Syria
Since 2011, Syria has descended into civil war, killing more than more than 226,000 civilians. According to the latest report of the Independent International Commission of Inquiry on the Syrian Arab Republic, in 2020 violations amounting to crimes against humanity continued unabated. It is estimated that 6.5 million people are internally displaced, while 5.6 million sought refuge in neighbouring countries.
According to the report, 9.3 million people, that is more than half the population, are food insecure. Households are forced to resort to negative coping mechanisms, including child labour.
It is impossible for workers to enjoy their rights in a country where governmental institutions have fundamentally failed to hold those who are responsible for systematic violations of human rights and humanitarian law accountable. Respect for the rule of law is essential when it comes to the protection of the rights of workers.
The ITUC does not have an affiliate in Syria.
Syria ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination.
Restrictions on workers’ right to form and join organisations of their own choosing
- Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- All workers’ organisations must belong to the General Federation of Trade Unions (GFTU), which is strictly controlled by the ruling Ba’ath party. The president of the GFTU is a senior member of the party.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- The law authorises the Ministry of Labour to determine the composition of the General Federation of Trade Unions (GFTU) congress and to set the conditions and procedures for the use of trade union funds. The GFTU has the power to disband the executive committee of any union.
- Restrictions on the right to freely organise activities and formulate programmes
- The General Federation of Trade Unions controls most aspects of union activity and determines which sectors or occupations can have a union.
- Other external interference allowed by law
- The law confers powers to the Minister to set the conditions and procedures for the investment of trade union funds in financial services and in industrial sectors.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Non-national or migrant workers
- Foreign workers may join the union of their profession but may not stand for election to trade union office.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Authorities’ approval of freely concluded collective agreements
- Pursuant to the 2010 Labour Code, collective agreements become effective after they are filed and registered with the Ministry of Social Affairs and Labour. The Ministry has vast powers to object to and refuse the registration of the agreements, however the parties may have recourse to the State Council administrative court.
Limitations or ban on collective bargaining in certain sectors
- Other categories
- Domestic servants and similar workers, workers in charity associations and organisations, as well as casual workers are excluded from the provisions of the 2010 Labour Code.
Right to strike
Right to strike
The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Strikes involving more than 20 workers in certain sectors (including transport, postal services and telecommunications) are punishable by fines and even prison sentences. The same applies to any strike action which takes place on the public highways or in public places, or that involves the occupation of premises. Civil servants who disrupt the operation of public services risk losing their civil rights. Forced labour can be imposed on anyone who causes "prejudice to the general production plan".
In practice
Until 2011, workers generally did not dare exercise the right to strike, given the potential heavy penalties and repression of any activity deemed to be critical of the government. Fear of reprisals meant response to the calls for general strikes during the year was mixed, with a greater turnout in cities considered to be pro-democracy strongholds than in the capital Damascus.
However 2011 was marked by a series of general strikes, which started in March, and which formed a major part of the protests against the repression of fundamental rights and the lack of decent jobs and prospects for the future. Opposition protestors called nationwide general strikes for 18 May, 23 June and 11 December. In addition, there were general strikes in the city of Hama between 3 and 5 June and in the cities of Homs and Hama on 7 July. The majority of these strikes, calling for an end to repression were met with violence, injury and often killings.
The official government-controlled trade union centre (GFTU) has not been involved in the recent strikes but has followed the official government line in describing the reform movement as a conspiracy. The GFTU rejects the suggestion that the political leadership imposes control over the organisation and states that workers at all levels elect their leadership freely and will vote out of office those who do not adequately represent their interests. It also states that the reason for the existence of a single trade union system is that workers themselves reject union diversity because it harms their unity and their interests. The government has used precisely the same argument in its reports to the ILO.
Despite its close links with the ruling Ba’ath Party, the General Federation of Trade Unions (GFTU) rejects the suggestion that the political leadership imposes control over the organisation. The GFTU states that workers at all levels elect their leadership freely and will vote out of office those who do not adequately represent their interests. It also states that the reason for the existence of a single trade union system is that workers themselves reject union diversity because it harms their unity and their interests. The government has used precisely the same argument in its reports to the ILO.
Workers generally dare not exercise the right to strike, given the potential heavy penalties and the reintroduction of repression of any activity deemed to be critical of the government. However, in November 2009, some 30,000 United Nations Relief and Works Agency for Palestine Refugees in the Near East employees from the West Bank, the Gaza Strip, Jordan, Syria, and Lebanon went on strike for a brief period. Workers and union members reported they were striking in order to improve services offered to Palestinian refugees, bring an end to service conditions for employees, and increase the number of employees in the region.