Human Rights Council
Working Group on the Universal Periodic Review Twelfth session
Geneva, 3–4 October 2011
National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1*, **
Syrian Arab Republic
* The present document was not edited before being sent to the United Nations translation services.
** The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 2 September 2011 English
Original: Arabic
Contents
Paragraphs Page Introduction ... 1–6 3 I. Methodology and process followed for the preparation of the report ... 7–8 4 II. Basic information about the Syrian Arab Republic ... 9–16 4 III. Normative and institutional framework for the promotion and protection
of human rights ... 17–25 5 IV. Promotion and protection of human rights on the ground ... 26–86 7 V. Achievements ... 87–99 18 VI. Challenges and voluntary efforts in the human rights domain ... 100–121 21 Concluding remarks ... 122 25
Introduction
1. In recent months, the Syrian Arab Republic has been subjected to a series of criminal attacks against the nation and the people by armed terrorist groups. These attacks, which continue to the present time, have been accompanied by an unprecedented media campaign of lies and allegations targeting national security, stability and unity. The campaign has been supported by certain Western States that are bent on discrediting and weakening the Syrian Arab Republic and getting it to change its political position on the challenges facing the region. The groups involved have committed offences against the Syrian people, and acts of theft, murder and vandalism. They have also exploited peaceful demonstrations in order to create anarchy, strike a blow at national unity and destroy the social fabric of the nation. These groups have deliberately caused mayhem and murder and destroyed public and private property. They have stirred up religious and inter-confessional strife and exploited legitimate, peaceful and orderly calls for reform emanating from members of the nation. These terrorist acts have been accompanied by a concerted misinformation campaign that has been waged by Arab and international media. The campaign began with the fabrication of stories about events in the Syrian Arab Republic with advanced visual and communications technology being used to show fake footage, allegedly of events unfolding in the Syrian Arab Republic.
2. The Syrian Arab Republic, which took part in the founding of the United Nations, is guided by the purposes and principles of the Charter of the United Nations when determining its political stance and pursuing efforts to achieve economic, social and cultural development. It abides by the principles of international law, as international law provides a solid foundation for the observance of human rights.
3. The Israeli occupation of the Syrian Golan, since June 1967, is, however, a major obstacle to the enjoyment by Syrian citizens in the occupied Golan of their economic, political and social rights and the full exploitation of the Golan’s natural resources.
4. Notwithstanding the events unfolding at present in the Syrian Arab Republic and the grief that the nation feels for the victims of terrorism, the Syrian Government decided to meet its responsibility for preparing its report for the universal periodic review exercise in conformity with paragraph 5 (c) of General Assembly resolution 60/251, establishing the Human Rights Council, and the guidelines set out in Human Rights Council resolution 5/1, concerning the structures and institutions of the Council. In this way, it can attest to the facts about the crisis and the challenges confronting the country, while providing information on the political, economic and social reforms introduced in several key decisions designed to meet the legitimate demands of the Syrian people.
5. The enclosed report shows just how committed the Syrian Arab Republic is to promoting and protecting human rights in universal human rights frameworks, in conformity with the Charter of the United Nations, the Universal Declaration of Human Rights and the international treaties to which the Syrian Arab Republic is a party.
6. With this report, the Syrian Arab Republic hopes to provide a comprehensive overview of the human rights situation in the country and a clear picture of tangible gains scored, of difficulties encountered and of future goals and aspirations.
I. Methodology and process followed for the preparation of the report
7. In line with procedures for conducting the universal periodic review process and the rules, aims and principles set out by the Human Rights Council, a plan of action was devised for the preparation of this report, to include information on the State’s compliance with international obligations, the practical steps taken to promote human rights, transparency in the conduct of work and cooperation with all stakeholders.
8. The plan of action entailed the following steps:
• A national committee was established to draft the report.
• Information about the universal periodic review mechanism and the functions of the national committee was disseminated to stakeholders in the legislature, the executive, the judiciary, governmental and non-governmental organizations and media organizations so as to involve all stakeholders, make it possible for them to contribute to the preparation of the report and make sure that all views were taken into account.
• The committee commissioned a study of data and information available on human rights. The data was analysed and included in the report in line with the standards and criteria established for the review exercise.
• The committee reviewed various reports submitted by the Syrian Arab Republic on subjects including civil and political rights and economic, social and cultural rights, together with reports submitted to United Nations committees or treaty bodies such as the Committee against Torture, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women.
• A workshop was held with relevant organizations to offer everyone the opportunity to provide feedback and comments on all the information in the report. The workshop took the form of an interactive dialogue between governmental organizations, relevant organizations and civil society actors.
II. Basic information about the Syrian Arab Republic
Location
9. The Syrian Arab Republic is on the eastern shores of the Mediterranean and is bounded by Turkey in the north, Iraq in the east, Palestine and Jordan in the south and Lebanon and the Mediterranean Sea in the west.
Surface area
10. The surface area of the Syrian Arab Republic is 185,180 km2. On 5 June, Israel occupied 1,260 km2 of territory in the Syrian Golan, which was partly liberated (around 60 km2) during the October 1973 war.
