Report on Human Rights Practices for 2001
Syria
Despite the existence of some institutions of democratic government, the
political system places virtually absolute authority in the hands of the
President. Former President Hafiz Al-Asad died on June 10, 2000, after
30 years in power. Immediately following Al-Asad's death, the Parliament
amended the Constitution, reducing the mandatory minimum age of the President
from 40 to 34 years old, which allowed his son Bashar Al-Asad legally
to be eligible for nomination by the ruling Ba'th party. On July 10, 2000,
Bashar was elected by referendum in which he ran unopposed and received
97.29 percent of the vote. Key decisions regarding foreign policy, national
security, internal politics, and the economy are made by the President,
with counsel from his ministers, high-ranking members of the ruling Ba'th
Party, and a relatively small circle of security advisers. Although the
Parliament is elected every 4 years, the Ba'th Party is ensured a majority.
The Parliament may not initiate laws but only assesses and at times modifies
those proposed by the executive branch. In general all three branches
of government are influenced to varying degrees by leaders of the Ba'th
Party, whose primacy in state institutions is mandated by the Constitution.
The Constitution provides for an independent judiciary, but security courts
are subject to political influence. The regular courts generally display
independence, although political connections and bribery may influence
verdicts.
The powerful role of the security services in government, which extends
beyond strictly security matters, stems in part from the state of emergency
that has been in place almost continuously since 1963. The Government
justifies martial law because of the state of war with Israel and past
threats from terrorist groups. Syrian Military Intelligence and Air
Force Intelligence are military agencies, while General Security, State
Security, and Political Security come under the purview of the Ministry
of Interior. The branches of the security services operate independently
of each other and outside the legal system. Their members commit serious
human rights abuses.
The population of the country is approximately 17 million. The economy
is based on commerce, agriculture, oil production, and government services.
There is a generally inefficient public sector, a private sector, and
a mixed public/private sector. The still-dominant state role in the
economy, a complex bureaucracy, overarching security concerns, endemic
corruption, currency restrictions, a lack of modern financial services
and communications, and a weak legal system hamper economic growth.
The Government has sought to promote the private sector through investment
incentives, exchange rate consolidation, and deregulation, especially
with regard to financial transactions governing imports and exports.
However, in recent years, diminished foreign aid, drought, fluctuating
prices for oil and agricultural commodities, and regional recession
have hurt the economy. Uncertainty about the Middle East peace process
and sporadic tension over Iraq has diminished investor confidence in
the region. After 4 years of negative economic growth, Syria's economy
is estimated to have grown by 1.5 to 2 percent during the year. A high
population growth rate of nearly 3 percent continued to erode economic
gains. Wage and benefits increases generally have not kept pace with
cost of living increases, although inflation has been minimal in recent
years. The gap between the rich and poor remained significant, with
many public sector workers relying on second jobs to make ends meet.
The human rights situation remained poor, and the Government continues
to restrict or deny fundamental rights, although there were improvements
in a few areas. The Ba'th Party dominates the political system, as provided
for by the Constitution, and citizens do not have the right to change
their government. The Government uses its vast powers so effectively
that there is no organized political opposition, and there have been
very few antigovernment manifestations. Although the Government released
prominent political prisoner Nizar Nayyuf in May after 10 years in prison,
it immediately placed him under house arrest. The Government subsequently
allowed him to travel overseas for medical treatment but issued an arrest
warrant against him in September while he was still abroad. Beginning
in August, the Government also arrested 10 prominent human rights leaders,
including two independent Members of Parliament and former longtime
political prisoner Riad al-Turk. The Jordanian press reported in January
the release from Syrian jail of six Jordanian prisoners of Palestinian
origin, who had been imprisoned for membership in Palestinian organizations.
Continuing serious abuses include the use of torture in detention; poor
prison conditions; arbitrary arrest and detention; prolonged detention
without trial; fundamentally unfair trials in the security courts; an
inefficient judiciary that suffers from corruption and, at times, political
influence; and infringement on privacy rights.
The Government also significantly restricts freedom of speech and of
the press. Although new amendments to the Press Law permitted government-approved
private individuals and organizations to publish their own newspapers,
the same amendments also stipulated imprisonment and stiff financial
penalties as part of broad, vague provisions prohibiting the publication
of "inaccurate" information. Freedom of assembly does not
exist under the law and the Government restricts freedom of association.
The Government does not officially allow independent domestic human
rights groups to exist; however, it allowed periodic meetings of unlicensed
civil society forums throughout the year. The Government places some
limits on freedom of religion and limits freedom of movement. Violence
and societal discrimination against women are problems. The Government
discriminates against the stateless Kurdish minority, suppresses worker
rights, and tolerates child labor in some instances.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of political killings or other killings committed
by government forces during the year.
In November 2000, security forces killed four Bedouins during the Government's
intervention in armed clashes between Bedouin shepherds and Druze residents
of Suwayda Province (see Sections 1.c. and 5). In October 1999, government
forces moved against a residential compound and boat dock owned by then-President
Asad's brother, Rif'at Al-Asad. A number of Rif'at's supporters, including
military guards, were sequestered in the compound, and the clash resulted
in an unconfirmed number of deaths, including among government forces.
The Government reportedly claimed that the clash was the consequence
of enforcing "legal measures" that were taken against Rif'at
and his supporters because of "violations of civil and military
laws."
There were reports in 1999 of the corporal punishment of army recruits
that led to injury or death (see Section 1.c.).
There were no credible reports of deaths in detention during the year;
however, such deaths have occurred in the past. Previous deaths in detention
have not been investigated by the Government, and the number and identities
of prisoners who died in prisons since the 1980's remain unknown.
b. Disappearance
There were no new confirmed reports of politically motivated disappearances
during the year. Because security forces often do not provide detainees'
families with information regarding their welfare or location, many
persons who disappeared in past years are believed to be in longterm
detention or to have died while in detention; it appears that the number
of new disappearances declined in recent years, although this circumstance
may be due to the Government's success in deterring opposition political
activity rather than a loosening of the criteria for detention (see
Section 1.d.).
Despite inquiries by international human rights organizations and foreign
governments, the Government offered little new information regarding
the welfare and whereabouts of persons who have been held incommunicado
for years or about whom no more is known other than the approximate
date of their detention. The Government claims that it has released
all Palestinians and Jordanian and Lebanese citizens who reportedly
were abducted from Lebanon during and after Lebanon's civil war; however,
the Government's claim is disputed by Lebanese NGO's, Amnesty International,
and other international NGO's, as well as some family members of those
who allegedly remain in Syrian prisons (see Section 1.d.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Despite the existence of constitutional provisions and several Penal
Code penalties for abusers, there was credible evidence that security
forces continued to use torture, although to a lesser extent than in
previous years. Former prisoners and detainees report that torture methods
include administering electrical shocks; pulling out fingernails; forcing
objects into the rectum; beating, sometimes while the victim is suspended
from the ceiling; hyperextending the spine; and using a chair that bends
backwards to asphyxiate the victim or fracture the victim's spine. In
September Amnesty International published a report claiming that authorities
at Tadmur Prison regularly torture prisoners, or force prisoners to
torture one another. Although torture occurs in prisons, torture is
most likely to occur while detainees are being held at one of the many
detention centers run by the various security services throughout the
country, and particularly while the authorities are attempting to extract
a confession or information regarding an alleged crime or alleged accomplices.
The Government has denied that it uses torture and claims that it would
prosecute anyone believed guilty of using excessive force or physical
abuse. Past victims of torture have identified the officials who beat
them, up to the level of brigadier general. If allegations of excessive
force or physical abuse are to be made in court, the plaintiff is required
to initiate his own civil suit against the alleged abuser. Courts do
not order medical examinations for defendants who claim that they were
tortured (see Section 1.e.).
