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Repetition Application of the Convention in practice. The Committee previously noted that the ongoing conflict in the Syrian Arab Republic has had an alarming impact on children. It noted that the number of children affected by armed conflict in the Syrian Arab Republic has more than doubled, going from 2.3 million to 5.5 million, and the number of children displaced inside the Syrian Arab Republic has exceeded 3 million. The Committee takes note of the Government’s information in its report on the provisions of national legislation that give effect to the provisions of the Convention. However, the Committee notes that, according to the 2015 UNICEF report entitled “Small Hands, Heavy Burden: How the Syria Conflict is Driving More Children into the Workforce”, four and a half years into the crisis, as a result of the war, many children are involved in economic activities that are mentally, physically or socially dangerous and which limit or deny their basic right to education. The report indicates that there is no shortage of evidence that the crisis is pushing an ever-increasing number of children towards exploitation in the labour market. Some 2.7 million Syrian children are currently out of school, a figure swollen by children who are forced to work instead. Children in the Syrian Arab Republic were contributing to the family income in more than three quarters of households surveyed. According to the report, the Syria crisis has created obstacles to the enforcement of national laws and policies to protect children from child labour, one of the reasons being that there are too few labour inspectors. In addition, there is often a lack of coherence between national authorities, international agencies and civil society organizations over the role of each, leading to a failure in national mechanisms to address child labour. The Committee notes the Government’s information in its 5th periodic report submitted to the Committee on the Rights of the Child published on 10 August 2017 (CRC/C/SYR/5, para. 203), that the Ministry of Social Affairs and Labour (MoSAL), in collaboration with the Syrian Authority for Family and Population Affairs (SAFPA) and in cooperation with other stakeholders, developed a National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA-WFCL). The Government also indicates that, in collaboration with UNICEF, the SAFPA conducted a survey on the worst forms of child labour in two industrial towns, Hassia in Homs and Haouch el Blas in Damascus. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee must once again express its deep concern at the situation of children in the Syrian Arab Republic who are affected by the armed conflict and driven into child labour, including its worst forms. The Committee urges the Government to take immediate and effective measures in the framework of the implementation of the NPA-WFCL to improve the situation of children in the Syrian Arab Republic and to protect and prevent them from child labour. It requests the Government to provide information on the results achieved, as well as the results of the surveys conducted in Hassia and Haouch el Blas.
Repetition Application of the Convention in practice. The Committee previously noted that the ongoing conflict in the Syrian Arab Republic has had an alarming impact on children. It noted that the number of children affected by armed conflict in the Syrian Arab Republic has more than doubled, going from 2.3 million to 5.5 million, and the number of children displaced inside the Syrian Arab Republic has exceeded 3 million. The Committee takes note of the Government’s information in its report on the provisions of national legislation that give effect to the provisions of the Convention. However, the Committee notes that, according to the 2015 UNICEF report entitled “Small Hands, Heavy Burden: How the Syria Conflict is Driving More Children into the Workforce”, four and a half years into the crisis, as a result of the war, many children are involved in economic activities that are mentally, physically or socially dangerous and which limit or deny their basic right to education. The report indicates that there is no shortage of evidence that the crisis is pushing an ever-increasing number of children towards exploitation in the labour market. Some 2.7 million Syrian children are currently out of school, a figure swollen by children who are forced to work instead. Children in the Syrian Arab Republic were contributing to the family income in more than three quarters of households surveyed. According to the report, the Syria crisis has created obstacles to the enforcement of national laws and policies to protect children from child labour, one of the reasons being that there are too few labour inspectors. In addition, there is often a lack of coherence between national authorities, international agencies and civil society organizations over the role of each, leading to a failure in national mechanisms to address child labour. The Committee notes the Government’s information in its 5th periodic report submitted to the Committee on the Rights of the Child published on 10 August 2017 (CRC/C/SYR/5, para. 203), that the Ministry of Social Affairs and Labour (MoSAL), in collaboration with the Syrian Authority for Family and Population Affairs (SAFPA) and in cooperation with other stakeholders, developed a National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA-WFCL). The Government also indicates that, in collaboration with UNICEF, the SAFPA conducted a survey on the worst forms of child labour in two industrial towns, Hassia in Homs and Haouch el Blas in Damascus. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee must once again express its deep concern at the situation of children in the Syrian Arab Republic who are affected by the armed conflict and driven into child labour, including its worst forms.The Committee urges the Government to take immediate and effective measures in the framework of the implementation of the NPA-WFCL to improve the situation of children in the Syrian Arab Republic and to protect and prevent them from child labour. It requests the Government to provide information on the results achieved, as well as the results of the surveys conducted in Hassia and Haouch el Blas.
