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EXECUTIVE SUMMARY
Syria is a republic ruled by the authoritarian regime of President Bashar Asad. The
president makes key decisions with counsel from a small number of security
advisors, ministers, and senior members of the ruling Baath (Arab Socialist
Renaissance) Party. The constitution mandates the primacy of Baath Party leaders
in state institutions and society. President Asad and party leaders dominate all
three branches of government. A 2007 yes-or-no referendum that was neither free
nor fair by international standards confirmed Asad as president for his second
seven-year term. Parliamentary elections held in May 2012 were also neither free
nor fair by international standards, and several opposition groups boycotted them.
The civil war, which started in 2012, continued throughout the year. The regime
maintained control over the southern coastal governorates. Fragmented opposition
groups maintained control in several northern and central areas, in many cases
establishing new or reconstituted governance structures, including irregularly
constituted courts. Some areas remained contested, including the northeastern
Kurdish-dominant areas. The regime regularly attacked areas under opposition
control. Government-controlled regular security forces and irregular militias
(shabiha) associated with the government committed widespread human rights
abuses. Opposition armed forces consisted of diverse groups with varying
ideology and goals. The political opposition largely coalesced under a new
political entity, the National Coalition for Syrian Revolutionary and Opposition
Forces.
The Asad regime continued to use indiscriminate and deadly force to quell protests
and conducted air and ground-based military assaults on cities, residential areas,
and civilian infrastructures, including schools and hospitals throughout the country.
For example, on August 21, the regime used sarin gas and artillery to target East
Ghouta and Moadamiya al-Sham, suburbs of Damascus, and killed over 1,000
persons. In July the United Nations announced that more than 100,000 persons
had been killed since the beginning of the crisis in March 2011. In December the
Syrian Observatory for Human Rights (SOHR) estimated that more than 125,835
persons had been killed. As the civil war intensified, the humanitarian situation
reached crisis proportions. As of September 1, more than 2.2 million refugees had
registered with the Office of the UN High Commissioner for Refugees (UNHCR)
in neighboring states and North Africa, and more than 6.5 million persons were
displaced internally. The figures for internally displaced persons were estimates;
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actual figures may have been higher. The regime blocked access for humanitarian
assistance to reach civilian areas, particularly areas held by opposition groups.
The most egregious human rights problems during the year were the regimes
widespread and systematic attacks against civilians; systematic and widespread use
of torture; and the perpetuation of massacres, forced displacement, and starvation.
The government denied citizens the right to change their government peacefully.
The government denied citizens the right to practice freedom of speech, mobility,
association, access to legal representation, and medical assistance. The
government detained tens of thousands of individuals associated with
nongovernmental organizations (NGOs), human rights activists, journalists,
humanitarian aid providers, and doctors without access to fair trial.
Other serious problems included kidnappings and disappearances; targeted killing
of protesters, bystanders, journalists, and medical professionals; torture and abuse,
including of women and children; the use of rape and assault as punishment and a
war tactic; poor prison and detention center conditions; arbitrary arrest and
detention; denial of fair public trial; arbitrary interference with privacy; and lack of
press, internet, and academic freedom. The government continued to restrict
NGOs and individual activists from organizing, especially those working on civil
society and democracy issues. The regime consistently limited medical providers
access to those in critical need. The government continued to restrict freedoms of
religion and movement. In the midst of increases in human trafficking, a problem
exacerbated by the conflict, there was no progress on laws or practices combating
trafficking in persons. Violence and societal discrimination against women and
minorities continued, and workers rights remained restricted.
Impunity was pervasive and deeply embedded, as the government did not attempt
to punish, arrest, or prosecute officials who violated human rights. The regime
often sheltered those in its ranks who committed human rights abuses. Corruption
was rampant throughout the government, and the judiciary lacked independence.
According to reports from the United Nations, international media, and human
rights organizations, government-linked paramilitary groups engaged in
widespread violations and abuses, including perpetuating massacres, the use of
rape as a war tactic, kidnapping, and unlawful detention. Government forces and
affiliated militias, including Lebanese Hizballah, have repeatedly targeted
civilians, including in a May siege on al-Qusayr, the fall sieges on the Damascus
suburbs of East Ghouta and Moadamiya al-Sham, and the August 21 use of
chemical weapons on civilians. The UN Human Rights Council held an urgent
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debate to urge the regime to halt the assault on al-Qusayr and allow humanitarian
assistance to enter, but government forces continued their attack, regaining the city
on June 5 after launching large-scale artillery and air strikes.
Some armed extremist groups also engaged in abuses, including massacres,
bombings, and kidnapping; unlawful detention, torture, and summary execution of
security force members, government supporters, progovernment militia members,
minorities, religious figures, activists, journalists, and humanitarian aid workers;
and forced evacuations from homes based on sectarian identity.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary or Unlawful Deprivation of Life
During the year there were thousands of reports that the government and its agents
committed arbitrary or unlawful killings in relation to the civil war (see section
1.g.).
b. Disappearance
The number of forced disappearances remained high. The vast majority of
disappearances reported by activists, human rights observers, and international
NGOs appeared to be politically motivated. The regime targeted critics,
specifically medical personnel, anti-government protesters, their families, and
associates (see section 1.g.).
Amnesty International reported that the government provided no further
information neither on the thousands of individuals who disappeared since the start
of the conflict, nor the 17,000 that have disappeared since the 1970s. Human
rights groups estimates of the total number of disappearances since 2011 varied
widely. Lower-end estimates based on information from families and released
prisoners estimated 10,000, while high-end estimates claimed as many as 120,000.
Anti-government armed extremist groups conducted kidnappings, particularly in
the northern areas, targeting religious leaders, aid workers, suspected regime
affiliates, journalists, and activists. In April unknown gunmen kidnapped bishops
Bolous Yazigi and Yohanna Ibrahim while they were traveling to Aleppo; their
whereabouts and conditions remained unknown. In August, Father Paulo
DallOglio was kidnapped while visiting Raqqa. In December unknown armed
gunman kidnapped human rights activists Razan Zeitouneh, Wael Hamada, Samira
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Khalil, and Nazim Hamadi from the office of the Violations Documentation Center
in Douma. At years end there were no known developments in cases of
disappearances from prior years, including Abdel Aziz al-Khair, Abdel Aziz
Kamal al-Rihawi, Berazani Karro, Kamal Sheikho, and Yassin Ziadeh, among the
estimated thousands of disappearances noted by activists and media.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits such practices, and the penal code provides up to three years
imprisonment for violations. The UN Commission of Inquiry (COI) and local
NGOs nonetheless reported that government authorities continued to engage in
widespread, systematic torture throughout the year, both during interrogations and
to punish perceived opponents. Observers reported that most cases of torture or
mistreatment occurred in detention centers run by each of the four security service
branches. The COI concluded that deaths as a result of torture by government
forces increased over the year in facilities run by the Air Force, Political Security
Division, General Intelligence Division, Military Security, and at checkpoints.
