COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS CONSIDERS INITIAL REPORT OF SYRIA
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families has considered the initial report of Syria on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.
Presenting the report, Essa Maldaon, Deputy Minister of Social Affairs and Labour of Syria, said Syria was working to improve the situation of migrant workers and members of their families. While Syria was not traditionally a receiving country for migrant workers, since the beginning of this century it had increasingly become a destination country for migrant labourers, in particular domestic workers coming from Asia. The Government was working to regulate that phenomenon, and had established laws for migrant workers, in particular domestic servants. The Prime Minister had also issued a decree regarding the conditions for closure of labour recruitment services in the country that were hiring foreign workers. Among new laws in the pipeline were ones that would cover the issue of trafficking in persons.
Committee Experts raised questions and made comments on a wide range of issues, including the lack of statistics in the report; protections for foreign domestic workers; contradictory information regarding cases of withholding of foreign workers' passports; denial of the existence of human trafficking in Syria; concerns that foreign workers without permits were not covered by Syrian labour laws; whether a draft bill on civil associations and foundations covered the provisions of the Convention; dissemination of the Convention to foreign workers; the percentage of Syrian expatriates that participated in elections; and the limit on remittances by foreign workers to 60 per cent of their salary. Experts requested further information about the new law that allowed for non-Arab workers to belong to trade unions, as well as on the new decree to protect domestic workers; whether the Convention was applied to foreign workers in irregular situations; and what was the exact status of the Palestinian refugees, many of whom had been living in Syria since 1948.
The delegation of Syria also included Faysal Khabbaz Hamoui, Permanent Representative of Syria to the United Nations Office at Geneva, and other members of the Permanent Mission in Geneva, as well as representatives from the Ministry of the Interior, and the Syrian Commission for Family Affairs.
When the Committee meets this afternoon at 3 p.m., it will take up its consideration of the initial report of Bolivia (CMW/C/BOL/1).
Report of Syria
Syria is not a country that generally attracts foreign workers, and migrant workers do not settle there in large numbers or for protracted periods of time. According to the initial report of Syria (CMW/C/SYR/1), this is largely because there is sufficient Syrian (domestic) labour to satisfy overall market demand at all levels. Most migrant workers in Syria are nationals of poor Arab States who are not able to find work in the Gulf States. Most of them are ordinary workers insofar as their qualifications are concerned, and it is easier for them to come to Syria, because Syria does not ask for an entry visa from nationals of Arab States. As for non-Arab workers, they cannot be classified as migrants, because their presence in the country is usually regulated by agreements (normally bilateral accords) involving the completion or implementation of large and specific (public sector) projects; these workers tend to leave once the project is finished. Generally speaking, they are employed by the foreign entity which carries out the project and which brings in its experts to do the job. These entities may also employ local (Syrian) workers. As a rule, the situation of this category of workers (experts) is governed by the contract with the contractors implementing the project.
With regard to quantitative and qualitative information on the characteristics and nature of the migration flows, it should be pointed out that there is no database with accurate quantitative information. As for qualitative information, Arab workers are the source of such labour. In qualitative terms, these workers can be described as non-technical workers with no special skills. They are employed solely in agricultural services, as guards of large buildings or as domestic staff. There are no figures on Syrian migrant workers. We can say that most of them are skilled workers and are employed in the Gulf States. The Syrian Labour Code does not discriminate between Syrian and migrant workers, whether the latter are Arabs or foreigners. Therefore, migrant workers residing in Syria are subject to the same laws as Syrians in respect of remuneration, working hours, family allowances and child labour. Foreign workers who are legally resident in Syria are entitled to social security. Migrant workers face no difficulties when leaving or returning to the country but must simply comply with legal procedures which are the same for nationals and foreigners. In addition, all public hospitals in the country offer a full package of medical care to everyone in Syria without distinguishing between nationals and foreigners. Moreover, all children living in the country, regardless of their origin, enjoy the same protection without any form of discrimination.
Presentation of Report
ESSA MALDAON, deputy Minister of Social Affairs and Labour of Syria, introducing the initial report of Syria, said Syria was working to improve the situation of migrant workers and members of their families. The fact was that the situation concerning migrant workers labour still had a long way to go. However, Syria was confident that it would learn from the Committee's expertise how it could reach the elevated standard set out in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. While reading recommendations and remarks of the Committee, Syria found them very comprehensive and profound. There was a unity of vision in diagnosing the problems concerning migrant workers between Syria and the Committee.
