Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Yemen (Ratification: 1969)

Article 1 of the Convention. Scope of application. The Committee recalls that section 3(2) of the Labour Code No. 5 of 1995 excludes a range of workers from its application, including domestic workers, casual workers and certain agricultural workers. According to the Government, 80 per cent of agricultural workers are excluded from the Labour Code due to section 3. The Committee notes the Government’s indication that draft amendments to the Labour Code provide that the Code shall not apply to domestic workers and similar workers except with respect to holidays, minimum wage, dismissal, and rights related to end of service. The Government also indicates that the draft amendments are to be submitted to the legislative authority for adoption. Recalling that the Government has been indicating for a number of years that the process of amending the Labour Code was under way, the Committee asks the Government to ensure that all workers, including domestic workers, agricultural workers and casual workers, currently excluded from the scope of the Labour Code are protected against direct and indirect discrimination based on at least all the grounds set out in the Convention, in all aspects of employment and occupation. The Committee hopes that progress will be made in the near future and asks the Government to provide specific information in this regard. The Committee again asks the Government to indicate any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination, and that self-employed agricultural workers and casual workers enjoy protection in practice against discrimination with respect to land, credit and access to goods and services necessary to carry out their occupation.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government’s report once again does not contain any information on measures taken or envisaged to prohibit and prevent sexual harassment. The Committee recalls that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, taking effective measures to prevent and prohibit sexual harassment at work is important (General Survey on fundamental Conventions, 2012, para 789). The Committee therefore urges the Government to take measures to prohibit and prevent sexual harassment in employment and occupation, and to provide information on concrete steps taken in this regard.

Article 2. Equal access of women to employment and particular occupations. The Committee notes the Government’s acknowledgement that women’s participation in technical and vocational training is still low, and notes the statistical information provided by the Government concerning the rate of women working in certain industries or sectors as follows: 4.1 per cent in technical and industrial institutes, 50 per cent in agricultural and veterinary institutes, 32.4 per cent at health institutes and 6.8 per cent in vocational and industrial training centres. The Committee also notes the statistical information of the Central Statistical Organization concerning the number of men and women who have enrolled in vocational institutes from 2008 to 2009, and notes that the gender differences with respect to access to vocational training remain significant. With regard to existing stereotypes regarding the role of women, the Committee notes that the interim objectives for the period of 2006–10 under the National Strategy for Women include changing the stereotypical image of women in media and addressing challenges of women in economic, political, social and cultural advancement. The Committee recalls that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market. Providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide information as follows:

• (i)the type of vocational courses and new specializations offered to women, and their participation in these courses as compared to men;
• (ii)the measures taken to increase women’s participation in the various posts of the sectors in which women’s participation is particularly low, including technical and industrial institutes and vocational and industrial training centres; and
• (iii)the impact of the awareness-raising programmes to change the stereotypical image of women under the National Strategy for Women, as well as other measures taken to overcome existing stereotypes regarding the role of women which have a negative impact on women’s opportunities in employment, education and skills development.

National strategy on gender equality. The Committee notes that in April 2010, the Council of Ministers decided to include a National Strategy for Women in the fourth Five-Year Plan for Development (2011–15), and to allocate the necessary resources for the implementation of the programmes and projects under this strategy. The strategic objectives of the National Strategy for Women include: (i) equal access, for men and women, to education at all education levels and reduction of illiteracy among girls and women by half; and (ii) increasing women’s participation quantitatively and qualitatively in all decision-making positions. The Committee asks the Government to provide information on the results achieved for each of the objectives of the National Strategy for Women, including with respect to equal access for men and women to education and increasing women’s participation in all decision-making positions.

Enforcement. The Committee recalls that the ILO project on promoting decent work and gender equality in Yemen included training of male and female officials of the Labour Inspection Directorate to conduct more gender-responsive labour inspections, and activities with the Labour Dispute Directorate. The Committee notes the Government’s general indication that the Labour Inspection Directorate and the departments at the Ministry’s offices follow-up on equal opportunity and treatment without any discrimination on the basis of sex. The Committee asks the Government to provide information on cases concerning sex discrimination handled by the Labour Inspection Directorate and the Labour Dispute Directorate. Recalling that the Convention also covers discrimination on the grounds of race, colour, national extraction, religion, political opinion and social origin, the Committee asks the Government to provide information on any cases dealt with by the Ministry of Social Affairs and Labour, or the courts related to these grounds.