Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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and role in society give rise to violations of the principle of equality of opportunity and treatment, and should be repealed.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.