In 2000 Syria apprehended Raed Hijazi, accused of a terrorist plot
targeting American and Israeli tourists in Jordan during the millennium
celebrations and rendered him to Jordan to stand trial. According to
media accounts of the trial, doctors for both the defense and the prosecution
testified that Hijazi's body showed signs of having been beaten, but
witnesses, including Hijazi, made contradictory and inconclusive claims
regarding whether the alleged abuse occurred while he was in Jordanian
or Syrian custody. The Jordanian court has rejected the allegations
that Hijazi's confession was coerced.
The Government reportedly tortured some of the Islamist prisoners who
were detained during the large-scale arrests in late 1999 and early
2000 (see Sections 1.d. and 2.c.).
On January 30, unknown assailants attacked and beat novelist Nabil
Sulayman outside his apartment in Latakia, in what some observers believe
was a message from the Government to civil society advocates to moderate
their pressure for reform (see Section 2.a.).
In November 2000, 200 persons were injured during clashes in Suwayda
province involving Druze residents, Bedouin shepherds, and security
forces (see Sections 1.a. and 5).
Prison conditions vary but generally are poor and do not meet international
standards for health and sanitation. Facilities for political or national
security prisoners generally are worse than those for common criminals.
The notorious Tadmur Prison in Palmyra, where many political and national
security prisoners have been kept, is widely considered to have the
worst conditions. There were unconfirmed press reports in September
that the Government closed the civilian wing of Tadmur Prison, and unconfirmed
press reports earlier in the year that the Government moved approximately
500 to 600 political prisoners from Tadmur Prison to Sayadnaya Prison
in preparation for Tadmur's eventual closing.
At some prisons, authorities allow visitation, but in other prisons,
security officials demand bribes from family members who wish to visit
incarcerated relatives. Overcrowding and the denial of sufficient nourishment
occur at several prisons. According to Human Rights Watch, prisoners
and detainees are held without adequate medical care, and some prisoners
with significant health problems reportedly are denied medical treatment.
Some former detainees have reported that the Government prohibits reading
materials, even the Koran, for political prisoners.
There were credible reports in 2000 that minors were held in adult
facilities for 6 months and were not allowed visits from family members.
There are separate detention facilities for women and children (see
Section 1.d.).
The Government does not permit independent monitoring of prison or
detention center conditions. In June the Government allowed a German
diplomat to visit Hussein Dawud, a Syrian member of the Kurdish Popular
Union Party imprisoned in Sayadnaya Prison, after rumors of Dawud's
death by torture were published. The diplomat confirmed Dawud's presence
and saw no signs of torture.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention are significant problems. The Emergency
Law, which authorizes the Government to conduct preventive arrests,
overrides Penal Code provisions against arbitrary arrest and detention,
including the need to obtain warrants. Officials contend that the Emergency
Law is applied only in narrowly defined cases, and in January the regional
press reported that the Information Minister claimed that the authorities
had frozen "martial law," and the Interior Ministry claimed
that the Government had made no arbitrary arrests since April 2000.
Nonetheless, in cases involving political or national security offenses,
arrests often are carried out in secret, and suspects may be detained
incommunicado for prolonged periods without charge or trial and are
denied the right to a judicial determination regarding the pretrial
detention. Some of these practices are prohibited by the state of emergency,
but the authorities are not held to these strictures. Additionally,
those suspected of political or national security offenses also may
be arrested and prosecuted under ambiguous and broad articles of the
Penal Code, and subsequently tried in either the criminal or security
courts.
The Government detains relatives of detainees or of fugitives in order
to obtain confessions or the fugitive's surrender (see Section 1.f.).
The Government also threatens families or friends of detainees, at times
with the threat of expulsion, to ensure their silence, to force them
to publicly disavow their relatives, or to force detainees into compliance.
Defendants in civil and criminal trials have the right to bail hearings
and the possible release from detention on their own recognizance. There
is no bail option for those accused of state security offenses. Unlike
defendants in regular criminal and civil cases, security detainees do
not have access to lawyers prior to or during questioning.
Detainees have no legal redress for false arrest. Security forces often
do not provide detainees' families with information regarding their
welfare or location while in detention. Consequently many persons who
have disappeared in past years are believed to be in long-term detention
without charge or possibly to have died in detention (see Section 1.b.).
Many detainees brought to trial have been held incommunicado for years,
and their trials often have been unfair (see Section 1.e.). There were
reliable reports that the Government did not notify foreign governments
when their citizens were arrested or detained.
Pretrial detention may be lengthy, even in cases not involving political
or national security offenses. The criminal justice system is backlogged.
Many criminal suspects are held in pretrial detention for months and
may have their trials extended for additional months. Lengthy pretrial
detention and drawn-out court proceedings are caused by a shortage of
available courts and the absence of legal provisions for a speedy trial
or plea bargaining (see Section 1.e.).
On May 6 the Government released prominent political prisoner Nizar
Nayyuf, who had been imprisoned since 1992 on a 10-year sentence after
being convicted for founding an unlawful organization, disseminating
false information, and undermining the Government. Human rights organizations
noted that authorities placed him under house arrest immediately following
his release. In June the Government allowed Nayyuf to leave the country
for medical treatment. According to public statements by his lawyer,
in September Nayyuf was summoned to appear before an investigating court
to respond to a complaint against him filed by Ba'th party lawyers for
"inciting confessionalism, attempting to illegally change the Constitution,
and publishing false reports abroad." Nayyuf was still out of the
country when the summons was issued and had not returned to the country
by year's end. The French free press organization Reporters Without
Borders (Reporters Sans Frontieres--RSF) claimed that the Government
harassed and intimidated members of Nayyuf's family following the issuance
of the summons. The Government reportedly fired two members of his immediate
family from their jobs. The municipality threatened to expel members
of Nayyuf's family if they did not publicly disavow his statements (see
Section 4).
On August 9, the Government arrested independent Member of Parliament
Ma'mun Humsi during his hunger strike protesting official corruption,
the excessive powers of the security forces, and the continuation of
the Emergency Law. In a departure from previous practice, the Interior
Ministry issued a statement justifying Humsi's arrest under Penal Code
articles dealing with crimes against state security (see Section 3).
On September 1, the Government detained prominent political activist
and prior longtime detainee Riad al-Turk for violations of Penal Code
articles dealing with crimes against state security, after al-Turk made
derogatory public comments about late President Hafiz al-Asad.
On September 6, the Government detained independent Member of Parliament
Riad Seif shortly after Seif resumed the activities of his unlicensed
political discussion forum. The principal charge against both Humsi
and Seif was attempting illegally to change the Constitution (see Section
3).
Later in September, the Government detained seven additional prominent
human rights activists who had issued statements in support of Humsi,
Seif, and al-Turk (see Section 4). The Government reportedly charged
the seven activists under Penal Code articles dealing with crimes against
state security (see Section 2.a.). Although all of the detainees reportedly
were arrested for Penal Code violations, only Humsi and Seif are being
tried in criminal court, with the other cases reportedly to be tried
in the Supreme State Security Court (see Section 1.e.). Their trial
has been open to foreign observers and the press.
The Government reportedly had released most of the hundreds of Turkomen
detained without charge in 1996; however, the group's leaders reportedly
remained in detention.
There were reports of large-scale arrests of Syrian and Palestinian
Islamists between late December 1999 and February 2000. Hundreds of
persons allegedly were arrested in the cities of Damascus, Hama, Aleppo,
and Homs. Most of those arrested reportedly were released after signing
an agreement not to participate in political activities; however, some
may remain in detention. There were no known reports that the Government
arrested Islamists on political charges during the year.
