Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Yemen (Ratificación : 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that section 148(1) of the Code of Offences and Penalties, No. 12/1994, and section 164 of the Child Rights Act, No. 45/2002, both deal with the sale and trafficking of children, and requested the Government to supply a copy of both pieces of legislation. The Committee notes the Government’s statement that the Child Rights Act will be sent subsequently, and observes that the Code of Offences and Penalties is not attached.

The Committee notes the information in the Government’s written reply of 7 August 2009 to the list of issues of the Committee on the Rights of the Child (CRC), in connection with the consideration of its initial report submitted for Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OP-SC), that draft amendments to the Code of Offences and Penalties were submitted concerning the sale of children, and that these draft laws were approved by the Cabinet and submitted to the House of Representatives for consideration and adoption. The Committee also notes that this draft law includes section 248 prohibiting the buying, selling or making a gift of a person, or bringing a person in or out of a country for those purposes. The Committee further notes that 248(b) of the proposed amendment provides for a harsher sentence when the victim is under 18 years of age. The Committee requests the Government to supply a copy of the Child Rights Act along with its next report. It also requests the Government to supply a copy of the draft amendments to the Code of Offences and Penalties, as soon as they are adopted by the House of Representatives.

2. Compulsory recruitment of children and forced or compulsory labour. In its previous comments, the Committee noted that section 2 of the Compulsory National Service (Defence) Act and section 4 of the General Reserve Act set the minimum age for military service at 18 years, and requested copies of these Acts. The Committee notes the Government’s statement that the Compulsory National Service (Defence) Act and the General Reserve Act have not been submitted, as the obligatory national defence service has been frozen since 2000, pursuant to the Decision promulgated by the High Council for National Defence. The Committee also notes that in the engagement of children in armed conflict is prohibited, pursuant to section 21 of the Ministerial Order No. 56 of 2004 (supplied with the Government’s report submitted under the Convention on the Minimum Age, 1973 (No. 138)) on the prohibited types of hazardous work for persons under 18. The Committee requests the Government to provide a copy of the Decision promulgated by the High Council for National Defence which freezes the obligatory National Defence Act.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted the Government’s information that section 279 of the Code of Offences and Penalties provides that whoever induces a person to become a prostitute or to commit an act of debauchery is guilty of an offence and that section 163 of the Child Rights Act prohibits any person from inciting a boy or a girl to practice debauchery or prostitution. The Committee again observed that the Yemeni legislation does not appear to prohibit the use of a child under 18 years of age as a prostitute. The Committee notes the Government’s statement that it “does not authorize pornographic work or prostitution for adults, let alone young persons, be they male or female”. The Committee also notes that section 8(a) of the Ministerial Order No. 56, prohibits the use, employment or exposing of a person under 18 for the purpose of prostitution and that section 28 of this Act provides for penalties, notwithstanding harsher penalties that exist in other legislation.

2. Pornography. In its previous comments, the Committee asked the Government to confirm that the use, procuring or offering of both girls and boys under 18 years for the production of pornography or for pornographic performances is prohibited under section 147 of the Child Rights Act, which provides that the State shall protect children against prostitution and immoral activities. The Committee notes the Government’s statement that it does not authorize pornographic work for young people, and that this is specified in both the Childs Rights Act as well as in the Code of Offences and Penalties.

The Committee notes the information in the Government’s written reply to the list of issues of the CRC, in connection with the consideration of its initial report under the CRC OP-SC, that included in the draft amendment to the Code of Offenses and Penalties is section 262(7) on child pornography. The Committee also notes that this draft amendment prohibits the reproduction of a photograph, drawing, or the name of a child under the age of 18 in any publication or information or advertising medium for the purpose of pandering to sexual desires or for the purpose of inviting, inciting or encouraging others to engage in immoral and indecent acts, with harsher penalties if the photograph or drawing shows the child’s genitalia (CRC/C/OPSC/YEM/Q/1/Add.1 page 11). The Committee further notes that section 8(a) the Ministerial Order No. 56 prohibits the use, employment or exposing of a person under 18 for the purposes of the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that section 2 of the Narcotics Act, No. 3/1993, prohibits the use of a person to produce, import, export, buy or sell illicit drugs, and requested a copy of this Act. The Committee notes that section 8(c) the Ministerial Order No. 56 prohibits the use or employment of a child to perform illegal activities, particularly the trafficking of drugs. The Committee again requests the Government to supply a copy of the Narcotics Act with its next report.

