Forced Labour Convention, 1930 (No. 29) - Yemen (Ratification: 1969)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that trafficking in persons is prohibited under section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. It also noted that a National Committee for Combating Human Trafficking was established. Moreover, the Government indicated that an Anti-Trafficking Bill was elaborated and is under examination in Parliament. The Committee requested the Government to provide information on the activities undertaken by the National Committee for Combating Human Trafficking, and to indicate whether or not a national policy to combat trafficking in persons as well as the Anti-Trafficking Bill have been adopted.

The Committee notes the Government’s indication in its report that, the National Committee for Combating Human Trafficking is responsible for drawing up policies and formulating appropriate national mechanisms to combat and punish trafficking in persons, providing protection for victims and developing rehabilitation programmes. It is also in charge of preparing a national strategy to combat human trafficking, as well as drafting a national law, in this respect. Regarding the Anti-Trafficking Bill, the Government indicates that it is still before the Parliament. Moreover, the Government states that, in 2018 an agreement was concluded with the International Organization for Migration on a National Strategy to Combat Trafficking in persons, which had been suspended because of the war. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. It also requests the Government to provide a copy of the Anti-Trafficking Bill, once adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments, the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, as well as section 36, which provides for an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length. The Committee also noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee notes the Government’s indication that the draft Bill of the Labour Code was not adopted on time because of the war. It is providing for the possibility to terminate the employment contract with or without prior notice and under certain conditions. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee encourages the Government to step up its efforts to ensure the adoption of the draft Bill of the Labour Code in conformity with the Convention so that any worker can terminate his/her employment contract without indicating any specific reason provided they observe a reasonable notice period. Please provide information on any progress made in this regard.

2. Freedom of career military personnel to leave the service. The Committee noted that section 95 of Act No. 67 of 1991 concerning military service, stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service. The Committee requested the Government to take the necessary measures to amend the above-mentioned sections to be in conformity with the Convention.

The Committee notes an absence of new information in the Government’s report. The Committee recalls that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. The Committee once again trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above-mentioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that section 16 of Act No. 48 of 1991 on prison regulations allows prisoners to work outside the penitentiary establishments. It requested the Government to indicate whether prisoners are hired to, or placed at, the disposal of private individuals, companies or associations.

The Committee notes the Government’s indication that an implementing regulation for Act No. 48 was issued pursuant to Decree No. 221 (1999) on the regulation of prisons and will be provided to the Committee. The Government also adds that according to section 16 of Act No. 48, prisoners may be employed in public works, if circumstances require. The Committee requests the Government to indicate the guarantees provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations. The Committee also requests the Government to supply a copy of Decree No. 221 (1999) on the regulation of prisons.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that trafficking in persons is prohibited under section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. It also noted that a National Committee for Combating Human Trafficking was established. Moreover, the Government indicated that an Anti-Trafficking Bill was elaborated and is under examination in Parliament. The Committee requested the Government to provide information on the activities undertaken by the National Committee for Combating Human Trafficking, and to indicate whether or not a national policy to combat trafficking in persons as well as the Anti-Trafficking Bill have been adopted.

The Committee notes the Government’s indication in its report that, the National Committee for Combating Human Trafficking is responsible for drawing up policies and formulating appropriate national mechanisms to combat and punish trafficking in persons, providing protection for victims and developing rehabilitation programmes. It is also in charge of preparing a national strategy to combat human trafficking, as well as drafting a national law, in this respect. Regarding the Anti-Trafficking Bill, the Government indicates that it is still before the Parliament. Moreover, the Government states that, in 2018 an agreement was concluded with the International Organization for Migration on a National Strategy to Combat Trafficking in persons, which had been suspended because of the war. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. It also requests the Government to provide a copy of the Anti-Trafficking Bill, once adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments, the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, as well as section 36, which provides for an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length. The Committee also noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee notes the Government’s indication that the draft Bill of the Labour Code was not adopted on time because of the war. It is providing for the possibility to terminate the employment contract with or without prior notice and under certain conditions. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee encourages the Government to step up its efforts to ensure the adoption of the draft Bill of the Labour Code in conformity with the Convention so that any worker can terminate his/her employment contract without indicating any specific reason provided they observe a reasonable notice period. Please provide information on any progress made in this regard.

2. Freedom of career military personnel to leave the service. The Committee noted that section 95 of Act No. 67 of 1991 concerning military service, stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service. The Committee requested the Government to take the necessary measures to amend the above-mentioned sections to be in conformity with the Convention.

