Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (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.