There were reliable reports that security forces arrested several minors
on unspecified political charges in 2000. The minors reportedly were
held in adult facilities for 6 months, had no access to legal counsel,
and were not allowed visits from family members. There were no reports
of the arrests of minors on political charges during the year.
In December 2000, the Government detained an individual for several
months without charge for forwarding via e-mail an allegedly lewd political
cartoon (see Section 1.f.).
According to a credible report, in March Syrian intelligence officials
in Lebanon arrested three Syrian Druze men who had converted to Christianity,
possibly on suspicion of membership in Jehovah's Witnesses (see Section
2.c.).
The Jordanian press reported in January the release from Syrian jails
of six Jordanian prisoners of Palestinian origin, who had been imprisoned
for membership in Palestinian organizations. There were unconfirmed
reports that a large number of Jordanian prisoners were released between
May and July 2000. However, according to Amnesty International, only
three of the Jordanians released in 2000 had been held for political
reasons.
There were unconfirmed regional press reports that approximately 500
political detainees were moved from Tadmur Prison to Saydnaya Prison
in late July and early August in preparation for the eventual closing
of Tadmur (see Section 1.c.). The Government also closed the Mazzah
prison in November 2000, which reportedly held numerous political prisoners
and detainees.
In May 2000, there were media reports that Communist Action Party leaders
Aslan 'Abd Al-Karim and Fateh Jamous and oppositionist Randa Ayoubi
were released from prison. In August 2000, Sheikh Hashim Minqara, a
leader of the Islamic Tawheed Movement who was arrested in Lebanon in
1985, reportedly was released.
In November 2000, the Government declared an amnesty for 600 political
prisoners and detainees and a general pardon for some nonpolitical prisoners.
The amnesty was covered in the media and reportedly was the first time
that the Government acknowledged that it held persons for political
reasons. There were credible but unconfirmed reports that the 600 detainees,
including members of the Muslim Brotherhood, the Islamic Salvation Party,
the Communist Action Party, and some Kurds, had all been released by
the end of 2000.
In December 2000, the Government transferred 54 Lebanese political
prisoners and detainees from Syrian to Lebanese custody (see Section
1.e.).
A prisoner amnesty announced in July 1999 is believed to have benefited
some political prisoners and detainees. While the total number of those
released is unknown, Amnesty International identified six prisoners
held for political reasons who were released. Unconfirmed reports suggest
that as many as 600 prisoners were released. Some former prisoners reportedly
were required to sign loyalty oaths or admissions of guilt as a condition
of their release. Most of those arrested during crackdowns in the 1980's,
in response to violent attacks by the Muslim Brotherhood, have been
released; however, some may remain in prolonged detention without charge.
Some union and professional association officials detained in 1980 may
remain in detention (see Sections 2.b. and 6.a.).
The number of remaining political detainees is unknown. In June 2000,
prior to the November 2000 prison amnesty, Amnesty International estimated
that there were approximately 1,500 political detainees in the country;
many of the detainees reportedly are suspected supporters of the Muslim
Brotherhood and the pro-Iraqi wing of the Ba'th party. There also are
Jordanian, Lebanese, and Palestinian political detainees. Estimates
of detainees are difficult to confirm because the Government does not
verify publicly the number of detentions without charge, the release
of detainees or amnestied prisoners, or whether detainees subsequently
are sentenced to prison (see Section 1.e.).
In October 1998, the Jordanian Government requested that the Syrian
Government account for 429 named Jordanian nationals, 239 of whom Jordan
claims have been missing since they entered Syria, and 190 of whom Jordan
claims are imprisoned in Syria. By year's end there had been no published
official response.
Former prisoners are subject to a so-called "rights ban,"
which begins from the day of sentencing and lasts until 7 years after
the expiration of the sentence, in the case of felony convictions. Persons
subject to this ban are not allowed to vote, run for office, or work
in the public sector; they often also are denied passports.
The Government has exiled citizens in the past, although the practice
is prohibited by the Constitution. The Government refuses to reissue
the passports of citizens who fled the country in the 1980's; such citizens
consequently are unable to return to the country.
There were no known instances of forced exile during the year.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, but the two
exceptional courts dealing with cases of alleged national security violations
are not independent of executive branch control. The regular court system
generally displays considerable independence in civil cases, although
political connections and bribery at times influence verdicts.
The judicial system is composed of the civil and criminal courts, military
courts, security courts, and religious courts, which adjudicate matters
of personal status such as divorce and inheritance (see Section 5).
The Court of Cassation is the highest court of appeal. The Supreme Constitutional
Court is empowered to rule on the constitutionality of laws and decrees;
it does not hear appeals.
Civil and criminal courts are organized under the Ministry of Justice.
Defendants before these courts are entitled to the legal representation
of their choice; the courts appoint lawyers for indigents. Defendants
are presumed innocent; they are allowed to present evidence and to confront
their accusers. Trials are public, except for those involving juveniles
or sex offenses. Defendants may appeal their verdicts to a provincial
appeals court and ultimately to the Court of Cassation. Such appeals
are difficult to win because the courts do not provide verbatim transcripts
of cases--only summaries prepared by the presiding judges. There are
no juries.
Military courts have the authority to try civilians as well as military
personnel. The venue for a civilian defendant is decided by a military
prosecutor. There were continuing reports that the Government operates
military field courts in locations outside established courtrooms. Such
courts reportedly observe fewer of the formal procedures of regular
military courts.
The two security courts are the Supreme State Security Court (SSSC),
which tries political and national security cases, and the Economic
Security Court (ESC), which tries cases involving financial crimes.
Both courts operate under the state of emergency, not ordinary law,
and do not observe constitutional provisions safeguarding defendants'
rights.
Charges against defendants in the SSSC often are vague. Many defendants
appear to be tried for exercising normal political rights, such as free
speech. For example, the Emergency Law authorizes the prosecution of
anyone "opposing the goals of the revolution," "shaking
the confidence of the masses in the aims of the revolution," or
attempting to "change the economic or social structure of the State."
Nonetheless the Government contends that the SSSC tries only persons
who have sought to use violence against the State.
Under SSSC procedures, defendants are not present during the preliminary
or investigative phase of the trial, during which the prosecutor presents
evidence. Trials usually are closed to the public. Lawyers are not ensured
access to their clients before the trial and are excluded from the court
during their client's initial interrogation by the prosecutor. Lawyers
submit written defense pleas rather than oral presentations. The State's
case often is based on confessions, and defendants have not been allowed
to argue in court that their confessions were coerced. There is no known
instance in which the court ordered a medical examination for a defendant
who claimed that he was tortured. The SSSC reportedly has acquitted
some defendants, but the Government does not provide any statistics
regarding the conviction rate. Defendants do not have the right to appeal
verdicts, but sentences are reviewed by the Minister of Interior, who
may ratify, nullify, or alter them. The President also may intervene
in the review process.
Accurate information regarding the number of cases heard by the SSSC
is difficult to obtain, although hundreds of cases are believed to pass
through the court annually. Many reportedly involved charges relating
to membership in various banned political groups, including the Party
of Communist Action and the pro-Iraqi wing of the Ba'th Party. Sentences
as long as 15 years have been imposed in the past. The Government permitted
delegates from Amnesty International to attend a session of the SSSC
in 1997; however there have been no visits by human rights nongovernmental
organizations (NGO's) since then (see Section 4).
