Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the information supplied by the Government in its report indicating that the draft legislative decree to amend the provisions of Legislative Decree No. 84 of 1968 on trade unions in line with certain comments made by the Committee for a number of years, has not yet been adopted. The Government adds that it has again asked the General Federation of Peasants and the General Federation of Craftsmen to designate their representatives to serve on the tripartite commission responsible for preparing texts to amend Act No. 21 of 1974 on peasants' associations and Legislative Decree No. 250 of 1969 on craftsmen's associations.

Since the Government's report, which arrived too late to be examined by the Committee at its session in February 1995, contains no further information on the situation, the Committee is bound to repeat once again the comments and requests it has been making for many years and recalls that there are still divergencies between the national legislation and the Convention, particularly on:

- Legislative Decree No. 84 of 1968 on trade unions (section 7) which organizes the structure of trade unions on a single union basis;

- Legislative Decree No. 250 of 1969 regarding craftsmen's associations (section 2) and Act No. 21 of 1974 regarding peasants' cooperative associations (sections 26 to 31) which impose a single trade union system;

- section 25 of Legislative Decree No. 84 which restricts the trade union rights of non-Arab foreign workers;

- sections 32, 35, 36, 44 and 49(c) of Legislative Decree No. 84 and sections 6 and 12 of Legislative Decree No. 250 of 1969 restricting the free administration and independence of management of trade unions;

- section 160 of the Agricultural Labour Code of 1958 prohibiting strikes in the agricultural sector.

1. Single trade union system. The Committee recalls that Article 2 of the Convention is not intended as an expression of support for either the idea of trade union unity or trade union pluralism but to ensure that workers, without distinction whatsoever, and without previous authorization, shall have the right to establish and join organizations of their own choosing. The Committee requests the Government to take the necessary measures without delay to delete from legislation the numerous references to the single central trade union organization designated in law as the General Federation of Workers' Union (FGST) and allow workers who so wish to establish organizations of their own choosing outside the existing trade union structure.

2. Restrictions to the right of non-Arab foreign workers employed in the Syrian Arab Republic. Section 25 of Legislative Decree No. 84 does not confer on foreign workers the right to join trade unions unless they have resided in Syria for one year and on condition of reciprocity. The Committee recalls that the guarantees of Article 2 of the Convention apply to all workers, without distinction whatsoever. It requests the Government to amend this Article to bring national legislation into conformity with the Convention.

3. Wide powers of intervention by the authorities over public finances. Several sections of Legislative Decree No. 84 (32, 35, 36, 44 and 49, paragraph (c)), and of Legislative Decree No. 250 of 1969 (6 and 12) confer on the public authorities the discretionary power to inspect the books and other documents of organizations, to carry out investigations, to demand information at any time and to supervise trade union funds. The Committee requests the Government to abolish these impediments to the right of workers' organizations to organize their management and activity without interference from the public authorities in accordance with the requirements of Article 3, paragraphs 1 and 2, of the Convention.

4. The need to belong to the occupation for a minimum of six months in order to be elected to trade union office. Section 44 of Legislative Decree No. 84 is liable to prevent qualified persons such as permanent trade union members and retired persons from exercising trade union office. The Committee requests the Government to make its legislation more flexible in order to allow the candidature of persons who formerly worked in the occupation and to lift the conditions on belonging to the occupation for a reasonable proportion of trade union officials in order to allow the candidature of persons from outside the occupation.

5. Prohibition on strikes in the agricultural sector. In regard to section 160 of the Agricultural Labour Code forbidding agricultural workers to go on strike, the Committee notes with regret that the repeal of this text announced by the Government some time ago has not yet been adopted. The Committee once again emphasizes the importance it attaches to legislation not depriving trade union organizations of the right to strike, as this is one of the essential means by which they can promote and defend the occupational interests of their members, and requests the Government to repeal this provision.

The Committee must therefore request the Government once again to indicate in its next report the measures which have been taken to bring the whole of its legislation into conformity with the Convention.

[The Government is requested to provide full particulars to the Conference at its 83rd Session.]