The Committee notes an absence of new information in the Government’s report. The Committee recalls that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. The Committee once again trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above-mentioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that section 16 of Act No. 48 of 1991 on prison regulations allows prisoners to work outside the penitentiary establishments. It requested the Government to indicate whether prisoners are hired to, or placed at, the disposal of private individuals, companies or associations.

The Committee notes the Government’s indication that an implementing regulation for Act No. 48 was issued pursuant to Decree No. 221 (1999) on the regulation of prisons and will be provided to the Committee. The Government also adds that according to section 16 of Act No. 48, prisoners may be employed in public works, if circumstances require. The Committee requests the Government to indicate the guarantees provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations. The Committee also requests the Government to supply a copy of Decree No. 221 (1999) on the regulation of prisons.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that trafficking in persons is prohibited under section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. It also observed that in its 2011 concluding observations, the UN Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed its deep concern about the large-scale trafficking in women and children, including to neighbouring countries, for sexual and other exploitative purposes (E/C.12/YEM/CO/2, May 2011, paragraph 24). The Committee requested the Government to provide detailed information on the measures taken to prevent, prosecute and punish trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Law on Crimes and Penalties.

The Committee notes the Government’s indication in its report that, due to the worsening of the armed conflict, many children have been trafficked and ended up participating in armed conflicts, including Houthi militias. The Government also states that, in 2012, an administrative technical team was established under the Minister of Human Rights to study the phenomenon and elaborate a national project on the matter of trafficking. As a result, a National Committee for Combating Human Trafficking has been established composed of members of the Government as well as members from the civil society. This National Committee has the objective of developing a national policy to combat trafficking in persons, in addition to the elaboration of rehabilitation programmes targeting victims of trafficking. Moreover, the Government indicates that an Anti-Trafficking Bill has been elaborated and is under examination in Parliament. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. The Committee also requests the Government to provide information on the activities undertaken by the National Committee for Combating Human Trafficking, and to indicate whether or not a national policy to combat trafficking in persons as well as the Anti-Trafficking Bill have been adopted. Lastly, the Committee requests the Government to provide information on the investigations carried out, prosecutions and the penalties imposed in cases of trafficking in persons.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments, the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, as well as section 36, which provides for an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length. The Committee also noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee notes an absence of information on this point. The Committee trusts that the draft Bill of the Labour Code will soon be adopted so that the national legislation is brought into conformity with the Convention on this point. It also hopes that the Government will provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service. The Committee noted the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicated that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. Noting the absence of information in this regard, the Committee once again trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee noted the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee noted that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and, if so, under what conditions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested information concerning the application in practice of section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. The Committee noted the Government’s statement that the slave trade is not widespread in the country and no such cases had been recorded before the national courts. It added that there are national campaigns to combat child smuggling to neighbouring countries for the purpose of labour exploitation.

The Committee observes that the Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed its deep concern about the large-scale trafficking in women and children, including to neighbouring countries, for sexual and other exploitative purposes. It is also concerned about the low rate of prosecutions against perpetrators of women and child trafficking (E/c.12/YEM/co/2, May 2011, paragraph 24).

In light of the above considerations, the Committee requests the Government to provide detailed information on the measures taken to prevent, prosecute and punish trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Law on Crimes and Penalties. Moreover, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee also requests the Government to supply a copy of the draft amendments to the Law on Crimes and Penalties, as soon as they are adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. The Committee also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period. Noting an absence of information in this regard, the Committee trusts that the draft Bill of the Labour Code will soon be adopted so that national legislation is brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee noted the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicated that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length (paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour).

Noting the absence of information in this regard, the Committee trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee noted the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee noted that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and, if so, under which conditions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested information concerning the application in practice of section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. The Committee noted the Government’s statement that the slave trade is not widespread in the country and no such cases had been recorded before the national courts. It added that there are national campaigns to combat child smuggling to neighbouring countries for the purpose of labour exploitation.

The Committee observes that the Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed its deep concern about the large-scale trafficking in women and children, including to neighbouring countries, for sexual and other exploitative purposes. It is also concerned about the low rate of prosecutions against perpetrators of women and child trafficking (E/c.12/YEM/co/2, May 2011, paragraph 24).