Activists cited thousands of credible cases of security forces abusing and torturing
prisoners and detainees and maintained that many instances of abuse went
unreported. Some victims died from torture; others declined to allow their names
or details of their cases to be reported due to fear of government reprisal.
In September the Syrian Network for Human Rights (SNHR) reported 2,963
documented cases to date of death by torture by the government since the
beginning of the uprising in 2011, including 87 women and 27 children. The
report asserted that 95 percent of the victims were human rights activists,
protesters, and journalists. The NGO Human Rights Watch (HRW) reported the
government detained tens of thousands of protesters and activists, inflicting
beatings, electric shocks, rape, and other abuse. The organization identified 27
detention facilities across the country used to detain and torture government
opponents. The SNHR reported that the government operated at least 88 detention
centers nationwide, including in military facilities. Numerous NGOs asserted that
the practice of returning corpses to family members to announce their deaths
continued and that corpses exhibited signs of torture.
There were widespread reports that government security forces engaged in abuse
and inhuman treatment of prisoners. According to the COI, in the Military Police
headquarters in Latakia, government security officers beat, slapped repeatedly, and
kicked an opposition activist. Officers at Latakias Military Security Branch
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reportedly targeted and tortured children due to their familial relations, or assumed
relationships, with members of the Free Syrian Army (FSA) and activist groups.
The UN special representative for children and armed conflict reported that child
detainees, largely boys and as young as 14 years of age, suffered similar or
identical methods of torture as adults, including electric shock, beatings, stress
positions, threats, and acts of sexual assault. For example, a 16-year-old boy from
Kafr Nabl, Idlib governorate, reported witnessing the sexual assault and killing of
his 14-year-old friend while in detention. According to witnesses a number of
children continued to be held as ransom for parents and other relatives associated
with opposition fighters to force them to surrender to authorities.
The use of psychological torture also reportedly increased; one common practice
was detention of victims overnight in cells with corpses of previous victims. The
SNHR reported that psychological torture methods included forcing prisoners to
witness the rape of other prisoners, threatening family members (in particular
female family members) with rape, forced undressing, and insulting the prisoners
beliefs.
Although authorities held fewer women and girls in detention than men, the SNHR
estimated the number of female detainees in regime prisons to be nearly 6,500.
Additionally, in September the SNHR reported that regime forces had raped more
than 5,000 women since the start of the conflict. A June HRW report documented
interviews with 10 female detainees in regime prisons. Two of the women
reported regime officials raped them while in custody. One woman, Amal,
reported she was raped on two occasions, first at the Military Intelligence Branch
in Tartus in October 2012 and again by officers in the Military Intelligence Branch
235 in Damascus in November 2012.
Reports from multiple UN and NGO sources indicated that during the year the
number of cases of rape and other extreme sexual violence against women ranged
from the high hundreds to thousands. The COI found that the government and
affiliated militias perpetrated rape and other inhuman attacks against the civilian
population in a systematic manner in Dayr al-Zawr, Daraa, Hama, Damascus, and
Tartus provinces. Detention centers were the most common location for abuse.
The COI noted that interrogators told two women held at Mezzah and Branch 235
in Damascus their daughters would be raped if they did not confess. In several
interviews with the COI, former women prisoners reported seeing the rape of other
inmates and being forced to perform oral sex on interrogators. Attacks also
occurred during military raids and at checkpoints. These cases of mostly
government-sponsored violence included instances in which multiple attackers,
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Prison and detention center conditions remained harsh and generally life
threatening and did not meet international standards for health and sanitation. The
government prohibited independent monitoring of prison or detention center
conditions. Reports of mistreatment and abuse of prisoners were common. The
COI reported that observers most often cited detention centers and prisons as
locations for sexual violence and that authorities used the threat of rape as a tool to
coerce confessions.
Physical Conditions: The SNHR reported that since 2011, the government had
detained more than 215,000 individuals, including 9,000 under the age of 18 and
nearly 6,500 women. They reported that more than 35,000 were political
prisoners. Conditions in detention centers operated by various opposition groups
were unknown, but the COI and local NGOs transmitted accounts of arbitrary
detention, torture, and abuse.
Human rights groups reported that intelligence services operated at least 88
separate detention centers throughout the country. Reports from multiple
international NGO sources suggested that there were many informal detention sites
throughout the country and that the government held thousands of prisoners in
unknown locations. Authorities held juveniles and adults as well as pretrial
detainees and convicted prisoners together. The COI reported that children as
young as eight were imprisoned with adults. Prior to the March 2011 protests, the
government usually held pretrial detainees separately from convicted prisoners;
however, holding them together in inadequate spaces was commonplace during the
year.
Authorities used converted military bases, schools, hospitals, and other large,
public facilities as prisons in numerous cities. Activists asserted that the regime
also housed arrested protesters in factories and vacant warehouses that were
overcrowded and lacked adequate bathroom facilities. In some cases authorities
transferred detainees from these unofficial holding areas to facilities of the
intelligence services. According to local and international NGOs, the government
held prisoners and detainees in severely cramped quarters with little or no access to
restroom facilities, hygiene, medical supplies, or adequate food. Detention
conditions at security and intelligence service facilities continued to be the
harshest, especially for political or national security prisoners. Facilities lacked
proper ventilation, lighting, access to potable water or adequate food, medical staff
and equipment, and sufficient sleeping quarters.
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detainees. Prisoners officially charged with crimes had limited access to visitors.
The regime continued to detain thousands of prisoners without charge
incommunicado in unknown locations.
In areas where government control became weak or nonexistent, such as in part of
the north, localized corrections structures arose. In such scenarios there were
varied reports of control and oversight, including their administration by civilian
and religious leaders.
Independent Monitoring: During the year, the government prohibited independent
monitoring of prison or detention center conditions, and diplomatic and consular
officials had less access than in previous years. Some opposition forces have
invited the COI to visit their facilities and have allowed some international human
rights groups including HRW to visit them as well.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, although a decree issued
in April 2011 allows the government to detain suspects for up to 60 days without
charge if suspected of terrorism and other related offenses. Nevertheless,
arbitrary arrest and detention persisted and were significant problems. Arbitrary
arrests increased, according to local news sources, and several human rights
organizations reported detentions in the tens of thousands. HRW reported in June
that the regime used the July 2012 Counterterrorism Law to convict peaceful
activists on charges of aiding terrorists in trials that violated basic due process
rights. Although authorities brought charges under the guise of countering violent
militancy, allegations included peaceful acts such as distributing humanitarian aid,
participating in protests, and documenting human rights abuses, HRW reported.
