Individual Case (CAS) - Discussion: 2019, Publication: 108th ILC session (2019)



Discussion by the Committee

Government representative – We would like to emphasize that the Government of Yemen has provided information about the efforts it is undertaking to address the issue of child labour. We have done a number of things in recent years.

Firstly, we have implemented an action plan to put an end to child labour. This has involved cooperation with the ILO and with employers’ and workers’ organizations. We have implemented a number of programmes intended to withdraw children from the labour market. We have done that by seeking to encourage schools, to have children attend schools rather than work, and we have also trained inspectors to ensure that they are aware of our policies and that they too are seeking to put an end to child labour.

Then we have the 2002 Act No. 45 on child labour and we also have a Ministerial Decree that prohibits the employment of children under the age of 18. Information is provided to inspectors, to civil servants and to imams in mosques to ensure that this information reaches as many people as possible. In addition to that, we have organized workshops, a kind of children’s parliament, and we have got local authorities fully on board with this policy.

Another thing that we have done is to implement a programme for street children, to get them into schools, and we are analysing the data and the information that we have about street children. We recognize this as something that has worsened in recent years because the economic situation in our country has become more difficult and there is more poverty.

We have also conducted a number of studies and surveys to get information about human trafficking and to address that issue. Furthermore, we have done more to train inspectors so that they are more aware of all of the issues in this area and so that society as a whole becomes more conscious of the dangers of child labour, and we are trying to mobilize people to combat it in all parts of the country. In addition to that, the Ministry of Labour and Social Affairs is taking measures to mainstream this issue in most of the policies promulgated.

However, we are still facing a number of challenges. One of the challenges is that we see a lot of children being abandoned. There is also an increase in begging, in children using narcotics and we observe that civil society is weaker and weaker in our country. For that reason, we have adopted an Action Plan for 2019–26 which aims to bring an end to child labour, especially focusing on the worst forms of child labour, by 2026, the purpose being to protect children and their families. We have set ourselves eight goals: (1) to prevent child labour and to protect children; (2) to ensure social protection for children who end up in the labour market; (3) to ensure that our monitoring bodies are better able to intervene in cases of child labour; (4) to take further measures to put an end to the recruitment of children into the armed forces; (5) to increase vocational training; (6) to provide information about child labour; (7) to undertake a number of studies on the phenomenon in our country so that we have accurate information; and (8) to adopt a national policy programme to combat this scourge. A copy of this programme was sent to the ILO yesterday, and let me emphasize that we really look forward to the ILO helping us in implementing this Plan so that we can achieve all of the goals previously enumerated.

Worker members – Our Committee already assessed the Yemeni case in 2014 with regard to its compliance with the Convention. The discussions that we held that year showed how serious the situation was for children on the ground. Five years later, we return before our Committee to address the situation in Yemen, a situation which has far from improved.

How can we not compare the Yemeni case with the case addressed yesterday? Indeed, both face similar problems. We see, and this is a constant, that children are extremely vulnerable victims in times of war. Implementing measures that aim to meet the obligations contained in the Convention could significantly improve the fate of children in conflict. We understand the difficult circumstances that Yemen is currently going through. Nevertheless, the Yemeni Government cannot renounce the obligations set forth in the Convention.

The Committee of Experts has highlighted three problems in its report:

(1) compulsory recruitment of children with a view to using them in armed conflict;

(2) lack of access to free basic education; and

(3) rehabilitation and social integration for child soldiers and children working under hazardous conditions.

I will begin with compulsory recruitment in armed conflicts. As laid down in Article 3(a) of the Convention, this is one of the worst forms of child labour. A 2017 UNICEF report shows that more than 1,500 children were enlisted for conflict. The report also identified that more than 1,500 children were killed and more than 2,400 were injured. Other reports demonstrate a substantial increase in these numbers as the conflict has persisted and intensified. We are talking about a tenfold increase in the number of children enlisted for the conflict, which takes the number up to more than 15,000. This increase can be attributed to the Houthi militias.

Although these militias are not government militias, their failure to respect the Convention should be considered by our Committee so as to evaluate the extent to which the situation in Yemen conforms with the Convention. It is worrying to see these children become actively involved in conflict. They are trained in the use of heavy weapons and in the laying of landmines and explosives. It is also deeply shocking to see these children serve as cannon fodder as they are sent to the front line and used as human shields. To do so, these children are often forced to take drugs, which we worry may have serious long-term effects.

During the 2014 session of our Committee, the Government said that it was developing an action plan in collaboration with the Special Representative of the United Nations Secretary-General for Children and Armed Conflict. This action plan aimed to end child recruitment in the armed forces. Today, it seems from the report of the Committee of Experts that implementation of this plan was delayed after the conflict intensified in 2015. This is unfortunate. The plan contained a number of concrete measures to combat the worst forms of child labour. We will incidentally come back to these measures in our recommendations to the Government which we will make in our concluding remarks. The report states that a presidential decree was adopted in 2012 banning child recruitment in armed conflicts. It must be noted that this decree has in no way been applied in practice. In fact, the use of children in armed conflicts in Yemen persists and is particularly alarming.

Similarly to the Committee of Experts, we regret the serious violations of Article 3(a) of the Convention. As stipulated in Article 1 of the Convention, Yemen should take immediate and effective measures to ensure that the worst forms of child labour are banned and eliminated, and it must do so urgently. It is essential that those who have enlisted children under 18 years of age for armed conflict do not go unpunished. The Government cannot let those responsible for these acts think that they have free rein. The Government must send them a very clear message. In line with Article 7 of the Convention, the Government must take all the necessary measures to ensure effective implementation and respect for the provisions of the Convention, including by establishing and applying sanctions, whether criminal or not.

The second problem highlighted by the Committee of Experts is that of access to free basic education. We have already heard one important point many times during our discussions of other cases: access to education is without doubt the most effective method of protecting children from the worst forms of labour. It is for that reason that Article 7, paragraph 2(c), of the Convention obliges member States to ensure access to free basic education, among other things.

The report shows that, according to UNESCO statistics for 2011, the net primary school enrolment rate was 76 per cent while the net secondary school enrolment rate was 40 per cent. It is vital to improve these school enrolment rates. They show that 24 per cent of children, close to one in five, who are old enough to go to primary school, do not have access to education. This percentage goes up to 60 per cent for secondary school. Three out of five children do not attend secondary school. Many of them will probably not be old enough to go to work. In addition to increasing the primary school enrolment rate, it is essential to increase the secondary school enrolment rate.

It appears that the school enrolment rate for girls is much lower than that for boys: while 82 per cent of boys are enrolled in primary school, the figure is only 69 per cent for girls. At secondary level, the school enrolment rate is 48 per cent for boys and 31 per cent for girls. UNICEF statistics for 2013 for one Yemeni governorate show that school dropouts predominantly affect girls who make up 78 per cent of all school dropouts.

It is clear that the gap in school enrolments between boys and girls is enormous. This gap can be explained by the common beliefs engrained in the population, particularly in rural areas, according to which girls should not be educated. It is fundamental for the Government to put in place a policy to ensure that girls have equal access to education. Girls cannot be deprived of the basic human right that is the right to education.

The third problem highlighted in the report of the Committee of Experts is that of rehabilitation and social integration of child soldiers and children working under hazardous conditions.

The report outlines positive initiatives that the Government has taken in that regard. These initiatives consist of workshops and campaigns aimed at rehabilitating child soldiers in civil society. Rehabilitation centres have also been opened for children who have come from armed conflict. Medical assistance has been provided to hundreds of child soldiers released from militias.

The Government of Yemen has taken care of 89 children who have participated in armed conflict, 39 of whom underwent rehabilitation and then returned to their families. These initiatives are very positive. However, statistics show that many children enlisted for armed conflict have, unfortunately, been unable to access such initiatives. The Government’s written statement containing more detailed statistics could further enlighten our Committee. If the statistics that appear in the report are accurate, it shows that a great deal remains to be done on the ground. Too many children are not able to access the rehabilitation services that they so urgently need.

I said at the beginning of my intervention that we already addressed the Yemeni case in 2014. Five years have passed since then. Five years in a child’s life is a third of their childhood. It is highly likely that children who were enlisted for conflict in 2014 have still not come out of it. The international community cannot be powerless in the face of this shocking situation. Already in 2014, our Committee called on the international community to come to Yemen’s aid. While examining the Yemeni case before our Committee will enable us to give recommendations to the Government of Yemen, we must not lose sight of the fact that improving the tragic fate of children in Yemen will also depend to a large extent on the attitudes of all the States involved, near and far, in the conflict in Yemen.

Employer members – We would like to thank the representatives of the Yemeni Government for their presence and for their representations. As you are aware, this case relates to Convention No. 182, which is a fundamental Convention intended to protect children from the worst forms of labour. Yemen ratified this Convention in 2000 and is bound by its provisions. This case was first discussed before this Committee in 2014 and further observations were made by the Committee of Experts in 2018. The main issues are related to Yemen’s failure to observe and implement its obligations under the Convention. In their previous observations, the Committee of Experts had raised the following issues in respect of the matter set out below: failure to prevent compulsory recruitment of children for armed conflict, as set out in Article 3(a); failure to implement time-bound measures to provide access to free basic education, Article 7(2)(c); failure to prevent engagement of children from the worst forms of child labour, as well as removing them from such work and ensuring their rehabilitation and social integration, in terms of Article 7(2)(a) and (b).

As for children involved in armed conflict in Yemen, in 2014 this Committee noted that by the admission of the Government’s representatives themselves, there was a serious situation for children in their country, due to the involvement and recruitment of children for armed conflict. In 2012, a Presidential Decree prohibiting the recruitment of children into armed conflict was adopted, but as to whether this has been actioned appropriately has not been reported. There is also no indication as to whether the social partners, the workers and employers, had been consulted as per Article 5 of this Convention. The Government stated at that time that it had signed an action plan in 2014 with the Special Representative of the United Nations Secretary-General for Children and Armed Conflict to end and prevent the recruitment of children by armed forces. Importantly, the plan had set out concrete steps to release all children associated with the government security forces, reintegrate them into communities and prevent further recruitment. As to whether this has been actioned has not been reported either.