In light of the above considerations, the Committee requests the Government to provide detailed information on the measures taken to prevent, prosecute and punish trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Law on Crimes and Penalties. Moreover, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee also requests the Government to supply a copy of the draft amendments to the Law on Crimes and Penalties, as soon as they are adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. The Committee also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period. Noting an absence of information in this regard, the Committee trusts that the draft Bill of the Labour Code will soon be adopted so that national legislation is brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee noted the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicated that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length (paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour).

Noting the absence of information in this regard, the Committee trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee noted the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee noted that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and, if so, under which conditions.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested information concerning the application in practice of section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. The Committee noted the Government’s statement that the slave trade is not widespread in the country and no such cases had been recorded before the national courts. It added that there are national campaigns to combat child smuggling to neighbouring countries for the purpose of labour exploitation.

The Committee observes that the Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed its deep concern about the large-scale trafficking in women and children, including to neighbouring countries, for sexual and other exploitative purposes. It is also concerned about the low rate of prosecutions against perpetrators of women and child trafficking (E/c.12/YEM/co/2, May 2011, paragraph 24).

In light of the above considerations, the Committee requests the Government to provide detailed information on the measures taken to prevent, prosecute and punish trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Law on Crimes and Penalties. Moreover, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee also requests the Government to supply a copy of the draft amendments to the Law on Crimes and Penalties, as soon as they are adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. The Committee also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period. Noting an absence of information in this regard, the Committee trusts that the draft Bill of the Labour Code will soon be adopted so that national legislation is brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee noted the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicated that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length (paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour).

Noting the absence of information in this regard, the Committee trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee noted the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee noted that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and, if so, under which conditions.

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

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee requested information concerning the application in practice of section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties.

The Committee notes the Government’s statement that the slave trade is not widespread in the country and no such cases had been recorded before the national courts. It adds that there are national campaigns to combat child smuggling to neighbouring countries for the purpose of labour exploitation.

Noting this information, the Committee requests the Government to provide further information on awareness-raising campaigns to prevent trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Code of Crimes and Penalties. Moreover, referring to its comments made under the Worst Forms of Child Labour, Convention (No. 182), 1999, the Committee also requests the Government to supply a copy of the draft amendments to the Code of Crimes and Penalties, as soon as they are adopted.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of workers to terminate employment. In its earlier comments the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. The Committee also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee notes once again the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period. In this regard, the Committee trusts that the draft Bill of the Labour Code will soon be adopted so that national legislation is brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee notes the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicates that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. It undertakes to communicate to the ILO information on any new developments in this regard.

While noting these indications, the Committee recalls that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length (paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour).

The Committee trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee once again notes the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee notes that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. The Committee requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and if so, under which conditions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of workers to terminate employment. The Committee previously referred to section 35(2) of the Labour Code (Act No. 5 of 1995), which lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. It also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

Further to its previous comments concerning a draft amendment to the Labour Code, which was supposed to ensure the right of workers to terminate employment upon their request, subject to previous notice, the Committee notes the Government’s indication that a new Bill includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee trusts that the Bill will soon be adopted and the legislation will be brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new legislation, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee has noted the Government’s repeated statement in its reports that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicates in its last report that there are numerous upper secondary graduates and holders of scientific qualifications who wish to join the armed forces. It undertakes to communicate to the ILO information on any new development in this regard.

While noting these indications, the Committee points out once again, referring also to the explanations in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length.

The Committee therefore reiterates its hope that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention on this point. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. In particular, the Committee requested information concerning the application in practice of the following provisions of Law No. 12 of 1994 on Crimes and Penalties: section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation).

While noting the Government’s indication that there have been no lawsuits concerning trafficking in persons in the national courts, the Committee again requests the Government to provide information on the application of sections 246 and 248 in practice, indicating the penalties imposed, once such information becomes available.

Communication of texts. The Committee notes the Government’s indication that there are no regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. It requests the Government to supply copies of any such regulations or implementing decisions, once they are adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), and 2(paragraph 1), of the Convention. 1. Freedom of workers to terminate employment. The Committee previously referred to section 35(2) of the Labour Code (Act No. 5 of 1995), which lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. It also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

Further to its previous comments concerning a draft amendment to the Labour Code, which was supposed to ensure the right of workers to terminate employment upon their request, subject to previous notice, the Committee notes the Government’s indication in its report that a new Bill includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee trusts that the Bill will soon be adopted and the legislation will be brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new legislation, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee has noted the Government’s repeated statement in its reports that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicates in its latest report that there are numerous upper secondary graduates and holders of scientific qualifications who wish to join the armed forces. It undertakes to communicate to the ILO information on any new development in this regard.

