Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre la edad mínima, 1973 (núm. 138) - República Árabe Siria (Ratificación : 2001)

The Committee takes note of the Government’s first report. It also notes with interest that the Syrian Arab Republic ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), by virtue of Decree No. 396 of 4 November 2002. The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes the Government’s statement that one of the national priorities of the Syrian Arab Republic is child welfare at the formal and non-governmental levels. It also notes the Government’s statement that the committees responsible for the welfare of children were merged into a single committee known as the "Upper Committee for Childhood", which was constituted by virtue of Order No. 1023 of 1999 and presided over by the Deputy Prime Minister and the Minister of Social Affairs and Labour. The Committee further notes the Government’s indication that, in order to monitor the implementation of compulsory education and reduce the drop-out rate of children from schools, the Ministry of Education has set up educational offices and committees in each governorate, region, village and districts and set up mobile teams which visit shops and other industrial undertakings to check violations of child labour. The Ministry has further carried out awareness-raising programmes, educational workshops and family council meetings to make parents aware of their duty with regard to the education of their children. The Committee asks the Government to continue providing information on these policies and the results attained, specifying how they contribute to the effective abolition of child labour.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that at the time of ratification the Government declared 15 years to be the minimum age for admission to employment or work. It also notes that section 124 of Labour Code No. 91 of 1959, as amended by Law No. 24 of 2000, states that "under no circumstances shall a young person under 15 years of age be admitted to employment, nor allowed to enter any workplace". The Committee also observes that section 1 of Order No. 923 of 2001, based on the provisions of section 4(c) of the basic Law for state employees provides for an absolute prohibition of employment in any occupation of young persons who have not reached the age of 15 years. It also notes that section 47 of the Law on Agricultural Relations No. 134 of 1958, as amended by Law No. 34 of 2000, prohibits the employment of young persons under 15 years in agricultural work.

Article 2, paragraph 3. Compulsory education. The Committee notes that the Compulsory Education Act No. 35 of 1981 has made education free of charge and compulsory at the primary level between 6 and 12 years of age. It notes with interest the Government’s indication that Law No. 32 of 7 April 2002 has been promulgated in order to introduce a nine-year cycle called the "basic education cycle" which shall be compulsory and free of charge. Under the terms of this Law, compulsory education in the Syrian Arab Republic starts at the age of 6 and finishes by the age of 15 years. The Committee observes that 15 years is also the minimum age for admission to any employment or work specified by the Syrian Arab Republic upon ratifying the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. 1. Private sector. The Committee notes that section 124(c) of the Labour Code of 1959, as amended by the Law No. 24 of 2000, provides that the Minister may prohibit the employment of young persons below 18 years in some industries. According to this provision, Order No. 183 of 2001 contains a list of 50 industries and occupations in which young persons under 18 years of age may not be employed. It also notes that section 4 of the Order No. 183 of 2001 states that young persons who have not attained the age of 18 years may not be employed in lifting, pulling or pushing heavy weights if such weights exceed those indicated in the annexed tables.

2. Agricultural work. The Committee notes that section 49 of Law No. 34 of 2000, amending the Agricultural Relations Law No. 134 of 1958, provides that heavy work shall be defined by decision of the Minister of Social Affairs and Labour. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultations with the organizations of employers and workers concerned, where such exist. The Committee asks the Government to indicate whether any decision by the Minister of Social Affairs and Labour has been issued regarding the types of work or employment in the agricultural sector that are likely to jeopardize the health, safety and morals of children. If so, the Committee asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations have been previously consulted for the determination of such work.

3. State employment. The Committee notes the information contained in the Government’s report to the Commission on the Rights of the Child (CRC/C/28/Add.2), II(44), that rules of procedure for all public bodies issued with Decision No. 3803 of 1985 state that it is prohibited to assign a juvenile to work on dangerous machinery and equipment (hoisting gear, tractors, electrical installations, etc.) and in a number of occupations, including cotton ginning, printing and mining. The rules also prohibit the employment of juveniles between 15 and 18 years of age to carry, push or pull up loads exceeding certain weight limits. The Committee asks the Government to supply a copy of Decision No. 3803 of 1985.

