Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République arabe syrienne (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the Government’s indication that it was preparing a comprehensive law to combat the crime of trafficking in persons and that a copy of this law would be sent to the Committee when promulgated. In this regard, 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.

The Committee notes the Government’s statement that Legislative Decree No. 3 of 2010, which relates to human trafficking crimes, has been adopted. The Government states that this law aims to prohibit and combat human trafficking and to pay special attention to women and children who are victims of this crime. The Committee requests the Government to provide a copy of Legislative Decree No. 3 of 2010 with its next report.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted 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), that the Syrian Arab Republic’s geographical location makes the country an environment that is conducive to organized trafficking (3 April 2008, CMW/C/SYR/Q/1/Add.1, paragraph 78). The Committee also noted the CMW’s recommendation that the Government step up its efforts to counter migrant smuggling and trafficking in persons, especially women and children (CMW/C/SYR/CO/1, paragraph 40).

The Committee notes the information in the Government’s report that Legislative Decree No. 3 of 2010 establishes the Department to Combat Human Trafficking in Persons. The Government indicates that this Department will be responsible for regulating and providing a database on investigations (including statistical data on human trafficking), and will provide relevant bodies with this information. The Committee requests the Government to provide information on specific measures taken by the Department to Combat Human Trafficking in Persons with regard to combating child trafficking. It also requests the Government to provide up-to-date statistical information from the database run by this Department pertaining to cases of trafficking involving victims under the age of 18, including information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Ministry of Social Affairs and Labour and the labour inspectorate. In previous comments, the Committee noted that, through the Decent Work Pilot Programme (DWPP), measures would be taken to increase the capacities of labour inspection employees in the agricultural and industrial sectors. The Government indicated that it was formulating a plan for the labour inspectorate in this regard and was developing mechanisms for the coordination of various bodies responsible for the implementation of inspections.

The Committee notes the statement in the Government’s report that, through the Capacity-Building Programme for labour inspectors and the National Programme for the Elimination of Worst Forms of Child Labour, three training and rehabilitation courses were held for labour inspectors in the agricultural and industrial sectors. The Government indicates that these courses also included training on occupational health and safety with regard to child labour. The Committee also notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 2 June 2010 that the second phase of the DWPP will focus on children working in industry in Aleppo and in agriculture in Dayr al-Zawr (CRC/C/SYR/3-4, paragraph 284). The Committee requests the Government to provide information on the impact of the measures taken within the framework of the DWPP with regard to strengthening the capacity of the labour inspectorate to monitor the worst forms of child labour.

Article 7(2). Effective and time-bound measures. 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 previously noted the Government’s indication that the Ministry of Social Affairs and Labour had signed a Memorandum of Understanding with the International Organization for Migration (IOM) on national capacity building with regard to the running of a shelter for victims of human trafficking in the Syrian Arab Republic.

The Committee notes the information in the Government’s report that, through the National Programme for the Elimination of the Worst Forms of Child Labour, in collaboration with the ILO, it intends to establish a centre for the rehabilitation of children, focused on their reintegration. The Government also indicates that the Ministry of Social Affairs and Labour has upgraded its social support centres through this Programme. Moreover, the Committee notes the Government’s statement that Legislative Decree No. 3 of 2010 includes measures to upgrade a shelter for the care of human trafficking victims. It also notes the Government’s statement, in its report to the CRC of 2 June 2010, that a shelter for victims of human trafficking was opened in Damascus on 31 December 2008, through collaboration with the IOM, and that another shelter for this purpose is intended for Aleppo (CRC/C/SYR/3-4, paragraph 158). The Committee once again requests the Government to provide information on the number of child victims of trafficking who have benefited from appropriate services from the shelters established for victims of trafficking and the support centres of the Ministry of Social Affairs and Labour.

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 and analysis of data and weak follow-up and monitoring mechanisms on cases of the employment of children.

The Committee notes the information in the Government’s report that it is undertaking an analytical study on the situation of child labour in Syria, in collaboration with the ILO and UNICEF. The Government indicates that a database is being developed on the subject. The Committee requests the Government to provide information from the analytical study on child labour in the Syrian Arab Republic, with its next report, particularly information related to the nature, extent and trends of the worst forms of child labour, and the number of children covered by the measures giving effect to the Convention.