Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee takes note of the information contained in the Government's report to the effect that the committee composed of representatives of the Ministry of Social Affairs and Labour, the General Federation of Workers' Unions (FGST), the General Federation of Peasants (FGP), the General Federation of Craftsmen (FGA) and the Chamber of Industry decided to obtain the written opinion of the FGA, FGP and FGST concerning the amendment of certain provisions of Legislative Decree No. 84 of 1968 concerning trade unions, Act No. 21 of 1974 respecting peasants' associations, and Legislative Decree No. 250 of 1969 respecting craftsmen's associations, to bring them into line with the Convention. The Government adds that by 21 April 1991 only the FGST had issued an opinion on the possibility of repealing sections 25, 32, 36, 44(b)(4), 49(c) of Legislative Decree No. 84 and section 12 of Legislative Decree No. 250. The Committee regrets, however, that the report does not indicate whether the FGST supported or opposed the repeal of the sections in question.

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) which organises the structure of trade unions on a single union basis;

- Legislative Decree No. 250 of 1969 regarding craftsmen's associations (section 2) and Act No. 21 of 1974 regarding peasants' cooperative associations (sections 26 to 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, and 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 Committee recalls that, under Article 2 of the Convention, workers, without distinction whatsoever and without previous authorisation shall have the right to establish and join organisations of their own choosing. It also recalls that this Article 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 regrets that neither the above-mentioned committee nor the FGST have issued an opinion on the repeal of the provisions in the national legislation which organise the single trade union system (sections 3, 4, 5, 7 and 49(c) of Legislative Decree No. 84 of 1968, Legislative Decree No. 250 of 1969 and Act No. 21 of 1974). According to the Government, the FGST has issued an opinion on the possibility of repealing section 49(c) of Legislative Decree No. 84 concerning the right of the General Federation to dissolve the management committee of any trade union.

Accordingly, the Committee once again requests the Government to take the necessary measures in the very near future to remove from its legislation the numerous references to the single trade union federation designated in the law as the General Federation of Workers' Unions (FGST) so as to enable workers who so wish to establish trade union organisations of their own choosing outside the existing trade union structure, 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. The Committee recalls that the guarantees set out in Article 2 of the Convention should apply to all workers and employees, without distinction whatsoever, and asks the Government to amend section 25 to bring the national legislation into conformity with the Convention.

3. The broad powers of intervention of the authorities in trade union finances. The Committee regrets that the opinion of the FGST concerns only section 32 of Legislative Decree No. 84 (the need for the prior consent of the FGST and the approval of the Ministry for the acceptance of gifts, donations and legacies) and sections 36 of Legislative Decree No. 84 and 12 of Legislative Decree No. 250 (the obligation on unions to allocate a certain percentage of their income to the higher trade union bodies), and that it gave no opinion on section 35 of Legislative Decree No. 84 (financial supervision by the Ministry at all levels of the trade union organisation).

The Committee stresses the need to bring the legislation into line with Article 3 of the Convention which guarantees workers' organisations the right to organise their administration without any interference from the public authorities. The Committee has always considered that supervision of union finances should not normally go beyond a requirement for the periodic submission of financial reports, and that 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. The Committee therefore asks the Government to repeal the provisions which enable the Government to intervene in the financial administration of unions.

4. Requirement of six months in an occupation before being eligible for trade union office (section 44 of Legislative Decree No. 84). The Committee considers that provisions of this nature 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 Committee notes that, according to the Government, the draft amendment to the Act on the organisation of agricultural relations contains a provision repealing section 160 which makes it unlawful for agricultural employers and tenant farmers to suspend agricultural work on their land and for agricultural workers to go on strike.

The Committee again stresses that it is most important that legislation should not deprive trade union organisations of the right to strike, as this is one of the essential means by which they may promote and defend the occupational interests of their members.

The Committee asks the Government to indicate in its next report the measures that have been taken to bring all its legislation into conformity with the requirements of the Convention.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]