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

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. In its previous comments, the Committee noted the work of the Child Labour Unit (CLU) attached to the Ministry of Social Affairs and Labour (MoSAL), and noted that a strategy for childhood and young persons has been adopted, including measures to develop a comprehensive monitoring system for child labour. The Committee requested the Government to provide further information on national policy measures taken to eliminate child labour.

The Committee notes the information in the ILO–IPEC final technical progress report 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 TPR) released 15 August 2008, that the CLU has taken an active role in mainstreaming child labour issues in government policies. The Committee notes that child labour issues are addressed in the Government’s third Five-Year Plan for Socioeconomic Development (2006–10) and the National Poverty Reduction and Childhood and Youth Strategy. The Committee also notes that the NPPF includes measures to raise awareness on the issue of child labour by the Ministry of Youth and Sports, the Ministry of Education and the Ministry of Information, including radio and TV advertisements on the subject, the release of a CD with anti-child labour songs, the distribution of anti-child labour posters, and the training of 100 teachers in five governorates on the teacher’s guide to combating child labour. The Committee further 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 OPSC) that the CLU continues to raise awareness on child labour issues, including the initiative “Day without work” focusing on rights awareness and granting children the freedom to play, in addition to an awareness programme on the consequences of dropping out of school, and briefings for local authorities about the Government’s role in curbing child labour (CRC/C/OPSC/YEM/Q/1/Add.1, pages 19–20). The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, as well as information on the results obtained.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers are excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, household servants and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. The Committee also noted the government indication that the current exemptions in the Labour Code would be addressed in forthcoming amendments to the Labour Code and the Child Rights Law, taking into account the Committee’s comments. The Committee further noted that the Government’s indication that section 5 of the Ministerial Order No. 56 of 2004 (Ministerial Order No. 56) states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. Additionally, the Committee noted the information in the Government’s report that the text of these regulations applies to all employers, including employers of family enterprises. The Committee requested the Government to provide information on the forthcoming amendments to the Labour Code. The Committee also requested the Government to provide a copy of the Ministerial Order No. 56, and to provide information on the impact of its enforcement on reducing the number of children under 15 working in the categories of workers excluded from the scope of application of the Labour Code.

The Committee notes the Government’s indication that a draft amendment to the Labour Code has been formulated, and that following reviews by the Ministry of Legal Affairs and the MoSAL, this amendment will be sent to the Council of Ministers, who will then send it to the House of Councillors. The Committee also notes the copy of the Ministerial Order No. 56 of 2004 submitted with the Government’s report, and notes that this regulation does not contain provisions excluding categories of workers, as in the Labour Code. The Committee further notes the Government’s statement that it is commencing a survey on working children, in collaboration with the ILO and that it will communicate to the Committee detailed information on self-employed workers, workers in family enterprises, casual workers, domestic workers and agricultural workers following the completion of this survey.

The Committee encourages the Government to continue its efforts to ensure the adoption of the amendments to the Labour Code and requests the Government to provide information on any new developments in this regard, in particular concerning the categories of workers excluded from the scope of application of the Labour Code by virtue of sections 3(2) and 53. The Committee also requests the Government to provide a copy of the amended Labour Code, when it is adopted. The Committee further requests the Government to provide information from the survey on working children, particularly with regard to self-employed workers, workers in family enterprises, casual workers, domestic workers and agricultural workers, when such information is available.

Article 2, paragraphs 1 and 2. Minimum age for admission to employment or work. The Committee previously noted that section 5 of the Ministerial Order No. 56 states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years, while section 133 of the Yemeni Child Rights Law of 2002, establishes the general minimum age for admission to work at 14 years. Noting the Government’s information that an amendment modifying the minimum age for working children was in preparation, the Committee encouraged the Government to adopt legislation addressing this contradiction.

The Committee notes the Government’s statement that it has submitted the draft amendments to several laws relating to the minimum age to the House of Councillors, in application of the provisions of Conventions ratified by Yemen. Noting that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification, the Committee draws the attention of the Government towards the possibility of raising the minimum age by notifying the Director-General of the ILO in virtue of Article 2(2) of the Convention. The Committee expresses the hope that the draft amendment which modifies the general minimum age in the relevant Acts will be adopted in the very near future, and requests the Government to provide a copy of this legislation once adopted.

