| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: SYRIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
SYRIA
Syria is ruled by an authoritarian regime which, although it
maintains some of the trappings of democratic government,
places virtual absolute authority in the hands of President
Hafiz Al-Asad. Key decisions regarding foreign policy,
national security, and the economy are made by President Asad
with counsel from his ministers and principal advisers.
Although the Parliament is elected every 4 years, the Ba'th
Party is guaranteed a majority. The Parliament generally does
not initiate laws but only passes judgment on those proposed by
the executive. All three branches of government are guided by
the views of the Ba'th Party, whose primacy in state
institutions is mandated by the Constitution.
Except for a hiatus in 1973-74, Syria has been under a state of
emergency since 1963. The Government has justified martial law
by the state of war with Israel and continuing threats posed by
terrorist groups (Islamic extremist, Iraqi, and Lebanese).
However, the regime's suppression of all opposition has been so
effective that antiregime manifestations have been very limited
in recent years.
The Government maintains an extensive security apparatus. The
state of emergency allows this apparatus wide latitude in
dealing with suspects, detainees, and prisoners. The several
main branches of the security services operate independently of
each other and outside of the legal system. Each continues to
be responsible for severe human rights violations.
Syria's mixed economy, based on commerce and agriculture, is
dominated by an inefficient public sector, but includes growing
private and mixed sectors. Oil is a major export. The regime
is trying to promote growth in the private sector through
statutory changes providing incentives, but excessive
bureaucracy and endemic corruption discourage domestic and
foreign investment. Most agricultural land is privately
owned. In the 1990's, real economic growth has been about 7
percent per year. Annual per capita gross domestic product is
about $900.
Although the Government released some political prisoners,
responded to some international inquiries regarding detainees
and prisoners, loosened exit permit issuance to Syrian Jews,
and brought hundreds of other cases to trial, thereby ending
long periods of indefinite detention, there was no basic change
in the human rights situation in 1993. Basic human rights
remain tightly restricted. It is widely accepted that
several thousand persons remain imprisoned without trial. The
major human rights problems include arbitrary arrest and
detention, systematic torture, lack of a fair trial in security
cases, and the denial of the right of citizens to change their
government as well as the freedoms of speech, press,
association, and certain worker rights. Syrian government
resistance to human rights monitoring makes it difficult to
know precisely the details and numbers of such abuses.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of executions for political beliefs in
1993 and no confirmed instances of the Government's
extrajudicial killing of detainees. However, given past
practice and the secrecy that still surround those held at
various security facilities, the regime may still engage in
summary executions at such facilities.
There were credible reports of at least three people dying
while in detention. The exact cause of death was not
determined, and families were not allowed to view the remains.
Human rights groups have received reports questioning whether
the death in custody of long-time political prisoner and former
President Salah Jadid was due to natural causes, as claimed by
the Government, or whether Jadid was killed. Shakar Tabban, a
lawyer, reportedly died in December 1992 due to torture and
ill-treatment.
b. Disappearance
There were no reports of disappearances in 1993, but the
welfare and whereabouts of hundreds of persons held
incommunicado from previous years remain largely unknown (see
Section l.d.). The Government has provided information on a
small number of those held incommunicado.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the Constitution prohibits torture and the Penal Code
provides severe penalties for government officials who engage
in it, the practice of torture and abuse remains widespread and
systematic in criminal, political, and security-related cases.
Released detainees or prisoners have credibly reported that the
Government maintains facilities specially equipped to inflict
physical harm on those being held. Detainees are subjected to
both physical and psychological abuse. Torture is used to
extract information from suspects; in some cases relatives or
acquaintances of the suspect have been tortured in order to
obtain information about the suspect. Among the forms of
physical abuse practiced by government-employed torturers are
application of electrical shocks on sensitive parts of the body
and beatings (sometimes while the victim is bent over and
suspended from the ceiling in a tire or a chair). There are no
known instances of the Government investigating or punishing
those alleged to have committed torture or abuse. (See also
Lebanon report.)
Fifteen members of the Committee for the Defense of Democratic
Freedoms and Human Rights in Syria (CDF) reportedly went on a
3-week hunger strike in August to protest their imprisonment
and alleged torture.
Prison conditions continue to be poor, particularly in older,
more overcrowded facilities; security prisons are markedly
worse than civilian prisons. Medical treatment and facilities
are inadequate in both types, and injuries and chronic ailments
from torture, overcrowding, and grossly inadequate sanitation
and health facilities are either not treated or are treated
unsatisfactorily.
d. Arbitrary Arrest, Detention, or Exile
While the Civil Law Code generally provides for due process,
these provisions do not apply to security and political
offenses, which are treated under the State of Emergency Law.
