Informe provisional - Informe núm. 79, 1965

1. 126. The complaint by the International Confederation of Free Trade Unions (I.C.F.T.U.) is contained in a communication sent directly to the I.L.O and dated 22 April 1964; it was transmitted to the Government for observations by letter of 29 April 1964. The complaint by the International Confederation of Arab Trade Unions is contained in a communication dated 16 May 1964 and also sent directly to the I.L.O.; it was transmitted to the Government for observations by letter of 2 June 1964. I.C.F.T.U sent further information, substantiating its complaint, in a communication dated 29 May 1964; this too was transmitted to the Government for observations, by letter of 18 June 1964. In two communications dated 9 June 1964 the Government made its observations on, respectively, the original complaint by I.C.F.T.U and the complaint by the International Confederation of Arab Trade Unions.
2. 127. The Syrian Arab Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Legislative Decree of 2 March 1964 to Reorganise the Trade Union Movement, the Dissolution of the Committee of the General Federation of Syrian Trade Unions and the Appointment of New Trade Union Officers
  128. 128 The complainants state first of all that, owing to the various changes in régime which have taken place in Syria since July 1962, it is not easy to determine to what extent trade union rights have or have not been respected. However, they continue, there would seem to have been infringement of freedom of association on a number of occasions, notwithstanding the fact that the Syrian Arab Republic has ratified Conventions Nos. 87 and 98.
  129. 129 More particularly, the complainants allege that after the Government of the Syrian Arab Republic had spent more than a year drafting a Bill for a legislative decree on the reorganisation of the Syrian trade union movement, the text of the Bill was submitted for consideration to various bodies, including the General Federation of Syrian Trade Unions. In January 1964 the Chairman of the Acting Committee of the General Federation of Syrian Trade Unions, Mr. Fawzi Bali, and the Secretary, Mr. Rafic Abdin, sent a letter to the President of the National Revolutionary Council, the President of the Council of Ministers and the Minister of Social Affairs and Labour setting forth, in the form of amendments to the Bill, the views of the Committee of the General Federation of Syrian Trade Unions.
  130. 130 According to the complainants the legislative decree in question was promulgated (on 2 March 1964) without the comments of the Acting Committee of the General Federation of Syrian Trade Unions being taken into account. They state that certain of its provisions are contrary to the International Labour Conventions relating to freedom of association.
  131. 131 As the complaints-and the Government in its observations-deal with the provisions of the legislative decree seriatim, it will be convenient to review them in the same manner here.
       • (a) Transitional Provisions
  132. 132 The complainants state that, in its transitional provisions, the decree empowers the Minister of Labour to appoint a committee for the General Federation and a committee for every trade union, composed of members chosen by the Minister, and that he may authorise the said committees to replace the Council of the Federation and the officers of the unions. In the complainants' opinion this provision is contrary to Article 3 of Convention No. 87, which lays down that the public authorities shall refrain from any interference which would restrict the right of workers' organisations to elect their representatives in full freedom. In fact, the complainants continue, only a few days after the text complained of had been promulgated the Minister of Social Affairs and Labour dissolved the Acting Committee presided over by Mr. Fawzi Bali and appointed a new committee, in contravention of Article 4 of Convention No. 87, which declares that workers' organisations shall not be liable to be dissolved or suspended by administrative authority.
  133. 133 In its reply the Government points out first of all that the provisions in question are essentially transitory, to remain in force until 31 August 1964. When examination of the Bill was being concluded, the Government continues, the terms of office of many trade union committees had expired; moreover, some of the committees had been appointed by the political authorities of the former régime; it was also desired to enable trade unions to amalgamate under the new legislation.
  134. 134 The Government goes on to say that it was only in order to enable the trade union movement to start afresh from a sound basis that the transitional provisions in question were issued, and not in order to interfere in the internal affairs of the unions. Indeed, it continues, the powers conferred by those provisions were scarcely used, and only in cases where the previous committee of a trade union had been appointed by the previous authorities or where several unions had amalgamated; some of the trade union committees which had been elected regularly remained unchanged. The Government states at the close of this part of its reply that it is now possible for all trade unions to elect their administrative committees freely and without any intervention from the Government.
  135. 135 It seems to proceed from the information at the Committee's disposal that, although not all the trade union committees were replaced by others which the Government appointed, this was at least the case with some of them, particularly the General Federation of Syrian Trade Unions.
  136. 136 In regard to trade union elections Convention No. 87 is perfectly definite. It provides in Article 3-which binds the Government of the Syrian Arab Republic-that workers' and employers' organisations shall have the right to elect their representatives in full freedom.
