Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Syrian Arab Republic (Ratification: 1958)

Other comments on 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. Over 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 the participation in strikes. The Committee previously noted the Government’s indication that it endeavours to resolve the problems identified in the Committee’s comments by way of the adoption of the new Penal Code, which was going through various legal channels and phases of adoption.

The Committee expresses its deep concern regarding the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour. The Committee notes, in this regard, the statement of the President of the UN Security Council of 3 August 2011 (6598th Meeting), in which the Security Council expressed its grave concern at the deteriorating situation in the Syrian Arab Republic, condemned the widespread violations of human rights and the use of force against the peaceful protesters, and stressed that the only solution to the crisis was through a political process that addressed the legitimate concerns of the population and allowed the exercise of the freedoms of expression and assembly.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, and that sanctions involving compulsory labour are incompatible with the Convention if they enforce a prohibition of the peaceful expression of views that are critical of Government policy and the established political system, whether the prohibition is imposed by law or by an administrative decision (see General Survey of 2007 on the eradication of forced labour, paragraph 154). The Committee urges the Government to take all the necessary measures to ensure that persons who express views or an opposition to the established political, social or economic system, benefit from the protection accorded by the Convention and that in any case penal sanctions involving compulsory labour could not be imposed on them. In this connection the Committee expresses the firm hope that, a new Penal Code will be adopted without delay and that persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions referred to of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, would no longer be under an obligation to perform labour, and the legislation and practice will be brought into conformity with the Convention.