Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre la edad mínima, 1973 (núm. 138) - Yemen (Ratificación : 2000)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that the Child Labour Unit, attached to the Ministry of Social Affairs and Labour, was set up by virtue of Ministerial Order No. 28 of 2000. It notes the Government’s information that this Unit is composed of: (1) an Apprenticeship Department which is competent, amongst others, for assisting working children to obtain opportunities for occupational rehabilitation, apprenticeship, and the development of skills; (2) a Unit on Working Children which is competent, inter alia, for adopting measures to ensure that the minimum age is respected when a child is employed; and (3) a Protection of Working Children Unit which is competent for reducing the exploitation of children in hazardous work and for monitoring workplaces employing children illegally. The Committee notes the Government’s information that some of the most important activities carried out by the Child Labour Unit from 2002 until June 2005 concern: (a) the training of child labour inspectors and inspections in workplaces, including the agricultural sector; (b) a working team targeting occupational safety and health; (c) various meetings addressing the issues of reducing child labour, removing children from hazardous work, and reducing drop-out rates in schools; (d) numerous awareness-raising training sessions and workshops in different governorates on the harmful effects of child labour and on hazardous work and activities; (e) the dissemination of information and publications on the issue of combating child labour and the activities of the Child Labour Unit; (f) issuing regulations on types of hazardous work prohibited for children under 18 years. The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and on the results attained.

Article 2, paragraph 1. 1. Scope of the application. In its previous comments, the Committee had noted that, by virtue of sections 2 and 3(1) of the Labour Code, this text applies to any man, woman or young person working for an employer, under his/her supervision even if not within his/her sight, in consideration of a wage, under a written or unwritten contract of employment. It had also noted that section 3(2) of the Labour Code excludes from its scope of application the following activities: casual workers; household servants and workers of equivalent status; persons employed in agriculture and pastoral work other than: (a) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products; (b) persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works; or (c) persons working in livestock husbandry. The Committee had also observed, under Article 4, of the Convention, that section 53 of the Labour Code provides for the exclusion of "young persons working with their family under the supervision of the head of the family". It had asked the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. It had also requested the Government to provide information on the measures taken or envisaged to ensure that casual workers, household servants and the like, and all persons employed in agricultural and pastoral work benefit from the protection laid down in the Convention.

The Committee notes the Government’s information that regulations identifying tasks from which the employment of children under 18 is prohibited were promulgated by virtue of a Ministerial Order of 2004. Section 5 of these regulations states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee also notes the Government’s information that the text of these regulations applies to all employers, including employers of family enterprises. It notes that, according to the Government, the current exemptions shall be amended in the amendments to the Labour Code and the Child Rights Law. Moreover, categories excluded from the scope of application of the Labour Code, especially domestic workers, were taken into account when preparing the draft amendments to the Labour Code. The Committee requests the Government to provide a copy of the regulations promulgated by virtue of the Ministerial Order of 2004. It also requests the Government to provide information on any development with regard to the adoption of the draft amendments to the Labour Code, in particular concerning the categories formerly excluded from its scope of application by sections 3(2) and 53. The Committee finally asks the Government to provide information on any relevant impact of the enforcement of the regulations of 2004 on reducing the number of children under 15 working: (a) as self-employed workers; (b) in family enterprises; (c) as casual workers; (d) as household servants; and (e) in agricultural and pastoral work. It also asks the Government to provide information on the abovementioned categories, in particular with regard to their age, number and the types of work they undertake, as well as their involvement in types of hazardous work.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously noted that section 133 of the Yemeni Child Rights Law of 2002 provides for a general minimum working age of 14 years, and a minimum working age of 15 years in industrial work. It had also noted that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification. The Committee notes the Government’s statement that it had set down a minimum age higher than that announced when it ratified the Convention which is 14 years, because the Constitution of Yemen specifies that basic education is compulsory until the age of 15 years. The Committee also notes the Government’s information that, according to section 5 of the regulations approved by Ministerial Order of 2004, the minimum age for admission to employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee requests the Government to indicate whether section 5 of the regulations issued by virtue of Ministerial Order of 2004, generally establishing 15 years as the minimum age for admission to work, repeals and replaces section 133 of the Yemeni Child Rights Law of 2002.

