Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Yemen (Ratification: 2000)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. In its previous comments, the Committee noted the information provided by the Government in its fourth periodic report to the Committee on the Rights of the Child (2012 report to the CRC), that the Government had been focusing on projects related to education, health, social affairs and youth with an emphasis on vital projects for children, including the National Poverty Reduction Strategy (2003–15) and the National Strategy for Children and Youth (2006–15) (CRC/C/YEM/4, paragraph 23). It also noted the Government’s information in its 2012 report to the CRC that it was in the process of drafting a national action plan to combat child labour in cooperation with the ILO and the Centre for Lebanese Studies.

The Committee notes the Government’s reference, in its report, to the continuing conflict and worsening economic and social situation of the country which is affecting children’s education and future. It also notes the information that the Government, in cooperation with the ILO, employers, workers and civil society organizations have adopted a number of policies, measures and national plans to combat child labour. The Government report indicates that awareness-raising programmes on the risks of employing children under the minimum age are being implemented targeting employers, civil society organizations and local authorities; posters and banners against child labour are put up in public places; and inspections are carried out to places where children are employed, in particular in the informal sector. The Committee notes that according to the information from an ILO survey of 2013, more than 1.3 million children between the ages of 5 and 17 were involved in child labour. It further notes that the CRC, in its concluding observations of February 2014, expressed serious concern that an estimated 11 per cent of all child labourers are aged between 5 and 11 years, while 28 per cent are aged between 12 and 14 years (CRC/C/YEM/CO/4, paragraph 79). The Committee further notes from the Yemen Humanitarian Situation Report of March 2017 that more than 9.6 million children are affected by armed conflict in the country and the number of children displaced inside Yemen has reached over 1.6 million. While acknowledging the difficult situation prevailing in the country, the Committee must express its deep concern at the large number of children working below the minimum age for admission to employment or work. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict in the country, the Committee urges the Government to take immediate and effective measures to improve the situation of children in Yemen and to protect and prevent them from child labour, including through the adoption of the national action plan to combat child labour. It requests the Government to provide information on the measures taken in this regard and the results achieved. The Committee further requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

Article 2(3). Compulsory education. The Committee previously noted the Government’s information in its 2012 report to the CRC that it had adopted a number of policies and measures designed to expand basic education and enhance its effectiveness through the National Strategy for Basic Education (2003–15), the National Strategy for the Development of Secondary Education, the Strategy for Girls’ Education and the Yemen Strategic Vision 2015. However, the Committee noted from the UNESCO statistics of 2011, that the net enrolment rate (NER) in primary education was 76 per cent while the NER at the secondary-school level was 40 per cent.

The Committee notes the Government’s information that it is seeking to expand and improve the quality of primary and secondary education and reach out to poorer demographic groups of the society. In this regard, the Committee notes the information that the Government, in cooperation with UNICEF, is implementing a four-year Global Partnership for Education programme covering 13 governorates, which have low rates of school enrolment, lack of infrastructure and high levels of poverty. It further notes the Government’s statement that general education faces challenges and difficulties that are preventing any progress in this field, such as population dispersal, high rate of population growth and inadequate financial resources. The Committee notes from the report of the Global Partnership for Education in Yemen (GPE), 2017, that despite the ongoing conflict, many activities were implemented across the various GPE-supported programmes which contributed to the achievement of tangible results, including: (i) the rehabilitation of 89 schools; (ii) 83,565 students being provided psychological support; (iii) 420 targeted schools in 13 governorates having received development funds for the academic years 2015–16 and 2016–17; and (iv) 8,059 teachers being trained on active learning methods. The Committee notes, however, from the UNICEF report entitled Falling through Cracks: The Children of Yemen of March 2017 that the conflict in Yemen has destroyed and damaged more than 1,600 schools raising the already high number of out-of-school children, before conflict, to more than 2 million. While noting the measures taken by the Government, the Committee express its deep concern at the large number of children who are deprived of education because of the climate of insecurity prevailing in the country. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to increase the school enrolment and attendance rates at the primary and secondary levels and to reduce school drop-out rates. It requests that the Government provide information on the measures taken in this regard and on the results achieved.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted that the Labour Code as well as Ministerial Order No. 11 of 2013 (Ministerial Order No. 11) does not contain a minimum age for apprenticeships. It requested the Government to take the necessary measures to adopt provisions establishing the minimum age for apprenticeship in conformity with Article 6 of the Convention.

The Committee notes the Government’s information that the draft Labour Code sets a minimum age of 14 years for apprenticeship and that Ministerial Order No. 11 will be amended to set a minimum age of 14 years for apprenticeship. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the provisions under the draft Labour Code and Ministerial Order No. 11, which establish a minimum age of 14 years for apprenticeship will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.