The Committee had further noted in the Government’s report that the Chief of Staff of the armed forces and the Prime Minister themselves had made a commitment to implement measures agreed upon in this action plan to end the illegal recruitment of children by the armed forces. However, according to a report of the United Nations Secretary-General to the Security Council in May 2014, the UN documented the recruitment of 106 boys between the ages of 6 and 7 years of age, the killing of 36 children and the maiming of 154 children. The Committee had noted the Government’s statement that the action plan to put an end to the recruitment and use of children by armed forces was concluded in 2014. However, there was also no indication as to whether that action plan had been formulated in consultation with the stakeholders – that is the employers and the workers. What is known is that there has been a worsening of the armed conflict since 2015.

The UNICEF report titled: Falling through the cracks – The children of Yemen, published in March 2015, reported that at least 1,572 boys were recruited and used in the conflict, 1,546 children had been killed and 2,458 children had been maimed. These are staggering numbers. A report attributed to the Ministry of Human Rights in 2018 specified the increasing number of conscripted children by Houthi militia and their methods of mobilizing those children to fight in the frontlines. According to the report, the percentage of children recruited by the militia had increased tenfold since 2016. The number of child soldiers among this group had reached more than 15,000, which is alarming to say the least. The report further indicates that children recruited by this group were forced to use, as my colleague from the Workers also mentioned earlier, psychotropic substances and drugs and had been used to penetrate the Saudi borders. They had also been used as human shields and trained to lay mines and explosives.

The Committee on the Rights of the Child (CRC), in its concluding observations on the report submitted by the Government of Yemen under the Optional Protocol to the Convention of the Rights of the Child on the involvement of children in armed conflict in 2014, expressed serious concern about the presence of children within the armed forces and about the recruitment of children, including girls, by the pro-Government tribal militias and the continuous recruitment and use of children in hostilities by the non-state armed groups.

A lack of more recent information means that it is hard to evaluate as to whether any progress has been made since 2015. The Employers’ group urges the Government to take urgent and transparent steps to expedite the implementation of its obligations under the Convention. While we do acknowledge the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, nonetheless we echo the call of this Committee and strongly urge the Government to take measures using all available means to ensure the full and immediate demobilization of all children and to put a stop in practice to forced or voluntary recruitment of children under the age of 18 into armed groups and using them in conflict.

We also echo the call of this Committee to urge the Government to take immediate and effective measures to ensure that a thorough investigation and prosecution of all persons who forcibly recruit children under the age of 18 for use in armed conflict are carried out, and sufficiently effective and dissuasive penalties are imposed in practice as a prohibitive measure. Similarly, we echo the call of this Committee to call on the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons.

In respect of education-related issues, the issues relating to education are also a matter of serious concern. Widespread conflict and the risk of attacks on schools, as well as the recruitment or abduction of children for combat purposes all play a significant part in separating children from their right to a basic education free from interference or harm. The Government’s Fourth Periodic report to the CRC in 2012 did provide information on some policies and implementation of actions to be taken to reduce the gender gap. However, according to a UNESCO Institute for Statistics report, the enrolment rates were low at 76 per cent in primary education and 40 per cent in secondary education, thus creating doubts as regards the effective implementation of this programme.

Considering that education is key in preventing children from being engaged in the worst forms of labour, the Employers’ group echoes the call of this Committee for the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, especially girls. This should be done by increasing the school enrolment rates at primary and secondary levels and by decreasing their drop-out rates.

The Employers’ group also echoes the call of the Committee of Experts and requests the Government to provide information on the measures that have been taken and results issued in terms of Articles 7(2), clause (a) and (b), in order to prevent the engagement of children in the worst forms of child labour by removing them from such work and ensuring their rehabilitation and social integration.

With regard to reintegration, the Committee of Experts had noted from the report of the Ministry of Human Rights in 2018 that workshops and civil society campaigns on the rehabilitation of child soldiers are being carried out and rehabilitation centres were open for children withdrawn from armed conflict. Hundreds of child soldiers recruited by the militia have been released and provided with medical care.

This report further indicates that the Government of Yemen, in cooperation with the Arab Coalition and the Internal Committee of the Red Cross and UNICEF, received 89 child soldiers who were recruited by the Houthis militia and deployed along the borders, out of which 39 children had been rehabilitated and returned to their families. The Employers’ group is of the view that this is a step in the right direction and must be encouraged.

Equally important would be to report on these developments to the Committee of Experts. However, the failure to report has been observed by the Committee of Experts again in 2018, and it noted the continuing lack of information from the Government on this matter. While empathizing with the Yemeni Government, considering the present situation of the country, the Employers’ group echoes the call of the Committee of Experts for action, and the requested measures should not be limited to those under 18 years of age, as sexual exploitation and abuse is not only in breach of the Convention, but also numerous other fundamental labour and human rights standards.

Therefore, once again the Employers’ group calls upon the Government to provide accurate information to the Committee of Experts for assessment.

Observer, Public Services International (PSI) – Yemen is not complying with the Convention. When we read the report, we see a list of violations of that Convention and we see that women and children in Yemen are victims of those violations. We also see that for the last five years the Workers’ delegation of Yemen has been absent from ILO activities. Indeed, that has been the case since the current Government took power.

We therefore would like to address the ILO and the UN here in Geneva and we would like to draw the attention to the need to deal with the issue of the crisis of wages in Yemen. In fact, there are people who have not been paid for more than three years. How can we talk about the right to collective bargaining at a time when we see that the offices of the workers’ organizations of Yemen have been occupied by the Houthi who are putting pressure on trade unionists and preventing them from enjoying freedom of association. We also see that women and children in Yemen are victims of similar oppression. We therefore appeal on behalf of the children of Yemen whose life is in danger and physical integrity is threatened. They are killed, they are humiliated, they are drawn into military conflict.

More than 5,000 children have been recruited into the armed forces. Girls are married off very young, and these are forced marriages in many cases. More than 1 million children in Yemen today are malnourished. One child dies every ten minutes and they die for reasons that could be prevented. We therefore believe that assistance programmes need to be intensified. More needs to be done and these programmes need to be spread out fairly throughout the country because, at present, only some regions are able to benefit from this and that is to the Houthi-controlled regions.

Worker member, Sweden – I am speaking on behalf of the Nordic unions from Sweden, Finland, Norway, Denmark and Iceland. Yemen is a country in which society is being torn apart by an armed conflict. The first casualty of any armed conflict is always the children and their right to a childhood. But even in times of war, the Convention must be applied. In Yemen this is not the case. Children on both sides of the conflict are being recruited as soldiers. The children are given military training and serve as soldiers. These are children who should be in school learning the alphabet, not firing a machine gun.

According to Article 7 of the Convention, the Yemeni Government must take measures to prevent children from being recruited as soldiers. The Yemeni Government has failed miserably to do so thus abandoning its most vulnerable citizens. A UNICEF report from 2017 says that at least 1,572 boys were recruited and used as soldiers. The Nordic unions call upon the Yemeni Government to make the abolishment of child soldiers one of its priorities and to prosecute any adults who recruit children as soldiers.

According to Article 7, the Yemeni Government must also remove the children already recruited as soldiers from military life and reintegrate them into society. A community-based approach to reintegration in cooperation with the family of the child ex-soldier can also prevent remobilization, as well as initial mobilization of other children. Another key role in the reintegration of former child soldiers is education. Article 7 also states that free basic education shall be provided for all. Yemen has low enrolment rates, especially for girls. Education in itself can prevent both initial mobilization and remobilization. The Nordic unions urge the Yemeni Government to improve its educational system and to facilitate access to education, especially for girls. I do not need to remind the Committee that education for girls also prevents child marriages and child pregnancies.

I would like to end by emphasizing that the Nordic unions do not take sides in the ongoing conflict in Yemen. We take the side of the Yemeni children who all deserve a childhood.

Government member, Switzerland – Switzerland regrets the fact that we must once again discuss compliance with this Convention, a fundamental Convention for Yemen. The involvement of children in armed conflicts is a very worrying phenomenon, and Switzerland is concerned to see that child recruitment persists in government armed forces as well as in armed groups. We regret the delay to the action plan that aims to end child recruitment in the armed forces, liberate all children linked to government armed forces, rehabilitate them and prevent new recruitment. While we recognize that the situation in the country is complex, very complex, Switzerland calls on the Government of Yemen to no longer delay the implementation of the measures outlined in the 2014 action plan so that these children are not deprived of a better future.

The measures should also include setting up a good education system and facilitating access to basic education for all children, including girls.

Lastly, effective and deterrent sanctions should be imposed in practice to punish those responsible for involving children in conflict. In that respect, while we recognize some positive developments, such as those mentioned in the 2018 report of the Ministry of Human Rights, Switzerland supports the conclusions and recommendations of the Committee of Experts.

Worker member, Morocco – I have asked for the floor, first and foremost, to express my solidarity with the people of Yemen, people who are living in tragic circumstances because of the conflict raging in that country.

In such circumstances, the first to fall victim to conflict are children. Today, as an international organization, as the ILO, we have to be very realistic in talking about the suffering of the children of Yemen. We have to condemn all of the inhuman exploitation that children are facing. We see violations of the Convention. These are repeated and flagrant violations.

The Government of Yemen has ratified that Convention but, despite that, these violations continue. This is something that we must condemn. We know about the political situation in Yemen but we condemn all parties to the conflict and all of their internal and external supporters. They must all shoulder their historic responsibility. It is high time to put an end to the crimes perpetrated against innocent children who are recruited for armed forces. The Government must shoulder its responsibility and so must the ILO. The situation is desperate, and we cannot ignore it.

Government representative – I wish to thank the distinguished speakers for their comments and we take due note of such comments. As you may be aware, a state of conflict since 2015 prevails in Yemen, along with a heart-breaking humanitarian situation which has its negative impact on every single aspect in the country, including children.

Since the first year of the conflict, the Government of Yemen called upon the international community along with the related UN agencies to put extra pressure on the militias to stop recruiting children in the current conflict. Such recruitment highly affected the children and placed those children in different kinds of dangers, along with different kind of abuses and human rights violations unfortunately.

To conclude, the current conflict has an impact on the capacities of the governmental institutions. Therefore, we do hope that the ILO, along with the related donor institutions could support the Yemeni Government in its efforts to protect children protection and also support the Yemeni Government to implement the 2019–26 Plan regarding child labour.

Employer members – The essence of this case is the procurement and the use of children in combat, which is one of the most dangerous situations a child can be in. Children are the future of any country and protecting them by using whatever resources and giving priority, should be the objective of all governments, including the Government of Yemen, and we urge the Government of Yemen to do so.

