Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1 of the Convention. Scope of application. Household workers. With respect to its previous comments concerning section 3 of the Labour Code (Act No. 5 of 1995, as amended by No. 25 of 1997) excluding, among others, household workers from its application, the Committee notes the Government’s statement that section 3(4) of the draft amendment to the Labour Code specifies that the Code will not apply to household workers or workers of a similar category except with respect to their holidays, minimum wage, dismissal from work and rights relating to end of service, and that their work, rights and duties will be regulated by Ministerial Order. The Committee notes that the draft amendment will be submitted along with other draft legislation to the Labour Council. The Committee further notes the ILO Mapping study on domestic workers in Yemen (2006) which highlights that paid domestic work is a growing sector in Yemen involving an increasing number of women migrant workers. The Committee welcomes this initiative to examine the situation of domestic workers and requests the Government to provide information in its next report on any follow-up given to the recommendations set out in the ILO study. The Government is also requested to keep it informed of the abovementioned legislative developments and any regulations adopted to prevent discriminatory practices against both national as well as foreign domestic workers.

2. Agricultural workers and casual workers. The Committee notes from the Government’s report that section 3(10) of the Labour Code exempts agriculture workers except if they are members of agriculture societies or companies, if they repair or operate agricultural mechanical equipment, or if they are employed in poultry or cattle raising. The Government indicates that the remaining agricultural workers, who represent 80 per cent of the agricultural workers, are self-employed, or are employed by their families. The Committee recalls that the Convention also aims to promote equality of opportunity and treatment with respect to self‑employment. Noting from the Government’s report that 87.7 per cent of the total female workforce is employed in agriculture, hunting and forestry, the Committee requests the Government to indicate the protection enjoyed by self-employed agricultural workers enjoy against discrimination especially as regards access to land, credit or various goods and services necessary for carrying out their occupation.

3. Discrimination based on sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

4. Article 2. Equal access of women to employment and occupation. The Committee notes the statistics provided by the Government on women’s and men’s economic activity rates and their participation in technical and vocational training. The statistics indicate that in rural areas women’s participation rate is as low as 25.9 per cent while men’s is at 70.7 per cent; in urban areas, women’s participation rate is even lower with 11.5 per cent compared to 68 per cent for men. Furthermore, a high number of women work in the informal economy, especially in rural areas, and women’s economic activity remains focused on traditional sectors such as agriculture, hunting and forestry (87.7 per cent), as well as education (4.3 per cent) and manufacturing (2.6 per cent). Moreover, the latest data available (1999) indicate an extremely low number of women being employed in the government sector (6.3 per cent compared to 20.6 per cent for men). As to technical and vocational training, the Committee notes from the figures provided by the Government that women’s participation also remains very low. While appreciating the statistical information provided and the frank recognition by the Government of the significant gender differences with respect to employment and vocational training, the Committee notes that the Government’s report does not include any information on the specific measures taken to address these issues. Recalling the National Strategy on the Advancement of Women, a copy of which has still not been received, the Committee asks the Government to include in its next report detailed information on: (a) the measures taken to improve the level of women’s participation in employment and occupation in the public and private sectors; (b) measures taken to overcome social traditions and customs that have a negative impact on women’s opportunities in employment, education and skill development; and (c) measures taken to ensure that vocational and skills training for women correspond to the needs of the labour market, and include components enabling women to start their own businesses.

5. National institutions on equality. The Committee notes with interest the ILO Project on Strengthening the National Machinery for Advancing Women’s Employment in Yemen aimed at building the capacity of the Ministry of Social Affairs and Labour to promote gender equality. It hopes that this project will help to address some of the issues set out in points 3 and 4 of its direct request, and requests the Government to keep it informed of the impact of and results achieved through the project.

6. Maternity leave. The Committee notes that the Government will forward a copy of the draft amendment of section 45(1) of the Labour Code, extending leave from 60 days to ten weeks, once adopted.

7. General Administration for Labour Inspection. The Committee recalls Part III of the report form and reiterates its request that the Government provide the details of the specific activities undertaken by the General Administration for Labour Inspection to monitor discrimination based on sex and to promote equality of opportunity and treatment between men and women in employment and occupation.