Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Syrian Arab Republic (Ratification: 1960)

Noting that the Government’s latest report was submitted in 2015, the Committee welcomes the efforts made by the Government to fulfil its reporting obligations despite the complexity of the situation on the ground and the continued hostilities in certain parts of the country.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of persons in the service of the State to leave their employment. The Committee recalls that pursuant to section 364 of the Penal Code (as amended by Legislative Decree No. 46 of 23 July 1974) a term of imprisonment from three to five years may be imposed on persons in the service of the State for leaving or interrupting work before resignation has been formally accepted by the competent authority.

The Committee notes the Government’s statement in its report that the legal provisions penalizing State employees who resign without administrative approval were applied during the era of the former regime. The Government further explains that certain provisions are aimed at ensuring the continuity of administrative operations, preventing disruption to public services and the organization of work within them, and avoiding harm to citizens resulting from such disruption. In practice, no prison sentences have been imposed for failure to comply with the resignation procedures.

The Committee takes note of this information. The Committee recalls that statutory provisions which prevent the termination of employment of indefinite duration by means of reasonable notice, and which impose penal sanctions for non-compliance with resignation procedures, transform a contractual relationship based on the will of the parties into service compelled by law. Such provisions are therefore incompatible with the Convention. The Committee therefore reiterates its hope that the necessary measures will be taken to amend section 364 of the Penal Code to bring the legislation into conformity with the Convention and the indicated practice.

2. Legislation on vagrancy. The Committee recalls that section 597 of the Penal Code provides for the punishment of any person who is compelled to seek public assistance or charity as a result of idleness, drunkenness or gambling. It also recalls that vagrancy-type provisions, when drafted in overly broad terms, may be used in practice as a means of compelling individuals to work, which is incompatible with Convention.

The Committee notes the Government’s indication that penalties related to vagrancy are not intended to compel individuals to work, as vagrants remain entirely free not to work. They aim instead to prevent begging, which is seen as necessary to protect the rights of others and maintain public order. Moreover, a person who remains unemployed but does not beg would not be considered to have committed any offence under the law. The Government also states that the Ministry of Social Affairs and Labour, in cooperation with civil society associations, operates care facilities for beggars and vagrants. These institutions provide necessary care and vocational training in various occupations and crafts, with the aim of empowering beneficiaries, facilitating their access to employment opportunities and improving their standard of living. Finally, the Government reports that a committee was established within the Ministry of Justice, pursuant to Ministerial Decision No. 2679 of 2 November 2023, to consider amending the Penal Code. The Committee hopes that, within the framework of the amendments to the Penal Code, the Government will take the necessary measures to amend or repeal section 597 with a view to clearly excluding from the legislation any possibility of indirect compulsion to work,in conformity with the Convention.