There is no doubt that this situation falls well within the ambit of the worst forms of labour as described in Article 3(a). In the circumstances, the Employers’ group urges the Government of Yemen to follow the course of action that we are about to recommend:

– Implement the plan of action that was adopted in 2014 which includes aligning domestic legislation with international norms and standards prohibiting the recruitment and use of children in armed conflict. This process should include all partners including employers and workers.

– Issuing and disseminating military orders prohibiting the recruitment irrespective of if it is voluntary or involuntary in relation to the use of children in armed conflict.

– Investigating all allegations of recruitment of children and the use of children below the age of 18 by the Yemeni government forces or their allies, irrespective of whether it is voluntary or involuntary, must be done immediately.

– Ensuring that those responsible are held accountable is also a matter of urgent requirement as far as the Employers and this Committee is concerned.

– Facilitating the United Nations to monitor progress and compliance with the action plan as well as organizations such as the ILO will also be considered as a priority.

– Ensuring that children unwillingly involved with the armed groups irrespective of affiliation are treated fairly and equitably and to implement a plan of action to ensure that they are reintegrated into society with adequate rehabilitation.

We also expect the Government of Yemen to collate and submit without further delay information and statistics related to the number of children engaged in armed conflict; the number of those liberated and sent for rehabilitation and reintegration. Similarly, information will also have to be provided with regard to investigations and prosecutions of those accountable for committing these grievous offences.

We also urge the Yemeni Government to develop policies and plans of action to ensure equal access to free basic education for all children of school-going age.

Similarly we invite the Government of Yemen to avail itself of technical assistance as a matter of urgency and to ensure compliance of law and practice aligned with the Convention. In this regard, we did hear from the Yemeni Government that they had implemented certain programmes or actions along with the ILO, and we would request the Office to provide to the Committee of Experts information on any such interventions so that we could assess what has been done. We also invite the Government of Yemen to report in full on the measures that have been taken to implement the above recommendations before the next meeting of the Committee of Experts in 2019.

Worker members – We thank the Government representative of Yemen for the information provided throughout this discussion. We also thank the speakers for their contributions. The fight against the economic exploitation of children is at the heart of the mandate of the ILO. The effective elimination of the worst forms of child labour is a requirement to which almost all ILO member States have subscribed by ratifying the Convention.

Only one more ratification is needed to reach universal ratification. This is a strong signal from the international community, and a testament to the wide consensus that exists on the need to eliminate the worst forms of child labour.

Unfortunately, we must be aware that, in practice, many children are still involved in the worst forms of child labour. And this is particularly true in Yemen.

As we already said in our introductory remarks, we are convinced that improving the tragic fate of children in Yemen depends on all nations involved, near and far, in the armed conflict. We therefore urge them to honour the existing international consensus on the need to abolish the worst forms of child labour by working towards the peaceful resolution of the conflict in Yemen.

A certain number of recommendations can be made to the Government with a view to improving the fate of children in Yemen and increasing compliance with the Convention. The Government should take the necessary measures to ensure the full and immediate demobilization of children who are currently enlisted as well as to end the forced recruitment of children under 18 years of age to the armed forces and to non-governmental armed groups.

The representative of the Government referred to an Action Plan for 2019–26. It would have been useful to have this information prior to the examination of the case. This would have enabled us to take it into consideration throughout the discussions. We hope that it is not just an announcement and that the plan will be implemented effectively. Therefore, we ask the Government to pass this information onto the Committee of Experts and to implement the measures contained in the plan effectively.

In addition to this new plan, the Government should, at the same time, urgently implement the measures outlined in the plan finalized in 2014 with the Special Representative of the United Nations Secretary-General for Children and Armed Conflict, namely:

(1) aligning national legislation with international standards and rules which prohibit the recruitment and use of children in armed conflict;

(2) promoting and disseminating military orders that prohibit the recruitment and use of children under 18 years of age;

(3) conducting investigations on the recruitment and use of children by the Yemeni armed forces and making sure that those responsible are held accountable.

We call on the Government to report on the progress made towards implementing the plan.

The Government should also take immediate and effective measures to conduct thorough investigations, to prosecute those responsible for recruiting children under 18 years of age for armed conflict and to impose sanctions that are sufficiently effective and deterrent in practice.

In this way, the Government should strengthen its inspection service capacities.

Education is essential to protect children from the worst forms of child labour. We join the Committee of Experts in asking the Government to intensify efforts to improve the country’s education system.

The Government should facilitate access to free basic education for all children, especially for girls. It should focus on improving the primary- and secondary school enrolment rates while simultaneously reducing the school dropout rate.

The Government should convey all useful information on the measures taken in that regard and the results obtained.

We have seen that initiatives have been taken to rehabilitate children enlisted for armed conflict as well as children working under hazardous conditions. The Government must continue taking time-bound measures to demobilize children enlisted to the armed forces and to non-governmental forces, as well as to stop children from working in hazardous conditions.

The Government must ensure that children receive adequate assistance for their rehabilitation and social integration.

The Government should report on the measures taken in that regard and the results obtained.

In order to implement all these recommendations, we ask the Government of Yemen to request technical assistance from the ILO.

Conclusions of the Committee

The Committee took note of information provided by the Government representative and the discussion that followed.

The Committee urges the Government to:

- implement the Plan of Action that was adopted in 2014;

- ensure that Government involved with arms groups, irrespective of affiliation, are treated fairly and implement measures to ensure that these children are reintegrated into society with adequate rehabilitation;

- prepare a report including information and statistics relating to the number of children engaged in armed conflict, the number of those liberated and sent for rehabilitation and reintegration, as well as the investigation and prosecution of those accountable for recruiting children into armed conflict; and

- take all necessary measures to ensure equal access to free basic education for all children of school age.

The Committee encourages the Government to avail itself of ILO technical assistance to ensure full compliance of law and practice aligned with Convention No. 182. The Committee requests that the Government report regarding the measures taken to implement the above recommendations before the next meeting of the Committee of Experts in 2019.

Government representative – We wish to thank the distinguished Committee. Meanwhile we take note of the conclusions. We wish to reiterate that Yemen lives in devastating conflict since 2015 which has its impact on every single aspect, including the capacities of the government institutions. Therefore, we wish the distinguished Committee would take into consideration this aspect in its future report. Meanwhile, we do hope that the ILO, together with the related donor institutions, could support the Yemeni Government in its efforts to protect children and implement its 2019–26 Plan.

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



A Government representative said that the Committee was right in indicating that the situation of children was serious in his country, as they were harmed due to their involvement in armed conflict and in prohibited tasks which jeopardized their health and safety and were contrary to Convention No. 182. He indicated that economic problems were the reason behind parents pushing their children onto the labour market, whether inside or outside the country, in order to meet the household’s basic needs for food and housing. He highlighted the Government’s political will to eliminate child labour, including children being recruited by armed groups or sent abroad for employment, as the Government considered this to be one type of human trafficking. This political will was reflected in article 54 of the Constitution, which specified that basic education was compulsory until the age of 15 and that children who were not 15 years of age were not authorized to work. There were also national laws which penalized recruitment by armed groups, child smuggling outside Yemen and their entry into the labour market. In this connection, Ministerial Order No. 11 of 2013 specified the tasks in which the employment of children over 15 and under 18 years of age was prohibited and the tasks which were authorized. He added that, in view of the events of the Arab spring and the youth revolution which had occurred on 11 February 2011, Yemen had encountered many difficulties which had led to the cessation of the activities of a few companies and therefore to diminishing employment due to internal conflicts and the lack of security and stability. This in turn had caused families to push their children into unofficial recruitment by armed groups and types of work which were prohibited for children.

It should be noted that Yemenis had reached consensus on a new Yemen through the comprehensive National Dialogue Conference, and on a new Constitution. Consequently, laws and regulations would be formulated by the constitutional committee in order to safeguard the right of children to education and to ensure their withdrawal from any indecent work, such as enlistment by armed groups. In this connection, he referred to a recent action plan signed on 14 May 2014 between the Government of Yemen and the United Nations (UN), to end and prevent the recruitment of children by the Yemeni armed forces. He stressed the need of his country for material and moral assistance through launching economic projects and providing jobs for the unemployed, as well as supporting poor families to encourage them to ensure the return of their children to school. He concluded by requesting ILO technical assistance with a view to re-establishing teams of qualified staff to combat child labour.

The Worker members said that the case of Yemen concerned two of the worst forms of child labour, namely their forced recruitment by armed groups and hazardous work. The political events of 2011 had exacerbated the country’s economic and social problems, poverty, unemployment, especially youth unemployment, and the increased number of child soldiers and children at work. With regard to the forced recruitment of children, they recalled the figures contained in reports by the Secretary-General to the UN Security Council (2012) and by UNICEF (2010) concerning the number of children killed and injured, the cases of recruitment and use of children conscripted by government forces, as well as the recruitment of children forcefully enrolled in armed groups. Furthermore, the legislation of 1990 established the minimum age for military service at 18 years of age and required the Government of Yemen to ensure that no young person under 18 years of age was conscripted. In addition, the Ministry of the Interior had ordered the full implementation of Police Act No. 15 of 2000, which established 18 years as the minimum age of recruitment and the release of any children in government security forces. They added that, in its report to the Committee on the Rights of the Child, the Government had admitted that the current legislation did not specifically provide for clear penalties for the involvement of children in armed conflicts, for the enrolment of children under the age of 18 or for inciting children to bear arms. A draft amendment to the Penal Code established penalties for the trafficking and sale of children, and penalties had been established for the use of children in drug trafficking, but no provision seemed to have been adopted specifically penalizing the forced recruitment of children. With regard to children involved in hazardous work, the National Child Labour Survey carried out in 2010 in collaboration with ILO–IPEC indicated that there were 1.3 million children working in Yemen, which accounted for the low school attendance rate, especially among young girls, and for high drop-out rates. One in two child workers were involved in hazardous work, especially in agriculture, where they were exposed to pesticides in the production of khat, for example, as well as in fishing, where they were exposed to extreme conditions and dangerous equipment. The Worker members indicated that the Labour Code allowed children aged between 14 and 18 years to be involved in light work, provided that it did not interfere with their schooling. They pointed out the contradiction between the new Ministerial Ordinance which prohibited children under 18 years of age from being involved in hazardous work in industry and fishing, and section 49(4) of the Labour Code, which banned dangerous work for children under 15 years of age. In accordance with Article 3(d) of Convention No. 182, no child under 18 years of age was to be involved in hazardous work. The Worker members recalled the lack of information provided on the measures taken by the labour inspection services, and emphasized the lack of budgetary means for the transport of inspectors. They concluded that the Committee of Experts had been justified in considering this case as a double-footnoted case.