Under provisions of the state of emergency, the Government
continues to suspend normal safeguards and engage in what the
law calls "preventive arrest." Persons are arrested secretly
without warrant, held indefinitely without charge or trial, and
denied the right to a judicial determination of the basis for
pretrial detention. Detainees have no redress for false arrest
and usually cannot be contacted by family or friends, who most
often do not know where the detainee is being held. Some have
been held without trial for more than 20 years. Under the
state of emergency, those suspected of economic-related crimes
may also be detained without trial or access to counsel or to
relatives. Many people who have disappeared are believed to be
held in the security prisons. Frequently, the detained person
is eventually released without being charged.
Even with the reported release of more than 4,000 detainees and
prisoners (including security detainees and some 60 women
detainees) in 1991 and 1992, it is still believed that there
are thousands of political detainees. The Syrian Government
has not responded to requests by the U.S. Government and human
rights organizations for a list of names of those amnestied or
otherwise released. Members of Ba'thist organizations and the
banned Party for Communist Action (PCA) were reportedly among
those released in recent years.
The Government released at least eight political prisoners in
June-July 1993. In addition, of the six women taken into
custody in late 1992 and early-to-mid 1993, three were released
in late 1993. According to the Government, the other three
were released earlier, although human rights groups contend
that these three still remain in detention. Releases in 1993
included alleged members of the Kurdish Workers Party as well
as members of the Party for Communist Action. One alleged PCA
member had been detained previously for 5 years, released, and
rearrested in June. There were also unconfirmed reports that
the Government released in November at least 20 members of the
banned Muslim Brotherhood after long periods of detention. It
is possible that some of those released had been tried and
found guilty by the State Security Court and then released
because they had already served the periods of incarceration
imposed in their sentences.
The majority of detainees still held are reputed members of the
Muslim Brotherhood. Other detainees are connected with
factions of the Ba'th Party, the Iraqi wing of the Party, or
are allegedly associated with the following banned groups: the
Party for Communist Action, the Syrian Communist Party
Political Bureau, the Arab Socialist Union Party in Syria, and
the Nasserist Democratic Popular Organization. A group known
as the Islamic Unification Movement claimed that 120 of its
members were being detained. The Government has used the
possession of material from banned political organizations as a
frequent pretext for detention.
The Government is known to have detained the relatives of
suspects in both criminal and security cases as a means of
compelling individuals being sought by authorities to surrender.
Although the Government has exiled persons in the past, there
have been no reported instances of exile for several years.
e. Denial of Fair Public Trial
The court system comprises separate civil courts; penal and
criminal courts, whose jurisdiction includes economic crimes;
and religious, military, security, and constitutional courts.
There are major differences between the types of Syrian courts
in terms of respect for human rights.
Persons charged with security or political offenses fall under
the jurisdiction of the military-controlled State Security
Court, established in 1968. Defendants in this Court have few
safeguards of their rights; court sessions are generally closed
(although an international observer was allowed to attend the
sentencing portion of a prominent trial in 1992, and Amnesty
International representatives attended sessions of some trials
in May 1993); defendants have no say in the selection of a
lawyer, who is chosen by the court; defense attorneys are
unable to consult with their clients outside the courtroom or
to call witnesses to refute prosecution charges; and the
Government does not allow for independent medical examinations
of the defendants to determine whether physical abuse has
occurred during pretrial detention. The Government does not
generally release information on the trial or sentencing, but
relatives with influence in the Government sometimes succeed in
obtaining information and even effecting the release of the
accused. The sentences are not subject to appeal, but the
President may nullify, alter, or confirm State Security Court
sentences.
A special military Field Court, created during the period of
the Muslim Brotherhood rebellion in the early 1980's,
reportedly still exists to deal with serious security
offenses. As part of the Government's general crackdown on
smuggling, the Field Court reportedly tried cases involving
arms trafficking in 1993. The accused is not permitted legal
representation at Field Court proceedings, which are held in
secret.
Regular civil and criminal courts are under the jurisdiction of
the Ministry of Justice. The accused in a criminal case is
detained provisionally upon the accusation of the public
prosecutor, then remanded to a judge for arraignment. The
judge may either dismiss the charges on the basis of
insufficient evidence or refer the case to a criminal court.