Administrative divisions
11. The Syrian Arab Republic is divided into 14 governorates. Each governorate is made up of districts which, in turn, are divided into subdistricts comprising a number of villages.
Demography
12. According to data taken from the civil register in 2010, the population of the Syrian Arab Republic is 24,501,049. The State hosts a citizenry made up of different ethnic and religious groupings which together form a cohesive whole and are given equal rights and equal responsibilities.
13. The demographic balance in the Syrian Arab Republic has been disturbed over time as a result of the mass displacement of many of the inhabitants of the occupied Syrian Golan in 1967, an influx of around half a million Palestine refugees following the Israeli occupation of the Palestinian Arab territories in 1948, and the arrival of over 1.3 million Iraqi refugees in the aftermath of the United States occupation of Iraq in 2003. Of this latter group, as stated in a report published by the Office of the United Nations High Commissioner for Refugees (UNHCR) in April 2011, 141,157 registered with the UNHCR bureau in the Syrian Arab Republic. The Syrian Arab Republic views the presence of these Iraqis in the country as a temporary arrangement and is determined to see the Palestine refugees return to their land, as envisaged in the relevant United Nations resolutions.
The economic system
14. The Syrian Arab Republic embraced economic pluralism in 1970. Under this system, the public, private and mixed sectors all have a role to play in economic and social development. The Syrian Government constantly strives to promote this participative approach and to open the way for greater involvement of the private sector, given the increasingly important part that the sector plays in the development process.
15. The Syrian Arab Republic has gradually made the shift from a centrally-planned economy to a more open system that relies on marked mechanisms but yet pays close attention to the social dimension. The State continuously strives to supply the necessary tools for this process both by updating, amending and enacting relevant legislation and by adopting administrative, institutional and human resources policies providing for the establishment of needed administrative and institutional structures, capacity-building and the simplification of bureaucratic processes.
16. The gradual introduction of a new economic system is helping to reduce poverty levels, increase living standards and eliminate regional disparities in development, notwithstanding the adverse impact that such a transition usually has on the economies of States. The Syrian Arab Republic achieved growth rates of 4.5 per cent in 2008 and 6 per cent in 2009. It was hoped that it would attain high growth rates in 2010–2011, but the regional and global situation created an additional break on growth and thus hampered the efforts of the Syrian Arab Republic to achieve the growth rates that it had hoped for.
III. Normative and institutional framework for the promotion and protection of human rights
Constitution
17. The Constitution of the Syrian Arab Republic, which was enacted on 13 March 1973, serves as the ultimate legal reference point for the regulation of the State and its institutions. Article 2 provides that the State is a republic in which sovereignty lies with the people and is exercised in accordance with the procedures set out in the Constitution. In the context of the reforms under way in the Syrian Arab Republic, a legal committee was formed to review the Constitution article by article and submit proposals on the establishment of a new and modern constitutional text that would recognize the principles of political pluralism, social justice, the rule of law, fundamental rights, women’s
empowerment and advancement and the right to special care for young persons and children, and that would define the duties of citizens on the basis of equality for all.
18. The Constitution already includes several provisions on the promotion and protection of human rights, of which the following are some examples.
Civil and political rights
• Liberty is a sacred right. The State affords personal liberty to citizens and preserves their dignity and security. The rule of law is a fundamental principle in society and the State. Citizens are equal before the law in regard to rights and duties. The State recognizes the principle of equality of opportunity for citizens (art. 25).
• All citizens have the right to express their views freely and openly in the spoken or written word or by any other means and may contribute to oversight and constructive criticisms that help to safeguard the integrity of domestic and national systems. The State must guarantee freedom of the press, printing and publishing in accordance with the law (art. 38).
• All citizens have the right to freedom of peaceful assembly and protest in keeping with the principles enunciated in the Constitution. The law regulates the exercise of this right (art. 39).
Economic, social and cultural rights
• Every citizen has the right to participate in political, economic, social and cultural life. The law regulates the exercise of this right (art. 26).
• The State is required to afford women every opportunity to participate fully and effectively in political, social, cultural and economic life (art. 45).
• The family is the basic unit of society and is to be protected by the State (art. 44).
• The State must provide for every citizen and his or her family in the event of an emergency, illness, disability, orphanhood and old age. The State must protect citizens’ health and provide citizen’s with access to preventive health services, treatment and medicines (art. 46).
• The State is the guarantor of the right to education. Education is free of charge at all stages and is compulsory at the primary stage. The State must take steps to extend compulsory education to include the other stages. It oversees and guides the delivery of education to make sure that education is linked to the needs of society and production requirements (art. 37).
19. The Syrian Constitution provides for a system based on the separation of powers.
The subject of the powers of State is taken up in three sections of part III of the Constitution which refer, respectively, to legislative power, executive power and judicial power. The exercise of judicial power is bound up with the administration of justice, the realization of rights, the protection of public freedoms and the application of the law with a view to the attainment of these goals.
Human rights mechanisms
20. In addition to the work done by the judiciary as an effective mechanism for the protection of human rights in the Syrian Arab Republic, the following mechanisms have been established.
