Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - República Árabe Siria (Ratificación : 1960)

The Committee notes the Government’s reply to the comments submitted by the International Trade Union Confederation (ITUC) on 4 August 2011, in which it indicates the following: (1) unions are independent, and their independence is guaranteed under several national laws, including in articles 10 and 45 of the new Constitution promulgated on 27 February 2012; (2) the trade union movement is united, from an organizational perspective, in virtue of the decisions taken by trade unions’ confederations and of the new Constitution (article 8) which recognizes political pluralism; and (3) the trade union movement is a pyramidal hierarchy that preserves the legal entity of trade unions, their autonomy and their right to be in possession of property, to defend the interests of their workers and represent them, and to conclude collective agreements and collective contracts.

The Committee notes the comments submitted by the ITUC of 31 July 2012 on the application of the Convention and, in particular, alleging that protests were violently put down throughout the year, that there were deaths and arrests as a result and that the authorities have attempted to stem protests through the increasing use of police and paramilitary force, arrests, trials and the imprisonment of political and human rights activists. The ITUC further alleges that a growing number of strikes are met with violence, injury and often killings. The Committee requests the Government to provide its observations on these serious comments.

The Committee notes the adoption of Labour Law No. 17 in 2010, as well as the new Constitution in 2012.

Article 2 of the Convention. Scope of application. Sections 1 and 5(1), (2) and (4) to (7) of Labour Law No. 17 exclude certain workers from the scope of the law (independent workers, civil servants, agricultural workers, domestic servants and similar categories, workers in charity associations and organizations, casual workers and part-time workers whose hours of work do not exceed two hours per day). Recalling that these workers are covered by the Convention, the Committee requests the Government to indicate whether the rights enshrined in the Convention are provided to these workers by other legislation, and, if this is not the case, to take measures to recognize to these workers, in the legislation, the rights enshrined in the Convention.

Trade union monopoly. In its previous comments, the Committee had requested the Government to indicate the measures taken or contemplated so as to repeal or amend the legislative provisions establishing a regime of trade union monopoly (sections 3, 4, 5 and 7 of Legislative Decree No. 84; sections 4, 6, 8, 13, 14 and 15 of Legislative Decree No. 3, amending Legislative Decree No. 84; section 2 of Legislative Decree No. 250 of 1969; and sections 26–31 of Act No. 21 of 1974). The Committee recalls that the Government indicates in its report that the trade union movement is united, from an organizational perspective, in virtue of the decisions taken by trade unions’ confederations and that the Constitution (article 8) recognizes political pluralism. Noting the Government’s information, the Committee requests the Government to indicate in its next report the measures taken or contemplated to repeal or amend the legislative provisions which establish a regime of trade union monopoly so as to allow possible trade union diversity.

Article 3. Financial administration of organizations. In its previous comments, the Committee had requested the Government to take the necessary measures to amend section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, so as to lift the power of the Minister to set the conditions and procedures for the investment of trade union funds in financial services and industrial sectors. The Committee notes that the Government indicates that, according to the Constitution, trade unions have the right to supervise and inspect their financial resources, without any interference, through a supervision and inspection body elected directly by trade unions. Taking into full account the information provided by the Government, the Committee requests the Government to take the necessary measures to amend section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982. The Committee requests the Government to provide information on any measures taken or contemplated in this respect in its next report.

Right of organizations to elect their representatives in full freedom. In its previous comments, the Committee had requested the Government to take the necessary measures to repeal or amend the legislative provisions which determine the composition of the General Federation of Trade Unions (GFTU) Congress and its presiding officers (section 1(4) of Act No. 29 of 1986, amending Legislative Decree No. 84). The Committee recalls that it should be up to trade union constitutions and rules to establish the composition and presiding officers of trade union congresses; national legislation should only lay down formal requirements in this respect; any legislative provisions going beyond such formal requirements constitute interference contrary to Article 3 of the Convention (General Survey on freedom of association and collective bargaining, 1994, paragraphs 109 and 111). The Committee, therefore, once again requests the Government to provide specific information on the measures taken or contemplated to repeal or amend section 1(4) of Act No. 29 of 1986, amending Legislative Decree No. 84, in accordance with the abovementioned principle. The Committee requests the Government to provide information on any measures taken or contemplated in this respect in its next report.

Right to strike. Penal sanctions. In its previous comments, the Committee had requested the Government to indicate the progress made with regard to the adoption of draft amendments to provisions which restrict the right to strike by imposing heavy sanctions including imprisonment (sections 330, 332, 333 and 334 of Legislative Decree No. 148 of 1949, issuing the Penal Code). The Committee further notes that no reference is made to the possibility for workers to exercise their right to strike in the chapter on collective labour dispute of Labour Law No. 17 of 2010. The Committee notes the Government’s indication that the GFTU is working to modify the Labour Law in order to ensure coherence with articles of the Constitution granting workers the right to strike. The Committee hopes that the law will be amended so as to bring it into conformity with the principles of freedom of association and requests the Government to provide information on any developments in this regard.

The Committee expresses the hope that the measures envisaged to bring the legislation into conformity with the Convention will be adopted in the near future, in accordance with the abovementioned principle. It requests the Government to provide, with its next report, a copy of the amendments as adopted.

The Committee reminds the Government that, if it so wishes, it may include the issues under this Convention when receiving the technical assistance of the Office it has requested under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).