Repetition Application of the Convention in practice. The Committee previously noted with concern the number and situation of children under the minimum age of 15 years who were engaged in economic activity and urged the Government to strengthen its efforts to improve the situation. The Committee notes that the Government’s report does not contain any information in this regard. The Committee notes, however, that the ongoing conflict in the Syrian Arab Republic has had an alarming impact on children. It notes that according to the UNICEF report of March 2014, entitled: Under Siege – The devastating impact on children of three years of conflict in Syria, since March 2013, the number of children affected by armed conflict in Syria has more than doubled from 2.3 million to 5.5 million, the number of children displaced inside Syria has crossed 3 million, and the number of child refugees living in neighbouring countries has reached more than 1.2 million. The Committee also notes that according to the ILO report of 2013 entitled “ILO Response to the Syrian Refugee Crisis in Jordan”, child labour among Syrian refugees was identified as an issue of concern in the very first joint UN-government needs assessment of Syrian refugees entering Jordan. The Committee further notes from a report of the United Nations High Commission for Refugees of November 2013 (UNHCR, 2013) that a UNHCR survey of Syrian refugee children in Jordan and Lebanon found that children as young as 7 years are working long hours for little pay, often in dangerous or exploitative conditions. Nearly one in two refugee households surveyed relied partly or entirely on income generated by a child. The Committee expresses its deep concern at the situation of children in Syria who are affected by the armed conflict. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee urges the Government to take immediate and effective measures to improve the situation of children in Syria and to protect and prevent them from child labour. It requests the Government to provide information on the measures taken in this regard.
Repetition Article 3(3) of the Convention. Admission to hazardous work as from 16 years of age. Agricultural work. The Committee previously noted that section 2 of Order No. 972 (of the Ministry of Social Affairs and Labour) of 7 May 2006 specifies a list of tiring jobs in the agricultural sector in which it is prohibited to employ children. This list includes: (1) all forms of irrigation except for drip irrigation; (2) crop harvesting and cutting fodder; (3) driving agricultural machinery, operating and maintaining water pumps by diesel engines; (4) working with and sprinkling agricultural pesticides, using chemical fertilizers and pruning; (5) carrying, pulling and transporting loads; (6) cultivating soil through the use of a manual plough; and (7) dispersing seeds in an area exceeding 2,500 square metres. However, the Committee noted that, pursuant to section 1, Order No. 972 only prohibits these listed activities for children under 15 years of age. In this regard, the Committee recalled that Article 3(3) of the Convention permits the performance of hazardous work, under very specific conditions, only from the age of 16 years.The Committee took note of the information in the Government’s report on measures it intends to take to protect children working in agriculture. The Government indicated that it aims to establish a centre in 2011 for the rehabilitation of children in the agricultural region of the governorate of Dayr az-Zawr, through the National Programme for the Elimination of the Worst Forms of Child Labour.Nonetheless, the Committee observed that the authorized age to perform hazardous work in the agriculture sector remains at 15 years of age, pursuant to Order No. 972. In this regard, the Committee once again recalled that by virtue of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultations with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that health, safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee urges the Government to take the necessary measures to ensure that no child under the age of 16 is permitted to engage in hazardous work in the agricultural sector. In this regard, the Committee requests the Government to take the necessary measures to amend Order No. 972 to prohibit hazardous types of agricultural activities to all children under 16 years of age. Part V of the report form. Application of the Convention in practice. The Committee noted the information in the Government’s report that, in collaboration with the ILO and UNICEF, it has undertaken an analytical study on the situation of child labour in the country. The Government indicated that a database is being developed, and measures are being taken to monitor the cases identified. The Committee also noted the statistical information from the 2006 “Multiple Indicator Cluster Survey 3 of the Syrian Arab Republic” that 5.4 per cent of all children between the ages of 5 and 14 are engaged in economic activity. This survey indicates that boys are much more likely than girls to engage in economic activity under the minimum age, with 10.3 per cent of boys aged 12 years, 14.9 per cent of boys aged 13 years and 22.9 per cent of boys aged 14 years engaged in economic activity. This survey further indicates that boys between the age of 5 and 14 who engage only in economic activity (and do not attend school) work an average of 30.8 hours per week. Moreover, the Committee noted the statement by the UNICEF country representative of 7 November 2010 that child labour is a serious issue in Syria (in a document available from the Integrated Regional Information Networks operated by the UN Office for the Coordination of Humanitarian Affairs). The Committee must express its concern over the number and situation of children under the minimum age of 15 years who are engaged in economic activity and it urges the Government to strengthen its efforts to improve the situation. The Committee also requests the Government to provide information from the analytical study on child labour in the Syrian Arab Republic, once it is available, including up-to-date statistical information on the number of children and young persons who are engaged in economic activity.