National Committee on International Humanitarian Law
21. Established by Prime Ministerial Decision No. 2989 of 2 January 2004, the National Committee on International Humanitarian Law is responsible for overseeing and coordinating national efforts to promote full awareness of international humanitarian law and for harmonizing domestic legislation, identifying human rights violations and raising awareness of human rights.
The Syrian Commission for Family Affairs
22. The Syrian Commission for Family Affairs was established by Act No. 42 of 20 December 2003. The Commission, which has legal personality and financial and administrative independence, reports to the Prime Minister. Its functions include: protecting families; promoting family cohesion; safeguarding family identity and family values;
improving families’ living standards from all points of view; strengthening the role of the family in the development process by promoting communication between families and governmental and other national institutions that are involved in family issues; cooperating with Arab and international organizations on family issues in order to meet development objectives; and proposing amendments to legislation on the family.
23. According to the law that regulates its work, the Syrian Commission for Family Affairs is the institution mainly responsible for monitoring and coordinating efforts to implement the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. It does this in conjunction with other stakeholders (governmental bodies and institutions and civil society associations).
Department to Combat Human Trafficking
24. In accordance with Legislative Decree No. 3 of 2010, the Ministry of the Interior issued Decree No. 505/S of 11 March 2010, establishing the Department to Combat Human Trafficking. The department’s functions include making recommendations to the Ministry of the Interior on general policies and operational programmes to combat human trafficking and organizing and providing a reference database that can be used to find information, help with investigations and access data, statistics and so on.
International treaties
25. International treaties are a key part of the human rights legislation in effect in the Syrian Arab Republic. The State has acceded to most of the international human rights treaties. Hence, there is no inconsistency between the relevant domestic laws and the provisions of the international treaties to which the State is a party. Moreover, as affirmed in article 25 of the Syrian Civil Code, should any provision in a domestic law be found to conflict with an international treaty to which the Syrian Arab Republic is a party, precedence will be given to the international treaty.
IV. Promotion and protection of human rights on the ground
26. The fundamental rights and freedoms enumerated in the Constitution are promoted and protected under a range of domestic laws, some examples of which are cited below.
Civil and political rights
27. Liberty is a sacred right that is safeguarded by the Constitution and the law. Articles 424 and 425 of the Code of Criminal Procedures state that no person may be detained without being charged in accordance with the procedures laid down by law, otherwise the
detention will be deemed unlawful and punishable by law. Article 555 of the Criminal Code prescribes a penalty of from 6 months to 2 years in prison for unlawful deprivation of liberty in any form. Articles 357 and 358 state that any public official who arrests or detains a person other than under the conditions provided for by law is liable to punishment. This offence is classified as a serious crime for which the penalty is a fixed term of hard labour.
Any official who works in a prison (a governor or a guard) or in a correctional facility will face a penalty of from 1 to 3 years’ imprisonment for admitting a prisoner without a court warrant or a court order or for keeping an inmate in prison for longer than the term specified in the sentence. Article 359 of the Code prescribes penalties for refusing to produce a detained person or a prisoner before a competent court or for delaying in doing so. These penalties apply to all the persons mentioned above, together with law enforcement officers and members of the ranks, and civil servants.
28. The Code of Criminal Procedures provides numerous legal safeguards to protect the interests of the accused. Article 37 of the Code states: ―In the case of a witnessed crime, the public prosecutor shall order the arrest of each person present against whom there is compelling evidence indicating that they committed the crime.‖ The public prosecutor must interview the arrested person without delay. Article 69 of the Code states that when accused persons are brought before an investigating judge the latter must verify their identity, tell them what the charges are, ask them to respond and inform them of their right not to respond without having a lawyer present. In cases involving serious crimes, a lawyer will be sent by the Bar Association or appointed by the judge to represent an accused person who does not engage legal counsel himself or herself.
29. The Syrian legislature has introduced measures to ensure that cases are heard promptly in the interests of defendants. Article 104 of the Code of Criminal Procedures states that accused persons brought in on a writ of summons must be examined by an investigating judge without delay. Those brought in on a warrant must be examined within 24 hours of being taken into custody. Once the 24-hour time limit expires, the custody officer must take the initiative of sending the accused to the Office of the Public Prosecutor, where an interview must be conducted without delay. If this is not possible, the Office must release the accused immediately. If a person is detained in custody for more than 24 hours without being questioned or presented to the Office of the Public Prosecutor, his or her detention will be deemed to be arbitrary and the official responsible for it will be prosecuted, under article 105 of the Code of Criminal Procedures, for the offence of unlawful deprivation of liberty.
30. Articles 115–117 and 122 of the Code were written to expedite proceedings in the interests of defendants. In that connection, articles 107–109 of the Code state that summonses to appear and produce and arrest warrants must include details of the offence, the classification of the offence and the applicable legal penalties. The person sought must be given a copy of these documents. Articles 303 and 306 of the Code state that the court must designate a sworn interpreter to interpret in court for any accused persons or witnesses who do not speak Arabic well or who are deaf or mute. Article 304 of the Code grants defendants the right to refuse interpretation, if they have good reasons for doing so.
