Labour Inspection Convention, 1947 (No. 81) - Yemen (Ratification: 1976)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes that the Government’s overdue report on Convention No. 81 has not been received. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

The Committee also notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict.

Articles 2(1), 6, 10, 11, 12(1)(a) and (b) and 23 of the Convention. Labour inspections in the oil sector. The Committee previously noted the Government’s indication that it is endeavouring to promulgate a statute regulating work in oil companies, which would provide for: (i) the assumption of travel and accommodation costs of labour inspectors by the Ministry of Petroleum and the Ministry of Social and Labour Affairs (MOSAL); and (ii) the non-notification of oil companies regarding the timing of inspection visits. The Government further indicates that, in practice, travel costs of labour inspectors are assumed by the Government, but that oil companies are notified prior to inspection visits and requested to make arrangements for accommodation and food, in view of the lack of these amenities on the ground. Noting the absence of new information on the matter,the Committee requests the Government to provide information on the measures taken or envisaged to ensure that oil companies are not notified prior to inspection visits to ensure the effectiveness of inspections. While acknowledging the complexity of the situation on the ground, the Committee also asks the Government to indicate if further steps have been taken towards the adoption of the statute regulating work in oil companies.

Article 3(2). Additional functions entrusted to labour inspectors. In its previous comments, the Committee noted the Government’s reference to the role of labour inspectors in the conciliation of individual and collective labour disputes. In this regard, the Committee recalls paragraph 69 of its General Survey of 2006 on labour inspection, in which it emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee once again refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Noting the absence of new information on this point, the Committee once again requests the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Articles 5(a), 17 and 18. Cooperation with the judicial authorities. The Committee had previously noted that the Government’s report does not provide the requested information on this subject. It recalls its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers. Noting the absence of new information in this respect, the Committee once again requests the Government to identify measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Article 5(b). Collaboration with employers and workers or their organizations. The Committee had previously noted that the Government’s report does not provide the requested information concerning the measures taken for the active involvement of the social partners in labour inspection activities as recommended in the ILO labour inspection audit, conducted at the request of the Government in 2009. It also noted that the draft Labour Code, which was to be submitted to the Parliament, contained provisions for the collaboration with employers’ representatives. Noting the absence of new information on the matter, the Committee once again requests the Government to identify the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations (such as the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures). It also requests the Government to provide information on the relevant provisions of the Draft Labour Code concerning the collaboration with employers’ representatives.

Articles 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee previously noted the Government’s indication that amendments to the Labour Code require labour inspectors to have scientific qualifications and suitable experience in the areas of chemistry, law, medicine, technology and engineering. It also noted that the MOSAL is organizing training courses for new employees, with the support of the ILO and the Arab Labour Organization (for example, ten employees from the General Administration of Occupational Safety and Health received Occupational Safety and Health training in Egypt for a duration of ten days). The Government also indicated that it would do its utmost to provide further training opportunities to labour inspectors in the future. In this regard, the Committee also notes the information provided by the Government representative during the discussion at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), indicating the efforts to train inspectors on child labour issues. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment. The Committee also requests the Government to provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.).

Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases, and inspection activities aimed at their prevention. Noting the absence of information on this matter, the Committeeonce again requests the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease.

Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports. The Committee previously noted the Government’s indications that it was not possible, due to the political situation in Yemen, until the elections in February 2014, to undertake labour inspections in the regions. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict in the country, the Committee once again requests the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a)–(g).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes that the Government’s overdue report on Convention No. 81 has not been received. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

The Committee also notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict.

Labour law reform. The Committee previously noted the Government’s indication that it will provide a copy of the Labour Code, which includes amendments to the powers of inspectors and concerning the protection of inspectors, once it has been promulgated. While acknowledging the complexity of the situation in the country,the Committee urges the Government to take the necessary steps to amend the Labour Code and indicate any developments in this regard.

Articles 4, 5(a) 6, 8, 9, 10 and 11 of the Convention. Effective organization and functioning of the labour inspection system under the supervision and control of a central authority, including the provision of sufficient human resources and material means to the labour inspection services and adequate conditions of service to labour inspectors. The Committee previously noted the Government’s indication that instruments of coordination shall be put in place between the General Administration of Occupational Safety and Health (GAOSH) and the General Administration of Labour Inspection (GALI), and that there shall be coordination with Government bodies providing similar services. The Government also indicated that financial resources are limited due to the impact of the conflict and the difficult economic situation, and once stability returns, funding will be allocated to support inspection and enable it to carry out its task of monitoring the application of labour legislation. In addition, the Committee previously noted the Government’s indication that as part of the project of restructuring of the Ministry of Social Affairs and Labour (MOSAL), internet and computer services have been extended to all general departments, but these are still extremely limited. The Committee requests the Government to take the necessary measures to: (i) ensure coordination between the GAOSH and the GALI, and other public or private institutions and bodies engaged in work similar to labour inspection; (ii) increase the number of labour inspectors; and (iii) ensure that the conditions of service of labour inspections, including the system of remuneration and wage levels, are such that labour inspectors are independent of improper external influences, and that they enjoy the required neutrality for the proper discharge of their duties, in conformity with the principles laid down in Article 6.

In this regard, while welcoming the provision of internet and computer services in all general departments, the Committee encourages the Government to intensify its efforts to provide labour inspection services with the necessary financial and material resources to operate effectively. It once again requests the Government to provide up-to-date information on the budget of the MOSAL allocated for this purpose, also specifying the proportion of the national budget.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2(1), 6, 10, 11, 12(1)(a) and (b) and 23 of the Convention. Labour inspections in the oil sector. The Committee notes the Government’s indication that it is endeavouring to promulgate a statute regulating work in oil companies, which would provide for: (i) the assumption of travel and accommodation costs of labour inspectors by the Ministry of Petroleum and the Ministry of Social and Labour Affairs (MOSAL); and (ii) the non-notification of oil companies regarding the timing of inspection visits. The Government further indicates that, in practice, travel costs of labour inspectors are assumed by the Government, but that oil companies are notified prior to inspection visits and requested to make arrangements for accommodation and food, in view of the lack of these amenities on the ground. The Committee asks the Government to take the necessary measures in law and practice to ensure that oil companies are not notified prior to inspection visits so as to ensure the effectiveness of inspections, and to provide information on the relevant steps taken in this regard. It asks the Government to provide a copy of the abovementioned statute, once it has been adopted, if possible in one of the working languages of the ILO.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes the Government’s reference to the role of labour inspectors in the conciliation of individual and collective labour disputes. Following up on its previous comments in this regard, the Committee would like to draw the Government’s attention to paragraph 69 of its General Survey of 2006 on labour inspection, in which it emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Referring to its previous direct request, the Committee once again asks the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Articles 5(a), 17 and 18. Cooperation with the judicial authorities. The Committee notes that the Government’s report does not provide the requested information on this subject. It would like to draw the Government’s attention to its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee once again requests the Government to identify measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that the Government’s report does not provide the requested information concerning the measures taken for the active involvement of the social partners in labour inspection activities as recommended in the ILO labour inspection audit, conducted at the request of the Government in 2009. However, the Committee understands from the information provided by the Government, that draft amendments to the Labour Code have been approved and will be submitted to the Parliament, and that they contain provisions for the collaboration with employers’ representatives. The Committee once again asks the Government to identify the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations (such as the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures). It also asks the Government to indicate the relevant provisions in the amended Labour Code.

Articles 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee notes the Government’s indication that amendments to the Labour Code, to be submitted to Parliament, require labour inspectors to have scientific qualifications and suitable experience in the areas of chemistry, law, medicine, technology and engineering. It also notes that the MOSAL is currently organizing training courses for new employees, with the support of the ILO and the Arab Labour Organization (for example, ten employees from the General Administration of Occupational Safety and Health received OSH training in Egypt for a duration of ten days). The Government also indicates that it will do its utmost to provide further training opportunities to labour inspectors in the future. The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment. Please also continue to provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.).

Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases, and inspection activities aimed at their prevention. The Committee notes that the Government’s report contains no response in relation to the questions raised in relation to the application of the abovementioned Articles. It therefore once again asks the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease. The Committee also once again asks the Government to provide information and data on the preventive action taken at the request of the labour inspection services with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including the measures ordered with immediate executory force because of imminent danger to the health or safety of the workers, following a relevant request by the labour inspectorate.

Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports as tools for evaluating and improving the operation of the inspectorate. The Committee notes the Government’s indications that it was not possible, due to the political situation in Yemen, until the elections in February 2014, to undertake labour inspections in the regions. It also notes that once the political situation in Yemen stabilizes, the MOSAL envisages the preparation of inspection plans and the collection of relevant statistics, in coordination with other relevant ministries. Referring to its previous direct request on the subject, the Committee asks the Government to identify the measures taken or envisaged with regard to the establishment of a national register of enterprises, as recommended in the 2009 ILO labour inspection audit referred to above. It once again asks the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a)–(g).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Labour law reform. The Committee notes the Government’s indication that draft amendments to the Labour Code have been approved and will be submitted to the Parliament. In this regard it notes that the Government does not provide information in relation to the legislative measures taken to address the issues previously raised by the Committee, namely whether the draft amendments provide for the power of labour inspectors to interrogate employers or workers (Article 12(c)(i)) of the Convention, and whether it provides for an increase in the sanctions for labour law violations, including obstruction of labour inspectors so that they are sufficiently dissuasive (Articles 17 and 18). The Committee asks the Government to provide information on any legislative measures taken with regard to the abovementioned issues under Articles 12(c)(i), 17 and 18 of the Convention and to supply a copy of the revised Labour Code once it has been adopted.

Articles 4, 5(a) 6, 8, 9, 10 and 11 of the Convention. Effective organization and functioning of the labour inspection system under the supervision and control of a central authority, including the provision of sufficient human resources and material means to the labour inspection services and adequate conditions of service to labour inspectors. The Committee previously noted, from the ILO labour inspection audit conducted at the request of the Government in 2009, that: (i) there is insufficient coordination between the two departments entrusted with labour inspection at the Ministry of Social and Labour Affairs (MOSAL) (namely the Directorate for the General Administration of Labour Inspection (GALI) and the General Administration of Occupational Safety and Health (GAOSH)); as well as insufficient coordination between the MOSAL and GALI and other government services that carry out similar services; (ii) the number of labour inspectors and women inspectors, including specialists in occupational safety and health (OSH) is insufficient; (iii) there is a lack of minimum logistical requirements for labour inspection (no transport means and no reimbursement of work-related expenses, no access of labour inspectors to computers and the Internet, etc.); and (iv) labour inspectors have inadequate salaries and allowances to cover at least basic living conditions.

The Committee notes the Government’s indication that coordination between the GALI and the GAOSH in the labour relations sector of the MOSAL is continuous, and that there are plans to strengthen coordination of the labour inspection services with the General Corporation for Social Insurance (GSCI) and other relevant bodies. The Committee also notes that the MOSAL is considering the possibility of establishing an independent institution under the MOSAL, integrating the functions of labour inspection and OSH, as recommended in the 2009 ILO labour inspection audit. However, the Government indicates that the economic conditions are not currently appropriate and that the Government is trying to find financial resources to pay for the Ministry’s activities. As for the conditions of service of labour inspectors, the Government indicates that the MOSAL intends to request additional budgetary resources, intended for labour and OSH inspectors, within the Ministry’s budget over coming years. The Committee encourages the Government to do its utmost to provide the labour inspection services with the financial resources necessary to operate effectively, and to provide up-to-date information on the budget of the MOSAL allocated for this purpose, also specifying the proportion of the national budget.

In this regard, the Committee once again asks the Government to report in detail on the concrete measures taken or envisaged for the implementation of the recommendations in the 2009 labour inspection audit, in particular: (i) the measures put in place to secure effective cooperation between the GALI, the GAOSH and the other public or private institutions and bodies engaged in work similar to labour inspection; (ii) the increase in the number of labour inspectors; (iii) the provision of adequate material resources (including computers, equipment and means of transport available); and (iv) the measures taken to ensure that the conditions of service of labour inspections, including the system of remuneration and wage levels, are such that labour inspectors are independent of improper external influences, and that they enjoy the required neutrality for the proper discharge of their duties, in conformity with the principles laid down in Article 6.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2(1), 6, 10, 11, 12(1)(a) and (b) and 23 of the Convention. Labour inspections in the oil sector. The Committee notes the Government’s indication that it is endeavouring to promulgate a statute regulating work in oil companies, which would provide for: (i) the assumption of travel and accommodation costs of labour inspectors by the Ministry of Petroleum and the Ministry of Social and Labour Affairs (MOSAL); and (ii) the non-notification of oil companies regarding the timing of inspection visits. The Government further indicates that, in practice, travel costs of labour inspectors are assumed by the Government, but that oil companies are notified prior to inspection visits and requested to make arrangements for accommodation and food, in view of the lack of these amenities on the ground. The Committee asks the Government to take the necessary measures in law and practice to ensure that oil companies are not notified prior to inspection visits so as to ensure the effectiveness of inspections, and to provide information on the relevant steps taken in this regard. It asks the Government to provide a copy of the abovementioned statute, once it has been adopted, if possible in one of the working languages of the ILO.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes the Government’s reference to the role of labour inspectors in the conciliation of individual and collective labour disputes. Following up on its previous comments in this regard, the Committee would like to draw the Government’s attention to paragraph 69 of its General Survey of 2006 on labour inspection, in which it emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Referring to its previous direct request, the Committee once again asks the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Articles 5(a), 17 and 18. Cooperation with the judicial authorities. The Committee notes that the Government’s report does not provide the requested information on this subject. It would like to draw the Government’s attention to its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee once again requests the Government to identify measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that the Government’s report does not provide the requested information concerning the measures taken for the active involvement of the social partners in labour inspection activities as recommended in the ILO labour inspection audit, conducted at the request of the Government in 2009. However, the Committee understands from the information provided by the Government, that draft amendments to the Labour Code have been approved and will be submitted to the Parliament, and that they contain provisions for the collaboration with employers’ representatives. The Committee once again asks the Government to identify the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations (such as the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures). It also asks the Government to indicate the relevant provisions in the amended Labour Code.

Articles 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee notes the Government’s indication that amendments to the Labour Code, to be submitted to Parliament, require labour inspectors to have scientific qualifications and suitable experience in the areas of chemistry, law, medicine, technology and engineering. It also notes that the MOSAL is currently organizing training courses for new employees, with the support of the ILO and the Arab Labour Organization (for example, ten employees from the General Administration of Occupational Safety and Health received OSH training in Egypt for a duration of ten days). The Government also indicates that it will do its utmost to provide further training opportunities to labour inspectors in the future. The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment. Please also continue to provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.).

Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases, and inspection activities aimed at their prevention. The Committee notes that the Government’s report contains no response in relation to the questions raised in relation to the application of the abovementioned Articles. It therefore once again asks the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease. The Committee also once again asks the Government to provide information and data on the preventive action taken at the request of the labour inspection services with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including the measures ordered with immediate executory force because of imminent danger to the health or safety of the workers, following a relevant request by the labour inspectorate.

Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports as tools for evaluating and improving the operation of the inspectorate. The Committee notes the Government’s indications that it was not possible, due to the political situation in Yemen, until the elections in February 2014, to undertake labour inspections in the regions. It also notes that once the political situation in Yemen stabilizes, the MOSAL envisages the preparation of inspection plans and the collection of relevant statistics, in coordination with other relevant ministries. Referring to its previous direct request on the subject, the Committee asks the Government to identify the measures taken or envisaged with regard to the establishment of a national register of enterprises, as recommended in the 2009 ILO labour inspection audit referred to above. It once again asks the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a)–(g).

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour law reform. The Committee notes the Government’s indication that draft amendments to the Labour Code have been approved and will be submitted to the Parliament. In this regard it notes that the Government does not provide information in relation to the legislative measures taken to address the issues previously raised by the Committee, namely whether the draft amendments provide for the power of labour inspectors to interrogate employers or workers (Article 12(c)(i)) of the Convention, and whether it provides for an increase in the sanctions for labour law violations, including obstruction of labour inspectors so that they are sufficiently dissuasive (Articles 17 and 18). The Committee asks the Government to provide information on any legislative measures taken with regard to the abovementioned issues under Articles 12(c)(i), 17 and 18 of the Convention and to supply a copy of the revised Labour Code once it has been adopted.