While noting these indications, the Committee points out once again, referring also to the explanations in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length.

The Committee therefore reiterates its hope that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention on this point. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. In particular, the Committee requested information concerning the application in practice of the following provisions of Law No. 12 of 1994 on Crimes and Penalties: section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation).

While noting the Government’s indication in the report that there have been no lawsuits concerning trafficking in persons in the national courts, the Committee again requests the Government to provide information on the application of sections 246 and 248 in practice, indicating the penalties imposed, once such information becomes available.

Communication of texts. The Committee notes the Government’s indication that there are no regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons and requests the Government to supply copies of any such regulations or implementing decisions, once they are adopted.

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

Articles 1(1) and 2(1) of the Convention. Freedom of workers to terminate employment. 1. In its earlier comments the committee referred to section 35(2) of the Labour Code (Act No. 5 of 1995), which lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, and to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to clarify whether a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee has noted the Government’s indication in its latest report concerning a draft amendment to the Labour Code, which aims at ensuring that a worker has the right to terminate employment upon his/her request, without indicating any particular reason for termination, provided that a request is submitted at least one month prior to the date of resignation. According to the report, the draft amendment has not yet been discussed, though the comments made by social partners have already reached the government. The Committee expresses firm hope that the necessary amendments to the Labour Code will be adopted in the near future in order to bring the legislation into conformity with the convention on this point and that the Government will soon be in a position to report the progress made in this regard. Please also provide information on the results of a tripartite workshop to discuss the draft amendment, to which reference has been made in the report.

2. In its earlier comments, the committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control (and after seven years of effective service). The Committee pointed out that career military servicemen cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

While having noted the Government’s view expressed in the report that members of the armed forces enjoy privileges and normally do not wish to resign, the Committee reiterates its hope that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention on this point. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation received, approved, and denied, and the reasons for denial.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The committee previously noted that the Government’s explanations concerning sections 246 (unlawful detention or deprivation of liberty) and 248 (buying, selling, or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. While having noted the Government’s statement in the report that there are no statistics on penalties imposed for the illegal exaction of forced labour, the committee again requests the Government to provide, in its next report, information on the application of sections 246 and 248 in practice, indicating the penalties imposed and including copies of any relevant court decisions.

Communication of texts. The Committee requests the Government to supply copies of any rules or regulations governing prison labour, issued under Act No. 48 of 1991 relating to prisons.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee would be grateful if the Government would supply copies of any rules or regulations concerning prison labour issued under Act No. 48 of 1991 relating to prisons, if and when such rules or regulations are adopted.

Freedom of workers to terminate employment

1. The Committee previously noted that section 35(2) of the Labour Code (Act No. 5 of 1995) lays down an exhaustive list of cases where a worker may unilaterally terminate his contract of employment without prior written notice, and section 36 of the Code lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to clarify whether a worker has right to terminate his contract of employment at his own request without indicating any specific reason, simply by means of notice of reasonable length.

The Government reiterates that a worker has the right to terminate employment upon his/her request, provided that the request is submitted at least one month prior to the date of resignation. The Committee previously noted the Government’s intention to add a legal text to the Labour Code in this regard when it amends it. It noted the Government’s indication that a tripartite workshop to discuss a draft amendment to the Labour Code was held in December 2001-January 2002 with the participation of an ILO expert, and a new workshop was envisaged in the beginning of 2003. The Committee reiterates its hope that the necessary amendment to the Labour Code will be made in the near future in order to bring the legislation into conformity with the Convention on this point and requests the Government to supply a copy of the amendment, as soon as it is adopted.

2. The Committee previously noted that section 95 of Act No. 67 of 1991 concerning military service stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and he spent eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control (and after seven years of effective service). The Committee referred to the explanations given in paragraphs 68 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that career military servicemen cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee reiterates its hope that the necessary measures will be taken with a view to bringing the above provisions into conformity with the Convention on this point. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation received, approved and denied, and the reasons for any denial.

Article 25 of the Convention. In its earlier comments, the Committee requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee noted the Government’s explanations concerning sections 246 (unlawful detention or deprivation of liberty) and 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on crimes and penalties. It would be grateful if the Government would provide, in its next report, information on the application of sections 246 and 248 in practice, in the circumstances falling within the scope of Article 25 of the Convention, indicating the penalties imposed and including copies of any relevant court decisions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments, as well as the information supplied in response to its general observation of 2000 on measures taken to combat trafficking in persons for the purpose of exploitation. It would be grateful if the Government would supply copies of any rules or regulations concerning prison labour issued under Act No. 48 of 1991 relating to prisons, if and when such rules or regulations are adopted.

