Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Syrian Arab Republic (RATIFICATION: 1960)

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report contains limited information and does not address in full the points raised by the Committee previously.

Article 1 of the Convention. Legislation. Prohibited grounds. In its previous comment, the Committee requested the Government to clarify the meaning of the terms “belief” and “descent” mentioned in section 2 of the new Labour Law. Noting that the Government’s report is silent on this point, the Committee wishes to refer to its 2012 General Survey on the fundamental Conventions, where it recalled that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, (paragraph 853). The Committee thus firmly hopes that the Government will clarify the terms:

• (i) “descent” in section 2 of the Labour Law and whether it covers discrimination on the basis of “social origin” (including cases concerning persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population, or persons with an ethnic minority background) or “national extraction” (covering a person’s place of birth, ancestry or foreign origin); and
• (ii) “belief” in section 2 of the Labour Law.

The Committee asks the Government to provide copies of relevant court decisions illustrating the meaning of the above-mentioned grounds of discrimination.

Scope of application. In its previous comment, the Committee asked the Government to identify the measures taken to ensure that categories of workers excluded from the scope of the Labour Law (such as workers subject to the Agricultural Relations Law, domestic workers and similar categories) enjoy protection against direct and indirect discrimination, as required by the Convention. The Committee notes the Government’s repeated statement in its report that, pursuant to section 5(a) and (b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. In this regard, it wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope as regards individuals or branches of activity (see General Survey of 2012 on fundamental Conventions, paragraph 733). Consequently, the Committee asks the Government to indicate how it is ensured in practice that these workers enjoy the protection of the Convention against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. Please also provide a copy of any judicial decisions taken in this regard.

Women domestic workers. Previously, the Committee urged the Government (i) to identify all the measures taken to ensure that both national and foreign domestic workers benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation; (ii) to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work; (iii) to indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force; and (iv) provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers. The Committee notes that both Decree No. 65 of 2013 (section 24) regulating the recruitment of migrant domestic workers by private employment agencies and Law No. 10 of 2014 (section 21) regulating the recruitment of national domestic workers, prohibit private recruiters and potential employers from discriminating against a domestic worker based on race, colour, sex, belief, nationality, social origin, appearance and dress codes. The Committee notes that under the above-mentioned legislation, protection is provided only in respect of certain grounds, and that grounds such as political opinion, national exaction, and social origin have not been covered. In this regard, the Committee wishes to point out that the seven grounds listed in the Convention represent a minimum standard on which agreement was reached by member States in 1958 and recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a)of the Convention. Consequently, the Committee asks the Government to amend Decree No. 65 and Law No. 10 to insert additional grounds of discrimination such as political opinion, national exaction, and social origin in order to guarantee that national and foreign domestic workers are protected against discrimination in law and in practice, as required by the Convention. It also asks the Government to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, noting the impact of the conflict on the lives of women and girls, in particular women in rural areas, and women heads of households, as identified by the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43), the Committee urged the Government to take all the necessary steps to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. In the absence of relevant information in the Government’s report, the Committee wishes to underline that, in a conflict situation, the deterioration of the economy has a negative impact on the employment opportunities of both men and women and, consequently, on the enjoyment of their economic and social rights. In this regard, the Committee wishes to point out that women are affected by armed conflict in distinct ways, as they are particularly susceptible to the marginalization, poverty and suffering engendered by armed conflict, especially when they are already victims of discrimination in peacetime. Therefore, the Committee again notes the impact of the conflict on the lives of women and girls, in particular rural women, and heads of households, and again urges the Government to take proactive measures: (i) to ensure that the current conflict does not exacerbate discrimination based on gender by impeding access to economic opportunities for women affected by the conflict, in particular women heads of household and women in rural areas; and (ii) to address harassment and gender-based violence against women, which affect their rights under the Convention. The Committee again urges the Government to take all necessary steps to address the precarious situation of in particular rural women and heads of households, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their work.

Sexual harassment. In the absence of information on this point, the Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law of 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Article 2. General Observation of 2018. The Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 3(c) and 5. Restriction on women’s access to employment. In its previous comment, the Committee requested the Government to take steps to review Order No. 16 of 2010 (implementing section 120 of the Labour Law) to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection and not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs. It also requested the Government to take steps to amend section 139 of the Personal Status Act limiting the right of women guardians of children to work. The Committee notes the Government’s indication that Ministerial Order No. 16 of 2010 was repealed and Order No. 482 of 16 February of 2017 regulating the work of women was promulgated. The Committee notes that Order No. 482 contains a list of tasks prohibited for women to undertake work involving exposure to radioactive materials (section 4) preparation of metal compounds containing more than 10 per cent lead (section 4(1)); manufacturing of leather tanning and all related work (section 4(11)). In this regard, the Committee notes that, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health (see General Survey of 2012 on fundamental Conventions, paragraph 840). Noting that currently the focus is on removing risks from workplaces rather than excluding women from hazardous occupations, the Committee asks the Government to indicate measures taken or envisaged to ensure that workplaces are safer for all workers, regardless of their sex. In the absence of any information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee reiterates its request to the Government to amend section 139 of the Personal Status Act.

Social security. The Committee previously noted that section 60(a) of the Social Security Law of 1959 providing that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee noted that this provision constitute discrimination based on sex, as it reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. The Committee notes the Government’s indication that section 60(a) of the Social Security Law of 1959, became section 58 (a) after a re-ordering of the law’s sections by virtue of Law No. 28 of 2014. The Committee notes however that section 58(a) has been drafted in the same way as the previous section 60. Consequently, the Committee once again asks the Government to take the necessary measures to repeal section 58(a) of the Social Security Law of 2014 and to provide information on the progress made in this regard.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report contains limited information and does not address in full the points raised by the Committee previously.

Article 1 of the Convention. Legislation. Prohibited grounds. In its previous comment, the Committee requested the Government to clarify the meaning of the terms “belief” and “descent” mentioned in section 2 of the new Labour Law. Noting that the Government’s report is silent on this point, the Committee wishes to refer to its 2012 General Survey on the fundamental Conventions, where it recalled that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, (paragraph 853). The Committee thus firmly hopes that the Government will clarify the terms:

• (i) “descent” in section 2 of the Labour Law and whether it covers discrimination on the basis of “social origin” (including cases concerning persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population, or persons with an ethnic minority background) or “national extraction” (covering a person’s place of birth, ancestry or foreign origin); and
• (ii) “belief” in section 2 of the Labour Law.

The Committee asks the Government to provide copies of relevant court decisions illustrating the meaning of the abovementioned grounds of discrimination.

Scope of application. In its previous comment, the Committee asked the Government to identify the measures taken to ensure that categories of workers excluded from the scope of the Labour Law (such as workers subject to the Agricultural Relations Law, domestic workers and similar categories) enjoy protection against direct and indirect discrimination, as required by the Convention. The Committee notes the Government’s repeated statement in its report that, pursuant to section 5(a) and (b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. In this regard, it wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope as regards individuals or branches of activity (see General Survey of 2012 on fundamental Conventions, paragraph 733).Consequently, the Committee asks the Government to indicate how it is ensured in practice that these workers enjoy the protection of the Convention against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. Please also provide a copy of any judicial decisions taken in this regard.

Women domestic workers. Previously, the Committee urged the Government (i) to identify all the measures taken to ensure that both national and foreign domestic workers benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation; (ii) to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work; (iii) to indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force; and (iv) provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers. The Committee notes that both Decree No. 65 of 2013 (section 24) regulating the recruitment of migrant domestic workers by private employment agencies and Law No. 10 of 2014 (section 21) regulating the recruitment of national domestic workers, prohibit private recruiters and potential employers from discriminating against a domestic worker based on race, color, sex, belief, nationality, social origin, appearance and dress codes. The Committee notes that under the abovementioned legislation, protection is provided only in respect of certain grounds, and that grounds such as political opinion, national exaction, and social origin have not been covered. In this regard, the Committee wishes to point out that the seven grounds listed in the Convention represent a minimum standard on which agreement was reached by member States in 1958 and recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a)of the Convention.Consequently, the Committee asks the Government to amend Decree No. 65 and Law No. 10 to insert additional grounds of discrimination such as political opinion, national exaction, and social origin in order to guarantee that national and foreign domestic workers are protected against discrimination in law and in practice, as required by the Convention. It also asks the Government to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, noting the impact of the conflict on the lives of women and girls, in particular women in rural areas, and women heads of households, as identified by the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43), the Committee urged the Government to take all the necessary steps to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. In the absence of relevant information in the Government’s report, the Committee wishes to underline that, in a conflict situation, the deterioration of the economy has a negative impact on the employment opportunities of both men and women and, consequently, on the enjoyment of their economic and social rights. In this regard, the Committee wishes to point out that women are affected by armed conflict in distinct ways, as they are particularly susceptible to the marginalization, poverty and suffering engendered by armed conflict, especially when they are already victims of discrimination in peacetime.Therefore, the Committee again notes the impact of the conflict on the lives of women and girls, in particular rural women, and heads of households, and again urges the Government to take proactive measures: (i) to ensure that the current conflict does not exacerbate discrimination based on gender by impeding access to economic opportunities for women affected by the conflict, in particular women heads of household and women in rural areas; and (ii) to address harassment and gender-based violence against women, which affect their rights under the Convention. The Committee again urges the Government to take all necessary steps to address the precarious situation of in particular rural women and heads of households, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their work.

Sexual harassment. In the absence of information on this point, the Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law of 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Article 2. General Observation of 2018. The Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 3(c) and 5. Restriction on women’s access to employment. In its previous comment, the Committee requested the Government to take steps to review Order No. 16 of 2010 (implementing section 120 of the Labour Law) to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection and not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs. It also requested the Government to take steps to amend section 139 of the Personal Status Act limiting the right of women guardians of children to work. The Committee notes the Government’s indication that Ministerial Order No. 16 of 2010 was repealed and Order No. 482 of 16 February of 2017 regulating the work of women was promulgated. The Committee notes that Order No. 482 contains a list of tasks prohibited for women to undertake work involving exposure to radioactive materials (section 4) preparation of metal compounds containing more than 10 per cent lead (section 4(1)); manufacturing of leather tanning and all related work (section 4(11)). In this regard, the Committee notes that, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health (see General Survey of 2012 on fundamental Conventions, paragraph 840).Noting that currently the focus is on removing risks from workplaces rather than excluding women from hazardous occupations, the Committee asks the Government to indicate measures taken or envisaged to ensure that workplaces are safer for all workers, regardless of their sex. In the absence of any information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee reiterates its request to the Government to amend section 139 of the Personal Status Act.

Social security. The Committee previously noted that section 60(a) of the Social Security Law of 1959 providing that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee noted that this provision constitute discrimination based on sex, as it reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. The Committee notes the Government’s indication that section 60(a) of the Social Security Law of 1959, became section 58 (a) after a re-ordering of the law’s sections by virtue of Law No. 28 of 2014. The Committee notes however that section 58(a) has been drafted in the same way as the previous section 60.Consequently, the Committee once again asks the Government to take the necessary measures to repeal section 58(a) of the Social Security Law of 2014 and to provide information on the progress made in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report contains limited information and does not address in full the points raised by the Committee previously.

