Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - République arabe syrienne (Ratification: 1960)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to leave their employment. For many years, the Committee has been referring to section 364 of the Penal Code (as amended by Legislative Decree No. 46 of 23 July 1974), under which a term of imprisonment from three to five years may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body, or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derives from a mission, a scholarship or a study leave.

The Committee previously noted the Government’s repeated indication that, in practice, a worker’s right to submit a request for resignation at any time is fully respected, and the competent authority is bound to accept the resignation, provided the continuity of the service is ensured. The Government also stated in its earlier reports that the Committee’s comments had been taken into account in the course of elaboration of the amendment to the Penal Code, in order to ensure conformity with the Convention.

The Government indicates in its latest report that a competent specialized committee is examining the amendments to the above provisions of the Penal Code. Taking into account the existing practice, the Committee trusts that the Government will take the necessary measures to adopt, without delay, the amendments to the Penal Code and that legislation will thereby be brought into conformity with the Convention. It asks the Government to supply a copy of the amendments, as soon as they are adopted.

Legislation on vagrancy. For a number of years, the Committee has been referring to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. The Committee referred in this connection to the explanations in paragraph 88 of its 2007 General Survey on the eradication of forced labour, where it pointed out that provisions concerning vagrancy and similar offences, if defined in an unduly extensive manner, are liable to become a means of compulsion to work.

The Committee previously noted the Government’s indication in its earlier report that the proposed amendments to the Penal Code would accommodate the Committee’s request. Since the Government’s latest report contains no information on this point, the Committee trusts that the necessary measures will soon be taken, in the context of the revision of the Penal Code, with a view to clearly excluding from the legislation any possibility of compulsion to work.

Article 2(2)(d). Work or services exacted in cases of emergency. In its earlier comments, the Committee has been referring to certain provisions of Decree No. 133 of 1952, under which compulsory labour could be exacted from the population in circumstances that go beyond the exception authorized by the Convention. The Committee notes that Legislative Decree No. 15 of 11 May 1971 concerning local administration, supplied by the Government with its report, has repealed the above mentioned Decree No. 133 of 1952. The Committee also notes that, under Legislative Decree No. 15 of 11 May 1971, certain kinds of work or services (national defence work, social services, road work) may be exacted only in the event of war, emergencies or natural disasters (section 23-Z).