Article 2, paragraph 3. Compulsory education. The Committee previously noted that the Government’s basic education development strategy (BEDS), as part of the Education for all: fast track initiative, comprised of several measures aimed at increasing the educational opportunities for boys and girls in rural areas. The Committee also noted the establishment of the basic education development project by the World Bank, which aims to assist Yemen in expanding the provision of quality basic education to all (grades 1–9), with special attention to gender equity. Recalling the importance of education for the abolition of child labour, the Committee asked the Government to continue to provide information on the measures taken to improve the enrolment of children, especially girls, in basic education.

The Committee notes the Government’s statement that it works to apply the provisions of the Constitution, which relate to compulsory education, by virtue of which no child under the age of 14 shall be in the labour market. The Committee also notes the information in the World Bank project information document concerning the project “Education for all: fast tract initiative catalytic fund (Phase III)”, of July 2009 (WB PID), that educational development is a main strategic object of the Government’s Third Five-Year Plan (2006–10), and that educational expenditures continue to be prioritized in the national budget (ranging over the last decade from 14–21 per cent). The WB PID indicates that through the BEDS, the Government has taken several initiatives to increase enrolment rates, such as the abolition of school fees for girls in grades 1–6 and for boys in grades 1–3, starting in September 2007, and that enrolment rates continue to rise.

However, the Committee notes the indication in the WB PID that there remains a significant gap in the gross enrolment rate for basic education for girls and boys; in 2007–08 the overall gross enrolment was 83 per cent for boys and 64 per cent for girls (for an overall gross enrolment rate of 74 per cent). The Committee also notes that this document indicates that the grade 6 completion rate was 49 per cent for girls, 70 per cent for boys and 60 per cent overall in 2006–07. Furthermore, the Committee notes the information in this document that, as of 2005, there was an estimated 1.8 million children aged 6–14 years who were not in school. The Committee expresses serious concern at the number of children, particularly girls, between the ages of 6 and 14, who do not attend school, and requests the Government to redouble its efforts to improve the functioning of the education system, within the framework of the basic education development strategy. The Committee also requests the Government to provide information on measures taken in this respect, and on the impact of these measures, particularly with regard to the enrolment rates of girls and children in rural areas.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee previously noted that section 49(4) of the Labour Code states that it is prohibited to employ a young person under 15 years of age in hazardous work. The Committee noted the Government’s information 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, this section did not repeal the relevant provisions in the Labour Code.

The Committee notes the information in the Government’s report submitted under Convention No. 182 on the Worst Forms of Child Labour Convention, 1999, that the forthcoming amendments to the Labour Code take into account the Committee’s observation on the contradictory provisions in the Labour Code and the Ministerial Order No. 56 concerning the age of admission to hazardous work. The Committee encourages the Government to take the necessary measures to ensure the adoption, in the near future, of the amendments to the Labour Code to prohibit the employment of children under 18 years in hazardous work.

Article 3, paragraph 2. Determination of hazardous work. In previous comments, the Committee asked the Government to provide a copy of the list of the 57 types of hazardous work which are prohibited for children under 18 years. The Committee notes with interest 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 lists 57 types of prohibited work, including work in mining or quarrying, dying leather, work in slaughterhouses, work in the manufacture of explosives, smelting, work with lead, mercury or silicon, work in the manufacture of sodium or rubber and work unloading or loading at ports.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted that the Labour Code does not contain a minimum age for apprenticeships, and noted the Government’s statement that it shall take into account the Committee’s comments on this issue when amending the Labour Code. Noting the absence of information on this point in the Government’s report, the Committee again recalls that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship. The Committee accordingly requests the Government to take the necessary measures to ensure that the amendments to the Labour Code will be in conformity with Article 6 of the Convention. It asks the Government to provide information on any developments in this regard in its next report.