31. Moreover, article 28, paragraph 4, of the Constitution states that the right of legal recourse is safeguarded by law. Consequently, any person who claims that he or she has been the victim of any type of offence (unlawful deprivation of liberty, arbitrary detention, etc.) is entitled to refer the matter to the competent court. Plaintiffs are awarded compensation in accordance with the rules set out in the Civil Code. The Ministry of the Interior has issued several circulars drawing attention to the importance of ensuring the promptness, precision and legality of procedures taken when making arrests and referring cases to the courts and of only taking such action as is provided for by law. The most recent such document was circular 1860/S of 7 October.
32. The Ministry of Justice and the Ministry of the Interior oversee a process of effective, constant, systematic and continuous monitoring of prisons and prison inspections;
inspections can be carried out at any time. Articles 421–425 of the Code of Criminal Procedures set out the requirements for the implementation of this process.
33. In all States, including the Syrian Arab Republic, the task of maintaining law and order is assigned to different branches of the law enforcement services (public security – public health – public peace – public morals). Law enforcement procedures must be lawful (i.e. they must be consistent with legal norms and provisions and subject to judicial scrutiny) so as to ensure that there is a balance struck between power and liberty.
34. As for existing measures taken by the Syrian courts to promote and protect human rights, the courts are required to engage defence counsel to represent defendants who have committed a serious crime but cannot afford counsel or enlist the services of a lawyer.
There are special provisions on legal assistance which provide, for example, for exemptions from fees and from the payment of court bail.
35. In the context of the current prison reform process, the Ministry of the Interior, in cooperation with other relevant ministries, prepared a bill on penal and correctional facilities which is due to be issued any time now. Every care was taken to draft a text that pays due regard to prisoners’ human rights. The most important provisions of the bill provide for penal and correctional facilities to be divided up into the following categories, based on the nature of the offence committed: open facilities, semi-open facilities, and closed facilities. Under the bill, inmates in semi-open facilities may be given permits to spend time with their families and a cell must be set aside in closed facilities for regular spousal visits that are to be organized in accordance with the relevant regulations.
36. Under the Prisons Regulation, prisoners must be provided with rehabilitation, through access to education at all stages and literacy training. Prisons are equipped with libraries for use by inmates, and prisoners may be allowed to perform paid work. The Prisons Regulation describes the purpose of imprisonment as effecting the reform and social rehabilitation of prisoners. This process is carried out with the assistance of social workers who specialize in this area and who examine prisoners’ social background and offer them appropriate assistance.
37. Many civil society associations provide welfare assistance to prisoners and their families, supplementing the efforts of the Government in this regard. These associations include those that were founded in 1961 in the governorates of Homs, Damascus, Aleppo, Latakia, Tartous, Hasakeh, Suwayda’, Idlib, Dayr al-Zur, Raqqa and Dera`a. The associations were established to: investigate prisoners’ educational background and psychological state; provide treatment for those suffering from mental and psychological disorders; offer appropriate health-care assistance (X-rays – glasses – false teeth – free medicines – assistance with certain surgical procedures – access to lawyers for free legal advice and assistance with parole procedures and to doctors medical treatment – opportunities to telephone relatives); and undertake action to improve the moral conduct, social situation and vocational prospects of prisoners while in prison. To this end, associations have introduced training courses to teach prisoners subjects such as computing, foreign languages, literacy, tailoring, barber’s work, and so on. Assistance is given to students at all levels, who are supplied with financial support and in-kind contributions such as writing paper, books and so on. The associations also set up production workshops (cobbling – tailoring – carpentry – metalwork – electronics – mechanics – etc.) and supply all the necessary equipment.
38. Young persons over the age of 10 and under the age of 18 are tried by special courts known as juvenile courts. The hearings are conducted in camera and cases are dealt with fairly, promptly and objectively. The dignity of the child defendant is protected and
safeguarded throughout all court proceedings. Children are not punished; they are ordered to undergo reform measures that are carried out in juvenile reform institutions (Juveniles Act No. 18 of 1974, as amended; the most recent amendment was made under Legislative Decree No. 52 of 1 September 2003).
39. A number of associations are currently involved in the juvenile criminal justice systems in that they manage some juvenile institutions. The State bodies concerned are committed to giving a strong role to these associations, which contribute effectively to the development of society, the prevention of lesser and serious juvenile crimes and the rehabilitation of juvenile offenders.
40. Some associations, including the Family Law Association and the Women’s General Union, disseminate information about the law, offer legal advice, produce defence case papers and provide procedural assistance to those who cannot afford to pay legal fees or know nothing about the law.
41. The Ministry of the Interior, in conjunction with the Geneva Institute for Human Rights, has organized training courses for police officers on international human rights mechanisms. These courses are a new departure for the Syrian Arab Republic.
42. A human rights syllabus is taught in relevant educational establishments – for example, at law faculties for first-year university students. The syllabus is also included in higher studies curricula and taught in both English and French. Officers of the internal security forces study the syllabus at the officer training institute and at other education centres.
