Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted the work of the Child Labour Unit (CLU) attached to the Ministry of Social Affairs and Labour (MoSAL), and noted that a strategy for childhood and young persons has been adopted, including measures to develop a comprehensive monitoring system for child labour. The Committee requested the Government to provide further information on national policy measures taken to eliminate child labour.

The Committee notes the information in the ILO–IPEC final technical progress report for the project “Supporting the national policy and programme framework (NPPF) for the elimination of the worst forms of child labour (WFCL) in Lebanon and Yemen” (ILO–IPEC TPR) released 15 August 2008, that the CLU has taken an active role in mainstreaming child labour issues in government policies. The Committee notes that child labour issues are addressed in the Government’s third Five-Year Plan for Socioeconomic Development (2006–10) and the National Poverty Reduction and Childhood and Youth Strategy. The Committee also notes that the NPPF includes measures to raise awareness on the issue of child labour by the Ministry of Youth and Sports, the Ministry of Education and the Ministry of Information, including radio and TV advertisements on the subject, the release of a CD with anti-child labour songs, the distribution of anti-child labour posters, and the training of 100 teachers in five governorates on the teacher’s guide to combating child labour. The Committee further notes the information in the Government’s written reply of 7 August 2009 to the list of issues of the Committee on the Rights of the Child (CRC), in connection with the consideration of its initial report submitted for Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OPSC) that the CLU continues to raise awareness on child labour issues, including the initiative “Day without work” focusing on rights awareness and granting children the freedom to play, in addition to an awareness programme on the consequences of dropping out of school, and briefings for local authorities about the Government’s role in curbing child labour (CRC/C/OPSC/YEM/Q/1/Add.1, pages 19–20). The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, as well as information on the results obtained.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers are excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, household servants and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. The Committee also noted the government indication that the current exemptions in the Labour Code would be addressed in forthcoming amendments to the Labour Code and the Child Rights Law, taking into account the Committee’s comments. The Committee further noted that the Government’s indication that section 5 of the Ministerial Order No. 56 of 2004 (Ministerial Order No. 56) states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. Additionally, the Committee noted the information in the Government’s report that the text of these regulations applies to all employers, including employers of family enterprises. The Committee requested the Government to provide information on the forthcoming amendments to the Labour Code. The Committee also requested the Government to provide a copy of the Ministerial Order No. 56, and to provide information on the impact of its enforcement on reducing the number of children under 15 working in the categories of workers excluded from the scope of application of the Labour Code.

The Committee notes the Government’s indication that a draft amendment to the Labour Code has been formulated, and that following reviews by the Ministry of Legal Affairs and the MoSAL, this amendment will be sent to the Council of Ministers, who will then send it to the House of Councillors. The Committee also notes the copy of the Ministerial Order No. 56 of 2004 submitted with the Government’s report, and notes that this regulation does not contain provisions excluding categories of workers, as in the Labour Code. The Committee further notes the Government’s statement that it is commencing a survey on working children, in collaboration with the ILO and that it will communicate to the Committee detailed information on self-employed workers, workers in family enterprises, casual workers, domestic workers and agricultural workers following the completion of this survey.

The Committee encourages the Government to continue its efforts to ensure the adoption of the amendments to the Labour Code and requests the Government to provide information on any new developments in this regard, in particular concerning the categories of workers excluded from the scope of application of the Labour Code by virtue of sections 3(2) and 53. The Committee also requests the Government to provide a copy of the amended Labour Code, when it is adopted. The Committee further requests the Government to provide information from the survey on working children, particularly with regard to self-employed workers, workers in family enterprises, casual workers, domestic workers and agricultural workers, when such information is available.

Article 2, paragraphs 1 and 2. Minimum age for admission to employment or work. The Committee previously noted that section 5 of the Ministerial Order No. 56 states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years, while section 133 of the Yemeni Child Rights Law of 2002, establishes the general minimum age for admission to work at 14 years. Noting the Government’s information that an amendment modifying the minimum age for working children was in preparation, the Committee encouraged the Government to adopt legislation addressing this contradiction.

The Committee notes the Government’s statement that it has submitted the draft amendments to several laws relating to the minimum age to the House of Councillors, in application of the provisions of Conventions ratified by Yemen. Noting that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification, the Committee draws the attention of the Government towards the possibility of raising the minimum age by notifying the Director-General of the ILO in virtue of Article 2(2) of the Convention. The Committee expresses the hope that the draft amendment which modifies the general minimum age in the relevant Acts will be adopted in the very near future, and requests the Government to provide a copy of this legislation once adopted.