Defendants in civil and criminal courts are entitled to legal
representation of their choice. If they cannot afford a
lawyer, one will be appointed by the court. These courts
impose no restrictions on lawyers representing their clients
and allow the right of appeal to criminal or civil appellate
courts found in each province. Criminal courts also provide
for bail. In noncontroversial cases, courts are normally free
of governmental coercion, although the Government can bring
pressure to bear if it wishes to do so. Defendants in criminal
cases are allowed to present evidence and confront their
accusers. Trials are public, except for cases involving
juveniles or for crimes such as rape. Cases are tried before a
judge; there is no jury system. The slow and cumbersome legal
system can leave suspects languishing in prison for months.
Following the fire in Hassakeh prison in May, the alleged
perpetrators were rapidly executed, raising questions as to
whether they had been afforded due process.
According to the Constitution, the High Constitutional Court
investigates and rules on petitions submitted by the President
or at least one-fourth of the members of the People's Assembly
challenging the constitutionality of laws or legislative
decrees. It has no appellate jurisdiction over cases from the
civil or criminal courts.
Human rights groups estimated that in 1993 some 330 to 500
cases of political detainees were brought before the State
Security Court. Many of those tried in 1993 reportedly had
been imprisoned for 10 or more years before trial. One human
rights group estimated that the State Security Court handed
down about 60 sentences between July 1992 and May 1993.
The defendants in many of these trials were reportedly accused
of membership or participation in the activities of banned
political organizations whose activities the Government claims
include the forcing of political change through violence. Some
of the alleged activities do not include violence but rather
opposition to the objectives of the Ba'th Party or the
dissemination of false information which could weaken the
people's confidence in the objectives of the Ba'th revolution.
At least 34 defendants were found guilty of disseminating false
information, receiving money from abroad, or withholding
information from the authorities. Those tried in 1993 included
members of a Syrian human rights group, the Committee for the
Defense of Democratic Freedoms and Human Rights in Syria (CDF),
and those accused of membership in the banned Party for
Communist Action.
While the defendants in the 5 CDF cases tried in 1993 had not
yet been sentenced at year's end, the 10 CDF members found
guilty in 1992 received sentences ranging from 5 to 10 years.
Some sentences specified the "deprivation of civil liberties"
after prison sentences are completed; such deprivations
reportedly include prohibitions on foreign travel and holding
government positions. Twenty-four members of the PCA were also
found guilty and sentenced to between 10 and 15 years in
prison, some with forced labor. The Government charged that
the PCA sought to change the government by violence and opposed
the objectives of the Ba'thist Revolution. One CDF defendant,
the writer Nizar Nayyuf, was convicted for his alleged
activities in the CDF and for having circulated a leaflet
reportedly questioning the legitimacy of the 1991 presidential
referendum. The court found him guilty of disseminating false
information that would undermine public confidence in the Ba'th
revolution. Nayyuf was awarded one of the Pen Freedom to Write
awards in May 1993. Another trial involved an engineer, Sayih
Khayr Bek, who had been detained since 1980 when the regime
cracked down on professional associations that had organized a
national strike to protest the state of emergency.
The Government does not release information on the number of
persons detained or imprisoned for political or security
offenses, but credible estimates run from 3,800 to 9,000
(including persons held in Syrian detention facilities in
Lebanon). The Government continues to contend that persons are
detained not because of their political beliefs but because of
criminal acts or actions that violate the state of emergency.
It is clear, however, that many persons have been jailed
without charge or as a result of unfair trials for nonviolent
opposition to the regime.
In June and July the Government released at least eight
political prisoners, several of them prominent figures. These
included four former ministers and at least three Jordanian
members of the Ba'th Party-February 23 Movement (supporters of
former Syrian Leader Salah Jadid, who was imprisoned after the
coup that brought Hafiz Al-Asad to power in 1970). The
Jordanians, Majli Nasrawin, Hakim Al-Fayez, and Yusuf Al-Burji,
had spent 23 years in prison. One human rights group says that
seven Ba'th Party political prisoners remain in a special wing
of Mezze prison. All reportedly continue to be allowed monthly
family visits under guard in government rest houses in
Damascus. (See Section l.a. on the death of Salah Al-Jadid in
custody.) Of six female political prisoners taken into custody
in late 1992 and 1993, three were reportedly released in late
1993. Although human rights organizations contend that the
other three were still being held in Duma women's prison at the
end of 1993, the Syrian Government claims that these three were
released earlier.
