Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - République arabe syrienne (Ratification: 1958)

Autre commentaire sur C105

Observation

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Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for participation in strikes. For a number of years, the Committee has been referring to certain provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, under which prison sentences involving compulsory labour can be imposed as a means of political coercion or as a punishment for expressing views opposed to the established political system, and as a punishment for breaches of labour discipline and for participation in strikes. The Committee previously noted the Government’s indication that it was endeavouring to resolve the problems identified in the Committee’s comments through the adoption of the new Penal Code. The Committee expressed the firm hope that, during the process of the adoption of the Penal Code, the Government would take all the necessary measures to ensure that persons who express views or opposition to the established political, social or economic system benefit from the protection afforded by the Convention and that, in any event, penal sanctions involving compulsory prison labour cannot be imposed on them.

The Committee notes the Government’s indication that the Penal Code of the Syrian Arab Republic, which was promulgated by virtue of Legislative Decree No. 148 of 22 June 1949, specifies that persons who are guilty of political crimes shall be punished by sentences of detention instead of hard labour. Consequently, the imposition of labour on prisoners who are sentenced to a political crime is not feasible under Syrian law. Moreover, the situation on the ground shows that sentences of imprisonment with labour are not applied in practice in any of the prisons in the Syrian Arab Republic, even for those sentenced for a crime for which the penalty is hard labour. The Government adds that a draft legislative decree is currently being prepared to amend the Penal Code by deleting the following penalties (imprisonment with labour, hard labour for life and temporary hard labour).

However, the Committee notes the report of the Independent International Commission of Inquiry on the Syrian Arab Republic submitted to the United Nations Human Rights Council in February 2015 (Report of the Commission of Inquiry, 2015, paragraph 156), which indicates that journalists continue to be systematically targeted by government forces for documenting and disseminating information perceived to be supportive of the opposition or disloyal to the Government. Large numbers of journalists are still detained in Government-controlled detention centres, where they suffer disappearance and torture. An unknown number have died in detention. The Committee further notes that Resolution No. 29/16, adopted by the United Nations Human Rights Council in July 2015, strongly condemns all arbitrary detention of individuals by the Syrian authorities and demands the immediate release of all persons detained, including individuals affiliated with non-governmental organizations accredited by the Economic and Social Council, such as the Syrian Centre for Media and Freedom of Expression (A/HRC/RES/29/16, paragraph 5).

The Committee is therefore bound to express its deep concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour. While acknowledging the complexity of the situation on the ground, and the presence of armed groups and armed conflict in the country, the Committee urges the Government to take the necessary measures to ensure that no one who expresses political views or who peacefully opposes the established political, social or economic system can be sentenced to imprisonment under the terms of which compulsory labour would be imposed. The Committee trusts that the Government will take the necessary measures to bring its legislation and related practice into conformity with the Convention.