Article 2, paragraph 3. Compulsory education. The Committee previously noted that the Government’s basic education development strategy (BEDS), as part of the Education for all: fast track initiative, comprised of several measures aimed at increasing the educational opportunities for boys and girls in rural areas. The Committee also noted the establishment of the basic education development project by the World Bank, which aims to assist Yemen in expanding the provision of quality basic education to all (grades 1–9), with special attention to gender equity. Recalling the importance of education for the abolition of child labour, the Committee asked the Government to continue to provide information on the measures taken to improve the enrolment of children, especially girls, in basic education.

The Committee notes the Government’s statement that it works to apply the provisions of the Constitution, which relate to compulsory education, by virtue of which no child under the age of 14 shall be in the labour market. The Committee also notes the information in the World Bank project information document concerning the project “Education for all: fast tract initiative catalytic fund (Phase III)”, of July 2009 (WB PID), that educational development is a main strategic object of the Government’s Third Five-Year Plan (2006–10), and that educational expenditures continue to be prioritized in the national budget (ranging over the last decade from 14–21 per cent). The WB PID indicates that through the BEDS, the Government has taken several initiatives to increase enrolment rates, such as the abolition of school fees for girls in grades 1–6 and for boys in grades 1–3, starting in September 2007, and that enrolment rates continue to rise.

However, the Committee notes the indication in the WB PID that there remains a significant gap in the gross enrolment rate for basic education for girls and boys; in 2007–08 the overall gross enrolment was 83 per cent for boys and 64 per cent for girls (for an overall gross enrolment rate of 74 per cent). The Committee also notes that this document indicates that the grade 6 completion rate was 49 per cent for girls, 70 per cent for boys and 60 per cent overall in 2006–07. Furthermore, the Committee notes the information in this document that, as of 2005, there was an estimated 1.8 million children aged 6–14 years who were not in school. The Committee expresses serious concern at the number of children, particularly girls, between the ages of 6 and 14, who do not attend school, and requests the Government to redouble its efforts to improve the functioning of the education system, within the framework of the basic education development strategy. The Committee also requests the Government to provide information on measures taken in this respect, and on the impact of these measures, particularly with regard to the enrolment rates of girls and children in rural areas.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee previously noted that section 49(4) of the Labour Code states that it is prohibited to employ a young person under 15 years of age in hazardous work. The Committee noted the Government’s information that, while section 4 of the 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, this section did not repeal the relevant provisions in the Labour Code.

The Committee notes the information in the Government’s report submitted under Convention No. 182 on the Worst Forms of Child Labour Convention, 1999, that the forthcoming amendments to the Labour Code take into account the Committee’s observation on the contradictory provisions in the Labour Code and the Ministerial Order No. 56 concerning the age of admission to hazardous work. The Committee encourages the Government to take the necessary measures to ensure the adoption, in the near future, of the amendments to the Labour Code to prohibit the employment of children under 18 years in hazardous work.

Article 3, paragraph 2. Determination of hazardous work. In previous comments, the Committee asked the Government to provide a copy of the list of the 57 types of hazardous work which are prohibited for children under 18 years. The Committee notes with interest that section 21 of the Ministerial Order No. 56 prohibits any employer to employ a person under 18 years of age in hazardous work, and lists 57 types of prohibited work, including work in mining or quarrying, dying leather, work in slaughterhouses, work in the manufacture of explosives, smelting, work with lead, mercury or silicon, work in the manufacture of sodium or rubber and work unloading or loading at ports.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted that the Labour Code does not contain a minimum age for apprenticeships, and noted the Government’s statement that it shall take into account the Committee’s comments on this issue when amending the Labour Code. Noting the absence of information on this point in the Government’s report, the Committee again recalls that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship. The Committee accordingly requests the Government to take the necessary measures to ensure that the amendments to the Labour Code will be in conformity with Article 6 of the Convention. It asks the Government to provide information on any developments in this regard in its next report.