The Government does not permit access to prisoners by
international humanitarian organizations.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the legal system provides nominal safeguards,
including the requirement of an arrest or search warrant before
police are allowed to enter private homes, regulations under
the state of emergency suspend these protections in
security-related cases. Domestic intelligence organizations
maintain a network of guards to protect officials and important
buildings, as well as to monitor the activity of people living
in the neighborhoods of protected officials. The presence of
police and security officials is pervasive, especially in
Damascus, although some observers say it is less pronounced
than it was several years ago.
Security checkpoints can be set up anywhere by government
authorities. Security personnel require no warrant for search
or arrest in dealing with persons stopped at such locations.
Security forces at the checkpoints are mostly concerned with
clandestine shipments of weapons and subversive literature but
also search for smuggled goods, including drugs.
It is generally accepted that telephone conversations and
facsimile transmissions are selectively monitored and that
conversations are sometimes recorded. The Government-run
postal system selectively censors the mail, including foreign
publications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
This freedom is sharply limited. The Government does not
permit criticism of the President and the regime's legitimacy.
Some controlled criticism of the Party and the performance of
government ministries is allowed.
In 1992 and 1993 trials, the Government accused CDF members of
"committing acts against the goals of the March 8, 1963,
revolution." The group had distributed leaflets critical of
the handling of the 1991 referendum which granted President
Asad his fourth 7-year term. Approximately 200 Kurds were
reportedly arrested in October 1992 for distributing a pamphlet
which marked the 30th anniversary of the Government's never
completed effort to move the Kurds out of the northeastern part
of Syria and which purportedly depicted an idealized Kurdish
state extending southward into Syria; 30 of these Kurds were
said to remain in detention in 1993. Several journalists have
been in detention for long periods, some for more than 10 years.
The Government or the Ba'th Party wholly owns and operates all
newspaper publishing houses and strictly controls the
dissemination of information. Censorship of foreign and
domestic news is exercised through offices in the Ministries of
Information and Culture and National Guidance. Subjects deemed
by the Government contrary to its interests are not permitted
to be discussed in the press. In 1993 censored subjects
included Syria's human rights record, allegations of Syria's
involvement in the Lebanese drug trade, and various aspects of
Syria's continuing political and security role in Lebanon. Any
criticism of government policies or performance usually has
received official approval, and officials above the middle rank
are rarely criticized. There was slightly more openness in the
media's coverage of the Middle East peace process than in the
past.
The Government also owns the broadcast media. Reports on
sensitive subjects are not broadcast, and new television
programs scheduled for broadcast must be approved by the
Minister of Information. Radio broadcasts from neighboring
countries, including Israel and Iraq, may be received in
Syria. Foreign television may be received, although only with
special equipment in many areas. Syria prohibits the reception
of Jordanian television in Syria by technical means. Imported
printed material and films are subject to censorship. Articles
critical of Syria or Syria's role in Lebanon are occasionally
deleted from foreign magazines and newspapers before
distribution. Fiction and nonfiction literature is censored if
it is considered overly critical of Syria, offensive to one of
Syria's religious groups, or too graphic in its description of
sex. Control is particularly strict on materials in Arabic.
Films are censored for a variety of reasons, such as
unfavorable interpretations of the Middle East conflict,
sectarianism, or the use of actors or production companies
targeted by the Arab boycott of Israel.
The Government closely controls public schools at all levels.
The Education Ministry dictates the curriculum followed by the
primary and secondary schools run by the United Nations Relief
and Works Agency (UNRWA) for the Palestinian refugees, as well
as those operated by minority religious groups, and these
schools are subject to regular inspection. In all schools, an
hour each day is devoted to instruction on Syrian patriotism.
Teachers are not permitted to express ideas contrary to
government policy, although some freedom of expression is
tolerated at the university level.
b. Freedom of Peaceful Assembly and Association
Public meetings, assemblies, or demonstrations may be held only
with official permission and are usually held at the
instigation of the Government or the Ba'th Party. This policy
is also applied in the 13 Palestinian refugee camps in Syria.
Private societies, including religious groups, are allowed to
meet if they have received government permission to organize.
Such permission is usually granted, but only for nonpolitical
activities.
The Government closely controls the activities of professional
associations. The Ba'th Party must be notified in advance of
association meetings. In 1980 several professional
associations (doctors, lawyers, and engineers) were dissolved
after striking and calling for an end to the state of
emergency; numerous professionals were detained at the time.