Freedom of workers to terminate employment

1. The Committee previously noted that section 35(2) of the Labour Code (Act No. 5 of 1995) lays down an exhaustive list of cases where a worker may unilaterally terminate his contract of employment without prior written notice, and section 36 of the Code lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to clarify whether a worker has right to terminate his contract of employment at his own request without indicating any specific reason, simply by means of notice of reasonable length.

The Government reiterates that a worker has the right to terminate employment upon his/her request, provided that the request is submitted at least one month prior to the date of resignation. The Committee previously noted the Government’s intention to add a legal text to the Labour Code in this regard when it amends it. It has noted the Government’s indication in its latest report that a tripartite workshop to discuss a draft amendment to the Labour Code was held in December 2001-January 2002 with the participation of an ILO expert, and a new workshop was envisaged in the beginning of 2003. The Committee reiterates its hope that the necessary amendment to the Labour Code will be made in the near future in order to bring the legislation into conformity with the Convention on this point and requests the Government to supply a copy of the amendment, as soon as it is adopted.

2. The Committee previously noted that section 95 of Act No. 67 of 1991 concerning military service stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and he spent eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control (and after seven years of effective service). The Committee referred to the explanations given in paragraphs 68 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that career military servicemen cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

Having noted that the Government’s report contains no new information on this subject, the Committee reiterates its hope that the necessary measures will be taken with a view to bringing the above provisions into conformity with the Convention on this point. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation received, approved and denied, and the reasons for any denial.

Article 25 of the Convention. In its earlier comments, the Committee requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee has noted the Government’s explanations concerning sections 246 (unlawful detention or deprivation of liberty) and 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on crimes and penalties. It would be grateful if the Government would provide, in its next report, information on the application of sections 246 and 248 in practice, in the circumstances falling within the scope of Article 25 of the Convention, indicating the penalties imposed and including copies of any relevant court decisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments, as well as the information supplied in response to its general observation of 1998. It has noted, in particular, the provisions of Act No. 12 of 1994 on Crimes and Penalties and Act No. 13 of 1994 on Penal Procedure. It has also noted the Government’s statement in the report that no regulations concerning prison labour have been adopted under Act No. 48 of 1991 on the organization of prisons and reiterates its hope that copies of such regulations will be supplied, if and when they are adopted.

Freedom of workers to terminate employment

1. The Committee previously noted the provisions of the Labour Code (Act No. 5 of 1995) concerning termination of employment. It noted that section 35(2) of the Code lays down an exhaustive list of cases where a worker may unilaterally terminate his contract of employment without prior written notice, and section 36 lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to clarify whether a worker has right to terminate his contract of employment at his own request without indicating any specific reason, simply by means of notice of reasonable length.

The Government indicates in its report that, in reality, resignation can be submitted without indicating a reason, provided that the request is submitted at least one month prior to the date of resignation, and that it intends to add a legal text to the Labour Code in this regard when it amends it. The Committee hopes that such amendments will be made in the near future in order to bring the legislation into conformity with the Convention on this point and requests the Government to supply copies of the amendments, as soon as they are adopted.

2. The Committee previously noted that section 90(4) of Act No. 67 of 1991 concerning military service refers to resignation as one of the grounds for termination of service of career military personnel. Section 95 of the Act stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and he spent eight years in effective service. Section 96 lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control (and after seven years of effective service). Referring to the explanations given in paragraphs 68 and 72 of its 1979 General Survey on the abolition of forced labour, the Committee points out that career military servicemen cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee hopes that the necessary measures will be taken with a view to bringing the above provisions into conformity with the Convention on this point and requests the Government to provide information on the progress made in this regard.

Article 2, paragraph 2(d), of the Convention. In its earlier comments, the Committee requested the Government to provide copies of legal texts allowing labour to be mobilized in an emergency. It has noted the Government’s renewed statement in its report that there are no legal texts on this subject. The Committee hopes that any such text will be communicated to the ILO, if and when it is adopted.

Article 25. Referring to its earlier comments, the Committee reiterates its request for information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1) and Article 2(1) and (2)(c) of the Convention. 1. In response to the Committee's earlier comments concerning Act No. 48 of 1991 on the organization of prisons, the Government indicated that no regulations concerning prison labour had been adopted. The Committee therefore reiterates its request for information on the nature of the work which may be exacted from convicts and expresses the hope that copies of any regulations issued will be supplied.