43. On 21 April 2011, three decrees were issued: Legislative Decree No. 161, ending the state of emergency; Legislative Decree No. 53, abolishing the Supreme State Security Court established by Legislative Decree No. 47 of 28 March 1968. All cases pending before the court or with the public prosecutor’s office at the court were referred, as in their current state, to the competent courts in accordance with the rules and procedures laid down in the Syrian Code of Criminal Procedures; and Legislative Decree No. 55 of 2011, amending article 17 of the Code of Criminal Procedures. Under the amended article 17, law officers and their deputies are given responsibility for detecting the commission of certain offences under the general Criminal Code (offences against State security and public order) and for gathering evidence and interviewing suspects. However, they may not hold a person in custody for more than 7 days. Depending on the circumstances of the case, this period may be extended by the Office of the Public Prosecutor, provided that it does not exceed 60 days in total.
44. Hence, a 7-day time limit has been set for detaining suspects in custody who have been accused of State security offences. Law officers are required to release these persons from custody as soon as they are presented in court. For other offences under Syrian law, the reference text is the Code of Criminal Procedures, which sets a 24-hour limit on detention without charge.
45. Freedom of expression in the Syrian Arab Republic is protected under the Constitution and the law. The law grants all citizens the right to express their views freely and openly in the spoken or written word or by any other means. Citizens may participate in making constructive criticisms. The exercise of this freedom is subject only to such restrictions as are provided for by law and are necessary for respect for the rights and liberties of others or for the protection of national security, public order, public health or public morals. These provisions are therefore consistent with article 19, paragraph 6, of the International Covenant on Civil and Political Rights.
46. Legislative Decree No. 50 of 2001 regulates the work of printing houses, bookshops and publishing firms and establishes the conditions and procedures for issuing them with
licences. The decree grants citizens the right to publish privately-owned newspapers. A total of 175 print media firms have been licensed in the Syrian Arab Republic, together with upwards of 625 publishing houses; they all operate in complete freedom. In addition, media correspondents are issued with work permits and all the Arab and foreign media have opened up offices in the country. There are more than 100 Arab and foreign correspondents working in the Syrian Arab Republic.
47. By Legislative Decree No. 10 of 2002 permission was granted for the establishment of private radio broadcasting stations in the capital, Damascus, and certain governorates such as Aleppo and Homs. These stations broadcast throughout the country. The first private broadcast went on air at the start of 2005. There are currently 18 private radio stations, which operate without any interference from any quarter.
48. In line with the principle of freedom of information, more than 700 Arab and foreign publications from all parts of the world are circulated nationwide every day; no customs duty is levied on these publications. Every citizen has the right to use the Internet and to create electronic newspapers without being subjected to any interference by the Government or the Ministry of Information.
49. By Legislative Decree No. 108 of 2011 a new media law was introduced. The law covers all print, broadcast and electronic media and was enacted to ensure transparency, media freedom, freedom of information and the protection of journalists. The law furthermore provided for the establishment of the National Media Council.
50. With regard to young persons and women, the Ministry of Information is carrying out a project, in cooperation with the United Nations Development Programme (UNDP), on empowering young journalists in achieving the Millennium Development Goals. The Ministry has helped young journalists to set up a network that they can use to share their output. The journalists monitor the network and maintain the designated website.
51. The right to peaceful assembly is afforded under the Syrian Constitution. The exercise of this right is regulated under legislative Decree No. 54 of 21 May 2011 in accordance with recognized international standards and the practice followed in most countries. The decree states that the right to peaceful protest is afforded to citizens as a fundamental human right recognized by the Syrian Constitution. Steps must be taken to balance the need to maintain national security and territorial integrity against citizens’
enjoyment of this right and to allow the authorities to protect public and private property, keep public facilities in operation and maintain law and order. Freedom of assembly and the freedom to protest are only curbed when public gatherings and demonstrations turn into riots which disturb the peace, the law penalizes such gatherings (Syrian Criminal Code, art.
335). The Constitution states that all citizens have the same opportunities and equal rights and duties under the law (art. 25). Syrian law offers everyone in society protection from all forms of discrimination, even though there is no such discrimination. In order to forestall any acts of discrimination, the Syrian legislature has introduced penalties for performing any act or producing any piece of writing or speech with the aim of stirring up inter- confessional or racial strife or conflict (Syrian Criminal Code, art. 307). Article 308 of the Criminal Code prescribes penalties for belonging to an association founded to pursue the aims cited in article 307.
Economic, social and cultural rights
52. The principles embodied in the Constitution concerning the exercise of citizens’
economic, social and cultural rights are written into several laws and national plans. Thus, laws and procedures have been established: to protect families and their members;
safeguard mothers, children and the rights of persons with disabilities and victims of trafficking; provided for young persons’ welfare; and create the right conditions to ensure
that citizens can exercise the right to education and receive the highest standards of health care. Some examples are given hereunder.