Although the associations have been reconstituted with
government appointees, and some of the detainees have been
released, others remain in detention without trial. At least
one of these detainees had his case brought before the State
Security Court at the turn of the year.
c. Freedom of Religion
There is no state religion, but nearly two-thirds of Syrians
are Sunni Muslim. As a concession to Muslims who object to
Ba'thi secularism, the 1973 Constitution requires that the
President be Muslim. Moreover, the Constitution refers to
Islamic jurisprudence as a principal source of legislation.
Otherwise, no official preference is given to one religion over
another, and the Government officially observes all major
Christian and Muslim holidays. Ba'thi secular ideology and
modernizing influences have had some impact in diminishing the
importance attached to religion and ethnicity, but individual
Syrians continue to identify themselves by their communal
associations. Most religious groups, including Syria's small
Jewish community, are largely free to practice their
religions. The Government closely controls fund raising, the
construction of worship sites, and the holding of all meetings
except for worship but generally permits such activities under
restrictive conditions. Religious training in the language of
the religion is permitted within the curriculum for Jews and
Christians in Jewish and Armenian schools. Non-Muslim groups
maintain links with coreligionists outside Syria.
Interreligious groups visit Syria periodically and meet Syrians
of all faiths. One such group met with Foreign Minister Shara
in 1993.
One exception to the official policy of religious tolerance is
the treatment of Jehovah's Witnesses and Seventh-Day
Adventists, who are forbidden to organize formally or own
church property. Despite these prohibitions, individual
followers of these religions are allowed to practice their
religion privately.
Foreign missionaries are permitted to preach and minister.
While proselytizing and conversion are not legally proscribed,
in practice, the Government discourages such activities aimed
at Muslims. The publication of religious material is subject
to the same controls as secular material.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Internal travel is restricted in the security zone of the
Golan Heights and occasionally near the borders with Lebanon,
Jordan, and Iraq. Syrian women over the age of 18 have the
legal right to travel without the prior approval of male
relatives, but in practice the husband may file a request with
the Ministry of Interior to prohibit his wife's departure from
Syria. Similarly, a father may request that the Ministry
prohibit travel abroad by unmarried daughters, even if they are
over 18 years of age.
In general, the Government restricts foreign travel for
citizens liable for military service and for certain categories
of professionals trained at public expense who have not
completed required government service. Students traveling
abroad for higher education must obtain permission from the
Foreign Ministry and, like all Syrians, are subject to recall
by the Government. Travel to Israel, with which Syria remains
in a state of war, is illegal for all Syrian citizens. Druze
inhabitants of the Israeli-occupied Golan Heights may visit
relatives in Syria under a system operated by the International
Committee of the Red Cross (ICRC); Syria has set an annual
quota of 120 adult visitors per year. In October the
Government denied the Druze permission to attend the funeral of
a Druze spiritual leader in the Golan Heights. Thereafter,
however, between late October and the end of the year, the
Government allowed some 300 Golan Heights Druze to enter Syria
at al Qunaitra, according to the press, although it continued
to refuse to let Druze living in Syria cross into the Golan
Heights.
In April 1992, President Asad issued a decision permitting
Syrian Jews freedom of travel; by the end of 1993, the
Government had granted exit permits to more than 85 percent of
the Jewish community. Between October 1992 and mid-December
1993, exit permits were issued at a substantially lower rate
than in the period from April to October 1992. By
mid-December, the Government had again accelerated the issuance
rate. There were 500-600 Syrian Jews who had applied for exit
permits but had not received responses to their applications at
the end of 1993. Syrian Jews no longer need to post a bond to
ensure their return.
Palestinians sometimes encounter difficulties obtaining the
requisite travel document. Moreover, travel restrictions are
sometimes imposed on them. For example, one young Palestinian
married to a Syrian was not allowed to return to Syria to
rejoin his wife after a trip to a neighboring Arab country.
Any Syrian caught trying to emigrate or travel abroad without
permission, or suspected of having visited Israel illegally,
may be arrested and prosecuted.
There is a credible estimate that the Syrian Government has
withdrawn Syrian nationality from between 90,000 and 120,000
Kurds since the 1960's.
In addition to 330,000 Palestinian refugees, many of whom have
been born in Syria, there are also at least 4,700 Iraqi
nationals, half of them Iraqi Christians, currently registered
at a refugee camp in northeastern Syria operated under the
auspices of the United Nations High Commissioner for Refugees
(UNHCR). There are over 500 Somali refugees at the same camp.
Residents of the camp have been allowed to leave the camp
freely and seek employment in neighboring areas.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Syrians do not have the ability to change their government
legally and peacefully. President Asad and his senior advisers
effectively control all aspects of political and economic
life. The ruling Ba'th Party, which emphasizes socialism and
secular Arabism, is dominated by the military. In recent
years, the Party has served principally to legitimize President
Asad's rule.