Articles 4, 5(a) 6, 8, 9, 10 and 11 of the Convention. Effective organization and functioning of the labour inspection system under the supervision and control of a central authority, including the provision of sufficient human resources and material means to the labour inspection services and adequate conditions of service to labour inspectors. The Committee previously noted, from the ILO labour inspection audit conducted at the request of the Government in 2009, that: (i) there is insufficient coordination between the two departments entrusted with labour inspection at the Ministry of Social and Labour Affairs (MOSAL) (namely the Directorate for the General Administration of Labour Inspection (GALI) and the General Administration of Occupational Safety and Health (GAOSH)); as well as insufficient coordination between the MOSAL and GALI and other government services that carry out similar services; (ii) the number of labour inspectors and women inspectors, including specialists in occupational safety and health (OSH) is insufficient; (iii) there is a lack of minimum logistical requirements for labour inspection (no transport means and no reimbursement of work-related expenses, no access of labour inspectors to computers and the Internet, etc.); and (iv) labour inspectors have inadequate salaries and allowances to cover at least basic living conditions.

The Committee notes the Government’s indication that coordination between the GALI and the GAOSH in the labour relations sector of the MOSAL is continuous, and that there are plans to strengthen coordination of the labour inspection services with the General Corporation for Social Insurance (GSCI) and other relevant bodies. The Committee also notes that the MOSAL is considering the possibility of establishing an independent institution under the MOSAL, integrating the functions of labour inspection and OSH, as recommended in the 2009 ILO labour inspection audit. However, the Government indicates that the economic conditions are not currently appropriate and that the Government is trying to find financial resources to pay for the Ministry’s activities. As for the conditions of service of labour inspectors, the Government indicates that the MOSAL intends to request additional budgetary resources, intended for labour and OSH inspectors, within the Ministry’s budget over coming years. The Committee encourages the Government to do its utmost to provide the labour inspection services with the financial resources necessary to operate effectively, and to provide up-to-date information on the budget of the MOSAL allocated for this purpose, also specifying the proportion of the national budget.

In this regard, the Committee once again asks the Government to report in detail on the concrete measures taken or envisaged for the implementation of the recommendations in the 2009 labour inspection audit, in particular: (i) the measures put in place to secure effective cooperation between the GALI, the GAOSH and the other public or private institutions and bodies engaged in work similar to labour inspection; (ii) the increase in the number of labour inspectors; (iii) the provision of adequate material resources (including computers, equipment and means of transport available); and (iv) the measures taken to ensure that the conditions of service of labour inspections, including the system of remuneration and wage levels, are such that labour inspectors are independent of improper external influences, and that they enjoy the required neutrality for the proper discharge of their duties, in conformity with the principles laid down in Article 6.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee would like in addition to raise the following points.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection and child labour. The Committee notes that, according to the ILO inspection audit referred to in the Committee’s observation and conducted at the request of the Government in October 2009, and further to the Committee’s comments in the direct request in 2009 under the Worst Forms of Child Labour Convention, 1999 (No. 182), the national legal provisions on child labour are still rarely enforced, so that child labour remains widespread, especially in the agricultural sector and rural areas. The Committee asks the Government to describe the measures taken by the labour inspectorate with a view to securing the enforcement of the legal provisions relating to the employment of children and young persons, and to provide information on their outcome (number of infringements detected, investigations, prosecutions, convictions and penal sanctions applied, remedies provided, etc.).

Articles 2(1), 3(2), 5(a), 6, 10, 11 and 12 and 23. Labour inspections in the oil sector. According to the findings of the labour inspection audit, labour inspectors are provided with transport, lodging and meals by oil companies during labour inspections in this sector. The Committee would like to emphasize that this practice not only poses a problem in relation to the required independence and neutrality of labour inspectors, but also the efficiency of inspections in this sector, as the prior notification of employers is a logistical necessity in order to be granted the abovementioned means of inspection, and employers are given the opportunity, if they so wish, to camouflage potential shortcomings. Furthermore, the dependence on third party logistics for inspections means the restriction in practice of the free initiative of inspectors to enter workplaces liable to inspection.

The Committee further notes from the labour inspection audit that labour inspections in the oil sector are made a priority, among other reasons, because of the large number of foreign nationals employed there in comparison with other sectors. In this regard, it also notes that inspections in the oil sector are carried out together with labour inspectors and representatives from the Ministry of Oil and Mineral Resources, as well as representatives of the Passports Department. The Committee asks the Government to provide clarifications on the procedure concerning labour inspections in the oil sector. It invites the Government to take measures to ensure that the labour inspectorate has the necessary human and material resources to carry out inspections in all economic sectors without any dependence on third party resources, so that these inspections can be conducted with the neutrality required.

Furthermore, the Committee asks the Government to specify the role of labour inspectors in the framework of joint inspections with representatives of the Ministry of Oil and Mineral Resources and the Passports Department, as well as the number of inspections carried out in this sector, and their outcome (number and nature of infringements detected, legal provisions concerned, the penalties imposed and the corrective measures taken, including the issuance of work permits for foreign workers, etc.).

Please indicate in particular the manner in which the enforcement of employers’ obligations with regard to the rights of undocumented foreign workers is ensured for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country.

Article 3(1) and (2). Additional functions entrusted to labour inspectors. The Committee notes from the labour inspection audit that both individual and collective labour disputes are handled by labour inspectors. In this regard, the Committee would like to refer the Government to paragraph 72 of its 2006 General Survey on labour inspection, in which it emphasizes that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation in which resources are scarce, is often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. The Committee asks the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Articles 4, 5(a) and 11. Effective organization and functioning of the labour inspection system under the supervision and control of a central authority. Cooperation with other government services and public institutions. The Committee notes from the labour inspection audit that there is insufficient coordination between the Directorates at the Ministry of Social and Labour Affairs (MOSAL), including between the Directorates for the General Administration of Labour Inspection (GALI) and the General Administration of Occupational Safety and Health (GAOSH). Furthermore, the labour inspection services are not provided with adequate resources, with the GALI disposing of the smallest budget among all Directorates. In this regard, the Committee notes the recommendations made in the ILO inspection audit concerning the integration of the functions of labour inspection and occupational safety and health (OSH) inspection, through the establishment of an independent institution under the MOSAL and provided with adequate financial resources.

The Committee also notes from the ILO inspection audit that there is insufficient cooperation and coordination between the labour inspection services and other government institutions assuming similar functions. In this regard, the Committee notes the recommendation in the ILO inspection audit regarding the development of such cooperation and coordination mechanisms, mainly between the General Corporation for Social Insurance (GCSI) and the Ministry of Fisheries, where a large part of the working population is employed, but which is currently neglected by labour inspection. The Committee asks the Government to indicate the measures taken or envisaged to give effect to the abovementioned recommendations on the establishment of a functioning system of labour inspection placed under the control of a central authority and endowed with sufficient budgetary resources for the discharge of its functions.

Referring also to its previous comments in this regard, the Committee once again asks the Government to indicate the measures taken to secure effective cooperation between the labour inspection services and the other public or private institutions and bodies engaged in similar work, so as to enlist their support in the control and supervision in all the areas for which it is responsible. The Committee also once again asks the Government to indicate the measures established or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that, according to the assessment in the labour inspection audit, the General Federation of the Trade Unions of Yemen (GFTUY) and the Federation of Yemeni Chambers of Commerce and Industry (FYCCI), deplore their lack of association in labour inspection activities. It notes the recommendations made concerning the active involvement of the social partners in labour inspection activities, including through the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures (media campaigns, brochures). The Committee asks the Government to indicate the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations, in light of the abovementioned recommendations.

