Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Yemen (Ratificación : 2000)

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that, according to section 148(1) of the Penal Code, No. 12/1994, it is an offence to buy, sell or otherwise dispose of a person. Moreover, section 148(2) of the Penal Code provides that whoever imports or exports another person to dispose of that person commits an offence. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraph 331) that, by virtue of section 164 of the Child Rights Act No. 45/2002, whoever sells, buys or otherwise disposes of a male or a female child commits an offence. The Committee requests the Government to supply a copy of the Penal Code, No. 12/1994, and the Child Rights Act, No. 45/2002.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, by virtue of article 29 of the Constitution of 1994, forced or compulsory labour is prohibited.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.1, 23 July 1998, paragraphs 68-70) that sections 2 and 3 of the Compulsory National Service (Defence) Act state that every male citizen aged 18 years shall perform military service. It adds that, according to section 4 of the General Reserve Act, general military reserve consists of male citizens aged 18-50 years. The Government also indicates, in its third report to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraph 263), that section 149 of the Child Rights Act states that Yemen shall comply with international law, especially the provisions prohibiting the recruitment of persons under 18 years of age in armed conflicts. The Committee requests the Government to supply a copy of these legislative provisions.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that section 147 of the Child Rights Act provides that the State shall protect children against prostitution and immoral activities. It adds that section 279 of the Penal Code provides that whoever induces a person to become a prostitute or to commit an act of debauchery is guilty of an offence. The Committee accordingly notes that the legislation does not appear to prohibit the use (i.e. as a client) of a child under 18 years of age as a prostitute. The Committee reminds the Government that according to Article 3(b) of the Convention, the use of a child under 18 years of age for prostitution constitutes one of the worst forms of child labour and shall therefore be prohibited. The Committee accordingly asks the Government to take the necessary measures to ensure that the use of a child under 18 years of age for prostitution is prohibited. It also asks the Government to confirm that the use, procuring or offering of both girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under section 147 of the Child Rights Act.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that section 2 of the Narcotics Act, No. 3/1993, prohibits the use of a person to produce, import, export, buy or sell illicit drugs. The Government adds that section 148 of the Child Rights Act prohibits the use of children in the production and trafficking of narcotics or psychotropic substances. The Committee requests the Government to supply a copy of the abovementioned provisions.

Clause (d). 1. Hazardous work. The Committee notes the Government’s indication that, by virtue of sections 2 and 147 of the Child Rights Act, the State shall protect children under 18 years of age from economic exploitation. However, it notes that, by virtue of sections 2 and 49(4) of the Labour Code of 1995, it is prohibited to employ a young person under 15 years of age in arduous work, harmful industries or work that is socially damaging. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 shall not perform work, which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to take the necessary measures to prohibit the employment of young persons under 18 in hazardous work.

2. Self-employed workers. The Committee notes that, by virtue of sections 2(1) and 3 of the Labour Code, the Code applies to any man, woman or young person who works for an employer, under supervision even if not within sight, in consideration of a wage, under a written or unwritten contract of employment. The Committee notes that the Labour Code does not apply to labour relations which do not result from the establishment of an employment contract such as self-employed workers. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication that a regulation listing the types of hazardous work that children shall not perform was enacted pursuant to section 49 of the Labour Code. The Government adds that section 21 of this regulation provides for a list of 58 types of work that children under 18 years of age shall not perform. The Committee further notes that the Government in its report sent on the application of Convention No. 138 indicates that Ministerial Order No. 40 of 1996 determines the types of occupations, tasks and industries in which the employment of young persons is prohibited. The Committee accordingly asks the Government to indicate whether the Ministerial Order No. 40 of 1996 is the regulation that provides for a list of the types of hazardous work that persons under 18 shall not perform as required by Article 4, paragraph 1, of the Convention. It also asks the Government to supply a copy of this regulation.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. It nevertheless notes that, according to the report entitled "Understanding children’s work in Yemen" (ILO/UNICEF/World Bank, March 2003, paragraph 6) (the "UCW report"), rural child workers account for 94 per cent of total child workers. The report also reveals that children working in the agricultural sector are exposed to chemicals, to extreme cold and heat, they handle heavy agricultural equipment and carry heavy loads. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee trusts that the Government will take into consideration the conclusions of the UCW report on hazardous work in the agricultural sector when identifying where hazardous work exists. It requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 123 of the Labour Code, labour inspectors supervise the application of labour legislation and regulations and draft reports on the results of their inspection. It also notes that, according to the UCW report (paragraphs 13 and 70), the Government reckons that it lacks resources to adequately enforce the legislation concerning child labour. The UCW report also reveals that labour inspectors are limited in their investigative powers, meaning that visits are rare and inadequately followed up. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention.

