Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Yemen (Ratification: 2000)

1. Tripartite consultations required by the Convention. The Committee notes the Government’s reports received in October 2005 and September 2006. In reply to the Committee’s 2003 direct request, the Government indicates that, in view of the lack of meetings convened by the Labour Council, the Ministry of Social Affairs and Labour prepared a new draft Bill for the organization of its work. The Bill was submitted to the Minister of Social Affairs and Labour for approval and to the Council of Ministers for information and promulgation. The Government further indicates that consultations were held to discuss proposed amendments to the Labour Code, which had been prepared by an ILO expert, but the work was not carried through, as meetings of the Labour Council were not held. The Committee notes again that the Government has not provided the information requested on the consultations held on the matters covered by the Convention. It asks the Government to provide substantive information in its next report on the consultations held on all the items covered by the Convention, as specified in Article 5, paragraph 1, of the Convention, including information on the nature of any reports or recommendations made as a result of the consultations. Please also include information on the frequency of such consultations.

2. Free choice of representatives and equal representation. In reply to the Committee’s previous direct request, the Government indicates that the General Federation of Chambers of Industry and Commerce represents the employers’ organizations of the country, while the General Federation of Yemeni Workers’ Trade Unions is the most representative workers’ organization. The Government indicates that these two organizations are represented on an equal footing in a number of consultative bodies, including the Labour Council. While taking due note of this information, the Committee recalls that the principle of free choice is respected if the organizations themselves appoint their representatives directly (paragraph 44 of the 2000 General Survey on tripartite consultation). It further recalls that the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse. The Committee therefore hopes that the Government’s next report will contain more detailed information on how the representatives of workers and employers are chosen for the procedures provided for in the Convention (Article 3).

3. Administrative support and training. The Committee previously noted that administrative support was provided through consultations and meetings. It would appreciate receiving updated information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention and information on the arrangements made or envisaged for the financing of any necessary training of participants on the consultative procedures (Article 4, paragraphs 1 and 2).

4. Operation of the consultative procedures. The Government indicates that, in spite of the meetings which were held with the social partners, it was not possible to prepare a report. It further states that there are minutes of the meetings and encounters held with the social partners. The Committee invites the Government to supply, with its next report, copies or extracts of the minutes of the meetings held with the social partners in as much as they refer to issues concerning ILO activities listed in the Convention. It hopes that the Government will also be in a position to indicate, in its next report, whether consultations were held on the working of the procedures covered by the Convention (Article 6).