Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s first report. It requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information that the Syrian Arab Republic signed on 13 December 2000 the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime. It also notes the Government’s statement that Syrian laws have confirmed the prohibition of child trafficking. It notes that, by virtue of sections 5 and 6 of the Act on Prostitution (Act. No. 10 of 1961), anyone who facilitates any other person to enter the Syrian Arab Republic for the purposes of prostitution or debauchery commits an offence. It also notes that, according to the Government’s initial report of 1996 to the Committee on the Rights of the Child (CRC/C/28/ADD.2, paragraphs 268‑269), sections 1-3 of the Act on Prostitution punish any act of incitement or any attempt to help children to leave the country for the purpose of engagement in acts of prostitution or debauchery. The Committee notes that no provisions appear to exist in the relevant legislation which prohibits the sale and trafficking of children for labour exploitation. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour exploitation. The Committee also requests the Government to provide a copy of Act No. 10 of 1961 with its next report.

2. Slavery and forced labour. The Committee notes that article 25 of the Constitution stipulates that freedom is a sacred right and the State protects the personal freedom of the citizens and safeguards their dignity and security. It notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/28/Add.2, paragraph 98), section 8 of the International Covenant on Civil and Political Rights, which forms part of the Syrian national legislation under the terms of Decree No. 3 of 1969, states that all forms of slavery are prohibited, including the slave trade, and no one shall be required to perform forced or compulsory labour. The Committee requests the Government to provide a copy of Decree No. 3 of 1969 with its next report.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes the Government’s information that there is no armed conflict or operations involving children inside the Syrian Arab Republic. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/28/Add.2, paragraph 338), section 6 of the Military Service Act promulgated by Legislative Decree no. 115 of 1993, as amended, states that “every Syrian is required to perform compulsory military service on reaching the age at which it becomes obligatory. The said age begins on the first day of the month of January in the year in which he reaches the age of 19 years”. The Committee requests the Government to provide a copy of this text in its next report.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 510 of the Penal Code, anyone, in order to satisfy the passions of others, hires, trains or corrupts a woman or a girl who has not turned 21 years of age, even with her consent, commits an offence. Section 511 punishes anyone who retains against his/her will, a person in a house of debauchery, or who forces this person into prostitution. Section 512 punishes anyone who facilitates prostitution and section 513 punishes anyone living off the profits of prostitution. The Committee notes the Government’s information that Act No. 10 of 1961 on prostitution punishes anyone who uses, incites or tempts another person, male or female, for the purposes of committing prostitution or debauchery, through deceit, force, threat or abuse of power (sections 3 and 4).

2. Use, procuring or offering of a child for pornography or pornographic performances. The Committee notes the Government’s information that section 519 of the Penal Code states that any person who manufactures, exports, imports or is found in possession of publications, photos, films or signs or any other obscene objects for the purpose of trafficking, distribution, or was found to know the way of obtaining it, commits an offence. It notes that the Penal Code also punishes the incitement of young persons under 18 years to debauchery or corruption (section 509). The Committee notes the Government’s statement that, instead of formulating a special legal provision for children, the penalty is increased when children are used in such acts or when such a crime is committed by the child’s parents, or by a guardian. It further notes the Government’s information that Act No. 50 of 2001 on publications punishes any person who behaves in a manner which is contrary to public morals, such as through photos, leaflets, publications and films (section 50). It notes that, according to the Government, Order No. 472/n of 22 June 2004 regulates the work of Internet cafes. This Order also emphasizes the importance of ensuring health and security conditions at such cafes and the need to secure the procedures which hinder visiting pornographic sites especially for children under 18.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. The Committee notes that section 39 of the Narcotic Drugs Law No. 12 of 1993 punishes: (a) anyone who smuggles narcotic drugs (including the traffic and illicit transport of narcotic drugs in transit); (b) anyone who manufactures narcotic drugs, in circumstances other than those authorized by this law; (c) anyone who cultivates any of the plants listed in Schedule No. 4, in circumstances other than those authorized by this law, or who smuggles such plants in any stage of their growth, or who smuggles their seeds. According to section 39(b)(iii), the use of a minor in the perpetration of one of the offences provided for in this provision, constitutes an aggravating circumstance. The Committee notes that section 604 of the Penal Code punishes anyone who, for personal gain, induces a minor under 18 years to beg.