Article 1 of the Convention. Legislation. Prohibited grounds. In its previous comment, the Committee requested the Government to clarify the meaning of the terms “belief” and “descent” mentioned in section 2 of the new Labour Law. Noting that the Government’s report is silent on this point, the Committee wishes to refer to its 2012 General Survey on the fundamental Conventions, where it recalled that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, (paragraph 853). The Committee thus firmly hopes that the Government will clarify the terms:

• (i) “descent” in section 2 of the Labour Law and whether it covers discrimination on the basis of “social origin” (including cases concerning persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population, or persons with an ethnic minority background) or “national extraction” (covering a person’s place of birth, ancestry or foreign origin); and
• (ii) “belief” in section 2 of the Labour Law.

The Committee asks the Government to provide copies of relevant court decisions illustrating the meaning of the abovementioned grounds of discrimination.

Scope of application. In its previous comment, the Committee asked the Government to identify the measures taken to ensure that categories of workers excluded from the scope of the Labour Law (such as workers subject to the Agricultural Relations Law, domestic workers and similar categories) enjoy protection against direct and indirect discrimination, as required by the Convention. The Committee notes the Government’s repeated statement in its report that, pursuant to section 5(a) and (b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. In this regard, it wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope as regards individuals or branches of activity (see General Survey of 2012 on fundamental Conventions, paragraph 733). Consequently, the Committee asks the Government to indicate how it is ensured in practice that these workers enjoy the protection of the Convention against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. Please also provide a copy of any judicial decisions taken in this regard.

Women domestic workers. Previously, the Committee urged the Government (i) to identify all the measures taken to ensure that both national and foreign domestic workers benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation; (ii) to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work; (iii) to indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force; and (iv) provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers. The Committee notes that both Decree No. 65 of 2013 (section 24) regulating the recruitment of migrant domestic workers by private employment agencies and Law No. 10 of 2014 (section 21) regulating the recruitment of national domestic workers, prohibit private recruiters and potential employers from discriminating against a domestic worker based on race, color, sex, belief, nationality, social origin, appearance and dress codes. The Committee notes that under the abovementioned legislation, protection is provided only in respect of certain grounds, and that grounds such as political opinion, national exaction, and social origin have not been covered. In this regard, the Committee wishes to point out that the seven grounds listed in the Convention represent a minimum standard on which agreement was reached by member States in 1958 and recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. Consequently, the Committee asks the Government to amend Decree No. 65 and Law No. 10 to insert additional grounds of discrimination such as political opinion, national exaction, and social origin in order to guarantee that national and foreign domestic workers are protected against discrimination in law and in practice, as required by the Convention. It also asks the Government to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, noting the impact of the conflict on the lives of women and girls, in particular women in rural areas, and women heads of households, as identified by the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43), the Committee urged the Government to take all the necessary steps to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. In the absence of relevant information in the Government’s report, the Committee wishes to underline that, in a conflict situation, the deterioration of the economy has a negative impact on the employment opportunities of both men and women and, consequently, on the enjoyment of their economic and social rights. In this regard, the Committee wishes to point out that women are affected by armed conflict in distinct ways, as they are particularly susceptible to the marginalization, poverty and suffering engendered by armed conflict, especially when they are already victims of discrimination in peacetime. Therefore, the Committee again notes the impact of the conflict on the lives of women and girls, in particular rural women, and heads of households, and again urges the Government to take proactive measures: (i) to ensure that the current conflict does not exacerbate discrimination based on gender by impeding access to economic opportunities for women affected by the conflict, in particular women heads of household and women in rural areas; and (ii) to address harassment and gender-based violence against women, which affect their rights under the Convention. The Committee again urges the Government to take all necessary steps to address the precarious situation of in particular rural women and heads of households, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their work.

Sexual harassment. In the absence of information on this point, the Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law of 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Article 2. General Observation of 2018. The Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 3(c) and 5. Restriction on women’s access to employment. In its previous comment, the Committee requested the Government to take steps to review Order No. 16 of 2010 (implementing section 120 of the Labour Law) to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection and not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs. It also requested the Government to take steps to amend section 139 of the Personal Status Act limiting the right of women guardians of children to work. The Committee notes the Government’s indication that Ministerial Order No. 16 of 2010 was repealed and Order No. 482 of 16 February of 2017 regulating the work of women was promulgated. The Committee notes that Order No. 482 contains a list of tasks prohibited for women to undertake work involving exposure to radioactive materials (section 4) preparation of metal compounds containing more than 10 per cent lead (section 4(1)); manufacturing of leather tanning and all related work (section 4(11)). In this regard, the Committee notes that, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health (see General Survey of 2012 on fundamental Conventions, paragraph 840). Noting that currently the focus is on removing risks from workplaces rather than excluding women from hazardous occupations, the Committee asks the Government to indicate measures taken or envisaged to ensure that workplaces are safer for all workers, regardless of their sex. In the absence of any information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee reiterates its request to the Government to amend section 139 of the Personal Status Act.

Social security. The Committee previously noted that section 60(a) of the Social Security Law of 1959 providing that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee noted that this provision constitute discrimination based on sex, as it reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. The Committee notes the Government’s indication that section 60(a) of the Social Security Law of 1959, became section 58 (a) after a re-ordering of the law’s sections by virtue of Law No. 28 of 2014. The Committee notes however that section 58(a) has been drafted in the same way as the previous section 60. Consequently, the Committee once again asks the Government to take the necessary measures to repeal section 58(a) of the Social Security Law of 2014 and to provide information on the progress made in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report contains limited information and does not address in full the points raised by the Committee previously.

Article 1 of the Convention. Legislation. Prohibited grounds. In its previous comment, the Committee requested the Government to clarify the meaning of the terms “belief” and “descent” mentioned in section 2 of the new Labour Law. Noting that the Government’s report is silent on this point, the Committee wishes to refer to its 2012 General Survey on the fundamental Conventions, where it recalled that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, (paragraph 853). The Committee thus firmly hopes that the Government will clarify the terms:

(i) “descent” in section 2 of the Labour Law and whether it covers discrimination on the basis of “social origin” (including cases concerning persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population, or persons with an ethnic minority background) or “national extraction” (covering a person’s place of birth, ancestry or foreign origin); and

(ii) “belief” in section 2 of the Labour Law.

The Committee asks the Government to provide copies of relevant court decisions illustrating the meaning of the abovementioned grounds of discrimination.

Scope of application. In its previous comment, the Committee asked the Government to identify the measures taken to ensure that categories of workers excluded from the scope of the Labour Law (such as workers subject to the Agricultural Relations Law, domestic workers and similar categories) enjoy protection against direct and indirect discrimination, as required by the Convention. The Committee notes the Government’s repeated statement in its report that, pursuant to section 5(a) and (b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. In this regard, it wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope as regards individuals or branches of activity (see General Survey of 2012 on fundamental Conventions, paragraph 733). Consequently, the Committee asks the Government to indicate how it is ensured in practice that these workers enjoy the protection of the Convention against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. Please also provide a copy of any judicial decisions taken in this regard.

Women domestic workers. Previously, the Committee urged the Government (i) to identify all the measures taken to ensure that both national and foreign domestic workers benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation; (ii) to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work; (iii) to indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force; and (iv) provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers. The Committee notes that both Decree No. 65 of 2013 (section 24) regulating the recruitment of migrant domestic workers by private employment agencies and Law No. 10 of 2014 (section 21) regulating the recruitment of national domestic workers, prohibit private recruiters and potential employers from discriminating against a domestic worker based on race, color, sex, belief, nationality, social origin, appearance and dress codes. The Committee notes that under the abovementioned legislation, protection is provided only in respect of certain grounds, and that grounds such as political opinion, national exaction, and social origin have not been covered. In this regard, the Committee wishes to point out that the seven grounds listed in the Convention represent a minimum standard on which agreement was reached by member States in 1958 and recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. Consequently, the Committee asks the Government to amend Decree No. 65 and Law No. 10 to insert additional grounds of discrimination such as political opinion, national exaction, and social origin in order to guarantee that national and foreign domestic workers are protected against discrimination in law and in practice, as required by the Convention. It also asks the Government to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, noting the impact of the conflict on the lives of women and girls, in particular women in rural areas, and women heads of households, as identified by the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43), the Committee urged the Government to take all the necessary steps to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. In the absence of relevant information in the Government’s report, the Committee wishes to underline that, in a conflict situation, the deterioration of the economy has a negative impact on the employment opportunities of both men and women and, consequently, on the enjoyment of their economic and social rights. In this regard, the Committee wishes to point out that women are affected by armed conflict in distinct ways, as they are particularly susceptible to the marginalization, poverty and suffering engendered by armed conflict, especially when they are already victims of discrimination in peacetime. Therefore, the Committee again notes the impact of the conflict on the lives of women and girls, in particular rural women, and heads of households, and again urges the Government to take proactive measures: (i) to ensure that the current conflict does not exacerbate discrimination based on gender by impeding access to economic opportunities for women affected by the conflict, in particular women heads of household and women in rural areas; and (ii) to address harassment and gender-based violence against women, which affect their rights under the Convention. The Committee again urges the Government to take all necessary steps to address the precarious situation of in particular rural women and heads of households, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their work.

Sexual harassment. In the absence of information on this point, the Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law of 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Article 2. General Observation of 2018. The Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 3(c) and 5. Restriction on women’s access to employment. In its previous comment, the Committee requested the Government to take steps to review Order No. 16 of 2010 (implementing section 120 of the Labour Law) to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection and not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs. It also requested the Government to take steps to amend section 139 of the Personal Status Act limiting the right of women guardians of children to work. The Committee notes the Government’s indication that Ministerial Order No. 16 of 2010 was repealed and Order No. 482 of 16 February of 2017 regulating the work of women was promulgated. The Committee notes that Order No. 482 contains a list of tasks prohibited for women to undertake work involving exposure to radioactive materials (section 4) preparation of metal compounds containing more than 10 per cent lead (section 4(1)); manufacturing of leather tanning and all related work (section 4(11)). In this regard, the Committee notes that, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health (see General Survey of 2012 on fundamental Conventions, paragraph 840). Noting that currently the focus is on removing risks from workplaces rather than excluding women from hazardous occupations, the Committee asks the Government to indicate measures taken or envisaged to ensure that workplaces are safer for all workers, regardless of their sex. In the absence of any information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee reiterates its request to the Government to amend section 139 of the Personal Status Act.

Social security. The Committee previously noted that section 60(a) of the Social Security Law of 1959 providing that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee noted that this provision constitute discrimination based on sex, as it reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. The Committee notes the Government’s indication that section 60(a) of the Social Security Law of 1959, became section 58 (a) after a re-ordering of the law’s sections by virtue of Law No. 28 of 2014. The Committee notes however that section 58(a) has been drafted in the same way as the previous section 60. Consequently, the Committee once again asks the Government to take the necessary measures to repeal section 58(a) of the Social Security Law of 2014 and to provide information on the progress made in this regard.

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Article 1 of the Convention. The Committee recalls that section 2(a) of the Labour Law 2010, which contains specific provisions promoting equality of opportunity and treatment, and prohibiting discrimination in a range of areas, refers to the grounds of “descent” and “belief”. The Committee requests the Government to clarify whether the term “belief” in section 2 of the new Labour Law is intended to cover religion and whether the term discrimination on the basis of “descent” covers discrimination on the basis of social origin, and to provide it with any judicial decisions on the meaning of these terms.

Scope of application. The Committee recalls that section 5 of the new Labour Law excludes from its scope certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic workers and similar categories. The Government previously indicated that, pursuant to section 5(b) of the Labour Law, the working conditions of domestic, casual and part-time workers are regulated by their contracts. The Committee notes that the Government’s report does not contain any further information demonstrating the effective protection, in law and practice, of these workers against discrimination in employment and occupation based on the grounds of the Convention. The Committee therefore once again requests the Government to indicate the measures taken to ensure that the categories of workers excluded from the scope of the Labour Law enjoy protection against direct and indirect discrimination, as required by the Convention.

