Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that article 132, paragraph 2, of the Maritime Law of Yemen (Presidential Order No. 15 of 1994 concerning maritime work) provides that a permit for maritime work on board a vessel is granted only to persons of at least 18 years of age.

The Committee also takes this opportunity to draw the Government’s attention to the decision that was taken by the Governing Body in regard to this Convention following its examination by the Working Party on Policy regarding the Revision of Standards (GB.274/4(Rev.1) of March 1999). The Governing Body decided to invite the States parties to Convention No. 58 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 58 entails the immediate denunciation of the latter if this State accepts the obligations of Convention No. 138 for maritime work, and either sets, in accordance with Article 2 of this Convention, a minimum age of at least 15 years, or specifies that Article 3 (setting a higher minimum age for hazardous work) of Convention No. 138 applies to maritime work.

Yemen ratified Convention No. 138 on 15 June 2000. It set the minimum age for admission to work or employment at 14 years and did not state that Article 3 of the Convention applied to maritime work. Consequently, the ratification of Convention No. 138 by Yemen has not entailed the denunciation of Convention No. 58. The Committee therefore draws the Government’s attention to the fact that the formal declaration of the application of Article 3 of Convention No. 138 to maritime work would entail the denunciation, with immediate effect, of Convention No. 58.