Paragraph 3. Admission to hazardous work as from 16 years. 1. Private sector. The Committee notes that section 124(b) of the Labour Code of 1959, as amended by Law No. 24 of 2000, provides for the prohibition of the employment of young persons under 16 years in some industries determined by the Ministry of Social Affairs and Labour. Furthermore, according to section 126 of the Labour Code, no young person under 16 years of age may be employed in industries and activities identified by decision of the Minister of Social Affairs and Labour, unless they hold work certificates attesting their capacity to perform such work without compromising their health. Such certificates shall be issued by the health department at the request of the young persons concerned. The Committee notes that, pursuant to the provisions of section 126 of the Labour Code, Order No. 182 of 2001 provides for a list of 17 occupations in which young persons under 16 years of age shall not be employed, except if they are in possession of a medical certificate indicating their physical fitness to undertake such occupations. It notes that the list in Order No. 182 of 2001 contains some activities that could be considered hazardous, such as stone and marble carving, engraving and trimming, work on furnaces and brass works. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons who have reached the age of 16 years and perform hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention and to specify if the employers’ and workers’ organizations have been consulted on the matter.

2. Agricultural work. The Committee notes that section 49 of Law No. 34 of 2000, amending Agricultural Relations Law No. 134 of 1958, states that no young person shall be required to undertake night work unless he has attained the age of 16 years, nor shall "young persons" be required to perform heavy work incompatible with their age. It also notes that this legislation does not contain any definition of "young persons". The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons who have completed the age of 16 years and perform hazardous work in the agricultural sector are fully protected and receive adequate specific instruction or vocational training, as required by Article 3, paragraph 3, of the Convention and to specify if the employers’ and workers’ organizations have been consulted on this matter. The Committee also asks the Government to indicate the definition of  "young persons" as mentioned in the second part of section 49 of Agricultural Relations Act No. 134 of 1958 as amended by Law No. 34 of 2000 and the definition of "annual agricultural worker" as used in section 38 of Agricultural Relations Act No. 134 of 1958, as amended by Law No. 34 of 2000.

3. State employment. With regard to state employment, the Committee notes that section 1 of the Order No. 923 of 2001 states that no one under the age of 16 years shall be employed in any production activity. It notes that this legislation does not provide for a definition of "production activity". The Committee asks the Government to indicate the definition of "production activity", as contained in section 1 of Order No. 923 of 2001.

4. Apprenticeship and hazardous work. The Committee notes the Government’s statement that section 15(a) of Chapter 4 of the Internal Statutes of Vocational Training Centres, issued by virtue of Order No. 3696 of 20 June 1979, and section 21 of the same Order specify the minimum age of 15 years for candidates to be accepted for training. It further notes the Government’s information that Order No. 183 of 2001, which provides for a list of industries and occupations that may not employ young persons under the age of 18, exempts from its application, by virtue of section 4, industrial schools and the different institutes and establishments, vocational education and training centres, provided that their internal statutes contain safeguards which monitor young persons and protect them. Young persons must be in possession of a medical certificate delivered by the health department and indicating their physical fitness for the work they are undertaking. The Committee notes that by virtue of the abovementioned provisions young persons from the age of 15 years may be engaged in types of hazardous work during their apprenticeship. It reminds the Government that Article 3, paragraph 3, of the Convention authorizes the employment in hazardous work of young persons between the ages of 16 and 18 years under strict conditions of protection and prior training. It therefore requests the Government to provide information on the measures taken or envisaged to ensure that no young persons under 16 years of age may be authorized to perform types of hazardous work during their apprenticeship.