Article 2(2)(d) and (e). 2. In its earlier comments the Committee requested the Government to provide copies of legal texts allowing labour to be mobilized in an emergency. It has noted the Government's indication in its report of 1993 that no such text had been promulgated and asks the Government to communicate any such text adopted in due course, as well as any text concerning minor communal services to be exacted in the direct interest of the community.

Article 2(1). 3. In its earlier comments the Committee referred to provisions of Act No. 19 of 1991 on the public service concerning resignation from the public service. It noted that the competent authority may under section 120(c) of the Act accept or refuse such applications. The Committee has noted the Government's detailed explanations concerning resignation procedures in its report of 1993 under section 233(d) of Presidential Decree No. 122 of 1992 and asks the Government to indicate in its next report what reasons for resignation are considered acceptable by the competent authority and whether an employee can confirm an application to resign without indicating any particular reason. As regards employees of the public and mixed sectors, please supply a copy of any provisions governing resignation issued under section 3(a)(ii) of Act No. 19 of 1991.

4. The Committee has noted that section 90(4) of Act No. 67 of 1991 concerning Military Service refers to resignation as one of the grounds for termination of service of career military personnel. With reference to its earlier comments, the Committee requests the Government to provide information on provisions governing the conditions for resignation of this category of military personnel.

5. The Committee has noted the provisions of the Labour Code (Act No. 5 of 1995) concerning termination of employment. It has noted that section 35(2) of the Code lays down an exhaustive list of cases where a worker may unilaterally terminate a contract of employment without prior written notice, and section 36 lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. Please clarify whether workers have the right to terminate a contract of employment at their own request without indicating any specific reason, simply by means of notice of reasonable length.

6. The Committee has also noted that, under section 38(2) of the Labour Code, if either party refuses to receive notice of termination of the contract, the notice may be deposited with the Ministry or one of its offices. The Committee asks the Government to indicate in its next report whether in such a case an authorization of the Ministry is required for termination of the contract, and if so what criteria are applied in the event of refusal.

Article 2(2)(c). 7. The Committee requests the Government to supply with its next report copies of the new Penal Code and Code of Criminal Procedure enacted in October 1994. Please also supply information on the application in practice of provisions governing prison labour, particularly as regards the nature of the work performed by persons sentenced to imprisonment.

Article 25. 8. With reference to its earlier comments, the Committee asks the Government once again to supply information on measures taken or envisaged to make the illegal exaction of forced or compulsory labour punishable as a penal offence with adequate and strictly enforced penalties.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report. It notes the Constitution of 1991 and the various legal texts provided by the Government.

It notes the Government's indication that, according to article 130 of the Constitution, the laws in force in each of the two parts of Yemen are to remain applicable in the part concerned until amended.

1. The Committee notes that, in reply to its previous comments, the Government states that the Constitution (article 21) prohibits recourse to forced labour unless it is provided for in a law for the performance of a public service, in which case it shall be duly remunerated, and that Act No. 48 of 1991 on the organization of prisons prohibits all recourse to forced labour. Section 15 of the above Act specifies that labour shall not be exacted from persons in preventive detention. The Committee asks the Government to specify the nature of the work which may be exacted from persons sentenced and to provide the text of any regulations issued under the above-mentioned Act.

2. In its previous comments, the Committee asked the Government to provide any legal texts allowing labour to be mobilized in the event of force majeure. The Committee notes that the Government refers to the Act of 1990 on the general reserve. The Committee asks the Government to provide the legal texts which allow labour to be mobilized in the event of the various emergencies referred to in Article 2, paragraph 2(d), of the Convention. The Committee notes the Government's indication that no law has been promulgated concerning minor community tasks. It asks the Government to provide any text that might be adopted in this respect.

3. The Committee notes that Act No. 19 of 1991 on the public service repeals and replaces Act No. 1 of 1988. The Committee notes the provisions referred to by the Government which regulate resignation from the public service. It notes that the competent authority shall rule on applications to resign, under section 120(c), by accepting or refusing such applications. It asks the Government to state the criteria applied in the event of refusal. It also requests the Government to provide a copy of the above Act.

4. Further to its previous direct request, the Committee asks the Government to provide copies of the laws and regulations governing employees in public and semi-public establishments, and particularly the conditions and rules applying to the resignation of this category of personnel.