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee notes that section 124(c) of the Labour Code, as amended by the Law No. 24 of 2000, provides that the Minister may prohibit the employment of young persons under 18 years in some industries. The Committee notes that Order No. 183 of 2001, based on section 124(c) of the Labour Code, identifies 50 industries and occupations in which young persons under 18 years shall not be employed, such as: underground work in mines and quarries; work with blast furnaces for mineral smelting; work involving the manufacture of lead; work involving the manufacture and preparation of benzyls, chlorides, petroleum and a number of poisoning substances; work involving the manufacture of explosives; slaughter and skinning of animals; work with any source of harmful radiation; loading, unloading and handling of goods in ports, yards and railway stations. Section 3 of this Order further states that young persons under 18 years of age may not be employed in lifting, pulling or pushing heavy weights exceeding the weight indicated in the annexed tables.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Ministry of Social Affairs and Labour and the labour inspectorate. The Committee notes the Government’s information that the Ministry of Social Affairs and Labour collaborates with a number of bodies to give effect the provisions of the Convention, such as the Ministries of the Interior, Justice, Information, Foreign Affairs and Education, the Syrian Authority for Family Affairs, the Authority on State Planning, the Central Office for Statistics, popular organizations and civil society associations. It also notes the Government’s information that the Ministry of Social Affairs and Labour follows up on the application and implementation of the Convention through the labour inspectorate, located all over the country and through inspections of agricultural, commercial and industrial undertakings besides the work carried out by the social security inspectors also attached to the Ministry. According to section 212 of the Labour Code, inspectors are entitled to enter workplaces and carry out inspections by day and night, within or outside working hours and during holidays, and can examine any books, records and documents kept by employers or their representatives. It notes the Government’s information that the Ministry of Social Affairs and Labour issued the necessary circulars in the governorates in order to intensify inspections in agricultural, commercial and industrial undertakings. Furthermore, a project for the establishment and rehabilitation of the agricultural and industrial labour inspectorate in collaboration with the ILO Office in Beirut and with the Ministry of Labour of Jordan will be set up. The Committee asks the Government to continue providing information on the activities of the labour inspectorate. It also requests the Government to provide information on the implementation of the project for the establishment and rehabilitation of the agricultural and industrial labour inspectorate.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes that, notwithstanding the launch by the Government of numerous initiatives generally aimed at protecting children, no programmes of action seem to have been adopted aimed at eliminating the worst forms of child labour. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter or urgency. The Committee accordingly requests the Government to design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the Syrian Arab Republic.

Article 7, paragraph 1. Penalties. The Committee notes that sufficiently dissuasive and effective penalties of imprisonment are imposed on anyone who commits the following offences: trafficking for the purpose of prostitution (sections 1, 3, 5 and 6 of Act No. 10 of 1961); incitement to prostitution (sections 3 and 4 of Act No. 10 of 1961); manufacture, import or export of obscene material (section 519 of the Penal Code). It also notes that section 216 of the Labour Code, as amended by Law No. 24 of 2000, provides that any person who violates the provisions of sections 124, 125 and 126 relating to the employment of children and young persons, including the prohibition of hazardous work, shall be liable to a maximum fine of 1,000 Syrian liras. The Committee requests the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Commercial sexual exploitation. The Committee notes the Government’s information that the Syrian Authority for Family Affairs has set up national committees for the protection of women and children against violence and exploitation in all forms. Moreover, the Syrian Authority for Family Affairs is currently examining the possibility of determining the extent of sexual exploitation of children and child labour in a precise manner. The Committee notes the Government’s information that collaboration was ensured between the Rainbow Foundation for a Better Childhood and UNICEF to set up a national team for child protection against sexual exploitation in May 2005. A symposium on child protection was held on 9-11 December 2004 in collaboration with the Rainbow Foundation for a Better Childhood, the Association of Psychologists in Syria, the Syrian Authority for Family Affairs, UNICEF and ISPCAN. The Committee requests the Government to continue providing information on the initiatives of the Syrian Authority for Family Affairs and their impact on preventing children from being engaged in commercial sexual exploitation.