The Employer members agreed with the Worker members on the issues they had raised. They reiterated that the issues affecting Yemen were not only of significant interest to the members of the Committee, but also to the general public. They revised the question of whether the issue of children being recruited by the military might better be dealt with by other UN agencies. Upon reflection, however, the Employer members concluded that, as it concerned work which was forced and involved children, it indeed fell within the scope of the Committee’s work. They were pleased that the social partners could agree on the matter and wanted to see the situation change in Yemen. Some of the problems were outside the scope of the Government’s control, such as the fact that militias were recruiting children. However, children were also recruited by Government forces, a matter that clearly fell within the Government’s control. The UN had verified reports that children as young as 13 were recruited by the Government. A report issued by the Government of the United States showed that children as young as 11 were being recruited. Such information and the issues raised by the Worker members were a serious concern and a concerted effort was needed to change the situation.

A representative of the European Union (EU), speaking on behalf of the EU, as well as Turkey, the former Yugoslav Republic of Macedonia, Montenegro, Iceland, Serbia, Albania, Norway, Ukraine, the Republic of Moldova, Armenia and Georgia, said that the European Union fully supported the implementation of the eight fundamental ILO Conventions in Yemen. The recommendations set out in the conclusions of the National Dialogue Conference, in particular those regarding the right to education and the prohibition of child labour and recruitment of child soldiers, were to be welcomed. The Yemeni authorities had made efforts to implement the recommendations through an action plan to bring an end to the recruitment of children by Government forces, and through their work aimed at amending legislation on the rights of the child. He urged the Government to adopt the Child Rights Bill laying down the minimum age for marriage at 18. Effective time-bound measures needed to be taken to ensure that children were removed from armed groups and forces, families received support and children were reintegrated into society, including into the school system or vocational training. The EU would continue to support the authorities and relevant partners in Yemen to ensure the effective implementation of the measures, notably through its Juvenile Justice Programme, developed jointly with UNICEF. The Government was encouraged to make use of technical cooperation activities and to comply with its reporting obligations.

The Worker member of Japan emphasized that the use of children under the age of 18 in armed conflict in Yemen was a serious violation of the Convention. Moreover, he expressed concern about the fulfilment of some of the Government’s obligations. Areas of concern included the recruitment of children in state armed forces and allied armed groups and their participation in armed conflict; the recruitment of children in armed opposition groups and their use in armed conflict; and the lack of penalties and accountability for the recruitment and use of children in armed conflict. There had been numerous internal armed conflicts in Yemen and multiple reports of the Yemeni army recruiting children. There had also been reports of children being used as scouts, spies and human shields. Reports by the Office of the United Nations High Commissioner for Human Rights (OHCHR) also stated that children wearing military uniform had been directly involved in the violence. He noted that the Ministry of the Interior had sent a letter to the heads of all security forces instructing them to adhere to the minimum age of recruitment of 18 and releasing any underage members. He urged the Government to ensure that the minimum age for recruits was strictly enforced and that military units were regularly monitored in order to detect and prevent underage recruitment. Child soldiers should be released as soon as possible and receive appropriate assistance for their rehabilitation and social integration.

The Government member of Switzerland welcomed the political progress made in Yemen and especially the successful conclusion of the National Dialogue Conference. He supported the statement by the EU, to which he wished to add a few points. Child labour, particularly the use of children in armed conflicts, was a matter of the gravest concern, and Switzerland was dismayed by the persistent practice of recruiting children into the armed forces. His country supported the Committee of Experts’ conclusions and recommendations. Recruiting children in armed conflicts was a violation not only of Convention No. 182, but also of Articles 32 and 38 of the UN Convention on the Rights of the Child, which Yemen had ratified. He added that adequate sanctions must be applied by the Government to punish the involvement of children in armed conflict. Switzerland was prepared to stand by Yemen to help it deal with its migration issues, including the protection of migrants and the provision of basic services for vulnerable groups, especially refugees and other people displaced and affected by the war.

The Worker member of Norway, speaking on behalf of the trade unions of the Nordic countries, said that children in Yemen continued to be victims of serious violations of children’s rights, which had been confirmed by the Committee of Experts and other UN bodies. Children in Yemen were vulnerable to recruitment and involvement in the ongoing civil conflict. They had been observed in the ranks of the Central Security Forces, the Republican Guard and the First Armoured Division. Many had been enlisted by military officers, family members or sheiks. Rebel groups were also using children in armed conflict. About 1.3 million children in Yemen were engaged in the worst forms of child labour, such as in the fishing industry, agriculture, quarries and mines, as well as in armed conflict. Yemen was a transit and destination country for children subject to forced labour and trafficking. Some children travelled to Saudi Arabia, where they were forced into domestic service or prostitution. Some children were forced to smuggle drugs across the border to Saudi Arabia and some children, whose families supported ethnic Houthi rebels, were forced to serve in Houthi militias. With regard to girls, many were subjected to sex trafficking in Yemen or Saudi Arabia. She expressed deep concern at the violations of children’s rights. She urged the Government to take immediate and effective measures to put an end to the forced and compulsory recruitment of children in armed conflict. It should strengthen labour inspection to prevent children from undertaking hazardous work and from being trafficked. Penalties for such offences should be introduced and anyone forcibly recruiting children should be prosecuted and punished. She appealed to the Government to take its membership of the ILO seriously and to comply with Convention No. 182.

The Worker member of Italy expressed her deep concern regarding the continued violations of Convention No. 182 in Yemen. The Government had submitted a report on the Convention, claiming it was applied through constitutional rules, laws and regulations. However, major gaps remained in those texts and legislation on the minimum age for work was contradictory. In addition, existing norms were not translated into practice. Children were often subjected to exploitation, extreme poverty, hunger, illness, trafficking and sexual exploitation. Many of them were involved in armed conflicts or performed very dangerous work. Many girls worked in domestic service, often as slaves, unable to leave their employers’ homes and were exposed to physical, psychological and sexual abuse. While there were estimations of the number of children affected, the real extent was unknown. There was no information on the number of arrests, investigations and prosecutions for offences related to the worst forms of child labour. Access to education represented a very serious cause for concern. Yemen had one of the lowest enrolment rates in primary and secondary education in the world. Child labour was not happening in isolation; Yemen was one of the poorest countries in the Arab region and the world, progress regarding the Millennium Development Goals was slow and unemployment was rising. It had one of the highest birth rates and the second highest malnutrition rate. However, poverty could not be used as an excuse to keep child labour as it, in fact, perpetuated poverty cycles and kept children out of education and development opportunities. She urged the Government to move quickly to address these serious concerns of the Worker members and the international community. Immediate specific measures should be taken to prevent severe and systematic child rights violations which were an obstacle to social justice, fair development and future opportunities.

The Worker member of Yemen indicated that the Government was not interested in implementing Convention No. 182, despite its ratification. He added that the justifications used by the Government before the Conference Committee were not at all convincing because the Government had not even formulated a draft law. He therefore urged the Government to take its responsibility and ensure collaboration between the relevant bodies in order to implement the Convention in view of the rising numbers of working children. The situation required all concerned to make efforts to combat the phenomenon. He added that children continued to work and were subjected to exploitation in dangerous work. Serious action was therefore required by the Government, the ILO and workers in order to implement the Convention. To this end, he called upon all political forces in Yemen to sign a code of honour which would end the recruitment of children by armed groups. He also called upon the international community to help his country overcome this difficult situation. He concluded that there was an urgent need for the ILO to play a more important role to follow the situation closely. He therefore called upon the ILO to send a high-level mission as soon as possible to follow up on the issue, and to make recommendations that could be implemented.

The Government member of Egypt invited ILO member States to consider Yemen’s political, economic and social situation carefully and recalled the ongoing fighting which made it difficult for it to implement Convention No. 182. The Government of Yemen had acknowledged its responsibilities and hoped to remedy the situation. Meanwhile, the Government of Egypt invited the ILO to provide Yemen with assistance to prevent the situation from deteriorating and to help the country eradicate child labour completely. He supported those member States that had called for the elimination of child labour. In conclusion, he stated that the situation in Yemen was exceptional and called for extensive assistance.

The Government representative indicated that over the previous three years the country had witnessed child recruitment in armed conflict by armed groups, such as the Houthi and Al Qaeda, but not by the Government. The country’s economic and general climate accounted for this situation. In 2011, the country had undertaken to implement all possible programmes to eradicate child labour. Up to 2010, the number of child workers had been around 600,000, but that number currently stood at 1.5 million. The Yemeni Government was in a difficult situation due to the economic climate, armed conflict which affected even the capital, and the situation of violence. That had resulted in the destabilization of the country, which led people to resort to the recruitment and exploitation of child workers. The Government had adopted a decree in 2012 which prohibited the recruitment of children in the army and security forces and he emphasized the importance of taking into account the causes of child labour resulting from the violence and insecurity in Yemen. He concluded that the country was firmly committed to implementing the core ILO Conventions and the Conventions concerning the rights of the child. He recalled, in that respect, that the country recognized the problem of the minimum age of marriage, but the question of the minimum age of admission to employment had been regulated.

The Worker members welcomed the request for technical assistance made by the Government. With a view to starting to eliminate two of the worst forms of child labour discussed by the Committee, they believed that the Government should launch a series of actions and programmes at the legislative level, in particular amending the Labour Code, the law concerning the rights of children and the ministerial ordinances in order to ensure legislative coherence and conformity with Convention No. 182, and the adoption of criminal penalties for violations of the legislation. At the political level, it was necessary to formulate and implement a national plan of action against the forced recruitment of children; establish a system of inspection in rural areas and in sectors where the worst forms of child labour occurred; and develop a database in this sphere, particularly with regard to the trafficking of children. In social terms, they added that the Government should draw up a programme for the disarmament, demobilization and reintegration of children recruited by armed forces or armed groups and should reduce child labour, particularly in agriculture and fisheries. While still bearing in mind the difficult situation in the country, the Worker members called on the Government to draw up a plan of action specifying the measures, phases and timeframes established in it with ILO assistance, which had already been requested by the Government. The plan should focus on child protection in order to prevent the recruitment of new child soldiers and provide for their return to normal life. In the meantime, they urged the Government to modify the national legislation and inform the Committee of Experts at its November 2014 session of the progress made, in particular regarding implementation of the plan of action. They also called on the Government to accept an ILO assistance mission.

