Comments adopted by the CEACR: Yemen

Repetition

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

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–679). The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.

Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

Repetition

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

Article 1 of the Convention. Legislation. Grounds and definition of discrimination. Noting the Government’s indication in its report that the current draft Labour Code does not explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, and noting that the Government does not provide information on the protection from discrimination of certain categories of workers, as requested previously, the Committee urges the Government to take the necessary steps to include an explicit prohibition of direct and indirect discrimination on all of the grounds set out in the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation. Recalling that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, the Committee also asks the Government to introduce the necessary provisions in the future Labour Code or in any other specific legislation to ensure that all categories of workers, including domestic workers, casual workers and agricultural workers, are protected against discrimination in employment and occupation.

Discrimination based on sex. Sexual harassment. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to take the necessary steps to explicitly prohibit both quid pro and hostile environment within the law. The Committee also asks that the Government take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment at the workplace, including through awareness-raising activities.

Article 2. National equality policy. The Government’s report is silent on this point. The Committee wishes to recall that the primary obligation of States under the Convention is to adopt and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to effectively eliminating discrimination on all of the grounds enumerated in the Convention and across all aspects of employment. The implementation of such a policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732). The Committee asks the Government once again to take steps to develop and implement a national equality policy to address discrimination and to promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures adopted in this respect.

Promoting gender equality. The Committee previously asked the Government to provide information on the concrete measures taken within the framework of the National Strategy for Women 2010–2012 to promote and ensure equality of opportunity and treatment in all aspects of employment and occupation for women. The Committee notes the Government’s general indication that several steps were taken to reduce discrimination against women by the undertaking of reforms to a range of existing laws, on labour issues but also on social security, nationality and in relation to diplomatic issues, either by making amendments or by introducing provisions that guarantee women’s rights in the public, private and family social spheres. The Committee asks the Government once again to provide concrete information on the measures taken or envisaged to promote in practice equality of opportunity and treatment in employment and occupation between men and women, in particular measures taken to: (i) combat sexist stereotypes and prejudices regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society; (ii) increase the participation of women in education and vocational training to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented; (iii) promote women’s self employment by addressing skills gaps and employability; and (iv) promote a work–family balance for all employees.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously the Committee noted that the lack of complaints is not an indication that there is no discrimination in practice and requested the Government to provide information on the activities carried out by the labour inspection services in relation to discrimination, including discrimination based on sex, and the results thereof. The Committee notes the Government’s indication that, according to the inspection reports, no violations related to gender discrimination have been registered yet. The Committee asks the Government to indicate the steps taken to strengthen the labour inspection service’s capacity to identify and address cases of discrimination, including awareness raising activities. The Committee also asks the Government to provide information on any cases of discrimination dealt with by the labour inspection services or the courts, indicating the sanctions imposed and remedies provided.