Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Yémen (Ratification: 2000)

The Committee takes note of the Government’s first report. The Committee also notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) on 15 June 2000. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee notes the Government’s statement in its report that the Ministry of Labour and Social Affairs has set up a Child Labour Unit with the aim of planning, coordinating and monitoring activities relating to child labour in the country. The Committee also notes that the Government has signed a Memorandum of Understanding with the ILO and started, in 2002, a country programme for the elimination of child labour in Yemen which aims at removing 3,000 children from dangerous work environments. The strategic objective of the ILO/IPEC programme in Yemen is the progressive elimination of child labour. To contribute to the achievement of this objective, the programme addresses key policy and legislative issues and provides grassroots-level support, including demonstration projects and local capacity building. ILO/IPEC assistance is provided to Yemen through a focused country programme approach for a period of three years. The Committee also observes that the House of Representatives has adopted the Yemeni Child Rights Law, issued on 19 November 2002, by virtue of which a working child is a person between 14 and 18 years of age. The Committee requests the Government to provide information on the functioning, powers and duties of the Child Labour Unit set up to combat child labour, as well as any developments regarding the ILO/IPEC programme aimed at the progressive elimination of child labour which started in 2002.

Article 2, paragraph 1. Scope of application

1. Self-employment. The Committee notes that, by virtue of sections 2 and 3(1) of the Labour Code, the text applies to any man, woman or young person working for an employer, under his/her supervision even if not within his/her sight, in consideration of a wage, under a written or unwritten contract of employment. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

2. Exclusion of limited categories of employment or work. The Committee notes that section 3(2) of the Labour Code excludes from its scope of application the following activities: casual workers; household servants and workers of equivalent status; persons employed in agriculture and pastoral work other than: (a) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products; (b) persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works; or (c) persons working in livestock husbandry. The Committee recalls that by virtue of Article 2, paragraph 1, the Convention applies to all sectors of activities and kinds of employment, as Yemen has not availed itself of any of the flexibility clauses contained in Article 4 of the Convention regarding the abovementioned activities. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that casual workers, household servants and the like, and all persons employed in agricultural and pastoral work benefit from the protection laid down in the Convention.

Article 2, paragraph 1

1. Minimum age for admission to employment or work. The Committee notes that, according to the report entitled Understanding children’s work in Yemen (ILO/UNICEF/World Bank, March 2003, paragraphs 3 and 13), section 133 of the Yemeni Child Rights Law of 2002 provides for a general minimum working age of 14 years, and a minimum working age of 15 years in industrial work. It also notes that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification, in accordance with Article 2, paragraph 4, of the Convention. The Committee requests the Government to provide a copy of the Yemeni Child Rights Law of 19 November 2002.

2. Minimum age for admission to industrial work. The Committee notes that section 133 of the Yemeni Child Rights Law of 2002 seems to set a minimum age for admission to industrial work of 15 years. The Committee draws the Government’s attention to the possibility laid down in Article 2(2) of the Convention to specify a higher minimum age for admission to employment or work than that specified at the time of ratification (14 years).