Article 3, paragraph 3, of the Convention. Admission to hazardous work as from 16 years of age. Agricultural work. In its previous comments, the Committee noted that section 2 of Act No. 56 of 29 December 2004 (Regulation of Agricultural Relations) states that the minimum age to perform agricultural work is 15 years and young persons under 15 years of age are not allowed to perform night work, as well as tiring tasks which do not suit their age. The Committee also noted that that section 2 of Order No. 972 of 7 May 2006 (Order No. 972), promulgated by the Ministry of Social Affairs and Labour, states that it is prohibited to employ children under 15 years at night or in tiring jobs which are not suitable for their ages. The Committee observed that it appeared that children from 15 years are allowed to perform hazardous work, and requested the Government to take the necessary measures to ensure that only children from 16 years of age are allowed to perform hazardous types of work in the agricultural sector. Noting the absence of information on this point in the Government’s report on this subject, the Committee again recalls that, by virtue of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultations with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that health, safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee urges the Government to take the necessary measures to ensure that children under the age of 16 are prohibited from engaging in hazardous work, in conformity with Article 3(3) of the Convention.
Part V of the report form. Application of the Convention in practice. The Committee previously noted that the new regulations on labour inspection (Order No. 460 of 2007) allowed labour inspectors to monitor the application of regulations in the agricultural sector (Act No. 56 of 2004 on the Regulation of Agricultural Relations), including legislation regarding the protection of child workers. The Committee requested the Government to provide extracts from the reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons in the agricultural sector, within the framework of Order No. 460 of 2007. The Committee notes the Government’s indication that reports of the labour inspectorate on inspection visits in agriculture and statistics on the employment of children in general are annexed to its report. However, the Committee notes that no such reports were attached.
The Committee notes the statistical information on child labour from the Understanding Children’s Work database, based on the “Multiple indicator cluster survey 3, of the Syrian Arab Republic” in 2006 (UCW survey 2006), which indicates that 1.9 per cent of children aged 5–14 are engaged only in economic activity and do not attend school. The UCW survey 2006 also indicates that 2.1 per cent of children aged 12 are engaged only in economic activity, 4.7 per cent of children aged 13 are engaged only in economic activity, and 9.2 per cent of children aged 14 are engaged only in economic activity. The Committee also notes that this figure is higher among boys. The UCW survey 2006 indicates that 2.1 per cent of boys aged 5–14 in rural areas and 2.9 per cent of boys aged 5–14 in urban areas engage only in economic activity and do not attend school. This survey indicated that working children aged 5–14 who did not attend school worked approximately 28 hours a week. The Committee notes this information, and again requests the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children and young persons in general, and including a copy of the document prepared by the labour inspectorate containing statistics on the employment of children, which was not attached to the Government’s report. The Committee also requests the Government to provide extracts from other reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons in the agricultural sector, within the framework of the application of Order No. 460 of 2007.
The Committee notes the Government’s report. It requests the Government to provide information on the following points.
Article 3, paragraph 2, of the Convention. Determination of types of hazardous work. Agricultural work. The Committee had previously noted that section 49 of Law No. 34 of 2000, amending the Agricultural Relations Law No. 134 of 1958, provides that heavy work shall be defined by decision of the Minister of Social Affairs and Labour. It had requested the Government to indicate whether the types of hazardous work or employment in the agricultural sector were determined in line with Article 3, paragraph 2, of the Convention. The Committee notes the Government’s information that, after having consulted the Peasant Confederation, the Ministry of Social Affairs and Labour promulgated Order No. 972 of 7 May 2006, supplied by the Government. The Committee notes with interest that section 2 of this Order specifies a list of tiring jobs in the agricultural sector in which it is prohibited to employ children. This list includes: (1) all forms of irrigation except for drip irrigation; (2) crop harvesting and cutting fodder; (3) driving agricultural machinery, operating and maintaining water pumps by diesel engines; (4) working with and sprinkling agricultural pesticides, using chemical fertilizers and pruning; (5) carrying, pulling and transporting loads; (6) cultivating soil through the use of a manual plough; and (7) dispersing seeds in an area exceeding 2,500 square metres. It is also prohibited to employ children in night work.
Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. 1. Agricultural work. In its previous comments, the Committee had noted that section 2 of Act No. 56 of 29 December 2004 (Regulation of Agricultural Relations) states that the minimum age to perform agricultural work is 15 years and young persons under 15 years of age are not allowed to perform night work as well as tiring tasks, which do not suit their age. The Committee had requested the Government to indicate the measures taken or envisaged to ensure that no young persons under 16 years may be authorized to perform hazardous types of work in the agricultural sector. The Committee notes that section 1 of Order No. 972 of 2006 reiterates that children under 15 years of age are not allowed to work, except in grazing and in light agricultural work. Section 2 of the same Order establishes that it is prohibited to employ children at night or in tiring jobs which are not suitable for their ages. Therefore, it seems that, under this Order, children from 15 years are allowed to perform hazardous work. In this regard, the Committee once again recalls that, by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultations with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that health, safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary measures to ensure that only children from 16 years of age are allowed to perform hazardous types of work in the agricultural sector, in conformity with Article 3, paragraph 3, of the Convention.
