Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

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

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. In its previous comments, the Committee noted that section 148(1) of the Code of Offences and Penalties, No. 12/1994, and section 164 of the Child Rights Act, No. 45/2002, both deal with the sale and trafficking of children. The Committee also noted on the basis of the information provided by the Government to the Committee on the Rights of the Child (CRC) in 2009, that draft amendments to the Code of Offences and Penalties were submitted concerning the sale of children, notably section 248, and that these draft laws were approved by the Cabinet and submitted to the House of Representatives for consideration and adoption. Contrary to the Government’s repeated indications that a copy of the Code of Offences and Penalties has previously been submitted, the Committee has not received this legislation. The Committee therefore reiterates its request to the Government to supply a copy of the Code of Offences and Penalties indicating whether the draft amendments to the Code of Offences and Penalties have been adopted.

2. Compulsory recruitment of children and forced or compulsory labour. In its previous comments, the Committee noted that section 2 of the Compulsory National Service (Defence) Act and section 4 of the General Reserve Act set the minimum age for military service at 18 years, and requested copies of these Acts. The Committee also noted that the engagement of children in armed conflict is prohibited, pursuant to section 21 of Ministerial Order No. 56 of 2004.

The Committee notes the Government’s repeated indications that the Compulsory National Service (Defence) Act and the General Reserve Act have not been submitted with the Government’s report, as the Compulsory National Service (Defence) Act has been suspended since 2000, pursuant to the decision promulgated by the High Council for National Defence. The Committee also notes the Secretary-General’s report on children and armed conflict of 26 April 2012 observing that the United Nations and its partners documented during 2011 the association of children to the Yemeni armed forces and various armed groups, with many families enlisting their children for financial reasons and armed groups encouraging voluntary enlistment among demonstrators. A total of 159 children (138 boys and 21 girls) were reportedly killed in 2011, compared with 76 cases in 2010, and the number of children maimed increased fourfold to 363 (312 boys and 51 girls) (A/66/782-S/2012/261, paras 164–167).

The Committee expresses its serious concern at the situation of children in Yemen who are being recruited for use in armed conflict.

The Committee, therefore, urges the Government to take immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and proceed with the full and immediate demobilization of all children. The Committee requests the Government to clarify the legislative provisions setting the minimum age for military service at 18 years and once again requests the Government to provide a copy of the decision promulgated by the High Council for National Defence which suspends the Compulsory National Services (Defence) Act. The Committee also requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice for the offences related to the use of children in armed conflict. It requests the Government to supply information in this regard. The Committee also requests the Government to provide information on the measures taken to ensure that child soldiers released from armed forces and groups receive appropriate assistance for their rehabilitation and social integration, including by reintegrating them into the school system or into vocational training.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted 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, and requested a copy of this Act. The Committee noted that section 8(c) of Ministerial Order No. 56 prohibits the use or employment of a child to perform illegal activities, particularly the trafficking of drugs. As the Government’s report contains no copy of the requested legislation, the Committee once again requests the Government to supply a copy of the Narcotics Act with its next report.

Clause (d). Hazardous work. The Committee previously noted that sections 2 and 147 of the Child Rights Act provide that the State shall protect children under 18 years of age from economic exploitation. However, the Committee noted that while section 4 of Ministerial Order No. 56 specifies that no person under 18 years may be accepted for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, sections 2 and 49(4) of the Labour Code No. 5 of 1995 prohibit the employment of a young person under 15 years of age in arduous work, harmful industries or work that is socially damaging. Recalling that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety and morals of young persons, is considered to be one of the worst forms of child labour, and is consequently forbidden for children under 18 years of age, the Committee requested the Government to take the necessary measures to remedy this contradiction. The Committee notes the information in the Government’s report that the draft Labour Code, which is currently in the final preparation phase and is being referred to the Council of Ministers and the House of Councillors, prohibits the employment of children under the age of 18 years in hazardous work. The Committee hopes that these draft amendments to the Labour Code will be adopted in the near future. The Committee requests the Government to provide information on the progress made in this regard and to supply a copy of the law, once it has been adopted.