Article 7. Light work. The Committee previously noted the Government’s indication that it would take the Committee’s comments and Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), into consideration in identifying what is light work, in conformity with Article 7 of the Convention. The Committee requested the Government to provide information on measures taken to ensure the adoption of regulations determining the activities that constitute light work, as well as prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee notes the Government’s statement that the Ministerial Order No. 56 requires redrafting, to identify light work in which the employment of children between the ages 13 and 15 is allowed. The Committee notes that section 6 of the Ministerial Order No. 56 states that the exemption of employment or work of persons between 13–15 years may only be authorized if the work is light work, that shall not be harmful to their health, moral or physical development and will not prevent them from attending school, or participate in guidance programmes or vocational training, nor weaken their capacity to benefit from education. The Committee requests the Government to provide a copy of the Ministerial Order No. 56, once redrafted.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee also noted the information in the Government’s report that the MoSAL’s plan for 2006 includes labour inspections and the imposition of penalties specified in the Labour Code, and its complementary regulations. The Committee notes the Government’s statement that a copy of the abovementioned regulations concerning violations to the Labour Code will subsequently be communicated. The Committee once again requests the Government to provide further information on the Ministry of Social Affair and Labour’s Plan for 2006 and its impact on the application of the penalties for the violation of provisions on child labour, in practice. The Committee also requests the Government to send the regulations on the penalties of persons who violate the provisions of the Labour Code in the near future.

Article 9, paragraph 3. Registers of employment. The Committee previously noted that section 139 of the regulations putting into effect the Child Rights Act No. 45 of 2002 (Child Rights Act) states that an employer shall prepare a register which indicates the name of a working child, his guardian, the date on which he/she started work, place of residence and any other data required by the Ministry. Nonetheless, the Committee noted that these provisions did not specify that the employer must indicate the age or date of birth of the workers under the age of 18 employed.

The Committee notes the Government’s indication that the Department on Civil Status and the Civil Registers is responsible for registering all new births and for issuing birth certificates and identity cards (for children who have reached 16 years of age). The Committee also notes the information in the Government’s report that a copy of the regulations putting into effect the Child Rights Act shall be communicated to the Committee in due course. The Committee observes that the Government’s information does not address the employers’ obligation to keep records with workers’ age or birth date. The Committee recalls that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers 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 under 18 years of age. The Committee again requests the Government to ensure that the registers kept pursuant to section 139 of the regulations putting into effect the Child Rights Act contain the ages or birth dates of persons who are less than 18 years of age, in conformity with Article 9(3) of the Convention. The Committee also requests the Government to supply a copy of the regulations putting into effect the Child Rights Act No. 45 of 2002.

Part III of the report form. Labour inspection. The Committee notes the information in the Government’s written reply of 7 August 2009 to the list of issues of the CRC, in connection with the consideration of its initial report submitted for CRC OPSC, that following the promulgation of Ministerial Order No. 56, a total of 5,041 visits have been paid to child workers in their workplaces and fifteen child labour inspectors have been given training. The Committee also notes that, as a result of these visits, 341 child workers have been returned to school and 505 children have been redeployed to light work that is suited to their physical capacities.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that it is undertaking a survey on child labour activities. The Committee notes the information in the ILO–IPEC document “Summary outline for the action programme: Child labour survey and the development of a database on child labour”, that the implementing agency is the Central Statistics Office of Yemen (CSO), in close collaboration with the MoSAL. The Committee also notes that this programme aims to collect information on the character, nature, size, and reasons for child labour in Yemen, and to determine the conditions of work and their effects on the health, education and normal development of the working child. The Committee further notes that the ILO–IPEC programme in support of the child labour survey aims to strengthen the capacity of the CSO to carry out surveys to collect child labour data in the long term, and will include training for staff. In addition, the Committee notes the information in the ILO–IPEC TPR that in 2007 a baseline study on children working in fisheries was conducted in three areas (Fuqum, Amran and Al khaissa), supervised by the Aden Centre for Combating Child Work, and a study was conducted by MoSAL on the effect of girls working with pesticides in the Al Qatin area.

