Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report.

The Committee notes the adoption of the Law on Trade Unions and requests the Government to supply a copy of this legislation with its next report so that the Committee may examine its conformity with the provisions of the Convention at its next meeting.

The Committee notes the Government’s statement that, in collaboration with the social partners, it is preparing draft amendments to the Labour Code. It further notes the Government’s indication that the General Union of Yemeni Trade Unions was not appointed by the public authority but rather elected by the trade unions. The Committee must, however, once again recall that while the purpose of the Convention was clearly not to make trade union diversity an obligation, it does at the very least require that diversity remain possible in all cases. It considers that the naming of a particular union confederation in the legislation renders such diversity impossible; for instance, if in the future some trade unions were to desire to form a different confederation. The Committee therefore trusts that the new amendments will take into account this issue and the previous concerns of the Committee, in particular those regarding strict conditions for exercising strike action and the right to organize of workers not covered by the current Labour Code. The Committee requests the Government to keep it informed of the developments in this respect and to provide a copy of the abovementioned legislation once it has been adopted.

[The Government is asked to report in detail in 2003.]