Clause (d). Hazardous work. The Committee had previously noted that sections 2 and 147 of the Child Rights Act provide that the State shall protect children under 18 years of age from economic exploitation. However, the Committee noted that while section 4 of the Ministerial Order No. 56 specifies that no person under 18 years may be accepted for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, sections 2 and 49(4) of the Labour Code No. 5 of 1995 prohibit the employment of a young person under 15 years of age in arduous work, harmful industries or work that is socially damaging. Recalling that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety and morals of young persons, is considered to be one of the worst forms of child labour, and is consequently forbidden for children under 18 years of age, the Committee requested the Government to take the necessary measures to remedy this contradiction. The Committee notes the information in the Government’s report that the forthcoming amendments to the Labour Code take into account the Committee’s observation on this contradiction. The Committee trusts that these forthcoming amendments will prohibit the employment of children under 18 years in hazardous work and encourages the Government to take the necessary measures to ensure that these draft amendments to the Labour Code are adopted in the near future.

2. Self-employed workers. The Committee previously noted the Government’s indication that it had taken into consideration the Committee’s comments in the draft amendments to the Labour Code, with regard to the application of the Convention to labour relations which do not result from the establishment of an employment contract, such as self-employed workers, for workers under 18 years of age. Noting the Government’s statement that it will send a copy of the Code as soon as it is adopted, the Committee again urges the Government to take the necessary measures to ensure the adoption of the draft amendment to the Labour Code concerning self-employed workers in the near future.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. In its previous comments, the Committee asked the Government to provide a copy of the list of 57 types of hazardous work which are prohibited for children under 18 years. The Committee notes with interest that that section 21 of the Ministerial Order No. 56 prohibits any employer to employ a person under 18 years of age in hazardous work, and contains a comprehensive list of 57 types of prohibited work.

Article 5. Monitoring mechanisms. The Committee refers to its observation made in 2008 under the Labour Inspection Convention, 1947 (No. 81), in which it noted the information that a Decent Work Country Programme was launched in August 2008, prioritizing the establishment of an efficient labour inspection system. This programme includes a focus on areas of labour inspection that target the worst forms of child labour.

The Committee notes the information in the ILO–IPEC Final Technical Progress Report (ILO–IPEC TPR) for the project “Supporting the national policy and programme framework (NPPF) for the elimination of the worst forms of child labour (WFCL) in Lebanon and Yemen” (ILO–IPEC Project to support the NPPF) released on 15 August 2008 according to which several initiatives focusing on capacity building of national institutions to implement policies and programmes to eliminate the WFCL and to enforce legislation have been undertaken. These include the provision of training on the Ministerial Order No. 56 to labour inspectors, NGOs, police officers, Imams in mosques, in addition to training for 100 teachers on the teachers’ guide to combat child labour. The Committee also notes the information in the ILO–IPEC TPR that the three child rehabilitation centres (in Sana’a, Aden and Seyoon) have developed their own monitoring systems focusing on working children in various sectors, with social workers meeting regularly with parents of working children, in addition to follow up meetings with schools and other measures to ensure that children are withdrawn from hazardous work.

