Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Yémen (Ratification: 2000)

Articles 3 and 6 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children and programmes of action. The Committee previously noted that according to section 26 of Ministerial Order No. 11 of 2013 (Ministerial Order No. 11), any person who buys, sells or disposes of a child under the age of 18 years for exploitation shall be sentenced to imprisonment for a minimum period of ten years and for a maximum period of 15 years. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of February 2014, expressed serious concern that Yemen is a source country for children trafficked to neighbouring countries, in particular Saudi Arabia. The CRC further expressed concern at the cases of trafficking of girls for the purpose of sexual exploitation under the guise of so called “tourism marriages” or “temporary marriages” as well as for the purposes of prostitution in hotels and clubs within the country (CRC/C/YEM/CO/4, paragraph 81). Furthermore, the Committee notes from a report of the United Nations Office on Drugs and Crime of July 2018 that, in Yemen, children are usually trafficked to the Gulf States as well as from rural to urban areas for the purposes of forced labour or sexual exploitation. The Committee urged the Government to take the necessary measures to combat trafficking in children, and to ensure that thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children and that sufficiently effective and dissuasive sanctions are imposed.

The Committee notes the Government’s information in its report that the activities of the National Technical Committee to combat trafficking of children and stepping up of security and surveillance measures in border areas have helped in narrowing the scope of trafficking of children, particularly cross-border infiltration from Yemen to Saudi Arabia. The Government further indicates that the Ministry of Interior has foiled many cases of trafficking of children, and has arrested those suspected of trafficking of persons at points of entry by land, sea and air and referred them to the judiciary. The Committee requests the Government to provide information on the number of cases of trafficking of children dealt by the Ministry of Interior as well as the number of perpetrators arrested and brought to justice. It also requests the Government to provide information on the practical application of section 26 of Ministerial Order No. 11 indicating the number of investigations, prosecutions, convictions and penal sanctions applied for the offences related to the trafficking of children. It further requests the Government to provide detailed information on the activities undertaken by the National Technical Committee to combat trafficking of children in preventing and combating trafficking of children and the results achieved.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Conference Committee in 2014 noted with serious concern the high number of children engaged in child labour in the country, the majority of whom were employed in hazardous occupations, including agriculture, the fishing industry, mining and construction. The Conference Committee requested the Government to strengthen the capacity and expand the reach of the labour inspectorate in enforcing Ministerial Order No. 11 on hazardous work prohibited to children under the age of 18 years, including in rural areas. In this regard, the Committee noted the Government’s indication that no convictions or penalties were issued against persons found in violation of the Order due to the prevailing political situation in the country and that the provisions of Ministerial Order No. 11 had not yet been put into effect since the child labour monitoring unit was encountering difficulties in carrying out its tasks due to security reasons as well as a lack of financial resources and qualified personnel. It further noted the Government’s statement, in its report under the Labour Inspection Convention, 1947 (No. 81), that financial resources were limited due to the impact of the war and that the Government was facing a difficult economic situation. The Committee urged the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention.

The Committee notes the Government’s statement that it has taken measures to strengthen the capacities of labour inspectors and carry out inspection visits, even in the unregulated sector. However, these efforts have been stopped due to the current war. While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist. It once again urges the Government to take the necessary measures to put into effect Ministerial Order No. 11 of 2013, without delay and to ensure that persons who infringe the provisions of this Ministerial Order are prosecuted and that sufficiently effective and dissuasive sanctions are applied. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 6. Programmes of action. Trafficking. In its previous comments, the Committee noted the establishment of a National Technical Committee for Combating Human Trafficking. It requested the Government to provide information on the activities of this National Committee in preventing and combating trafficking of children and the results achieved.

The Committee notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), concerning the responsibilities of the National Technical Committee for Combating Human Trafficking. The Committee also notes the Government’s information that it has formulated a plan of action to combat trafficking of children which focusses on reviewing legislation to ensure the criminalization of those involved in the trafficking of children; developing measures to ensure care and compensation to child victims of trafficking; strengthening the investigation and judicial follow-up of cases involving trafficking of children; and implementing awareness-raising programmes in regions where children are vulnerable to trafficking. However, the Committee notes the Government’s indication that the implementation of this action plan has been hindered due to war. The Committee requests the Government to take the necessary measures to ensure the effective implementation of the action plan to combat trafficking of children. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(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. Trafficking. In its previous comments, the Committee noted the information from a report from the International Organization for Migration (IOM) that approximately 13 per cent of the cases of trafficking identified by the IOM in 2015 were children. Among the victims of trafficking for sexual exploitation, nearly one in five were children, and among the victims trafficked for labour, 4 per cent were children. This report further indicated that the IOM has offered its support to the Government in areas including victim protection and prevention activities focusing on child exploitation and capacity-building. The Committee requested the Government to provide information on the measures taken to prevent children from becoming victims of trafficking and to remove them from this worst form of child labour, as well as the specific measures taken with support from the IOM.

The Committee notes the Government’s information that in collaboration with the Aden Office of the IOM, the Government implemented a four-day training course on guidelines for the care and protection of victims of trafficking. This training was provided to 30 employees of the Coastguard Authority, Department of Public Security and Office of Health and Population in the governorates of Aden and Lahij. The Committee requests the Government to continue to provide information on the effective and time-bound measures taken to prevent children from becoming victims of trafficking and to remove them from the worst form of child labour. It also requests the Government to provide information on the specific measures taken for the rehabilitation and social integration of these children, and to supply information on the number of victims of trafficking under the age of 18 who have been identified and have received rehabilitative assistance, shelter and other services.

Clause (d). Identify and reach out to children at special risk. Internally displaced and migrant children. The Committee previously noted from the UNICEF report entitled Falling through the Cracks: The Children of Yemen, March 2017, that there are an estimated 1.6 million internally displaced children and returnees in Yemen. It also noted from a report of the IOM that in 2016, an estimated 107,000 migrants and refugees, including children, came from the Horn of Africa to Yemen, despite wide-scale conflict. The report further indicates that many of the victims of trafficking identified by the IOM in 2016, were child migrants. The Committee urged the Government to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the Government’s information that the continuing flow of migrants and asylum seekers from the Horn of Africa, including children, is a major challenge for the Government which has social and economic implications and leads to exploitation, including trafficking of persons. Considering that internally displaced and migrant children are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour, and to provide information on the measures taken in this regard and on the results achieved.