The trials of independent Members of Parliament Mamun Humsi and Riyad
Seif began on October 30 and 31, respectively. The trials were held
in a criminal court and, for the first time, were open to diplomats
and the regional press. The eight other activists who were arrested
during the year still were awaiting trial before the SSSC at year's
end (see Sections 1.d., 2.a., and 3).
The ESC tries persons for alleged violations of foreign exchange laws
and other economic crimes. The prosecution of economic crimes is not
applied uniformly, and some government officials or businesspersons
with close connections to the Government likely have violated the country's
strict economic laws without prosecution. Like the SSSC, the ESC does
not ensure due process for defendants. Defendants are not provided adequate
access to lawyers to prepare their defenses, and the State's case usually
is based on confessions. Verdicts may be influenced by high-ranking
government officials. Those convicted of the most serious economic crimes
do not have the right of appeal, but those convicted of lesser crimes
may appeal to the Court of Cassation. A significant prisoner amnesty
for individuals convicted of economic crimes was announced in July 1999.
This amnesty may have benefited thousands of persons. In May 2000, late-President
Hafiz Al-Asad amended the Economic Penal Code to allow defendants in
economic courts to be released on bail. The bail provision does not
extend to those accused of forgery, counterfeiting, or auto theft; however,
the amendment is intended to provide relief for those accused of other
economic crimes, many of whom have been in pretrial detention for long
periods of time. These amendments to the Economic Penal Code also limit
the categories of cases that can be tried in the ESC. In November the
Government approved a general pardon for nonpolitical prisoners and
a reduction of sentences by one-third for persons convicted of economic
crimes, with a provision to commute sentences entirely for persons who
return embezzled funds to investors within 1 year of the law's effective
date.
Prisoner amnesties in July 1999 and November 2000 are believed to have
benefited some political prisoners and detainees. The Government also
transferred 54 Lebanese political prisoners and detainees from Syrian
to Lebanese custody in December (see Section 1.d.).
The Government has released virtually all of those arrested at the
time late-President Asad took power in 1970. However, at least two persons
arrested during that period may remain in prison, despite the expiration
of one of the prisoners' sentences.
The Government in the past denied that it held political prisoners,
arguing that, although the aims of some prisoners may be political,
their activities, including subversion, were criminal. The official
media reported that the 600 beneficiaries of the November 2000 amnesty
were political prisoners and detainees; this reportedly was the first
time that the Government acknowledged that it held persons for political
reasons. Nonetheless, the Emergency Law and the Penal Code are so broad
and vague, and the Government's power so sweeping, that many persons
were convicted and are in prison for the mere expression of political
opposition to the Government. The Government's August and September
detentions of 10 prominent civil society and human rights activists
for "crimes of state security" illustrated the Penal Code's
broad scope and represented a retreat from recent modest attempts at
political liberalization (see Sections 1.d. and 2.a.).
The exact number of political prisoners is unknown. Unconfirmed regional
press reports estimated the total number of political prisoners at between
400 and 600. In April a domestic human rights organization estimated
the number to be "nearly 800," including approximately 130
belonging to the Islamic Liberation Party, 250 members and activists
associated with the Muslim Brotherhood, 150 members of the pro-Iraq
wing of the Ba'th Party, and 14 Communists.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Although laws prohibit such actions, the Emergency Law authorizes the
security services to enter homes and conduct searches without warrants
if security matters, very broadly defined, are involved. The security
services selectively monitor telephone conversations and fax transmissions.
The Government sometimes opens mail destined for both citizens and foreign
residents. It also prevents the delivery of human rights materials.
In August 1999, authorities repealed a 5-year ban on entry of Jordanian
newspapers (also see Section 2.a.).
The Government continued its practice of threatening or detaining the
relatives of detainees or of fugitives in order to obtain confessions,
minimize outside interference, or prompt the fugitive's surrender (see
Section 1.d.). There have been reports that security personnel force
prisoners to watch relatives being tortured in order to extract confessions.
According to Amnesty International, security forces also detain family
members of suspected oppositionists (see Section 1.d.).
Security checkpoints continued, although primarily in military and
other restricted areas. There are few police checkpoints on main roads
and in populated areas. Generally the security services set up checkpoints
to search for smuggled goods, weapons, narcotics, and subversive literature.
The searches take place without warrants. In the past, the Government
and the Ba'th Party monitored and attempted to restrict some citizens'
visits to foreign embassies and cultural centers.
In December 2000, the Government detained an individual for forwarding
via e-mail an allegedly lewd political cartoon. One of the recipients
of the e-mail had forwarded it to the authorities. The individual was
held for several months without charge, then released.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for right to express opinions freely in speech
and in writing, but the Government restricts these rights significantly
in practice. The Government strictly controls the dissemination of information
and permits no written or oral criticism of the President, the President's
family, the Ba'th Party, the military, or the legitimacy of the Government.
The Government also does not permit sectarian issues to be raised. Detention
and beatings for individual expressions of opinion that violate these
unwritten rules at times occur, although not as frequently as in the
past. The Government also threatens activists to attempt to control
their behavior. On January 30, novelist Nabil Sulayman was attacked
outside his apartment in Latakia. According to Sulayman's daughter,
two men assaulted him from behind and beat him severely before Sulayman's
neighbors drove them off. Sulayman suffered a serious head wound that
led to his hospitalization, although he subsequently recovered. Some
observers believe the attack was a message from the Government to civil
society advocates to moderate their pressure for reform. The attack
came just a day after Information Minister Adnan Um'ran publicly criticized
civil society advocates.
In a speech in February, the President explicitly criticized civil
society advocates as elites "from outside" who wrongly claim
to speak for the majority and said that openness would only be tolerated
as long as it "does not threaten the stability of the homeland
or the course of development." During the year, the Government
required all social, political, and cultural forums and clubs to obtain
advance official approval for meetings, to obtain approval for lecturers
and lecture topics, and to submit lists of all attendees (see Section
2.b.).
In January the regional press reported on a "Group of 1,000"
intellectuals that issued a statement calling for more comprehensive
reforms than those demanded by a group of 99 Syrian intellectuals in
September 2000. The group's statement called for lifting martial law,
ending the state of emergency that has been in effect since 1963, releasing
political prisoners, and expanding civil liberties in accordance with
the provisions of the Constitution. The Government did not take action
immediately against any of the individuals who signed the petition;
however, in September it detained seven prominent human rights figures,
reportedly charging them under articles in the Penal Code dealing with
crimes against state security. The seven individuals, who included intellectual
Aref Dalilah, had issued statements in support of three other activists
whom the Government recently had detained (see Section 1.d.). A number
of those detained were signatories of the January petition. In December
2000, a local human rights organization published an open letter in
a Lebanese newspaper calling for the closure of the notorious Tadmur
Prison.
The Emergency Law and Penal Code articles dealing with crimes against
state security allow the Government broad discretion in determining
what constitutes illegal expression. The Emergency Law prohibits the
publication of "false information," which opposes "the
goals of the revolution" (see Section 1.e.). Penal Code articles
prohibit "attempting to illegally change the Constitution,"
"preventing authorities from executing their responsibilities,"
and "acts or speech inciting confessionalism." In August the
Government amended the Press Law to permit the reestablishment of publications
that were circulated prior to 1963 and established a framework in which
the National Front Parties, as well as other approved private individuals
and organizations, would be permitted to publish their own newspapers.
However, the same amendments also stipulated imprisonment and stiff
financial penalties as part of broad, vague provisions prohibiting the
publication of "inaccurate" information, particularly if it
"causes public unrest, disturbs international relations, violates
the dignity of the state or national unity, affects the morale of the
armed forces, or inflicts harm on the national economy and the safety
of the monetary system." Persons found guilty of publishing such
information are subject to prison terms ranging from 1 to 3 years and
fines ranging from $10,000 to $20,000 (500,000 to 1 million Syrian pounds).