Mr. Maldaon observed that Syria had embraced the human rights system and was one of the first countries to ratify all seven core international human rights conventions. It should be emphasized that Syria was not traditionally a receiving country for migrant workers, as Syria had a sufficient domestic workforce, for both skilled and unskilled labour. Since the beginning of this century, however, Syria had increasingly become a destination country for migrant labourers, in particular domestic workers, coming from Asia. The Government was working to regulate that phenomenon, and by Ruling 281 in 2006, the Prime Minister established laws for migrant workers, in particular domestic servants. The Prime Minister had also issued a decree regarding the conditions for closure of labour recruitment services in the country that were hiring foreign workers.
Syria had taken all the necessary measures with receiving states as stipulated by international law to prevent any violations or excesses of rights. Those took into account the concerns of the sending country. Among new laws in the pipeline were ones that would cover the issue of trafficking in persons as well as migrant workers.
Questions by Experts
AHMED HASSAN EL-BORAI, the Committee Expert acting as Rapporteur for the Report of Syria, began by noting that Syria had been among the first States to ratify the Convention, as well as one of the first to submit its initial report. On the report itself, and the replies to questions by Experts, the Committee had taken note of what had been said about the lack of statistics. In particular, that Syria was unable to submit statistical data. That made it very difficult for the Committee to determine how the Convention was being implemented. It was hoped that more statistics would be forthcoming. There were some numbers, but they were unclear or raised other questions. For example, the figure that 550 Iraqis out of the enormous numbers of Iraqi refugees in Syria today had been granted work permits.
The replies, in particular, did not always respond directly to the questions asked, and often did not show how the Convention was being applied concretely today. For example, the question on the role of non-governmental organizations in the implementation of the Convention or in the preparation of the State party's report had never been clearly answered. Moreover, the response to the question on whether effective consular measures were taken to assist Syrian labourers abroad did not provide any examples of how that was done. There was also a lack of clarity in response to questions concerning impediments to Syrian citizens wishing to return to their country.
Regarding expulsion of migrant workers from Syria, Mr. El-Borai was concerned to hear a reply regarding how “exigencies of national security” and “economic and social interests of the State” were interpreted for the purpose of a revocation of a work permit under Syrian law, in particular showing how such interpretations were not inconsistent with the Convention.
In a number of areas Syrian legislation appeared to be in contradiction with the Convention, including with regard to the registration of non-Syrian children in school, and the right of foreign workers to be a member of a trade union.
AZAD TAGHIZADET, the Committee Expert acting as Co-Rapporteur for the Report of Syria, said he was dissatisfied with some of the replies to the Committee's questions, which were incomplete, and the lack of statistics, or the lack of coherence in the statistics cited – for example that there were as many Syrians living outside the country as living in Syria today. Better statistics were needed both on migrants coming into and leaving the country. In particular, there was not enough information with regard to the rights of migrant workers, as well as their actual situation.
Mr. Taghizadet also wondered if Syria was organizing specific consular services for migrant workers in cities where there were large concentrations of migrants living?
Other Experts then asked a number of questions, and made comments, on a wide range of issues, including protections for domestic workers, and bilateral treaties with sending countries – in particular Indonesia – in that regard; information submitted by Syria that foreign workers' passports were confiscated, and that it was impossible to protect against that; and the denial of the existence of human trafficking in Syria. An Expert was concerned that foreign workers without permits would not be covered by the labour laws and had no administrative redress for violations of their rights in the employment sphere. An Expert asked if the draft bill on civil associations and foundations mentioned in the delegation's written replies to questions covered the provisions of the Convention? It was also an unsatisfactory response, with regard to dissemination of the Convention, to say that foreign workers who did not speak Arabic "generally obtain information from their embassies" on the Convention.
An Expert was also concerned that Syria had not ratified ILO Conventions Nos. 97, on Migration for Employment; 105, on Abolition of Forced Labour; and 143, also on Migrant Workers (Supplementary Provisions); as well as Convention No. 14 on the right of Arab workers to social security when they move to work in other Arab countries.
