Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the Government’s comments, made in response to a communication by the International Confederation of Free Trade Unions (ICFTU).

Trade union monopoly. The Committee notes the comments of the ICFTU to the effect that independent trade unions are outlawed. All workers’ organizations must be affiliated with the country’s sole official trade union federation, the General Federation of Trade Unions (GFTU), which is strictly controlled by the ruling Ba’ath party and controls most aspects of union activity, determines which sectors or areas of activity can have a union or a federation, and has the power to disband the executive committee of any union. The Committee takes note of the Government’s response according to which this issue has been addressed by the adoption of Legislative Decree No. 25 of 2000 which specifies that a trade union shall operate in accordance with the provisions of its internal statutes and thereby excludes any intervention on behalf of the authorities in trade union activities. The Committee notes that in its previous comments, it had already taken note of Legislative Decree No. 25 of 2000 which had amended a certain number of provisions upon which it had been commenting for many years, but had also indicated the need for further measures to amend, among others, the legislative provisions which established trade union monopoly, authorized the Minister to set the conditions and procedures for the use of trade union funds, and determined the composition of the GFTU Congress and its presiding officers. The Committee once again urges the Government to take all necessary steps with a view to repealing or amending the legislative provisions which:

-  establish a regime of 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 to 31 of Act No. 21 of 1974);

-  authorize the Minister to set the conditions and procedures for the use of trade union funds (section 18(a) of Legislative Decree No. 84 as amended by section 4(5) of Legislative Decree No. 30 of 1982); and

-  determine the composition of the GFTU Congress and its presiding officers (section 1(4) of Act No. 29 of 1986 amending Legislative Decree No. 84).

Nationality requirement. The Committee notes that according to the ICFTU, only workers of Arab nationality can stand for election to trade union office. The Committee notes that according to the Government, by virtue of section 25 of Legislative Decree No. 84 of 1968 and amendments made thereto, workers of a nationality other than Arab can join a trade union of skilled workers. The Committee notes that these provisions relate to trade union membership, not the right to stand for trade union office. The Committee recalls in this respect that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives in full freedom, for example migrant workers in sectors in which they account for a significant share of the workforce and considers that legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 118). Recalling that it has been commenting for many years on the need to amend legislation which subjects eligibility for trade union office to Arab nationality, the Committee once again urges the Government to take all necessary measures with a view to amending section 44(3)(b) of Legislative Decree No. 84 so as to allow at least a certain percentage of trade union officers to be foreigners, at least after a reasonable period of residence in the country.

Penal sanctions for strike action. The Committee notes that according to the ICFTU the right to strike is severely restricted by the threat of punishment, fines and jail terms of up to one year. Strikes involving more than 20 workers in certain sectors and any strike action which takes place on the public highways or in public places, or that involves the occupation of premises, are punishable by fines and prison sentences. Civil servants who disrupt the operation of public services risk losing their civil rights. Forced labour can be imposed on anyone who causes "prejudice to the general production plan". The Committee notes that according to the Government, the imposition of a penalty on strikes has been repealed by virtue of Act No. 34 of 2000. The Committee recalls that while having taken due note of Act No. 34 of 2000 in its previous comments, it also continued to express the need to amend the legislative provisions which imposed heavy prison sanctions for strike action and furthermore, imposed forced labour for actions which caused prejudice to the general production plan and which were not affected by Act No. 34. Recalling that in its 2001 observation the Committee had noted with interest the establishment by the Ministry of Justice of a committee to consider amendments to the Syrian Penal Code, the Committee requests the Government to provide information on any developments in this respect and in particular, any measures taken or envisaged to amend the legislative 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); and

-  impose forced labour on anyone causing prejudice to the general production plan decreed by the authorities, by acting in a manner contrary to the plan (section 19 of Legislative Decree No. 37 of 1966 concerning the economic Penal Code).

The Committee hopes that the Government will take all necessary measures at the earliest possible date to bring the national legislation concerning trade union monopoly, restrictions on union office for non-Arabs, and penal sanctions for exercising strike action into full conformity with Articles 2, 3 and 5 of the Convention. The Government is asked to provide information in its next report on progress made in this respect and to send copies of any amended laws. The Committee further asks the Government to indicate in its next report whether the right to organize of public servants is regulated by legislative provisions and, if so, to provide copies of them.