  137. 137 Nevertheless, the political vicissitudes through which the country has passed in recent years may have created a misunderstanding of the trade union situation, and it is comprehensible that the Government, in a desire to give the movement a new start, may have considered emergency measures to be necessary in order to correct the situation.
  138. 138 This appears to have been the Government's intention when it issued the measures complained of. These, which were of an entirely transitory character since they have already ceased to have effect, do seem to have been meant only as a preparation for the holding of free elections in the trade unions.
  139. 139 The rightness of this approach may be confirmed by a letter sent to I.C.F.T.U. -with a copy to the I.L.O.-by the Chairman and Secretary of the dissolved committee of the General Federation of Syrian Trade Unions, Messrs. Fawzi Bali and Rafic Abdin (see paragraphs 129 and 132 above). This states that the signatories, like trade unionists throughout the country, support the new committee of the General Federation " which considers the holding of free elections to be its first and essential task ".
  140. 140 In its reply dated 9 June 1964 the Government declares for its part that it is now possible for all trade unions to elect their administrative committees freely and without any intervention from the Government (see paragraph 134 above).
  141. 141 Before it decides finally on its view regarding this aspect of the case, the Committee considers that it must know, first of all, whether trade union elections have actually taken place in Syria and secondly, if so, in precisely what circumstances the elections were carried out.
  142. 142 The Committee therefore recommends the Governing Body to request the Government to be good enough to furnish the additional information mentioned in the preceding paragraph and, in the meantime, to adjourn the examination of this aspect of the case.
       • (b) Formation of Trade Unions
  143. 143 According to the complainants the legislative decree provides that " the trades in which the workers exercising [them] shall be entitled to form trade unions shall be determined by decree ". In their opinion such a provision is a threat to freedom of association in that the public authorities may arbitrarily decide in which trades or professions it shall be permitted to form trade unions.
  144. 144 In its observations the Government says that the purpose of this provision is the classification of all trades practised in Syria, with a view to reformation of all trade unions attached to them; this classification took place by virtue of Order No. 141 dated 2 April 1964, which covered all occupations without exception. " The result ", the Government continues, " has been that all workers have now acquired the right to join or form trade unions and that no worker in any occupation is deprived of this right."
  145. 145 Under Article 2 of Convention No. 87 workers without distinction whatsoever must have the right to establish and to join the organisations of their own choosing. In the light of that Article it is clear that to establish a limitative list of occupations with a view to recognition of the right to associate would be contrary to the Convention.
  146. 146 In the present case, however, it would appear both from the Government's explanation and from the text of the above-mentioned Order of 2 April 1964-which enumerates no less than 171 occupations in a nine-page schedule-that although the list of occupations is apparently exhaustive, its establishment is neither intended, nor has it served, to deprive classes of workers of the right to join or establish unions.
  147. 147 The Committee therefore considers that in the present context, and bearing in mind the observation made in paragraph 145 above, the provision in question does not restrict freedom of association and accordingly recommends the Governing Body to decide that this aspect of the case does not call for further examination.
       • (c) Registration of Trade Unions
  148. 148 According to the complainants the decree provides that the Minister of Labour may object to the registration of a union without making any statement as to his reasons or criteria; " here again there is the risk that arbitrary power will be placed in the hands of the public authorities ".
  149. 149 The Government, for its part, states that the decree gives neither to the Minister of Labour nor to any other authority the power to object to the registration of a trade union. By virtue of section 8, it continues, a trade union is constituted and enjoys the prerogatives of a moral person as soon as its statutes have been submitted, irrespective of any objection from the Ministry of Labour; the Minister can do nothing more than inform the civil court of first instance of the grounds for his objection, if he has one; the court alone can give a ruling on the dispute (section 9).
  150. 150 Reference to the text of the decree indeed reveals that the Ministry of Labour may object to the manner in which a union was established, or to its rules, and must state such objection within 30 days of the deposit of the respective papers for registration, " enjoining the president of the union or General Federation to have regard, within a specified period, to the grounds on which the objection is based ". The decree continues: " If the union does not complete or correct the procedure, the Minister may submit the matter to the court. Having convened the [representatives of the] union or General Federation, the court gives judgment, which shall be final."
  151. 151 As described by the Government, and in the light of the text of the decree, the system now in force does not seem to involve the possibility of abuse by the authorities in connection with the registration of trade unions. In these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
       • (d) Access to Union Books and Registers
  152. 152 The complainants allege that the decree has a provision whereby a trade union is required to make available to the Minister of Labour the register of correspondence, containing the letters received and copies of the letters sent out; this means, in fact, they say, that the public authorities can keep a check on the correspondence of a union.