53. With regard to children, the Government established a national child protection plan following the First National Conference on Children, which was held in Aleppo in February 2004, and the First National Forum on Child Protection, which was held in Damascus on 4 December 2004. The Government approved the plan on 2 October 2005 at a meeting that was chaired by the President of the Republic. The Syrian Commission for Family Affairs was entrusted with overseeing implementation of the plan by governmental and non- governmental organizations.
54. The National Strategy for the Welfare and Development of Young Children, 2007–
2011 was adopted. A participative approach was taken to the development of a plan, which began with local action steps and culminated in a strategy formulation process involving a wider range of actors. Preparations are under way for the elaboration, under the supervision of the Syrian Commission for Family Affairs of the National Strategy for the Welfare and Development of Young Children, 2012–2015.
55. The Government is taking steps to eliminate child labour through the implementation of a range of laws and international treaties. The Labour Code prescribes penalties for families and employers who exploit children and deny them an education. A project to eliminate the worst forms of child labour is being implemented jointly by the Ministry of Social Affairs and Labour, the United Nations Children’s Fund (UNICEF) and the International Labour Organization (ILO). A separate department has been set up to integrate child labour issues into national policies and to provide capacity-building support in regard to child labour issues to governmental organizations, workers and employers.
56. The Ministry of Social Affairs and Labour is preparing a document for a juvenile justice development project to be run in cooperation with UNDP and UNICEF. The aim is to review the legislation on juvenile offenders and assess conditions in reform institutions and the care services on offer.
57. The Ministry of Higher Education, in cooperation with the Syrian Commission for Family Affairs, held a national conference on the inclusion of children’s rights principles in university curricula. It carried out the recommendations adopted at the conference on reviewing the curricula of relevant faculty departments to incorporate information on children’s rights.
58. A diploma course on child protection was established at the Higher Institute for Population Studies and Research, which comes under the Ministry of Higher Education.
Two sets of students have graduated with the diploma.
59. Training courses are organized for juvenile court judges. The judges are invited to take part in all activities pertaining to the administration of juvenile justice; some have enrolled in the diploma courses on child protection.
60. The Government of the Syrian Arab Republic is determined to create all the necessary conditions for the empowerment of women and the realization of gender equality.
Hence, beginning with the ninth five-year plan, it has consistently included a separate item on women’s welfare and empowerment in the five-year plans that shape its work and goals.
The aim is to strengthen women’s participation in political life and socio-economic development and to encourage women to become involved in political and public decision- making processes.
61. As a result of these efforts, women have reached the highest positions in the State; a woman took up the position of Deputy President of the Republic for Cultural Affairs in 2006 and a woman was appointed as a cultural adviser to the Office of the President in 2007. Moreover, a woman was appointed as an adviser on political and media affairs to the
Office of the President of the Syrian Arab Republic in 2008. The proportion of women who are members of the National Assembly continues to increase every time a new parliament is returned. In 1971, there were only four women in the first legislature, accounting for 2 per cent of the total membership of the National Assembly. When the ninth parliament was elected recently there were 31 women, accounting for 12.4 per cent of the members. In 1976, a woman was appointed for the first time to a ministerial post and in the period from 1976 to 1993 some 3 per cent of the members of the Government were women. That figure rose to 6 per cent between 1999 and 2009 and then 9 per cent in 2010, with the appointment of three women ministers. In the Government that was formed in 2011 three women hold important ministerial portfolios (Ministry of Tourism, Ministry of Housing and Construction, and Ministry of State for the Environment).
62. In the diplomatic ranks, the number of women in senior positions has increased.
Fifteen per cent of ambassadors are women at the present time, as compared with 11 per cent in 2005. By 2007, some 35 per cent of those working in the diplomatic ranks were women, as against a figure of 30 per cent in 2004.
63. As for the judiciary, women began working as lawyers in 1952. They accounted for 12 per cent of the members of the profession in 1992, a figure that had risen to 19 per cent by 2002. Some 14.5 per cent of State attorneys are now women. According to Ministry of Justice statistics, there are 240 women judges in the Syrian Arab Republic, representing 15 per cent of the total number of judges (1,508) as of 2011.
64. In 2005, a national strategy on women’s empowerment was establishment. The strategy envisaged measures to monitor and follow up on the implementation of the constitutional principles on the realization of gender equality and equality of opportunity for men and women and of measures to promote equal and wider participation by women in key positions in the legislature, the executive and the judiciary. Accordingly, Decision No.
26 of June 2004 was adopted, providing for the allocation of 2.5 per cent of investment funds granted to ministries and State authorities over the course of the tenth five-year plan (2006–2011) for the promotion of women’s activities and of wider participation by women in the development process. As part of the follow-up to the implementation of this decision, women’s empowerment units were set up in every institution and ministry responsible for tracking the implementation of the national strategy to promote women’s participation.
Population units were furthermore established at the Ministry of Information and the Ministry of Social Affairs and Labour to raise awareness of demographic, women’s and development issues through workshops and training courses.
65. Economic and social policies on gender equality are included in plans, programmes and projects and provision is made for the realization of gender equity and equality in the formal and informal sectors. Efforts are envisaged to: increase women’s participation in economic activities; strengthen the role of women in economic life and boost their economic rights; support women facing the challenges of economic globalization; give women a larger share of loans and of funding for small and medium-sized enterprises; and offer women services that will allow them to reconcile their family duties and their role in economic development.