Article 6. Conditions of service of labour inspectors. The Committee notes from the ILO labour inspection audit that labour inspectors are governed by Civil Service Act No. 19 of 1991, and receive the same salaries as other civil servants. The average salary of a labour inspector is about 30,000 Yemeni rials (YER) (about US$150) which, according to the findings in the audit, is not enough to provide for the basic requirements for a small family. Some 30 per cent of the penalties collected from employers are deducted by each regional labour office, 10 per cent of which are paid to inspectors as an additional allowance. As a result, in addition to their salaries, each inspector receives about YER5,000 to YER10,000 per month (about US$25 to US$50).

The Committee has emphasized, in paragraph 204 of its 2006 General Survey on labour inspection, that it is vital that levels of remuneration and career prospects are such that high-quality staff are attracted, retained, and protected from any improper influence. In paragraph 214 of the General Survey, it further indicated that a low standard of living can expose inspection officials to the temptation to treat certain employers leniently in exchange for favours. The Committee notes the recommendation in the labour inspection audit for an increase in the inadequate salaries and allowances of labour inspectors to cover at least basic living conditions, and the consideration of options such as an incentive system based on performance and evaluation to ensure neutrality, avoid corruption and increase motivation, rather than maintaining a system of income that is to a certain extent linked to the amounts of fines collected. The Committee invites the Government to indicate the follow-up measures taken or envisaged to implement these recommendations.

It requests the Government to take all the necessary measures to ensure that the conditions of service of labour inspectors, including the system of remuneration and wage levels, are such that labour inspectors are independent of improper external influences, including from the employers concerned, and that they enjoy the required neutrality for the proper discharge of their duties, in conformity with the principles laid down by this Article.

Article 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee notes from the information in the ILO inspection audit that labour inspectors are recruited as civil servants in accordance with Civil Service Act No. 19 of 1991, which stipulates, among others, that labour inspectors shall be qualified for the vacancy they apply for. However, civil servants are not tested before appointment, but remain under probation for a period of six months from the date of appointment. The newly recruited labour inspectors do not undergo any formal training, but accompany their senior colleagues as trainee inspectors for practical training for varying periods of time.

According to the information in the audit, labour inspectors are insufficiently trained and lack the knowledge and experience for the effective discharge of their functions. In light of the above, the Committee notes the recommendation in the ILO inspection audit that labour inspectors should be selected with sole regard to their qualifications, and that they should receive initial training prior to assuming office, as well as comprehensive training during the course of employment, and that a national training plan or programme should be established at the GALI to this end. The audit further suggests the establishment of a training unit with a library and the reform of the labour and OSH inspection checklists and forms in order to cover more aspects of the working conditions and terms of employment in inspected enterprises, and the development of a “guide for labour inspection”. The Committee would be grateful if the Government would provide information on the measures taken or envisaged to implement the abovementioned recommendations, in order to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment.

Please also provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.).

Articles 8, 9, 10 and 11. Number of inspectors, including women inspectors, and allocation of sufficient human and material resources (transport facilities, etc.) to the labour inspection services. According to the information in the labour inspection audit, the number of labour and OSH inspectors is very limited and insufficient to cover the large number of registered industries in the country. Furthermore, the segregation rules in the country, and the fact that the majority of inspectors are male, prevents the proper inspection of women workers’ conditions in the respective establishments. There are 41 labour inspectors (but no women) throughout the structures of the GALI, of which 14 are directors of regional labour offices, and therefore not directly involved in labour inspection activities. Furthermore, the Committee understands from the labour inspection audit that there are 18 OSH inspectors (of which seven are women) working throughout the structures of the GAOSH, of which some are directors who do not conduct inspection visits. There are no OSH specialists working at the GAOSH, except for one physician (general practitioner).

The Committee notes that, according to the labour inspection audit, the minimum logistical requirements for labour inspection are not available. For instance, there are no transport means and inspectors have no access to computers or the Internet, and all inspection activities are manual. Expenses incurred by the inspectors for work-related purposes are not reimbursed. The GAOSH has however some equipment for the monitoring of physical pollutants in the workplace, such as noise, illumination, heat and moisture.

In light of the above, the Committee notes the recommendations made in the ILO labour inspection audit relating to: the revision of the budget of the MOSAL and the allocation of adequate financial resources for labour inspection activities; an increase in the number of labour inspectors, and particularly OSH inspectors; an increase in the number of women inspectors; the recruitment of physicians, to be trained and qualified in OSH; the provision of adequate means of transport for inspections and the computerization of inspection activities through access to computers and the Internet. The Committee asks the Government to make every effort to provide the labour inspection services with the financial, material and human resources necessary for the effective performance of their duties, and to report in detail on the measures taken or envisaged for the implementation of the abovementioned recommendations in this regard, including the effort to acquire international financial assistance for this purpose.

Please provide, in the next report, up-to-date information on the proportion of the national budget and the budget of the MOSAL allocated to the public labour inspection services, the number of men and women labour inspectors exercising at the central and regional levels, and the material resources, including computers, facilities and means of transport available.

Article 12(c)(i). Powers of labour inspectors. Further to its previous comments, the Committee notes that the Labour Code, in the version available at the ILO, still does not include the power of labour inspectors to interrogate employers or workers. Noting that a relevant recommendation on the establishment of this power in the national legislation has also been included in the ILO labour inspection audit, the Committee asks the Government to keep the Office informed in this regard, and to send a copy of any legislative texts, once they have been adopted.

Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease, and inspection activities aimed at their prevention. The Committee notes that section 114 of the Labour Code provides that the employer shall keep records of industrial accidents and cases of occupational disease, notify the competent authorities and submit statistics on industrial accidents and occupational diseases to the ministry upon request. There are, however, no clear provisions concerning the obligations and responsibilities of employers towards their employees in the event of industrial accidents and cases of occupational disease. Furthermore, according to the information in the labour inspection audit, there is no functioning system for the notification, investigation and documentation of industrial accidents and cases of occupational disease in practice. Most industrial accidents are not notified, whereas no work-related diseases are notified, as they are usually not identified or diagnosed, which is mainly due to the lack of human and technical resources. In this regard, the Committee notes that the labour inspection audit recommends the development, in cooperation with the social partners, of a system for the notification and investigation of industrial accidents and cases of occupational disease.

According to section 118 of the Labour Code, inspectors have no powers of injunction, but may request a ministerial decision for temporary suspension of any machine thought to be a source of danger, for not more than one week. If violations are not removed during this period, the matter may be referred by the minister to a “specialized arbitration committee” for longer or permanent suspension. The Committee asks the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease.

The Committee also requests the Government to provide information and data on the investigation of industrial accidents and cases of occupational disease (numbers of cases reported to the labour inspectorate, as well as number of investigations, findings and follow-up measures, including the sanctions imposed).

The Committee further asks the Government to provide information and data on the preventive action taken at the request of the labour inspection services with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including the measures ordered with immediate executory force in the event of imminent danger to the health or safety of the workers, following a relevant request by the labour inspectorate.

Articles 17 and 18. Sufficiently dissuasive sanctions. The Committee notes that the sanctions under Labour Code No. 5 of 1995, in its current version, range from YER500 to YER20,000 (about US$2.5 to US$100), or imprisonment for a period not exceeding three months. In this regard, it notes the recommendation in the labour inspection audit for an increase in the sanctions set out in national law so that they are sufficiently dissuasive. The Committee requests the Government to indicate the legislative measures taken or envisaged in order to ensure that sanctions for labour law violations, including obstruction of labour inspectors, are sufficiently dissuasive and effectively enforced.

Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports as tools for evaluating and improving the operation of the inspectorate. In its last comment, the Committee expressed the hope that, in view of the progress already made in compiling certain statistics that are of use in assessing the operation of the labour inspection system, the Government would be in a position to take the necessary steps to ensure that an annual inspection report containing the information required by Article 21(a) to (g) is published and sent to the ILO. However, the Committee notes that the Government has again not sent an annual report on labour inspection activities, nor reported any progress made in that respect. The Committee would like to emphasize again, as it did in its last comment, that the information contained in annual reports on labour inspections would be a useful tool for the central inspection authority in defining priorities for action and the corresponding resources. This would be particularly important in the current situation with regard to labour inspection, as it appears from the ILO labour inspection audit that labour inspection activities currently cover a very small percentage of existing enterprises and workers, as the majority of the resources of labour inspection in the country are directed at the oil sector. High-risk sectors, on the other hand, mainly small and medium enterprises, which form 88 per cent of existing enterprises in the country, are not covered by the labour inspection services and are not subject to inspection. In this regard, the Committee notes from the information in the ILO labour inspection audit that annual labour inspection plans, at the central level, merely determine the sector or geographical area to be inspected in each month of the year, without identifying any specific enterprises and that, at the regional level, labour inspection activities are not planned, but decided randomly on a daily basis without any link with, or supervision by, the central authority. As it might appear from the ILO labour inspection audit, there is no national labour inspection policy or strategy and the scant resources available for labour inspection are scattered and not properly used. Noting further that the MOSAL does not have any form of registry of the enterprises operating in the country, the Committee would also like to draw the Government’s attention to its general observation of 2009, in which it emphasized the importance of establishing and updating a register of workplaces and enterprises liable to inspection and the number of workers employed therein, which would provide the central labour inspection authorities with the data that are essential to prepare the annual report. The Committee also notes the related recommendation in the ILO inspection audit on the establishment of a comprehensive register of workplaces, the sharing of data with other institutions in possession of related data and information, and the follow-up of inspection activities with a view to the establishment of an annual report on inspection activities. The Committee asks the Government to indicate the measures taken or envisaged with regard to the establishment of a national register of enterprises, as recommended in the labour inspection audit. It once again asks the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a) to (g). In this respect, the Committee draws the attention of the Government to the guidance given in Recommendation No. 81 (Part IV), on the amount of detail that is appropriate.

Revision of labour legislation. Further to previous comments in which the Committee noted the Government’s announcements on pending legislative amendments, including the revision of the Labour Code, the Committee notes that there are no indications of any new developments in this regard. The Committee would therefore be grateful if the Government would inform the ILO of any developments regarding the revision of legislative provisions concerning the application of the Convention, including copies of any texts adopted. In particular, the Government is requested to provide information on any legislative developments regarding the abovementioned issues under Articles 12 (c)(i), 17 and 18 of the Convention and to indicate whether it is envisaged to extend the coverage of labour law so as to include some of the categories which are currently not covered (e.g. workers in agriculture, domestic workers and public servants).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with interest that a labour inspection audit was carried out by the ILO at the request of the Government in October 2009 giving rise to a number of recommendations on ways to reinforce the labour inspection system which correspond to a number of the Committee’s previous comments. The Committee asks the Government to indicate the steps taken or envisaged with a view to the progressive establishment of a labour inspection system which fully meets the requirements of the Convention. In this regard, the Committee encourages the Government to seek international financial assistance to enable it to ensure the effective functioning of the labour inspection services and to keep the ILO informed of any measures taken and the results achieved in this respect.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the information provided by the Government in reply to the numerous points raised in its previous comments are very general and vague and therefore do not allow any assessment of the level of application of the Convention. It is therefore bound to repeat its previous requests, which read as follows:

Articles 19, 20 and 21 of the Convention. The Committee’s follow-up of the content of labour inspection reports as tools for evaluating and improving the operation of the inspectorate. In the comments that it has been making for nearly 20 years, the Committee has encouraged the Government to take the necessary steps to publish and send to the ILO an annual inspection report containing in particular, the information required on the matters listed at clauses (a) to (g) of Article 21 of the Convention. In the dialogue that it has held with the Government over these years, the Committee has noted that despite the political and economic difficulties it has had to cope with, the Government has done its utmost to send available information, largely in the form of statistical tables on some of the subjects covered by the Convention pertaining to one or other geographical or administrative division of the country. The Government has repeatedly stated, however, that the labour inspectorate’s lack of financial resources was the cause of the failure to publish an annual report as required by the Convention. In 1994, the Committee noted with interest an annual report on the work of the inspection services for an earlier period, but pointed out that it lacked information essential to an assessment of the extent to which the labour inspection system actually covers the duties that have to be discharged (for example, the number of workplaces liable to inspection and the numbers of workers employed in them). It also noted that the Government had obtained technical assistance from the ILO to restructure and reorganize the Ministry of Labour in the context of the country’s reunification, and expressed the hope that application of the Convention would improve as a result. In 1995, however, the Committee observed that the Government was having difficulty in providing the labour inspectorate with sufficient human resources of high quality and the material and logistical resources it needed to carry out its functions.

The Government nonetheless stated that it would shortly be sending an inspection report for 1994. Although this proved impossible, the Government continued to send statistical tables covering in part some of the subjects listed at Article 21. In a direct request sent to the Government in 2000, the Committee again pointed out the need to know the number of industrial and commercial establishments liable to inspection, the activities they carry on and the number of workers they employ, as a basis on which to determine the inspectorate’s needs in terms of human and material resources. It asked the Government also to send information on developments in the legislation affecting the organization and working of the labour inspectorate and the status and conditions of work of labour inspectors.

In its observation of 2004, the Committee took note of the Government’s efforts gradually to reinforce the labour inspection system, in particular by including in the Labour Code new provisions setting out the duties and powers of labour inspectors, and to equip the inspection services with computer hardware with a view to setting up a countrywide network for exchanging information and to providing the central administration with the means to monitor compliance with the law in workplaces on a permanent basis. The Committee accordingly considered that it should henceforth be possible for an annual inspection report to be drawn up and expressed the hope that such a report would shortly be published. It also welcomed the fact that an inventory of workplaces liable to inspection had been undertaken in Sana’a and hoped that such an inventory would also be undertaken for all other parts of the country, thus allowing an objective evaluation of the coverage provided by the inspection services with a view to determining what needed to be done in order to improve them gradually.

In its observation of 2006, the Committee continued to monitor progress reported by the Government in the development and efficiency of the system of statistics and sought information on the action taken by the Government further to its commitment to send the Office a report by the General Administration of the Labour Inspectorate showing inspections by workplace, the number of workers by enterprise, the number of infringements reported, and the penalties and other measures applied. It nonetheless noted that, according to the Government, owing to a lack of resources the General Administration had no computers; that eight governorates had no inspection service because there was no economic activity; and that the inspections recorded concerned only the capital and the governorate of Hamdramaout because the other governorates had not sent in statistics. The Committee asked the Government to report on developments in the enactment of legislation that was to be revised with technical assistance from the ILO and the participation of the social partners. In its report received in September 2007, the Government provides information on the content of the statistics by enterprise (number of workers broken down between Yemeni and non-Yemeni, situation at the workplace at the time of the inspection, type of infringement of the provisions of the Labour Code and action taken by the labour inspectorate) and states that these data are published in an annual report of the General Department of Labour Inspection. The Government indicates, however, that the draft revision of the Labour Code is still under consideration by the social partners, and again requests technical assistance in undertaking the necessary amendments. A report issued by the ILO’s Beirut Office on a mission carried out from 9 to 14 October 2008 shows that the revision of the Labour Code should be completed before the end of the year.

The Committee notes that the Department of Industrial Relations’ annual assessment report for 2006, which the Government sent with its report for 2007, contains information and statistics on the activities of numerous labour agencies including the labour inspectorate, in ten of the country’s 21 governorates. The Committee notes, however, that according to the introduction to the report, the labour administration is weak, disorganized, and operates in a routine manner on a shoestring budget. The report launches an urgent appeal to the Ministry of Labour to give labour issues the importance they deserve and to implement the necessary measures, particularly financial measures, to stop the exodus of labour administration managers at a time when such heavy demands are being made of the Ministry of Labour.