  153. 153 In its reply the Government states that the legislation in force contains no provision giving the Minister of Labour, directly or indirectly, any access to the books and files of a trade union. Section 10 of the decree, it explains, simply lays down the obligation for a trade union to have its account books stamped by the Ministry of Labour, and its pages numbered, before they are taken into use.
  154. 154 It does not seem to the Committee that such a requirement, which appears to aim only at preventing fraud, is likely to leave scope for violation of the secrecy of trade union correspondence. Accordingly, it recommends the Governing Body to decide that this aspect of the case does not call for further examination.
       • (e) Compulsory Affiliation of Primary Unions to Particular Trade Federations
  155. 155 The complaints refer-alleging that it contravenes Convention No. 87-to a provision under which " each union for a particular trade shall become affiliated to the occupational federation for that trade, under pain of being statutorily dissolved if it fails to do so within one month of receiving a summons to that effect from the General Federation ".
  156. 156 In its observations the Government begins by stating that by virtue of sections 22 and 23 of the decree a trade union can be dissolved only - (a) by decision of its general assembly in accordance with its rules, or (b) by the decision of the court in case of a contravention of legislation.
  157. 157 The Government then states that the quotation given in the complaint is erroneous, as the passage (section 47) reads as follows: " The Committee of each trade union must join the trade federation at the risk of being considered dissolved after the expiry of a period of one month from the date of the written summons to join addressed to it by the General Federation." This text, the Government points out, shows that it is not the union itself, but its committee, which may be dissolved.
  158. 158 If this occurs, the Government goes on, " the General Meeting of the union shall proceed to the election of a new committee for the exercise of its functions. In this way all the members of the union will have the opportunity of discussing the subject of joining the trade federation."
  159. 159 The situation to which this part of the case relates is not clarified by the information at the Committee's disposal. To judge by the Government's observations quoted in the preceding paragraph, it would appear that, once the new committee of a union has been elected, the members have the opportunity of deciding whether or not they wish their union to be affiliated to the trade federation. However, if the latitude is really allowed to them, it is not easy to understand why, under section 47 cited by the Government and reproduced in paragraph 157 above, a trade union committee which refuses to affiliate its union to the trade federation has to be dissolved. Moreover, taken in isolation, section 47 does appear to require a labour union in a given trade to affiliate to the respective trade federation.
  160. 160 In order to be able to reach an informed opinion, the Committee considers that it should know whether the workers are able to decide for or against the affiliation of their union to a federation of unions in the particular trade, or whether such affiliation is prescribed by law.
  161. 161 It therefore recommends the Governing Body to request the Government to be good enough to furnish the information indicated in the preceding paragraph.
  162. 162 The dissolution of trade union committees by administrative authority is contrary to Article 3 of Convention No. 87, which requires the public authorities to refrain from any interference which would restrict, or impede the lawful exercise, of the workers' right to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.
  163. 163 The Committee has already expressed this same point of view in certain cases previously before it, in which it pointed out that the removal by an administrative authority of a person from his office in a trade union is a procedure which may give rise to abuse or to the violation of the right which organisations possess of electing their representatives in full freedom and organising their own administration and activities.
  164. 164 In these circumstances, and since the Syrian Arab Republic has ratified Convention No. 87, the Committee considers that it should recommend the Governing Body to draw the attention of the Government to the importance which it attaches to the principles set forth above and contained in Article 3 of the said Convention, and to request the Government to consider eliminating from its legislation any provisions which are contrary to those principles and, in particular, section 47 of the Decree of 2 March 1964, which provides for the dissolution of union executive committees by administrative authority.
• Allegations respecting the Dismissal of Trade Union Leaders
  165. 165 The complainants allege that many trade union leaders have been dismissed from the waterworks, railways, textile factories and sugar refineries " to prevent them from exercising their trade union rights and activities ".
  166. 166 On this aspect of the case the Government merely states, in its observations, that it considers " these dismissals as purely internal measures such as take place daily in every country of the world ".
  167. 167 The above observation being too brief to permit elucidation as to whether the dismissals in question were or were not measures of anti-trade union discrimination, the Committee considers that before it can make a substantial recommendation to the Governing Body on this aspect of the case it must know the exact grounds on which the persons concerned were dismissed. It would therefore be grateful if the Government could send additional information on this matter.
• Allegations respecting the Exercise of the Right to Strike
  168. 168 The complainants allege that the President of the Revolutionary Council promulgated on 30 April 1964 a decree providing that any person inciting to strike will be brought before a court martial.
  169. 169 This allegation is contained in the I.C.F.T.U communication of 29 May 1964, copy of which was sent to the Government on 18 June. The Government has not yet presented its observations thereon.
  170. 170 In these circumstances the Committee requests the Government to be good enough to furnish its observations on this aspect of the case, and decides that its examination shall meanwhile be adjourned.