5. The Committee notes that Act No. 15 of 1979, on which it has commented, has been repealed and replaced by Act No. 22 of 1990 on the national defence service.

6. The Committee notes that, in reply to its previous direct request on the conditions for the hiring and resignation of volunteer members of the armed forces, the Government indicates that the Bill on military service in the armed forces is still being debated by Parliament and has not yet been enacted. The Committee asks the Government to provide the text in question as soon as it has been adopted.

7. In its previous comments, the Committee raised a number of questions concerning resignation. In this connection, the Government refers the Committee to its reply concerning the resignation of public servants (see point 4 above). The Committee noted from the Government's indications, however, that the resignation of workers would be covered by the implementing regulations of the Labour Code. The Committee asks the Government to provide information on these regulations and to provide a copy of them if they are adopted.

8. The Committee noted that there are no penal provisions comparable to section 129 of Act No. 22 of 1963 under which individuals are subject to penal sanctions for the illegal exaction of forced labour, as required by Article 25 of the Convention. The Committee notes the Government's indication that no measures have yet been taken in this respect and that any fresh information will be communicated.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its general observation, the Committee notes that the Government's report has not been received and recalls its previous direct requests which read as follows:

North Yemen

1. In its previous comments, the Committee noted that, under section 36 of the Constitution, no forced labour shall be imposed upon anyone except in cases in the public interest prescribed by law and with appropriate wages. Under sections 2, 13 and 14 of Act No. 15 of 1979 respecting the national defence service, citizens called up for national service can be enrolled in national action units, whose purpose is to assist the armed forces in the event of mobilisation. They are formed by decision of the Council of Ministers, which fixes the work of each unit, its organisation, the length of service of those forming part of it and the national projects to be entrusted to it.

The Committee once again requests the Government to provide detailed information on the national units already formed under Act No. 15 of 1979, in particular on the nature of the work and projects entrusted to them, and to furnish the text of the relevant decisions of the Council of Ministers.

2. The Committee, in its previous direct request, asked the Government to furnish the text of the regulations on prison labour adopted under section 37(1) of Act No. 31 of 1979 respecting the organisation of prisons. The Committee notes the Government's indication that the Council of Ministers has not yet made such regulations. The Committee requests the Government to send copies of these regulations as soon as they are made and, in the meantime, to supply information on any measures taken to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

3. The Committee, in previous comments, requested the Government to furnish the text of any legislation on the power to mobilise labour in the event of an emergency, on minor communal services and on any other civic obligations. The Committee notes the Government's indication that no legislation yet exists on the possibility of mobilising workers in cases of emergency. The Committee requests the Government to supply copies of any such legislation if and when adopted in the future and, in the meantime, to send the texts of any laws governing minor communal services or other civic obligations with its next report.

4. Freedom to leave the service of the State. The Committee notes the Government's indications that Act No. 49 of 1977 concerning, inter alia, the procedure for the resignation of civil servants, was repealed by Act No. 1 of 1988. The Committee requests the Government to send a copy of Act No. 1 of 1988, as well as copies of any other law or regulation governing the freedom of civil servants to resign from the public service.

5. The Committee notes the Government's indications that Act No. 50 of 1982 concerning, inter alia, the conditions and instructions applying to the resignation of staff at public establishments and semi-public companies was also repealed by Act No. 1 of 1988. The Committee requests the Government to send copies of the laws or regulations which now govern the staff of public establishments and semi-public companies, in particular the conditions and instructions applying to the resignation of staff of this class.

6. Referring to its previous request, the Committee notes the Government's indication that induction into the armed forces is either voluntary or through the compulsory military service; the Committee once again requests the Government to supply the text of the legislation governing the conditions of recruitment and resignation of voluntary members of the armed forces.

Article 25 of the Convention. 7. The Committee notes that section 129 of Act No. 22 of 1963 respecting crimes against the public interest, has not yet been applied. The Committee asks the Government to continue in the future to provide information on the practical application of this provision which makes any civil servant who illegally exacts work liable to penal sanctions.

The Committee notes the Government's indications that there are no penal provisions similar to section 129 that make private individuals liable to penal sanctions for the illegal exaction of work. The Committee draws attention to Article 25 of the Convention which obliges ratifying States to make the exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee requests the Government to indicate what measures have been taken or are contemplated to give effect in national law and practice to this requirement of the Convention.