2. Child Labour Unit. The Committee notes the Government’s indication that a Child Labour Unit within the Ministry of Labour was established to plan, coordinate and monitor activities relating to child labour. Concerning the worst forms of child labour, the Unit has provided training to labour inspectors, undertook a survey on children engaged in the worst forms of child labour, established a database providing information on the location of child workers and the type of employment they perform. The Government adds that the activities and achievements of the Unit are published on a regular basis in the official journal. The Committee asks the Government to continue to provide information on the measures taken by the Child Labour Unit to monitor the implementation of the provisions giving effect to the Convention.

3. Measures taken by organizations of employers and workers. The Committee notes the Government’s indication that the General Federation of Workers’ Organization has established a special unit to deal with child labour issues. The Unit visits workplaces to ensure that children benefit from the protection laid down in the Labour Code, provides training to trade union members, and collaborates with placement agencies to provide the parents of child labourers with an occupation. The Committee also notes that the Child Labour Unit of the Federation of Yemen Chambers of Commerce and Industry took measures to: (i) raise awareness on the child labour phenomenon; (ii) train its members on the applicable legislation and measures to be taken to protect child labourers; and (iii) compile information on the extent and trends of child labour in the informal sector. It also undertook collective bargaining with trade unions to improve the working conditions of child labourers. The Committee requests the Government to continue to provide information on the measures taken by the organizations of employers and workers to eliminate the worst forms of child labour and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the UCW report (paragraphs 15 and 75), a Country Programme for the Elimination of Child Labour in Yemen was launched by ILO/IPEC in 2000. The Government and the ILO signed a Memorandum of Understanding in 2002. The primary objectives of the ILO/IPEC Country Programme are the eradication of the worst forms of child labour in Yemen and addressing the special situation of girls. To this end, the programme addresses key policy and legislative issues and provides grass-roots level support, including demonstration projects and local capacity building. It aims at removing and rehabilitating 3,000 children from the worst forms of child labour. By the end of the programme, the Government will have developed a national policy and programme framework to combat the worst forms of child labour and taken concrete measures toward harmonizing its child labour and education legislation with international standards. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme on the elimination of the worst forms of child labour. It also requests the Government to provide information on the launching of a national policy and programme framework by the Government to combat the worst forms of child labour.

Article 7, paragraph 1. 1. Penalties. The Committee notes that, according to the Government’s information, section 148(1) of the Penal Code provides that whoever sells or traffics a person is liable to ten years’ imprisonment. It adds that, by virtue of section 279 of the Penal Code, whoever induces another person to become a prostitute is liable to three years’ imprisonment. The Committee also notes that section 154 of the Labour Code as amended in 1997 provides that a person who infringes the provisions of the Labour Code concerning the employment of children is liable to a maximum of three months’ imprisonment or a fine of 5,000 riyals to 20,000 riyals. It notes the absence of information on the applicable penalties for the violation of section 2 of the Narcotics Act, which according to the Government’s indication prohibits the use of a person for the production or trafficking of drugs. It further notes that, according to the UCW report (paragraph 70), compliance with child labour laws is very low and legal sanctions rarely applied. The Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee accordingly asks the Government to take the necessary measures to ensure that whoever violates the legal provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penal sanctions are imposed. It also requests the Government to provide information on the practical application of legislative provisions, including the number of infringements reported of the abovementioned provisions, investigations, prosecutions, convictions and penal sanctions applied. It further asks the Government to provide information on the criminal penalties imposed on a person who violates section 2 of the Narcotics Act.

Paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that, by virtue of article 53 of the Constitution, basic education is compulsory. According to the Government’s indication to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraphs 213 and 228) and to the International Bureau of Education - UNESCO, basic education is compulsory and free for children aged 6-15 years by virtue of section 81 of the Child’s Rights Act and Decree No. 1319/1994. The Government adds that the Ministry of Education has established data on education and has devoted its efforts to the periodic conduct of comprehensive surveys on education. The Committee notes that the Government launched in 1996 a 24-year national strategy to eliminate the illiteracy of more than 4.8 million persons aged 10-45. The strategy focused, for instance, on improving enrolment rates in primary education and ensuring that all boys and girls complete basic education by 2015. A report of the Ministry of Education (International Conference on Education, August 2004, pages 4 and 12) indicates that the illiteracy rate decreased from 62.73 per cent in 1994-95 to 55.70 per cent in 1999-2000 for persons aged 15 and above. It further observes that a joint project was launched by the World Bank and UNICEF to help the Government to provide all children with textbooks at the beginning of each school year. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to pursue its efforts to improve access to free basic education for all children.