Article 7. Light work. The Committee previously noted the Government’s indication that it would take the Committee’s comments and Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), into consideration in identifying what is light work, in conformity with Article 7 of the Convention. The Committee requested the Government to provide information on measures taken to ensure the adoption of regulations determining the activities that constitute light work, as well as prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee notes the Government’s statement that the Ministerial Order No. 56 requires redrafting, to identify light work in which the employment of children between the ages 13 and 15 is allowed. The Committee notes that section 6 of the Ministerial Order No. 56 states that the exemption of employment or work of persons between 13–15 years may only be authorized if the work is light work, that shall not be harmful to their health, moral or physical development and will not prevent them from attending school, or participate in guidance programmes or vocational training, nor weaken their capacity to benefit from education. The Committee requests the Government to provide a copy of the Ministerial Order No. 56, once redrafted.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee also noted the information in the Government’s report that the MoSAL’s plan for 2006 includes labour inspections and the imposition of penalties specified in the Labour Code, and its complementary regulations. The Committee notes the Government’s statement that a copy of the abovementioned regulations concerning violations to the Labour Code will subsequently be communicated. The Committee once again requests the Government to provide further information on the Ministry of Social Affair and Labour’s Plan for 2006 and its impact on the application of the penalties for the violation of provisions on child labour, in practice. The Committee also requests the Government to send the regulations on the penalties of persons who violate the provisions of the Labour Code in the near future.

Article 9, paragraph 3. Registers of employment. The Committee previously noted that section 139 of the regulations putting into effect the Child Rights Act No. 45 of 2002 (Child Rights Act) states that an employer shall prepare a register which indicates the name of a working child, his guardian, the date on which he/she started work, place of residence and any other data required by the Ministry. Nonetheless, the Committee noted that these provisions did not specify that the employer must indicate the age or date of birth of the workers under the age of 18 employed.

The Committee notes the Government’s indication that the Department on Civil Status and the Civil Registers is responsible for registering all new births and for issuing birth certificates and identity cards (for children who have reached 16 years of age). The Committee also notes the information in the Government’s report that a copy of the regulations putting into effect the Child Rights Act shall be communicated to the Committee in due course. The Committee observes that the Government’s information does not address the employers’ obligation to keep records with workers’ age or birth date. The Committee recalls that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers 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 under 18 years of age. The Committee again requests the Government to ensure that the registers kept pursuant to section 139 of the regulations putting into effect the Child Rights Act contain the ages or birth dates of persons who are less than 18 years of age, in conformity with Article 9(3) of the Convention. The Committee also requests the Government to supply a copy of the regulations putting into effect the Child Rights Act No. 45 of 2002.

Part III of the report form. Labour inspection. The Committee notes the information in the Government’s written reply of 7 August 2009 to the list of issues of the CRC, in connection with the consideration of its initial report submitted for CRC OPSC, that following the promulgation of Ministerial Order No. 56, a total of 5,041 visits have been paid to child workers in their workplaces and fifteen child labour inspectors have been given training. The Committee also notes that, as a result of these visits, 341 child workers have been returned to school and 505 children have been redeployed to light work that is suited to their physical capacities.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that it is undertaking a survey on child labour activities. The Committee notes the information in the ILO–IPEC document “Summary outline for the action programme: Child labour survey and the development of a database on child labour”, that the implementing agency is the Central Statistics Office of Yemen (CSO), in close collaboration with the MoSAL. The Committee also notes that this programme aims to collect information on the character, nature, size, and reasons for child labour in Yemen, and to determine the conditions of work and their effects on the health, education and normal development of the working child. The Committee further notes that the ILO–IPEC programme in support of the child labour survey aims to strengthen the capacity of the CSO to carry out surveys to collect child labour data in the long term, and will include training for staff. In addition, the Committee notes the information in the ILO–IPEC TPR that in 2007 a baseline study on children working in fisheries was conducted in three areas (Fuqum, Amran and Al khaissa), supervised by the Aden Centre for Combating Child Work, and a study was conducted by MoSAL on the effect of girls working with pesticides in the Al Qatin area.

The Committee requests the Government to provide information from the child labour survey, when it becomes available. It also requests the Government to provide information from the abovementioned studies on children working in fisheries and girls working with pesticides, both conducted in 2007. The Committee further requests the Government to provide any additional information on the application of the Convention in practice, including extracts from the reports of inspections services and information on the number and nature of violations detected involving children.