Response by Delegation
Responding to questions, the delegation stated that with regard to statistics, there was a weakness in Syria and other developing countries regarding data in general. Syria did not have a database on its workers, whether citizens or foreign, but it was addressing that problem. Syria would be establishing a database in cooperation with the ILO and the United Nations Development Programme, under the auspices of its Labour Ministry.
As for foreign workers’ affiliation with trade unions, in the past the law only allowed Arab citizens to join trade unions. That law had since been amended, in accordance with ILO conventions, allowing all foreign workers to join trade unions, the delegation said.
Concerning workers coming from South East Asia, Syria had no problem with such workers coming to the country. There were now some 40,000 domestic servants coming into the country from South East Asia and Africa.
Among the major issues regarding the workforce today was the huge number of Iraqi refugees that had been coming into Syria owing to the war being carried out in their country by the United States. Of course the Iraqi refugees wanted to work. However, as they had come in such large numbers in such a short period of time – 1.3 million according to the United Nations Refugee Agency, although it was really much more than that – it was impossible for Syria to deal with that situation. Most of them were working illegally in Syria.
Concerning labour from non-Arab countries, the delegation said such workers were scarce. The majority of them were domestic workers.
Since 2000, Syria had entered a new phase, distinguished by more openness in the multilateral system. Syria had taken very bold steps, not just with regard to migrant workers, the delegation underscored.
As to how migrant workers got information from Syrian consulates, Syrian expatriates were “spoiled children”, the delegation said. Regarding any limits on the return of Syrian expatriates to Syria, such limits sprung from the fact that many of those Syrians abroad had never fulfilled their military service. Nevertheless, those who had not fulfilled their military service had been granted the ability to return to the country from 3 to 6 months, without being subject to any prosecution.
Regarding withholding passports, it was crystal clear from the report that there were no cases of such holding of passports, as it was stated in the responses. There was no slavery or forced labour whatsoever in Syria, the delegation stressed.
With regard to the state of emergency, nobody felt that emergency situation; it simply concerned the national security of the country. It did not affect labour issues. Syria was at war. Some spies were trying to cross their borders, but that had nothing to do with labour problems, the delegation underscored.
On the draft text of the human trafficking bill, the delegation asserted that the text was better than those in place in some developed or industrialized countries. For example, a trafficked man or woman would not be subject to any sanctions before the State courts or law enforcement authorities. In giving testimony, they would also be accorded full witness protection services.
As for the current law on trafficking in persons, the delegation said that it had been decided to draft a new bill because the convention on human trafficking required States parties to have laws in their books, and there were no current laws in the books for trafficking, as Syria was not a destination country, but merely a transit country for trafficking.
Concerning Syria's commitment to the human rights treaties that it had ratified, the delegation recalled that over the past seven years Syria had enacted as many laws again as had previously been enacted since 1946. Syria was undertaking a whole slew of activities to implement its international obligations, but it was true that it needed technical and financial assistance to do that.
Further Questions by Experts
In follow-up questions, Experts asked for further information about the new law that allowed for non-Arab workers to belong to trade unions, as well as on the new decree to protect domestic workers; whether the Convention was applied to foreign workers in irregular situations; what was the exact status of the Palestinian refugees, many of whom had been living in Syria since 1948; and the limit on foreign workers who were allowed to remit only 60 per cent of their salary.
With regard to retaining passports, an Expert said that it was clear that there was nothing on the books that said that Syria could retain passports. However, they had all heard testimony from women that had their passports being withheld when they were transiting through Syria to Gulf States. It was not legal, but it did happen.
Response by Delegation
Responding to these issues and others, the delegation said the ceiling on remittances had been adopted to preserve national cash reserves in the country. Syrian citizens were also prevented from making financial transfers to other countries. With the new economic reforms, those were among laws that would have to be reformed.
The confiscation of passports was not authorized by law in Syria, the delegation said, but in some cases the employers, or the heads of households employing domestic servants, withheld passports to avoid theft and similar situations. In such cases, the employer was liable. Syria was not like Gulf countries, many of which did have laws authorizing the withholding of passports. Moreover, female artists that came to the country did have their passports withheld, but those female artists, upon showing proof of employment, were issued a certificate that allowed them to move about freely in the country. When the certificate expired, the female artists had their passports returned to them and they were free to leave the country.
On human trafficking, it was Syria's position that the mandate of the Committee did not extend to the issue of human trafficking, which did not exist in Syria in any case.