2. Apprenticeship and hazardous work. The Committee had previously observed that Order No. 183 of 2001, which provides for a list of industries and occupations that may not employ young persons under the age of 18, exempts from its application industrial schools and different institutes, vocational and educational training centres, provided that their statutes contain adequate systems of monitoring and protecting young persons. It had observed that, under these provisions, young persons under 15 years of age may be allowed to perform hazardous types of work during their apprenticeship. The Committee had requested the Government to indicate the measures taken or envisaged to ensure that no young person under 16 years of age may be authorized to perform types of hazardous work during apprenticeship. The Committee notes the Government’s information that the Government has not granted any permit to any public or private institute which authorizes the employment of children under 18 years to undertake dangerous work or work which jeopardizes their health.
Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee had previously noted that section 129 of the Labour Code of 1959 exempts from the application of the chapter on child labour, workers employed in family enterprises in which only members of the same family work. It had requested the Government to provide information on the position of its law and practice in respect of children working in family undertakings pursuant to section 129 of the Labour Code, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. The Committee notes the Government’s information that Order No. 60 of 2007, containing the Regulations on Labour Inspections in Agriculture, also applies to members of the employer’s family engaged in agricultural work, who have labour contracts or cultivation contracts.
Article 7, paragraph 3. Determination of light work. Agricultural work. The Committee had previously noted that, with regard to agricultural work, section 38(2) of the Law on Agricultural Relations No. 134 of 1958, as amended by Law. No. 34 of 2000, allows children aged between 13 and 15 years to perform light tasks to be defined by the Minister of Social Affairs and Labour. The Committee had requested the Government to indicate whether the competent authority has determined the light work activities which may be undertaken by children between 13 and 15 years of age. The Committee notes with interest the Government’s information that section 1 of Order No. 972 of 7 May 2006, promulgated by the Minister of Social Affairs and Labour after having solicited the views of the Peasant Federation, specifies light tasks as the following: (1) spreading, patching and planting seeds and arboreta; (2) fruit gathering and picking; (3) manual powdering; (4) preparing, cleaning and packaging in small packets; (5) piercing tobacco; (6) providing fodder and water to animals; and (7) working in plant nurseries and gardens.
Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the ILO–IPEC 1999 field survey, 9.8 per cent of the total child population between 10 and 14 years were economically active. Moreover, of the total number of working children, 12 per cent were under the age of 10 and 38 per cent were between 12 and 14. It had also noted that the majority of children under 16 years who were working did so for their parents in the agricultural sector, without remuneration. The Committee notes the Government’s information that Order No. 460 of 2007, which includes the Regulations on Labour Inspection in Agriculture, empowers inspectors to monitor the application of Act No. 56 of 2004 (Regulation of Agricultural Relations) and of regulations implementing this Act (including legislation regarding the protection of child workers). According to Order No. 460 of 2007, the agricultural Labour Inspectorate is composed of a central body within the Ministry and subsidiary bodies in the governorates. Inspectors are authorized to take minutes of contraventions and refer violators to the Public Prosecutor. The Committee notes the Government’s information that Regulations on Labour Inspection in Agriculture are recent in the Syrian Arab Republic and are being applied in a good and expedited manner. Their application will contribute to removing any existing contraventions on child labour. In the framework of the application of Order No. 146 of 2007, the Committee requests the Government to provide extracts from the reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons in the agricultural sector. The Committee also asks the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children and young persons in general.
Article 1 of the Convention. With reference to its previous comments, the Committee notes the Government’s statement that child labour is not a haphazard phenomenon and will certainly diminish gradually in light of the laws and orders approved since 2001. It observes that one of the national priorities in the Syrian Arabic Republic is caring for children as the State endeavours to take all the necessary measures to improve the level of services which are offered to children on all aspects, including health, education, cultural and social issues. Moreover, the ministries undertake many activities, measures and research in order to reduce child labour. The Committee notes the Government’s information that the Ministry of Social Affairs and Labour, in collaboration with the General Secretariat of the Arab League held a conference in July 2005, which resulted in a number of recommendations focusing on the improvement of the quality of education and on promoting vocational and technical education. The Committee also notes the Government’s information that the Ministry of Social Affairs and Labour held a symposium on combating child labour in Damascus in August 2005, in collaboration with the Arab Centre for Labour Administration in Tunis attached to the Arab Labour Organization. This symposium, attended by the social partners and a number of ministries and labour inspectors, resulted in the following various recommendations being issued: activating the role of labour administration; formulating strategies aimed at combating child labour; undertaking research and studies within the Ministry of Social Affairs and Labour in order to address the phenomenon of child labour; updating a special department within the Ministry of Social Affairs and Labour in charge of monitoring child labour; disseminating the fundamental principles of the Convention on the Rights of the Child; addressing the reasons for child drop-outs from schools; and developing industrial apprenticeship with the purpose of reducing child labour and increasing educational opportunities. The Committee notes that the Ministry of Social Affairs and Labour will implement the above recommendations in collaboration with the different concerned bodies. The Committee asks the Government to continue providing information on these policies and the results attained, specifying how they contribute to the effective elimination of child labour.
