All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Minimum Age (Sea) Convention (Revised), 1936 (No. 58) - Yemen (RATIFICATION: 1969)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Noting with regret that the Government has not submitted a report on the application of the Convention for the sixth consecutive year, the Committee recalls that, in the context of the Standards Review Mechanism, in accordance with the recommendation of the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), the ILO Governing Body classified Convention No. 58 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item concerning the abrogation of the Convention on the agenda of the 118th Session (2030) of the International Labour Conference. In this context, the Committee requests the Government to provide information on any developments regarding the eventual ratification of the MLC, 2006.

[The Government is asked to reply in full to the present comments in 2024.]

CMNT_TITLE

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.

CMNT_TITLE

Article 2 of the Convention. The Committee takes note of the indication provided by the Government in its report according to which article 132, paragraph 2, of the Maritime Law of Yemen provides that a permit for maritime work on board a vessel is granted only to persons having attained 18 years at least. The Committee asks the Government to provide a copy of this legislation and of the Presidential Order No. 15 of 1994 concerning maritime work.