The Committee requests the Government to provide information from the child labour survey, when it becomes available. It also requests the Government to provide information from the abovementioned studies on children working in fisheries and girls working with pesticides, both conducted in 2007. The Committee further requests the Government to provide any additional information on the application of the Convention in practice, including extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the creation of the Child Labour Unit attached to the Ministry of Social Affairs and Labour and set up by virtue of Ministerial Order No. 28 of 2000. It had also taken note of the composition of this Child Labour Unit and of the activities it carried out from 2002 to 2005 with regard to child labour. The Committee notes the Government’s information that the National Conference for Childhood and Young persons, held from 19 to 22 February 2006, adopted a strategy for childhood and young persons. This strategy highlights the efforts deployed for the abolition of child labour, for the prohibition of employment of children under the age of 18 in dangerous work and for the rights of children to education, health and family ties. It also includes the development of a comprehensive monitoring system for child labour, elaborated in collaboration with non-governmental organizations, civil society organizations and ILO/IPEC. The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, as well as information on the results obtained.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee had noted the exemptions to the application of the Labour Code provided for in sections 3(2) and 53. It had then noted the Government’s indication that regulations identifying tasks from which the employment of children under 18 is prohibited were promulgated by virtue of a Ministerial Order of 2004 and that these regulations apply to all employers, including employers of family enterprises. Section 5 of these regulations states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee had also noted the Government’s information that the current exemptions in the Labour Code would be amended in the amendments to the Labour Code and the Child Rights Law and that categories excluded from its scope of application were taken into account when preparing the draft amendments to the Labour Code. The Committee notes the Government’s information that a workshop will be organized to discuss such amendments with the governorates of Yemen with the participation of social partners. Noting the absence of information with regard to the Ministerial Order of 2004, the Committee once again requests the Government to provide a copy of it along with its next report. The Committee also reiterates its request that the Government provide information on any relevant impact of the enforcement of the regulations of 2004 on reducing the number of children under 15 working: (a) as self-employed workers; (b) in family enterprises; (c) as casual workers; (d) as household servants; and (e) in agricultural and pastoral work. Furthermore, the Committee urges the Government to renew its efforts to ensure the adoption of the amendments to the Labour Code and requests the Government to provide information on any new development in this regard, in particular concerning the categories formerly excluded from the scope of application of the Labour Code by virtue of sections 3(2) and 53.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously asked the Government to indicate whether section 5 of the regulations issued by virtue of the Ministerial Order of 2004, which sets the general minimum age for employment or work at 15 years, repeals and replaces section 133 of the Yemeni Child Rights Law of 2002, which establishes the general minimum age for admission to work at 14 years. The Committee notes the Government’s information that the regulations issued by virtue of the Ministerial Order of 2004 does not repeal section 133 of the Yemeni Child Rights Law of 2002 because a law can only be rescinded by another law formulated specifically for this purpose. It further notes that a draft amendment on modifying the minimum age for working children is currently being worked upon. Considering the contradictory nature of Yemeni legislation as pertains to the general minimum age for admission to employment or work, the Committee expresses the hope that the draft amendment which modifies the general minimum age will be adopted in the very near future.

Article 2, paragraph 3. Compulsory education. Following its previous comments, the Committee had asked the Government to continue providing information on the measures taken to improve the enrolment of children, especially girls, in basic education. The Committee notes the Government’s information concerning the strategy for the development of basic education it launched and on which it based several measures aimed at increasing the education opportunities for boys and girls in rural areas. The Committee also notes the establishment of the Basic Education Development Project by the World Bank and which has the objective of assisting Yemen in expanding the provision of quality basic education to all (grades 1–9) with special attention on gender equity. According to the Project Information Document, the objective of the Basic Education Development Strategy is to achieve universal access to primary education by 2015. The Committee notes that improvement in this regard has occurred: the ratio of girls to boys enrolled in basic education has increased from 38 to 39 per cent from 2002/03 to 2005 and the gross enrolment rate in basic education has increased from 64 to 68 per cent during the same period. However, free access to compulsory education and the high cost of schooling remain an important problem in Yemen. Considering the importance of education for the abolition of child labour, the Committee encourages the Government to pursue its efforts to improve the enrolment of children, especially girls, in basic education. It requests the Government to continue providing information on the measures taken in this regard.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted the Government’s statement that section 4 of the regulations issued with the Ministerial Order of 2004 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. The Committee notes the Government’s information that section 4 of the regulations does not repeal section 49(4) of the Labour Code, which states that it is prohibited to employ a young person under 15 years of age in hazardous work. The Committee notes the Government’s information that amendments which related to children were inserted in Yemeni legislation. The Committee observes the contradiction between the regulations of the Ministerial Order of 2004 and the provisions of the Labour Code in respect of the minimum age for admission to hazardous work. Recalling 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 take the necessary measures to ensure that the Labour Code is amended so as to prohibit hazardous work for children under 18.

