Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Yemen (Ratification: 1976)

The Committee notes the Government's report and the information provided by a Government representative to the Conference Committee in June 1993.

The Committee notes that, despite the assurances given by the Government in its previous report and to the Conference in June 1993, to the effect that it was undertaking a review of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government merely repeats in its report the comments and information provided previously.

Under these conditions, the Committee recalls that for several years its comments have concerned the need to repeal or amend the following legislative provisions:

(a) - the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees);

- the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations);

- the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations),

which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure;

(b) - the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations);

- the prohibition on political activities by trade unions (section 132 of the Labour Code); and

- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code),

which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities;

(c) - the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes),

which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10.

The Committee recalls in this respect that any restrictions or limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on Freedom of Association and Collective Bargaining, paras. 158 and 159);

(d) - the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code),

which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority.

The Committee expresses the firm hope that the Government will be able to supply information in its next report on the measures which have actually been taken to bring all of the above legal provisions into conformity with the requirements of the Convention and, in particular, to adopt the new Labour Code, the draft text of which was prepared with the technical assistance of the Office.