Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Yemen (Ratification: 2000)

The Committee notes the Government’s report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the creation of the Child Labour Unit attached to the Ministry of Social Affairs and Labour and set up by virtue of Ministerial Order No. 28 of 2000. It had also taken note of the composition of this Child Labour Unit and of the activities it carried out from 2002 to 2005 with regard to child labour. The Committee notes the Government’s information that the National Conference for Childhood and Young persons, held from 19 to 22 February 2006, adopted a strategy for childhood and young persons. This strategy highlights the efforts deployed for the abolition of child labour, for the prohibition of employment of children under the age of 18 in dangerous work and for the rights of children to education, health and family ties. It also includes the development of a comprehensive monitoring system for child labour, elaborated in collaboration with non-governmental organizations, civil society organizations and ILO/IPEC. The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, as well as information on the results obtained.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee had noted the exemptions to the application of the Labour Code provided for in sections 3(2) and 53. It had then noted the Government’s indication that regulations identifying tasks from which the employment of children under 18 is prohibited were promulgated by virtue of a Ministerial Order of 2004 and that these regulations apply to all employers, including employers of family enterprises. Section 5 of these regulations states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee had also noted the Government’s information that the current exemptions in the Labour Code would be amended in the amendments to the Labour Code and the Child Rights Law and that categories excluded from its scope of application were taken into account when preparing the draft amendments to the Labour Code. The Committee notes the Government’s information that a workshop will be organized to discuss such amendments with the governorates of Yemen with the participation of social partners. Noting the absence of information with regard to the Ministerial Order of 2004, the Committee once again requests the Government to provide a copy of it along with its next report. The Committee also reiterates its request that the Government provide information on any relevant impact of the enforcement of the regulations of 2004 on reducing the number of children under 15 working: (a) as self-employed workers; (b) in family enterprises; (c) as casual workers; (d) as household servants; and (e) in agricultural and pastoral work. Furthermore, the Committee urges the Government to renew its efforts to ensure the adoption of the amendments to the Labour Code and requests the Government to provide information on any new development in this regard, in particular concerning the categories formerly excluded from the scope of application of the Labour Code by virtue of sections 3(2) and 53.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously asked the Government to indicate whether section 5 of the regulations issued by virtue of the Ministerial Order of 2004, which sets the general minimum age for employment or work at 15 years, repeals and replaces section 133 of the Yemeni Child Rights Law of 2002, which establishes the general minimum age for admission to work at 14 years. The Committee notes the Government’s information that the regulations issued by virtue of the Ministerial Order of 2004 does not repeal section 133 of the Yemeni Child Rights Law of 2002 because a law can only be rescinded by another law formulated specifically for this purpose. It further notes that a draft amendment on modifying the minimum age for working children is currently being worked upon. Considering the contradictory nature of Yemeni legislation as pertains to the general minimum age for admission to employment or work, the Committee expresses the hope that the draft amendment which modifies the general minimum age will be adopted in the very near future.

Article 2, paragraph 3. Compulsory education. Following its previous comments, the Committee had asked the Government to continue providing information on the measures taken to improve the enrolment of children, especially girls, in basic education. The Committee notes the Government’s information concerning the strategy for the development of basic education it launched and on which it based several measures aimed at increasing the education opportunities for boys and girls in rural areas. The Committee also notes the establishment of the Basic Education Development Project by the World Bank and which has the objective of assisting Yemen in expanding the provision of quality basic education to all (grades 1–9) with special attention on gender equity. According to the Project Information Document, the objective of the Basic Education Development Strategy is to achieve universal access to primary education by 2015. The Committee notes that improvement in this regard has occurred: the ratio of girls to boys enrolled in basic education has increased from 38 to 39 per cent from 2002/03 to 2005 and the gross enrolment rate in basic education has increased from 64 to 68 per cent during the same period. However, free access to compulsory education and the high cost of schooling remain an important problem in Yemen. Considering the importance of education for the abolition of child labour, the Committee encourages the Government to pursue its efforts to improve the enrolment of children, especially girls, in basic education. It requests the Government to continue providing information on the measures taken in this regard.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted the Government’s statement that section 4 of the regulations issued with the Ministerial Order of 2004 specifies that no person under 18 years may be accepted for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s information that section 4 of the regulations does not repeal section 49(4) of the Labour Code, which states that it is prohibited to employ a young person under 15 years of age in hazardous work. The Committee notes the Government’s information that amendments which related to children were inserted in Yemeni legislation. The Committee observes the contradiction between the regulations of the Ministerial Order of 2004 and the provisions of the Labour Code in respect of the minimum age for admission to hazardous work. Recalling that by virtue of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety and morals of young persons, shall not be less than 18 years, the Committee requests the Government to take the necessary measures to ensure that the Labour Code is amended so as to prohibit hazardous work for children under 18.

Article 3, paragraph 2. Determination of hazardous work. In its previous comments, the Committee had asked the Government to provide a copy of the list of 57 types of hazardous work which are prohibited for children under 18 years. This document is not joined to the Government’s report. The Committee therefore once again requests the Government to provide a copy of the list thereof with its next report.

Article 6. Minimum age for admission to apprenticeship. Following its previous comments, the Committee notes the Government’s statement that it shall take into account the Committee’s comments when amending the Labour Code, which does not contain a minimum age for apprenticeship. Recalling that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship, the Committee urges the Government to take the necessary measures to ensure that no child under the age of 14 years follows an apprenticeship in an undertaking.

Article 7. Light work. Referring to its previous comments, the Committee notes the Government’s information that it shall take the Committee’s comments and Paragraph 13(1)b) of the Minimum Age Recommendation, 1973 (No. 146) into consideration in identifying what is light work, in conformity with Article 7 of the Convention. The Committee asks the Government to provide information, in its next report, on the measures taken to ensure that regulations determine the activities that constitute light work, as well as prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee had noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee had also noted the Government’s information that the Ministry of Labour’s Plan for 2006 includes labour inspections and the imposition of penalties specified in the Labour Code and its complementary regulations. Noting the absence of information on this point in the Government’s report, and noting that the copy of the regulations relating to the penalties for persons who violate the provisions of the Labour Code has not been provided, the Committee once again asks the Government to provide a copy of said document in its next report. It also once again requests the Government to provide further information on the 2006 plan of the Ministry and its impact on the application of the penalties in practice.

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes that section 139 of the regulations putting into effect Act No. 45 of 2002 on the rights of the child specifies that an employer shall prepare a register of their names, their occupational and social situation, which indicates the name of the working child, his guardian, the date on which he/she started work, place or residence and any other data required by the Ministry. Section 2 of these regulations defines a child as being any person who has not exceeded 18 years of age. However, the Committee notes that the abovementioned provisions do not specify that the employer must indicate the age or date of birth of the workers employed. Therefore, in conformity with Article 9 of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 139 of the regulations putting into effect Act No. 45 of 2002 contain the ages or dates of birth of persons who are less than 18 years of age. The Committee also requests the Government to supply a copy of the regulations putting into effect Act No. 45 of 2002 on the rights of the child.

Part V of the report form. Application of the Convention in practice. Noting that no additional statistical information on the manner in which the Convention is applied is supplied by the Government in its report, the Committee requests the Government to provide such information in its next report, including statistical data by age bracket on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

The Committee also requests the Government to keep it informed of progress made in enacting the draft amendments to the Labour Code. In this regard, it hopes that due consideration will be given to the Committee’s outstanding comments.