Implementing the provisions of the Convention and reinforcing the labour inspection system by launching a Decent Work Country Programme. The Committee notes that a Decent Work Country Programme, prepared in cooperation with the Government, the social partners and the ILO, and launched in August 2008, makes the establishment of an efficient labour inspection system a priority. A tripartite committee should soon be set up to monitor implementation of the programme and a national working group appointed by the Minister of Social Affairs and Labour and a national working group is to be appointed by the Minister of Social Affairs and Labour to ensure coordination with the ILO. The programme provides, inter alia, for ILO technical assistance in setting up a tripartite audit and formulating and implementing a national action plan that takes due account of the provisions of the Conventions on labour inspection and health and safety. The programme will also seek to promote the adoption of modern inspection practices that target prevention and more efficient integration of labour inspection in other programmes, with a focus on the efforts that will be needed in those areas of labour inspection that target the worst forms of child labour. The Committee also notes that one of the roles assigned to the Office will be to promote the recruitment and training of women inspectors with a view to proper supervision of the conditions of work of the female workforce. The Committee would be grateful if in its next report the Government would provide information on all progress made, particularly through the implementation of the Decent Work Country Programme for 2008–10, towards establishing and operating a labour inspection system in industrial and commercial enterprises that is consistent with the principles laid down in the Convention and the guidance provided in the accompanying Recommendation, No. 81. Such information should cover the legislative amendments that the Committee has recommended in its comments since ratification of the Convention, the number and qualifications of men and women labour inspectors (Articles 8, 10 and 21(b)); their status and conditions of services (Article 6), the material resources, including computers, facilities and means of transport needed for the performance of their duties (Article 11); the machinery set up by the central inspection authority for the control and supervision of all the services for which it is responsible, including compliance by the labour inspectors with their obligations to report on their work in the areas of prevention and enforcement of the legislation on the conditions of work and the protection of workers in the carrying out of their occupation (Articles 4 and 19); measures to secure effective cooperation between the labour inspection services and the other public or private institutions and bodies engaged in similar work, including judicial bodies, so as to enlist their support for the work of the labour inspectorate (Article 5(a)); and measures for effective collaboration between labour inspectors and employers and workers (Article 5(b)) and Part II of Recommendation No. 81).

The Committee hopes that, in view of the progress already made in compiling certain statistics that are of use in assessing the operation of the labour inspection system, the Government will be in a position to take the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21, clauses (a) to (g). So that the information is useful to the central inspection authority in defining priorities for action in collaboration with the social partners and other interested parties while taking into account the financial resources available under the national budget, the Committee invites the Government to follow the guidance given in Recommendation No. 81 (Part IV) on the amount of detail that is appropriate.

Articles 5(a) and 21(e). Cooperation between the inspection services and the judicial bodies. Furthermore, further to its 2007 general observation, the Committee notes the information provided by the Government concerning measures designed to promote effective cooperation between the inspection services and the judicial bodies. The Government is requested to provide as detailed information as possible on the urgent cases referred exceptionally to ordinary courts by the labour inspectorate and on the decisions handed down in these cases.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report for the period from 1 June 2006 to 1 September 2007 and the evaluation report on the 2006 Plan of the Department of Industrial Relations, including the budget for that year.

Articles 19, 20 and 21 of the Convention. The Committee’s follow-up of the content of labour inspection reports as tools for evaluating and improving the operation of the inspectorate. In the comments that it has been making for nearly 20 years, the Committee has encouraged the Government to take the necessary steps to publish and send to the ILO an annual inspection report containing in particular, the information required on the matters listed in Article 21 of the Convention. In the dialogue that it has held with the Government over these years, the Committee has noted that despite the political and economic difficulties it has had to cope with, the Government has done its utmost to send available information, largely in the form of statistical tables on some of the subjects covered by the Convention pertaining to one or other geographical or administrative division of the country. The Government has repeatedly stated, however, that the labour inspectorate’s lack of financial resources was the cause of the failure to publish an annual report as required by the Convention. In 1994, the Committee noted with interest an annual report on the work of the inspection services for an earlier period, but pointed out that it lacked information essential to an assessment of the extent to which the labour inspection system actually covers the duties that have to be discharged (for example, the number of workplaces liable to inspection and the number of workers employed therein). It also noted that the Government had obtained technical assistance from the ILO to restructure and reorganize the Ministry of Labour in the context of the country’s reunification, and expressed the hope that application of the Convention would improve as a result. In 1995, however, the Committee observed that the Government was having difficulty in providing the labour inspectorate with sufficient well-qualified human resources and the material and logistical resources it needed to carry out its functions.

The Government nonetheless stated that it would shortly be sending an inspection report for 1994. Although this proved impossible, the Government continued to send statistical tables covering in part some of the subjects listed in Article 21. In a direct request sent to the Government in 2000, the Committee again pointed out the need to know the number of industrial and commercial establishments liable to inspection, the activities they carry on and the number of workers they employ, as a basis for determining the inspectorate’s needs in terms of human and material resources. It also asked the Government also to send information on developments in the legislation affecting the organization and operation of the labour inspectorate and the status and conditions of work of labour inspection officials.

In its observation of 2004, the Committee took note of the Government’s efforts to gradually reinforce the labour inspection system, in particular by including in the Labour Code new provisions setting out the duties and powers of labour inspectors, and to equip the inspection services with computer hardware with a view to setting up a countrywide network for exchanging information and to providing the central administration with the means to monitor compliance with the law in workplaces on a permanent basis. The Committee accordingly considered that it should henceforth be possible for an annual inspection report to be drawn up and expressed the hope that such a report would shortly be published. It also welcomed the fact that an inventory of workplaces liable to inspection had been undertaken in Sanaa and hoped that such an inventory would also be undertaken for all other parts of the country, thus allowing an objective evaluation of the coverage of the inspection services with a view to determining what needed to be done in order to improve them gradually.

In its observation of 2006, the Committee continued to monitor progress reported by the Government in the development and efficiency of the statistical system and sought information on the action taken by the Government further to its commitment to send the Office a report by the General Administration of the Labour Inspectorate showing inspections by workplace, the number of workers by enterprise, the number of infringements reported and the penalties and other measures applied. It nonetheless noted that, according to the Government, owing to a lack of resources the General Administration had no computers; that eight governorates had no inspection service because there was no economic activity; and that the inspections recorded concerned only the capital and the governorate of Hamdramaout because the other governorates had not sent in statistics. The Committee asked the Government to report on legislative developments announced previously concerned with ILO technical assistance and the participation of the social partners. In its report received in September 2007, the Government provides information on the content of the statistics by enterprise (number of workers broken down between Yemeni and non-Yemeni, situation at the workplace at the time of the inspection, type of infringement of the provisions of the Labour Code and action taken by the labour inspectorate) and states that these data are published in an annual report of the General Department of Labour Inspection. The Government indicates, however, that the draft revision of the Labour Code is still under consideration by the social partners, and again requests technical assistance in undertaking the necessary amendments. A report issued by the ILO’s Beirut Office on a mission carried out from 9 to 14 October 2008 shows that the revision of the Labour Code should be completed before the end of the year.

The Committee notes that the Department of Industrial Relations’ annual assessment report for 2006, which the Government sent with its report for 2007, contains information and statistics on the activities of numerous labour agencies, including the labour inspectorate, in ten of the country’s 21 governorates. The Committee notes, however, that according to the introduction to the report, the labour administration is weak, disorganized and operates in a routine manner on a shoestring budget. The report launches an urgent appeal to the Minister of Social Affairs and Labour to give labour issues the importance they deserve and to implement the necessary measures, particularly financial measures, to stop the exodus of labour administration managers at a time when such heavy demands are being made of the Ministry of Social Affairs and Labour.