The Employer members acknowledged the difficulties faced by the Government of Yemen. Some of the issues discussed were not within the Government’s control, although many were. The Government could, for example, control child recruitment in the armed forces. Moreover, the Government had not denied that child recruitment in the armed forces was happening. Workers and employers were in agreement about the seriousness of the matter, which was ripe for ILO supervision. Agreement on how to deal with the issue should not prove problematic. The Employer members welcomed the fact that the Government was requesting ILO technical assistance to address the difficulties that had been discussed.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed concerning the compulsory recruitment of children for use in armed conflict in the country as well as the engagement of children in hazardous work.

The Committee noted the Government’s statement that an action plan to end the recruitment and use of children for armed conflict was signed on 14 May 2014 between the Government and the UN. This action plan represented a commitment to ensuring that children were no longer involved in armed conflict and to prevent further recruitment. It included measures to: (i) align domestic legislation with international norms and standards prohibiting the recruitment and use of children in armed conflict; (ii) issue and disseminate military orders prohibiting the recruitment and use of children below the age of 18; (iii) investigate allegations of recruitment and use of children by the Yemeni government forces and ensure that responsible individuals were held accountable; and (iv) facilitate access to the UN to monitor progress and compliance with the action plan.

While noting the adoption of this action plan, the Committee shared the serious concern expressed by several speakers about the situation of children under 18 being recruited and forced to join armed groups or the government forces. The Committee deplored the persistence of this practice, especially since it led to other violations of the rights of children, in the form of abductions, murders and sexual violence. The Committee emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take immediate and effective measures, as a matter of urgency, to put a stop in practice to the forced recruitment of children under 18 years by the government forces and associated forces, in particular by ensuring the effective implementation of the newly adopted action plan. It also strongly urged the Government to take the necessary measures to establish sufficiently effective and dissuasive penalties for the offences related to the use of children in armed conflict and to ensure that the perpetrators of these egregious crimes are prosecuted. The Committee called on the Government to take effective and time-bound measures to ensure that children removed from armed groups and government forces received appropriate assistance for their rehabilitation and social integration, including reintegration into the school system or into vocational training.

With regard to the issue of children engaged in hazardous work, the Committee noted the Government’s indication that the country faced many difficulties because of the internal conflict that had been ongoing over the past three years. Many companies had left Yemen and this had resulted in unemployed adults pushing their children into the labour market. The Government acknowledged that the situation of child labour, including hazardous child labour was extremely serious in the country and had increased considerably over the past three years. In this regard, it wished to avail itself of assistance from member States and the ILO to help in better implementing the Convention.

While acknowledging the difficult situation prevailing in the country, the Committee noted with serious concern that approximately 1.5 million children were engaged in child labour in the country, the majority of whom were employed in hazardous occupations and economic activities, including agriculture, the fishing industry, mining and construction. In this regard, the Committee requested the Government to strengthen the capacity and expand the reach of the labour inspectorate in enforcing Ministerial Order No. 11 of 2013 on child labour and hazardous work, including in rural areas. It urged the Government to ensure that regular unannounced visits are carried out by labour inspectors so as to ensure that persons who infringe the Convention are prosecuted and that sufficiently effective and dissuasive sanctions are applied. It also requested the Government to take effective and time-bound measures to withdraw children under 18 from working in hazardous conditions and to provide for their rehabilitation and social integration.

Underlining that education contributed to combating the worst forms of child labour, the Committee strongly encouraged the Government to provide access to free and public basic education for all children, particularly children removed from armed conflict and children engaged in hazardous work, with special attention to the situation of girls. In this regard, the Committee called on ILO member States to provide assistance to the Government of Yemen in line with Article 8 of the Convention, with special priority on facilitating free and public basic education and vocational training for children removed from the worst forms of child labour. Noting the information highlighted by several speakers that the worst forms of child labour were the result of poverty and underdevelopment in Yemen, the Committee encouraged the Government to avail itself of ILO technical assistance in order to achieve tangible progress in the application of the Convention. It also requested the Office to undertake a technical assistance mission in this regard.

Finally, the Committee requested the Government to provide a detailed report to the Committee of Experts addressing all the issues raised by this Committee and the Committee of Experts for examination at its next meeting. The Committee expressed the firm hope that it would be able to note tangible progress in the application of the Convention in the very near future.

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 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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

Direct Request (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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that section 148(1) of the Code of Offences and Penalties, No. 12/1994, and section 164 of the Child Rights Act, No. 45/2002, both deal with the sale and trafficking of children, and requested the Government to supply a copy of both pieces of legislation. The Committee notes the Government’s statement that the Child Rights Act will be sent subsequently, and observes that the Code of Offences and Penalties is not attached.

The Committee 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 OP-SC), that draft amendments to the Code of Offences and Penalties were submitted concerning the sale of children, and that these draft laws were approved by the Cabinet and submitted to the House of Representatives for consideration and adoption. The Committee also notes that this draft law includes section 248 prohibiting the buying, selling or making a gift of a person, or bringing a person in or out of a country for those purposes. The Committee further notes that 248(b) of the proposed amendment provides for a harsher sentence when the victim is under 18 years of age. The Committee requests the Government to supply a copy of the Child Rights Act along with its next report. It also requests the Government to supply a copy of the draft amendments to the Code of Offences and Penalties, as soon as they are adopted by the House of Representatives.

2. Compulsory recruitment of children and forced or compulsory labour. In its previous comments, the Committee noted that section 2 of the Compulsory National Service (Defence) Act and section 4 of the General Reserve Act set the minimum age for military service at 18 years, and requested copies of these Acts. The Committee notes the Government’s statement that the Compulsory National Service (Defence) Act and the General Reserve Act have not been submitted, as the obligatory national defence service has been frozen since 2000, pursuant to the Decision promulgated by the High Council for National Defence. The Committee also notes that in the engagement of children in armed conflict is prohibited, pursuant to section 21 of the Ministerial Order No. 56 of 2004 (supplied with the Government’s report submitted under the Convention on the Minimum Age, 1973 (No. 138)) on the prohibited types of hazardous work for persons under 18. The Committee requests the Government to provide a copy of the Decision promulgated by the High Council for National Defence which freezes the obligatory National Defence Act.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted the Government’s information that section 279 of the Code of Offences and Penalties provides that whoever induces a person to become a prostitute or to commit an act of debauchery is guilty of an offence and that section 163 of the Child Rights Act prohibits any person from inciting a boy or a girl to practice debauchery or prostitution. The Committee again observed that the Yemeni legislation does not appear to prohibit the use of a child under 18 years of age as a prostitute. The Committee notes the Government’s statement that it “does not authorize pornographic work or prostitution for adults, let alone young persons, be they male or female”. The Committee also notes that section 8(a) of the Ministerial Order No. 56, prohibits the use, employment or exposing of a person under 18 for the purpose of prostitution and that section 28 of this Act provides for penalties, notwithstanding harsher penalties that exist in other legislation.

2. Pornography. In its previous comments, the Committee asked the Government to confirm that the use, procuring or offering of both girls and boys under 18 years for the production of pornography or for pornographic performances is prohibited under section 147 of the Child Rights Act, which provides that the State shall protect children against prostitution and immoral activities. The Committee notes the Government’s statement that it does not authorize pornographic work for young people, and that this is specified in both the Childs Rights Act as well as in the Code of Offences and Penalties.

The Committee notes the information in the Government’s written reply to the list of issues of the CRC, in connection with the consideration of its initial report under the CRC OP-SC, that included in the draft amendment to the Code of Offenses and Penalties is section 262(7) on child pornography. The Committee also notes that this draft amendment prohibits the reproduction of a photograph, drawing, or the name of a child under the age of 18 in any publication or information or advertising medium for the purpose of pandering to sexual desires or for the purpose of inviting, inciting or encouraging others to engage in immoral and indecent acts, with harsher penalties if the photograph or drawing shows the child’s genitalia (CRC/C/OPSC/YEM/Q/1/Add.1 page 11). The Committee further notes that section 8(a) the Ministerial Order No. 56 prohibits the use, employment or exposing of a person under 18 for the purposes of the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that section 2 of the Narcotics Act, No. 3/1993, prohibits the use of a person to produce, import, export, buy or sell illicit drugs, and requested a copy of this Act. The Committee notes that section 8(c) the Ministerial Order No. 56 prohibits the use or employment of a child to perform illegal activities, particularly the trafficking of drugs. The Committee again requests the Government to supply a copy of the Narcotics Act with its next report.

Clause (d). Hazardous work. The Committee had previously noted that sections 2 and 147 of the Child Rights Act provide that the State shall protect children under 18 years of age from economic exploitation. However, the Committee noted that while section 4 of 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, sections 2 and 49(4) of the Labour Code No. 5 of 1995 prohibit the employment of a young person under 15 years of age in arduous work, harmful industries or work that is socially damaging. Recalling that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety and morals of young persons, is considered to be one of the worst forms of child labour, and is consequently forbidden for children under 18 years of age, the Committee requested the Government to take the necessary measures to remedy this contradiction. The Committee notes the information in the Government’s report that the forthcoming amendments to the Labour Code take into account the Committee’s observation on this contradiction. The Committee trusts that these forthcoming amendments will prohibit the employment of children under 18 years in hazardous work and encourages the Government to take the necessary measures to ensure that these draft amendments to the Labour Code are adopted in the near future.

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

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. In its previous comments, the Committee asked the Government to provide a copy of the list of 57 types of hazardous work which are prohibited for children under 18 years. The Committee notes with interest that 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 contains a comprehensive list of 57 types of prohibited work.

Article 5. Monitoring mechanisms. The Committee refers to its observation made in 2008 under the Labour Inspection Convention, 1947 (No. 81), in which it noted the information that a Decent Work Country Programme was launched in August 2008, prioritizing the establishment of an efficient labour inspection system. This programme includes a focus on areas of labour inspection that target the worst forms of child labour.

The Committee notes the information in the ILO–IPEC Final Technical Progress Report (ILO–IPEC TPR) 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 Project to support the NPPF) released on 15 August 2008 according to which several initiatives focusing on capacity building of national institutions to implement policies and programmes to eliminate the WFCL and to enforce legislation have been undertaken. These include the provision of training on the Ministerial Order No. 56 to labour inspectors, NGOs, police officers, Imams in mosques, in addition to training for 100 teachers on the teachers’ guide to combat child labour. The Committee also notes the information in the ILO–IPEC TPR that the three child rehabilitation centres (in Sana’a, Aden and Seyoon) have developed their own monitoring systems focusing on working children in various sectors, with social workers meeting regularly with parents of working children, in addition to follow up meetings with schools and other measures to ensure that children are withdrawn from hazardous work.

