Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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.