Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee requests the Government to indicate precisely those legal provisions which define the terms "dependent child" and "other members of the immediate family who clearly need care or support", in relation to men and women workers with family responsibilities. In this regard, the Committee recalls that Article 10 of the Convention permits a ratifying State to implement the provisions of the instrument in stages, provided that whatever measures are taken, are applied to both men and women workers with responsibilities in relation to their dependent children. Article 10 would thus permit a government to apply the Convention gradually to men and women workers with responsibilities in relation to other members of their immediate family who clearly need care or support (such as older persons or disabled family members).

2. Article 2. The Committee requests the Government to indicate the measures taken to apply the Convention to all branches of economic activity and to all categories of workers.

3. Article 3. Noting that the report contains no information on any measures which may have been taken to apply this Article of the Convention, which is the central requirement of the instrument, the Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this regard, the Committee refers to paragraphs 54 to 95 inclusive of its 1993 General Survey on workers with family responsibilities, which provide further information on the formulation and implementation of such a national policy.

4. Article 4. The Committee notes the constitutional provisions relating to the entitlement of all citizens to work and to the prohibition of discrimination on the basis of sex (articles 21 and 27 of the Constitution respectively), section 12(c) of the Civil Service Act, 1991, relating to non-discrimination in regard to access to the public service, and the measures set out in this Act and in the 1970 Labour Code concerning maternity leave. The Committee wishes to point out, however, that Article 4 calls for special measures which take account of the needs of men and women workers with family responsibilities in relation to gaining employment and as concerns their terms and conditions of employment and social security. Accordingly, the Committee requests the Government to indicate any measures, in legislation and in practice, which are designed to create effective equality of opportunity and treatment for workers with family responsibilities by considering their special employment and social security needs. Reference is made, in this regard, to Chapters III and IV of the 1993 General Survey.

5. Article 5. The Committee notes the Government's statement that many social services are provided for child and family care, including social assistance, medical care, education and other services. It also notes the specific information on the Government's efforts to provide basic health-care facilities, kindergartens and nurseries, outlined in the Government's report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/YEM/3 of 19 November 1992). The Committee would be grateful if the Government would provide further information on the measures taken to respond to the needs of workers with family responsibilities in community planning and services. The Committee refers the Government, in this regard, to the information and explanations contained in Chapter V of its 1993 General Survey.

6. Article 6. The Committee notes that a workers' education department in the Ministry of Social Security, Social Affairs and Labour disseminates information and raises the awareness of workers about their rights under international instruments. The Committee requests the Government to provide information on the specific measures undertaken by this department, and by any other relevant agency, to promote information and education so as to engender a broader public understanding of the principle of the Convention and of the problems of workers with family responsibilities in order to create a climate conducive to overcoming these problems.

7. Article 7. The Committee notes the reference made by the Government to Chapter III of the Labour Code, which deals with vocational training and the employment of women and young persons. The Committee observes that this provision of the Convention is concerned with specific measures taken to assist the employment of workers with family responsibilities. Bearing this in mind, the Committee requests the Government to indicate whether measures have been taken, or are contemplated, particularly to assist workers with family responsibilities to enter or re-enter employment, such as through courses tailored specifically for workers who may not have been able to pursue vocational training because of their family obligations, or to update the training of those who wish to re-enter the labour market after having withdrawn for family reasons.

8. Article 8. The Committee notes that the ground of family responsibilities is not included among the reasons for which termination of employment is deemed lawful in the Labour Code (section 50). The Committee requests the Government to provide information on the practical application of this provision of the Convention, including any measures taken to ensure that workers are not dismissed by reason of their potential or actual family responsibilities. The Committee also requests the Government to consider inserting into the new Labour Code, a provision that proscribes termination on the specific ground of family responsibility.

9. Article 10. Referring to paragraph 1 above, the Committee requests the Government to indicate whether it intends to make use of the faculty given by paragraph 1 of this Article (see paragraph 252 of the 1993 General Survey).

10. Article 11. The Committee requests the Government to provide information on the manner in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

11. The Committee recalls that the technical assistance of the Office is at the disposal of the Government if it so wishes to provide advice on the implementation of the Convention.