Despite these measures, the Committee notes that, according to a 2007 report on findings on the worst forms of child labour in Yemen, available on the United Nations High Commissioner for Refugees’ web site (www.unhcr.org) while the Child Labour Unit of the Ministry of Labour and Social Affairs (MoSAL) has 20 child labour monitors throughout the country, these inspectors can no longer perform site visits because their travel budget has been eliminated. This information also indicates that the enforcement of the legislation concerning child labour is limited due to a lack of resources in both urban and rural areas, and that violations are rarely reported. The Committee urges the Government to take measures to ensure adequate monitoring of children engaged in hazardous work, including sufficient support for the Child Labour Unit. It also requests the Government to provide information on the impact of the ILO–IPEC programme “Supporting the national policy and programme framework for the elimination of the worst forms of child labour in Lebanon and Yemen” on the enforcement of legislation concerning child labour.

Article 6. National plan of action. 1. National action plan on trafficking. The Committee notes the Government’s indication in its report to the CRC on the CRC OP-SC of 19 February 2009 that a technical committee on child trafficking was established, with members representing various relevant governmental and non-governmental organizations. The Committee notes that this technical committee’s tasks include the adoption of a national action plan on child trafficking, which has been drafted and will be circulated among the relevant institutions for action (CRC/C/OPSC/YEM/1 paragraph 80). The Committee encourages the Government to adopt this national action plan when it is completed, and requests the Government to provide information on any developments in this regard.

2. National policy and programme framework for the elimination of the worst forms of child labour. The Committee previously noted ILO–IPEC Project to support the NPPF project. The Committee notes the information in the
ILO–IPEC TPR, that many action programmes have been undertaken under this project, including:

–           enhancing the capacity of the Child Labour Unit at the MoSAL to be able to support the implementation of the national policy and programme framework for the elimination of the worst forms of child labour;

–           enhancing the capacity of the Ministry of Education to increase the attendance, retention and performance rates of working children in the primary education system;

–           developing a sustainable media campaigns against worst form of child labour;

–           designing a vocational curriculum for the rehabilitation of working children;

–           enhancing the capacity of the child labour unit of the Federation of Chamber of Commerce and Industry with regard to children in the worst forms of child labour; and

–           enhancing the capacity of the General Federation of the Workers Trade Unions in combating the worst forms of child labour.

The Committee notes the indication in the ILO–IPEC TPR that the action programmes taken through this project have achieved the majority of their stated objectives. The Committee requests the Government to provide information on any new action programmes taken within the framework of the national policy and programme framework for the elimination of the worst forms of child labour, and the results obtained.

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

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 
1. Trafficking. The Committee notes the information in the Government’s report to the CRC on the OP-SC of 19 February 2009 that two reception centres have been established for children who have been smuggled out of the country and repatriated by neighbouring States, and that action has been taken to return such children to their families. The Committee notes that these reception centres received 386 repatriated children in 2005, 873 repatriated children in 2006 and 603 repatriated children in 2007 (CRC/C/OPS/YEM/1 paragraphs 76 and 137). The Committee notes the information in the Government’s written reply to the list of issues of the CRC, in connection with the consideration of its initial report under the CRC OP-SC, that at these centres, victims are provided with medical, psychological, legal and educational services, in addition to follow-up services to facilitate their reintegration with their families. The Committee notes that approximately 90 child victims of smuggling in three governorates – Hujjah, Hudaydah and Muhwayt – benefited from this follow-up care, with 15 children per month receiving such care from April to September 2009. The Committee requests the Government to continue to provide information on measures taken to remove and rehabilitate child victims of trafficking, as well as the number of children who benefitted from these services.

2. Hazardous work. Following its previous comments, the Committee notes the information in the ILO–IPEC TPR that the action programmes implemented under the umbrella of the ILO–IPEC Project in support of the NPPF included initiatives focusing on the removal of working street children (with rehabilitation and educational services) in Sana’a, the removal and rehabilitation of children working in the fisheries in Aden, and the withdrawal, rehabilitation and prevention of rural child labour in Hadhramout, Seyoon. The Committee notes that by May 2008, the Sana’a Rehabilitation Centre had withdrawn 1,077 street children, and prevented another 1,011 children from engaging in street work, the Aden Rehabilitation Centre had withdrawn 341 children working in the fisheries, and prevented another 120 children from engaging in fisheries, and the Seyoon Rehabilitation Centre had withdrawn 178 working children from rural child labour, and prevented another 549 children from engaging in this work. The Committee requests the Government to continue to provide information on these, and similar action programmes, on the prevention, removal and rehabilitation of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 
1. Commercial sexual exploitation of children. The Committee urged the Government to make the effort to undertake research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen, so as to have the necessary information to take effective and time-bound measures to identify and reach out to children at special risk, pursuant to Article 7(2)(d). The Committee notes the Government’s statement that this information will be available following its survey on child labour.

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

Clause (e). Special situation of girls. In its previous comments, the Committee noted the low rates of school enrolment of girls aged 6–15 years in education. It noted that the Basic Education Development Project, funded by the World Bank, aims to assist Yemen in expanding the provision of quality basic education to all (grades 1–9) with special attention on gender equity. The Committee requested the Government to provide information on its efforts to ensure that school-age girls attend and remain in school and on the results achieved.

The Committee notes the Government’s statement that the Government has prepared a national strategy on the education of girls. This strategy focuses on supporting and encouraging families to educate their female children, and on preventing girl children from dropping out of school. The Committee also notes the information in the ILO–IPEC TPR that a National Action plan for children aged 6–14 years (part of the Childhood and Youth Strategy that was prepared in February 2006) includes a focus on increasing qualified female teachers in rural areas and creating demand for girls’ education. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that girls attend and remain in school. The Committee also requests the Government to provide information on the impact of the national strategy on the education of girls on preventing the engagement of girls in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information on sexual offences involving minors in its written reply to the list of issues of the CRC, in connection with its report on the CRC OP-SC that ten persons were convicted of maintaining a bawdy house in 2007 (CRC/C/OPSC/YEM/Q/1/Add.1 page 10). The Committee also notes the indication in this report that, in 2006, 69 persons were caught in the act of child smuggling, and this figure rose to 445 persons in 2007 and 435 in 2008 (CRC/C/OPSC/YEM/Q/1/Add.1 page 4). However, the Committee notes the information in this report on the number of prosecutions of child smuggling appear to be much lower; this report indicates that the number of persons brought before the Office of the Public Prosecutors after being caught engaging in child smuggling was 31 persons in 2006 and 2007 and 17 persons in 2008. The Committee expresses its concern at the apparent weak enforcement of penalties with regard to child trafficking indicated by this disparity between the number of persons found to be engaging in child smuggling, and the number of persons brought before the Office of the Public Prosecutor on this charge. The Committee urges the Government to redouble its efforts to ensure the effective application in practice of the penalties concerning human trafficking. It requests the Government to provide information on measures taken in this regard.

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

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee had noted that section 148(1) of the Penal Code, No. 12/1994 and section 164 of the Child Rights Act, No. 45/2002 both deal with the sale and trafficking of children. The Committee observes that the three legal texts were not attached to the Government’s report. Consequently, it once again requests the Government to supply a copy of the Penal Code, No. 12/1994 and of the Child Rights Act, No. 45/2002 with its next report.

2. Compulsory recruitment of children and forced or compulsory labour. In its previous comments, the Committee had noted that sections 2 of the Compulsory National Service (Defence) Act and 4 of the General Reserve Act set the minimum age for military service at 18 years. The Committee notes the Government’s information that a Republican Order was promulgated on stopping service with the national defence. Observing that the copies of the Compulsory National Service (Defence) Act and General Reserve Act have not been attached to the Government’s report, the Committee requests the Government to do so with its next report. Furthermore, it asks the Government to provide a copy of the Republican Order.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that the Yemeni legislation does not appear to prohibit the use, i.e. as a client, of a child under 18 years of age as a prostitute. Furthermore, the Committee had asked the Government to confirm that the use, procuring or offering of both girls and boys under 18 years for the production of pornography or for pornographic performances is prohibited under section 147 of the Child Rights Act, which provides that the State shall protect children against prostitution and immoral activities. The Committee notes the Government’s information that section 163 of the Child Rights Act prohibits any person from inciting a boy or a girl to practice debauchery or prostitution. The Committee notes that the legislation does not appear to prohibit the use of a child as a prostitute by a client but rather, that it prohibits any person from procuring or offering a child for prostitution. It accordingly requests the Government to take the necessary measures to ensure that the use of a child under 18 years of age for prostitution is prohibited. Furthermore, it once again asks the Government to indicate whether the use, procuring or offering of both girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under section 147 of the Child Rights Act.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee observes that no copy of the Narcotics Act, No. 3 of 1993 was attached to the Government’s report. It requests the Government to supply a copy of this Act with its next report.

Clause (d). 1. Hazardous work. The Committee had previously noted that sections 2 and 147 of the Child Rights Act provide that the State shall protect children under 18 years of age from economic exploitation. The Committee further notes 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. However, by virtue of sections 2 and 49(4) of the Labour Code No. 5 of 1995, it is prohibited to employ a young person under 15 years of age in arduous work, harmful industries or work that is socially damaging. The Committee observes the contradiction between the provisions of the Child Rights Act and Ministerial Order of 2004 and the provisions of the Labour Code in respect of the minimum age for admission to hazardous work. The Committee recalls that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety and morals of young persons, is considered to be one of the worst forms of child labour, and is consequently forbidden for children under 18 years of age. The Committee 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.