South Yemen

1. In its previous comments, the Committee noted the Government's statement that the provisions of the Labour Code, the Act respecting military institutions and the Penal Code do not lay down penalties for workers who leave their work. The Committee requested the Government to supply information on the criteria used by the competent authorities in accepting or refusing an application to resign.

The Committee notes the information supplied by the Government in its report that, as regards the resignation of employees in the public administration, the regulations to implement the Labour Code still have to be issued. It also notes the information that, in accordance with the provisions of the Labour Code, workers are entitled to tender their resignation before their employment contracts expire, on condition that they give the employer written notice of the same period as the time that elapses for the payment of their wages. According to the Government, in practice, the resignation of workers has not raised any problems. Nevertheless, this matter will be one of those covered in future by the regulations implementing the Labour Code.

The Committee requests the Government to supply copies of the implementing regulations on this subject when they have been adopted.

2. The Committee notes that, by virtue of sections 42 and 44 of the Penal Code adopted on 9 March 1976, the text of which was supplied by the Government, cases of simple offences that do not involve serious social danger can be brought before a social justice body which, under section 45 of the above Code can issue a judgement involving the performance of work in order to recompense the damages suffered by the victim. The Committee also notes that, by virtue of section 59 of the Penal Code, imprisonment consists of placing the person so sentenced in one of the state establishments intended for this purpose and ordering them to perform socially useful work that is related to their capabilities and is such as to improve their skills according to an educational and cultural programme intended to prepare them for reintegration into the new Yemenite society.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee has noted in earlier comments that under section 36 of the Constitution no forced labour shall be imposed upon anyone except in cases in the public interest prescribed by law and with appropriate wages. Under sections 2, 13 and 14 of Act No. 15 of 1979 respecting the national defence service, citizens called up for national service can be enrolled in national action units, whose purpose is to assist the armed forces in the event of mobilisation. They are formed by decision of the Council of Ministers, which fixes the work of each unit, its organisation, the length of service of those forming part of it and the national projects to be entrusted to it.

The Committee again requests the Government to provide full information on the national units already formed under Act No. 15 of 1979, in particular on the nature of the work and projects entrusted to them, and to furnish the text of the relevant decisions of the Council of Ministers.

2. The Committee, in its previous direct request, asked the Government to furnish the text of regulations on prison labour adopted under section 37(1) of Act No. 31 of 1979 respecting the organisation of prisons. The Committee notes the Government's indication that the Counsel of Ministers have not yet made such regulations. The Committee requests the Government to send copies of these regulations as soon as they are made and in the meantime, to supply information on any measures taken to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

3. The Committee, in previous comments, requested the Government to furnish the text of any legislation on the power to mobilise labour in the event of an emergency, on minor communal services and on any other civic obligations. The Committee notes the Government's indication that no legislation yet exists on the possibility of mobilising workers in cases of emergency. The Committee requests the Government to supply copies of any such legislation if and when adopted in the future and, in the meantime, to send the texts of any laws governing minor communal services or other civic obligations with its next report.

Freedom to leave the service of the State. 4. The Committee notes the Government's indication that Act No. 49 of 1977 concerning inter alia, the procedure for the resignation of civil servants, was repealed by Act No. 1 of 1988. The Committee requests the Government to send a copy of Act No. 1 of 1988, as well as copies of any other law or regulation governing the freedom of civil servants to resign from the public service.

5. The Committee notes the Government's indication that Act No. 50 of 1982 concerning, inter alia, the conditions and instructions applying to the resignation of staff at public establishments and semi-public companies was also repealed by Act No. 1 of 1988. The Committee requests the Government to send copies of the laws or regulations which now govern the staff of public establishments and semi-public companies, in particular the conditions and instructions applying to the resignation of staff of this class.

6. Referring to its previous request, the Committee notes the Government's indication that induction into the armed forces is either voluntary or through the compulsory military service; the Committee once again requests the Government to supply the text of the legislation governing the conditions of recruitment and resignation of voluntary members of the armed forces.

Article 25 of the Convention. 7. The Committee notes that section 129 of Act No. 22 of 1963 respecting crimes against the public interest, has not yet been applied. The Committee asks the Government to continue to provide in the future information on the practical application of this provision which makes any civil servant who illegally exacts work liable to penal sanctions.

The Committee notes the Government's indication that there are no penal provisions similar to section 129 that make private individuals liable to penal sanctions for the illegal exaction of work. The Committee draws attention to Article 25 of the Convention which obliges ratifying States to make the exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee requests the Government to indicate what measures have been taken or are contemplated to give effect in national law and practice to this requirement of the Convention.