Article 2, paragraph 3. Compulsory education. The Committee observes that, according to article 53 of the Constitution, basic education is compulsory. It also notes that, according to the International Bureau of Education/UNESCO, Decree. No. 1319/1994 provides that basic education begins at 6 years of age and lasts for nine years. The Committee further notes the Government’s statement to the Committee on the Rights of the Child (CRC/C/70/Add.1, State report, 23 July 1998, paragraph 162) that the country is facing a high illiteracy rate which, according to the results of the 1994 general census, amounted to 55.8 per cent of the total population in the age group 10 years and above. It also indicated that there is considerable disparity between males and females, with the illiteracy rate amounting to 76.2 per cent among females as compared with 36.5 per cent for males. The Committee notes that the Ministry of National Education is currently implementing a nationwide programme in order to provide working children with access to education and to improve their retention and success rates, and also to develop a core group of skilled trainers within the education system equipped to deal with the educational issues of working children (Understanding children’s work in Yemen, ILO/UNICEF/World Bank, March 2003, paragraphs 34-35). The Committee also observes that significant progress has been made in the last decade in raising school enrolment rates. The basic level gross enrolment rate was estimated at 62 per cent in 2000, up from 50 per cent in 1990 (Understanding children’s work in Yemen (ILO/UNICEF/World Bank, March 2003, paragraph 11). Nevertheless, it observes that working children who also attend school work an average of 35 hours per week, fewer than their out-of-school counterparts, but still undoubtedly too many to be able to perform effectively in school. Only about one-third of 10-14 year-olds working children manage to attend school. Attendance is especially low for working girls - just 14 per cent of working girls go to school, compared to 59 per cent of working boys (Understanding children’s work in Yemen, ILO/UNICEF/World Bank, March 2003, paragraph 2). The Committee requests the Government to provide a copy of the texts regulating basic education, in particular Decree No. 1319/1994. It also asks the Government to provide information on the measures taken to improve the enrolment of children, especially girls, in basic education; and on the achievements of the nationwide programme implemented by the Ministry of National Education to provide working children with access to education.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee observes that section 49(3) of the Labour Code states that employers shall provide young persons with a healthy and safe working environment in accordance with the conditions and circumstances specified by the Minister. It also observes that section 49(4) of the Labour Code provides that it shall be prohibited to employ young persons in arduous work, harmful industries or jobs which are socially damaging. The Committee notes that, according to section 2 of the Labour Code, a young person is a male or a female of under 15 years of age. It also notes that section 46(1) of the Labour Code prohibits the employment of women, regardless of their age, in industries and occupations which are hazardous, arduous or harmful to their health or social standing. The Committee recalls that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or 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 shall not be less than 18 years. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no child, male or female, under 18 years of age may perform work that is likely to jeopardize their health, safety and morals.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes the Government’s statement in its report that the Ministerial Order No. 40 of 1996 has specified the occupations, tasks and industries in which the employment of young persons under the age of 15 years (section 2 of the Labour Code) is prohibited. It also notes that section 46 of the Labour Code provides that industries and occupations where it is prohibited to employ women shall be specified by an order of the Minister. The Committee requests the Government to provide a copy of Ministerial Order No. 40 of 1996 and to indicate whether this Order was adopted pursuant to section 49(4) of the Labour Code, according to which a ministerial order shall determine arduous work, harmful industries and jobs that are socially dangerous and therefore prohibited for young workers. It further asks the Government to provide a copy of the Order listing industries and occupations where it is prohibited to employ women.

Article 4. Exclusion of limited categories of employment or work. The Committee notes that the Government refers, in its report under this Article, to section 53 of the Labour Code, which provides for the exclusion of "young persons working with their family under the supervision of the head of the family" from the provisions of Chapter IV, Part II, of the Labour Code relating to child labour, provided that their work is performed in accordance with suitable health and social conditions. The Committee also observes that work performed by children in family enterprises accounts for 87 per cent of working children (Understanding children’s work in Yemen, ILO/UNICEF/World Bank, March 2003, paragraph 47). The Committee recalls that by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Paragraph 2, further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee requests the Government to state, in its next report, the position of its law and practice in respect of children working in family enterprises as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. The Committee also asks the Government to provide information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Minimum age for admission to vocational training. The Committee notes the Government’s statement in its report that it will send at a later date the conditions regulating work performed by young persons as part of vocational training. The Committee observes that section 111 of the Labour Code provides that, where the apprentice is a young person, the contract of apprenticeship shall be concluded between the employer and the legal guardian of the apprentice (section 111(2)). Since section 2 of the Labour Code states that a young person is a person under 15 years of age, the Committee observes that a child under 15 years of age may undertake vocational training. The Committee recalls that by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age undertakes vocational training in an undertaking and to provide information on the conditions prescribed by the competent authority regarding the employment of young persons for the purpose of vocational training.