Although the Government seeks to build national rather than
ethnic identity, ethnic, religious, and regional allegiances
remain important. Members of President Asad's own sect, the
Alawis, hold most of the important military and security
positions. President Asad's fourth 7-year term will expire in
March 1999. Women play a significant but not a leading role in
government. Two of the 29 ministers in the present Cabinet are
women; 21 of 250 parliamentarians are women. Women are also
active in Ba'th party "popular organizations."
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no human rights groups legally operating inside
Syria, and the Government actively discourages the formation of
any such organizations. Most Syrians are afraid to criticize
their government publicly for human rights violations, and
several members of a now banned human rights group, the CDF,
have been imprisoned (see Section l.e.).
The Government continues to deny charges of human rights
violations, often ignoring them or calling them an intrusion
into its internal affairs. However, in a departure from past
practice, the Government responded in 1993 to some written
inquiries on detainees and prisoners. An ad hoc government
committee on human rights determined whether and, if so, how to
respond to inquiries regarding individual cases. In some
cases, the Government claimed that the people in question were
no longer being held or that they were never held. It
responded to some inquiries from foreign governments on
specific cases, although it has not provided a list of those
released in the 1991 and 1992 amnesties.
Two representatives from Amnesty International (AI) were
allowed to visit Damascus in December 1992. The AI team
focused, in part, on ongoing State Security Court proceedings;
the team met with judges hearing a variety of these trials and
with defense attorneys and relatives of the defendants. One of
the trials the delegation had planned to attend was postponed.
The team also met with Syrian officials on other human rights
matters. Another AI delegation visited Syria again in May 1993
to observe sessions of State Security Court trials of some
defendants arrested between 1980 and 1992 in connection with
banned political groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution in principle provides for equal rights and
equal opportunity for all Syrian citizens. In practice,
membership in the Ba'th Party or close familial relations with
a prominent Ba'th Party member can be important to prospering
in Syria. Party connections can pave the way for entrance into
better elementary and secondary schools, access to more
lucrative employment, and greater power in the Government.
Women
Syrian law stipulates that the State is to provide equal
opportunity to women and is to remove impediments that hinder
the development of women and their full participation in
society. Government policies include equal pay for similar
work and encourage the enrollment of women at all levels of
education.
Nonetheless, traditional concepts of male guardianship of women
continue to prevail in many segments of the society. These
concepts often limit a woman's rights in matters of marriage,
divorce, child custody, inheritance, and personal decisions.
Moreover, the Government accords religious authorities or
courts the right to rule on the majority of matters involving
social and interpersonal relations. Under Islamic laws of
inheritance, the male offspring receive a disproportionate
share of the inheritance.
Wife beating and other physical abuse of women are known to
occur, but conservative social mores in Syrian society
discourage public discussion of the issue, making it difficult
to estimate the extent of the problem. There are no official
or unofficial statistics on domestic abuse. Under the legal
system, women have access through the courts to redress any
grievance caused by violent acts against them. There has been
an indeterminate, although almost certainly small, number of
court actions involving spousal abuse. The vast majority of
incidents involving abuse probably go unreported because of the
social stigma attached to legal proceedings in such cases.
Incidents are usually handled within the family where a
husband's physical abuse of his wife is criticized and viewed
with shame. Outside the family and the courts, the Syrian
Women's Federation also offers a mechanism to help solve
individual family problems.
Children
Syrian law stresses the need to protect children and ensure
conditions favorable to the development of their faculties.
The Government mandates education through the sixth grade and
provides optional but tuition-free education at higher levels.
Although the quality of health care varies among regions and
facilities, children are provided treatment free or at
relatively nominal charge. The Government attempts to enforce
legislation restricting child labor and to protect the
institution of the family, although violations of these laws
still occur. Violence against children warrants tough legal
penalties as well as social stigma.
National/Racial/Ethnic Minorities
Syria's Palestinian population, estimated at 330,000 (296,000
of whom were registered with UNRWA as of mid-1992),
occasionally suffers some forms of discrimination. Although
Palestinians enjoy many of the same rights as Syrian nationals,
they are considered to be temporary residents, pending
resolution of the Arab-Israeli conflict. While generally free
of socioeconomic restrictions, they may not vote in Syrian
elections or obtain Syrian citizenship except through marriage
to a Syrian male. For the most part, Palestinians are
integrated into Syrian society. The largest Palestinian camp
is, in fact, a neighborhood of Damascus.