Self-employed workers. The Committee previously noted the Government’s indication that it had taken into consideration the Committee’s comments on the draft amendments to the Labour Code, with regard to the application of the Convention to labour relations which do not result from the establishment of an employment contract, such as self-employed workers, for workers under 18 years of age. Noting the Government’s reassurances that it will send a copy of the Code as soon as it is adopted, the Committee again urges the Government to take the necessary measures to ensure that the draft amendment to the Labour Code concerning self-employed workers is adopted in the near future.

Article 5. Monitoring mechanisms. The Committee in its previous comment referred to the Decent Work Country Programme for Yemen launched in August 2008, which prioritizes the establishment of an efficient labour inspection system targeting the worst forms of child labour. The Committee also noted information from ILO–IPEC technical cooperation projects in the country focusing on capacity building of national institutions to implement policies and programmes to eliminate the worst forms of child labour and to enforce legislation and the development of monitoring systems by three child rehabilitation centres.

The Committee notes that, according to the information in a report available on the United Nations High Commissioner for Refugees’ (UNHCR) website, while the Ministry of Labour and Social Affairs (MoSAL) has trained labour inspectors on child labour inspection and increased the number of inspectors from 18 to 57 in 2010, inspectors lack financial resources to conduct their work, including for travelling outside of urban areas. The Committee observes that this information continues to indicate that the enforcement of the legislation concerning child labour is limited due to a lack of resources.

The Committee also notes the findings of the first national Child Labour Survey carried out in 2010 by the Central Statistical Organization (CSO) in collaboration with ILO–IPEC which were released in July 2012. The Committee notes that an estimated 1,309,000 children – 17 per cent of all children aged 5–17 – are child labourers. The Committee notes with concern that 50.7 per cent of child labourers are engaged in hazardous work of which the overwhelming majority (95.6 per cent) are employed in hazardous occupations and the rest in hazardous economic activities (i.e. mining and construction). While 39.5 per cent of male child labourers are in hazardous work, the corresponding rate among females is 62.2 per cent.

The Committee urges the Government to take the necessary measures to adapt and strengthen the capacity of labour inspectors, including through the provision of sufficient financial resources, to detect cases of the worst forms of child labour, in particular, hazardous work. The Committee further requests the Government to provide extracts from the inspection services regarding children and young persons under the age of 18, as well as information on the number and nature of the contraventions reported and penalties applied.

Article 6. National plan of action. 1. National action plan on trafficking. The Committee previously noted the Government’s indication that a technical committee on child trafficking had been established, responsible inter alia for the development and adoption of a national action plan on child trafficking. In the absence of any information on this point in the Government’s report, the Committee again requests the Government to provide information on the development of this national action plan, and to supply a copy, once it has been adopted.

2. National policy and programme framework for the elimination of the worst forms of child labour. The Committee previously noted ILO–IPEC technical cooperation activities in Yemen enhancing the capacity of national institutions, as well as the social partners, with regard to combating the worst forms of child labour. Considering that these ILO–IPEC activities have ended, the Committee requests the Government to provide information on any new action programmes taken to build on these activities within the framework of the national policy and programme framework for the elimination of the worst forms of child labour, and the results obtained.

Article 7(1). Penalties. The Committee previously noted that, according to the report entitled “Understanding children’s work in Yemen” (ILO/UNICEF/World Bank, March 2003, paragraph 70), compliance with child labour laws is very low and legal sanctions rarely applied, and requested the Government to provide information on the practical application of legislative provisions concerning the worst forms of child labour. The Committee notes the Government’s repeated statement that there are currently no statistics on infringements available. The Committee urges the Government to collect information on the number of infringements reported, as well as the number of investigations, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Trafficking. In its earlier comments, the Committee noted the information in the Government’s report to the CRC on measures taken to remove and rehabilitate child victims of trafficking, as well as the number of children who benefited from these services. The Committee notes the Government’s indication that no new information is available in this respect. The Committee notes that, according to a 2010 report available on the UNHCR website, children are vulnerable to human trafficking and research has indicated that rural children are trafficked within Yemen for commercial sexual exploitation, forced labour, domestic service, street vending and to work as unskilled labourers. The Committee therefore requests the Government to strengthen its efforts to provide the necessary and appropriate direct assistance for the identification and removal of child victims of trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard, and to supply information on the number of victims of trafficking under the age of 18 who have been identified and have received rehabilitative assistance, shelter and other services.

