Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Yemen (Ratification: 1969)

1. The Committee notes that section 3 of the Labour Code, Act No. 5 of 1995 exempts various categories of workers from coverage under the Code, most notably employees of the state administration and the public sector, casual workers, household servants and agricultural workers. Section 4 of the Code provides that the status of some of the above-referenced categories of workers may be regulated in accordance with the Code and that the Council of Ministers may apply certain provisions of the Code to them. In this respect, the Committee asks the Government to indicate whether any ministerial orders have been issued applying the provisions of the Convention to these categories of workers and to provide copies of any such orders. If no such orders exist, the Committee requests the Government to indicate the laws and regulations which apply the provisions of the Convention to the above-referenced groups of workers.

2. Non-discrimination on the basis of sex. The Committee notes that, in addition to section 5 of the Labour Code, which makes general provision for equal conditions, opportunities, guarantees and rights without discrimination on the grounds of sex, section 42 of the Labour Code provides that women shall be equal with men in relation to all conditions of employment and employment rights, duties and relationships and in employment, promotion, wages, training and rehabilitation and social insurance. The Committee asks the Government to indicate the measures taken to ensure the observance and application in practice of this policy.

3. The Committee observes that section 46 of the Labour Code contains special protections prohibiting the employment of women in industries and occupations which are specified by ministerial order to be hazardous, arduous or harmful to their health or social standing or to work at night in jobs specified by ministerial order. The Committee requests the Government to provide copies of any such orders, indicating the basis for the inclusion of the industries, occupations and night jobs specified. The Committee expresses its hope that any such ministerial orders will be issued in accordance with the principles contained in Article 5(2) of the Convention.

4. The Committee notes from the Government's report that the Ministry of Labour and Vocational Training is organizing employment-related vocational and technical training courses, seminars and placement activities to enhance the role of women in the labour market with the cooperation of the competent authorities on both the local and international levels. The Committee requests the Government to supply, in its next report, full information on the types of vocational training courses, occupational guidance and all other activities provided by the Government to promote equal opportunities for women in employment and occupation. In addition, the Committee requests the Government to supply detailed information regarding the manner in which placement services under control of the Ministry ensure observance of the policy referenced in Article 2 of the Convention.

5. The Committee notes that the Government has not provided the statistical data previously requested by the Committee showing developments in the situation of the female workforce in comparison with the whole economically active population. The Committee notes, however, other statistical information provided by the Government pursuant to Convention No. 81 and received by the ILO in June 1998, particularly a table showing the distribution of the labour force by employment status (employed/unemployed) by age and sex in the Republic of Yemen. The statistical data provided shows that there are more girls than boys in the labour force between the ages of ten and fourteen. However, the opposite is true for all other age groups shown in the table. Women make up 19.5 per cent of the total employed labour force between the ages of 15 through 65, indicating that women's participation in the labour force remains low. In this respect, the Committee recalls that Article 3(b) of the Convention establishes the obligation of each member State to undertake, by methods appropriate to national conditions and practice, to promote such educational programmes as may be calculated to secure the acceptance and observance of the non-discrimination policy. The Committee points out that educational and information programmes should be designed to improve awareness of the features of discrimination in order to change attitudes and behaviour patterns and give rise to due respect for the right of everyone to equality of opportunity or treatment, irrespective of sex (see the General Survey on equality in employment and occupation, ILO, 1986, at paragraph 232.) The Committee therefore asks the Government to indicate in its next report whether it has taken or intends to take any measures to develop positive attitudes toward and promote equal access to education, vocational training, occupational guidance and career opportunities for women and, if so, in what areas of employment activities. The Committee trusts that the Government will provide the Committee with up-to-date statistical information as soon as possible.

6. Further to its previous direct request concerning maternity leave, the Committee notes the Government's assurance that a pregnant woman shall not, under any circumstances, be employed during her maternity leave pursuant to section 45(2) of the Labour Code.

7. Non-discrimination on the basis of political opinion, social origin and national extraction. The Committee takes due notice of the Government's statements that the principle adopted by the Labour Code is one of non-discrimination in all matters related to employment whatever the reason may be. The Committee observes, however, that section 5 of the Labour Code does not expressly prohibit discrimination in employment and occupation on the basis of political opinion, national extraction, or social origin.

The Committee again recalls that, when provisions are enacted to give effect to the principle of the Convention, they should include all the criteria of discrimination contained in Article 1, paragraph 1(a), of the Convention (see General Survey, at paragraph 58). The Committee therefore reiterates its request that the Government supply the Committee, in its next report, with information on the measures taken or proposed to be taken to give full effect to the provisions of the Convention. In the absence of legislative provisions, the Committee requests the Government to provide information on all measures taken to ensure that no discrimination on the basis of political opinion, social origin and national extraction occurs in practice in relation to employment and occupation. In this respect, the Committee notes the Government's statement that article 5 of the Yemen Constitution of 28 September 1994 provides that the political system of Yemen is "established on political pluralism and multi-party basis". Article 5 of the Constitution further provides that "the exercise of political activities shall be regulated by law". The Committee therefore requests the Government to provide copies of any laws and regulations implementing constitutional article 5 and having relevance to employment or occupation, so that the Committee may evaluate the application of the non-discrimination principle of the Convention.