Role of the Police and Security Apparatus
The governments security branches have traditionally operated autonomously
with no defined boundaries between their areas of jurisdiction. Military
Intelligence and Air Force Intelligence report to the Ministry of Defense, the
Political Security Directorate reports to the Ministry of Interior, and the General
Intelligence Directorate reports directly to the Office of the President. The Interior
Ministry controls the four separate divisions of police forces: emergency police,
traffic police, neighborhood police, and riot police.
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Multiple reports from local and international NGOs stated that the majority of
those detained could not contact their relatives or obtain a lawyer. Authorities
often released detainees without any formal judicial procedure.
More than half of the hundreds of detainees interviewed by HRW were arrested,
detained, questioned, and released after months of detention without seeing a judge
or being sentenced. Numerous media and human rights observers reported that in
September, the regime ordered detainees to be moved to military sites to serve as
human shields in anticipation of possible air strikes in response to the August 21
chemical weapons attack.
Pretrial Detention: Lengthy pretrial detention remained a serious problem.
Authorities had held incommunicado for years many detainees brought to trial. A
shortage of available courts and lack of legal provisions for speedy trial or plea
bargaining also contributed to lengthy pretrial detentions. There were numerous
instances in which the length of detention exceeded the sentence for the crime.
The SNHR reported more than 1,300 individuals remained incarcerated in an
Aleppo prison despite having completed their sentences.
Amnesty: On April 16, President Asad issued an amnesty freeing an unspecified
number of prisoners. Its conditions generally applied to criminal rather than
politically motivated actions. Critics dismissed the gesture as meaningless given
the thousands of political prisoners who remained in captivity.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, but courts were regularly
subject to political influence, and outcomes of cases with political context
appeared predetermined. An estimated 95 percent of regime judges were Baathists
or closely aligned with the Baath Party. According to several organizations,
women were underrepresented, as only 13 percent of judges before the start of
revolution were women. The SNHR suggested that few, if any, women
participated as judges in the security courts.
Trial Procedures
Defendants are presumed innocent. They have the right to be informed promptly
and in detail of the charges with interpretation as necessary, although this right was
not verifiably enforced, and a number of detainees families mentioned that their
family members did not know the charges against them. Trials are public, except
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for those involving juveniles or sexual offenses. There are no juries. Defendants
before civil and criminal courts are legally entitled to representation of their
choice; the courts appoint lawyers for indigents. Defendants and their attorneys
nominally have access to government-held evidence relevant to their cases.
Human rights lawyers noted, however, that in some politically charged cases, the
prosecution case files that defense lawyers could see did not include any evidence.
Defendants can present evidence and confront their accusers. Defendants cannot
legally be compelled to testify or confess guilt, but family members and NGOs
reported that torture or intimidation by judges and prosecutors sometimes elicited
false confessions. They may appeal verdicts to a provincial appeals court and
ultimately to the Court of Cassation.
Not all citizens enjoyed these rights equally, because parts of the family and
criminal law are based on interpretations of religious law and discriminate against
women. Some personal status laws used Islamic sharia law regardless of the
religion of those involved.
Additionally, news media and NGO reports suggested that the government denied
some, and in certain cases all, of these procedures to those accused of political
crimes or violence against the regime. Sentences for those accused of antigovernment activity tended to be harsh, with violent offenders and nonviolent
offenders punished similarly.
In opposition-controlled areas, legal or trial procedures were not systematic and
varied by locale. Local human rights organizations reported that localized
governing organizations assumed these responsibilities. There were reports from
HRW that civilians administered these processes, with various cases in which
religious leaders oversaw trial processes employing customary sharia law and, in
other cases, relied on national laws. Sentencing by opposition sharia councils in
some cases resulted in public executions, without an appeals process or visits by
family members. According to multiple reports, on June 10, the Aleppo Sharia
Committee of ISIL detained, tortured, and publically executed 14-year-old
Mohammad Kataa Salmu in front of his family and hundreds of bystanders for
alleged blasphemy. Additionally, according to local NGOs, the opposition sharia
councils discriminated against women, not allowing them to serve as judges or
lawyers, or to visit detainees.
Political Prisoners and Detainees
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Throughout the year the government detained critics and charged them with a wide
range of political crimes, including treason. The number of political prisoners and
detainees, both citizens and foreigners, was difficult to determine due to the lack of
official government information and because different security services, each of
which maintained its own incarceration facilities, held significant numbers of such
detainees. Authorities continued to refuse to divulge information regarding
numbers or names of persons in detention on political or security-related charges.
The government held political detainees for extended periods both in regular jails
and at least 88 known detention centers run by the security forces. Authorities held
them without charges or trials, and the government did not inform their families. If
tried, detainees appeared in criminal courts. The government did not grant
international organizations access to political prisoners.
HRW reported that the security courts continued to detain activists under the 2012
Counterterrorism Law, which was implemented following lifting of the Emergency
Law in 2011. The government established a Counterterrorism Court based in the
Ministry of Justice to apply the law. According to HRWs interviews with lawyers
representing political prisoners, the government has charged approximately 35,000
to 50,000 individuals with aiding terrorists after participating in protests,
distributing information, or providing humanitarian aid. Authorities held some of
the detainees in Adra Central prison in Damascus pending trial.
Local NGOs reported that the Islamic State of Iraq and the Levant (ISIL) detained
and harassed domestic human rights activists, humanitarian aid workers, and some
religious figures. The COI reported that in Raqqa, ISIL detained hundreds of
prisoners, including women and community activists who opposed ISIL. The COI
also reported that Jabhat al-Nusra detained a doctor in Aleppo in April, after he
refused to allow them to display their flag over the hospital.
Civil Judicial Procedures and Remedies
Government civil remedies for human rights violations continued to be
functionally nonexistent. Opposition groups had not organized consistent civil
judicial procedures.
Property Restitution
Security forces continued routinely to seize detainees property and personal items.
Following the beginning of civil unrest, confiscation of personal telephones,
computers, and electronics by the authorities increased sharply. Security forces did
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not catalogue these items in accordance with the law, and although detained
individuals had the right to retrieve their confiscated belongings after release,
authorities often did not return the property. According to media reports,
government forces also seized property left by refugees or the internally displaced.
Specific cases continued to be too frequent to track.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, but they occurred routinely. Police frequently
bypassed the search warrant normally required in criminal cases by citing security
reasons or emergency grounds for entry into private property. Random home raids
continued to occur in the large cities or towns of most governorates, usually
following large anti-government protests and increased opposition attacks against
government targets.