Article 3, paragraph 2. Determination of hazardous work. In its previous comments, the Committee had asked the Government to provide a copy of the list of 57 types of hazardous work which are prohibited for children under 18 years. This document is not joined to the Government’s report. The Committee therefore once again requests the Government to provide a copy of the list thereof with its next report.

Article 6. Minimum age for admission to apprenticeship. Following its previous comments, the Committee notes the Government’s statement that it shall take into account the Committee’s comments when amending the Labour Code, which does not contain a minimum age for apprenticeship. Recalling that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship, the Committee urges the Government to take the necessary measures to ensure that no child under the age of 14 years follows an apprenticeship in an undertaking.

Article 7. Light work. Referring to its previous comments, the Committee notes the Government’s information that it shall take the Committee’s comments and Paragraph 13(1)b) of the Minimum Age Recommendation, 1973 (No. 146) into consideration in identifying what is light work, in conformity with Article 7 of the Convention. The Committee asks the Government to provide information, in its next report, on the measures taken to ensure that regulations determine the activities that constitute light work, as well as prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee had noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee had also noted the Government’s information that the Ministry of Labour’s Plan for 2006 includes labour inspections and the imposition of penalties specified in the Labour Code and its complementary regulations. Noting the absence of information on this point in the Government’s report, and noting that the copy of the regulations relating to the penalties for persons who violate the provisions of the Labour Code has not been provided, the Committee once again asks the Government to provide a copy of said document in its next report. It also once again requests the Government to provide further information on the 2006 plan of the Ministry and its impact on the application of the penalties in practice.

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes that section 139 of the regulations putting into effect Act No. 45 of 2002 on the rights of the child specifies that an employer shall prepare a register of their names, their occupational and social situation, which indicates the name of the working child, his guardian, the date on which he/she started work, place or residence and any other data required by the Ministry. Section 2 of these regulations defines a child as being any person who has not exceeded 18 years of age. However, the Committee notes that the abovementioned provisions do not specify that the employer must indicate the age or date of birth of the workers employed. Therefore, in conformity with Article 9 of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 139 of the regulations putting into effect Act No. 45 of 2002 contain the ages or dates of birth of persons who are less than 18 years of age. The Committee also requests the Government to supply a copy of the regulations putting into effect Act No. 45 of 2002 on the rights of the child.

Part V of the report form. Application of the Convention in practice. Noting that no additional statistical information on the manner in which the Convention is applied is supplied by the Government in its report, the Committee requests the Government to provide such information in its next report, including statistical data by age bracket on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

The Committee also requests the Government to keep it informed of progress made in enacting the draft amendments to the Labour Code. In this regard, it hopes that due consideration will be given to the Committee’s outstanding comments.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that the Child Labour Unit, attached to the Ministry of Social Affairs and Labour, was set up by virtue of Ministerial Order No. 28 of 2000. It notes the Government’s information that this Unit is composed of: (1) an Apprenticeship Department which is competent, amongst others, for assisting working children to obtain opportunities for occupational rehabilitation, apprenticeship, and the development of skills; (2) a Unit on Working Children which is competent, inter alia, for adopting measures to ensure that the minimum age is respected when a child is employed; and (3) a Protection of Working Children Unit which is competent for reducing the exploitation of children in hazardous work and for monitoring workplaces employing children illegally. The Committee notes the Government’s information that some of the most important activities carried out by the Child Labour Unit from 2002 until June 2005 concern: (a) the training of child labour inspectors and inspections in workplaces, including the agricultural sector; (b) a working team targeting occupational safety and health; (c) various meetings addressing the issues of reducing child labour, removing children from hazardous work, and reducing drop-out rates in schools; (d) numerous awareness-raising training sessions and workshops in different governorates on the harmful effects of child labour and on hazardous work and activities; (e) the dissemination of information and publications on the issue of combating child labour and the activities of the Child Labour Unit; (f) issuing regulations on types of hazardous work prohibited for children under 18 years. The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and on the results attained.

Article 2, paragraph 1. 1. Scope of the application. In its previous comments, the Committee had noted that, by virtue of sections 2 and 3(1) of the Labour Code, this 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. It had also noted 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 had also observed, under Article 4, of the Convention, that section 53 of the Labour Code provides for the exclusion of "young persons working with their family under the supervision of the head of the family". It had asked the Government to provide 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. It had also requested 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.