2. Self-employed workers. Following its previous comments, the Committee notes the Government’s information that it has taken into consideration the Committee’s comments in the draft amendments to the Labour Code, with regard to the application of the Convention to labour relations which do not result from the establishment of an employment contract, such as self-employed workers, for workers under 18 years of age. The Committee urges the Government to take the necessary measures to ensure the adoption of the draft amendment to the Labour Code in the near future. It also requests the Government to provide a copy of this draft amendment as soon as it is adopted.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. Following its previous comments, the Committee notes the Government’s statement that the regulations promulgated in 2004 repeal Ministerial Decree No. 40 of 1996. The 2004 regulations identify the types of work or employment which are dangerous for children under the age of 18 and which are prohibited to them. The Committee requests the Government to provide a copy of these regulations along with its next report.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s information, in its report, that the labour inspection sector of the Child Labour Unit visited 5,041 working children in the various workplaces at the governorate level, returned 341 working children to school and transferred 545 working children to light work more suitable to their capacities and lowering their number of working hours. The Committee also notes the Government’s information that the Under-Secretary of the Ministry of Social Affairs and Labour submitted a plan of action to activate the role of inspection departments to the sector of labour relations, which is still under examination for its adoption. Moreover, one of the objectives of the ILO/IPEC project for supporting the national policy and programme framework (NPPF) for the elimination of the worst forms of child labour (WFCL) in Lebanon and Yemen is to enhance the national capacity to enforce legislation relating to the worst forms of child labour. The Committee requests the Government to provide information on the impact of the ILO/IPEC programme on the enforcement of legislation concerning child labour. It also requests the Government to provide more detailed information on the plan of action to activate the role of inspection departments to the sector of labour relations and to supply a copy of said plan of action once it is adopted by the relevant bodies.

Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s information that the first phase of the
ILO/IPEC National Programme on the Elimination of Child Labour in Yemen, was implemented from 2002 to 2005. The Committee also notes that four action programmes have been approved and that their work plans are being implemented, within the context of the NPPF in Yemen. These four action programmes are targeting 1,750 working children, 1,450 siblings and 790 families. Noting that the Government did not provide information on the impact of the ILO/IPEC national programme on the elimination of the worst forms of child labour, the Committee requests the Government to do so in its next report. The Committee also requests the Government to provide information on the implementation of the action programmes and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. 1. Penalties. The Committee had previously noted that, according to the report entitled “Understanding children’s work in Yemen” (ILO/UNICEF/World Bank, March 2003, paragraph 70) (the “UCW” report), compliance with child labour laws is very low and legal sanctions rarely applied. The Committee notes the Government’s statement that it applies the penalties specified in the Yemeni law when notified of the occurrence of any crime. Therefore, it requests the Government to provide information on the practical application of legislative provisions, including the number of infringements reported of the provisions related to the worst forms of child labour, as well as investigations, prosecutions, convictions and penal sanctions applied.

Paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education prepared a strategy for the development of basic education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to pursue its efforts to improve access to free basic education for all children and to continue providing information regarding this point. Furthermore, the Committee requests the Government to provide information on the impact of the strategy on increasing school attendance and reducing school drop-out rates.

Clauses (b) and (c). Providing the necessary and appropriate direct assistance, for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration, including through access to free basic education. Street children. In its previous comments, the Committee had noted that, according to the UCW report, street children in Yemen face harsh living conditions and are vulnerable to abuse. The Committee notes that, according to the report by the Committee on the Rights of the Child of September 2005 (CRC/C/15/Add.267, paragraph 73), the number of street children is increasing. It notes that the Government established centres for the accommodation of street children in some governorates, which are responsible for their education and reintegration with their families. Furthermore, the Committee notes the implementation, in 2007, of the action programme to contribute to the elimination of the WFCL in Yemen by providing 1,200 street working children and 500 siblings with rehabilitation and educational services through the Sana’a Centre Coordination Committee, which promotes a multisectoral approach and envisages the provision of rehabilitation services. The Committee requests the Government to provide more detailed information on the centres for street children and, more specifically, on the number of children removed from the streets and received by these centres and rehabilitated. It also requests the Government to provide information on the progress made in the implementation of the action programme abovementioned, and its impact on protecting street children from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 
1. Commercial sexual exploitation of children. The Committee had previously noted that according to the UCW report, a small-scale survey conducted in 1997 revealed that a significant number of children claimed that they were sexually exploited. It had asked the Government to provide information on the measures it aimed to take or envisaged to research the extent of this phenomenon. The Committee notes the Government’s information that, at present, no such measures are being undertaken or prepared because of the lack of funds for the preparation of such a study. However, the Committee reminds the Government that Article 7(2)(d) of the Convention requires member States to take effective and time-bound measures to identify and reach out to children at special risk. Consequently, it urges the Government to make the effort to undertake research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen, so as to have the necessary information to adopt such measures in the near future.

2. Construction, car repair workshops and machine welding. Following its previous comments, the Committee notes the Government’s information that children working in car repair workshops and machine welding do not perform hazardous work because there are laws and regulations which regulate that work, as well as penalties for persons who violate these provisions. The Committee requests the Government to provide a copy of these laws and regulations. It also asks the Government to provide information on the penalties prescribed in case of violations of those provisions.

Clause (e). Special situation of girls. In its previous comments, the Committee had noted the low rates of girls aged 6–15 years enrolled in education. It had also noted the various initiatives and programmes taken by the Government, in collaboration with UNICEF, in order to reduce the gender gap and increase the enrolment of girls in school. The Committee notes that the Basic Education Development Project, funded by the World Bank, aims to assist Yemen in expanding the provision of quality basic education to all (grades 1–9) with special attention on gender equity. However, the Committee notes that, according to the report of the Committee on the Rights of the Child of September 2005 (CRC/C/15/Add.267, paragraph 63), the level of illiteracy of women remains high and the negative stereotypes of girls remain in school curricula. Consequently, the Committee asks the Government to pursue its efforts to ensure that school-age girls attend and remain in schools and to provide more information on the results achieved.

Article 8. Poverty reduction programme. In its previous comments, the Committee had noted that in 2003, the Government launched a two-year Poverty Reduction Strategy Paper (PRSP) which aimed at achieving economic growth, poverty reduction, job creation, and ensuring social and economic stability. The Committee further notes that, according to the Technical Progress Report (TPR) of March 2007 of the ILO/IPEC project, Yemen held the consultative group meeting in London in November 2006 under the patronage of President Ali Abdullah Saleh. In this meeting, Yemen’s development partners reaffirmed their support to the country’s efforts to reduce poverty through macroeconomic stability and structural reforms. The Committee requests the Government to provide information on the impact of the PRSP on eliminating the worst forms of child labour in its next report. It also encourages the Government to continue its efforts to combat poverty in Yemen so as to ensure the efficient elimination of the worst forms of child labour.

Part V of the report form. The Committee notes that, according the TPR of March 2007, the Consultative (Shura) Council held a session on children’s rights in January 2007, where a report was prepared by the Freedom and Human Rights Committee which reviewed the condition of childhood in Yemen; their health, education, violence against them, and the laws pertaining to child rights. Furthermore, a programme titled child labour survey and the development of a database on child labour has been implemented by the Central Statistical Organization of Yemen (CSO) in 2006 under ILO/IPEC supervision, to which UNICEF has contributed US$60,000. This survey should provide needed information on children engaged in economic and non-economic activities and comprehensive demographic and socio-economic characteristics of all school-age children, along with working conditions and health and safety issues of working children, and reasons why children work. The Committee requests the Government to supply a copy of the report on children’s rights prepared by the Freedom and Human Rights Committee at the Shura Council. It also requests the Government to provide a copy of the child labour survey prepared by the CSO as soon as it is available.

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

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that, according to section 148(1) of the Penal Code, No. 12/1994, it is an offence to buy, sell or otherwise dispose of a person. Moreover, section 148(2) of the Penal Code provides that whoever imports or exports another person to dispose of that person commits an offence. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraph 331) that, by virtue of section 164 of the Child Rights Act No. 45/2002, whoever sells, buys or otherwise disposes of a male or a female child commits an offence. The Committee requests the Government to supply a copy of the Penal Code, No. 12/1994, and the Child Rights Act, No. 45/2002.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, by virtue of article 29 of the Constitution of 1994, forced or compulsory labour is prohibited.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.1, 23 July 1998, paragraphs 68-70) that sections 2 and 3 of the Compulsory National Service (Defence) Act state that every male citizen aged 18 years shall perform military service. It adds that, according to section 4 of the General Reserve Act, general military reserve consists of male citizens aged 18-50 years. The Government also indicates, in its third report to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraph 263), that section 149 of the Child Rights Act states that Yemen shall comply with international law, especially the provisions prohibiting the recruitment of persons under 18 years of age in armed conflicts. The Committee requests the Government to supply a copy of these legislative provisions.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that section 147 of the Child Rights Act provides that the State shall protect children against prostitution and immoral activities. It adds that section 279 of the Penal Code provides that whoever induces a person to become a prostitute or to commit an act of debauchery is guilty of an offence. The Committee accordingly notes that the legislation does not appear to prohibit the use (i.e. as a client) of a child under 18 years of age as a prostitute. The Committee reminds the Government that according to Article 3(b) of the Convention, the use of a child under 18 years of age for prostitution constitutes one of the worst forms of child labour and shall therefore be prohibited. The Committee accordingly asks the Government to take the necessary measures to ensure that the use of a child under 18 years of age for prostitution is prohibited. It also asks the Government to confirm that the use, procuring or offering of both girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under section 147 of the Child Rights Act.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that section 2 of the Narcotics Act, No. 3/1993, prohibits the use of a person to produce, import, export, buy or sell illicit drugs. The Government adds that section 148 of the Child Rights Act prohibits the use of children in the production and trafficking of narcotics or psychotropic substances. The Committee requests the Government to supply a copy of the abovementioned provisions.

Clause (d). 1. Hazardous work. The Committee notes the Government’s indication that, by virtue of sections 2 and 147 of the Child Rights Act, the State shall protect children under 18 years of age from economic exploitation. However, it notes that, by virtue of sections 2 and 49(4) of the Labour Code of 1995, it is prohibited to employ a young person under 15 years of age in arduous work, harmful industries or work that is socially damaging. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 shall not perform work, which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to take the necessary measures to prohibit the employment of young persons under 18 in hazardous work.