Article 3, paragraph 2. Determination of types of hazardous work. Agricultural work. The Committee had previously noted that section 49 of Law No. 34 of 2000, amending the Agricultural Relations Law No. 134 of 1958, provides that heavy work shall be defined by decision of the Minister of Social Affairs and Labour. The Committee had reminded the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultations with the organizations of employers and workers concerned. It had asked the Government to indicate whether any decision by the Minister of Social Affairs and Labour has been issued regarding the types of work or employment in the agricultural sector that are likely to jeopardize the health, safety and morals of children. It had also asked the Government to provide information on the consultations held with the organizations of employers and workers concerned. Noting the absence of information on this point, the Committee once again asks the Government to indicate whether the types of hazardous work or employment in the agricultural sector have been determined pursuant to Article 3, paragraph 2, of the Convention.
Article 3, paragraph 3. Admission to hazardous work as from 16 years. 1. Agricultural work. In its previous comments, the Committee had noted that, according to section 49 of Law No. 34 of 2000, amending the Agricultural Relations Law No. 134 of 1958, no "young person" shall be required to perform night work unless he has attained the age of 16 years, nor shall young persons be required to perform heavy work incompatible with their age. The Committee had noted that no definition of "young person" is contained in the legislation. The Committee notes the Government’s information that Act No. 56 of 29 December 2004 regulates agricultural relations. It notes that section 2 of Act No. 56 states that the minimum age to perform agricultural work is 15 years and young persons under 15 years of age are not allowed to perform night work as well as tiring tasks, which do not suit their age. Therefore, the Committee observes that young persons between 15 and 16 years are allowed to perform hazardous work in the agricultural sector.
Moreover, the Committee notes that, in its concluding observations (CRC/C/15/Add.212 of 6 June 2003; paragraph 50), the Committee on the Rights of the Child observed with concern that 7 per cent of children under 14 are employed as workers and that labour law provisions do not extend protection, including effective inspections, for children engaged in work in the informal sector (i.e. family-owned enterprises, agriculture), precisely where much child work is concentrated and which, in many cases, involves hazardous conditions.
The Committee once again reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultations with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no young persons under 16 years may be authorized to perform hazardous types of work in the agricultural sector. The Committee also asks the Government to provide information on the consultations held by the organizations of employers and workers concerned in this regard. Finally, the Committee requests the Government to supply a copy of Act No. 56 of 29 December 2004.
2. Apprenticeship and hazardous work. In its previous comments, the Committee had noted that Order No. 183 of 2001, which provides for a list of industries and occupations that may not employ young persons under the age of 18, exempts from its application industrial schools and different institutes, vocational and educational training centres, provided that their statutes contain adequate systems of monitoring and protecting young persons. The Committee had observed that, under these provisions, young persons under 15 years of age may be allowed to perform hazardous types of work during their apprenticeship. Observing that one of the Government’s objectives is the development of industrial apprenticeship with the scope of reducing child labour, the Committee once again asks the Government to indicate the measures taken or envisaged to ensure that no young person under 16 years of age may be authorized to perform types of hazardous work during apprenticeship.
Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee had previously noted that section 129 of the Labour Code of 1959 exempts from the application of the chapter on child labour, workers employed in family enterprises in which only members of the same family work. The Committee had recalled that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4, paragraph 2, each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had accordingly asked the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings pursuant to section 129 of the Labour Code. The Committee notes the absence of information on this point. It requests once again the Government to provide information on the position of its law and practice in respect of children working in family undertakings pursuant to section 129 of the Labour Code, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. The Committee also asks the Government to provide information on the consultations held on this matter with the employers’ and workers’ organizations concerned.
Article 7, paragraph 3. Determination of light work. The Committee had previously noted that, according to section 124(d) of the Labour Code, as amended by Law No. 24 of 2000, the Minister of Social Affairs and Labour may, by a decision, permit the employment of children between 13 and 15 in light work that is not harmful to their health and development. It had also noted that, with regard to agricultural work, section 38(2) of the Law on Agricultural Relations No. 134 of 1958, as amended by Law No. 34 of 2000, allows children aged between 13 and 15 years to perform light tasks, provided that they are engaged through their parents, under their responsibility. According to this provision, light tasks shall be defined by the Minister of Social Affairs and Labour. The Committee had noted that, according to the abovementioned provisions, the types of light work as well as the number of hours during which, and the conditions in which, such employment or work may be undertaken by children between 13 and 15, do not seem to have been determined by the competent authority, pursuant to Article 7, paragraph 3, of the Convention. The Committee had accordingly requested the Government to indicate the measures taken or envisaged in respect of provisions which would determine light-work activities and the conditions in which such employment or work could be undertaken by children between 13 and 15 years of age. Noting the absence of information on this point, the Committee once again requests the Government to indicate whether the competent authority has determined the light-work activities and prescribed the conditions in which such employment or work may be undertaken by children between 13 and 15 years of age.