The amendments also imposed strict punishments on reporters who do not
reveal their government sources in response to government requests.
Critics claimed that the amendment would increase self-censorship by
journalists, and that it strengthened, rather than relaxed restrictions
on the press.
In the past, the Government imprisoned journalists for failing to observe
press restrictions. In May 1999, a defamation case filed against a journalist
was reported widely in the press. The case was believed to be the first
in which a journalist was tried for what he had published; the court
acquitted him. State security services are known to threaten local journalists,
including with the removal of credentials, for articles printed outside
the country. There were reports that journalists temporarily lost their
credentials in 2000 after they allegedly reported on issues deemed sensitive
by the military.
The Ministry of Information and the Ministry of Culture and National
Guidance censor the domestic and imported foreign press. They usually
prevent the publication or distribution of any material deemed threatening
or embarrassing by the security services to high levels of the Government.
Censorship usually is stricter for materials in Arabic. Commonly censored
subjects include: The Government's human rights record; Islamic fundamentalism;
allegations of official involvement in drug trafficking; aspects of
the Government's role in Lebanon; graphic descriptions of sexual activity;
material unfavorable to the Arab cause in the Middle East conflict;
and material that is offensive to any of the country's religious groups.
In addition most journalists and writers practice self-censorship to
avoid provoking a negative government reaction.
The recent proliferation of private publications that began in 2000,
continued during the year. In January the Government permitted publication
of the National Progressive Front's (NPF) Communist Party newspaper,
The People's Voice. It became the first private paper distributed openly
since 1963. In February the Government permitted publication of the
NPF's Union Socialist Party's private newspaper, The Unionist. Also
in February, the Government permitted the publication of a private satirical
weekly newspaper, The Lamplighter, which criticized politically nonsensitive
instances of government waste and corruption. In June the Government
permitted the publication of the private weekly newspaper The Economist,
which was critical of the performance of government organs.
In his July 2000 inaugural speech, President Bashar Al-Asad emphasized
the principle of media transparency. Since July 2000, both the print
and electronic media at times have been critical of Ba'th Party and
government performance and have reported openly on a range of social
and economic issues. While this relaxation of censorship did not extend
to domestic politics or foreign policy issues, it was a notable departure
from past practice. Damascus-based correspondents for regional Arab
media also were able to file reports on internal political issues, such
as rumored governmental changes, new political discussion groups, and
the possible introduction of new parties to the Ba'th Party-dominated
National Progressive Front.
The media continued to broaden somewhat their reporting on regional
developments, including the Middle East peace process. The media covered
some peace process events factually, but other events were reported
selectively to buttress official views. The government-controlled press
increased its coverage of official corruption and governmental inefficiency.
A few privately owned newspapers published during the year; foreign-owned,
foreign-published newspapers continued to circulate relatively freely.
In August 1999, authorities repealed a 5-year ban on entry of Jordanian
newspapers (see Section 1.f.).
The Government or the Ba'th Party owns and operates the radio and television
companies and the newspaper publishing houses. The Ministry of Information
closely monitors radio and television news programs to ensure adherence
to the government line. The Government does not interfere with broadcasts
from abroad. Satellite dishes have proliferated throughout all regions
and in neighborhoods of all social and economic categories, and in January
the Minister of Economy and Foreign Trade authorized private sector
importers to import satellite receivers and visual intercommunication
systems.
Cellular telephone service was introduced early in 2000, although its
prohibitive cost severely limits the number of subscribers. Internet
access and access to e-mail is limited but growing, with efforts underway
to provide greater Internet access, especially to universities and businesses.
The Government blocks access to selected Internet sites that contain
information deemed politically sensitive or pornographic in nature.
The Government also periodically blocks access to servers that provide
free e-mail services. In December 2000, the Government detained an individual
for several months without charge for forwarding via e-mail an allegedly
lewd political cartoon (see Section 1.f.). In 1999 and in September
2000, telephone service to the offices and residences of several foreign
diplomats was disrupted, allegedly because the lines had been used to
access Internet providers outside the country. Telephone service in
1999 was restored in response to diplomatic protest by the affected
embassies; however, diplomats and citizens continue to experience regular
disruptions of telephone service. The Ministry of Culture and National
Guidance censors fiction and nonfiction works, including films. It also
determines which films may or may not be shown at the cultural centers
operated by foreign embassies. The Government prohibits the publication
of books and other materials in Kurdish; however, there are credible
reports that Kurdish language materials are available in the country
(see Section 5).
The Government restricts academic freedom. Public school teachers are
not permitted to express ideas contrary to government policy, although
authorities allow somewhat greater freedom of expression at the university
level.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly does not exist under the law. Citizens may not
hold demonstrations unless they obtain permission from the Ministry
of Interior. Most public demonstrations are organized by the Government
or the Ba'th Party. The Government selectively permits some demonstrations,
usually based on political reasons. The Government applies the restrictions
on public assembly in Palestinian refugee camps, where controlled demonstrations
have been allowed.
During the year, as in 2000, there were numerous demonstrations, most
of which were permitted or organized by the Government, and some of
which were directed against diplomatic missions and international agencies
in reaction to the Israeli Government's use of force against Palestinians
in Israel, the West Bank, and Gaza.
In November 2000, there were large demonstrations in Suwayda province
following violent clashes between Bedouin shepherds and Druze residents
of the province (see Sections 1.a., 1.c., and 5).
The Government restricts freedom of association. It required private
associations to register with authorities and denied several such requests
during the year, presumably on political grounds. The Government usually
grants registration to groups not engaged in political or other activities
deemed sensitive. Despite these restrictions, several domestic human
rights and civil society groups held meetings during the year without
registering with the Government or obtaining prior approval for the
meetings. The Government required political forums and discussion groups
to obtain prior approval to hold lectures and seminars and to submit
lists of all attendees. The authorities do not allow the establishment
of independent political parties (see Section 3).
On January 30, novelist Nabil Sulayman was attacked and beaten outside
his apartment in Latakia, in what some observers believe was a message
from the Government to civil society advocates to moderate their pressure
for reform see Section 2.a.).
In August and September that Government arrested 10 human rights activists
who had called for the expansion of civil liberties (see Sections 2.a.
and 1.d.).
In 1980 the Government dissolved, and then reconstituted under its
control, the executive boards of professional associations after some
members staged a national strike and advocated an end to the state of
emergency. The associations have not been independent since that time
and generally are led by members of the Ba'th Party, although nonparty
members may serve on their executive boards. It is not known whether
any persons detained in 1980 crackdowns on union and professional association
officials remain in detention (see Sections 1.d. and 6.a.).
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
generally respects this right in practice; however, it imposes restrictions
in some areas. The only advantage given to a particular religion by
the Constitution is the requirement that the President be a Muslim.
There is no official state religion; Sunni Muslims constitute the majority
of the population.
All religions and orders must register with the Government, which monitors
fund raising and requires permits for all meetings by religious groups,
except for worship. Recognized religious groups receive free utilities
and are exempt from real estate taxes and taxes on official vehicles.
There is a strict de facto separation of religious institutions and
the state. Religious groups tend to avoid any involvement in internal
political affairs. The Government in turn generally refrains from becoming
involved in strictly religious issues.
The Government considers militant Islam a threat and follows closely
the practice of its adherents. The Government has allowed many new mosques
to be built; however, sermons are monitored and controlled, and mosques
are closed between prayers.