Women domestic workers. The Committee recalls that Prime Ministerial Decision No. 81 of 2006 provides that women domestic workers, with some exceptions, can be “returned” by the employer for “any reason whatsoever” (section 15), which could, in practice, lead to arbitrary dismissals based on discriminatory grounds. Furthermore, section 17 permits the repatriation of women domestic workers if found pregnant already before entering the country. This would allow the dismissal of these workers on the basis of pregnancy, contrary to the Convention. In this regard, the Government previously reported the adoption of Decision No. 27 of 2009 regulating private employment agencies for non-Syrians (domestic helpers), and determining the conditions and rules of their employment in the territories of the Syrian Arab Republic, but no text was provided. In the absence of further information in this regard, the Committee urges the Government to indicate all the measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination on the grounds of the Convention and with respect to all aspects of employment and occupation. The Committee further urges the Government to ensure that non-Syrian women domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of employment and conditions of work. Please also indicate whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007, as well as Decision No. 27 of 2009, are still in force, and provide a copy of the latest text in force covering the employment of domestic workers, including migrant domestic workers.

Sexual harassment. The Committee recalls that the Labour Law 2010, while prohibiting discrimination in employment on the grounds of gender (section 2(a)) and providing for the right to human dignity and safe and secure working conditions, does not include provisions prohibiting and defining sexual harassment (section 95(a)). The Committee once again requests the Government to indicate whether sections 2(a) and 95(a) of the Labour Law 2010 are intended to cover sexual harassment, including both quid pro quo and hostile working environment harassment, and to provide any judicial decisions in respect of these two sections. The Committee urges the Government to take measures to raise awareness of the issue of violence against women, including sexual harassment, and to enhance the capacity of labour inspectors, judges and other enforcement bodies to identify and address such cases, particularly taking into account the present armed conflict and its impact on women.

Restrictions on women’s access to employment. The Committee recalls that, pursuant to section 120 of the new Labour Law, “the Minister shall determine, by ministerial decision, such activities, instances and circumstances where women shall be allowed to perform night work, as well as harmful, immoral and other activities prohibited for women”. The Committee notes Order No. 16 of 2010, implementing section 120, which includes tasks and instances in which the employment of women may be permitted, as well as a list of industries, including loading and unloading, stacking at ports and forage-based animal production, in which women’s employment is generally prohibited. The Committee requests the Government to take steps in the near future to review Order No. 16 of 2010 to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are not based on gender stereotypes relating to their capabilities and suitability to perform certain jobs, and are limited to maternity protection. In the absence of further information on the application of section 139 of the Personal Status Act respecting child custody and limiting the right of women guardians of children to work, the Committee also requests the Government to take steps to amend section 139 of the Personal Status Act.

Social security. The Committee recalls that section 60(a) of Social Security Law No. 92 of 1959 provides that a female insured person who resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth shall receive compensation of 15 per cent of her average salary. The Committee emphasizes that the compensation provided to women when they resign due to marriage or pregnancy reinforces stereotypes on the role and responsibilities of women in society, thus exacerbating labour market inequalities. Noting that this provision constitutes discrimination based on sex, the Committee urges the Government to repeal section 60(a) of the Social Security Law of 1959, without further delay, and to take measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits, and to provide detailed information on the progress made.

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Articles 1 to 3 of the Convention. Non-discrimination and equality of opportunity and treatment for men and women in employment and occupation. The Committee notes the absence in the Government’s report of any new information on the measures taken to promote women’s participation in employment and occupation and vocational training, and to address occupational segregation, as well as persisting stereotypes concerning women’s role in society hindering their participation in the labour market. The Committee notes the information in the most recent report of the Independent International Commission of Inquiry on the Syrian Arab Republic on the impact of the armed conflict on the lives of women and girls, including a rise in the number of women heads of households, who are often the primary caregivers and providers of their families (A/HRC/30/48, of 13 August 2015). It further notes that the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), in its concluding observations, expresses concern at the persistence and exacerbation of deep-rooted attitudes and stereotypes with respect to women’s roles and responsibilities in the family and society, and at the precarious situation of rural women, whose rights to productivity, livelihood and access to land are regularly violated in the conflict. At the same time, CEDAW notes the action taken by the Government to secure salaries and jobs for women employed in governmental institutions and to implement income-generating projects and vocational training programmes for women heads of households affected by the conflict (CEDAW/C/SYR/CO/2, 18 July 2014, paragraphs 21, 41 and 43). While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee notes the impact of the conflict on the lives of women and girls, in particular rural women, and women heads of households, and urges the Government to take all the necessary measures to address discrimination, including harassment and gender-based violence against women, which affect their rights under the Convention. The Committee urges the Government to take the necessary measures to address the precarious situation of women heads of households and rural women, including measures to promote their equal access to economic opportunities, as well as their access to land and resources to carry out their occupations.

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

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Article 1 of the Convention. Further to its observation, the Committee notes the adoption of the new Labour Law (No. 17/2010) which contains specific provisions promoting equality of opportunity and treatment, and prohibiting discrimination in a range of areas. Noting that the new Labour Law does not define the term “discrimination”, it is unclear whether sections 2 and 95 cover both direct and indirect discrimination. The Committee also notes that all aspects of employment and occupation do not seem to be covered in section 2, including access to employment, particular occupations and vocational training. The Committee asks the Government to clarify the following points:

(i)    how it is ensured that workers, including jobseekers, are protected against both direct and indirect discrimination, in all aspects of employment and occupation, including access to vocational training, to employment and to particular occupations;

(ii)   whether the term “belief” in section 2 of the new Labour Law is intended to cover religion;

(iii)  whether there is any prohibition against discrimination on the basis of social origin in employment and occupation, as this ground does not appear to be included in the new Labour Law.

Scope of application. The Committee notes that section 5 of the new Labour Law excludes from its scope certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic workers, casual and part-time workers. The Committee also notes the Government’s indication that, pursuant to section 5(b), the working conditions of domestic, casual and part-time workers remain regulated by their contracts; and that, in any case, their rights cannot be less favourable than those provided by the Labour Law. The Committee also notes the Government’s reference to Decision No. 27 of 2009 on the Regulation of private employment agency on non-Syrians (domestic helper), conditions and rules of their employment in the territories of the Syrian Arab Republic. The Committee notes that further information is needed demonstrating the effective protection of these workers against discrimination in employment and occupation based on the grounds of the Convention. The Committee also recalls its previous comments regarding the particular vulnerability of female migrant domestic workers. The Committee requests the Government to indicate the following:

(i)    how it ensures that the groups of workers excluded from the scope of the new Labour Law enjoy protection against discrimination as required by the provisions of the Convention;

(ii)   any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination with respect to all aspects of employment and occupation;

(iii)  the measures taken to ensure that non-Syrian female domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of tenure of employment and conditions of work; and

(iv)  whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007 are still in force in the light of Decision No. 27 of 2009. Please also provide a copy of Decision No. 27 and any information on its practical application.

Sexual harassment. The Committee notes that section 2(a) of the new Labour Law prohibits discrimination in employment on the grounds of gender, and section 95(a) provides that workers have the right to, among other things, equal opportunity, equal treatment and non-discrimination, and to human dignity and safe and secure working conditions. In this regard, the Committee recalls the various manifestations of sex discrimination covered by the Convention, including sexual harassment. The Committee notes the importance of preventing and combating sexual harassment in the working environment, given that sexual harassment undermines equality at work by affecting the integrity, dignity and well-being of workers (see 2002 general observation). The Committee further notes the Government’s indication that no information has been collected regarding decisions handed down by courts on this subject, and that no violations have been identified by the labour inspectorate, or complaints registered on this issue. In this connection, the Committee recalls that the absence of complaints could indicate a lack of awareness of the legal provisions, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee requests the Government to indicate whether sections 2(a) and 95(a) of the new Labour Law cover sexual harassment, including both quid pro quo and hostile working environment harassment. The Committee also requests the Government to take measures to raise awareness of the issue of sexual harassment, and to enhance the capacity of labour inspectors and judges to identify and address such cases. Please provide information on any violations detected by the labour inspection services or judicial decisions related to sexual harassment, the sanctions imposed and the remedies provided.

Article 1(2). Inherent requirements of the job. The Committee notes that pursuant to section 2(c) of the new Labour Law, “[a]ny distinction, exclusion or preference based on the objective criteria of the qualifications required by the position or the nature of work, shall not be considered as discrimination”. The Committee hopes that the provision will be interpreted and applied narrowly, to exclude only particular jobs due to the inherent requirements thereof, and asks the Government to provide information on how section 2(c) has been interpreted, and in particular what types of jobs have been excluded on the basis of the provision.

Article 3. Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee notes that, pursuant to section 177 of the new Labour Law, a Consultative Council for Labour and Social Dialogue is to be formed, with representatives of workers’ and employers’ organizations, the duties of which include putting forward opinions and recommendations regarding international labour Conventions, and promoting collective bargaining and encouraging collective agreements. The Committee asks the Government to provide information regarding whether the Consultative Council has examined the principle of the Convention and given any opinions or recommendations thereon, including regarding the incorporation of provisions on equality of opportunity and treatment and non-discrimination in collective agreements. Please also provide information on whether and to what extent the principle of the Convention has been reflected in collective agreements, and provide a sample of such agreements. Noting that the Government has not provided the specific information requested regarding cooperation with other appropriate bodies, the Committee requests the Government to provide information on the following:

(i)    any specific activities carried out by the National Committee for International Humanitarian Law concerning the promotion of the principle of equality of opportunity and treatment in employment and occupation;

(ii)   details regarding the initiatives of the Agency for Family Affairs that are related to the principle of the Convention;

(iii)  details of the findings and conclusions of the studies focusing on gender issues mentioned previously by the Government;

(iv)  the measures taken as a result of the cooperation with women’s organizations and the impact thereof, including on enhancing women’s access to more diversified training and a wider range of occupations.

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Legislative developments. The Committee notes with interest that the new Labour Law (No. 17/2010), unlike the Labour Code of 1959 which it repeals, contains specific provisions addressing equality of opportunity and treatment, and protection against discrimination including, in keeping with Article 1(1)(b) of the Convention, grounds going beyond Article 1(1)(a). In particular, section 2(a) of the Law provides that it is prohibited to breach or infringe the principle of equal opportunity or equal treatment, for any reason whatsoever, “in particular, to discriminate against workers on the basis of race, colour, gender, marital status, belief, political opinion, trade union membership, nationality, extraction, clothing or dress style, in employment, work organization, vocational training, wages, promotion, entitlement to social benefits, disciplinary measures and actions, or dismissal”. Section 95 further provides that workers have the “right to equal opportunity, equal treatment and non-discrimination”. The Committee welcomes the adoption of the equality and non-discrimination provisions of Labour Law No. 17/2010, and asks the Government to provide information on the application of the relevant provisions in practice, including any relevant administrative or judicial decisions. Please provide information on the measures taken or envisaged to promote the implementation of the new non‑discrimination provisions, as well as any relevant follow-up under the five-year plan and the Decent Work Country Programme, and their impact on promoting the principle of equality of opportunity and treatment in employment and occupation.