The government continued to open mail addressed to both citizens and foreign
residents and routinely monitored internet communications, including e-mail (see
section 2.a.). Local human rights groups blamed government personnel for
instances where malware infected activists computers. Domestic opposition
groups also claimed the government employed hundreds of computer specialists to
tap detainees e-mail, Twitter, and Facebook accounts to seek contact lists for
further targets.
The government continued to bar membership in some political organizations,
including Islamist parties, and often arrested their members. The government
tolerated other illegal political parties (see section 3).
g. Use of Excessive Force and Other Abuses in Internal Conflicts
Both the government and opposition groups escalated their use of force during the
year. The UN secretary-general reported that more than 100,000 persons had been
killed since the start of the 2011 protests.
Killings: The rate of deliberate killings by the regime increased throughout the
year, as did the regimes use of lethal tactics. The government reportedly
specifically targeted members of opposition groups and communities presumed to
be sheltering them, human rights organizations, journalists, activists, artists, and
pro-opposition scholars. The government also escalated its use of indiscriminate
force, killing a high percentage of civilians, including children, in attacks on
opposition targets. In August the SNHR released a report documenting 131
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instances in which the government fired SCUD missiles into populated areas
between March and August, killing at least 257 civilians. The regime continued its
use of helicopters and airplanes to conduct aerial bombardment and shelling.
Throughout the country progovernment rooftop snipers continued to target
individuals in streets, including civilians going about their daily lives as well as
those affiliated with the opposition. According to the SNHR, every two hours
during the year a child was killed and every three hours a woman was killed as a
result of the conflict. The Oxford Research Group released a report in November
finding that over 11,000 children under the age of 18 have been killed as a result of
the conflict. Government forces also used rape as a war tactic, specifically during
house raids and at checkpoints. The government continued to target individuals
with previous ties to foreign governments who favored the opposition and
extended targeting to include family members and close associates of those
individuals.
The COI concluded that the violations and abuses committed by opposition armed
groups did not reach the intensity and scale of those committed by government
forces and affiliated militia. In 2012 several opposition commanders and brigades
drafted and endorsed various codes of conduct in an effort to curb violations and
killings; however, adherence to such standards was uneven.
On August 21, the regime used artillery and chemical weapons in an attack against
the Ghouta area east of Damascus, resulting in the deaths of 1,429 persons,
including children. The UN team charged with investigating the use of chemical
weapons in the country confirmed that, based on site visits; interviews with
victims; and chemical, environmental, and medical samples, chemical weapons
had been used on a relatively large scale in the August 21 attacks. Doctors
Without Borders reported treating several thousand patients bearing symptoms of
exposure to nerve agents in the hours following the attack. Local activists, NGOs,
and foreign governments alleged the regime committed the attacks, which the
regime denied.
Various reports, including statements by member states of the UN Human Rights
Council and the COI, alleged that the government and progovernment militias,
including members of Lebanese Hizballah, committed massacres in Banyas, Tartus
governorate, in early May. The SNHR reported over 458 victims, including 93
children, were killed. The United Nations reported government forces shelled and
then invaded Sanamayn in Daraa governorate in April, targeting and killing
civilians during the attack.
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Journalists and media activists were also targeted and killed. Observers offered a
range of estimates for the number of journalists killed since 2011; in December
Reporters Without Borders reported 110 journalists have been killed, while the
Committee to Protect Journalists reported 57 journalists killed since 2011. Local
NGOs reported that regime and opposition extremist forces killed, tortured, and
detained many more media activists. All sides targeted and killed humanitarian aid
workers and medical professionals, although the regime perpetrated the majority of
such targeted killings.
Opposition forces increased their killing of regime forces, suspected regime
supporters, and minority communities through large-scale attacks and use of
snipers during the year. According to HRW in August, opposition groups killed
190 civilians, including 57 women and 18 children during an assault on Alawite
villages near Latakia. Targeted killings within the opposition also occurred during
the year. In July, ISIL assassinated Free Syrian Army commander Kamal
Hamami. According to the COI, opposition forces endangered the civilian
population by positioning military objects in civilian areas and facilities.
Press reports and videos from the country reported the deliberate killing of
unarmed prisoners, including government soldiers, by the opposition. In some
cases informal courts tried prisoners in an irregular fashion, such as facing a sharia
council prior to execution, according to reports from international NGOs and the
COI. According to the COI and press reports, in May in Dayr al-Zawr, a known
Jabhat al-Nusra leader executed 11 men. The men were shot in the back of the
head while blindfolded with their hands tied. The executioner claimed to be
carrying out the sentence by the Sharia Court for the Eastern Region in Dayr alZawr. The COI concluded that a series of opposition court trials in Raqqa and
Daraa had sectarian dimensions, as the courts consistently found Alawite
prisoners guilty and executed them, but released or imprisoned non-Alawites.
The United Nations reported several instances of violence, including killings of
Palestinian refugees living in camps within Syria. In October, according to the UN
Relief and Works Agency, seven Palestinian refugees were killed and 15 wounded
in the Daraa camp as intensified fighting spilled into the camp area. The COI
reported that opposition forces killed two Palestinians and hung them in the public
square of the Yarmouk camp in Damascus after opposition members accused them
of being government collaborators.
Abductions: The COI reported government forces and affiliated militia perpetrated
forced disappearances at checkpoints throughout the country, including in Shin,
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Libel Laws/National Security: The government arbitrarily enforced the media law
issued in August 2011. According to the law, journalists could not be imprisoned
for practicing their profession and could only be fined. Nevertheless, the regime
continued to detain and arrest journalists who printed material in opposition to the
regime.
Internet Freedom
The government controlled and restricted the internet and monitored e-mail and
internet chat rooms. Individuals and groups could not engage in the expression of
views via the internet, including by e-mail, without prospect of punishment. The
government applied the media law, as well as the general legal code, to regulate
internet use and prosecute users.
The government often monitored internet communications, including e-mail, and
interfered with and blocked internet service in various cities. On May 7 and 8, the
country experienced a near total blackout of internet service. The government
claimed the blackout was a technical error, although internet security experts
asserted the government had intentionally cut service. The security branches were
largely responsible for restricting internet freedom and access; blackouts coincided
with security force attacks. The government did not attempt to restrict the security
branches monitoring and censoring of the internet. Internet blackouts often
occurred on Fridays to coincide with the usual timing of anti-government protests.
Freedom House reported that the telecommunications infrastructure was badly
damaged in at least seven major provinces and cities, in part due to government
shelling in Homs, Daraa, and Aleppo governorates. As a result many areas no
longer have internet access. Some towns in opposition-held areas have limited
internet access via satellite connections.