Part III of the report form. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Affairs in the governorates undertakes inspection visits on all workplaces, be they industrial or agricultural or commercial, in order to control violations relating to hazardous work. It notes that labour inspectors have legal enforcement powers and inspection is undertaken at daytime, or in the evening, during working hours or outside working hours, and during holidays, including official holidays. According to the Government, inspectors have the right to take a few measures against persons violating the Labour Code, such as: giving advice or guidance, addressing an oral or written warning, and drafting a procès verbal which is referred to the competent court to impose the adequate penalty. The Committee notes that no copy of the relevant statistics was sent to the Office. It asks the Government to continue providing information on the functioning of the labour inspectorate and to supply a copy of the statistics and extracts from the reports of the inspection services indicating the number and nature of contraventions imposed concerning the employment of children and young persons.
Part V of the report form. The Committee had previously noted that, according to the ILO/IPEC 1999 field survey, 9.8 per cent of the total child population between 10 and 14 years are economically active. Moreover, of the total number of working children, 12 per cent are under the age of 10 and 38 per cent are between 12 and 14. The majority of children under 16 years who are working do so for their parents in the agricultural sector, without remuneration. The Committee once again expresses its serious concern about the situation of children under 15 years who are working. It once again encourages the Government to redouble its efforts to improve the situation and to provide detailed information on measures taken in this regard. The Committee asks the Government to provide information on the application of the Convention in practice, including statistics on the employment of children and young persons.
The Committee takes note of the Government’s first report. It also notes with interest that the Syrian Arab Republic ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), by virtue of Decree No. 396 of 4 November 2002. The Committee requests the Government to provide further information on the following points.
Article 1 of the Convention. The Committee notes the Government’s statement that one of the national priorities of the Syrian Arab Republic is child welfare at the formal and non-governmental levels. It also notes the Government’s statement that the committees responsible for the welfare of children were merged into a single committee known as the "Upper Committee for Childhood", which was constituted by virtue of Order No. 1023 of 1999 and presided over by the Deputy Prime Minister and the Minister of Social Affairs and Labour. The Committee further notes the Government’s indication that, in order to monitor the implementation of compulsory education and reduce the drop-out rate of children from schools, the Ministry of Education has set up educational offices and committees in each governorate, region, village and districts and set up mobile teams which visit shops and other industrial undertakings to check violations of child labour. The Ministry has further carried out awareness-raising programmes, educational workshops and family council meetings to make parents aware of their duty with regard to the education of their children. The Committee asks the Government to continue providing information on these policies and the results attained, specifying how they contribute to the effective abolition of child labour.
Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that at the time of ratification the Government declared 15 years to be the minimum age for admission to employment or work. It also notes that section 124 of Labour Code No. 91 of 1959, as amended by Law No. 24 of 2000, states that "under no circumstances shall a young person under 15 years of age be admitted to employment, nor allowed to enter any workplace". The Committee also observes that section 1 of Order No. 923 of 2001, based on the provisions of section 4(c) of the basic Law for state employees provides for an absolute prohibition of employment in any occupation of young persons who have not reached the age of 15 years. It also notes that section 47 of the Law on Agricultural Relations No. 134 of 1958, as amended by Law No. 34 of 2000, prohibits the employment of young persons under 15 years in agricultural work.
Article 2, paragraph 3. Compulsory education. The Committee notes that the Compulsory Education Act No. 35 of 1981 has made education free of charge and compulsory at the primary level between 6 and 12 years of age. It notes with interest the Government’s indication that Law No. 32 of 7 April 2002 has been promulgated in order to introduce a nine-year cycle called the "basic education cycle" which shall be compulsory and free of charge. Under the terms of this Law, compulsory education in the Syrian Arab Republic starts at the age of 6 and finishes by the age of 15 years. The Committee observes that 15 years is also the minimum age for admission to any employment or work specified by the Syrian Arab Republic upon ratifying the Convention.
Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. 1. Private sector. The Committee notes that section 124(c) of the Labour Code of 1959, as amended by the Law No. 24 of 2000, provides that the Minister may prohibit the employment of young persons below 18 years in some industries. According to this provision, Order No. 183 of 2001 contains a list of 50 industries and occupations in which young persons under 18 years of age may not be employed. It also notes that section 4 of the Order No. 183 of 2001 states that young persons who have not attained the age of 18 years may not be employed in lifting, pulling or pushing heavy weights if such weights exceed those indicated in the annexed tables.
