Observación (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes from the Government's brief report that a committee made up of representatives of the Ministry of Social Affairs and Labour, the General Federation of Workers' Unions, the General Federation of Peasants' Associations, the General Federation of Craftsmen and the Chamber of Industry has been formed to examine its comments and that the conclusions of this committee will be communicated to the ILO. The Committee recalls that the discrepancies between the national legislation and the Convention concern the following: - Legislative Decree No. 84 of 1968 concerning trade unions (section 7); - Legislative Decree No. 250 of 1969 (section 2) and Law No. 21 of 1974 concerning peasants' co-operative associations (sections 26-31) which impose a single trade union system; - section 25 of Legislative Decree No. 84 restricting the trade union rights of non-Arab foreign workers; - sections 32, 35, 36, 44, 49(c) of Legislative Decree No. 84 and sections 6 and 12 of Legislative Decree No. 250 of 1969 restricting the free administration and independence of the management of trade unions; - section 160 of the Agricultural Labour Code of 1958 prohibiting strikes in the agricultural sector 1. The single trade union system. The law provides (Legislative Decree No. 84 of 26 June 1968, Legislative Decree No. 250 of 1969 and Law No. 21 of 1974) that only one trade union can be set up for the same occupation within the same "mouhafazat" (section 3). The unions in a "mouhafazat" can only group themselves into one federation of workers in the "mouhafazat" (section 5) and all can group themselves into the General Federation of Workers of Syria (section 7). In addition, only when this Federation has taken a decision can the occupations which may constitute groups of unions and the occupational groups which may constitute unions be determined (section 4), and the General Federation has the right to dissolve the management committee of any trade union (section 49(c)) The Committee has recognised, in paragraph 136 of its General Survey on Freedom of Association and Collective Bargaining of 1983, that Article 2 of the Convention which guarantees workers the right to constitute and join organisations of their choice is not intended as an expression of support either for the idea of trade union unity or for that of trade union pluralism; pluralism, however, should remain possible in all cases. The Committee therefore asks the Government to ensure that workers wishing to form unions other than occupational associations (which they are entitled to set up) outside the established structure that is directly linked to the General Federation of Trade Unions, may do so in conformity with Article 2 2. Restrictions on the trade union rights of non-Arab foreign workers employed in the Syrian Arab Republic. Section 25 of Legislative Decree No. 84 only entitles such workers to form or join trade unions if they have been resident in Syria for one year and only if there are reciprocal rights. In the past, the Government has stated that reciprocal clauses are a matter of State sovereignty but that, in practice, every worker may belong to a union The Committee recalls that section 25 should be amended to ensure that all workers, without distinction whatsoever are entitled to join a trade union 3. The wide powers of intervention of the authorities in trade union finances. - The need for the prior consent of the General Federation of Workers' Unions and the approval of the Ministry for the acceptance of gifts, donations and legacies (section 32 of Legislative Decree No. 84). - The obligation on unions to allocate a certain percentage of their income to the higher trade union bodies (section 36 of Legislative Decree No. 84 and section 12 of Legislative Decree No. 250). - Financial supervision by the Ministry at all levels of the trade union organisation (section 35 of Legislative Decree No. 84) Referring to the requirement of prior consent, the Government stated previously that it would not be logical for a trade union to accept a gift from a person or organisation if this was not in the interests of national objectives or if there were a risk of threat to the sovereignty of the country. The Government added, with regard to the obligation to allocate a certain percentage of trade union income to higher trade union bodies, that this concerned legally financed assistance. Finally, as regards the ministerial powers of supervision of trade union finances, the Government affirmed that this law was designed merely to ensure that the accounts are properly kept and should not affect the manner in which the trade unions use their funds nor the objectives of the unions. The instructions issued by the Ministry in 1968 concern the verification of funds and financial statements and the bodies dealing with financial management The Committee took note of these explanations but stressed the need for legislation to be brought into line with Article 3 of the Convention that guarantees workers' organisations the right to organise their administration without interference by the public authorities. It recalled that supervision of union finances should not normally go beyond a requirement for the periodic submission of financial reports. On the other hand, if the administrative authority has a discretionary power to inspect the books and other documents of organisations or to carry out investigations and demand information at any time, there exists a serious risk of interference in trade union affairs. It therefore requested the Government to provide detailed information concerning the authority of the Ministry in this connection and the manner in which it is exercised 4. Necessity to spend six months in an occupation before being eligible for trade union office (section 44 of Legislative Decree No. 84). The Government stated that this provision is designed to ensure that trade union leaders are competent and trained The Committee has indicated in paragraph 158 of its General Survey that provisions of this type may prevent qualified persons, such as pensioners or full-time union officers, from carrying out union duties. It therefore requests the Government to make its legislation more flexible by admitting as candidates persons who have previously been employed in the occupation concerned and by exempting from the occupational requirement a reasonable proportion of the officers of organisations, so as to allow the candidature of persons outside the profession 5. Prohibition of strikes in the agricultural sector (section 160 of the Labour Code of 1958). The Government stated previously that a draft law had been prepared to repeal this provision In the opinion of the Committee, it is most important that legislation should not deprive agricultural trade unions of the right to strike, as this is an essential means by which they may promote and defend the occupational interests of their members The Committee trusts that the Government will examine the above conclusions and observations closely, and requests it, in its next report, to give full particulars of the measures taken or contemplated to remove the single trade union system imposed by law, grant trade union rights to all workers including foreigners, and remove excessive restrictions on the right of workers' organisations to elect their representatives freely and to organise their administration and activities without interference by the public authorities, including with regard to the exercise of the right to strike.