Government authorities routinely tortured and beat journalists to extract passwords
for social media sites, and the online progovernment Syrian Electronic Army
(SEA) frequently hacked websites to post proregime material. In addition to
hacking and surveillance, observers also implicated the government in multiple
instances of planting malware to target human rights activists, opposition
members, and journalists. Reports suggested that the government was associated
with and provided support to the SEA. In March the SEA hacked the website and
Twitter account of HRW, redirecting visitors to the SEA homepage. Multiple
press reports implicated the SEA in hacking attacks that targeted international
media outlets including the Associated Press, New York Times, Washington Post,
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and National Public Radio, as well as the online satirical site The Onion. In April
hackers falsely reported an attack on the White House in the Associated Press
Twitter account. Observers also accused the SEA of slowing internet access to
force self-censorship on government critics and diverting e-mail traffic to
government servers for surveillance.
The government censored websites related to the opposition, including the
websites for the Local Coordination Committees as well as media outlets.
In 2011 the government lifted bans on Facebook and YouTube; however, human
rights observers reported that the government, via the SEA, attempted to impede
the external flow of information on government violence, particularly YouTube
images of protesters being beaten, arrested, and killed. In 2011 the government
banned the use or import of iPhones, which had been used by citizens to document
and share evidence of violence surrounding the protests. Meanwhile, the
government expanded its efforts to use social media, such as Instagram, Twitter,
and Facebook, to spread proregime propaganda. Activists reported that authorities
forced them to provide the passwords to their e-mail and social media accounts,
and government supporters attacked their websites. Opposition members and
independent reports indicated that the government interrupted internet and mobile
communications on a regional basis during key moments of unrest.
Reporters Without Borders estimated that 22.5 percent of the population had
internet access.
Academic Freedom and Cultural Events
The government restricted academic freedom and cultural events. Teachers
generally were not permitted to express ideas contrary to government policy. The
Ministry of Culture restricted and banned the screening of certain films. The
government also intentionally targeted academic institutions. In June the
government bombed the University of Aleppo, killing at least 80 civilians.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution provides for the right of assembly, but the government continued
to restrict freedom of assembly even after the 2011 repeal of the Emergency Law.
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Decree No. 110 issued in 2011 grants the government broad powers over freedom
of assembly.
The Ministry of Interior requires permission for demonstrations or any public
gathering of more than three persons. The ministry disapproved all requests from
nongovernment-affiliated groups. As a rule the ministry only authorized
demonstrations by the government, government-affiliated groups, or the Baath
Party, orchestrating them on numerous occasions. The government continued to
use excessive force against peaceful demonstrators.
Peaceful protests continued throughout the year against the regime as well as in
opposition-held areas against new extremist entities. In opposition-held areas,
extremist opposition groups targeted activists, protesters, documentation groups,
and media groups for detention, hostage taking, harassment, and killing.
Freedom of Association
The constitution permits private associations but also grants the government the
right to limit their activities. The government restricted freedom of association,
requiring prior registration and approval for private associations. The government
restricted the activities of associations and their members, and the executive boards
of professional associations were not independent.
The government often denied requests for registration or failed to act on them,
reportedly on political grounds. None of the local human rights organizations
operated with a license, but many functioned under organizations that had requisite
government registration. The government continued to block the multiyear effort
by journalists to form a regional Arab media association. The government
selectively enforced the August 2011 decree allowing the establishment of
independent political parties, and the government allowed only proregime groups
to form official parties (see section 3). According to local human rights groups,
opposition activists declined to organize parties, fearing that the regime would use
party lists to target opposition members.
Under the authority of laws that criminalize membership and activity in
organizations that the government deems illegal, security forces detained hundreds
of persons linked to local human rights groups and prodemocracy student groups.
The regime also searched these individuals personal and social media contacts for
further potential targets.
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c. Freedom of Religion
See the Department of States International Religious Freedom Report
at www.state.gov/j/drl/irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The constitution provides for freedom of movement within the territories of the
state unless restricted by a judicial decision or by the implementation of laws.
Relative freedom of movement varied by region and by individual, as throughout
the year there was continuous fighting in many areas. Freedom of movement for
government supporters or assumed supporters (especially the Alawi and Shia
populations), however, was highly restricted in rebel-held areas. Overall, both the
regime and the opposition highly discouraged internal movement and travel. The
violence, coupled with significant cultural pressure, led to severely restricted
freedom of movement for women in many areas. Additionally, the law allows
certain male relatives to place travel bans on women (see section 6, Women).
The government generally did not cooperate with the UNHCR and other
humanitarian organizations in assisting refugees and asylum seekers. The
government provided some cooperation to the UN Relief and Works Agency for
Palestine Refugees in the Near East.
In-country Movement: The government relied on security checkpoints and
expanded them into civilian areas. The government also barred foreign diplomats
from visiting most parts of the country and rarely granted them permission to travel
outside Damascus. The consistent high level and unpredictability of violence
severely restricted movement throughout the country. Opposition groups also
controlled checkpoints.
Foreign Travel: Citizens have the legal right to travel internationally; however, the
government continued its exit visa requirements and routinely closed the
Damascus airport and border crossings, ostensibly due to violence. Additionally,
the government often banned travel by human rights or civil society activists, their
families, and affiliates. Many citizens learned of the ban against their travel only
when authorities prevented them from departing the country. The government
usually applied travel bans without explanation for their basis or duration,
including cases when individuals needed to travel for health reasons. The
government comprehensively banned international travel of oppositionists and
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often targeted any members of these groups who attempted to travel. Local media
and human rights groups repeatedly stated opposition activists and their families
hesitated to attempt to leave the country, fearing they would be attacked at airports
and border crossings.
Women over 18 years old have the legal right to travel without the permission of
male relatives, but a husband may file a request with the Interior Ministry to
prohibit his wife from departing the country.
Emigration and Repatriation: The government prosecuted both persons who
unsuccessfully sought asylum in other countries and those who had past
connections with the Muslim Brotherhood upon their return to the country. The
law provides for the prosecution of any person who attempts to seek refuge in
another country to escape a penalty in Syria. The government routinely arrested
dissidents and former citizens with no known political affiliation who attempted to
return to the country after years or even decades in self-imposed exile. Many
emigrants who did not complete mandatory military service could pay a fee to
avoid conscription while visiting the country, but this option tended to vary by
ethnicity and socioeconomic status. Wealthy Alawi and Shia were the most able to
avoid military service. Persons of Syrian origin who were born in a foreign
country but were able to demonstrate service in the army of the country of birth
were exempt from military service without payment.
Internally Displaced Persons (IDPs)
At the end of the year, the United Nations estimated there were more than 6.5
million IDPs in the country. The figures on the IDP population varied widely since
many areas were inaccessible, and actual figures may have been higher.