Clauses (b) and (c). Providing the necessary and appropriate direct assistance, for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration, including through access to free basic education. The Committee notes that, according to the mid-term report concerning the implementation of the ILO/IPEC National Programme on the Elimination of Child Labour (February 2003, page 8), between 31 October 2002 and 1 March 2003, 17 children were withdrawn from the worst forms of child labour and 1,398 children were provided with rehabilitative services. From April to September 2003, the number of children withdrawn from the worst forms of child labour was raised to 169 and the number of children who benefited from rehabilitative services to 1,500. Rehabilitative services encompass non-formal education, vocational training, counselling services, health services, uniforms and books. The Committee also notes the Government’s indication that it has established a rehabilitation centre for former child labourers. The Committee asks it to pursue its efforts to withdraw children from the worst forms of child labour and rehabilitate them. It also asks the Government to provide information on the achievements of the ILO/IPEC National Programme on the Elimination of Child Labour in this regard.

2. Street children. The Committee notes that, according to the UCW report (paragraph 56), street children in Yemen face harsh living conditions and are vulnerable to abuse. The report reveals that some are forced to beg or steal to support themselves, others are forced into prostitution, drug trafficking and other illicit activities. According to the report, the total number of street children in Yemen is unknown; however available estimates vary from 29,000 street children in Sanaa alone to 35,000 street children nationwide in 1999. The Committee also notes the Government’s indication that the Child Rehabilitation Centre established in Sanaa set up a database of children working in the street. It further notes that the ILO/IPEC mid-term report on the implementation of the national Programme on the Elimination of Child Labour indicates that activities related to the withdrawal and rehabilitation of working street children were expanded. A comprehensive approach was taken to improve services for working street children. Efforts focused on strengthening referral and networking to address the educational, health and social needs of street children. The Committee accordingly asks the Government to provide information on the number of street children in Yemen and the types of work they perform. It also asks the Government to provide information on the number of street children withdrawn from the worst forms of child labour and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. 1.  Commercial sexual exploitation of children. The Committee notes that, according to the UCW report (paragraph 55), a small-scale survey conducted in 1997 revealed that a significant number of children claimed that they were sexually exploited. The UCW report indicates that further research is needed in this area. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen.

2. Construction, car repair workshops and machine welding. The Committee notes that, according to the UCW report (paragraph 8), children working in the construction sector are exposed to chemical toxins. Children working in car repair workshops suffer from respiratory problems due to the inhalation of fumes; they were also reported to be physically injured, to have burns and to be exposed to electrocution. Children working in machine welding are exposed to lead poisoning and extreme heat. The Committee accordingly asks the Government to provide information on the effective and time-bound measures taken or envisaged to ensure that children working in the construction sector, in car repair workshops and machine welding do not perform hazardous work.

Clause (e). Special situation of girls. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraph 247) that 42 per cent of girls aged 6-15 years of age were not enrolled in education in 2000-01. According to the United Nations Commission on Human Rights (E/CN.4/2004/43/Add.1, 8 January 2004, paragraph 9), only 29.7 per cent of young girls attend primary school in rural areas. The Committee also notes that, according to the UCW report (paragraph 10), only 14 per cent of female child workers aged 10-14 years attend schools compared to 59 per cent of male workers of the same age group. The Committee nevertheless notes that, according to the report of the Ministry of Education submitted to the International Conference on Education (August 2004, page 2), the number of girls enrolled in basic education has increased from 25 per cent in 1990-91 to 38 per cent in 2000. The Committee observes that UNICEF is working with the Government to reduce the gender gap and improve educational quality. The on-going programme aims at increasing the enrolment of girls in school by 20 per cent annually in 30 rural districts, which have been identified as having a low number of female pupils. UNICEF is providing schools and families with educational supplies to help lower costs since the high cost of schooling has discouraged or prevented poor parents from having their children, especially girls, educated. The Committee asks the Government to pursue its efforts to ensure that school-age girls attend schools and to provide information on the results achieved.

Article 8. 1. International cooperation. The Committee notes that Yemen is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Yemen ratified the Convention on the Rights of the Child in 1991.

2. Poverty reduction programme. The Committee notes that, according to the World Bank, half of Yemen’s population lived below the poverty line in 2004. It also notes that the Government adopted in 2001 the Second Five-Year Plan for Economic and Social Development in order to reduce poverty through upgrading the capacities of the poor and expanding the sustainable schemes that support the poor. In 2003, the Government launched a two-year Poverty Reduction Strategy Paper (PRSP), which aims at achieving economic growth, poverty reduction, job creation and ensuring social and economic stability (pages vi and x of the PRSP, 2003-05). The PRSP targets to reduce the percentage of people living below the poverty line to 35.9 per cent by 2005. The Committee requests the Government to provide information on any notable impact of the PRSP on eliminating the worst forms of child labour.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.