Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Employment Policy Convention, 1964 (No. 122) - Yemen (Ratification: 1989)

1. The Committee notes with interest the Government's first report on the application of the Convention, dated 21 February 1994. It notes that the Government refers to the principles of the right to freely chosen employment without discrimination enshrined in the Constitution, but notes that these principles are not explicitly set out in the new Constitution of November 1994. The Committee also notes the provisions of the Labour Code of 1970 respecting the equal right of all persons to work, but understands that a draft text of a new Labour Code is currently under examination. It would be grateful if the Government would indicate whether new legislative texts provide for freedom of choice of employment and equality of opportunity and treatment in access to employment, in accordance with the provisions of Article 1, paragraph 2(c), of the Convention, and taking into account the comments made by the Committee concerning the application of Conventions Nos. 29 and 111.

2. The Committee notes the data concerning the sectoral distribution of employment and the statement that the country is experiencing a high level of unemployment as a result of the repatriation of a large number of migrant workers in the Gulf States. It hopes that the Government will soon be in a position to provide more detailed statistics on the volume and distribution of employment, unemployment and underemployment by region, sex, age and skills level. The Committee notes with interest in this respect that a census of the population was planned during the course of 1994 in order to provide a basis for the studies needed in the preparation of the first Five-year Economic and Social Development Plan, 1996-2000.

3. The Government states that, in parallel with the preparation of this Development Plan, the programme that it submitted in July 1993 for approval by Parliament is designed to promote the creation of new paid jobs and to combat unemployment by giving priority to labour-intensive projects, promoting national and international investment, particularly in tax free zones, and by promoting employment in agriculture, fishing and domestic work. The Committee would be grateful if the Government would indicate the measures which have been adopted or are envisaged in order to achieve these objectives, in accordance with Article 2 of the Convention, with an indication of the specific difficulties encountered and the results achieved. The Committee notes the Government's indications concerning its policy objectives for education and training and also requests it to provide information on the measures adopted under this policy.

4. The Government provides information in its report on the participation of employers' and workers' organizations in the preparation of draft legislation respecting employment. The Committee emphasizes in this respect that the consultations required under the terms of Article 3 of the Convention are not confined to the legislative aspect of employment policies and that, in addition to the representatives of employers and workers, they should also include representatives of other "persons affected", such as those working in the rural sector and the informal sector, "with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies". It would be grateful if the Government would indicate any procedures which have been adopted or are envisaged in order to give full effect to this fundamental provision of the Convention.