Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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 previously noted the Government’s indication that, in addition to the provisions relating to trafficking in the Act on Prostitution and the Constitution, the Government was preparing a comprehensive law to combat the crime of trafficking of persons. The Committee expressed the hope that this law would prohibit the sale and trafficking of children under 18 years for the purposes of both sexual and labour exploitation, and requested the Government to provide information on any developments made towards its adoption. The Committee notes the Government’s statement that the National Committee has completed the draft bill on combating trafficking in persons, and submitted it to the supervisory bodies to complete its promulgation. The Committee notes the Government’s statement that a copy of this law will be sent to the Committee when it is issued. The Committee encourages the Government to ensure the adoption of this draft bill on combating trafficking in persons, and to supply a copy of this text with its next report.

Article 5. Monitoring mechanisms. Ministry of Social Affairs and Labour and the labour inspectorate. In previous comments, the Committee noted that, through the Decent Work Pilot Programme (DWPP), in cooperation with the ILO, work was under way to strengthen the capacities of labour inspection employees in the agricultural and industrial sectors. The Committee requested the Government to provide information on the impact of the DWPP on strengthening the capacity of the agricultural and industrial labour inspectorate to monitor children involved in the worst forms of child labour.

The Committee notes the Government’s statement that it is currently formulating a new plan for a labour inspectorate, through the DWPP. This plan is based on strengthening the capacities of inspectors and developing mechanisms for the coordination of various bodies responsible for the implementation of the inspections, necessitated by the expanding role of the private sector, the increasing numbers of private institutions, and the expansion of the informal sector. The Committee also notes the Government’s indication that a training course for this purpose was organized in August 2009 aimed at capacity development, and that a draft law has been formulated. The Committee further notes the information in the Government’s report that an annual inspection report for 2007 has been issued. The Committee requests the Government to provide information on the impact of the measures taken to strengthen the capacities of the labour inspectorate through the DWPP on the monitoring of children working in the worst forms of child labour, particularly in the informal sector. The Committee also requests the Government to supply a copy of the draft bill on labour inspection, when it is adopted. The Committee further requests the Government to include a copy of the inspection report for 2007 with its next report, in addition to any labour inspection reports subsequently issued.

2. Trafficking. The Committee notes the Government’s statement in its written reply to the list of issues raised by the Committee on Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in connection with the consideration of the Government’s report on the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, that the Syrian Arab Republic’s geographical location makes the country an environment that is conducive to organized trafficking, despite the fact that Syrian legislation includes various provisions penalizing trafficking and the elements that constitute trafficking offences (CMW/C/SYR/Q/1/Add.1, paragraph 78). The Committee notes that the CMW recommended that the Government step up its efforts to counter migrant smuggling and trafficking in persons, especially women and children, including by taking appropriate steps to detect the illegal or clandestine movements of migrant workers and their families and punish the criminals and groups who orchestrate or assist such movements (CMW/C/SYR/CO/1, paragraph 40). The Committee requests the Government to provide information on measures taken or envisaged to strengthen anti‑trafficking monitoring mechanisms, particularly with regard to the prevention of the trafficking of children.

Article 7, paragraph 2. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information in its written reply to the list of issues raised by the CMW, that the Ministry of Social Affairs and Labour (MoSAL) has signed a Memorandum of Understanding with the International Organization for Migration on national capacity building with regard to the running of a shelter for victims of human trafficking in the Syrian Arab Republic (CMW/C/SYR/Q/1/Add.1 paragraph 80). This agreement is aimed at building and enhancing the technical capacity of government workers and of civil society associations responsible for running the shelter. The Committee requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated into society through this shelter for victims of trafficking, as well as information on any other measures taken in this regard.

Clause (d). Identify and reach out to children at special risk. Beggars and vagrant children. In previous comments, the Committee noted that the MoSAL, the Ministry of Education and a number of NGOs were in charge of developing and following up on programmes aimed at combating child begging and providing rehabilitation and social assistance to delinquent and vagrant children. The Committee noted that centres for beggars and vagrants were established, starting in Damascus, and requested the Government to indicate the number of children under 18 years who have been removed from begging and rehabilitated through these centres. The Committee notes the Government’s indication that these centres provide the necessary care and services for the accommodation of occupants, and provide them with educational services, training and vocational rehabilitation (which suit their physical capacities). The Committee further notes the statistical information on these centres included in the Government’s report, which indicates that in 2008, 1,121 persons under 18 were provided with services from this centre.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that the Government encountered various difficulties in the application of the Convention, including the lack of comprehensive integrated national systems for the collection of data and statistics and their analysis and the weak follow-up and monitoring mechanisms on cases of the employment of children. The Committee again notes that the Government provides no information on any progress made in resolving the abovementioned difficulties. It requests the Government to provide information on this point in its next report. The Committee also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, studies and inquiries and statistical data on 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 applied.