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

1. Articles 2 and 3 of the Convention. Denial of discrimination - requirement to adopt a national policy on equality. Over a number of years, the Committee has been noting the continuing statements by the Government to the effect that discrimination on the grounds listed in Article 1(1)(a) of the Convention does not exist in the Syrian Arab Republic and that no further measures are necessary, given that the principle of equality is embodied in national legislation. The Committee had repeatedly explained in this regard that such an attitude was difficult to accept because no society is free from discrimination. The denial of the existence of discrimination is a serious obstacle to addressing it and inhibits any proactive measures to be taken to promote equality in employment and occupation, as required by Articles 2 and 3 of the Convention.

2. The Committee notes with concern that the Government in its report once again merely lists the relevant legislation and continues to assert that no cases of discrimination exist in law, customs or history, or have been reported upon by the judiciary. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as an indication as to its non-existence. Hence, it feels compelled to point out that the failure to acknowledge the existence of any cases of discrimination and the lack of information on the concrete measures taken to apply fully the provisions of the Convention in practice, raises doubts as to the satisfactory application of Articles 2 and 3 of the Convention. Therefore, the Committee urges the Government to provide full information in its next report on the following points:

(a)  the measures taken or envisaged to ensure the practical application of the Convention in the public and private sectors;

(b)  statistical data disaggregated by sex, and by ethnic origin or religion if available, as well as any other information that would permit an evaluation of the progress achieved in attaining equality in employment and occupation, in law and in practice, on the basis of all the grounds set out in the Convention;

(c)  the measures taken or contemplated to promote and increase knowledge and understanding among men and women workers, including ethnic minority Kurds and Bedouins, of the legal provisions providing for equality of opportunity in employment and occupation;

(d)  the measures taken, through surveys or otherwise, to undertake an evaluation of the effectiveness of the complaint procedures, including any practical difficulties or obstacles encountered by men or women, including ethnic minority Kurds and Bedouins, in seeking judicial remedies with regard to cases of discrimination in employment and occupation on the basis of all the grounds listed in the Convention.

3. Access of women to employment and occupation. The Committee notes from the statistics provided by the Government in its report that the number of female judges (12 per cent) remains low and that, representing 20 per cent of the employees in the public sector, women constitute the largest segment of the education sector. The data further indicate that 25.5 per cent and 14 per cent of the workers employed respectively in agriculture and industry are women. In its previous observation, the Committee had welcomed the Government’s intention to address existing inequalities affecting women’s development and had requested information on the specific action taken by the responsible authorities as well as the National Women’s Confederation towards the implementation of the national strategy on women. In this regard, the Committee notes with interest that a number of laws and decrees on women have been promulgated since 2001, including Legislative Decree No. 330 of 25 September 2002 on the ratification by the Syrian Arab Republic of the Convention on the Elimination of All Forms of Discrimination against Women. The Committee requests the Government to continue to provide statistical information on the distribution of both women and men in the various sectors of economic activity and occupational groups, and at the decision-making and management levels. Please also provide information on the specific measures taken or envisaged under the national strategy on women to increase the number of female judges and promote the access of women to a wide range of occupations in both the private and public sectors, including the results achieved.

4. Access of women to vocational training and guidance. Concerning measures to promote the participation of women in non-traditional training, the Committee notes the Government’s statement that the rate of women participating in vocational training increased to 20 per cent. While welcoming this information, the Committee notes that the Government’s report does not reply to its previous request to provide a list of the recommendations made by the Fourth Conference on Educational Development (1998) related to promoting equal access of women to non-traditional training and education, as well as information on any follow-up action taken. The Committee hopes the Government will provide this information in its next report as well as any available statistics on the participation of women and men in training and education at all levels and in the various specializations, including in respect to vocational training centres.

The Committee is raising other points in a request addressed directly to the Government.