There were large-scale arrests of Syrian and Palestinian Islamists
affiliated with the Muslim Brotherhood and the Islamic Salvation Party
in late 1999 and early 2000. Some of the Islamist prisoners reportedly
were tortured in detention. A number of these prisoners reportedly were
released during 2000 (see Sections 1.c. and 1.d.).
Although the law does not prohibit proselytizing, the Government discourages
such activity in practice, particularly when it is deemed a threat to
the generally good relations among religious groups. Foreign missionary
groups are present but operate discreetly. The Government banned Jehovah's
Witnesses as a politically motivated Zionist organization in 1964.
According to a credible report, three Syrian Druze men who had converted
to Christianity were arrested in March by Syrian intelligence officials
in Lebanon, possibly on suspicion of membership in Jehovah's Witnesses.
They reportedly were transferred to prison in Syria, held for 2 months,
and then released after signing papers stating that they would cease
attending their church and cease contact with their pastor.
Officially all schools are government run and nonsectarian, although
some schools are run in practice by Christian, Druze, and Jewish minorities.
There is mandatory religious instruction in schools, with government-approved
teachers and curriculums. Religion courses are divided into separate
classes for Muslim, Druze, and Christian students. Jews have a separate
primary school, which offers religious instruction in Judaism, in addition
to traditional subjects. Although Arabic is the official language in
public schools, the Government permits the teaching of Armenian, Hebrew,
Syriac (Aramaic), and Chaldean in some schools on the basis that these
are "liturgical languages."
Religious groups are subject to their respective religious laws on
marriage, divorce, child custody, and inheritance (see Section 5).
Government policy officially disavows sectarianism of any kind. However,
in the case of Alawis, religion can be a contributing factor in determining
career opportunities. For example, members of the President's Alawi
sect hold a predominant position in the security services and military,
well out of proportion to their percentage of the population, estimated
at 12 percent (see Section 3).
For primarily political rather than religious reasons, Jews generally
are barred from government employment and do not have military service
obligations. Jews also are the only religious minority group whose passports
and identity cards note their religion.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
The Government limits freedom of movement. The Government restricts
travel near the Golan Heights. Travel to Israel is illegal. In November
1999, the Government eased many of its travel restrictions, which made
it easier for most citizens to travel abroad. In December 2000, the
Government lifted the ban on travel to Iraq. Exit visas generally no
longer are required for women, men over 50 years old, and citizens living
abroad. Individuals have been denied permission to travel abroad on
political grounds, although government officials deny that this practice
occurs. The authorities may prosecute any person found attempting to
emigrate or to travel abroad illegally, or who has been deported from
another country, or who is suspected of having visited Israel. Women
over the age of 18 have the legal right to travel without the permission
of male relatives. However, a husband may file a request with the Ministry
of Interior to prohibit his wife's departure from the country (see Section
5). The Government's use of police checkpoints has been reduced (see
Section 1.f.).
The Government has refused recognize the citizenship of or to grant
identity documents to some persons of Kurdish descent. Their lack of
citizenship or identity documents restricts them from traveling to and
from the country (see Section 5).
In July 2000, the Government announced that emigres who did not complete
mandatory military service may pay a fee to avoid being conscripted
while visiting the country.
As of June 391,651 Palestinian refugees were registered with the U.N.
Relief and Works Agency (UNRWA) in the country. In general Palestinian
refugees no longer report unusual difficulties travelling in and out
of the country, as was the case in the past. The Government restricts
entry by Palestinians who are not resident in the country.
Citizens of Arab League countries may enter the country without a visa
for stay of up to 3 months, a period that is renewable on application
to government authorities. Residency permits require demonstration of
employment and a fixed address in Syria.
The law does not provide for the granting of refugee or asylum status
in accordance with the 1951 U.N. Convention Relating to the Status of
Refugees or its 1967 Protocol. The Government cooperates on a case-by-case
basis with the office of the United Nations High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees.
The Government provides first asylum but is selective about extending
protection to refugees; 2,935 persons sought asylum during the year.
Although the Government denied that it forcibly repatriated persons
with a valid claim to refugee status, in 1998 it apparently forcibly
repatriated Iraqi, Somali, Algerian, and Libyan refugees. As of September,
there were 3,271 non-Palestinian refugees in the country, all of whom
were receiving assistance from the UNHCR, including 1,597 refugees of
Iraqi origin.
Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government
Although citizens ostensibly vote for the President and Members of
Parliament, they do not have the right to change their government. The
late President Hafiz Al-Asad was confirmed by unopposed referenda five
times after taking power in 1970. His son, Bashar Al-Asad, also was
confirmed by an unopposed referendum in July 2000. The Government is
headed by a Cabinet, which the President has the discretion to change.
Political opposition to the President is not tolerated. The President
and his senior aides, particularly those in the military and security
services, ultimately make most basic decisions in political and economic
life, with a very limited degree of public accountability. Moreover
the Constitution mandates that the Ba'th Party is the ruling party and
is ensured a majority in all government and popular associations, such
as workers' and women's groups. Six smaller political parties are permitted
to exist and, along with the Ba'th Party, make up the National Progressive
Front (NPF), a grouping of parties that represents the sole framework
of legal political party participation for citizens. While created ostensibly
to give the appearance of a multiparty system, the NPF is dominated
by the Ba'th Party and does not change the essentially one-party character
of the political system. Non-Ba'th Party members of the NPF exist as
political parties largely in name only and conform strictly to Ba'th
Party and government policies. There were reports in 2000 that the Government
was considering legislation to expand the NPF to include new parties
and several parties previously banned; however, there were no developments
during the year.
The Ba'th Party dominates the Parliament, which is known as the People's
Council. Although parliamentarians may criticize policies and modify
draft laws, the executive branch retains ultimate control over the legislative
process. The Government has allowed independent non-NPF candidates to
run for a limited allotment of seats in the 250-member People's Council.
The current allotment of non-NPF deputies is 83, ensuring a permanent
absolute majority for the Ba'th Party-dominated NPF. Elections for the
250 seats in the People's Council last took place in 1998.
In August and September, the Government arrested independent Members
of Parliament Ma'mun Humsi and Riad Seif on charges of attempting to
illegally change the Constitution (see Section 1.d.).
Persons convicted by the State Security Court may be deprived of their
political rights after they are released from prison. Such restrictions
include a prohibition against engaging in political activity, the denial
of passports, and a bar on accepting government jobs and some other
forms of employment. The duration of such restrictions is 7 years after
expiration of the sentence in the case of felony convictions; however,
in practice, the restrictions may continue beyond that period. The Government
contends that this practice is mandated by the Penal Code; it has been
in effect since 1949.
Women and minorities, with the exception of the Jewish population and
stateless Kurds (see Section 5), participate in the political system
without restriction. Nonetheless, the percentage of women and minorities
in government and politics does not correspond to their percentage of
the population. There were 2 female cabinet ministers and 26 female
Members of Parliament.
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
The Government does not allow domestic human rights groups to exist
legally. One or two human rights groups once operated legally but subsequently
were banned by the Government. However, several domestic human rights
organizations and civil society groups met during the year.
In February Human Rights Watch (HRW) criticized the Government for
restricting civil society groups from meeting. HRW claimed that such
groups had grown in popularity in the preceding months, but that on
February 18 the Government informed many leaders of such groups that
their meetings could not be held without government permission.
The Government has met only twice with international human rights organizations:
Human Rights Watch in 1995 and Amnesty International in 1997.