Restricting women’s access to employment. The Committee notes the Government’s reference to a special order relating to women’s employment, which lists the tasks, industries and occupations in which women may be employed and those prohibited for women, which was not annexed to the report as indicated. The Committee notes that, pursuant to section 120 of the new Labour Law, “the Minister shall determine, by ministerial decision, such activities, instances and circumstances where women shall be allowed to perform night work, as well as harmful, immoral and other activities prohibited for women”. In this connection, the Committee recalls its previous comments stressing the need to repeal protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society. With regard to section 139 of the Personal Status Act respecting child custody and limiting the right of female custodians to work, the Committee notes the Government’s indication that no statistical information exists on the number of women who have left work to have custody of their children. The Committee asks the Government to take steps to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection. It requests the Government to supply a copy of the special order to which it refers in its report, as well as any ministerial decisions taken pursuant to section 120 of the new Labour Law. Recalling its previous comments on employment restrictions imposed on female custodians, the Committee also requests the Government to take steps to amend section 139 of the Personal Status Act.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee recalls its previous comments noting the various measures taken to address traditional stereotypes concerning women’s role in society hindering their participation in the labour market. Noting that the Government’s report contains no information regarding its previous observation on this matter and having regard to the importance of effectively addressing occupational gender segregation in the public and private sectors to ensure equal opportunities for women and men in employment and occupation, the Committee requests the Government to provide information on the following:

(i)    the measures taken or envisaged, and the results achieved, to address the obstacles to women’s access to the labour market and the persistent occupational gender segregation, including promoting women’s access to a wider range of occupations and increasing their chances of career advancement in both the public and private sectors;

(ii)   specific measures to address traditional views and stereotypical assumptions that may exist regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs;

(iii)  how the National Strategy for Women (2006–10) and the measures taken or envisaged to implement it have addressed occupational gender segregation; and

(iv)  detailed statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions in order to have an appreciation of the progress made in applying the Convention.

Access of women to education and vocational training. Noting that the Government’s report provides no new information regarding the access of women to education and vocational training courses traditionally dominated by men, the Committee recalls the importance of collecting and analysing relevant data in order to allow the Government and the Committee to assess the progress made over time in achieving a balanced representation of men and women in education and vocational training. The Committee requests the Government to provide specific information on the following:

(i)    measures taken to promote women’s access to a broader range of educational and vocational training courses, including those traditionally dominated by men;

(ii)   the extent to which women undertaking vocational training and attending university are able to find appropriate employment;

(iii)  statistical data, disaggregated by sex, on participation in training courses and vocational training centres, and in the various university programmes.

Enforcement. The Committee notes that the non-discrimination provision in section 2 of the new Labour Law provides that workers have the right to claim compensation for material and moral damage sustained before the competent court. Pursuant to section 204 of the new Labour Law, a worker or employer may bring a dispute regarding the application of the Law to the competent court. It also notes that section 249 provides that every inspector shall monitor the enforcement of the Law “in connection with working conditions and protection of workers at work”, and that they have the authority to take action against employers who violate the law, including referring the matter to the court. The Committee recalls its concerns regarding the vulnerability of certain groups, particularly ethnic minority Kurds and Bedouins, despite the existence of legislative protection, and notes that in response to its previous comments concerning difficulties encountered by some groups of the population in lodging complaints, the Government indicates that natural persons have the right to institute legal proceedings against any public official or private person if their rights are jeopardized. The Committee requests the Government to take measures to increase knowledge and understanding of the objectives of the Convention and of the relevant legal provisions of the new Labour Law providing for equality of opportunity and treatment in employment and occupation and non-discrimination, including among ethnic minority Kurds and Bedouins, and to provide specific information in this regard. The Committee also requests the Government to provide information regarding the following:

(i)    the measures taken or envisaged to raise awareness of the labour inspectorate and judges regarding discrimination in employment and occupation against ethnic minorities;

(ii)   the measures taken, through surveys or otherwise, to undertake an evaluation of the effectiveness of the complaints procedures, including any difficulties encountered by women or men, including from minority groups, in seeking judicial remedies with regard to cases of discrimination on the basis of all the grounds covered by the Convention;

(iii)  the activities of the labour inspectorate relevant to equality of opportunity and treatment and non-discrimination, including any complaints received or violations detected, the sanctions imposed and the remedies provided.

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

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Article 1(1)(a) of the Convention. Sexual harassment. Further to its previous request, the Committee notes the Government’s indication that “all Syrian laws and regulations of the interior ministries prohibit sexual harassment inside and outside the workplace”. The Government, as in earlier reports, also makes reference to the Penal Code. The Committee requests the Government to provide details of the laws and regulations other than the Penal Code in which sexual harassment at work is specifically prohibited. Please also provide copies of judicial or administrative decisions applying provisions relevant to the prohibition of sexual harassment at the workplace as well as information on any violations detected by the labour inspection services in this regard, the sanctions imposed and the remedies provided. Further to its previous comments, the Committee again requests information on the measures taken or envisaged to raise awareness of sexual harassment at work.

Discrimination on the basis of sex. The Committee recalls its previous request concerning the restrictions on the employment opportunities of female custodians and the measures taken to assist women workers with family responsibilities and notes that the Government again refers to the granting of maternity leave and breastfeeding breaks. The Committee also notes the Government’s statement that women have preferential conditions in the laws, including “removing women from health or morally jeopardizing tasks, as well as tiring jobs or any tasks decided upon by virtue of an Order taken by the Minister of Social Affairs and Labour.” The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment, and should be repealed. The Committee asks the Government to provide specific information on the tasks and jobs prohibited to women. The Committee also reiterates its request for information on any other measures taken or envisaged to assist women, particularly female custodians, to maintain their employment and combine it with the responsibilities for the children under their custody. Please also indicate whether any steps are being taken to amend the legislation so as to remove the restrictions that apply to employment of female custodians.

Domestic workers. The Committee notes that domestic workers are not covered by the provisions of the Labour Code, with the exception of some specific aspects. The Committee notes that the Government has taken some measures to regulate the recruitment of non-Syrian female domestic workers, such as Prime Ministerial Decision No. 81, 2006 and Presidential Decree No. 62, 2007. In particular, with respect to Decision No. 81, 2006, the Committee notes the following: (1) section 18 prohibits the recruitment agency’s owner and her or his employees from practicing any form of discrimination against female domestic workers based on race, colour, sex, religion, national identity, social origin and any other grounds provided by law. However, similar protection is not provided against the same forms of discrimination by the employer; (2) pursuant to section 15, female domestic workers can be ‘returned’ by the employer for “any reason whatsoever”, except those provided in section 17. Although section 15 lays down some guarantees should this event occur, the Committee notes that the wording of this provision might leave room, in practice, for arbitrary dismissals based on discriminatory grounds; (3) under section 17, female domestic workers can be repatriated if it turns out that they were pregnant before entering the Syrian Arab Republic, which would permit the dismissal of these workers on the basis of pregnancy and constitute sex-based discrimination under the Convention; and (4) section 20 regulates the complaints procedure in case of disputes between the female domestic workers and the owner of the recruitment agency or the employer. The Committee further notes that Decision No. 81 does not apply to Arab domestic workers.

The Committee recalls the particular vulnerability of domestic workers, particularly female migrant domestic workers, to multiple discrimination due to the nature of their employment relationship, the lack of legislative protection, stereotyped thinking about gender roles, and undervaluing of this type of employment. The Committee stresses that the Government has the obligation to ensure that domestic workers are protected in an effective manner against all forms of discrimination covered by the Convention. The Committee specifically draws the Government’s attention to Paragraph 2(b)(iv) and (vi) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), relating to equality of treatment with respect to security of tenure of employment, and conditions of work. The Committee requests the Government to:

(i)    provide information on the practical application of sections 15 and 18 of Decision No. 81, including information on any complaints filed in this regard by non-Syrian female domestic workers;

(ii)   amend section 17 of Decision No. 81 so as to ensure that non-Syrian female domestic workers do not suffer from any discrimination on the basis of pregnancy;

(iii) indicate the legal regime applicable to female domestic workers who become pregnant after entering the country;

(iv)  supply information on the measures taken to ensure that non-Syrian female domestic workers are adequately protected against discrimination, particularly in respect of security of tenure of employment and conditions of work;

(v)   clarify what regime applies to non-Syrian men and Arab domestic workers; and

(vi)  provide a copy of Presidential Decree No. 62 of 2007.

Article 3(a). Cooperation with appropriate bodies in the promotion and observance of national policy. The Committee notes the Government’s general description of the activities performed by the National Committee for International Humanitarian Law with respect to awareness raising concerning international humanitarian law. It also notes the reference to the initiatives of the Agency for Family Affairs regarding sensitization on women’s rights. With regard to its previous request concerning the Government’s cooperation with women’s organizations in raising public awareness on gender issues with a view to overcoming traditional gender stereotypes, the Committee notes from the Government’s report that different workshops and studies on gender issues were held, and various initiatives were also undertaken to combat illiteracy among women. The Committee requests the Government to provide the following information:

(i)    any specific activities carried out by the National Committee for International Humanitarian Law concerning the promotion of the principle of equality of opportunity and treatment in employment and occupation;

(ii)   details regarding the initiatives of the Agency for Family Affairs that are related to the principle of the Convention;

(iii) details of the findings and conclusions of the studies focusing on gender issues mentioned in the Government’s report; and

(iv)  the measures taken as a result of the cooperation with women’s organizations and the impact thereof, including on enhancing women’s access to more diversified training and a wider range of occupations.

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Articles 2 and 3 of the Convention. Application of the Convention with regard to the grounds of race, colour, religion, political opinion, national extraction and social origin. In its previous observation, the Committee pointed out that it was not in a position to assess adequately the progress made by the Government in applying the provisions of the Convention owing to the insufficient information provided by the Government in its report. The Committee therefore urged the Government to provide full information on a number of points relating to the practical application of the principle of equality of opportunity and treatment in employment and occupation, including the concrete steps taken to pursue a national policy promoting this principle with respect to race, colour, religion, political opinion, national extraction and social origin, and the results achieved.

Noting that the Government submits once more that the national legal framework currently in force in the country does not contain any discriminatory provisions, the Committee wishes to emphasize that the absence of discriminatory provisions in the national legislation is not sufficient to fulfil the obligations under the Convention, and is not an indicator of an absence of discrimination in practice. In particular, the Committee stresses that by ratifying the Convention, the Government has undertaken to take measures to promote equality of opportunity and treatment in employment and occupation in the framework of a national policy, with a view to the elimination of discrimination. While the choice of the concrete measures to be taken is left to the Government in view of the national conditions and practice, the Convention requires that these measures be effective. The Committee also recalls that under Article 3(f) of the Convention, the Government is called to indicate in its report the action taken in pursuance of this national policy and the results secured by such action. The Committee notes that the Tenth Five-Year Plan for 2006–10 aims, among other things, at developing specific measures to increase employment opportunities and that one of the objectives of the Decent Work Country Programme 2008–10 is to increase employment opportunities and to promote compliance with the ILO Declaration on Fundamental Principles and Rights at Work. The Committee requests the Government to provide full information on the concrete measures taken, including any relevant follow-up under the Five-Year Plan and the Decent Work Country Programme, to promote equality of opportunity in employment and occupation with respect to race, colour, religion, political opinion, national extraction and social origin, and the impact of such measures on eliminating discrimination on those grounds.