Displacement increased dramatically during the year and became more sustained
as violence intensified. UN humanitarian officials reported that most IDPs sought
shelter in private homes, schools, and other overcrowded public buildings, many
with inadequate sanitation and irregular delivery of relief supplies. The Syrian
Arab Red Crescent (SARC) functioned as the main partner for many major
international humanitarian organizations working inside the country to provide
humanitarian assistance in both government- and opposition-controlled areas.
Access difficulties, including both government and opposition interference in
assistance flows, hindered the delivery of aid to persons in need. The SARC and
UN agencies sought to increase the flow of assistance to opposition-held areas to
meet pressing humanitarian needs. The government routinely disrupted the supply
of humanitarian aid to rebel-held areas, particularly medical assistance.
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UN agencies also reported that opposition forces interfered with the provision of
humanitarian assistance in some regime-held areas.
International organizations such as the World Food Program and International
Federation of the Red Cross and Red Crescent Societies attempted to continue
providing food and medical assistance, but the regime and the opposition actively
resisted this assistance in many cases. In July the International Committee of the
Red Cross abandoned its efforts to secure humanitarian access to the besieged city
of Homs after more than 20 days of failed negotiations with the regime.
There were no government resettlement efforts for IDPs.
Protection of Refugees
Access to Asylum: The law provides for the granting of asylum or refugee status,
and the government has established a system for providing protection to refugees.
The UNHCR was able to maintain the protection space granted to refugees and
asylum seekers, although access to vulnerable populations was sometimes
hampered due to the violence. With the assistance of the SARC, it continued to
provide them with essential services and assistance.
Refoulement: As of June the government had forcibly returned at least 12 refugees
to their countries of origin, where their lives or freedom may have been threatened.
Refugee Abuse: Incidents of refugee abuse occurred, including detentions of
refugees and refugee children. Some refugee populations reported fear of abuse by
participants in the ongoing civil war due to nationality or religion. Additionally,
both government and opposition forces sealed off Palestinian refugee camps
throughout the country using siege tactics, leading to severe malnutrition, lack of
access to medical care, and blocking of humanitarian access.
The COI reported that in Syrian refugee camps outside the country, women and
girls were vulnerable to sexual exploitation, forced marriage, and trafficking.
There were increasing incidents of domestic violence.
Employment: The law does not explicitly permit refugees, except for Palestinians,
the right to work. The government rarely granted refugees a work permit;
however, many refugees found work in the informal sector as guards, construction
workers, street vendors, and in other manual jobs.
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The UNHCR and other partners reported that less than 20 percent of persons of
concern (approximately 45,000 registered refugees) were earning at least the
minimum wage for six months of the year. In particular, Iraqi refugees in Syria
worked largely from their homes or in the gray economy due to the increase in
violence.
Access to Basic Services: The law allows for the issuance of identity cards to
Palestinian refugees and the same access to basic services provided to citizens.
The government also allowed Iraqi refugees access to publicly available services,
such as health care and education.
Stateless Persons
Children derive citizenship solely from the father, living or deceased. Following
the 1962 census, approximately 150,000 Kurds lost their citizenship. The singleday census in 1962 was ordained by legislative decree and executed unannounced
to the inhabitants of al-Hassake province. Government justification for this
measure was to identify Kurds who had entered the country since 1945. Anyone
who was not registered for any reason or did not have all the required paperwork
became foreign from that day, and anyone who refused to participate was
recorded as undocumented. As a result of this loss of citizenship, these Kurds
and their descendants lacked identity cards and therefore were unable to access
government services, including health care and education. They also faced social
and economic discrimination. Furthermore, stateless Kurds do not have the right
to inherit or bequeath assets, and their lack of citizenship or identity documents
restricted their travel to and from the country.
In 2011 President Asad issued Decree No. 49, declaring that stateless Kurds in alHassake province registered as foreigners could apply for citizenship. The
UNHCR reported that an unknown number of stateless Kurds eligible under the
decree received citizenship documentation. The decree, however, did not extend to
the approximately 160,000 unregistered stateless Kurds, who remained without a
national identity. The change from 150,000 to 160,000 reflected an approximate
increase in population since the 1962 census.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their
Government
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Although the constitution provides the right for citizens to change their
government peacefully through elections, they did not have that right because
elections were neither free nor fair.
Elections and Political Participation
Recent Elections: Following the February 2012 ratification of a new constitution,
President Asad signed Presidential Decree No. 113, setting parliamentary elections
for May 2012. Simultaneously, regime forces began extensive military action
against opposition-held areas in the northwest of the country. While the May
election was the first held under the regimes new electoral guidelines for political
plurality, the high level of violence on election day resulted in dramatically lower
voter turnout than the regimes claimed 85 percent participation. Many
opposition-held areas protested the elections and refused to participate. Local
human rights organizations stated that these elections served to re-assert the
primacy and political monopoly on power of President Asad and the Baath Party,
despite new regulations allowing for a plurality of parties.
The only opposition group that chose to participate actively was the Popular Front
for Change and Liberation, which won five seats in the 250-seat parliament. The
group alleged the low level of opposition turnout proved voter fraud by the regime.
Voting had to be repeated at several polling places throughout the country, due to
unspecified election law violations. Western observers and the United Nations
released statements declaring the elections were not free or fair.
Political Parties: The president and the Baath Party continued to suppress political
opposition. The constitution provides that the Baath Party is the ruling party and
assures that it has a majority in all government and popular associations, such as
workers and womens groups. The Baath Party dominated the 250-member
Peoples Council, holding 168 of the 250 parliament seats following the 2012
election. The Baath Party and nine other smaller satellite political parties
constitute the coalition National Progressive Front. Decree No. 100, issued in
2011, allows establishment of additional political parties, although it forbids those
based on religion, tribal affiliation, or regional interests.
Membership in the Baath Party or close familial relations with a prominent party
member or powerful government official assisted in economic, social, and
educational advancement. Party or government connections made it easier to gain
admission into better schools, access lucrative employment, and achieve greater
advancement and power within the government, military, and security services.
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interfere with the allegedly independent judiciary. The government often sought
members of these organizations for harassment, detention, arrest, torture, and
execution.
The government was highly suspicious of international human rights NGOs and
did not allow them into the country. Reports and media interviews with regime
officials indicated that the government denied it committed any human rights
abuses. It denied other organizations access to several locations where government
agents were launching assaults on anti-government protesters. The government
also actively restricted the activities of humanitarian aid organizations, especially
along supply routes and access points near opposition-controlled areas.
UN and Other International Bodies: The government continued to deny access to
the UN Commission of Inquiry, which is mandated by the UN Human Rights
Council to document and report on human rights violations and abuses in Syria.