Article 4. Exclusion of limited categories of employment or work. The Committee notes the Government’s statement that section 129 of the Labour Code of 1959 exempts from the application of the chapter on child labour workers employed in family enterprises in which only members of the same family work under the supervision of the father, mother, brother, maternal or paternal uncle. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of applications arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons of such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state the position of its law and practice in respect of children working in family undertakings pursuant to section 129 of the Syrian Labour Code, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s statement that Labour Code No. 91 of 1959 provides for the system of industrial apprenticeship, which is designated to train young persons of both sexes to attain a skilled worker level. It also notes the Government’s information that this system obliges an employer to have a labour contract for the employment of young persons. Employers undertake to provide training to such young persons on a regular basis, provided that the period of training is fixed and the obligations of the trainee and employer throughout the training period are set down beforehand. The Committee further notes that, according to the Government, the candidate for training has to meet the following criteria: should be 15 years old on the opening of the session and under 18 years; should have obtained a basic educational certificate; should be of good health, free of diseases and disorders which may prevent the candidate from performing the tasks which will be assigned to him/her during the training; should have passed entrance examinations carried out by the department or undertaking. The apprenticeship contract determines the employer’s duties with respect to providing training on the necessary skills, informing the apprentices on best methods of work and providing them with the necessary technical and theoretical knowledge and drills. The contract shall state that they benefit from the same rights and duties as other workers. The Committee notes that the Labour Code of 1959 only provides, by virtue of section 41, that the Minister of Social Affairs and Labour will set the conditions for such apprenticeships and it is not clear in which legislation the abovementioned conditions referred to by the Government are contained. The Committee therefore asks the Government to indicate the provisions where these conditions are fixed.

Article 7. Light work. The Committee notes that, according to section 124(d) of the Labour Code, as amended by Law No. 24 of 2000, the Minister of Social Affairs and Labour may, by a decision, permit the employment of children between 13 and 15 years in light work that is not harmful to their health and development. This provision further states that juveniles under 16 years of age shall not work between 7 p.m. and 6 a.m. and shall not work for more than six hours a day. No "young person" shall be required to remain at the workplace for more than seven consecutive hours. The hours of work shall be interrupted by one or more periods for rest and meals, so as to avoid that the said young person work for more than four consecutive hours. The Committee notes that this provision does not provide for a definition of "young person". It considers that the conditions set forth in this provision have been established to govern work done by children in general and do not provide the necessary conditions to guarantee that light work carried out by children does not harm their health or development or prejudice their participation in education. Moreover, the Committee observes the Government’s statement that section 38(1) of the Law on Agricultural Relations No. 134 of 1958, as amended by Law No. 34 of 2000, states that an agricultural annual worker must be at least 18 years of age. It further notes, according to the Government, that section 38(2) exempts shepherds and workers performing light tasks, provided that they are aged between 13 and 15 years and that they are engaged through their parents, under their responsibility. Light tasks shall be defined by a decision by the Minister of Social Affairs and Labour. The Committee observes that the types of light agricultural work as well as the number of hours during which, and the conditions in which, such employment or work may be undertaken do not seem to be defined by the competent authority, pursuant to Article 7, paragraph 3, of the Convention. The Committee reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light-work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It also asks the Government to indicate the definition of "young person" as mentioned in the Labour Code.

Article 8. Artistic performances. The Committee notes the Government’s statement that the Labour Code has not granted exemptions for young persons to perform artistic work. It also notes that there is no provision in the Labour Code specifically addressing children or young persons who are artistic performers, nor does there exist any provision which authorizes the participation of children in artistic performances by an individual permit. The Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the minimum age who work in activities such as artistic performances, if these are performed in practice.

Part III of the report form. The Committee notes the Government’s statement that the Ministry of Social Affairs and Labour, through its labour inspectors, supervises all issues concerning child labour. It also notes that, according to the Government and by virtue of section 212 of the Labour Code of 1959, inspectors supervise the application of the labour laws and examine all issues which protect workers, especially children. They can take several measures against persons who violate the provisions of the Labour Code, such as giving advice, technical guidance, direct verbal or written warnings and draft procès verbaux to be referred to the specialized court to impose the necessary penalties. The Committee requests the Government to continue providing information on the functioning of the labour inspectorate.

Part V of the report form. The Committee notes that, according to the ILO-IPEC 1999 field survey, 9.8 per cent of the total child population between 10 and 14 years are economically active. This constitutes 4.8 per cent of the total labour force. Of the total number of working children, 12 per cent are under the age of 10 and 38 per cent are between 12 and 14. The majority of children under the age of 16 who are working do so for their parents in the agricultural sector without remuneration. The Committee expresses its deep concern at the situation of children under 15 who are working. It strongly encourages the Government to renew its efforts to progressively improve the situation. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of the contraventions reported and the sanctions imposed.