2. Agricultural work. The Committee notes that section 49 of Law No. 34 of 2000, amending the Agricultural Relations Law No. 134 of 1958, provides that heavy work shall be defined by decision of the Minister of Social Affairs and Labour. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultations with the organizations of employers and workers concerned, where such exist. The Committee asks the Government to indicate whether any decision by the Minister of Social Affairs and Labour has been issued regarding the types of work or employment in the agricultural sector that are likely to jeopardize the health, safety and morals of children. If so, the Committee asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations have been previously consulted for the determination of such work.
3. State employment. The Committee notes the information contained in the Government’s report to the Commission on the Rights of the Child (CRC/C/28/Add.2), II(44), that rules of procedure for all public bodies issued with Decision No. 3803 of 1985 state that it is prohibited to assign a juvenile to work on dangerous machinery and equipment (hoisting gear, tractors, electrical installations, etc.) and in a number of occupations, including cotton ginning, printing and mining. The rules also prohibit the employment of juveniles between 15 and 18 years of age to carry, push or pull up loads exceeding certain weight limits. The Committee asks the Government to supply a copy of Decision No. 3803 of 1985.
Paragraph 3. Admission to hazardous work as from 16 years. 1. Private sector. The Committee notes that section 124(b) of the Labour Code of 1959, as amended by Law No. 24 of 2000, provides for the prohibition of the employment of young persons under 16 years in some industries determined by the Ministry of Social Affairs and Labour. Furthermore, according to section 126 of the Labour Code, no young person under 16 years of age may be employed in industries and activities identified by decision of the Minister of Social Affairs and Labour, unless they hold work certificates attesting their capacity to perform such work without compromising their health. Such certificates shall be issued by the health department at the request of the young persons concerned. The Committee notes that, pursuant to the provisions of section 126 of the Labour Code, Order No. 182 of 2001 provides for a list of 17 occupations in which young persons under 16 years of age shall not be employed, except if they are in possession of a medical certificate indicating their physical fitness to undertake such occupations. It notes that the list in Order No. 182 of 2001 contains some activities that could be considered hazardous, such as stone and marble carving, engraving and trimming, work on furnaces and brass works. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons who have reached the age of 16 years and perform hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention and to specify if the employers’ and workers’ organizations have been consulted on the matter.
2. Agricultural work. The Committee notes that section 49 of Law No. 34 of 2000, amending Agricultural Relations Law No. 134 of 1958, states that no young person shall be required to undertake night work unless he has attained the age of 16 years, nor shall "young persons" be required to perform heavy work incompatible with their age. It also notes that this legislation does not contain any definition of "young persons". The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons who have completed the age of 16 years and perform hazardous work in the agricultural sector are fully protected and receive adequate specific instruction or vocational training, as required by Article 3, paragraph 3, of the Convention and to specify if the employers’ and workers’ organizations have been consulted on this matter. The Committee also asks the Government to indicate the definition of "young persons" as mentioned in the second part of section 49 of Agricultural Relations Act No. 134 of 1958 as amended by Law No. 34 of 2000 and the definition of "annual agricultural worker" as used in section 38 of Agricultural Relations Act No. 134 of 1958, as amended by Law No. 34 of 2000.
3. State employment. With regard to state employment, the Committee notes that section 1 of the Order No. 923 of 2001 states that no one under the age of 16 years shall be employed in any production activity. It notes that this legislation does not provide for a definition of "production activity". The Committee asks the Government to indicate the definition of "production activity", as contained in section 1 of Order No. 923 of 2001.
4. Apprenticeship and hazardous work. The Committee notes the Government’s statement that section 15(a) of Chapter 4 of the Internal Statutes of Vocational Training Centres, issued by virtue of Order No. 3696 of 20 June 1979, and section 21 of the same Order specify the minimum age of 15 years for candidates to be accepted for training. It further notes the Government’s information that Order No. 183 of 2001, which provides for a list of industries and occupations that may not employ young persons under the age of 18, exempts from its application, by virtue of section 4, industrial schools and the different institutes and establishments, vocational education and training centres, provided that their internal statutes contain safeguards which monitor young persons and protect them. Young persons must be in possession of a medical certificate delivered by the health department and indicating their physical fitness for the work they are undertaking. The Committee notes that by virtue of the abovementioned provisions young persons from the age of 15 years may be engaged in types of hazardous work during their apprenticeship. It reminds the Government that Article 3, paragraph 3, of the Convention authorizes the employment in hazardous work of young persons between the ages of 16 and 18 years under strict conditions of protection and prior training. It therefore requests the Government to provide information on the measures taken or envisaged to ensure that no young persons under 16 years of age may be authorized to perform types of hazardous work during their apprenticeship.
