Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Repetition

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report contains limited information and does not address in full the points raised by the Committee previously.

Article 1 of the Convention. Legislation. Prohibited grounds. In its previous comment, the Committee requested the Government to clarify the meaning of the terms “belief” and “descent” mentioned in section 2 of the new Labour Law. Noting that the Government’s report is silent on this point, the Committee wishes to refer to its 2012 General Survey on the fundamental Conventions, where it recalled that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, (paragraph 853). The Committee thus firmly hopes that the Government will clarify the terms:

• (i) “descent” in section 2 of the Labour Law and whether it covers discrimination on the basis of “social origin” (including cases concerning persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population, or persons with an ethnic minority background) or “national extraction” (covering a person’s place of birth, ancestry or foreign origin); and
• (ii) “belief” in section 2 of the Labour Law.

The Committee asks the Government to provide copies of relevant court decisions illustrating the meaning of the abovementioned grounds of discrimination.

Scope of application. In its previous comment, the Committee asked the Government to identify the measures taken to ensure that categories of workers excluded from the scope of the Labour Law (such as workers subject to the Agricultural Relations Law, domestic workers and similar categories) enjoy protection against direct and indirect discrimination, as required by the Convention. The Committee notes the Government’s repeated statement in its report that, pursuant to section 5(a) and (b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. In this regard, it wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope as regards individuals or branches of activity (see General Survey of 2012 on fundamental Conventions, paragraph 733). Consequently, the Committee asks the Government to indicate how it is ensured in practice that these workers enjoy the protection of the Convention against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. Please also provide a copy of any judicial decisions taken in this regard.

Women domestic workers. Previously, the Committee urged the Government (i) to identify all the measures taken to ensure that both national and foreign domestic workers benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation; (ii) to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work; (iii) to indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force; and (iv) provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers. The Committee notes that both Decree No. 65 of 2013 (section 24) regulating the recruitment of migrant domestic workers by private employment agencies and Law No. 10 of 2014 (section 21) regulating the recruitment of national domestic workers, prohibit private recruiters and potential employers from discriminating against a domestic worker based on race, color, sex, belief, nationality, social origin, appearance and dress codes. The Committee notes that under the abovementioned legislation, protection is provided only in respect of certain grounds, and that grounds such as political opinion, national exaction, and social origin have not been covered. In this regard, the Committee wishes to point out that the seven grounds listed in the Convention represent a minimum standard on which agreement was reached by member States in 1958 and recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. Consequently, the Committee asks the Government to amend Decree No. 65 and Law No. 10 to insert additional grounds of discrimination such as political opinion, national exaction, and social origin in order to guarantee that national and foreign domestic workers are protected against discrimination in law and in practice, as required by the Convention. It also asks the Government to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, noting the impact of the conflict on the lives of women and girls, in particular women in rural areas, and women heads of households, as identified by the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43), the Committee urged the Government to take all the necessary steps to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. In the absence of relevant information in the Government’s report, the Committee wishes to underline that, in a conflict situation, the deterioration of the economy has a negative impact on the employment opportunities of both men and women and, consequently, on the enjoyment of their economic and social rights. In this regard, the Committee wishes to point out that women are affected by armed conflict in distinct ways, as they are particularly susceptible to the marginalization, poverty and suffering engendered by armed conflict, especially when they are already victims of discrimination in peacetime. Therefore, the Committee again notes the impact of the conflict on the lives of women and girls, in particular rural women, and heads of households, and again urges the Government to take proactive measures: (i) to ensure that the current conflict does not exacerbate discrimination based on gender by impeding access to economic opportunities for women affected by the conflict, in particular women heads of household and women in rural areas; and (ii) to address harassment and gender-based violence against women, which affect their rights under the Convention. The Committee again urges the Government to take all necessary steps to address the precarious situation of in particular rural women and heads of households, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their work.

Sexual harassment. In the absence of information on this point, the Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law of 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Article 2. General Observation of 2018. The Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 3(c) and 5. Restriction on women’s access to employment. In its previous comment, the Committee requested the Government to take steps to review Order No. 16 of 2010 (implementing section 120 of the Labour Law) to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection and not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs. It also requested the Government to take steps to amend section 139 of the Personal Status Act limiting the right of women guardians of children to work. The Committee notes the Government’s indication that Ministerial Order No. 16 of 2010 was repealed and Order No. 482 of 16 February of 2017 regulating the work of women was promulgated. The Committee notes that Order No. 482 contains a list of tasks prohibited for women to undertake work involving exposure to radioactive materials (section 4) preparation of metal compounds containing more than 10 per cent lead (section 4(1)); manufacturing of leather tanning and all related work (section 4(11)). In this regard, the Committee notes that, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health (see General Survey of 2012 on fundamental Conventions, paragraph 840). Noting that currently the focus is on removing risks from workplaces rather than excluding women from hazardous occupations, the Committee asks the Government to indicate measures taken or envisaged to ensure that workplaces are safer for all workers, regardless of their sex. In the absence of any information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee reiterates its request to the Government to amend section 139 of the Personal Status Act.

Social security. The Committee previously noted that section 60(a) of the Social Security Law of 1959 providing that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee noted that this provision constitute discrimination based on sex, as it reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. The Committee notes the Government’s indication that section 60(a) of the Social Security Law of 1959, became section 58 (a) after a re-ordering of the law’s sections by virtue of Law No. 28 of 2014. The Committee notes however that section 58(a) has been drafted in the same way as the previous section 60. Consequently, the Committee once again asks the Government to take the necessary measures to repeal section 58(a) of the Social Security Law of 2014 and to provide information on the progress made in this regard.