66. The national ―Women’s empowerment and poverty alleviation‖ programme is carried out in conjunction with several ministries (the Ministry of Local Administration and the Environment, the Ministry of Social Affairs and Labour and the Ministry of Agriculture) to promote women’s economic empowerment through the creation of income- generating enterprises and jobs. It is also designed to further women’s social empowerment through literacy training and health education.
67. The law recognizes equality for men and women working in the public and the private sectors and the right, to which many women across the world aspire, to receive
equal pay for equal work. The Syrian Civil Code, the Labour Code, the Code of Commerce, as amended, the Basic Labour Act No. 50 of 6 December 2004, the Agricultural Relations Act, the Labour Act No. 17 of 2010, and various other laws and decisions deal with the different aspects of the economic empowerment of women. For example, women are entitled to apply for a pension, if they have reached the age of 55 and have worked for 15 years or if they have reached the age of 40 and already have 20 years of service. Women can bequeath their retirement pension and a woman who is insured and has her first child is now paid a benefit of 15 per cent of her average salary, rather than 11 per cent, if she leaves work within six months of having the child. Women have entered new areas of work such as in women’s police forces and the military, for example. For the first child, a woman is given 120 days’ maternity leave, as compared with 90 days for the second child and 75 days for the third. Mothers can take a one-hour break each day for breastfeeding and up to one year’s leave without pay to care for a child. Women cannot be dismissed during maternity leave and workplace crèches and all necessary facilities are provided to assist working women and their children. Women employees are included in social assistance, solidarity and group funds so as to ensure that they and their families have access to health care and medical treatment. Banking facilities are made available for their business and industrial activities; and women have the right to own and to keep property in their own name and retain their nationality after marriage. Business women’s associations have been established in chambers of industry and trade in every governorate in the Syrian Arab Republic. From time to time, these committees hold conferences, seminars and workshops in order to devise innovative and creative schemes for empowering women so that they can participate more actively in key production sectors and to discuss solutions for the problems that working women encounter. Programmes on women’s economic and social empowerment and poverty alleviation have been established and implemented, with a special focus on rural women.
68. As for the rights of women living under foreign occupation and their participation in all areas of life, the Syrian Arab Republic is committed to providing women in the occupied Golan with everything that they need to improve their situation. It disburses grants to dozens of female students from the Golan who study in Syrian universities and higher education institutes and it provides these students with housing and a stipend. By Decree No. 42 of 2001, a decision was taken that the salaries of teachers and employees who had been dismissed by the occupation authorities would be paid for out of the coffers of the Syrian State. The Syrian Arab Republic works tirelessly to strengthen the links between the people of the Syrian homeland and the people of the occupied Golan. On the occasion of Id al-Jala’ and Mother’s Day, civil society and government organizations arrange meetings, where possible, with the people of the Golan. Syrian women in the occupied Syrian Golan suffer from the pain and adverse psychological, social and physical effects of an odious situation of occupation that has been foisted on them for more than 40 years and prevented them from participating in decision-making in all spheres of life.
69. As for young persons, a section of the tenth five-year plan is devoted to youth, sports and children. This ambitious plan provides the frame of reference for a development process based on a future vision for the nation until 2025 that envisages the creation of all the necessary conditions to allow Syrian society to flourish economically, socially and in the technological domain. This vision was elaborated and delineated with reference to existing policies and conditions and an analysis of current strengths and weaknesses.
Account was also taken of potential opportunities and the future outlook for the region and the world.
70. The National Centre for Research on Youth carries out studies on young Syrians in all groups. It produces research on young people and their specific requirements and supplies institutions with studies and data that can be used to provide young people with training that they need to play their part in national life.
71. The Government is taking action to construct more housing of different kinds:
housing for young people; workers’ housing; social housing; and housing cooperatives. It also seeks to ensure that housing projects are completed in record time to meet the growing needs of the population.
72. Act No. 34 of 2004, concerning persons with disabilities, offers a range of benefits for persons with disabilities. In particular, the Act provided for the establishment of a central council for persons with disabilities in which members represent relevant government institutions, civil society associations and persons with disabilities. The idea was to make the issue of disability a societal issue and to ensure that persons with disabilities are involved in the design of relevant policies and programmes for all sectors of society. By Legislative Decree No. 12 of 10 February 2009, the Syrian Arab Republic ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
A national plan on disabilities was introduced. It provides for the implementation of numerous measures and activities to bring about a qualitative improvement in the economic and social situation of persons with disabilities. The five-year plan comprises several programmes on the application of policies to improve access for persons with disabilities to health, education, protection and opportunities for participation. These programmes entail:
assistance for impoverished families with a family member who is quadriplegic;
exemptions from customs duty on assistive devices imported for personal use; income tax deductions for employers who exceed the quotas set in existing laws and regulations for the employment of persons with disabilities – the amount of relief will be based on the minimum wage paid to each additional employee in this category; and the establishment of schools for the integration of persons with disabilities which thus ensure the right of these persons to education. The integration programme, which was designed essentially on the basis of international standards, is assessed each year; positive findings are shared with Syrian schools. A total of 1,083 students with disabilities have been integrated into 70 Ministry of Education schools at different stages, from kindergarten to the secondary stages. The students suffer from disabilities that include: sensory disabilities such as auditory and visual impairments and blindness; mental disabilities, including autism; motor disabilities, including infant paralysis or having a disabled limb, an amputated limb or congenital defects in a limb; and cerebral palsy. There are centres overseen by the Ministry of Social Affairs and Labour which offer care to persons with disabilities throughout the country and there are two centres providing physical rehabilitation for persons with disabilities.