Article 4. Exclusion of limited categories of employment or work. The Committee notes the Government’s statement that section 129 of the Labour Code of 1959 exempts from the application of the chapter on child labour workers employed in family enterprises in which only members of the same family work under the supervision of the father, mother, brother, maternal or paternal uncle. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of applications arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons of such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state the position of its law and practice in respect of children working in family undertakings pursuant to section 129 of the Syrian Labour Code, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.
Article 6. Apprenticeship and vocational training. The Committee notes the Government’s statement that Labour Code No. 91 of 1959 provides for the system of industrial apprenticeship, which is designated to train young persons of both sexes to attain a skilled worker level. It also notes the Government’s information that this system obliges an employer to have a labour contract for the employment of young persons. Employers undertake to provide training to such young persons on a regular basis, provided that the period of training is fixed and the obligations of the trainee and employer throughout the training period are set down beforehand. The Committee further notes that, according to the Government, the candidate for training has to meet the following criteria: should be 15 years old on the opening of the session and under 18 years; should have obtained a basic educational certificate; should be of good health, free of diseases and disorders which may prevent the candidate from performing the tasks which will be assigned to him/her during the training; should have passed entrance examinations carried out by the department or undertaking. The apprenticeship contract determines the employer’s duties with respect to providing training on the necessary skills, informing the apprentices on best methods of work and providing them with the necessary technical and theoretical knowledge and drills. The contract shall state that they benefit from the same rights and duties as other workers. The Committee notes that the Labour Code of 1959 only provides, by virtue of section 41, that the Minister of Social Affairs and Labour will set the conditions for such apprenticeships and it is not clear in which legislation the abovementioned conditions referred to by the Government are contained. The Committee therefore asks the Government to indicate the provisions where these conditions are fixed.
Article 7. Light work. The Committee notes that, according to section 124(d) of the Labour Code, as amended by Law No. 24 of 2000, the Minister of Social Affairs and Labour may, by a decision, permit the employment of children between 13 and 15 years in light work that is not harmful to their health and development. This provision further states that juveniles under 16 years of age shall not work between 7 p.m. and 6 a.m. and shall not work for more than six hours a day. No "young person" shall be required to remain at the workplace for more than seven consecutive hours. The hours of work shall be interrupted by one or more periods for rest and meals, so as to avoid that the said young person work for more than four consecutive hours. The Committee notes that this provision does not provide for a definition of "young person". It considers that the conditions set forth in this provision have been established to govern work done by children in general and do not provide the necessary conditions to guarantee that light work carried out by children does not harm their health or development or prejudice their participation in education. Moreover, the Committee observes the Government’s statement that section 38(1) of the Law on Agricultural Relations No. 134 of 1958, as amended by Law No. 34 of 2000, states that an agricultural annual worker must be at least 18 years of age. It further notes, according to the Government, that section 38(2) exempts shepherds and workers performing light tasks, provided that they are aged between 13 and 15 years and that they are engaged through their parents, under their responsibility. Light tasks shall be defined by a decision by the Minister of Social Affairs and Labour. The Committee observes that the types of light agricultural work as well as the number of hours during which, and the conditions in which, such employment or work may be undertaken do not seem to be defined by the competent authority, pursuant to Article 7, paragraph 3, of the Convention. The Committee reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light-work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It also asks the Government to indicate the definition of "young person" as mentioned in the Labour Code.
Article 8. Artistic performances. The Committee notes the Government’s statement that the Labour Code has not granted exemptions for young persons to perform artistic work. It also notes that there is no provision in the Labour Code specifically addressing children or young persons who are artistic performers, nor does there exist any provision which authorizes the participation of children in artistic performances by an individual permit. The Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the minimum age who work in activities such as artistic performances, if these are performed in practice.
Part III of the report form. The Committee notes the Government’s statement that the Ministry of Social Affairs and Labour, through its labour inspectors, supervises all issues concerning child labour. It also notes that, according to the Government and by virtue of section 212 of the Labour Code of 1959, inspectors supervise the application of the labour laws and examine all issues which protect workers, especially children. They can take several measures against persons who violate the provisions of the Labour Code, such as giving advice, technical guidance, direct verbal or written warnings and draft procès verbaux to be referred to the specialized court to impose the necessary penalties. The Committee requests the Government to continue providing information on the functioning of the labour inspectorate.
Part V of the report form. The Committee notes that, according to the ILO-IPEC 1999 field survey, 9.8 per cent of the total child population between 10 and 14 years are economically active. This constitutes 4.8 per cent of the total labour force. Of the total number of working children, 12 per cent are under the age of 10 and 38 per cent are between 12 and 14. The majority of children under the age of 16 who are working do so for their parents in the agricultural sector without remuneration. The Committee expresses its deep concern at the situation of children under 15 who are working. It strongly encourages the Government to renew its efforts to progressively improve the situation. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of the contraventions reported and the sanctions imposed.