As in past years, the government did not cooperate with numerous UN bodies,
including the UNHCR, resulting in restrictions on access for humanitarian
organizations, especially to opposition-controlled areas. The government also
rejected UN requests to supply independent monitors for the parliamentary
elections.
Following the August 21 chemical weapon attacks near Damascus, the joint
mission of the Organization for the Prohibition of Chemical Weapons (OPCW) and
UN weapons inspection team led by Ake Sellstrom visited affected sites inside
Syria and concluded that there was clear and convincing evidence that surface-tosurface rockets containing the nerve agent sarin were used in Ein Tarma,
Moadamiya al-Sham, and Zamalka, in the Ghouta area of Damascus. Sellstroms
team was established by the UN secretary-general in March and was assisted by
experts from the World Health Organization and the OPCW. In September the
joint OPCW and UN team entered the country to verify the destruction of the
governments weapons stockpiles in government-declared sites. In November the
OPCW approved a chemical weapons destruction plan to ensure the chemical
weapons would be transported outside its territory to ensure their destruction in the
safest and soonest manner, and no later than June 30, 2014.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal rights and equal opportunity for all citizens and
prohibits discrimination based on race, gender, disability, language, or social
status. The constitution does not address sexual orientation or gender identity.
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The government did not enforce the law effectively or make any serious attempt to
do so. Women faced widespread violence, discrimination, and significant
restrictions on their rights.
Women
Rape and Domestic Violence: Rape is a felony, but the government did not
effectively enforce existing rape laws. The COI reported that rape was widespread
and government and proregime forces used rape to terrorize and punish women,
men, and children perceived as associated with the opposition. The COI concluded
that underreporting and delayed reporting of sexual violence was endemic, making
an assessment of its magnitude difficult.
According to the law, rape is considered to occur when a man forces a woman
who is not his wife to have intercourse and is subject to punishment of at least 15
years in prison. The law further stipulates that the rapist faces no punishment if he
marries the victim. The victims family sometimes agrees to this arrangement to
avoid the social stigma attached to rape. There are no laws against spousal rape.
The magnitude of sexual violence was unknown. Observers of the refugee crisis
reported that women, men, and community leaders consistently identified sexual
violence as a primary reason their families fled the country.
The law does not specifically prohibit domestic violence, and violence against
women was extensive and went unpunished. The vast majority of domestic
violence and sexual assault cases were not reported. Victims traditionally have
been reluctant to seek assistance outside the family for fear of social
stigmatization. Security forces consistently treated violence against women as a
social rather than a criminal manner. Observers reported that when some abused
women tried to file a police report, police did not investigate their reports
thoroughly, if at all, and in other cases police officers responded by abusing the
women, including by sexual harassment, verbal abuse, hair pulling, and slapping.
The Sisters of the Good Shepherd in Damascus operated a 24-hour emergency
shelter and telephone hotline for female victims of domestic violence, although
they reported that police were less helpful in referring women to the shelter as
general violence increased. Additionally, the Association for Womens Role
Development, Oasis of Hope, and the Syrian Family Planning Association
provided family and psychological counseling to battered women in Damascus.
There were no known government-run services for women available outside
Damascus. According to local human rights organizations, the Local Coordination
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Child Abuse: The country lacked a formal law protecting children from abuse.
There were reports, usually associated with anti-government protests, of
government forces sexually assaulting, torturing, detaining, and killing children,
(see section 1.a., 1. b., l.c.). HRW reported that government teachers and
principals interrogated and in some cases beat students who expressed antigovernment sentiments. Save the Children cited a Turkish university study that
found that one in three children had been hit, kicked, or shot. Additionally, the
United Nations, HRW, and local news sources reported the government used
children as human shields.
Forced and Early Marriage: The legal age for marriage is 18 for males and 17 for
females. A male 15 years old or older and a female 13 years old or older, however,
may be married if a judge deems both to be willing parties to the marriage, both are
physically mature, and the fathers or grandfathers of both parties consent.
Although underage marriage declined considerably in the past decades, it was
common and occurred in all communities, albeit in greater numbers in rural and
less developed regions. Media and NGOs reported that early marriage, particularly
among girls, was on the rise among Syrian refugee populations.
Sexual Exploitation of Children: The penal code stipulates penalties for those
found guilty of certain forms of child abuse associated with trafficking crimes,
namely kidnapping and forced prostitution, both of which carry a penalty of up to
three years in prison. Rape of a child under the age of 15 is punishable by up to 21
years in prison. There were no reports of government prosecution of child rape
cases, and there were reports of government forces raping children under 18.
Media and NGOs claimed that sexual exploitation of girls under the age of 15
increased during the year. In refugee communities some families reportedly
prostituted young women and girls. There were also reports that local government
officials and aid workers exploited women and girls in refugee camps.
The age of sexual consent, in accord with article 491, is 15 years old. Premarital
sex is technically illegal, but observers reported that the law was not enforced.
The law considers child pornography a trafficking crime, but the penalties for child
pornography are unknown. Additionally, it is unclear if there have been any
prosecutions for child pornography or whether the law was enforced.
International Child Abductions: The country is not a party to the 1980 Hague
Convention on the Civil Aspects of International Child Abduction.
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Anti-Semitism
According to a September press report in the Jerusalem Post, approximately 50
Jews remained in the country. In April government and opposition forces accused
each other of burning and looting the Jobar synagogue in Damascus, one of the
worlds oldest. The national school curriculum did not include materials on
tolerance education or the Holocaust.
Trafficking in Persons
See the Department of States Trafficking in Persons Report
at www.state.gov/j/tip/.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities and seeks to
integrate them into the public sector workforce, but the government did not
effectively enforce these provisions. The law protects persons with disabilities
from discrimination in education, access to health care, or provision of other state
services, and it reserves 4 percent of government sector jobs and 2 percent of
private-sector jobs for persons with disabilities. The law did not specifically
restrict the rights of persons with disabilities regarding access to air travel and
other transportation. Private businesses are eligible for tax exemptions after hiring
persons with disabilities. The law does not address specific disabilities.
The numbers of persons with disabilities was not fully documented, but the conflict
has negatively affected persons with disabilities. The SNHR reported the deaths of
hundreds of Syrians seeking emergency medical care because of pre-existing
health conditions who could not access medical facilities due to checkpoints. In
other instances regime blockades of medical supplies to opposition-held areas
prevented persons with disabilities from seeking appropriate treatment.
The government did not effectively implement access for persons with disabilities
to buildings, communication, or information. Children with disabilities attended
primary and secondary school in addition to seeking higher education.
The Ministry of Social Affairs and Labor is responsible for assisting persons with
disabilities and worked through dedicated charities and organizations to provide
assistance.