Access of women to employment and occupation. The Committee notes from the Decent Work Country Programme 2008–10 that unemployment rates among young women are almost twice as high as those among young men and that 50 per cent of young women (aged 15–29) are neither in the labour force nor in school, indicating the existence of barriers to their access to the labour market. The Committee notes the Government’s indication that various measures have been taken to address traditional stereotypes regarding women’s role in society hindering their participation in the labour market. The Committee also notes that a national strategy for women (2006–10) was developed by the Women’s Federation Union in collaboration with UNDP and the Central Office of Statistics. The Committee further notes that according to the Government’s report, women’s participation in decision-making positions increased as a result of the implementation of the Five-Year Plan and their representation in the Parliament reached 12 per cent. The Committee requests the Government to provide further information on the measures taken or envisaged with a view to promoting women’s access to a wider range of occupations and increasing their chances of career advancement in both the public and the private sectors. In particular, the Committee requests specific information regarding steps taken to address the obstacles to women’s access to the labour market and the persistent occupational sex segregation, including pursuant to the follow-up to the Five-Year Plan and the Decent Work Country Programme. Please also provide further details on the National Strategy for Women (2006–10) and the measures taken or envisaged to implement it. Recalling the importance of gathering statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions in order to have a general appreciation of the progress made in applying the Convention, the Committee further requests the Government to collect and submit such information.

Access of women to education and vocational training. The Committee notes from the Government’s report that in 2005–06 women represented 48 per cent of the total number of students enrolled in primary school and 49 per cent of the students enrolled in secondary school. As to the access to university education, while complete statistics were not provided, the Committee notes from the Government’s report that women are mainly enrolled in colleges or arts and education, with men being concentrated in colleges of science, medicine, engineering, computing and politics. The Committee also notes that women account for approximately 29 per cent of those holding master’s degrees and 28.5 per cent of those with doctorates. With regard to vocational training, the Committee notes the initiatives carried out by the Ministry of Agriculture with respect to rural women as well as the training in, among other things, sewing, hairdressing, ceramics and pottery supplied by the Women’s Federation Union. The Committee requests the Government to provide specific information on measures taken to promote women’s access to education and vocational training courses traditionally dominated by men, including information on the impact of the general educational strategies. Please also provide statistics, disaggregated by sex, on the participation of women and men in the training courses and vocational training centres, and in the various university programmes.

Enforcement. The Committee notes the Government’s statement that, since all citizens are equal before the law, no difficulties are encountered by specific segments of the national population in having access to complaints procedures. The Committee draws the Government’s attention to the fact that some groups of the population may find themselves particularly vulnerable to discrimination, despite the existence of legislative protection. Owing to the lack of awareness of the principle of the Convention, lack of practical access to procedures, or fear of reprisals, they may also encounter serious difficulties in lodging complaints before the competent authorities. The Committee therefore once again requests the Government to provide information regarding the following:

(i)    the measures taken to increase the knowledge and understanding, including among ethnic minority Kurds and Bedouins, of the objectives of the Convention and of the legal provisions providing for equality of opportunity and treatment in employment and occupation; and

(ii)   the measures taken, through surveys or otherwise, to undertake an evaluation of the effectiveness of the complaints procedures, including any practical difficulties encountered by women or men, including minority groups, in seeking judicial remedies with regard to cases of discrimination on the basis of all the grounds covered by the Convention.

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

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1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s intention to include the issue of sexual harassment in the forthcoming relevant surveys of the Office of Statistics. The Committee further notes from the Government’s report that the Tenth Five-Year Plan (2006–10) includes a special item on awareness raising on equality issues, women’s rights and amendment of legislation relating to women and gender. The Committee asks the Government to provide information on the activities taken or envisaged under the Five-Year Plan to increase knowledge about sexual harassment among employers and workers, or to adopt legislation explicitly prohibiting and preventing sexual harassment in employment and occupation.

2. Discrimination on the basis of sex. With reference to its previous comments regarding section 139 of the Personal Status Act, which imposes restrictions on the employment opportunities of female custodians, the Committee notes the Government’s statement that there are no statistics on the number of women who left their jobs to obtain custodianship, and that it will seek this information from the competent authorities. The Government further indicates that measures such as maternity leave and breastfeeding breaks are aimed to assist female workers with their family responsibilities. While welcoming these measures, the Committee notes that these only concern women who are pregnant or with very young children who are being breastfed. The Committee, therefore, asks the Government to indicate any other measures taken or envisaged to assist women, and especially female custodians, to maintain their employment and combine the responsibilities for the children under their custody. Please also indicate whether any steps are being taken to amend the legislation so as to remove the restrictions that apply to female custodians.

3. Improving women’s access to employment and training. Further to its observation, the Committee notes the Government’s statement that peoples’ organizations and non-governmental organizations, such as the Association of Women and the Women’s Confederation, play a role in awareness raising of society with respect to changing stereotypes of men and women. The Committee asks the Government to indicate in its next report how it is cooperating with the Association of Women and the Women’s Confederation on raising awareness among employers and workers on stereotyped roles of men and women in society and the labour market, and the results of this action on the opportunities of women to gain access to a wider variety of occupations and more diversified training, including in non-traditional jobs.

4. Article 3(a). Cooperation with relevant institutions in the promotion and observance of national policy. Further to its observation, the Committee notes the establishment of the National Committee for International Humanitarian Law which is mandated to coordinate work at the national level regarding awareness raising on international law and efforts to bring national legislation into conformity with international conventions, and to monitor potential human rights violations. The Committee asks the Government to provide information on the specific activities of the Committee for International Humanitarian Law to promote the principle of equality of opportunity and treatment in employment and occupation with respect to all the grounds contained in the Convention.

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1. Articles 2 and 3 of the Convention. Failure to provide sufficient information to assess the progress made in applying the provisions of the Convention. In its past observations, the Committee has been raising doubts about the satisfactory application of Articles 2 and 3 of the Convention. It has pointed out that the lack of information in the Government’s report on concrete measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, inhibited an adequate assessment by the Committee of progress achieved in applying the provisions of the Convention on the basis of all the grounds set out in the Convention.

2. The Committee notes that the Government, in its most recent report, continues to refer to the relevant legislation applying the Convention. The Government further lists a number of measures taken, such as the annulment of the economic security courts, the establishment of the National Committee for International Human Law, and, in 2005, the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the establishment of the Syrian Agency for Family Affairs. The Committee notes these measures but regrets that the Government’s report does not provide any further information on how these measures, and any other measures taken, have in fact contributed to promoting and ensuring the principle of equality of opportunity and treatment in employment and occupation, in particular with respect to the grounds of discrimination other than sex set out in the Convention. Further, the Government continues to omit full particulars on the action taken to pursue a national policy on equality of opportunity and treatment with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin (Article 3(f)). The Committee therefore strongly urges the Government to provide full information in its next report on the following:

(a)   the concrete action taken or envisaged to pursue a national policy on equality of opportunity and treatment with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin, and the results achieved through such action;

(b)   the measures taken to increase the knowledge and understanding, including among ethnic minority Kurds and Bedouins, of the objectives of the Convention and of the legal provisions providing for equality of opportunity and treatment in employment and occupation;

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

3. Access of women to employment and occupation. The Committee notes from the information in the Government’s report that the number of female judges, while increasing, remains low, and that women represent only 14.47 per cent of the total number of state lawyers. Furthermore, the statistics for 2004 on the distribution of men and women by economic activity and salary groups, indicate that women continue to be concentrated in the agriculture and forests activities, primarily in cooperatives and collectives (47 per cent) and the private sector (49.5  per cent); and in services mainly in the public sector (92.5 per cent) but also in the private sector (19.5 per cent). The Committee notes from the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that one of the expected outcomes of the five-year plan (2006–10) is to contribute to poverty alleviation through raising women’s educational level and increasing women’s participation in economic activity. The Government also indicates that the plan provides for awareness-raising activities on gender equality and the amendment of legislation concerning gender and women. The Committee asks the Government to indicate in its next report the progress made and results achieved under the five-year plan (2006–10) to improve women’s participation in a wider variety of occupations in the public and private sectors, and to increase their numbers in management and decision-making posts as well as in the judiciary. Please also indicate any legislative steps taken or contemplated to improve equality between men and women and, in particular, in employment and occupation.

4. Access of women to vocational training and guidance. With respect to its previous observation regarding women’s access to vocational training, the Committee notes that the Government refers to a number of strategies relevant to promoting the access of women to vocational training. The strategies include, among others: (i) a direct new education policy to serve the labour market and put an end to unemployment; (ii) defining available options for job opportunities in the private sector; and (iii) coordinating activities with various training institutes to meet the needs of the various sectors of the economy. The Committee further notes the statistics attached to the Government’s report on the attendance of students in vocational education, which are unfortunately either difficult to read or not disaggregated by sex. In order for the Committee to be able to assess the progress made in the application of the Convention, it asks the Government: (i) to indicate in its next report the impact of the general educational strategies on women’s access to vocational training and education, including their participation in training courses primarily attended by men; and (ii) to provide clear statistics disaggregated by sex on the participation of women and men in the various training courses and vocational training centres.

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

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1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s statement that Syrian legislation (sections 489, 490, 492, 510 and 511 of the Penal Code of 1949, as amended) protects women against all forms of violence, rape and moral wrongdoing and that no cases of sexual harassment exist in the country. The Committee points out that that the absence of sexual harassment complaints may not necessarily be an indication of its non-existence. In reality, the sensitivity of the issue, the lack of awareness and knowledge amongst male and female workers on what constitutes sexual harassment as well as a victim’s reluctance to file a complaint on this practice may contribute to the false impression that sexual harassment in the workplace hardly occurs. The Committee, therefore, asks the Government to provide information in its next report on the measures taken to raise awareness and increase the knowledge about sexual harassment among male and female workers and employers, including the results achieved.

2. Equality of opportunity between men and women. The Committee notes that the Government in its report to the Committee on Human Rights (CCPR/C/SYR/2004/3, 19 October 2004) states that, within the family, the respective roles of husband and wife differ in view of the special nature of women, which is necessary for the perpetuation of human life (menstruation, pregnancy, childbirth and breastfeeding) and which entails certain rights and precludes engagement in certain occupations. The report also states that, with regard to provisions related to child custody, section 139 of the Personal Status Act provides that "a female custodian shall not be precluded on account of having a job as long as such a job does not interfere with her ability to provide care in an acceptable manner", a restriction which does not appear to apply to male custodians. The Committee is concerned that this provision may negatively impact on women’s equal participation in and free choice of employment, which would be contrary to the Convention. It therefore requests the Government to indicate in its next report: (a) the number of women that have left their employment in order to get custody of their children and the types of occupations they were engaged in; and (b) the specific measures taken to help workers with family responsibilities, and especially female custodians, to maintain their employment and combine work and family responsibilities. Please also indicate, through legislative provisions or otherwise, which occupations women would be precluded from engaging in on the basis of their reproductive and maternal role.

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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.

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The Committee notes the Government’s report and the attached documents, including the information provided in response to the Committee’s previous direct request.

1. The Committee notes the continuing statements of 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 was embodied already in national legislation. The Committee reiterates its view that such an attitude is difficult to accept, since no society is free from discrimination and because a denial of the existence of discrimination is a serious obstacle to addressing it and to making progress in promoting equality of opportunity and treatment. The Committee also recalls that the application of the principles of the Convention is achieved in successive stages, with each stage being the occasion for the discovery of perspectives revealing different and new problems, thereby resulting in the adoption of new measures to resolve them. Articles 2 and 3 require the taking of positive and proactive measures to promote equality in employment and occupation. The Committee once again hopes that the Government, in its next report, will be in a position to provide information allowing an evaluation of the progress achieved in attaining equality in employment and occupation on the basis of all the grounds set out in the Convention.