Concerning trade union membership for migrants, Decree No. 25 on freedom of association, adopted in 2000, granted foreigners the right of freedom of association. A copy of the text would be provided to the Committee.
As for the ratification of ILO conventions, in particular Nos. 97 and 143, as well as the convention on social security for Arab workers, the delegation said that Syria had ratified many ILO conventions, but many had also not been ratified for procedural reasons. Those procedures went through several stages. First, a tripartite committee reviewed all conventions, and that often occasioned delays. However, delays in ratification did not mean that Syria had no intention of ratifying those conventions.
On the role of civil society in Syria, the delegation observed that the Federation of Trade Unions and Professional Associations was strong in Syria, and that foreigners were free to join those groups. There were some 100 non-governmental organizations (NGOs) working in Syria in the economic, social and scientific fields. A number of those NGOs worked in the field of human rights, including women's rights, children's rights, and other vulnerable groups. There were, however, no specialized NGOs that worked specifically on migrant workers. Perhaps that was because, as mentioned earlier, there were not very many migrant workers in Syria and there had been no need for such organizations. There was nothing in the law that prohibited migrants from creating such NGOs. Indeed, whereas the old law was silent on the subject, the new law on associations and foundations provided explicitly for foreigners to be able to found trade unions, professional associations or non-governmental organizations.
On the other hand, there were some NGOs that were active in working with some communities that had been present in Syria for a long time. There was an NGO that worked with the Greek community, which had long been established in the country, for example. There were also cultural friendship associations, such as a Syrian-French or Syrian-British group, which examined issues of interest to foreigners and Arabs that were relevant to Syria.
The agreement on female domestic workers with Indonesia had not been signed yet. The text was before the competent authorities of both countries at present, the delegation said. The Syrian Government did intend to arrange such bilateral treaties with other countries, and negotiations were under way with those countries.
On education for the children of migrant workers, the law did not prohibit such children from going to Syrian schools – public or private, the delegation said. However, education in Syria was in Arabic. Children would have to have knowledge of Arabic to have access to education in Syria – it was not a requirement, it was a de facto necessity. There were many foreign children educated for free in Syrian public schools, including some 30,000 Iraqi children.
Regarding concrete examples of help delivered by embassies and consulates to Syrian workers abroad, the delegation said that in thousands of cases Syrian embassies in Gulf States – where there was the greatest concentration of Syrians working abroad – had interfered so that no harm would be inflicted on Syrian workers. However, it was clear that Syrian workers working outside the country were not sufficiently aware of the provisions of the Convention, and awareness-raising was clearly needed.
On the national level, there was an annual congress for expatriates in Syria – hosting as many as 400 participants. Moreover, Syria had established a Ministry for Expatriates in 2000. That Ministry had been offered a wide range of competencies. There were also monthly meetings of Syrian communities held by consulates abroad to discuss problems facing expatriates, whether with their host country or with Syria.
The question of Iraqi refugees in Syria was outside the scope of the Convention and therefore outside of the Committee's competence. The Iraqi refugees' situation was governed by the Convention on Refugees. The delegation recalled that the Special Rapporteur on the right to food, in his report to the Human Rights Council, had observed that in the case of the nearly 1.5 million Iraqi refugees Syria had provided assistance beyond expectations and had shouldered burdens that no one else could support. Syria had also been praised for providing education to Iraqi children, but it was true that its school system was completely overwhelmed by the demand.
Palestinian refugees had almost every advantage and right that Syrians enjoyed, the delegation said, in terms of their identity, passport, health, employment and education rights. Only two rights were not granted: Syrian nationality, and the right to vote.
Regarding expulsion of workers and their dismissal, for those who resided in Syria, whether Arabs or foreigners, if they perpetrated a crime they were dismissed. Syria did not say expulsion, however, Syria deported anyone who committed a crime that threatened national safety and security. Such crimes included illegal entry into the country; theft; fraud of documents; counterfeiting; passport fraud; prostitution; and drug crimes.
Imprisonment of Syrian expatriates returning to the country involved Syrians who had illegally left the country, the delegation said. In cases of that kind, those individuals were arrested at the border. There was another category of such people who were not arrested at the border: those who had left officially, but who had travelled illegally to another country, without a visa. In those cases, the passport division was responsible for dealing with the situation.
A child born in Syria of foreign parents would be registered and given a card with his photograph and the name of his father, the delegation said. The parents could then register their child with the relevant consulate.