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National/Racial/Ethnic Minorities
As in previous years, the government actively restricted national and ethnic
minorities from conducting traditional, religious, and cultural activities. The
Kurdish population, citizens and noncitizens, faced official and societal
discrimination and repression as well as government-sponsored violence.
Government forces arrested, detained, and reportedly tortured numerous Kurdish
activists during the year.
The government continued to limit the use and teaching of the Kurdish language.
It also restricted publication of books and other materials in Kurdish, Kurdish
cultural expression, and at times the celebration of Kurdish festivals. Authorities
continued enforcement of a 2009 government rule requiring that at least 60 percent
of the words on signs in shops and restaurants be in Arabic.
Clashes between Kurdish groups and armed opposition groups, particularly
extremists groups like Jabhat al-Nusra and ISIL, intensified during the year. In
addition to killings, extremist groups and Kurdish groups engaged in reciprocal
kidnappings.
The Alawite community, of which Bashar Asad is a member, enjoys privileged
status in numerous government postings and dominates the state security
apparatus. Nevertheless, the regime also targeted Alawite opposition activists for
arbitrary arrests, detention, and killing. Extremist opposition groups targeted
Alawite communities on several occasions for their perceived proregime stance,
most notably, as reported by HRW, in an August 4 massacre in Latakia province
perpetrated by Jabhat al-Nusra, ISIL, Ahrar al-Sham, and other Islamist factions.
HRW reported that 67 persons were killed unlawfully and 200 taken as hostages.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity
The penal code prohibits homosexual relations, defined as carnal relations against
the order of nature, and provides for at least three years of imprisonment.
Specifically, the law criminalizes any sexual act that is contrary to nature. In
previous years police used this charge to prosecute lesbian, gay, bisexual, and
transgender (LGBT) individuals. There were no reports of prosecutions under the
law during the year; however, reports indicated that the government arrested
dozens of gay men and lesbians over the past several years on charges such as
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abusing social values; selling, buying, or consuming illegal drugs; and organizing
and promoting obscene parties.
Although there were no known domestic NGOs focused on LGBT matters, there
were several online networking communities, including an online LGBT-oriented
magazine. Human rights activists reported that there was overt societal
discrimination based on sexual orientation and gender identity in all aspects of
society. There were also reports of extremist groups threatening LGBT activists.
Local media reported numerous instances in which security forces used
accusations of homosexuality as excuses to detain, arrest, and torture civilians.
The number of these instances was difficult to determine as police rarely reported
their rationale for arrests. Furthermore, social stigma prevented many victims of
such abuse from coming forward, even when accusations were false.
Other Societal Violence or Discrimination
There were no reports of violence or discrimination against persons with
HIV/AIDS, but human rights activists believed that such cases were widely
underreported.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right to form and join unions, conduct legal strikes, and
bargain collectively; however, there were excessive restrictions on these rights.
The law prohibits antiunion discrimination, but the law also allows employers to
fire workers at will.
The law restricts these rights, including by requiring all unions to belong to the
General Federation of Trade Unions (GFTU). Restrictions on freedom of
association also included fines and prison sentences for illegal strikes, and the
government could impose forced labor as punishment to individuals who caused
prejudice to the general production plan. The law prohibits strikes involving
more than 20 workers in certain sectors, including transportation and
telecommunication, or strike actions resembling public demonstrations.
Additionally, the law requires government representatives to be part of the
bargaining process in the public sector, and the Ministry of Social Affairs and
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Labor could object to, and refuse to register, any concluded agreements. The labor
code and relevant protections did not apply to workers covered under the Civil
Service Law, under which employees neither have nor are deemed to need
collective bargaining rights, nor does it apply to domestic servants, agricultural
workers, NGO employees, or informal sector workers. There are no legal
protections for self-employed workers, although they composed at least 55 percent
of the total workforce. Foreign workers may join the syndicate representing their
profession; however, they may not run for elected positions, with the exception of
Palestinians, who may serve as elected officials in unions.
The government did not enforce applicable laws effectively or make any serious
attempt to do so during the year.
The Baath Party dominated the GFTU, and Baath Party doctrine stipulated that its
quasi-official constituent unions were designated to protect worker rights. The
GFTU president was a senior member of the Baath Party, and he and his deputy
could attend cabinet meetings on economic affairs. In previous years the GFTU
controlled most aspects of union activity, including which sectors or industries
could have unions. It also had the power to disband union governing bodies.
Union elections were generally free of direct GFTU interference, but successful
campaigns usually required membership in the Baath Party. Because of the
GFTUs close ties to the government, the right to bargain collectively did not exist
in practical terms. Although the law provides for collective bargaining in the
private sector, past government repression dissuaded most workers from exercising
this right.
There was little information available on employer practices with regard to
antiunion discrimination. Unrest and economic decline during the year caused
many workers to lose their private sector jobs, giving employers the stronger hand
in disputes.
b. Prohibition of Forced or Compulsory Labor
The law does not prohibit all forms of forced or compulsory labor, and such
practices existed. There was little information available on government efforts to
enforce relevant laws during the year. Reports indicated women who came to the
country as domestic workers were subject to conditions indicative of forced labor,
including restrictions on movement and communication, passport withholding, and
emotional and physical abuse.
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more than five consecutive hours or 10 hours per day in total. Employers must
provide premium pay for overtime work.
The government set occupational safety and health standards. The labor code
includes provisions mandating that employers take appropriate precautions to
protect workers from hazards inherent to the nature of work.
The Ministry of Social Affairs and Labor is responsible for enforcing the minimum
wage and other regulations pertaining to acceptable conditions of work. It did not
effectively enforce standards. The Ministries of Health and Social Affairs and
Labor designated officials to inspect worksites for compliance with health and
safety standards. Workers could lodge complaints about health and safety
conditions with special committees established to adjudicate such cases. Wage and
hour regulations as well as occupational health and safety rules, however, do not
apply to migrant workers, rendering them more vulnerable to abuse.
There was little information on government enforcement of labor laws or working
conditions during the year. There were no health and safety inspections reported,
and even previously routine inspections of tourist facilities such as hotels and
major restaurants no longer occurred. The enforcement of labor laws was lax in
both rural and urban areas, as many inspector positions were vacant due to the
ongoing violence.
Foreign workers remained vulnerable to exploitative conditions, especially
domestic workers. The ongoing violence affected some foreign workers; some of
these workers found it difficult to leave the country. The Ministry of Social
Affairs and Labor is in charge of regulating employment agencies responsible for
providing safe working conditions for migrant domestic workers, but the scope of
oversight was unknown. In large cities Asian domestic workers sometimes
overstayed their visas and continued to work in the country for years. The
continued unrest resulted in the large-scale departure of foreign workers as demand
for services declined.