2. The Committee notes from the report that the Women’s National Committee, in cooperation with the competent ministries and popular organizations are responsible for the implementation of the national strategy for women and that the strategy was circulated to all relevant official bodies and national organizations. The Committee also notes the information provided on the role and composition of the Women’s Federation, whose objective is to develop women’s experience to enable them to participate effectively and fully in the political, cultural, economic and social life and to take action to remove barriers hindering women’s development. The Committee welcomes the Government’s intention to address existing inequalities affecting women’s development. Noting that no information was provided on measures actually taken with a view to implementing the national strategy for women, the Committee invites the Government to supply concrete examples of action taken by the responsible authorities towards its implementation, including those measures taken concerning the abovementioned objectives. The Government is further asked to continue to provide statistical information on the participation of women in employment and occupation, including the distribution of men and women in the various areas of economic activity and occupational groups and at the decision-making and management levels.

3. The Committee refers to its previous request concerning measures to promote the participation of women in non-traditional training. The Committee notes that the literacy rate among females aged 15 to 24 increased from 82.1 per cent in 1994 to 89.2 per cent in 1998. It notes that the training for women in non-traditional fields receives great support from the political leadership. The Committee notes that the Fourth Conference on Education Development in the Syrian Arab Republic held in 1998, adopted several recommendations in regard to improving attention to non-traditional education for women and that vocational training centres are established under the Ministry of Industry. The Committee requests the Government to provide a list of the recommendations made by the Fourth Conference on Educational Development related to promoting equal access of women to training and education, as well as information on any follow-up action taken. The Committee also requests the Government to continue to provide statistical information on the participation of women in training and education at all levels and in the various specializations, including in respect to vocational training centres.

4. The Government is requested to provide information on cooperation and specific activities carried out by the social partners to promote application of the Convention.

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The Committee notes the Government’s report and the attached documents.

1.  The Committee notes from the report the Government’s expression of surprise that the Committee of Experts was not convinced by its statement that there are no difficulties in the application of the Convention, since in practice there are no problems or incidents in the country relating to discrimination on grounds of race, colour, sex, religion, political opinion or membership of a minority. The Committee recalls that it is the function of the ILO’s supervisory bodies to achieve the best possible application by member States of international labour standards and, in particular, that the role of the Committee of Experts, on the basis of the elements available to it, which principally means the information provided by governments, is to assess the situation in law and practice as regards the application of Conventions ratified by member States. When the Committee points out that it is difficult to accept a statement by a member State that the application of the Convention does not raise any difficulties in practice, it does so in consideration of the very nature of the principle set forth in the Convention. Indeed, as the Syrian Government delegation indicated to the Committee on the Elimination of Racial Discrimination at its Meeting on 10 March 1999 (document CERD/C/SR.1319, "… Syria did not claim never to encounter discrimination but did fight against any occurrence of discrimination in the future by ensuring equal opportunity for all persons …"), the promotion of equality of opportunity and treatment is not aimed at achieving a stable situation which can be attained definitively, but a permanent process during which policy must be adapted to the changes which are brought about in society to achieve the elimination of multiple distinctions, exclusions or preferences based on the criteria laid down in the Convention. The application of the principle set forth in the Convention is therefore achieved in successive stages, with each stage being the occasion for the discovery of perspectives revealing different or new problems, thereby resulting in the adoption of new measures to resolve them. The Committee therefore hopes that the Government will continue to provide the information necessary to evaluate the progress achieved in attaining equality in employment and occupation, not only on grounds of sex, but also on the basis of all the criteria envisaged by the Convention.

2.  The Committee notes the national strategy for women in the Syrian Arab Republic, prepared by the national commission for the post-Beijing follow-up of women’s affairs, which covers four main areas: (a) laws and regulations concerning women’s rights as citizens on a basis of equality and non-discrimination on grounds of sex; (b) the laws, including provisions relating to the civil and individual rights of women, which need to be revised; (c) the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, which has been ratified by the Syrian Arab Republic; and (d) the elimination of violence against women. In particular, the Committee notes, among the specific action taken, the emphasis placed on development projects in rural areas and the status of women in the countryside, their education, their legal, social, health and economic situation, and the improvement of their access to employment. The national strategy also provides for an increase in the participation of women in decision‑making, with a view to achieving a rate of at least 30 per cent at all levels. It also challenges traditional and obsolete concepts which perpetuate stereotypes of the respective roles of men and women in society. The Committee requests the Government to provide information on the application of this strategy, the authorities responsible for its implementation, the measures adopted for this purpose and the expected results. It also requests the Government to provide information on the Women’s Federation, to which reference is made in the national strategy, and particularly on its composition and role.

3.  With reference to its previous direct request, the Committee notes from the information in the Government’s report and the attached statistical tables that programmes of technical, scientific and practical training are provided to the staff of the ministries at the various levels of the administration without discrimination on grounds of sex, or on any other ground. The Committee notes, from the statistical data attached to the report concerning the number of vocational education institutions in the country, that there are a large number of female students in these institutions, particularly in "religious" and "commercial" fields, where women are as numerous as men. The Committee notes that there are few women students in branches of education such as "industrial" and "agricultural and veterinary" training, and it notes that the strategy also covers education with a view to raising public awareness of the importance of training women in non-traditional skills, such as computer skills and modern technologies, and of including women in social development and progress. The Committee requests the Government to provide information on the measures adopted to promote the participation of women in non-traditional training. It also requests it to indicate the types of training which may be included under the heading "female" in these tables, and the types of jobs to which such training gives access.

4.  The Committee notes that the Government’s report does not contain information on the issue raised in point 3 of its previous direct request, in which the Government was asked to provide information on the activities of the tripartite committee for consultation and dialogue to ensure cooperation between the Government and the social partners (established by Act No. 1214 of 30 October 1995) and the technical and legal committee, chaired by the Minister of Labour and Social Affairs (established by Act No. 1333 of 10 November 1996). The Committee noted that these bodies had been created to verify the compatibility of national legislation with the international Conventions to which the Syrian Arab Republic is a party, and to propose amendments to laws which might be found incompatible with the provisions of international labour Conventions, and it therefore requested the Government to provide information on their activities as they relate to the application of the Convention.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

[...]

1. With regard to the participation of women and girls in education and vocational training programmes, the Committee notes the information and data in the Government's report and the reports attached to it which show that the number of women receiving training through the Office of Vocational Training continues to increase, albeit in courses such as tailoring, knitting, typing, flower arranging, hairdressing and embroidering. Recalling paragraphs 82 and 97 of its 1988 General Survey on Equality in Employment and Occupation where it indicated that archaic attitudes and stereotypes in training can lead to the channelling of men and women into, respectively, "typically male" or "typically female" trades and occupations, the Committee asks the Government, in its future reports, to inform it of the activities of the various educational and training institutions with a view to offering to women and girls more varied types of courses and to encouraging them to consider a wider choice of trades and professions. Please supply a copy of the annual report of the Office of Vocational Training.

2. As for the participation of women in public and private employment, the Committee notes the Government's statement that it has no difficulty in applying the Convention because in practice there are no problems or incidents of discrimination on the basis of race, colour, sex, religion, political opinion or for being a member of a minority and that there is therefore no need to establish a policy to achieve equality in employment since the national legislation already gives all individuals the chance to work without any discrimination whatsoever. It draws the Government's attention to paragraphs 240 and 241 of the above-mentioned General Survey where it stated that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that it is fully applied especially when no other details are given on the contents and methods of implementing the national policy. It hopes that the Government's next report will indicate the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupations since "once a rigorous action gets under way and new measures are adopted to implement the principle of equality of opportunity and treatment, the existence of problems will in practice be brought to the surface, thus requiring further progress" (paragraph 240).

3. Regarding the role and activities of the advisory committees and central committees and subcommittees provided for in section 23 of Act No. 1 of 1985 in relation to implementing the principle of the Convention, the Committee notes the establishment, by Act No. 1214 of 30 October 1995 of a tripartite committee for consultation and dialogue aimed at ensuring collaboration between the Government and the workers' and employers' organizations, as well as the creation, by Order No. 1333 of 10 November 1996, of a technical and legal committee to be chaired by the Minister of Labour and Social Affairs. According to the Government, the creation of these two committees responds to the need to study the compatibility of the national legislation with those of the international Conventions to which the Syrian Arab Republic is a party and to propose amendments to laws which might be found to be incompatible with the provisions of international labour Conventions. The Committee requests the Government, in its future reports, to provide information on the activities of these bodies in so far as they relate to the application of the Convention.

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The Committee thanks the Government for the explanations contained in its report which answers its previous direct requests concerning Article 4 of the Convention and which clarify the procedures available to persons who might be refused employment under Civil Service Act No. 1 of 1985, for having belonged to a group pursuing illegal aims threatening the interests of the State.

1. With regard to the participation of women and girls in education and vocational training programmes, the Committee notes the information and data in the Government's report and the reports attached to it which show that the number of women receiving training through the Office of Vocational Training continues to increase, albeit in courses such as tailoring, knitting, typing, flower arranging, hairdressing and embroidering. Recalling paragraphs 82 and 97 of its 1988 General Survey on Equality in Employment and Occupation where it indicated that archaic attitudes and stereotypes in training can lead to the channelling of men and women into, respectively, "typically male" or "typically female" trades and occupations, the Committee asks the Government, in its future reports, to inform it of the activities of the various educational and training institutions with a view to offering to women and girls more varied types of courses and to encouraging them to consider a wider choice of trades and professions. Please supply a copy of the annual report of the Office of Vocational Training.

2. As for the participation of women in public and private employment, the Committee notes the Government's statement that it has no difficulty in applying the Convention because in practice there are no problems or incidents of discrimination on the basis of race, colour, sex, religion, political opinion or for being a member of a minority and that there is therefore no need to establish a policy to achieve equality in employment since the national legislation already gives all individuals the chance to work without any discrimination whatsoever. It draws the Government's attention to paragraphs 240 and 241 of the above-mentioned General Survey where it stated that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that it is fully applied especially when no other details are given on the contents and methods of implementing the national policy. It hopes that the Government's next report will indicate the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupations since "once a rigorous action gets under way and new measures are adopted to implement the principle of equality of opportunity and treatment, the existence of problems will in practice be brought to the surface, thus requiring further progress" (paragraph 240).

3. Regarding the role and activities of the advisory committees and central committees and subcommittees provided for in section 23 of Act No. 1 of 1985 in relation to implementing the principle of the Convention, the Committee notes the establishment, by Act No. 1214 of 30 October 1995 of a tripartite committee for consultation and dialogue aimed at ensuring collaboration between the Government and the workers' and employers' organizations, as well as the creation, by Order No. 1333 of 10 November 1996, of a technical and legal committee to be chaired by the Minister of Labour and Social Affairs. According to the Government, the creation of these two committees responds to the need to study the compatibility of the national legislation with those of the international Conventions to which the Syrian Arab Republic is a party and to propose amendments to laws which might be found to be incompatible with the provisions of international labour Conventions. The Committee requests the Government, in its future reports, to provide information on the activities of these bodies in so far as they relate to the application of the Convention.