2. Hazardous work. The Committee previously noted the information on the ILO–IPEC technical cooperation activities focusing on the withdrawal, rehabilitation and prevention of child labour in hazardous occupations, in particular in rural areas and in fisheries. Considering the findings of the national Child Labour Survey 2010 referred to above as regards the large percentage of child labourers engaged in hazardous work, the Committee urges the Government to take effective time-bound measures to prevent, remove and rehabilitate children involved in hazardous work and to provide information on the results achieved in this regard.

Clause (d). Identifying and reaching out to children at special risk. 1. Commercial sexual exploitation of children. The Committee previously urged the Government to make the effort to undertake research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen, so as to have the necessary information to take effective and time-bound measures to identify and reach out to children at special risk, pursuant to Article 7(2)(d) of the Convention. The Committee noted the Government’s statement that this information will be available following its survey on child labour. The Committee notes that the national Child Labour Survey 2010 referred to above does not address the commercial sexual exploitation of children. Yet, the Committee notes from a report of 2010, as mentioned above, and a report of 2012 (both available on the website of the UNHCR) that there are recorded instances of commercial sexual exploitation of children and child sex tourists from Saudi Arabia. The Committee expresses concern at reports of the commercial sexual exploitation of children and requests the Government to research the extent of this exploitation. It also requests the Government to provide information on the measures taken, in the context of the national plan on the elimination of the worst forms of child labour, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration.

2. Construction, car repair workshops and machine welding. The Committee previously noted the Government’s statement that children working in car repair workshops and machine welding do not perform hazardous work because there are laws and regulations which regulate that work, as well as penalties for persons who violate these provisions. The Committee requested the Government to provide a copy of these laws and regulations, in addition to information on the penalties prescribed in case of violations of those provisions. The Committee noted the Government’s indication that Ministerial Decree No. 50 of 1996 prescribes penalties for violations of the provisions of the Labour Code. Noting that the Government’s report contains no copy of the requested legislation, the Committee once again requests the Government to provide a copy of Ministerial Decree No. 50 of 1996.

Clause (e). Special situation of girls. In its previous comments, the Committee noted the low rates of school enrolment of girls aged 6–15 years in education. The Committee notes from the findings of the 2010 Child Labour Survey referred to above that the school attendance rate for children 6–14 year olds (ages for compulsory schooling) stands at 73.6 per cent. Female and rural children are particularly affected by low school attendance rates. While among 6 –17 year olds, the attendance rate among girls is 63.4 per cent, this rate is 77.2 per cent among boys. The lowest school attendance rate is estimated for rural females at 57.5 per cent as compared to 82.9 per cent for urban boys. The Committee notes the repeated indications by the Government that it has prepared a national strategy on the education of girls, which focuses on supporting and encouraging families to educate their female children, and on preventing girl children from dropping out of school.

Expressing concern at the low rates of school enrolment of girls and considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee urges the Government to step up its efforts to ensure that girls attend and remain in school. The Committee also requests the Government to provide information on the impact of the national strategy on the education of girls on preventing the engagement of girls in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comment, the Committee expressed concern at the apparent weak enforcement of penalties with regard to child trafficking indicated by the disparity between the number of persons found to be engaging in child smuggling, and the number of persons brought before the Office of the Public Prosecutor on this charge. The Committee requested the Government to provide information on the measures taken in this regard. The Committee notes in this regard, as pointed out above, that there are no statistics available on investigations, convictions and penalties imposed. Noting that the Government’s report contains no information on this point, the Committee again urges the Government to redouble its efforts to ensure the effective application in practice of the penalties concerning the trafficking of children under 18. It requests the Government to provide information on measures taken in this regard.