73. Legislative Decree No. 3 of 2010, concerning human trafficking offences, contains provisions on the victims of human trafficking. The decree prescribes penalties for committing, participating in, instigating or being an accessory to a human trafficking offence or for failing to report such an offence or belonging to a criminal band whose objective or one of whose objectives is to traffic persons. The intention behind the decree is to prohibit and combat human trafficking, to offer women and child victims of this offence access to special care, to protect victims of human trafficking and safeguard their human rights and, lastly, to try and punish those who commit these offences and their associates.
The decree provides for the establishment of a special department at the Ministry of the Interior to combat human trafficking. The Government set up two refuges for victims of human trafficking, the first in 2008 in Damascus and the second in Aleppo in 2009. The aim is to provide full care and social rehabilitation assistance for victims. Both centres are run by civil society associations operating under the scrutiny of the Ministry of Social Affairs and Labour. The Syrian Arab Republic hosted the First INTERPOL Global Conference on Trafficking in Human Beings, which was held in April 2010 and organized by the Ministry of the Interior.
74. Legislative Decree No. 26 of 2007 was issued to regulate recruitment and employment of non-Syrian child minders and domestic workers and to safeguard these
persons’ rights. The Ministry of Social Affairs and Labour issued Decision No. 108 of 2009, concerning the regulation of the agencies that recruit and employ these workers.
75. On the subject of families, Decree No. 15, concerning microfinance, was adopted to allow the Syrian Central Bank to license social finance banks to provide microfinance services, including credit, deposit and insurance facilities, in order to help families to acquire property, accumulate assets and generate employment, thus increasing their income.
Institutions and organizations (Mawred, the Syria Trust for Development, Fardous, etc.) conduct studies on and provide loans to impoverished families in the Syrian Arab Republic.
Tens of thousands of families have benefited from these programmes.
76. The National Social Assistance Fund was set up to protect and provide for the poorest families by offering them regular or emergency assistance and assistance contingent upon their fulfilment of development-related goals in the areas inter alia of health and education. Among other things, recipients must make sure that their children do not drop out of education and must have their children immunized under established programmes.
The intention is to empower these families in the economic, social, health and educational domains through programmes that are carried out by the Fund or institutions or under related empowerment schemes.
77. On the subject of health, the National Centre of Forensic Medicine deals inter alia with cases of domestic violence and tracks patterns of violence in society as a whole. It also provides forensic doctors with training on how to deal with such cases and offers medical assistance in cases identified by forensic medicine centres in the governorates.
78. The right to education is afforded to all citizens without distinction in the Syrian Arab Republic. Education is compulsory at the basic stage and is provided free of charge from the basic education stage until the end of university. The State does not impose fees for basic education. By Act No. 32 of 7 April 2002 education was made compulsory up to the end of the basic stage and primary and intermediate education were merged into a single stage – ―basic education‖. Basic education is compulsory and is provided free of charge. A regulation was issued in Decision No. 21231/443 of 21 July 2002 setting out the procedures for delivering basic education and the specific conditions associated with this stage. A reference framework is provided for the delivery of basic education and the adoption of action to overcome any impediments to the proper application of the relevant law. The decision was amended by Decision No. 3053/443 of 16 August 2004 on the basis of feedback from those working in the sector. Moreover, Legislative Decree No. 55 of 2004 was issued to regulate establishments that provide education at the pre-university stage.
79. The Ministry of Education oversees the application of the Compulsory Education Act, in cooperation and coordination with relevant institutions, with a view to the fulfilment of quantitative and qualitative targets. Under the Act, all children aged between 6 and 18 years must enrol in basic education schools. Given the difficulties that were encountered during the application of the national action plan with absorbing all children of school age in basic education schools, the Government came forward with solutions to deliver education to all children. Various initiatives were taken, notably under Decree No. 39 of 2008, concerning the remuneration of teachers in remote areas, and under other programmes such as the ―Mixed age classes‖ and ―Home learning for children in Syrian desert areas‖ programmes, together with the ―Mobile schools‖ project (tents and caravans), and the ―People’s Support Experiment‖.
80. The Syrian Arab Republic has made great progress towards the attainment of health goals through a succession of five-year plans. In recent years, attention has focused on medicines and related problems. A clear policy on drugs has been formulated and adopted based on a number of core criteria: the adoption of a systematic approach to the use of first- line medicines; a clear policy on pharmaceuticals production that is founded, in particular,