Despite these measures, the Committee notes that, according to a 2007 report on findings on the worst forms of child labour in Yemen, available on the United Nations High Commissioner for Refugees’ web site (www.unhcr.org) while the Child Labour Unit of the Ministry of Labour and Social Affairs (MoSAL) has 20 child labour monitors throughout the country, these inspectors can no longer perform site visits because their travel budget has been eliminated. This information also indicates that the enforcement of the legislation concerning child labour is limited due to a lack of resources in both urban and rural areas, and that violations are rarely reported. The Committee urges the Government to take measures to ensure adequate monitoring of children engaged in hazardous work, including sufficient support for the Child Labour Unit. It also requests the Government to provide information on the impact of the ILO–IPEC programme “Supporting the national policy and programme framework for the elimination of the worst forms of child labour in Lebanon and Yemen” on the enforcement of legislation concerning child labour.

Article 6. National plan of action. 1. National action plan on trafficking. The Committee notes the Government’s indication in its report to the CRC on the CRC OP-SC of 19 February 2009 that a technical committee on child trafficking was established, with members representing various relevant governmental and non-governmental organizations. The Committee notes that this technical committee’s tasks include the adoption of a national action plan on child trafficking, which has been drafted and will be circulated among the relevant institutions for action (CRC/C/OPSC/YEM/1 paragraph 80). The Committee encourages the Government to adopt this national action plan when it is completed, and requests the Government to provide information on any developments in this regard.

2. National policy and programme framework for the elimination of the worst forms of child labour. The Committee previously noted ILO–IPEC Project to support the NPPF project. The Committee notes the information in the
ILO–IPEC TPR, that many action programmes have been undertaken under this project, including:

–           enhancing the capacity of the Child Labour Unit at the MoSAL to be able to support the implementation of the national policy and programme framework for the elimination of the worst forms of child labour;

–           enhancing the capacity of the Ministry of Education to increase the attendance, retention and performance rates of working children in the primary education system;

–           developing a sustainable media campaigns against worst form of child labour;

–           designing a vocational curriculum for the rehabilitation of working children;

–           enhancing the capacity of the child labour unit of the Federation of Chamber of Commerce and Industry with regard to children in the worst forms of child labour; and

–           enhancing the capacity of the General Federation of the Workers Trade Unions in combating the worst forms of child labour.

The Committee notes the indication in the ILO–IPEC TPR that the action programmes taken through this project have achieved the majority of their stated objectives. The Committee requests the Government to provide information on any new action programmes taken within the framework of the national policy and programme framework for the elimination of the worst forms of child labour, and the results obtained.

Article 7, paragraph 1. Penalties. The Committee previously noted that, according to the report entitled “Understanding children’s work in Yemen” (ILO/UNICEF/World Bank, March 2003, paragraph 70), compliance with child labour laws is very low and legal sanctions rarely applied, and requested the Government to provide information on the practical application of legislative provisions concerning the worst forms of child labour. The Committee notes the Government’s statement that there are currently no statistics on infringements available, but that in preparation for a survey on child labour, the number of infringements, trials, investigations, convictions and penal sanctions may be taken into account. The Committee urges the Government to include such indicators in this survey, and when available, provide information on the number of infringements reported, as well as the number of investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 
1. Trafficking. The Committee notes the information in the Government’s report to the CRC on the OP-SC of 19 February 2009 that two reception centres have been established for children who have been smuggled out of the country and repatriated by neighbouring States, and that action has been taken to return such children to their families. The Committee notes that these reception centres received 386 repatriated children in 2005, 873 repatriated children in 2006 and 603 repatriated children in 2007 (CRC/C/OPS/YEM/1 paragraphs 76 and 137). The Committee notes the information in the Government’s written reply to the list of issues of the CRC, in connection with the consideration of its initial report under the CRC OP-SC, that at these centres, victims are provided with medical, psychological, legal and educational services, in addition to follow-up services to facilitate their reintegration with their families. The Committee notes that approximately 90 child victims of smuggling in three governorates – Hujjah, Hudaydah and Muhwayt – benefited from this follow-up care, with 15 children per month receiving such care from April to September 2009. The Committee requests the Government to continue to provide information on measures taken to remove and rehabilitate child victims of trafficking, as well as the number of children who benefitted from these services.