Article 7. Light work. The Committee observes that the provisions regulating the employment of children younger than 15 years of age do not refer to light work and do not seem to regulate light work, as defined by the Convention. Indeed, section 49 of the Labour Code permits the employment of children up to seven hours a day or 42 hours a week, provided that there is a daily break of at least one hour. The Committee considers that the conditions set forth in this provision have been established to govern work done by children in general, and do not provide the necessary conditions to guarantee that light work carried out by children does not harm their health or development or prejudice their participation in education. Furthermore, the Committee also observes that, according to the report entitled Understanding children’s work in Yemen, it appears that quite a number of children under 14 years of age, which is the minimum age specified at the time of ratification, are economically active in some way or other. The Committee recalls that Article 7, paragraphs 1 and 4 of the Convention provides that national laws or regulations may permit persons from the age of 12-14 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that young persons from 12 years perform only light work and that such kind of work is prescribed by law which would determine light work activities, as well as the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9, paragraph 1. Sanctions. The Committee notes that section 154 of the Labour Code provides for penalties for the violation of the provisions of the Labour Code on child labour. It also notes the Government’s indications, in its report to the Committee on the Rights of the Child (CRC/C/70/Add.1, State report, 23 July 1998, paragraphs 37-38) that Act No. 25 of 1997 amended some provisions of the Labour Act No. 5 of 1995 so as to increase the protection of young persons. Thus, according to the Government’s statement, Act No. 25 of 1997 provides for an increased fine of 5,000 to 20,000 riyals for the violation of the provisions of the Labour Code on child labour; it also provides for a penalty of up to three months’ imprisonment, without prejudice to a more severe penalty. Moreover, the Government indicated to the Committee on the Rights of the Child that the Ministry of Social Security, Social Affairs and Labour issued, in 1996, a directive containing a list of violations and penalties to be imposed on persons who infringed the Labour Act, including provisions on the employment of children. The Committee notes however that, according to the report entitled Understanding children’s work in Yemen (page 31), legal sanctions for child labour violations, including fines of 5,000-20,000 riyals and up to three months’ imprisonment, are rarely applied. The Committee requests the Government to provide information on current penalties to be imposed on persons who infringe the provisions of the Labour Code on child labour and to provide a copy of the relevant text, including Act No. 25 of 1997. It also asks the Government to provide information on the application of the sanctions in practice.

Article 9, paragraph 3. Registers of employment. The Committee observes that section 51 of the Labour Code provides that employers shall keep a record of young persons and their social and occupational status indicating their names, age, name of guardian, date of entry into service, place of residence and any other information prescribed by the Ministry. The Committee also observes that a young person is defined as a person under 15 years of age under section 2 of the Labour Code. The Committee recalls that, by virtue of Article 9, paragraph 3, of the Convention the registers of employment to be kept by employers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Consequently, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the register of employment includes all workers under 18 years of age.

Part V of the report form. The Committee notes that the report entitled Understanding children’s work in Yemen provides numerous and detailed statistical data on the extent and characteristics of child labour in Yemen. The statistical information presented is drawn primarily from two recent household surveys - the 1998 Yemen Household Budget Monitoring Survey and the 1999 Yemen Poverty Monitoring Survey, both conducted by the Central Statistical Office. The abovementioned report shows that children as young as 6 are working (about 3.6 per cent) and that the number of working children increases as they get older. Thus, 13 per cent of 10 year-old children and 20.3 per cent of 14-year-old children work. It also highlights that children are mostly working with the family (87 per cent of children aged 10-14), a few are employees (5 per cent) or self-employed (4 per cent). The Committee also notes that child workers aged 6-9 work five hours a day and children aged 10-14 work around six hours a day. The Committee expresses its concern over the seriousness of the situation described above and asks the Government to increase its efforts with a view to remedying it, especially by providing precise information on the measures taken or envisaged to bring its practice into line with the new legislation and the Convention. The Committee requests the Government to continue to supply information on the practical application of the Convention including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.