The Committee notes the Government’s information that regulations identifying tasks from which the employment of children under 18 is prohibited were promulgated by virtue of a Ministerial Order of 2004. Section 5 of these regulations states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee also notes the Government’s information that the text of these regulations applies to all employers, including employers of family enterprises. It notes that, according to the Government, the current exemptions shall be amended in the amendments to the Labour Code and the Child Rights Law. Moreover, categories excluded from the scope of application of the Labour Code, especially domestic workers, were taken into account when preparing the draft amendments to the Labour Code. The Committee requests the Government to provide a copy of the regulations promulgated by virtue of the Ministerial Order of 2004. It also requests the Government to provide information on any development with regard to the adoption of the draft amendments to the Labour Code, in particular concerning the categories formerly excluded from its scope of application by sections 3(2) and 53. The Committee finally asks the Government to provide information on any relevant impact of the enforcement of the regulations of 2004 on reducing the number of children under 15 working: (a) as self-employed workers; (b) in family enterprises; (c) as casual workers; (d) as household servants; and (e) in agricultural and pastoral work. It also asks the Government to provide information on the abovementioned categories, in particular with regard to their age, number and the types of work they undertake, as well as their involvement in types of hazardous work.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously noted that 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 had also noted that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification. The Committee notes the Government’s statement that it had set down a minimum age higher than that announced when it ratified the Convention which is 14 years, because the Constitution of Yemen specifies that basic education is compulsory until the age of 15 years. The Committee also notes the Government’s information that, according to section 5 of the regulations approved by Ministerial Order of 2004, the minimum age for admission to employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee requests the Government to indicate whether section 5 of the regulations issued by virtue of Ministerial Order of 2004, generally establishing 15 years as the minimum age for admission to work, repeals and replaces section 133 of the Yemeni Child Rights Law of 2002.

Article 2, paragraph 3. Compulsory education. The Committee had previously requested 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. The Committee notes the Government’s information that, according to section 81 of Act No. 45 of 2002, relating to the rights of the child, basic education is compulsory and provided free by the State. It also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/129/Add.2 of 3 December 2004, paragraphs 211-240), a number of initiatives have been taken in order to improve the enrolment of children in basic and secondary education and eradicate illiteracy, such as: increasing the number of basic and secondary schools; elaborating strategies for literacy and for girls’ education; providing admission to general education to children deprived of a family environment (Ministerial Decree No. 407 of 1999); modernizing the education process; prioritizing education in the Government’s expenditure; focusing on poverty alleviation; strengthening vocational training and technical education. It notes that, according to the same source, the findings of the Periodic Education Survey of 2000-01 indicate that the proportion of female students in the basic stage amounts only to 36 per cent (while the proportion of boys amounts to 64 per cent). Furthermore, 42 per cent of girls in the 6-15 age group are not enrolled in education. The Committee requests the Government to continue providing information on the measures taken to improve the enrolment of children, especially girls, in basic education.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that, by virtue of section 49(4), of the Labour Code, it shall be prohibited to employ young persons (i.e. under 15 years) in hazardous work. The Committee notes with interest the Government’s information that, by virtue of section 4 of the regulations issued with the Ministerial Order of 2004, 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. The Committee asks the Government to indicate whether the regulations of 2004 repeal section 49(4) of the Labour Code.

