Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the information provided in the Government’s report.

Article 3 of the Convention. Trade union monopoly. In its previous comments, the Committee urged the Government to repeal or amend a number of legislative provisions which established trade union monopoly, authorized the Minister to set the conditions and procedures for the use of trade union funds, and determined the composition of the General Federation of Trade Unions (GFTU) Congress and its presiding officers. In its report, the Government submits once again that both employers and workers reject the principle of multiple trade unions because it reinforces divisions and is contrary to their interests. The Government indicates that this position has been reasserted in decisions taken by trade union central congresses.

The Committee must once again recall that although it was clearly not the purpose of the Convention to make trade union diversity an obligation, it does at the very least require this diversity to remain possible in all cases. In this respect, there is a fundamental difference between, on the one hand, a trade union monopoly established or maintained by law and, on the other hand, voluntary groupings of workers or unions which occur (without pressure from the public authorities, or due to the law) because they wish, for instance, to strengthen their bargaining position, coordinate their efforts to tackle ad hoc difficulties which affect all their organizations, etc. It is generally to the advantage of workers and employers to avoid proliferation of competing organizations, but trade union unity directly or indirectly imposed by law runs counter to the standards expressly laid down in the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 91). Therefore, the Committee once again urges the Government to take all necessary steps with a view to repealing or amending the legislative provisions which:

-  establish a regime of trade union monopoly (sections 3, 4, 5 and 7 of Legislative Decree No. 84, sections 4, 6, 8, 13, 14 and 15 of Legislative Decree No. 3 amending Legislative Decree No. 84, section 2 of Legislative Decree No. 250 of 1969 and sections 26 to 31 of Act No. 21 of 1974);

-  authorize the Minister to set the conditions and procedures for the use of trade union funds (section 18(a) of Legislative Decree No. 84 as amended by section 4(5) of Legislative Decree No. 30 of 1982); and

-  determine the composition of the GFTU Congress and its presiding officers (section 1(4) of Act No. 29 of 1986 amending Legislative Decree No. 84).

Nationality requirement. In its previous comments, the Committee urged the Government to take all necessary measures with a view to amending section 44(3)(b) of Legislative Decree No. 84 so as to allow a certain percentage of trade union officers to be foreigners, at least after a reasonable period of residence in the country. In its report, the Government reiterates that, by virtue of section 25 of Legislative Decree No. 84 of 1968 and amendments made thereto, workers of a nationality other than Arab can join a trade union of skilled workers.

The Committee must once again draw the Government’s attention to the issue at stake, namely the eligibility of foreigners for trade union office and not their right to join trade unions. In this respect, the Committee recalls that since provisions on nationality which are too strict could deprive some workers of the right to elect their representatives in full freedom, it considers that legislation should allow foreign workers not only the right to elect trade union officers but also the right to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey, op. cit., paragraph 118). The Committee once again urges the Government to take all necessary measures with a view to amending section 44(3)(b) of Legislative Decree No. 84 so as to allow at least a certain percentage of trade union officers to be foreigners, at least after a reasonable period of residence in the country.

Penal sanctions for strike action. In its previous comments, the Committee requested the Government to provide information on any measures taken or envisaged to amend the legislative provisions which restrict the right to strike by imposing heavy sanctions including imprisonment and forced labour on anyone causing prejudice to the general production plan decreed by the authorities. In its report, the Government reiterates that the imposition of a penalty on strikes has been repealed by virtue of Act No. 34 of 2000. The Committee once again recalls that while having taken due note of Act No. 34 of 2000 in its previous comments, it also continued to express the need to amend the legislative provisions which imposed heavy prison sanctions for strike action and, furthermore, imposed forced labour for actions which caused prejudice to the general production plan and which were not affected by Act No. 34. Recalling that in its 2001 observation the Committee had noted with interest the establishment by the Ministry of Justice of a committee to consider amendments to the Syrian Penal Code, the Committee once again requests the Government to provide information on any developments in this respect and in particular any measures taken or envisaged to amend the legislative provisions which:

-  restrict the right to strike by imposing heavy sanctions including imprisonment (sections 330, 332, 333 and 334 of Legislative Decree No. 148 of 1949, issuing the Penal Code); and

-  impose forced labour on anyone causing prejudice to the general production plan decreed by the authorities, by acting in a manner contrary to the plan (section 19 of Legislative Decree No. 37 of 1966 concerning the economic Penal Code).

The Committee urges the Government to take all necessary measures at the earliest possible date to bring the national legislation concerning trade union monopoly, restrictions on union office for non-Arabs, and penal sanctions for exercising strike action into full conformity with Articles 2, 3 and 5 of the Convention.

Finally, the Committee notes that, according to the Government, section 2 of Legislative Decree No. 84 of 1996 (as amended) grants all workers, including those working in export processing zones, the right to join a trade union of their own choosing. The Government underlines that this general provision applies in all cases unless there is another text restricting the right to organize which applies. While taking due note of this information, the Committee observes that the Government has still not provided any information on public servants’ right to organize. The Committee urges the Government to indicate in its next report whether the right to organize of public servants is governed by section 2 of Legislative Decree No. 84 of 1996 as amended or by other legislative provisions and, if so, to provide copies of the relevant legislation.