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

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:
the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);
the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and
the Penal Code: sections 331 and 334 (strikes organized by workers).
The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.
The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code. In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the above-mentioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:
Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquillity); and
the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).
The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.
The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted. The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed 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 is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:
- the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);
- the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and
- the Penal Code: sections 331 and 334 (strikes organized by workers).
The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.
The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code.In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the above-mentioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:
–Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquillity); and
–the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).
The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.
The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted.The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed 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 is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:

– the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);

– the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and

– the Penal Code: sections 331 and 334 (strikes organized by workers).

The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code. In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the above-mentioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:

– Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquility); and

– the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).

The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.

The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted. The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed 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 is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:

– the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);

– the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and

– the Penal Code: sections 331 and 334 (strikes organized by workers).

The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code. In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the above-mentioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:

– Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquility); and

– the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).

The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.

The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted. The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed 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 is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:

– the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);

– the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and

– the Penal Code: sections 331 and 334 (strikes organized by workers).

The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code. In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the above-mentioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:

– Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquility); and

– the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).

The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.

The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted. The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed 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 is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(c) and (d) of the Convention. Imposition of sanctions involving compulsory labour as a means of labour discipline or as a punishment for having participated in strikes. For many years, the Committee has been referring to the following provisions under which a penalty of imprisonment (involving an obligation to perform labour) may be imposed in the circumstances which may fall into the scope of Article 1(c) and (d) of the Convention:

-the Economic Penal Code (Legislative Decree No. 37 of May 1966): sections 7, 10, 11, 13 and 22 (failure by a State employee to carry out public activities, and negligence in handling of public property);
-the Agricultural Labour Code (Act No. 134 of 1958): sections 160 and 262 (strikes organized by agricultural workers); and
-the Penal Code: sections 331 and 334 (strikes organized by workers).

The Committee has recalled in this respect that the imposition of a penalty of imprisonment involving compulsory prison labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that it has undertaken a series of legislative reforms, including the adoption of a new Penal Code. In this regard, the Committee requests the Government to indicate whether the legislative reforms have also included the abrogation of the Economic Penal Code and the Agricultural Labour Code. The Committee also requests the Government to take the necessary measures to ensure that the abovementioned provisions are brought into line with the Convention and to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour, pursuant to sections 46 and 51 of the Penal Code (Act No. 148 of 1949), may be imposed in situations covered by the Convention, namely:

-Penal Code: section 282 (insult of a foreign State); 287 (exaggerated news tending to harm the prestige of the State); 288 (participation in a political or social association of an international character without permission); and sections 335 and 336 (seditious assembly, and meetings liable to disturb public tranquility); and
-the Press Act No. 156 of 1960: sections 15, 16 and 55 (publishing a newspaper for which an authorization has not been granted by the Council of Ministers).

The Committee also previously noted that the abovementioned provisions are enforceable with sanctions of imprisonment for a term of up to one year which involves an obligation to perform labour in prison.

The Committee notes the Government’s indication in its report that the Press Act of 1960 had been repealed and replaced by the Media Act No. 108 of 2011, under which the penalty of imprisonment has been replaced by a fine. The Government also indicates that a draft Penal Code has been prepared and is in the process of being adopted. The Committee expresses the firm hope that, during the process of the adoption of the new Penal Code, the Government will take all the necessary measures to ensure that persons who express political views or views opposed 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 is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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 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 by way of adoption of the new Penal Code. The Committee noted, 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 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 noted further that, on 14 September 2013, the Human Rights Council demanded that the Syrian authorities put an immediate end to all attacks on journalists and that they ensure adequate protection of and full respect for freedom of expression, and allow independent and international media to operate (A/HRC/21/32, paragraph 46).

The Committee notes that the UN Security Council and the UN General Assembly, through a variety of resolutions, continued to condemn all violations and abuses of international human rights law and all violations of international humanitarian law committed against the civilian population. In September 2014, the General Assembly condemned all violations and abuses committed against journalists and media activists and human rights defenders, and recognized their role in documenting protests and human rights violations and abuses (A/HRC/27/L.5/Rev.1, paragraph 17). In light of the above, the Committee once again 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. Noting with regret that the Government’s report has not been received, 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 prison labour could not be imposed on them. In this connection, the Committee expresses the firm hope that, during the process of adoption of the Penal Code or any other relevant provisions, the Committee’s comments will be taken into account in order to ensure compliance with the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received.