Implementing the provisions of the Convention and reinforcing the labour inspection system by launching a Decent Work Country Programme (DWCP). The Committee notes with interest that a DWCP, prepared in cooperation with the Government, the social partners and the ILO, and launched in August 2008, makes the establishment of an efficient labour inspection system a priority. A tripartite committee should soon be set up to monitor the implementation of the programme and a national working group appointed by the Minister of Social Affairs and Labour to ensure coordination with the ILO. The DWCP provides, inter alia, for ILO technical assistance in setting up a tripartite audit and formulating and implementing a national action plan that takes due account of the provisions of the Conventions on labour inspection and health and safety. The programme will also seek to promote the adoption of modern inspection practices that target prevention and more efficient integration of labour inspection in other programmes, focusing on the efforts that will be needed in those areas of labour inspection that target the worst forms of child labour. The Committee also notes with interest that one of the roles assigned to the ILO will be to promote the recruitment and training of women inspectors with a view to proper supervision of the conditions of work of women workers. The Committee would be grateful if in its next report the Government would provide information on all progress made, particularly through the implementation of the DWCP for 2008–10, in establishing and operating a labour inspection system in industrial and commercial enterprises that is consistent with the principles laid down in the Convention and the guidance provided in the corresponding Recommendation No. 81. Such information should cover the legislative amendments that the Committee has recommended in its comments since the ratification of the Convention, the number and qualifications of men and women labour inspectors (Articles 8, 10 and 21(b)); their status and conditions of service (Article 6); the material resources, including computers, facilities and means of transport needed for the performance of their duties (Article 11); the machinery set up by the central inspection authority for the control and supervision of all the services for which it is responsible, including compliance by labour inspectors with their obligation to report on their work in the areas of prevention and the enforcement of legislation on conditions of work and the protection of workers while engaged in their work (Articles 4 and 19); measures to secure effective cooperation between the labour inspection services and other public or private institutions and bodies engaged in similar work, including judicial bodies, so as to enlist their support for the work of the labour inspectorate (Article 5(a)); and measures for effective collaboration between labour inspectors and employers and workers (Article 5(b) and Part II of Recommendation No. 81).

The Committee hopes that, in view of the progress already made in compiling certain statistics that are of use in assessing the operation of the labour inspection system, the Government will be in a position to take the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a) to (g). So that the information is useful to the central inspection authority in defining priorities for action in collaboration with the social partners and other interested parties while taking into account the financial resources available under the national budget, the Committee invites the Government to follow the guidance given in Recommendation No. 81 (Part IV) on the level of detail that is appropriate.

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

1. Articles 20 and 21 of the Convention. Compiling and publishing of an annual inspection report. According to information from the Government in a report received at the Office in November 2004, the General Administration of the Labour Inspectorate prepares reports on inspections by establishment and compiles statistics by enterprise on the workforce, infringements reported, binding decisions and measures taken. Furthermore, all the information broken down by enterprise is published in an annual report. In its report for the period ending June 2005, the Government states that it will shortly be sending a copy of an annual inspection report as required by Articles 20 and 21, but points out that for lack of financial resources, the General Administration of the Labour Inspectorate has no computers. The Committee takes note of the distribution of inspection staff by governorate and the fact that in eight governorates there are no labour inspectors because there is no economic activity. The Committee observes that the information on the number of inspections pertains only to the capital and the governorate of Hadramaout because, according to the Government, the other governorates have not sent in statistics. The Committee requests the Government to provide a copy of the annual report containing the latest statistics available by enterprise and to provide information on measures taken, including the acquisition of useful computer equipment, the design of suitable inspection forms and the development of the system for reporting to the General Administration of the Labour Inspectorate so that the latter may process the information required for the publication and communication to the ILO of an annual report, as required by Articles 20 and 21 of the Convention.

2. Labour legislation. In an earlier report, the Government stated that the Labour Code was to be revised with the collaboration of an ILO expert and the participation of the social partners. The Committee would be grateful if the Government would report to the ILO any developments regarding the enactment of the above legislation or, if the text has already been adopted, provide a copy of it.

3. Article 7, paragraph 3. Training of labour inspectors. The Committee notes that owing to a lack of internal resources and external assistance funds, the planned workshops for training inspectors were not held. The Committee would be grateful if the Government would keep the ILO informed of how the lack of refresher training for inspectors is affecting the performance of their duties and would report any measures taken or envisaged to remedy the matter.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to its previous comments.

1. Drawing up, publication and communication to the ILO of an annual labour inspection report (Articles 20 and 21 of the Convention). Referring to the information which has been provided for several years on changes in law and practice relating to labour inspection, the Committee notes with interest the efforts made, despite the economic difficulties inherent in the reunification of the country, to establish an inspection system as prescribed by the Convention. In 1997 new provisions stating the duties and powers of labour inspectors were incorporated in the 1995 Labour Code, and in its 2000 report the Government indicated in particular that the inspection services had been equipped with computer hardware for the purposes of creating an information exchange network throughout the country and enabling ongoing monitoring and supervision by the central administration of the observation of legislation in undertakings. The Committee considers that it should now be possible for an annual inspection report to be drawn up and hopes that the Government will adopt the necessary measures to enable such a report containing information on each of points (a) to (g) of Article 21 of the Convention to be published soon and sent to the International Labour Office, in accordance with Article 20.

2. Human resources, material and logistical means available and inventory of workplaces liable to inspection (Articles 7, 10 and 11 of the Convention). The Committee also notes with interest that an inventory of workplaces liable to inspection was undertaken in Sanaa, that out of 1,050 workplaces listed 320 were inspected and that exhaustive statistics will be communicated as soon as they are available. The Committee hopes that an inventory of workplaces will also be undertaken for all other regions of the country, thus enabling an objective evaluation of the level of coverage provided by the inspection services and making it possible to identify the means to be implemented in order to improve it gradually. The Government is requested to provide information in its next report on the measures taken to this end and the results thereof, as well as on the number and geographical distribution of labour inspectors operating in the industrial and commercial sectors (Article 10).

3. Training of labour inspectors (Article 7). The Committee would be grateful if the Government would send detailed information on the participants, on the content and on the impact of the training sessions which it indicated in its report would be organized in coordination with the social partners and with the collaboration of the Arab Labour Organization and the ILO.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending September 2001. The Government had undertaken to provide information within two months in reply to the requests made by the Committee in 2000. Noting that this information has not been furnished, the Committee is therefore bound to reiterate its request, which read as follows:

Articles 1, 2, 4, 5, 9 and 22 of the Convention (scope and organization of the labour inspection services). The Committee wishes to recall that the Convention covers labour inspection in industrial and commercial workplaces. Noting the statistical data provided by the Government on workplaces in which public service activities, agricultural and other activities are carried on, the Committee would be grateful if the Government would indicate in its next report: (i) the categories of industrial and commercial workplaces liable to supervision by the labour inspectorate; (ii) the specific functions entrusted to each public or private institution supervising the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work in industrial and commercial workplaces; (iii) the central authority responsible, where appropriate, for the supervision and control of labour inspection; (iv) the arrangements made to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in inspection activities.

Articles 10, 16 and 21(b) to (g) (statistics on labour inspection). With reference to the statistical tables provided by the Government concerning inspections and their results in the field of occupational safety and health, the Committee wishes to draw the Government’s attention to the fact that, in accordance with the above provisions, the data to be taken into account in determining the needs of labour inspection in terms of human and material resources are the number of workplaces liable to inspection, the activities carried on therein and the number of workers employed in such workplaces. The frequency of inspections should also be determined for each workplace, and not for each enterprise, as indicated by the statistics provided with the Government’s report. It would also be desirable, to permit a better assessment of the inspection methods used, if the results of inspections were to be presented as a function of the type of inspection (routine, following a complaint or an industrial accident, as part of a campaign, or other). The Committee hopes that the Government will in future provide the relevant information concerning the above provisions of the Convention or take the necessary measures to ensure that such information is published in the annual inspection report.

Updating the information concerning the legislation which gives effect to the Convention. The Committee would be grateful if the Government would provide copies of the new legislative texts in force on the organization and functioning of labour inspection, as well as on the status and conditions of service of each category of officials or employees discharging inspection duties (Article 6). It also requests the Government to provide information on the status of the earlier texts in relation to the new legislation.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for 1996 and 1998. It also notes the statistical data on the number of workers engaged in public service establishments and in industrial and commercial establishments liable to inspection. Noting the far-reaching changes which have occurred in recent years in the organization and functioning of the labour inspectorate, on the one hand, and in the legislation, on the other hand, the Committee requests the Government to report in detail on the application of the Convention and draws its attention in particular to the following points.

Articles 1, 2, 4, 5, 9 and 22 of the Convention (scope and organization of the labour inspection services).  The Committee wishes to recall that the Convention covers labour inspection in industrial and commercial workplaces. Noting the statistical data provided by the Government on workplaces in which public service activities, agricultural and other activities are carried on, the Committee would be grateful if the Government would indicate in its next report: (i) the categories of industrial and commercial workplaces liable to supervision by the labour inspectorate; (ii) the specific functions entrusted to each public or private institution supervising the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work in industrial and commercial workplaces; (iii) the central authority responsible, where appropriate, for the supervision and control of labour inspection; (iv) the arrangements made to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in inspection activities.