2. Hazardous work. Following its previous comments, the Committee notes the information in the ILO–IPEC TPR that the action programmes implemented under the umbrella of the ILO–IPEC Project in support of the NPPF included initiatives focusing on the removal of working street children (with rehabilitation and educational services) in Sana’a, the removal and rehabilitation of children working in the fisheries in Aden, and the withdrawal, rehabilitation and prevention of rural child labour in Hadhramout, Seyoon. The Committee notes that by May 2008, the Sana’a Rehabilitation Centre had withdrawn 1,077 street children, and prevented another 1,011 children from engaging in street work, the Aden Rehabilitation Centre had withdrawn 341 children working in the fisheries, and prevented another 120 children from engaging in fisheries, and the Seyoon Rehabilitation Centre had withdrawn 178 working children from rural child labour, and prevented another 549 children from engaging in this work. The Committee requests the Government to continue to provide information on these, and similar action programmes, on the prevention, removal and rehabilitation of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 
1. Commercial sexual exploitation of children. The Committee urged the Government to make the effort to undertake research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen, so as to have the necessary information to take effective and time-bound measures to identify and reach out to children at special risk, pursuant to Article 7(2)(d). The Committee notes the Government’s statement that this information will be available following its survey on child labour.

2. Construction, car repair workshops and machine welding. The Committee previously noted the Government’s statement that children working in car repair workshops and machine welding do not perform hazardous work because there are laws and regulations which regulate that work, as well as penalties for persons who violate these provisions. The Committee requested the Government to provide a copy of these laws and regulations, in addition to information on the penalties prescribed in case of violations of those provisions. The Committee notes the Government’s indication that the Ministerial Decree No. 50 of 1996 prescribes penalties for violations of the provisions of the Labour Code. The Committee requests the Government to provide a copy of the Ministerial Decree No. 50 of 1996.

Clause (e). Special situation of girls. In its previous comments, the Committee noted the low rates of school enrolment of girls aged 6–15 years in education. It noted that the Basic Education Development Project, funded by the World Bank, aims to assist Yemen in expanding the provision of quality basic education to all (grades 1–9) with special attention on gender equity. The Committee requested the Government to provide information on its efforts to ensure that school-age girls attend and remain in school and on the results achieved.

The Committee notes the Government’s statement that the Government has prepared a national strategy on the education of girls. This strategy focuses on supporting and encouraging families to educate their female children, and on preventing girl children from dropping out of school. The Committee also notes the information in the ILO–IPEC TPR that a National Action plan for children aged 6–14 years (part of the Childhood and Youth Strategy that was prepared in February 2006) includes a focus on increasing qualified female teachers in rural areas and creating demand for girls’ education. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that girls attend and remain in school. The Committee also requests the Government to provide information on the impact of the national strategy on the education of girls on preventing the engagement of girls in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information on sexual offences involving minors in its written reply to the list of issues of the CRC, in connection with its report on the CRC OP-SC that ten persons were convicted of maintaining a bawdy house in 2007 (CRC/C/OPSC/YEM/Q/1/Add.1 page 10). The Committee also notes the indication in this report that, in 2006, 69 persons were caught in the act of child smuggling, and this figure rose to 445 persons in 2007 and 435 in 2008 (CRC/C/OPSC/YEM/Q/1/Add.1 page 4). However, the Committee notes the information in this report on the number of prosecutions of child smuggling appear to be much lower; this report indicates that the number of persons brought before the Office of the Public Prosecutors after being caught engaging in child smuggling was 31 persons in 2006 and 2007 and 17 persons in 2008. The Committee expresses its concern at the apparent weak enforcement of penalties with regard to child trafficking indicated by this disparity between the number of persons found to be engaging in child smuggling, and the number of persons brought before the Office of the Public Prosecutor on this charge. The Committee urges the Government to redouble its efforts to ensure the effective application in practice of the penalties concerning human trafficking. It requests the Government to provide information on measures taken in this regard.