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 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 by way of adoption of the new Penal Code. The Committee previously noted, 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 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 notes that the UN General Assembly, in its Resolution No. 67/183 adopted on 12 February 2013, expressed grave concern at the escalation of violence in the Syrian Arab Republic, in particular the continued widespread and systematic gross violations of human rights. The General Assembly strongly condemned the continued widespread and systematic gross violations of human rights and fundamental freedoms by the Syrian authorities and the government-controlled shabbiha militias, such as the persecution of protestors, human rights defenders and journalists, as well as arbitrary detention (A/RES/67/183, paragraph 1). The Committee notes that on 14 September 2013 the Human Rights Council demanded that the Syrian authorities put an immediate end to all attacks on journalists and that they ensure adequate protection, fully respect freedom of expression and allow independent and international media to operate (A/HRC/21/32, paragraph 46).

In light of the above, the Committee once again 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 recalls once again 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 on the fundamental Conventions concerning rights at work, 2012, paragraphs 302–304 and 313–315).

Noting with regret that the Government’s report has not been received, 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, during the process of adoption of the Penal Code, the Committee’s comments will be taken into account in order to ensure compliance with the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee previously noted, 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 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 notes that, more recently, the UN Human Rights Council called on the Government to put an end to all attacks against journalists, fully respect freedom of expression in line with international obligations, allow independent and international media to operate in the Syrian Arab Republic without restrictions, harassment, intimidation or risk to life, and ensure adequate protection for journalists (A/HRC/19/L.38/Rev.1, 22 March 2012).

In the light of the above, the Committee once again 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 recalls once again 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 not in conformity 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 on the fundamental Conventions concerning rights at work, 2012, paragraphs 302–304 and 313–315).

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 cannot be imposed on them. In this connection, the Committee expresses the firm hope that, a new Penal Code will be adopted in the near future and that persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act will not be sentenced to imprisonment involving an obligation to work.

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

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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee previously noted from the Government’s earlier report that a draft legislative decree to amend the Penal Code had been prepared by the Ministry of Justice. The Government reaffirmed its commitment to bring legislation into conformity with the ratified ILO Conventions, taking due account of the Committee’s comments, and indicated, in particular, that the draft legislative decree was aiming at the elimination of all obligation to perform prison labour by removing from the text of the Penal Code such terms as “imprisonment with labour”, “life imprisonment with hard labour” or “temporary hard labour”.

In its latest report, the Government indicates that it endeavours to resolve the problems identified in the Committee’s comments by way of the adoption of the new Penal Code, which is currently being discussed and is going through various legal channels and phases of adoption.

While noting this information, as well as the Government’s renewed commitment to bring legislation into conformity with the Convention, the Committee expresses the firm hope that, following the adoption of the new Penal Code, 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, although they might be allowed to engage in work. The Committee hopes that the new Penal Code will be adopted in the near future and that the Government will supply a copy of the new Code, as soon as it is promulgated.

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

The Committee previously noted the Government’s indication in its report that a draft legislative decree amending the Penal Code had been prepared by the Ministry of Justice in response to the economic and social developments witnessed by the country and to fulfil the request made by the Committee of Experts. The Government indicated that the draft legislative decree was aiming at the elimination of all obligation to perform prison labour and in particular, that the terms “imprisonment with labour”, “life imprisonment with hard labour” or “temporary hard labour” would be removed from the Penal Code. In its 2006 and 2007 reports, the Government reaffirmed its commitment to bring legislation into conformity with the ratified ILO Conventions, taking due account of the Committee’s comments and, in particular, confirmed its intention to remove the above terms from the Penal Code.

The Committee expresses the hope that, following the adoption of the draft legislative decree, 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, although they might be allowed to engage in work. The Committee also hopes that the draft legislative decree referred to above will soon be adopted and that the Government’s next report will contain full information on the progress made in this regard.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee previously noted the Government’s repeated indications in its reports that a draft legislative decree amending certain provisions of the Penal Code so as to eliminate all obligation to perform prison labour, was being examined by the competent authorities. The Government indicated in its 2001 report that the draft legislative decree amending the Penal Code had been prepared by the Ministry of Justice in response to the economic and social developments witnessed by the country and to fulfil the request made by the Committee of Experts. The Committee noted from the Government’s explanations and from the text of the draft legislative decree received in the ILO in July 2001 that the terms "imprisonment with labour", "life imprisonment with hard labour" or "temporary hard labour" would be removed from the Penal Code. The Committee expressed the hope that, following the adoption of the draft legislative decree, persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions referred to in 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, although they might be allowed to engage in work.