Article 2, paragraph 3. Compulsory education. The Committee had previously requested the Government to provide information on the measures taken to improve the enrolment of children, especially girls, in basic education, and on the achievements of the nationwide programme implemented by the Ministry of National Education to provide working children with access to education. The Committee notes the Government’s information that, according to section 81 of Act No. 45 of 2002, relating to the rights of the child, basic education is compulsory and provided free by the State. It also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/129/Add.2 of 3 December 2004, paragraphs 211-240), a number of initiatives have been taken in order to improve the enrolment of children in basic and secondary education and eradicate illiteracy, such as: increasing the number of basic and secondary schools; elaborating strategies for literacy and for girls’ education; providing admission to general education to children deprived of a family environment (Ministerial Decree No. 407 of 1999); modernizing the education process; prioritizing education in the Government’s expenditure; focusing on poverty alleviation; strengthening vocational training and technical education. It notes that, according to the same source, the findings of the Periodic Education Survey of 2000-01 indicate that the proportion of female students in the basic stage amounts only to 36 per cent (while the proportion of boys amounts to 64 per cent). Furthermore, 42 per cent of girls in the 6-15 age group are not enrolled in education. The Committee requests the Government to continue providing information on the measures taken to improve the enrolment of children, especially girls, in basic education.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that, by virtue of section 49(4), of the Labour Code, it shall be prohibited to employ young persons (i.e. under 15 years) in hazardous work. The Committee notes with interest the Government’s information that, by virtue of section 4 of the regulations issued with the Ministerial Order of 2004, no person under 18 years may be accepted for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee asks the Government to indicate whether the regulations of 2004 repeal section 49(4) of the Labour Code.

Article 3, paragraph 2. Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that section 21 of the regulations of 2004 on hazardous work specifies that employers may not employ children under 18 years in types of hazardous work. Section 21 also lists 57 types of hazardous work, which are prohibited for children under 18 years. The Committee asks the Government to provide a copy of the list thereof with its next report.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously observed that, according to the Labour Code, it appears that a child under 15 years of age may undertake an apprenticeship. The Committee notes the Government’s information that, by virtue of section 112 of the Labour Code, the period spent by an apprentice is calculated as part of his effective service if he stays on in the work with an employer for a minimum period of two years. A certificate of industrial apprenticeship shall be issued by the Ministry of Labour or one of its offices to the apprentice when he/she finishes the period of apprenticeship. However, the Committee notes that the Government’s report contains no information regarding the minimum age for admission to apprenticeship. The Committee once again reminds the Government that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. It requests the Government to indicate what the minimum age is for admission to apprenticeship. If no age is fixed in the Labour Code for apprenticeship, the Committee once again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee notes the Government’s information that section 6 of the regulations of 2004 states that the exemption of employment or work of persons between 13 and 15 years may only be authorized in accordance with the following conditions: (a) it constitutes light work; (b) work shall not be harmful to their health, moral or physical development; and (c) the work of children shall not prevent them from attending school, or participate in guidance programmes or vocational training, nor weaken their capacity to benefit from education. The Committee notes the Government’s information that section 137 of the Child Rights Law sets up conditions for working children, including working hours, that shall not exceed six hours. Moreover, a working child shall not stay at the workplace for a period exceeding seven hours per day. The Committee observes that work performed by a child for six hours per week could easily prejudice his/her attendance at school or participation in vocational orientation or training programmes, and therefore may not be considered as light work pursuant to Article 7, paragraph 1, of the Convention. It also notes that the activities constituting light work do not appear to be determined in the regulations of 2004 nor in the relevant legislation. The Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In this regard, the Committee also draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 13(b) states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day, and for leisure activities. The Committee, accordingly, requests the Government to take the necessary measures to ensure that the competent authority determines what is light work and prescribes the number of hours during which, and the conditions in which, such employment or work may be undertaken, in conformity with Article 7 of the Convention. The Committee trusts that, in determining light work, the Government will take into consideration Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146).

Article 9, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and sections 28-41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee also notes the Government’s information that the Ministry of Labour’s Plan for 2006 includes labour inspections and the imposition of penalties specified in the Labour Code and its complementary regulations. The Committee asks the Government to provide a copy of the regulations on penalties for persons who violate the provisions of the Labour Code. It also asks the Government to provide further information on the 2006 Plan of the Ministry and its impact on the application of the penalties in practice.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 51 of the Labour Code provides that employers shall keep a record of young persons (i.e. under 15 years of age), indicating their names, age, and date of entry into service. The Committee had recalled that, by virtue of Article 9, paragraph 3, of the Convention, the registers of employment to be kept by employers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that the register of employment includes all workers under 18 years of age.

Part V of the report form. The Committee had previously expressed its concern at the situation of children as young as 6 found working. It had noted that 13 per cent of 10-year-old children and 20.3 per cent of 14-year-old children work. Children mostly work with the family (87 per cent of children aged 10-14), a few are employees (5 per cent) or self-employed (4 per cent). It had noted that child workers aged 6-9 years work five hours a day and children aged 10-14 years work around six hours a day. The Committee notes the Government’s information that, in the field of child labour inspection, a survey was carried out on children working in the worst conditions. As a result of the inspections, 101 children benefited from a reduction in their working hours; 545 children were transferred to light work; 341 children were returned to school and 16 transferred to vocational training. It notes the Government’s information that inspections were also conducted in the agricultural sector. In particular, 671 girls/boys and their families were visited. Guidance and advice were provided on the harmful effects of employing children in pesticide spraying; 133 children benefited from medical examinations; 52 children benefited from receiving medical treatment after their transfer to health centres. The Committee strongly encourages the Government to continue its efforts to bring its practice in line with the new legislation and the Convention. It requests the Government to continue supplying information on the manner in which the Convention is applied, including statistical data by age bracket on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children.