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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the Government’s information 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.

The Committee notes from the Government’s fourth periodic report of 23 October 2012 to the CRC that draft amendments to the Code of Offences and Penalties has included a new section entitled “child exploitation offences” which provides penalties for the offences related to the sale and trafficking of children for the purpose of illegal exploitation (CRC/C/YEM/4, paragraph 524). The Committee also notes that according to section 26 of Ministerial Order No. 11 of 2013 (Ministerial Order No. 11) any person who buys, sells or disposes of a child under the age of 18 years for exploitation shall be sentenced to imprisonment for a minimum of ten years and for a maximum period of 15 years. The Committee requests the Government to provide information on the practical application of section 26 of Ministerial Order No. 11 indicating the number of investigations, prosecutions, convictions and penal sanctions applied for the offences related to the trafficking of children. It also requests the Government to provide information on any developments made with regard to the adoption of the amendments to the Code of Offences and Penalties and to supply a copy thereof.

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 section 2 of the Narcotics Act, No. 3/1993, which prohibits the use of a person to produce, import, export, buy or sell illicit drugs.

The Committee notes section 24 of Ministerial Order No. 11 which stipulates that any person who incites a child under the age of 18 years to use, trade or promote drugs, particularly the trafficking of drugs shall be sentenced to imprisonment for a minimum of five years and a maximum of eight years. The Committee requests the Government to provide information on the practical application of section 24 of Ministerial Order No. 11, indicating the number of infringements reported, investigations, prosecutions, convictions and penalties applied.

Clause (d). Hazardous work. The Committee previously noted the contradiction on the minimum age for hazardous work provided under section 4 of Ministerial Order No. 56 and sections 2 and 49(4) of the Labour Code Act No. 5 of 1995.

The Committee notes that according to section 10 of Ministerial Order No. 11 which repeals Ministerial Order No. 56, children aged between 14 and 18 years may perform light work, provided that such work shall not jeopardize their mental and physical health and shall not affect their attending school on a regular basis. The Committee, however, notes that Ministerial Order No. 11 does not appear to repeal section 49(4) of the Labour Code which prohibits the employment of young persons under 15 years of age in hazardous work. The Committee recalls 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, therefore, urges the Government to take the necessary measures to harmonize the provisions of the Labour Code so as to ensure that no child under the age of 18 years shall be permitted to work in hazardous work in accordance with Article 3(d) of the Convention. It requests the Government to provide information on developments made in this regard.

Article 6. Programmes of action. 1. National action plan on trafficking. The Committee notes from the Government’s fourth periodic report to the CRC of 2012 that a national plan to combat child smuggling was endorsed by the Supreme Council for Motherhood and Childhood in August 2008. The plan regulates the full range of activities and programmes which all governmental institutions and NGOs are required to carry out to protect and care for children exploited in smuggling. The Government further indicated in its fourth periodic report to the CRC that the plan envisages a number of interventions focused on developing legislation and laws, strengthening coordination, cooperation and partnership, training, capacity building, raising awareness and disseminating information (CRC/C/YEM/4, paragraph 523). The Committee requests the Government to indicate whether the national action plan to combat child smuggling has been implemented, and if so, to provide information on its impact in preventing and combating the trafficking of children under the age of 18 years.

2. National policy and programme framework for the elimination of the worst forms of child labour. The Committee notes from the Government’s fourth periodic report to the CRC that the Government is in the process of reviewing the National Strategy for Children and Youth in conjunction with the Supreme Council for Motherhood and Childhood to include the issue of child labour as well as drafting a national action plan in cooperation with the ILO and the Centre for Lebanese Studies (CRC/C/YEM/4, paragraph 496). The Committee requests the Government to provide information on the development of the national action plan and on the specific measures taken within this action plan for the elimination of the worst forms of child labour.

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 were 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 absence of information in the Government’s report. The Committee, therefore, once again urges the Government to collect information on the number of infringements of the provisions related to the worst forms of child labour that have been reported, as well as the number of investigations, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the information contained in the Government’s fourth periodic report to the CRC of 2012 that it has adopted a number of measures, including policies and implementation actions to reduce the gender gap in school enrolment which include: establishing a special section for girls’ education at the Ministry of Education; exempting girls in grades 1 to 6 from community contribution fees; introducing incentives for girls such as school bags, uniforms and lunch vouchers; introducing a girl-friendly school system; supplying more women teachers; diversifying the educational programmes and introducing occupational and vocational training programmes for girls; and organizing several training courses, seminars and awareness-raising programmes to explain the importance of girls’ education. It also notes from the Government’s fourth report to the CRC of 2012 that the Social Development Fund programme for rural girls’ education has contributed significantly to an increase in the number of girls enrolled in basic education in rural areas amounting to 122 per cent for girls (CRC/C/YEM/4, paragraphs 341 and 346). The Committee notes that the Education For All Fast-Track Initiative project (2009–13) implemented by the World Bank to increase access of children, especially girls, to primary education in seven governorates of Yemen has resulted in the enrolment of 747,594 boys and 539,602 girls in grades 1 to 6 and has created 15,690 new and improved student places (mainly for girls) (World Bank Report No.: ISR11655, June 2013).

The Committee notes, however, that according to the UNESCO Institute for Statistics, in 2011, the net enrolment rates (NER) in primary education was 76 per cent (82 per cent boys and 69 per cent girls) while the NER at the secondary school was 40 per cent (48 per cent boys and 31 per cent girls). It further notes from the UNICEF Yemen Situation report of August 2013 that according to the findings of the Out of School Children Survey conducted by UNICEF in Al Dhale governorate, 78 per cent of the 4,553 children who dropped out of school were girls. While noting the various measures taken by the Government to improve access to education, the Committee expresses its concern at the low rates of enrolment in primary and secondary school, particularly of girls. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, especially girls, by increasing the school enrolment rates at the primary and secondary levels and by decreasing their drop-out rates. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

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. Trafficking. The Committee previously noted 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. It also 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 that the Government has not provided any further information on this point. It notes that in its concluding observations, the CRC on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC on the OPSC) expressed its concern at the extent of sale of children, particularly from impoverished communities with the consent of the victim’s parents and at the lack of comprehensive preventive measures to address this offence. The CRC on the OPSC further expressed its concern at the scarce availability of social reintegration and physical and psychological recovery measures for child victims, including child victims of trafficking, prostitution and child pornography (CRC/C/OPSC/YEM/CO/1, paragraphs 27 and 53). The Committee, therefore, requests the Government to take effective and time-bound measures to prevent children from becoming victims of trafficking and to remove them from this worst form of child labour. It also requests the Government to adopt specific measures to ensure the rehabilitation and social integration of these children, 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.

Application of the Convention in practice. The Committee notes from the Government’s fourth report to the CRC of 2012 that the labour department at the Ministry of Social Affairs and Labour is in the process of establishing a national database on child labour (CRC/C/YEM/4, paragraph 48). The Committee requests the Government to provide information on any progress made in establishing a national database on child labour. The Committee further requests the Government to take the necessary measures to ensure that statistics on the incidence of the worst forms of child labour, including trafficking, child sexual exploitation of children and children in hazardous types of work are made available.