Article 3, paragraph 2. Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that section 21 of the regulations of 2004 on hazardous work specifies that employers may not employ children under 18 years in types of hazardous work. Section 21 also lists 57 types of hazardous work, which are prohibited for children under 18 years. The Committee asks the Government to provide a copy of the list thereof with its next report.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously observed that, according to the Labour Code, it appears that a child under 15 years of age may undertake an apprenticeship. The Committee notes the Government’s information that, by virtue of section 112 of the Labour Code, the period spent by an apprentice is calculated as part of his effective service if he stays on in the work with an employer for a minimum period of two years. A certificate of industrial apprenticeship shall be issued by the Ministry of Labour or one of its offices to the apprentice when he/she finishes the period of apprenticeship. However, the Committee notes that the Government’s report contains no information regarding the minimum age for admission to apprenticeship. The Committee once again reminds the Government 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. It requests the Government to indicate what the minimum age is for admission to apprenticeship. If no age is fixed in the Labour Code for apprenticeship, the Committee once again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee notes the Government’s information that section 6 of the regulations of 2004 states that the exemption of employment or work of persons between 13 and 15 years may only be authorized in accordance with the following conditions: (a) it constitutes light work; (b) work shall not be harmful to their health, moral or physical development; and (c) the work of children shall not prevent them from attending school, or participate in guidance programmes or vocational training, nor weaken their capacity to benefit from education. The Committee notes the Government’s information that section 137 of the Child Rights Law sets up conditions for working children, including working hours, that shall not exceed six hours. Moreover, a working child shall not stay at the workplace for a period exceeding seven hours per day. The Committee observes that work performed by a child for six hours per week could easily prejudice his/her attendance at school or participation in vocational orientation or training programmes, and therefore may not be considered as light work pursuant to Article 7, paragraph 1, of the Convention. It also notes that the activities constituting light work do not appear to be determined in the regulations of 2004 nor in the relevant legislation. The Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In this regard, the Committee also draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 13(b) states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day, and for leisure activities. The Committee, accordingly, requests the Government to take the necessary measures to ensure that the competent authority determines what is light work and prescribes the number of hours during which, and the conditions in which, such employment or work may be undertaken, in conformity with Article 7 of the Convention. The Committee trusts that, in determining light work, the Government will take into consideration Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146).

Article 9, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and sections 28-41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee also notes the Government’s information that the Ministry of Labour’s Plan for 2006 includes labour inspections and the imposition of penalties specified in the Labour Code and its complementary regulations. The Committee asks the Government to provide a copy of the regulations on penalties for persons who violate the provisions of the Labour Code. It also asks the Government to provide further information on the 2006 Plan of the Ministry and its impact on the application of the penalties in practice.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 51 of the Labour Code provides that employers shall keep a record of young persons (i.e. under 15 years of age), indicating their names, age, and date of entry into service. The Committee had recalled 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. Noting the absence of information on this point in the Government’s report, the Committee once again 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 had previously expressed its concern at the situation of children as young as 6 found working. It had noted that 13 per cent of 10-year-old children and 20.3 per cent of 14-year-old children work. Children mostly work with the family (87 per cent of children aged 10-14), a few are employees (5 per cent) or self-employed (4 per cent). It had noted that child workers aged 6-9 years work five hours a day and children aged 10-14 years work around six hours a day. The Committee notes the Government’s information that, in the field of child labour inspection, a survey was carried out on children working in the worst conditions. As a result of the inspections, 101 children benefited from a reduction in their working hours; 545 children were transferred to light work; 341 children were returned to school and 16 transferred to vocational training. It notes the Government’s information that inspections were also conducted in the agricultural sector. In particular, 671 girls/boys and their families were visited. Guidance and advice were provided on the harmful effects of employing children in pesticide spraying; 133 children benefited from medical examinations; 52 children benefited from receiving medical treatment after their transfer to health centres. The Committee strongly encourages the Government to continue its efforts to bring its practice in line with the new legislation and the Convention. It requests the Government to continue supplying information on the manner in which the Convention is applied, including statistical data by age bracket on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes 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:

Article 1 of the Convention. The Committee noted the Government’s statement 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 noted that the Government 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 observed that the House of Representatives 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 again 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 noted 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 again 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 noted 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 again 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 noted 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 noted 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 again 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 noted 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 observed that, according to article 53 of the Constitution, basic education is compulsory. It also noted 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 noted 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 noted 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 observed that significant progress had 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 observed 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 again 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 observed 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 observed 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 noted 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 noted 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 again 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 noted the Government’s statement that 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 noted 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 again 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 noted 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 observed 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 again 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 apprenticeship. The Committee noted the Government’s statement that it will send at a later date the conditions regulating work performed by young persons as part of vocational training. The Committee observed 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 observed that a child under 15 years of age may undertake an apprenticeship. 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 again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking and to provide information on the conditions prescribed by the competent authority regarding the employment of young persons for such purposes.

Article 7. Light work. The Committee observed 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 considered 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 observed 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. Penalties. The Committee noted 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 noted 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 noted 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 again 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 penalties in practice.

Article 9, paragraph 3. Registers of employment. The Committee observed 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 observed 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. Practical application of the Convention. The Committee noted 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 noted 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 step up 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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.