Articles 10, 16 and 21(b) to (g) (statistics on labour inspection).  With reference to the statistical tables provided by the Government concerning inspections and their results in the field of occupational safety and health, the Committee wishes to draw the Government’s attention to the fact that, in accordance with the above provisions, the data to be taken into account in determining the needs of labour inspection in terms of human and material resources are the number of workplaces liable to inspection, the activities carried on therein and the number of workers employed in such workplaces. The frequency of inspections should also be determined for each workplace, and not for each enterprise, as indicated by the statistics provided with the Government’s report. It would also be desirable, to permit a better assessment of the inspection methods used, if the results of inspections were to be presented as a function of the type of inspection (routine, following a complaint or an industrial accident, as part of a campaign, or other). The Committee hopes that the Government will in future provide the relevant information concerning the above provisions of the Convention or take the necessary measures to ensure that such information is published in the annual inspection report.

Updating the information concerning the legislation which gives effect to the Convention.  The Committee would be grateful if the Government would provide copies of the new legislative texts in force on the organization and functioning of labour inspection, as well as on the status and conditions of service of each category of officials or employees discharging inspection duties (Article 6). It also requests the Government to provide information on the status of the earlier texts in relation to the new legislation.

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

The Committee notes the Government's reports and the statistical information contained therein. The Committee also notes with interest that Act No. 5 of 1995 on a new Labour Code has been adopted. It considers that the new Code will necessitate a more detailed examination by the Committee at its next session. The Committee would be grateful if, in the meantime, the Government would provide more particulars on the points raised below.

Article 5 of the Convention. The Committee notes from the Government's reply to its previous comments that there is indeed cooperation between government services even if it is not in the required form, but that the Government is endeavouring to take the necessary measures to ensure cooperation between the inspection service and government administrations and public or private establishments engaged in similar activities. The Committee refers to the explanations provided in paragraphs 121-123 and 127-135 of its General Survey on labour inspection of 1985 and wishes to underline the importance it attaches to such cooperation not only between the different inspection services but also between the inspection services and other institutions engaged in similar activities. It hopes measures will be taken to promote such effective cooperation and thus ensure a better implementation of this provision of the Convention.

Article 6. Further to its previous comments regarding measures to ensure that the inspection staff are adequately paid and sufficiently independent of improper external influences including from employers concerned, the Committee would be grateful if the Government would indicate whether the following laws and regulations are still in force:

(a) sections 30, 31 (and the texts of regulations by which any system of allowances may have been established based on section 31) and 32 of Law No. 49 of 1977 regarding the Public Service, and whether this Law is applicable to the inspection staff; and

(b) section 36 of Ministerial Order No. 17 of 1974 regarding the system of inspection in industry and commerce.

If these texts have been replaced please provide copies of the new laws or regulations.

Articles 7, 8, 10, 11 and 16. Further to its previous comments, the Committee notes the information that the present situation does not permit the Government to provide the labour inspectorate with qualified inspectors (Article 7), in adequate numbers to enable it to discharge its duties (Articles 10 and 16), suitably equipped offices including typewriters and direct telephone lines (Article 11(a)), and means of transportation for inspectors (Article 11(b)). The Committee notes however with interest the information that the Government is in the process of establishing an inspectorate and that when the circumstances improve in future it will take the necessary measures to meet the requirements of these provisions of the Convention. The Committee reiterates its hope that the Government will soon be in a position to take these measures.

Article 12. Further to its previous comments regarding labour inspectors being prevented from visiting oil companies, the Committee notes the information that, according to the provisions in the national legislation, inspectors are provided with proper credentials to be able to visit all workplaces liable to inspection. It also notes that the Central Labour Inspection Administration has sent a note to the Oil and Mineral Prospection Authority seeking cooperation in the field of inspection and that they are currently preparing a document to this effect. Please provide full particulars on the progress made in this regard.

Articles 19, 20 and 21. Further to its previous comments, the Committee notes the preliminary statistical information contained in the Government's report and the information that the Government is currently preparing an annual inspection report for 1994 that contains all the particulars listed in Article 21 of the Convention. The Committee trusts that such annual inspection reports will be published and transmitted within the time-limits laid down by Article 20. It reiterates its hope that the technical assistance sought and obtained from the Office to restructure and reorganize the Labour Ministry and the Labour Administration services will lead to a better implementation of the provisions of the Convention.

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

Article 5 of the Convention. The Committee notes from the Government's report that there are hardly any contacts and cooperation between the inspection services and other government services engaged in similar activities as required by this provision of the Convention. Please give full particulars in future reports in this respect.

Article 6. Please provide particulars on measures taken or envisaged to ensure that the inspection staff are adequately paid and sufficiently independent of improper external influences including from employers concerned, as required by this provision of the Convention.

Articles 7, 8, 10, 11 and 16. The Committee notes from the Government's report that the labour inspectorate lacks qualified inspectors including female inspectors (Articles 7 and 8), in adequate numbers to enable it to discharge its duties (Articles 10 and 16). The Committee also notes problems regarding the provision of suitably equipped offices including typewriters and direct telephone lines (Article 11(a)), and means of transportation for inspectors (Article 11(b)). Please provide details on measures taken or envisaged in this respect.

Article 12. The Committee notes the information that labour inspectors have been prevented from visiting oil companies. Please provide particulars of measures taken or envisaged to enable inspectors provided with proper credentials to visit all workplaces liable to inspection.

Articles 19, 20 and 21. The Committee notes the annual inspection report for 1991 and the summary report for 1992. It notes that the report for 1991 does not contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and statistics of occupational diseases (Article 21(g)). The Committee hopes annual inspection reports containing all the particulars listed in Article 21 will be published and transmitted within the time limits set by Article 20. In this respect the Committee notes the information that the Government has sought and obtained the technical assistance of the Office in its efforts to restructure and reorganize the Labour Ministry and in particular its Labour Administration services in the context of the reunification of the two Yemens. It hopes this will lead to a better implementation of the provisions of the Convention.

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

Further to its previous comments, the Committee notes with interest the Government's report and the enclosed annual report on the activities of the inspection services for the year 1991 and a summary for 1992. The Committee is raising certain other points in a direct request.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 19, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that no annual report on the activities of the inspection services has been provided. The Government has indicated that the central labour inspection administration was being reorganized following the reunification of the country and merger of the two labour ministries, and that all the information required would soon be sent. The Committee hopes the first annual inspection reports due under the Convention will soon be published and copies provided, and that in the meantime the Government will include all available information in its next report on the application of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

North Yemen

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 19, 20 and 21 of the Convention. The Committee notes from the Government's report that the periodical reports submitted to the central administration of labour inspection and occupational health and safety contain information on all the points listed under Article 21 of the Convention, but that the central inspection authority is unable to publish these reports annually owing to a lack of material means. In this connection, the Committee wishes to stress (as it has already done in paragraph 277 of its General Survey of 1985 on Labour Inspection and in its general observation of 1986) that, in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance, roneoed or mimeographed inspection reports - should enable the requirements of the Conventions to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations and that they are placed at the disposal of all interested parties. The Committee hopes that the Government will take note of these suggestions and take the necessary steps to ensure that, in future, annual inspection reports are published and transmitted to the ILO within the period laid down in Article 20 of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 19, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes from the Government's report that the periodical reports submitted to the central administration of labour inspection and occupational health and safety contain information on all the points listed under Article 21 of the Convention, but that the central inspection authority is unable to publish these reports annually owing to a lack of material means. In this connection, the Committee wishes to stress (as it has already done in paragraph 277 of its General Survey of 1985 on Labour Inspection and in its general observation of 1986) that, in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance, roneoed or mimeographed inspection reports - should enable the requirements of the Conventions to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations and that they are placed at the disposal of all interested parties. The Committee hopes that the Government will take note of these suggestions and take the necessary steps to ensure that, in future, annual inspection reports are published and transmitted to the ILO within the period laid down in 8rticle 20 of the Convention.