2. Self-employed workers. The Committee notes that, by virtue of sections 2(1) and 3 of the Labour Code, the Code applies to any man, woman or young person who works for an employer, under supervision even if not within sight, in consideration of a wage, under a written or unwritten contract of employment. The Committee notes that the Labour Code does not apply to labour relations which do not result from the establishment of an employment contract such as self-employed workers. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication that a regulation listing the types of hazardous work that children shall not perform was enacted pursuant to section 49 of the Labour Code. The Government adds that section 21 of this regulation provides for a list of 58 types of work that children under 18 years of age shall not perform. The Committee further notes that the Government in its report sent on the application of Convention No. 138 indicates that Ministerial Order No. 40 of 1996 determines the types of occupations, tasks and industries in which the employment of young persons is prohibited. The Committee accordingly asks the Government to indicate whether the Ministerial Order No. 40 of 1996 is the regulation that provides for a list of the types of hazardous work that persons under 18 shall not perform as required by Article 4, paragraph 1, of the Convention. It also asks the Government to supply a copy of this regulation.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. It nevertheless notes that, according to the report entitled "Understanding children’s work in Yemen" (ILO/UNICEF/World Bank, March 2003, paragraph 6) (the "UCW report"), rural child workers account for 94 per cent of total child workers. The report also reveals that children working in the agricultural sector are exposed to chemicals, to extreme cold and heat, they handle heavy agricultural equipment and carry heavy loads. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee trusts that the Government will take into consideration the conclusions of the UCW report on hazardous work in the agricultural sector when identifying where hazardous work exists. It requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 123 of the Labour Code, labour inspectors supervise the application of labour legislation and regulations and draft reports on the results of their inspection. It also notes that, according to the UCW report (paragraphs 13 and 70), the Government reckons that it lacks resources to adequately enforce the legislation concerning child labour. The UCW report also reveals that labour inspectors are limited in their investigative powers, meaning that visits are rare and inadequately followed up. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention.

2. Child Labour Unit. The Committee notes the Government’s indication that a Child Labour Unit within the Ministry of Labour was established to plan, coordinate and monitor activities relating to child labour. Concerning the worst forms of child labour, the Unit has provided training to labour inspectors, undertook a survey on children engaged in the worst forms of child labour, established a database providing information on the location of child workers and the type of employment they perform. The Government adds that the activities and achievements of the Unit are published on a regular basis in the official journal. The Committee asks the Government to continue to provide information on the measures taken by the Child Labour Unit to monitor the implementation of the provisions giving effect to the Convention.

3. Measures taken by organizations of employers and workers. The Committee notes the Government’s indication that the General Federation of Workers’ Organization has established a special unit to deal with child labour issues. The Unit visits workplaces to ensure that children benefit from the protection laid down in the Labour Code, provides training to trade union members, and collaborates with placement agencies to provide the parents of child labourers with an occupation. The Committee also notes that the Child Labour Unit of the Federation of Yemen Chambers of Commerce and Industry took measures to: (i) raise awareness on the child labour phenomenon; (ii) train its members on the applicable legislation and measures to be taken to protect child labourers; and (iii) compile information on the extent and trends of child labour in the informal sector. It also undertook collective bargaining with trade unions to improve the working conditions of child labourers. The Committee requests the Government to continue to provide information on the measures taken by the organizations of employers and workers to eliminate the worst forms of child labour and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the UCW report (paragraphs 15 and 75), a Country Programme for the Elimination of Child Labour in Yemen was launched by ILO/IPEC in 2000. The Government and the ILO signed a Memorandum of Understanding in 2002. The primary objectives of the ILO/IPEC Country Programme are the eradication of the worst forms of child labour in Yemen and addressing the special situation of girls. To this end, the programme addresses key policy and legislative issues and provides grass-roots level support, including demonstration projects and local capacity building. It aims at removing and rehabilitating 3,000 children from the worst forms of child labour. By the end of the programme, the Government will have developed a national policy and programme framework to combat the worst forms of child labour and taken concrete measures toward harmonizing its child labour and education legislation with international standards. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme on the elimination of the worst forms of child labour. It also requests the Government to provide information on the launching of a national policy and programme framework by the Government to combat the worst forms of child labour.

Article 7, paragraph 1. 1. Penalties. The Committee notes that, according to the Government’s information, section 148(1) of the Penal Code provides that whoever sells or traffics a person is liable to ten years’ imprisonment. It adds that, by virtue of section 279 of the Penal Code, whoever induces another person to become a prostitute is liable to three years’ imprisonment. The Committee also notes that section 154 of the Labour Code as amended in 1997 provides that a person who infringes the provisions of the Labour Code concerning the employment of children is liable to a maximum of three months’ imprisonment or a fine of 5,000 riyals to 20,000 riyals. It notes the absence of information on the applicable penalties for the violation of section 2 of the Narcotics Act, which according to the Government’s indication prohibits the use of a person for the production or trafficking of drugs. It further notes that, according to the UCW report (paragraph 70), compliance with child labour laws is very low and legal sanctions rarely applied. The Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee accordingly asks the Government to take the necessary measures to ensure that whoever violates the legal provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penal sanctions are imposed. It also requests the Government to provide information on the practical application of legislative provisions, including the number of infringements reported of the abovementioned provisions, investigations, prosecutions, convictions and penal sanctions applied. It further asks the Government to provide information on the criminal penalties imposed on a person who violates section 2 of the Narcotics Act.

Paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that, by virtue of article 53 of the Constitution, basic education is compulsory. According to the Government’s indication to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraphs 213 and 228) and to the International Bureau of Education - UNESCO, basic education is compulsory and free for children aged 6-15 years by virtue of section 81 of the Child’s Rights Act and Decree No. 1319/1994. The Government adds that the Ministry of Education has established data on education and has devoted its efforts to the periodic conduct of comprehensive surveys on education. The Committee notes that the Government launched in 1996 a 24-year national strategy to eliminate the illiteracy of more than 4.8 million persons aged 10-45. The strategy focused, for instance, on improving enrolment rates in primary education and ensuring that all boys and girls complete basic education by 2015. A report of the Ministry of Education (International Conference on Education, August 2004, pages 4 and 12) indicates that the illiteracy rate decreased from 62.73 per cent in 1994-95 to 55.70 per cent in 1999-2000 for persons aged 15 and above. It further observes that a joint project was launched by the World Bank and UNICEF to help the Government to provide all children with textbooks at the beginning of each school year. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to pursue its efforts to improve access to free basic education for all children.

Clauses (b) and (c). Providing the necessary and appropriate direct assistance, for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration, including through access to free basic education. The Committee notes that, according to the mid-term report concerning the implementation of the ILO/IPEC National Programme on the Elimination of Child Labour (February 2003, page 8), between 31 October 2002 and 1 March 2003, 17 children were withdrawn from the worst forms of child labour and 1,398 children were provided with rehabilitative services. From April to September 2003, the number of children withdrawn from the worst forms of child labour was raised to 169 and the number of children who benefited from rehabilitative services to 1,500. Rehabilitative services encompass non-formal education, vocational training, counselling services, health services, uniforms and books. The Committee also notes the Government’s indication that it has established a rehabilitation centre for former child labourers. The Committee asks it to pursue its efforts to withdraw children from the worst forms of child labour and rehabilitate them. It also asks the Government to provide information on the achievements of the ILO/IPEC National Programme on the Elimination of Child Labour in this regard.

2. Street children. The Committee notes that, according to the UCW report (paragraph 56), street children in Yemen face harsh living conditions and are vulnerable to abuse. The report reveals that some are forced to beg or steal to support themselves, others are forced into prostitution, drug trafficking and other illicit activities. According to the report, the total number of street children in Yemen is unknown; however available estimates vary from 29,000 street children in Sanaa alone to 35,000 street children nationwide in 1999. The Committee also notes the Government’s indication that the Child Rehabilitation Centre established in Sanaa set up a database of children working in the street. It further notes that the ILO/IPEC mid-term report on the implementation of the national Programme on the Elimination of Child Labour indicates that activities related to the withdrawal and rehabilitation of working street children were expanded. A comprehensive approach was taken to improve services for working street children. Efforts focused on strengthening referral and networking to address the educational, health and social needs of street children. The Committee accordingly asks the Government to provide information on the number of street children in Yemen and the types of work they perform. It also asks the Government to provide information on the number of street children withdrawn from the worst forms of child labour and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. 1.  Commercial sexual exploitation of children. The Committee notes that, according to the UCW report (paragraph 55), a small-scale survey conducted in 1997 revealed that a significant number of children claimed that they were sexually exploited. The UCW report indicates that further research is needed in this area. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to research on the extent and trends of the commercial sexual exploitation of children under 18 years in Yemen.

2. Construction, car repair workshops and machine welding. The Committee notes that, according to the UCW report (paragraph 8), children working in the construction sector are exposed to chemical toxins. Children working in car repair workshops suffer from respiratory problems due to the inhalation of fumes; they were also reported to be physically injured, to have burns and to be exposed to electrocution. Children working in machine welding are exposed to lead poisoning and extreme heat. The Committee accordingly asks the Government to provide information on the effective and time-bound measures taken or envisaged to ensure that children working in the construction sector, in car repair workshops and machine welding do not perform hazardous work.

Clause (e). Special situation of girls. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/129/Add.2, 3 December 2004, paragraph 247) that 42 per cent of girls aged 6-15 years of age were not enrolled in education in 2000-01. According to the United Nations Commission on Human Rights (E/CN.4/2004/43/Add.1, 8 January 2004, paragraph 9), only 29.7 per cent of young girls attend primary school in rural areas. The Committee also notes that, according to the UCW report (paragraph 10), only 14 per cent of female child workers aged 10-14 years attend schools compared to 59 per cent of male workers of the same age group. The Committee nevertheless notes that, according to the report of the Ministry of Education submitted to the International Conference on Education (August 2004, page 2), the number of girls enrolled in basic education has increased from 25 per cent in 1990-91 to 38 per cent in 2000. The Committee observes that UNICEF is working with the Government to reduce the gender gap and improve educational quality. The on-going programme aims at increasing the enrolment of girls in school by 20 per cent annually in 30 rural districts, which have been identified as having a low number of female pupils. UNICEF is providing schools and families with educational supplies to help lower costs since the high cost of schooling has discouraged or prevented poor parents from having their children, especially girls, educated. The Committee asks the Government to pursue its efforts to ensure that school-age girls attend schools and to provide information on the results achieved.

Article 8. 1. International cooperation. The Committee notes that Yemen is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Yemen ratified the Convention on the Rights of the Child in 1991.

2. Poverty reduction programme. The Committee notes that, according to the World Bank, half of Yemen’s population lived below the poverty line in 2004. It also notes that the Government adopted in 2001 the Second Five-Year Plan for Economic and Social Development in order to reduce poverty through upgrading the capacities of the poor and expanding the sustainable schemes that support the poor. In 2003, the Government launched a two-year Poverty Reduction Strategy Paper (PRSP), which aims at achieving economic growth, poverty reduction, job creation and ensuring social and economic stability (pages vi and x of the PRSP, 2003-05). The PRSP targets to reduce the percentage of people living below the poverty line to 35.9 per cent by 2005. The Committee requests the Government to provide information on any notable impact of the PRSP on eliminating the worst forms of child labour.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.