On the issue of access by irregular migrant workers to labour courts, the delegation explained the historical background of Syria's labour laws. The particular law that set up the commissions had been a political law, promulgated when Syria split from Egypt back in the 1960s. There had been fears at the time that Egyptian workers would be summarily dismissed. The law provided for labour courts or commissions to adjudicate cases of arbitrary dismissal in that context. Without a labour contract, if an irregular worker was seeking redress for their rights in the case of a de facto contract, then equity and justice required that they refer to an ordinary court to have those rights upheld.
One way in which Syria was seeking to protect the rights of domestic workers was to develop a model contract for that category of workers, the delegation said.
Follow-Up Questions by Experts
In a second round of follow-up questions, ABDELHAMID EL JAMRI, the Committee Chairperson, observed that the Committee was not so categorical to say refugees were outside of its remit. Refugees often went through many stages before they obtained refugee status. In many cases, refugees only gained refugee status after having first having been migrant workers. If refugees were working in a foreign country, the Committee considered that they fell under the Convention.
The Chairperson also asked what the delegation had meant yesterday by calling Syrians nationals living abroad "spoiled children"? Furthermore, did Syrian expatriates have any fiscal or other ties to Syria, in terms of income tax or otherwise?
Other Experts then further commented upon and asked for more details about issues such as the confiscation of certain categories of passports (female artists); the need to allow migrants access to labour courts, even in the absence of an employment contract, as set out in international law; and what percentage of Syrian migrants abroad were able to participate in elections.
Response by Delegation
Responding to these issues and others, the delegation said, with regard to refugees, that in all cases, whether migrant workers were refugees or not, Syria had a well known and well established methodology for dealing with refugees. That had been demonstrated in the case of the Palestinians and Iraqis, as previously mentioned, despite the social, political and financial costs involved. But those services were provided temporarily; they were not a substitute for the return of the refugees to their home countries.
Speaking of the "spoiled children" of Syria – those who were abroad – that was probably just a mistranslation. The delegation had not said that Syrians abroad were "spoiled children" but that they were "pampered". What had been meant was that they were offered services abroad of very high quality via the Syrian consulates and embassies.
On the question of the role of NGOs in preparing the report, the delegation wished to be fully transparent: NGOs had not participated in the preparation of the report. It was the wholly drafted by the Government. However, they were learning. Future reports would be drafted with the input of not just NGOs, but also with the assistance of trade unions.
It was true that there used to be a black market in Syria, which was used by foreign workers to remit 100 per cent of their salary abroad. But that market was dwindling now. Monetary policies had been amended to allow foreigners and citizens to make remittances outside Syria in a free way, the delegation said.
In accordance with a presidential decree, which came into force in 2004, expatriates no longer had to pay income tax, the delegation added.
To clarify the situation with regard to foreign workers and work permits, the delegation observed that foreigners working in the country who had entered the country legally, but who were working without a work permit, would be deported, as it was illegal to work without a permit, the delegation said.
The right to vote abroad was protected by the courts. During the parliamentary or presidential elections there were election offices set up in most of the cities and countries were Syrians resided abroad and the participation by expatriates was high, the delegation affirmed.
On violations of the provisions of the Convention, that did not take place on the ground, the delegation affirmed. Maybe slight discrepancies, but not violations, that was too big a word. As for the limit on remittances, the salaries in Syria were so small, that a cap of 60 per cent was unlikely ever to be exceeded. To be frank, it would be almost impossible to live on 40 per cent of a salary in Syria. Moreover, the figure of 60 per cent was only on paper. In fact, the remittances were in full. It was not a problem at all as far as Syrians were concerned, and they were going to take that fully into account.
Concluding Comments by the Chairperson
ABDELHAMID EL JAMRI, the Committee Chairperson, in some final comments, thanked the delegation for the dialogue and its replies to questions. Following that dialogue, the Committee had a better idea of how Syria operated with regard both to migrants working in the country and to Syrians working abroad. There were a number of important observations that had been made by the delegation that had been missing in the report. Several Experts had been surprised by the lack of statistics and the lack of information in the reports, given Syria's capabilities, and in particular a lack of some positive information that could have been included in its report. There had also been an issue with contradictory information being provided, such as that passports could never be withheld, and then later statements that certain categories of workers (female artists) could have their passports withheld.
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