2. Ensuring access to free basic education. The Committee notes the Government’s information that it gives great attention to education. In particular, it ensures the setting up of schools in all population agglomerations and seeks to upgrade educational techniques. It notes the Government’s information that education is provided free of charge in all phases, and is compulsory in the primary phase of education until the age of 15 years (by virtue of Law No. 32 of 2002). It notes the Government’s information that the Ministry of Education implements the Compulsory Basic Education Act (No. 35 of 1981) and follows up on the implementation of illiteracy eradication programmes formulated by the Upper Council for Illiteracy Eradication and the monitoring of programmes against students dropping out of schools, in collaboration with UNICEF and UNESCO. Furthermore, several ministries, such as the Ministry of Culture, the Ministry of Local Administration and the Ministry of Information contribute to the issue of education. The Committee finally notes that, in its Periodic Reports to the Committee on the Rights of the Child, (CRC/C/93/Add.2, 18 October 2002, paragraph 135) the Government stated that, with regard to the mechanisms created to guarantee all children, including girls and boys with special needs and children living in particularly difficult circumstances, access to education, special schools have been set up for children with different categories of special needs.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of sexual commercial exploitation. The Committee notes the Government’s information that collaboration was ensured between the Ministry of Social Affairs and Labour and some NGOs to upgrade two centres for the protection of women and children against exploitation and violence. It also notes that the National Plan for Child Protection against Violence has envisaged the setting up of a special centre for the protection of children who are victims of violence and sexual exploitation. The centre will secure the protection of such children and provide for their rehabilitation and social reintegration. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been rehabilitated through the abovementioned centres.

Clause (d). Identify and reach out to children at special risk. Beggars and vagrant children. The Committee notes the Government’s information that the Ministry of Social Affairs and Labour follows up on development and social care programmes for children through centres for the rehabilitation of delinquent and vagrant children. The Ministry of Education monitors the programmes on fighting, begging and providing for social assistance, which are provided by the Ministry of Social Affairs and Labour in collaboration with NGOs. The Committee notes the Government’s information that a number of NGOs in the Syrian Arab Republic were set up with the aim of, amongst others, protecting children against begging and employment. One such example includes the Child Protection in Homes set up in 2005. The Committee requests the Government to continue providing information on measures aimed at protecting and removing child beggars and vagrant children from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s information that the Syrian Arab Republic collaborates with international organizations, such as the ILO, the Arab Labour Organization, UNICEF, UNIFEM, UNDP and some NGOs working on child protection, such as ISPCAN, in order to improve the situation of children. The Syrian Arab Republic also collaborates with the United Nations High Commissioner for Refugees with the aim of securing appropriate conditions for refugees, especially children. It further offers all facilities to UNRWA. The Committee notes the Government’s information that the Syrian Arab Republic signed a Partnership Agreement with the European Union on 19 October 2004, which is expected to lead to a qualitative improvement in the process of development. Collaboration is also ensured with Japan through its numerous grants and loans aimed at combating poverty.

Part III of the report form. The Committee notes the Government’s statement that competent Syrian courts have rendered different sentences on child labour in fields specified in the Convention. The Committee requests the Government to provide a copy of such sentences with its next report.

Part IV of the report form. The Committee notes the Government’s information that it encountered the following difficulties in the application of the Convention: (a) the lack of comprehensive integrated national systems for the collection of data and statistics and their analysis; (b) the weak follow-up and monitoring mechanisms in cases of aggression on children and their employment; (c) the lack of specialized judges on children’s issues; (d) the lack of specialized centres (due to poor financial resources) for protection of child victims, for treatment after aggression and for their reintegration into the society. In this regard, the Committee notes the Government’s information that the Syrian Authority for Family Affairs, in collaboration with the Judicial Institute, is currently examining a programme to train judges in order to enable them to deal with children’s issues. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including any progress made with regard to the abovementioned difficulties encountered in the implementation of the Convention.

Part V of the report form. The Committee notes the Government’s information that the annual inspection report pursuant to Convention No. 81, and the report on the inspection of agricultural work pursuant to Convention No. 129, are regularly sent to the Office once they are issued. These reports contain information on the number and nature of violations reported, and the penalties imposed. The Committee notes that, according to the Labour Inspection Annual Report of 2001, a total of 3,380 general inspections were undertaken in 2001, covering all the 12 governorates. The table annexed to the inspection report indicates the number of adolescent workers as 275, but it contains no information on the number and nature of infringements reported regarding children. The Committee notes the Government’s information that no cases of trafficking in humans for exploitation purposes were reported. Moreover, no field statistics and studies on child labour are available. The Committee requests the Government to continue supplying copies or extracts of inspection reports, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also requests the Government to provide, as soon as it becomes available, information on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.