Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that procuring children to leave the country for the purpose of engagement in acts of prostitution or debauchery constitutes an offence (sections 1–3 of the Act on Prostitution). It had noted, however, that no provisions appeared to exist in the relevant legislation which prohibits the sale and trafficking of children for labour exploitation. The Committee notes the Government’s information that the Syrian Constitution considers freedom as a sacred right of every child to be guaranteed by the State. Citizens may not be pushed away from their nation and trafficking is prohibited and punishable. Syrian laws specify a harsher penalty if the victim has not reached 18 years of age. Traffickers shall be punished for the crime of trafficking irrespective of the result, or whether it is for profit or for labour exploitation. The Committee also notes the Government’s information that it is currently preparing a comprehensive law to combat the crime of trafficking of persons. The Committee trusts that the comprehensive law to combat trafficking of persons will also prohibit the sale and trafficking of children under 18 years for purposes of sexual and labour exploitation. The Committee requests the Government to provide information on any developments made towards the adoption of the comprehensive law to combat trafficking of persons.

Article 5. Monitoring mechanisms. Ministry of Social Affairs and Labour and the labour inspectorate. The Committee had previously noted that the Ministry of Social Affairs and Labour (MSAL) issued the necessary circulars in the governorates in order to intensify inspections in agricultural, commercial and industrial undertakings. Furthermore, a project for the establishment and rehabilitation of the Agricultural and Industrial Labour Inspectorate in collaboration with the ILO Office in Beirut and with the Ministry of Labour of Jordan would be set up. The Committee notes the Government’s information that the MSAL provides employees involved in inspection with several training courses aimed at strengthening and building their scientific and practical capacities. Moreover, work is currently under way so as to strengthen the capacities of employees in agricultural and industrial labour inspection, through the Decent Work Pilot Programme, which will be carried out in cooperation with the ILO. The Committee also notes the Government’s information that the labour inspectorate monitors the provisions of the Labour Code, especially sections 124, 125 and 126 relating to the employment of children and young persons. When inspectors find that violations occur, they refer them to the competent courts. The Committee requests the Government to provide information on the impact of the Decent Work Pilot Programme on strengthening the capacity of the Agricultural and Industrial Labour Inspectorate to monitor children involved in the worst forms of child labour. It also requests the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 7, clause (d). Identify and reach out to children at special risk. Beggars and vagrant children. The Committee had previously noted that the MSAL, the Ministry of Education and a number of NGOs were in charge of developing and following up on programmes aimed at combating child begging and providing rehabilitation and social assistance to delinquent and vagrant children. The Committee notes the Government’s information that the MSAL, based on Act No. 16 of 1975, seeks to upgrade the centres for beggars and vagrants, starting with Damascus, where there is the highest population density in the country. These centres, regulated by internal regulation No. 589 of 1977, provide vagrants with clothing, accommodation, social services, psychological and health care, and other rehabilitative measures. The Committee notes the Government’s information that the MSAL currently promotes the centres for vagrants in coordination with the governorate of Aleppo. The Committee requests the Government to indicate the number of children under 18 years who have been removed from begging and rehabilitated through these centres.

Parts IV and V of the report form. Application of the Convention in practice. The Committee had previously noted that the Government encountered various difficulties in the application of the Convention, including: (a) the lack of comprehensive integrated national systems for the collection of data and statistics and their analysis; (b) the weak follow-up and monitoring mechanisms on cases of the employment of children; and (c) the lack of specialized centres (due to poor financial resources) for the protection of child victims of exploitation and for their reintegration into society. The Committee notes that the Government provides no information on any progress made in resolving the abovementioned difficulties. It requests the Government to provide information on this point in its next report.

 The Committee notes that the Government refers to the Industrial Labour Inspectorate inspection report for 2006, which indicates the infringements committed and their nature. It also notes the Government’s information that no cases of exploitation of children were reported. It requests the Government to provide a copy of the Industrial Labour Inspectorate inspection report for 2006.