The Government has placed limits on the use and teaching of the
Kurdish language, on Kurdish cultural expression and, at times,
on the celebration of Kurdish festivals.
Religious Minorities
Although the Constitution stipulates respect for all religions,
there are various forms of discrimination against religious
minorities. Under the Constitution, the President must be
Muslim. Religion is also a factor in determining the
opportunities available to Syrian citizens. For example,
members of the Alawi sect, President Asad's religious group,
generally enjoy job preference in the Government.
Though Jews hold some low-level government jobs, such as clerks
and teachers, they are generally barred from government
service. They are also prohibited from joining the military,
and Jewish professionals are exempt from the requirement to
give the 5 years of government service expected of other
Syrians trained at public expense. Jews are the only minority
whose passports note their religion. They are under more
thorough surveillance by the intelligence services than is the
general population.
Although all Syrians--regardless of religion--are theoretically
required to follow Islamic laws of inheritance, in practice
non-Muslims are usually able to arrange their own distribution
of inheritances.
People with Disabilities
Syrian law is intended to assure the integration of handicapped
persons into the public sector work force, although practical
problems hinder its implementation. The Government has not
enacted special legislation to benefit the disabled. However,
it allows the disabled to import specially equipped cars with
none of the normal vehicle import restrictions except the
mandatory payment of customs fees.
Section 6 Worker Rights
a. The Right of Association
Although the 1973 Constitution provides for the right of the
"popular sectors" of society to form trade unions, and the
General Federation of Trade Unions (GFTU) is purportedly an
independent organization, in practice the Government uses it as
a framework for controlling nearly all aspects of union
activity. Effectively, workers are not free to form labor
unions independent of the government-prescribed structure. All
public sector employees join the GFTU union as a condition of
employment. Approximately half of all private sector workers
belong to unions. Agricultural workers are not unionized.
As with other organizations dominated by the Ba'th Party, the
GFTU is charged with providing opinions on legislation,
devising rules for workers, and organizing labor. The elected
president of the GFTU is a senior member of the ruling Ba'th
Party and a member of the Regional Command. With his Deputy,
he participates in all meetings of the Cabinet's ministerial
committees on economic affairs. According to GFTU officials,
the secretaries general of the eight professional unions, some
of whom are not Ba'th Party members, are each elected by the
respective union's membership. While the unions are used
primarily to transmit instructions and information to the labor
force from the Syrian leadership, elected union leaders also
act as a conduit through which workers' dissatisfaction is
transmitted to the leadership.
Strikes are not legislatively prohibited (except in the
agricultural sector), but in practice they are actively and
effectively discouraged. While the right to strike exists,
there does not appear to be specific legal protection from
antistrike retribution. Since there is labor participation on
all public sector boards of directors, public sector strikes do
not occur. There were occasional work stoppages in the private
sector, but wage disputes were usually settled informally
through negotiations between employers and employees or through
resort to legal action based on wage laws. Private sector
employers may fire any employee at any time, although they are
required to pay severance and prescribed social security
benefits. There were no reported strikes in 1993, as was also
the case in 1991 and 1992. A number of workers who attempted
to strike in 1980 remain in prison. One worker, who had been
in detention for 13 years for involvement in a strike in 1980,
was brought to trial at the end of 1992 and found guilty and
sentenced to prison in 1993. According to an April 1993
International Confederation of Free Trade Unions report, some
of the 68 members of the Syrian Engineers' Association, who
were arrested along with members of the Doctors' Association
because of a 1980 strike action, were released under the 1991
and 1992 amnesties. Others reportedly remained in detention in
1993.
While noting that the Government has under consideration a
draft legislative decree containing some improvements, the
International Labor Organization's Committee of Experts
reiterated its regret in its annual report that there are no
plans to move away from the single trade union system or to
repeal the ban on strikes in the agricultural sector.
The GFTU is affiliated with the International Confederation of
Arab Trade Unions.
b. The Right to Organize and Bargain Collectively
In the public sector, unions do not normally bargain
collectively on wage issues, but union representatives
participate with the representatives of the employers and the
respective ministry to establish sectoral minimum wages
according to legally prescribed cost-of-living levels. Workers
make up the majority of each board of directors in public
enterprises, and union representation is always included on the
boards, although the boards are firmly under government
control. Unions also monitor and enforce compliance with the
Labor Law.
