Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Noting that the Government’s latest report was submitted in 2015, the Committee welcomes the efforts made by the Government to fulfil its reporting obligations despite the complexity of the situation on the ground and the continued hostilities in certain parts of the country.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that several provisions of the Penal Code provide for sentences of imprisonment, involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949) in circumstances that may fall under Article 1(a) of the Convention, namely for: (i) insult of a foreign state (section 282); (ii) exaggerated news tending to harm the prestige of the State (section 287); (iii) participation in a political or social association of an international character without permission (section 288); and (iv) seditious assembly, and meetings liable to disturb public tranquillity (sections 335 and 336).

The Committee notes the Government’s information indicating that the Penal Code of 1949 was amended by Law No. 15 of 2022, which repealed hard labour from the list of penalties provided for in section 37 of the Penal Code, thereby removing any punishment involving forced labour. The Government also indicates that prisoners are not compelled to work in any field; rather, they may voluntarily request to undertake work consistent with their skills, both to improve their financial situation and to facilitate their reintegration into society following release.

While taking note of this information, the Committee observes that, following the amendments of the Penal Code in 2022, sections 282, 287 and 288 have been replaced by the following sections: 258 (calls aimed at undermining national identity or at inciting racial or sectarian sentiments); 286 (dissemination of false news that might endanger the public order); and 287 (dissemination of false news that harm the State’s prestige, or news that could improve the image of a hostile State to the detriment of the Syrian State). It also notes that sections 335 and 336 (seditious assembly and meetings liable to disturb public tranquillity) remain unchanged.

As regards sections 46 and 51 of the Penal Code, providing for compulsory prison labour, the Committee observes that they have been replaced by section 45 which provides that “Persons sentenced to imprisonment shall be compelled to perform work appropriate to their sex and age, whether inside or outside the prison”.

The Committee notes with regret that the 2022 amendments of the Penal Code merely reprise the provisions of the previous version of the Penal Code. The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour, thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the rights of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (2012 General Survey on the fundamental Conventions, para. 302).

The Committee requests the Government to take the necessary measures to amend sections 258, 286, 287, 335 and 336 of the Penal Code, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory prison labour) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. It also requests the Government to provide information on the application of these sections in practice and the acts that gave rise to these convictions.

The Committee is raising other matters in a request addressed directly to the Government.