Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3, paragraph 2, of the Convention. Determination of types of hazardous work. Agricultural work. The Committee had previously noted that section 49 of Law No. 34 of 2000, amending the Agricultural Relations Law No. 134 of 1958, provides that heavy work shall be defined by decision of the Minister of Social Affairs and Labour. It had requested the Government to indicate whether the types of hazardous work or employment in the agricultural sector were determined in line with Article 3, paragraph 2, of the Convention. The Committee notes the Government’s information that, after having consulted the Peasant Confederation, the Ministry of Social Affairs and Labour promulgated Order No. 972 of 7 May 2006, supplied by the Government. The Committee notes with interest that section 2 of this Order specifies a list of tiring jobs in the agricultural sector in which it is prohibited to employ children. This list includes: (1) all forms of irrigation except for drip irrigation; (2) crop harvesting and cutting fodder; (3) driving agricultural machinery, operating and maintaining water pumps by diesel engines; (4) working with and sprinkling agricultural pesticides, using chemical fertilizers and pruning; (5) carrying, pulling and transporting loads; (6) cultivating soil through the use of a manual plough; and (7) dispersing seeds in an area exceeding 2,500 square metres. It is also prohibited to employ children in night work.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. 1. Agricultural work. In its previous comments, the Committee had noted that section 2 of Act No. 56 of 29 December 2004 (Regulation of Agricultural Relations) states that the minimum age to perform agricultural work is 15 years and young persons under 15 years of age are not allowed to perform night work as well as tiring tasks, which do not suit their age. The Committee had requested the Government to indicate the measures taken or envisaged to ensure that no young persons under 16 years may be authorized to perform hazardous types of work in the agricultural sector. The Committee notes that section 1 of Order No. 972 of 2006 reiterates that children under 15 years of age are not allowed to work, except in grazing and in light agricultural work. Section 2 of the same Order establishes that it is prohibited to employ children at night or in tiring jobs which are not suitable for their ages. Therefore, it seems that, under this Order, children from 15 years are allowed to perform hazardous work. In this regard, the Committee once again recalls that, by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultations with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that health, safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary measures to ensure that only children from 16 years of age are allowed to perform hazardous types of work in the agricultural sector, in conformity with Article 3, paragraph 3, of the Convention.

2. Apprenticeship and hazardous work. The Committee had previously observed that Order No. 183 of 2001, which provides for a list of industries and occupations that may not employ young persons under the age of 18, exempts from its application industrial schools and different institutes, vocational and educational training centres, provided that their statutes contain adequate systems of monitoring and protecting young persons. It had observed that, under these provisions, young persons under 15 years of age may be allowed to perform hazardous types of work during their apprenticeship. The Committee had requested the Government to indicate the measures taken or envisaged to ensure that no young person under 16 years of age may be authorized to perform types of hazardous work during apprenticeship. The Committee notes the Government’s information that the Government has not granted any permit to any public or private institute which authorizes the employment of children under 18 years to undertake dangerous work or work which jeopardizes their health. 

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee had previously noted that section 129 of the Labour Code of 1959 exempts from the application of the chapter on child labour, workers employed in family enterprises in which only members of the same family work. It had requested the Government to provide information on the position of its law and practice in respect of children working in family undertakings pursuant to section 129 of the Labour Code, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. The Committee notes the Government’s information that Order No. 60 of 2007, containing the Regulations on Labour Inspections in Agriculture, also applies to members of the employer’s family engaged in agricultural work, who have labour contracts or cultivation contracts.  

Article 7, paragraph 3. Determination of light work. Agricultural work. The Committee had previously noted that, with regard to agricultural work, section 38(2) of the Law on Agricultural Relations No. 134 of 1958, as amended by Law. No. 34 of 2000, allows children aged between 13 and 15 years to perform light tasks to be defined by the Minister of Social Affairs and Labour. The Committee had requested the Government to indicate whether the competent authority has determined the light work activities which may be undertaken by children between 13 and 15 years of age. The Committee notes with interest the Government’s information that section 1 of Order No. 972 of 7 May 2006, promulgated by the Minister of Social Affairs and Labour after having solicited the views of the Peasant Federation, specifies light tasks as the following: (1) spreading, patching and planting seeds and arboreta; (2) fruit gathering and picking; (3) manual powdering; (4) preparing, cleaning and packaging in small packets; (5) piercing tobacco; (6) providing fodder and water to animals; and (7) working in plant nurseries and gardens.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the ILO–IPEC 1999 field survey, 9.8 per cent of the total child population between 10 and 14 years were economically active. Moreover, of the total number of working children, 12 per cent were under the age of 10 and 38 per cent were between 12 and 14. It had also noted that the majority of children under 16 years who were working did so for their parents in the agricultural sector, without remuneration. The Committee notes the Government’s information that Order No. 460 of 2007, which includes the Regulations on Labour Inspection in Agriculture, empowers inspectors to monitor the application of Act No. 56 of 2004 (Regulation of Agricultural Relations) and of regulations implementing this Act (including legislation regarding the protection of child workers). According to Order No. 460 of 2007, the agricultural Labour Inspectorate is composed of a central body within the Ministry and subsidiary bodies in the governorates. Inspectors are authorized to take minutes of contraventions and refer violators to the Public Prosecutor. The Committee notes the Government’s information that Regulations on Labour Inspection in Agriculture are recent in the Syrian Arab Republic and are being applied in a good and expedited manner. Their application will contribute to removing any existing contraventions on child labour. In the framework of the application of Order No. 146 of 2007, the Committee requests the Government to provide extracts from the reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons in the agricultural sector. The Committee also asks the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children and young persons in general.