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1. With regard to the participation of women and girls in education and vocational training programmes, the Committee notes the statistical tables provided in the Government's 1993-94 report concerning 1992 and 1993 sex-based breakdowns of civil service staff, and male/female enrolments and graduates of primary, secondary and tertiary educational institutions. Before analysing this data, the Committee also notes from the Government's brief 1995 report that new statistical tables are being published by the Central Statistical Office and that the Government will transmit them once published. The Committee recalls paragraph 247 of its 1988 General Survey on equality in employment and occupation where it stressed the importance of having national data which takes correct account of the role of women's labour so as to be able to assess the results of the national policy against discrimination based on sex. Such data are also useful in evaluating the success of the national policy concerning equal access to training. The Committee accordingly trusts that it will receive the fresh statistics with the Government's next report, at which time it will be able to assess the trends over the past two reporting periods in full possession of relevant data.

2. Regarding the Committee's request for information on: (a) any specific measures taken or envisaged to promote the access of women to public and private employment; (b) procedures available in cases of dismissals linked to state security; and (c) the role and activities concerning the application of the principle of equality in employment and occupation of the various committees provided for by Act No. 1 of 1985, the Committee notes that the Government's two reports refer to replies given in a previous report. The Committee is accordingly obliged to repeat its requests, which were worded as follows:

(a) As for the participation of women in public and private employment, the Committee notes the Government's statement that there is no need to take measures for the promotion of women's employment in public and private sectors since the legislation (sections 1 and 8 of the regulations concerning state employees and section 2 of the Labour Code) gives all individuals the opportunity to work without any discrimination. However, the Committee notes that a much weaker percentage of women than men occupy posts in these two sectors, except in the teaching, health and social services. According to the statistical tables supplied by the Government for 1990 on the distribution of state employees by sex and by service, and on the distribution by sex and economic sector of employees in both public and private sectors, the number of women employed in the public sector varies between 4.2 per cent and 52.1 per cent, the average being 23.7 per cent, and in the private sector between 1.7 per cent and 38 per cent, the average employment level being 18 per cent.

The Committee observes that the measures to be taken by the Government under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. Referring to paragraphs 15, 57 and 170 of its 1988 General Survey on equality in employment and occupation where it particularly stresses the positive nature of measures to be taken in pursuing the national policy required under Articles 2 and 3 of the Convention and of the need to supply details on the action taken, the Committee asks the Government to indicate in its next report the specific measures taken or envisaged to promote the access of women to public and private employment, in particular to occupations considered to be traditionally reserved for men. Please supply information on the results obtained, including statistics on the percentage of women employed at the different levels and the number of women holding posts of responsibility.

(b) The Committee recalls its previous comments concerning Ministerial Order No. 856/b of 1985 relating to convictions for "shameful acts" and section 65(i) of Act No. 1 of 1985 which prohibits workers employed by the State from belonging to an association or group pursuing illegal aims threatening the interests of the State. The Government indicates that no court decisions has been rendered concerning crimes against state security as set out in these instruments and that there are no associations or groups to which section 65(i) of Act No. 1 might apply. The Committee takes note of these explanations. It recalls in this respect paragraphs 134 to 138 of its 1988 General Survey and, in particular, that "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise there is a danger, and even a likelihood, that such measures entail distinctions and exclusions based on political opinion ... which would be contrary to the Convention." It hopes that the next report will indicate the measures taken or envisaged so as to ensure that people can only be refused employment or be dismissed for reasons linked to state security within the limits permitted by Articles 1, paragraph 2, and 4 of the Convention and subject to the right of right of appeal set out in Article 4.

(c) As regards the role and activities of the advisory committees and central committees and subcommittees provided for by section 23 of Act No. 1 of 1985, the Government states that their responsibilities and means of establishment have been set out by Presidential Decree No. 29 of 29 January 1986. The Committee asks the Government to supply in its next report information on the activities of these bodies and on those of the advisory committees envisaged by section 15 of the Labour Code in so far as they relate to this Convention.

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Referring to its previous direct requests, the Committee takes note of the information communicated by the Government in its report as well as the attached statistical tables.

1. Regarding the literacy campaigns, the Committee notes with interest the activities undertaken by the Ministry of Culture in collaboration with the General Federation of Women and several international organizations. It observes that, according to the statistical table on the number of persons inscribed and the number completing literacy classes for the period 1985-90, the number of girls taking part has increased markedly. The Committee requests the Government to continue to supply information on progress achieved in respect of literacy for girls.

2. With regard to the participation of women in education and vocational training programmes, the Committee notes from the statistical tables that the number of girls inscribed in intermediate and secondary schools and vocational training centres is, without exception, much lower than that of boys. It asks the Government to indicate in its next report what are the obstacles hindering an increased participation of females in secondary schooling and in training programmes and what specific measures have been taken or are envisaged to reduce the wide difference in the numbers of both sexes in training courses, in particular in the technical and industrial fields. It would also like to have recent statistics on the distribution by sex of primary school pupils, as well as for higher school institutions and universities.

3. As for the participation of women in public and private employment, the Committee notes the Government's statement that there is no need to take measures for the promotion of women's employment in public and private sectors since the legislation (sections 1 and 8 of the regulations concerning state employees and section 2 of the Labour Code) gives all individuals the opportunity to work without any discrimination. However, the Committee notes that a much weaker percentage of women than men occupy posts in these two sectors, except in the teaching, health and social services. According to the statistical tables supplied by the Government for 1990 on the distribution of state employees by sex and by service, and on the distribution by sex and economic sector of employees in both public and private sectors, the number of women employed in the public sector varies between 4.2 per cent and 52.1 per cent, the average being 23.7 per cent, and in the private sector between 1.7 per cent and 38 per cent, the average employment level being 18 per cent.

The Committee observes that the measures to be taken by the Government under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. Referring to paragraphs 15, 57 and 170 of its 1988 General Survey on Equality in Employment and Occupation where it particularly stresses the positive nature of measures to be taken in pursuing the national policy required under Articles 2 and 3 of the Convention and of the need to supply details on the action taken, the Committee asks the Government to indicate in its next report the specific measures taken or envisaged to promote the access of women to public and private employment, in particular to occupations considered to be traditionally reserved for men. Please supply information on the results obtained, including statistics on the percentage of women employed at the different levels and the number of women holding posts of responsibility.

4. The Committee recalls its previous comments concerning Ministerial Order No. 856/b of 1985 relating to convictions for "shameful acts" and section 65(i) of Act No. 1 of 1985 which prohibits workers employed by the State from belonging to an association or group pursuing illegal aims threatening the interests of the State. The Government indicates that no court decision has been rendered concerning crimes against state security as set out in these instruments and that there are no associations or groups to which section 65(i) of Act No. 1 might apply. The Committee takes note of these explanations. It recalls in this respect paragraphs 134 to 138 of its 1988 General Survey and, in particular, that "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise there is a danger, and even a likelihood that such measures entail distinctions and exclusions based on political opinion ... which would be contrary to the Convention." It hopes that the next report will indicate the measures taken or envisaged so as to ensure that people can only be refused employment or be dismissed for reasons linked to state security within the limits permitted by Articles 1, paragraph 2, and 4 of the Convention and subject to the right of appeal set out in Article 4.

5. The Committee recalls its previous comments on the application of section 138(i) of Act No. 1 of 1985 (the possibility of dismissing a state employee by decree) and Circulars Nos. 57/6 of 1979 and 79/6 of 1983. The Government indicates that these circulars were issued in conformity with the former regulations on public employees and that no decree ordering dismissal has been issued to date under section 138. The Committee takes note of this information and asks the Government to keep it informed of any new development in this area.

6. As regards the role and activities of the advisory committees and central committees and subcommittees provided for by section 23 of Act No. 1 of 1985, the Government states that their responsibilities and means of establishment have been set out by Presidential Decree No. 29 of 29 January 1986. The Committee asks the Government to supply in its next report information on the activities of these bodies and on those of the advisory committees envisaged by section 15 of the Labour Code in so far as they relate to this Convention.

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The Committee notes the Government's report and the information that it contains in reply to its previous comments.

1. In particular, the Committee notes the statistical table on the Ministry of Culture's 1988-89 literacy plan. However, the information that it contains are of a general nature; the Committee therefore requests the Government to supply more details on the aspects of the above programme that relate to women.

2. With regard to the participation of women in vocational training programmes, the Committee notes that, according to the statistical tables on the number of students and graduates by sex in vocational training institutes and centres, as supplied by the Government, women participate in these programmes. The Committee notes that, between 1984 and 1989, the number of women students in training institutes increased more rapidly than the number of male students, but that in training centres their participation increased at approximately the same rate as that of men. The Committee nevertheless notes that the number of women students remains lower than that of men. It therefore hopes that the Government will endeavour to encourage the participation of women and that it will supply in its next report detailed information on any progress achieved in the fields of the vocational training, education and the literacy of women.

3. The Committee also notes the tables supplied by the Government concerning the distribution on 1 January 1989 of state employees in public bodies, according to the sex of the employee and the nature of the work. It notes that in all departments, with the exception of education and health, the number of women employed varies between 4 and 64 per cent, with an average of 25 per cent, that is well below that of men. The Committee therefore requests the Government to indicate the measures that it envisages taking to promote the employment of women in the public sector within the framework of a national policy designed to promote equality of opportunity and treatment, as set out in Article 2 of the Convention. The Committee also requests the Government to continue supplying information on the participation of women in employment in the private sector, including statistics on the distribution of women by category and type of work.

4. In its previous direct request, the Committee requested the Government to indicate the participation rates of women in vocational training programmes run by public bodies, in accordance with sections 24 to 34 of the conditions of service of workers in the employment of the State (Decision No. 3803, of 20 November 1985, to issue model rules for public bodies). The Committee once again requests the Government to supply this information in its next report.

5. With regard to Ministerial Order No. 856/b of 1985, which defines the "shameful acts", convictions for which prevent employment in the public administration or in state bodies or establishments, the Committee notes the Government's statement that the judicial record of applicants is checked in the event of all recruitment in the public sector. The Committee recalls that under the terms of this Order the acts referred to include, inter alia, those perpetrated against the security of the State, in accordance with the Penal Code. The Committee once again requests the Government to supply a number of examples of the application of this Order, particularly as regards the acts referred to in sections 287, 288, 307 and 308 of the Penal Code (section 1 of the Order), in order to enable the Committee to determine whether such measures affect the application of the Convention in respect of the elimination of any discrimination on the basis of political opinion.

6. The Committee recalls its previous comments relating to section 65(i) of Act No. 1 of 2 January 1985, which prohibits workers in the employment of the State, on pain of dismissal, from belonging to an association or group pursuing illegal aims threatening the interests of the State or exposing the State to danger. It once again requests the Government to indicate the channels of appeal which are available to the persons covered by the above provisions and to supply, by way of illustration, copies of administrative or judicial decisions concerning them.

7. With regard to section 138(i) of the above Act (the possibility of dismissing an employee of the State by decree), the Committee once again requests the Government to supply details in its next report on the manner in which the provisions of the above Act and of Circulars Nos. 57/6-1983/15, of 29 April 1979, and 79/6-3501/15, of 3 July 1983, are applied in practice. It also requests the Government to supply copies of decrees that have been issued for dismissal on the grounds of failing the dignity of the function or bringing into question the integrity of employees, since in these cases, in accordance with the above circulars, no appeal is admitted.

The Committee also requests the Government to supply copies of the two decisions of the Council of State to which it referred in its report that was transmitted by letter AD/3/36 for 1987, in support of its explanations on the effect given to section 138(i) above.

8. The Committee reminds the Government that, in accordance with Articles 2 and 3 of the Convention, measures shall be taken by the national authorities to pursue, following consultations, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and to eliminate any discrimination made on the basis of sex, race, colour, religion, political opinion, national extraction or social origin.

