CMNT_TITLE

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

Other comments on C105

Observation

Direct Request

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.