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.).

The Committee has noted the Government’s repeated indication in its reports that Legislative Decree No. 15 of 11 May 1971, concerning local administration, under which certain kinds of work or services (national defence work, social services, road work) may be exacted in the event of war, emergencies or natural disasters, has repealed sections 27 and 28 of Decree No. 133 referred to above.

The Committee again requests the Government to communicate a copy of Legislative Decree No. 15 of 11 May 1971 concerning local administration, which, according to the report, has been already sent to the ILO, but has not been received.