The Committee therefore requests the Government to supply detailed information on the measures that have been taken in this respect, and in particular as regards: (a) access to vocational training; (b) access to employment and the various occupations; and (c) terms and conditions of employment. Furthermore, it requests the Government to supply information on the role and activities in this field of the advisory committees provided for in section 15 of the Labour Code and of the central committees and subcommittees referred to in section 23 of Act No. 1 of 1985 to issue the conditions of service of state employees.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has examined the detailed information, the legislation, regulations and statistics supplied with the last report by the Government.

1. In particular, the Committee notes with interest the new progress achieved in the areas of literacy, education and vocational training for the female population, and the creation in the Ministry of Culture of a higher body responsible for implementing government plans in this field in co-operation with the other ministries concerned, trade union organisations and particularly the Women's Federation. The Committee requests the Government to continue supplying information, including statistics, on the progress achieved in this respect.

2. In its previous comments, the Committee requested the Government, among other matters, to indicate the measures that have been taken in practice to ensure the effective promotion of equality of opportunity and treatment in respect of employment without any distinction on grounds of sex, and also of race, colour, religion, political opinion, ethnic extraction or social origin, in accordance with the Convention and section 25 of the national Constitution. In its reply, the Government refers once again to the legal provisions setting out equality of rights but does not indicate the measures that have been taken and the methods that are used in practice to implement the national policy to promote equality of opportunity and to eliminate any discrimination in this connection, as set out in Articles 2 and 3 of the Convention. The Committee refers in this connection to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation and hopes that the Government will be able to supply the above information in its next report, particularly as regards (a) access to vocational training, (b) access to employment and to particular occupations and (c) terms and conditions of employment. The Committee would also be grateful to be provided with information on the role and activities in this area of the advisory committees set out in section 15 of the Labour Code and the central committees and subcommittees to which reference is made in section 23 of Act No. 1 of 1985 issuing the conditions of service of workers in the employment of the State.

3. As regards the number of women employed in the public administration and in state bodies and establishments, and in enterprises covered by the Labour Code, the Committee notes the detailed statistics provided by the Government and, while noting that certain progress has been achieved as regards the participation of women in the employment market, it observes that only 12.17 per cent of workers of private sector enterprises are women, 15.54 per cent in public establishments and 24.8 per cent in the state administration. The Committee hopes that the Government will continue to endeavour to promote the participation of women in the active population and in higher categories of jobs, and that it will supply information (including statistics) on the progress achieved in this connection.

4. The Committee has examined the whole text of the model rules for public bodies issued under the Act of 1985 to issue the conditions of service of workers in the employment of the State and adopted by Decision No. 3803 of 20 November 1985. It notes with interest that under section 100 of these model rules, with the exception of certain types of arduous or dangerous work, women are subject to the same provisions and terms and conditions of employment as men and it requests the Government to indicate whether they participate equally in vocational training programmes provided by public bodies (sections 24 to 34 of the above model rules) and, if so, to indicate the rate of their participation.

5. The Committee also notes Ministerial Order No. 856/b of 1985 (a copy of which was supplied by the Government) which defines the "shameful acts", convictions for which prevent employment in the public administration or in state bodies or establishments by virtue of section 7(c) of Act No. 1 of 2 January 1985 and section 18 of the model rules for public bodies referred to above. The Committee requests the Government to supply a number of examples of the practical application of this order, particularly as regards the acts referred to in sections 287, 288, 307 and 308 of the Penal Code, to which reference is made in section 1 of the above Ministerial Order.

6. The Committee also refers to the comments that it made, along the same lines, on the subject of section 65(i) of Act No. 1 of 2 January 1985 which prohibits workers in the employment of the State, on pain of dismissal, from belonging to an association or group pursuing illegal aims, threatening the interests of the State or exposing the State to danger. The Committee requested the Government to supply information on the practical application of this provision and on the criteria that determine the illegal nature of associations or groups threatening the interests of the State. It also requested information on the rights of the persons covered by section 65(i) of the Act of 1985 to appeal to a competent body, in accordance with Article 4 of the Convention. In its reply, the Government refers to sections 65, 307 and 308 of the Penal Code (which are also referred to by the above Ministerial Order No. 856/b of 1985) which define the activities considered to be illegal under Act No. 1 of 1985. The Committee notes the Government's explanations and requests it once again to indicate which appeal procedures are available to the persons covered by the above provisions and to supply, by way of illustration, copies of administrative or judicial decisions taken concerning them.

7. The Committee also requested information on the application in practice of section 138(1) of the Act of 1985 to issue the conditions of service of workers in the employment of the State, in order to ensure that this provision, under which it is possible to issue an order to dismiss a worker without any necessity of indicating the grounds for the dismissal, could not in practice result in discrimination on the grounds of the political opinion of the person concerned. The Government indicates in its reply that dismissal by order, under the above Act, cannot take place without the worker being aware of the reasons for dismissal, which may concern the dignity of the office, the integrity of the worker or the worker's incapacity to carry out his or her functions. In this case, the person concerned is the subject of an open inquiry by the competent supervisory bodies, and it is on the basis of the outcome of this inquiry that the dismissal order is issued for which the reasons are given in the reasoned grounds for the order or in the accompanying letter addressed to the worker concerned. The Committee notes these explanations and also notes circulars Nos. 57/6-1983/15 of 29 April 1979 and 79/6-3501/15 of 3 July 1983 (copies of which were supplied by the Government) which continue to be in force and which confirm these explanations. It notes, however, that by virtue of these circulars, the workers concerned have the right to appeal to an administrative body, namely the Council of State, only in cases where dismissal is made on the grounds of incompetence and not in the event of failure to uphold the dignity of the office or the integrity of the persons concerned. The Committee requests the Government to supply details in its next report on how these provisions and the above circulars are applied in practice, and to provide copies of some of the dismissal orders that have been issued on the grounds of failure to uphold the dignity of the office or the lack of integrity of the workers concerned.

8. The Committee also hopes that the Government will be able to supply copies of the decisions of the Council of State to which it referred in its previous report.

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The Committee notes with interest the detailed information supplied by the Government in its report in reply to its previous comments and it has also examined the legislation, regulations and statistics supplied with that report.

1. In particular, the Committee notes with interest the new progress achieved in the areas of literacy, education and vocational training for the female population, and the creation in the Ministry of Culture of a higher body responsible for implementing government plans in this field in co-operation with the other ministries concerned, trade union organisations and particularly the Women's Federation. The Committee requests the Government to continue supplying information, including statistics, on the progress achieved in this respect.

2. In its previous comments, the Committee requested the Government, among other matters, to indicate the measures that have been taken in practice to ensure the effective promotion of equality of opportunity and treatment in respect of employment without any distinction on grounds of sex, and also of race, colour, religion, political opinion, ethnic extraction or social origin, in accordance with the Convention and section 25 of the national Constitution. In its reply, the Government refers once again to the legal provisions setting out equality of rights but does not indicate the measures that have been taken and the methods that are used in practice to implement the national policy to promote equality of opportunity and to eliminate any discrimination in this connection, as set out in Articles 2 and 3 of the Convention. The Committee refers in this connection to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation and hopes that the Government will be able to supply the above information in its next report, particularly as regards (a) access to vocational training, (b) access to employment and to particular occupations and (c) terms and conditions of employment. The Committee would also be grateful to be provided with information on the role and activities in this area of the advisory committees set out in section 15 of the Labour Code and the central committees and subcommittees to which reference is made in section 23 of Act No. 1 of 1985 issuing the conditions of service of workers in the employment of the State.

3. As regards the number of women employed in the public administration and in state bodies and establishments, and in enterprises covered by the Labour Code, the Committee notes the detailed statistics provided by the Government and, while noting that certain progress has been achieved as regards the participation of women in the employment market, it observes that only 12.17 per cent of workers of private sector enterprises are women, 15.54 per cent in public establishments and 24.8 per cent in the state administration. The Committee hopes that the Government will continue to endeavour to promote the participation of women in the active population and in higher categories of jobs, and that it will supply information (including statistics) on the progress achieved in this connection.

4. The Committee has examined the whole text of the model rules for public bodies issued under the Act of 1985 to issue the conditions of service of workers in the employment of the State and adopted by Decision No. 3803 of 20 November 1985. It notes with interest that under section 100 of these model rules, with the exception of certain types of arduous or dangerous work, women are subject to the same provisions and terms and conditions of employment as men and it requests the Government to indicate whether they participate equally in vocational training programmes provided by public bodies (sections 24 to 34 of the above model rules) and, if so, to indicate the rate of their participation.

5. The Committee also notes Ministerial Order No. 856/b of 1985 (a copy of which was supplied by the Government) which defines the "shameful acts", convictions for which prevent employment in the public administration or in state bodies or establishments by virtue of section 7(c) of Act No. 1 of 2 January 1985 and section 18 of the model rules for public bodies referred to above. The Committee requests the Government to supply a number of examples of the practical application of this order, particularly as regards the acts referred to in sections 287, 288, 307 and 308 of the Penal Code, to which reference is made in section 1 of the above Ministerial Order.

6. The Committee also refers to the comments that it made, along the same lines, on the subject of section 65(i) of Act No. 1 of 2 January 1985 which prohibits workers in the employment of the State, on pain of dismissal, from belonging to an association or group pursuing illegal aims, threatening the interests of the State or exposing the State to danger. The Committee requested the Government to supply information on the practical application of this provision and on the criteria that determine the illegal nature of associations or groups threatening the interests of the State. It also requested information on the rights of the persons covered by section 65(i) of the Act of 1985 to appeal to a competent body, in accordance with Article 4 of the Convention. In its reply, the Government refers to sections 65, 307 and 308 of the Penal Code (which are also referred to by the above Ministerial Order No. 856/b of 1985) which define the activities considered to be illegal under Act No. 1 of 1985. The Committee notes the Government's explanations and requests it once again to indicate which appeal procedures are available to the persons covered by the above provisions and to supply, by way of illustration, copies of administrative or judicial decisions taken concerning them.

7. The Committee also requested information on the application in practice of section 138(1) of the Act of 1985 to issue the conditions of service of workers in the employment of the State, in order to ensure that this provision, under which it is possible to issue an order to dismiss a worker without any necessity of indicating the grounds for the dismissal, could not in practice result in discrimination on the grounds of the political opinion of the person concerned. The Government indicates in its reply that dismissal by order, under the above Act, cannot take place without the worker being aware of the reasons for dismissal, which may concern the dignity of the office, the integrity of the worker or the worker's incapacity to carry out his or her functions. In this case, the person concerned is the subject of an open inquiry by the competent supervisory bodies, and it is on the basis of the outcome of this inquiry that the dismissal order is issued for which the reasons are given in the reasoned grounds for the order or in the accompanying letter addressed to the worker concerned. The Committee notes these explanations and also notes circulars Nos. 57/6-1983/15 of 29 April 1979 and 79/6-3501/15 of 3 July 1983 (copies of which were supplied by the Government) which continue to be in force and which confirm these explanations. It notes, however, that by virtue of these circulars, the workers concerned have the right to appeal to an administrative body, namely the Council of State, only in cases where dismissal is made on the grounds of incompetence and not in the event of failure to uphold the dignity of the office or the integrity of the persons concerned. The Committee requests the Government to supply details in its next report on how these provisions and the above circulars are applied in practice, and to provide copies of some of the dismissal orders that have been issued on the grounds of failure to uphold the dignity of the office or the lack of integrity of the workers concerned.

8. The Committee also hopes that the Government will be able to supply copies of the decisions of the Council of State to which it referred in its previous report.