As a matter of policy, the Government in its dealings with international
groups denies that it commits human rights abuses. It has not permitted
representatives of international organizations to visit prisons. The
Government states that it now responds in writing to all inquiries from
NGO's regarding human rights issues, including the cases of individual
detainees and prisoners, through an interagency governmental committee
established expressly for that purpose. The Government usually responds
to queries from human rights organizations and foreign embassies regarding
specific cases by claiming that the prisoner in question has violated
national security laws.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides for equal rights and equal opportunity for
all citizens. In practice membership in the Ba'th Party or close familial
relations with a prominent party member or powerful government official
can be important for economic, social, or educational advancement. Party
or government connections can pave the way for entrance into better
elementary and secondary schools, access to lucrative employment, and
greater power within the Government, the military, and the security
services. Certain prominent positions, such as that of provincial governor,
are reserved solely for Ba'th Party members. Apart from some discrimination
against Jews and stateless Kurds, there are no apparent patterns of
systematic government discrimination based on race, sex, religion, disability,
language, or social status. However, there are varying degrees of societal
discrimination in each of these areas.
Women
Violence against women occurs, but there are no reliable statistics
regarding the prevalence of domestic violence or sexual assault. The
vast majority of cases likely are unreported, and victims generally
are reluctant to seek assistance outside the family. One preliminary
academic study suggested that domestic violence is the largest single
reason for divorces, and that such abuse is more prevalent among the
less-educated and persons who live in rural areas. Battered women have
the legal right to seek redress in court, but few do so because of the
social stigma attached to such action. The Syrian Women's Federation
offers services to battered wives to remedy individual family problems.
The Syrian Family Planning Association also attempts to deal with this
problem. Some private groups, including the Family Planning Association,
have organized seminars on violence against women, which were reported
by the government press. There are a few private, nonofficial, specifically
designated shelters or safe havens for battered women who seek to flee
their husbands.
Rape is a felony; however, there are no laws against spousal rape.
Prostitution is prohibited by law, and it is not a widespread problem.
The law specifically provides for reduced sentences in "honor"
crimes (a euphemism that refers to violent assaults with intent to murder
against a female by a male for alleged sexual misconduct). Instances
of honor crimes are rare and happen primarily in rural areas in which
Bedouin customs prevail.
The Constitution provides for equality between men and women and equal
pay for equal work. Moreover the Government has sought to overcome traditional
discriminatory attitudes toward women and encourages women's education.
However, the Government has not yet changed personal status, retirement,
and social security laws that discriminate against women. In addition
some secular laws discriminate against women. For example, under criminal
law, the punishment for adultery for a woman is twice that as for the
same crime committed by a man.
Christians, Muslims, and other religious groups are subject to their
respective religious laws on marriage, divorce, and inheritance (see
Section 2.c.). For Muslims personal status law on divorce is based on
Shari'a (Islamic law), and some of its provisions discriminate against
women. For example, husbands may claim adultery as grounds for divorce,
but wives face more difficulty in presenting the same argument. If a
woman requests a divorce from her husband, she may not be entitled to
child support in some instances. In addition under the law, a woman
loses the right to custody of boys when they reach age 9 and girls at
age 12.
Inheritance for Muslims also is based on Shari'a. Accordingly Muslim
women usually are granted half of the inheritance share of male heirs.
However, Shari'a mandates that male heirs provide financial support
to the female relatives who inherit less. For example, a brother who
inherits an unmarried sister's share from their parents' estate is obligated
to provide for the sister's well being. If the brother fails to do so,
she has the right to sue.
Polygyny is legal but is practiced only by a small minority of Muslim
men.
A husband may request that his wife's travel abroad be prohibited (see
Section 2.d.). Women generally are barred from travelling abroad with
their children unless they are able to prove that the father has granted
permission for the children to travel.
The law prohibits sexual harassment and specifies different punishments
depending on whether the victim is a minor or an adult. Sexual harassment
does not appear to be a significant problem.
Women participate actively in public life and are represented in most
professions, including the military. Women are not impeded from owning
or managing land or other real property. Women constitute approximately
7 percent of judges, 10 percent of lawyers, 57 percent of teachers below
university level, and 20 percent of university professors.
Children
There is no legal discrimination between boys and girls in education
or in health care. Education is compulsory for all children, male or
female, between the ages of 6 and 12. According to the Syrian Women's
Union, about 46 percent of the total number of students through the
secondary level are female. Nevertheless, societal pressure for early
marriage and childbearing interferes with girls' educational progress,
particularly in rural areas, in which the dropout rates for female students
remain high.
The Government provides medical care for children until the age of
18.
Although there are cases of child abuse, there is no societal pattern
of abuse against children. The law provides for severe penalties for
those found guilty of the most serious abuses against children.
Child prostitution is a rare problem, mainly involving orphans.
An estimated 10 percent of children under the age of 18 participate
in the labor force (see Section 6.d.).
The law emphasizes the need to protect children, and the Government
has organized seminars regarding the subject of child welfare.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities
and seeks to integrate them into the public sector work force. However,
implementation is inconsistent. Regulations reserving 4 percent of government
and public sector jobs for persons with disabilities are not implemented
rigorously. Persons with disabilities may not legally challenge alleged
instances of discrimination. There are no laws that mandate access to
public buildings for persons with disabilities.
Religious Minorities
Although there is significant religious tolerance, religion or ethnic
affiliation can be a contributing factor in determining career opportunities.
For example, members of the President's Alawi sect hold a predominant
position in the security services and military, well out of proportion
to their percentage of the population, despite the fact that government
policy officially disavows sectarianism.
There generally is little societal discrimination or violence against
religious minorities, including Jews. However, in October 2000, a group
of Palestinians threw bricks, stones, and Molotov cocktails at a synagogue
in Damascus, apparently in reaction to the Israeli Government's use
of force against Palestinians in the occupied territories. No one was
injured in the attack; however, the synagogue was damaged slightly and
was closed for approximately 1 month. The Government took immediate
steps to ensure that the Jewish community would be protected from further
attacks, including arresting the perpetrators and posting guards around
synagogues and the Jewish quarter of Damascus.
National/Racial/Ethnic Minorities
The Government generally permits national and ethnic minorities to
conduct traditional, religious, and cultural activities; however, the
Government's attitude toward the Kurdish minority is a significant exception
to this policy. Although the Government contends that there is no discrimination
against the Kurdish population, it places limits on the use and teaching
of the Kurdish language. It also restricts the publication of books
and other materials written in Kurdish (see Section 2.a.), Kurdish cultural
expression, and, at times, the celebration of Kurdish festivals. The
Government tacitly accepts the importation and distribution of Kurdish
language materials, particularly in the northeast region in which most
of the Kurds in the country reside. Some members of the Kurdish community
have been tried by the Supreme State Security Court for expressing support
for greater Kurdish autonomy or independence. Although the Asad Government
stopped the previous practice of stripping Kurds in Syria of their Syrian
nationality (some 120,000 lost Syrian nationality under this program
in the 1960's), it never restored their nationality. As a result, those
who had lost their nationality, and their children, have been unable
to obtain Syrian nationality and passports, or even identification cards
and birth certificates. Without Syrian nationality, these stateless
Kurds, who according to UNHCR estimates number about 200,000, are unable
to own land, are not permitted to practice as doctors or engineers or
be employed by the Government, are ineligible for admission to public
hospitals, have no right to vote, and cannot travel to and from the
country. They also encounter difficulties in enrolling their children
in school, and in some cases, in registering their marriages.
In November 2000, there were violent clashes in Suwayda province, reportedly
stemming from a longstanding dispute between Bedouin shepherds and Druze
residents over grazing and property rights. The Government deployed
5,000 army troops and sealed off the area with military checkpoints,
temporarily preventing nonresidents from entering the Suwayda province.
A number of Druze, Bedouin, and security force personnel were killed
and injured during the clashes. There were large demonstrations following
the deaths (see Section 2.b.).