The Committee notes that the Government’s report received in August 2003 contains no new information concerning the adoption of the above draft legislative decree. The Government indicates that the Ministry of Social Affairs and Labour will set up a legal committee which will include representatives of a number of public bodies and employers’ and workers’ organizations to examine amendments in the Penal Code in order to bring it into conformity with the Forced Labour Conventions. While noting this indication, the Committee hopes that the Government’s next report will contain information on the progress made in the adoption of the draft legislative decree referred to above and on any other measures taken in order to bring the legislation into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s latest report received in August 2003 contains no new information concerning the adoption of the above draft legislative decree. The Government indicates that the Ministry of Social Affairs and Labour will set up a legal committee which will include representatives of a number of public bodies and employers’ and workers’ organizations to examine amendments in the Penal Code in order to bring it into conformity with the Forced Labour Conventions. While noting this indication, the Committee hopes that the Government’s next report will contain information on the progress made in the adoption of the draft legislative decree referred to above and on any other measures taken in order to bring the legislation into conformity with the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information supplied by the Government in reply to its earlier comments in May 2000 and July 2001.

Article 1(a), (c) and (d) of the Convention. 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 repeated indications in its reports that a draft legislative decree amending certain provisions of the Penal Code so as to eliminate all obligation to perform prison labour was being examined by the competent authorities. The Government indicates in its latest report that the draft legislative decree amending the Penal Code has been prepared by the Ministry of Justice in response to the economic and social developments witnessed by the country and to fulfil the request made by the Committee of Experts.

The Committee has noted from the Government’s explanations and from the text of the draft legislative decree received in the ILO in July 2001 that the terms "imprisonment with labour", "life imprisonment with hard labour" or "temporary hard labour" shall be removed from the Penal Code. The Committee hopes that, following the adoption of the draft legislative decree, persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions referred to in the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, will no longer be under an obligation to perform labour, although they might be allowed to engage in work. The Government is requested to supply a copy of the legislative decree, as soon as it is adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. In its earlier comments the Committee referred 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 punishment for expressing views opposed to the established political system, breach of labour discipline or participation in strikes. For a number of years the Government has been indicating that a draft legislative decree amending various sections of the Penal Code so as to eliminate all obligation to perform prison labour was being examined by the competent authorities, and in 1995 it was approved by the Council of Ministers and submitted to the Ministry for the Affairs of the Presidency of the Republic. However, in its reports received in 1997 the Government indicated that the Ministry of Justice is still considering the amendment of the Penal Code and has referred the matter to the committee responsible for the amendment of the Code. The Committee trusts that the legislative decree referred to by the Government will be adopted in the near future and asks the Government to provide, in its next report, information on the progress made in this regard. It also hopes the Government will pursue its consultations with the International Labour Office regarding the amendment of the agricultural labour legislation and the various texts mentioned above, with a view to ensuring compliance with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(a), (c) and (d) of the Convention. In its earlier comments the Committee referred 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 punishment for expressing views opposed to the established political system, breach of labour discipline or participation in strikes. For a number of years the Government has been indicating that a draft legislative decree amending various sections of the Penal Code so as to eliminate all obligation to perform prison labour was being examined by the competent authorities, and in 1995 it was approved by the Council of Ministers and submitted to the Ministry for the Affairs of the Presidency of the Republic. However, in its reports received in 1997 the Government indicated that the Ministry of Justice is still considering the amendment of the Penal Code and has referred the matter to the committee responsible for the amendment of the Code. The Committee trusts that the legislative decree referred to by the Government will be adopted in the near future and asks the Government to provide, in its next report, information on the progress made in this regard. It also hopes the Government will pursue its consultations with the International Labour Office regarding the amendment of the agricultural labour legislation and the various texts mentioned above, with a view to ensuring compliance with the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its latest report, received in 1995, the Government indicates that the said Legislative Decree has been approved by the Council of Ministers and submitted to the Ministry for the Affairs of the Presidency of the Republic. Since similar information had already been provided by the Government in its report received in 1986, the Committee hopes that the Legislative Decree referred to by the Government will at last be adopted and that the Government will soon provide a copy of the text adopted.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 1(a), (c) and (d) of the Convention. In its previous comments, the Committee referred 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 inflicted for acts covered by Article 1(a), (c) and (d). It noted that a draft Legislative Decree amending various sections of the Penal Code to eliminate all prison work was being examined by the legislative authorities.

The Committee notes that the Government's report contains no new information on the matter. The Committee reiterates the hope that the Government will take the necessary measures to ensure observance of the Convention in the very near future and that it will provide a copy of the provisions adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's report.

The Commitee notes that the Government's report contains no new information on the matter. The Committee reiterates the hope that the Government will take the necessary measures to ensure observance of the Convention in the very near future and that it will provide a copy of the provisions adopted.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. In its previous comments, the Committee referred 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 inflicted for acts covered by Article 1(a), (c) and (d). It noted that a draft Legislative Decree amending various sections of the Penal Code to eliminate all compulsory prison labour was being examined by the legislative authorities. The Committee noted that the Government's report received in 1988 contained no indication as to the progress of this draft, and trusts that the Government will shortly be able to state that amended legislation is in force to ensure observance of the Convention and that it will provide a copy of the provisions adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.