Under the law, the unions in the private sector may engage in
negotiations for collective contracts with employers. The
Ministry of Social Affairs and Labor sets minimum wages in
consultation with the GFTU. Unions have the right to litigate
contracts with employers and the right to litigate in defense
of their own interests or those of their members (individually
or collectively) in cases involving labor relations. Union
organizations may also claim a right to arbitration.
Most workers are protected by law from antiunion
discrimination, and there were no reports of its being
practiced (see also Section 6.e.). However, there is no union
representation in Syria's seven free trade zones, and firms in
the zones are exempt from Syrian laws and regulations governing
the hiring and firing of workers, though some provisions
concerning occupational health and safety, hours, and sick and
annual leave apply.
c. Prohibition of Forced or Compulsory Labor
There is no law banning forced or compulsory labor; such
practices may be imposed in punishment, usually in connection
with prison sentences for criminal offenses, under the Economic
Penal Code, the Penal Code, the Agricultural Labor Code, and
the Press Act. Such compulsory labor is usually in the
handicraft industry.
d. Minimum Age for Employment of Children
The minimum age in the public sector is 14, though it is higher
in certain industries. The minimum age varies more widely in
the private sector. The absolute minimum is 12, with parental
permission required for children under age 16 to work.
Children are forbidden to work at night.
The Ministry of Social Affairs and Labor is responsible for
enforcing minimum age requirements but lacks an adequate number
of labor investigators. In February a Syrian newspaper
reported frankly on the widespread use of child labor in
several factories in one of Syria's largest cities. The report
noted that Syrian law prohibited such practices and called for
Ministry of Social Affairs officials to investigate. Work
hours of young employees are limited, compared to those of the
regular work force.
e. Acceptable Conditions of Work
As mandated in the Constitution, the Government legislatively
establishes minimum and maximum wage limits in the public
sector and sets limits on maximum allowable overtime for public
sector employees. The minimum wage, as set most recently in
1989, was $40 a month plus subsidies for staples and bonuses
depending on rank and type of job. The minimum wage is not
adequate to support a worker and his family, and, as a result,
many workers take additional jobs, open businesses, or rely on
extended families for support. There is no single minimum wage
in the private sector for permanent employees. According to
the 1959 Labor Law, minimum wage levels in the private sector
are set by sector and are fixed by the Minister of Social
Affairs and Labor. Recommendations are put to the Minister by
a committee that includes representatives of the Ministries of
Industry and Economy, as well as representatives of the
Employers' Association and the Employees' Unions. In practice,
private sector monthly minimums are not less than those in the
public sector. In both sectors, the Ministry of Social Affairs
and Labor is responsible for enforcing minimum wage levels and
does so effectively. The courts are also available to settle
wage dispute cases, although the adjudication process can take
months or even years. In the private sector, wage disputes are
settled by union/worker negotiations with management or by
resort to the courts.
The statutory workweek consists of six 6-hour days, although in
certain fields in which workers are not continuously busy, a
9-hour day is permitted. Labor laws also mandate a full
24-hour rest day per week.
The Labor Law extensively regulates conditions of work. There
are rules and regulations that severely limit the ability of an
employer to fire an employee without due cause, an issue that
the employer may take to a labor committee. Labor committees
are composed of representatives of the municipality, the
Ministry of Social Affairs and Labor, and the union, as well as
a judge and the employer. In the majority of cases, labor
committees have decided in favor of the employee. Workers,
once hired, cannot easily be fired. In practice, workers also
have exercised their right to contest planned dismissals in the
labor committees. One exception in the heavily regulated labor
field relates to day laborers. They are not subject to minimum
wage regulations and receive disability compensation only for
job-related injuries. Small private firms and businesses
commonly employ day laborers in order to avoid the costs of
permanent employees.
Public laws mandate safety standards in all sectors, and
managers are expected to implement them fully. A special
department of the Social Security establishment works at the
provincial level with inspectors from the Ministries of Health
and Labor to ensure compliance with safety standards. In the
private sector, unions are active in monitoring compliance with
the laws and ensuring workers' health and safety. Workers have
occasionally brought employers before judicially empowered
labor committees to seek improvements in working conditions
that affect their health. Workers have the right to remove
themselves from dangerous situations without jeopardy to their
continued employment. However, there is no statutory language
defining "dangerous situations."
Foreign workers theoretically receive the same benefits but are
often reluctant to press claims because their workers' permits
may be withdrawn at any time. Moreover, many work illegally
and are not covered by the government system. In the latter
half of 1993, the Government began denying extensions of
domestic workers' temporary residency permits, thereby forcing
them to leave the country. However, the Government soon
rescinded this policy.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.