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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Syrian Arab Republic (Ratification: 1960)

The Committee notes the Government’s indication that the Syrian Arab Republic is undergoing a period of political, legal and administrative transition and has initiated a comprehensive review of its labour laws. The Committee welcomes the Government’s commitment to the ILO Constitution and international labour standards. With reference to its comments on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and in continuation of its previous observations, the Committee raises the following points, that it trusts the Government will address so as to ensure full conformity with the Convention.

The Committee previously noted the Government’s response to the allegations of the use of police and paramilitary force in protests leading to deaths and arrests of human rights activists and emphasized the interdependence between civil liberties and trade union rights and the importance of ensuring that trade unions can exercise their rights in a climate free from violence, pressure and threats. The Committee notes the Government’s indication that the Constitution of 2012 having been adopted under the former regime, has been repealed. The Committee notes the Government’s indication that Decree-Law No. 54 of 2011 on the Regulation of the Right to Peaceful Protest was issued to regulate the right in accordance with international standards, on the condition that the exercise of the right does not impede the regular and continuous operation of public facilities. The Government indicates, however, that the Decree was often violated. Reiterating that civil liberties and trade union rights are interdependent and that a free and independent trade union movement can develop only in a climate free from violence and threats, the Committee urges the Government to ensure respect for this principle.

Article 2 of the Convention. Scope of application. The Committee previously requested the Government to indicate specific legislative provisions protecting the rights enshrined in the Convention for independent workers, civil servants, agricultural workers, domestic workers and similar categories. The Committee notes that the Government reiterates that section 5(b) of Labour Act No. 17 of 2010 provides that these categories of workers who are exempt from the provisions of the Labour Act are subject to the provisions of their employment contracts, which may not, under any circumstances, prescribe fewer entitlements than those prescribed in the Labour Act. Reiterating that the right to organize of these categories of workers who are excluded from the general legislative provisions covering their labour rights must be explicitly protected in law, the Committee once again requests the Government to take measures, in consultation with the social partners, to adopt necessary legislative provisions to ensure that the rights provided for in the Convention are adequately enjoyed by such categories of workers.

Trade union monopoly. For several years, the Committee has been referring to the need to amend or repeal legislative provisions which establish a 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 notes that according to the Government, trade union pluralism and the absence of trade union unity in various states have weakened trade unions and negatively affected workers’ rights. The Committee further notes the Government’s indication that workers have independently affirmed their position on this issue via declarations at trade union conferences, namely the right to uphold the unity of trade union organizations through the General Federation of Trade Unions in Syria (GFTU). The Committee once again recalls that while it is generally to the advantage of workers and employers to avoid a proliferation of competing organizations, the right of workers to be able to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that trade union diversity must remain possible in all cases and workers should be free to change trade unions or establish new unions for reasons of independence, effectiveness or ideological choice (2012 General Survey on the fundamental Conventions, para. 92). The Committee reiterates its request to the Government to take all necessary measures to review and amend the national legislation allowing trade union monopoly so as to bring it in line with the Convention.

Article 3. Financial administration of organizations. In its previous comments, the Committee expected the Government to revise 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 notes the Government’s indication that under Legislative Decree No. 84, trade unions enjoy financial independence and that a committee elected by a trade union’s congress shall monitor and inspect all its funds and that trade unions can invest their funds in accordance with the terms and conditions determined by a decision issued by the Minister upon approval of the GFTU. The Committee recalls that the autonomy and financial independence and the protection of the assets and property of organizations are essential elements of the right of organizations to organize their administration in full freedom and that any legislative provisions drafted in this regard should only establish an overall framework within which the greatest possible autonomy is left to organizations for their functioning and administration. Giving authorities powers of control beyond supervision of the obligation of organizations to submit their annual financial reports or verification of acts due to the existence of serious grounds of breach of the law or verification upon a complaint being raised by a significant number of workers, would be incompatible with the Convention (2012 General Survey, paras 108–109). The Committee expects the Government to undertake, as soon as possible, the revision of section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, in full consultation with the social partners. It also requests the Government to provide information on the measures taken or envisaged in this regard.

Right of organizations to elect their representatives in full freedom. The Committee also expected the Government to repeal or amend section 1(4) of Act No. 29 of 1986, amending Legislative Decree No. 84, which determines the composition of the GFTU Congress and its presiding officers. The Committee has stated on multiple occasions that it should be up to trade union constitutions and rules to establish the composition and presiding officers of trade union congresses. The Committee notes the Government’s indication that Legislative Decree No. 84 does not contain provisions restricting the right of organizations in electing their representatives and that the GFTU has demonstrated the independence of trade union activity by re-electing representatives through general councils. The Committee nevertheless expects the Government to bring its legislation into conformity with the Convention by amending or repealing section 1(4) of Act No. 29 of 1986 amending Legislative Decree No. 84 and to indicate all measures taken or envisaged in this respect.

Right of organizations to formulate their programmes and organize their activities. The Committee previously requested the Government to provide information on amendments made 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). It observed that no reference was made to the right to strike in the chapter on collective labour disputes in the Labour Act. Welcoming the Government’s indication that it is taking the necessary measures to enhance the optimal implementation of the Convention, the Committee urges the Government to take all necessary measures to amend the Penal Code to bring it in line with the Convention and to provide information on the progress made in this regard.