Section 6 Worker Rights
a. The Right of Association
Although the Constitution provides for this right, workers are not
free to establish unions independent of the Government. All unions must
belong to the General Federation of Trade Unions (GFTU), which is dominated
by the Ba'th Party and is in fact a part of the State's bureaucratic
structure. The GFTU is an information channel between political decisionmakers
and workers. The GFTU transmits instructions downward to the unions
and workers but also conveys information to decision makers about worker
conditions and needs. The GFTU provides the Government with opinions
regarding legislation, organizes workers, and formulates rules for various
member unions. The GFTU president is a senior member of the Ba'th Party.
He and his deputy may attend cabinet meetings on economic affairs. The
GFTU controls nearly all aspects of union activity.
The law does not prohibit strikes, except in the agricultural sector;
however, previous government crackdowns on strikers deter workers from
striking. In 1980 the security forces arrested many union and professional
association officials who planned a national strike. Some of them are
believed to remain in detention, either without trial or after being
tried by the State Security Court (see Sections 1.d. and 2.b.). There
were no strikes during the year.
The GFTU is affiliated with the International Confederation of Arab
Trade Unions.
In 1992 Syria's eligibility for tariff preferences under the U.S. Generalized
System of Preferences was suspended because the Government failed to
afford internationally recognized worker rights to workers.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively does not exist in any
meaningful sense. Government representatives are part of the bargaining
process in the public sector. In the public sector, unions do not normally
bargain collectively on wage issues, but there is some evidence that
union representatives participate with representatives of employers
and the supervising ministry in establishing minimum wages, hours, and
conditions of employment. Workers serve on the boards of directors of
public enterprises, and union representatives always are included on
the boards.
The law provides for collective bargaining in the private sector, but
any such agreement between labor and management must be ratified by
the Minister of Labor and Social Affairs, who has effective veto power.
The Committee of Experts of the International Labor Organization (ILO)
has long noted the Government's refusal to abolish the Minister's power
over collective contracts.
Unions have the right to litigate disputes over work contracts and
other workers' interests with employers and may ask for binding arbitration.
In practice labor and management representatives settle most disputes
without resort to legal remedies or arbitration. Management has the
right to request arbitration, but this right seldom is exercised. Arbitration
usually occurs when a worker initiates a dispute over wages or severance
pay.
Since the unions are part of the Government's bureaucratic structure,
they are protected by law from antiunion discrimination. There were
no reports of antiunion discrimination.
There are no unions in the seven free trade zones. Firms in the zones
are exempt from the laws and regulations governing hiring and firing,
although they must observe some provisions on health, safety, hours,
and sick and annual leave.
c. Prohibition of Forced or Compulsory Labor
There is no law prohibiting forced or compulsory labor, including that
performed by children. There were no reports of forced or bonded labor
by children, or forced labor involving foreign workers or domestic servants.
Forced labor has been imposed as a punishment for some convicted prisoners.
d. Status of Child Labor Practices and Minimum Age for Employment
The Labor Law provides for the protection of children from exploitation
in the workplace; however, the Government tolerates child labor in some
instances. Independent information and audits regarding government enforcement
are not available. In December 2000, the Parliament approved legislation
that raises the private sector minimum age for employment from 12 to
15 years for most types of nonagricultural labor, and from 16 to
18 years for heavy work. In all cases, parental permission is required
for children under the age of 16. The law prohibits children from working
at night. However, the law applies only to children who work for a salary.
Those who work in family businesses and are not technically paid a salary--a
common phenomenon--do not fall under the law. Working hours for youths
of legal age to work do not differ from those established for adults.
Children under the age of 16 are prohibited by law from working in mines,
at petroleum sites, or in other dangerous fields. Children are not allowed
to lift, carry, or drag heavy objects. The exploitation of children
for begging purposes also is prohibited. The Government claims that
the expansion of the private sector has led to more young children working.
The Ministry of Labor and Social Affairs monitors employment conditions
for persons under the age of 18, but it does not have enough inspectors
to ensure compliance with the laws. The Ministry has the authority to
specify the industries in which children 15 and 16 years of age may
work.
The Labor Inspection Department performs unannounced spot checks of
employers on a daily basis to enforce the law; however, the scope of
these checks is unknown. The majority of children under age 16 who are
working do so for their parents in the agricultural sector without remuneration.
The ILO reported in 1998 that 10.5 percent of children under the age
of 18 participate in the labor force, which amounts to 4.7 percent of
the total work force. The Government has not yet ratified ILO Convention
182 on the worst forms of child labor.
The law does not prohibit forced or bonded labor by children (see Section
6.c.); however, such practices are not known to occur.
e. Acceptable Conditions of Work
The Minister of Labor and Social Affairs is responsible for enforcing
minimum wage levels in the public and private sectors. In August 2000,
the Government increased public sector minimum wages by 25 percent to
$57 (2,664 Syrian pounds) per month, plus other compensation (for example,
meals, uniforms, and transportation). In October 2000, the Government
increased private sector minimum wages by 25 percent to $53 (2,425 Syrian
pounds) per month in urban areas and $49 (2,237 Syrian pounds) in rural
areas. These wages do not provide a decent standard of living for a
worker and family. As a result, many workers in both the public and
private sectors take additional jobs or are supported by their extended
families.
The statutory workweek for administrative staff is 6 days of 6 hours
each, and laborers work 6 days a week of 8 hours each. In some cases
a 9-hour workday is permitted. The laws mandate one 24-hour rest day
per week. Rules and regulations severely limit the ability of an employer
to dismiss employees without cause. Even if a person is absent from
work without notice for a long period, the employer must follow a lengthy
procedure of trying to find the person and notify him, including through
newspaper notices, before he is able to take any action against the
employee. Dismissed employees have the right of appeal to a committee
of representatives from the union, management, the Ministry of Labor
and Social Affairs, and the appropriate municipality. Such committees
usually find in favor of the employee. Dismissed employees are entitled
to 80 percent of salary benefits while the dispute is under consideration.
No additional back wages are awarded should the employer be found at
fault, nor are wage penalties imposed in cases in which the employer
is not found at fault. The law does not protect temporary workers who
are not subject to regulations on minimum wages. Small private firms
and businesses employ such workers to avoid the costs associated with
hiring permanent employees.
The law mandates safety in all sectors, and managers are expected to
implement them fully. In practice there is little enforcement without
worker complaints, which occur infrequently despite government efforts
to post notices regarding safety rights and regulations. Large companies,
such as oil field contractors, employ safety engineers.
The ILO noted in 1998 that a provision in the Labor Code allowing employers
to keep workers at the workplace for as many as 11 hours a day might
lead to abuse. However, there have been no reports of such abuses. Officials
from the Ministries of Health and Labor are designated to inspect work
sites for compliance with health and safety standards; however, such
inspections appear to be sporadic, apart from those conducted in hotels
and other facilities that cater to foreigners. The enforcement of labor
laws in rural areas also is more lax than it is in urban areas, where
inspectors are concentrated. Workers may lodge complaints about health
and safety conditions, with special committees established to adjudicate
such cases. Workers have the right to remove themselves from hazardous
conditions without risking loss of employment.
The law provides protection for foreign workers who reside legally
in the country; however, it does not provide protection for the thousands
of foreigners working in the country illegally.
f. Trafficking in Persons
There are no laws that specifically prohibit trafficking in persons;
however, there were no reports that persons were trafficked to, from,
or within the country. Standard labor laws could be applied in the event
of allegations of trafficking.
Source: The
Country Reports on Human Rights Practices, U.S.
State Department, March 2002 |