Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la edad mínima, 1973 (núm. 138) - Yemen (Ratificación : 2000)

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Article 1 of the Convention and Part V of the report form. 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 work of the Child Labour Unit (CLU) attached to the Ministry of Social Affairs and Labour (MoSAL) and referred to a child labour survey on working children the Government was commencing in collaboration with the ILO.

The Committee notes the findings of the first national Child Labour Survey carried out in 2010 by the Central Statistical Organization (CSO) in collaboration with ILO–IPEC which were released in July 2012. The Committee notes that 21 per cent of children between the ages of 5 and 17 are employed. While 11 per cent of 5–11 year-olds are employed, this figure increases to 28.5 per cent among 12–14 year-olds and further to 39.1 per cent among 15–17 year-olds. The employment rate of male children at 21.7 per cent is slightly higher than the employment rate of female children at 20.1 per cent. The two leading sectors that employ children are agriculture (56.1 per cent) and private households (29 per cent). A smaller proportion of children are in wholesale and retail trade (7.9 per cent). The majority of working children are unpaid family workers (58.2 per cent). Expressing its concern at the large number of working children in the country, especially in rural areas, the Committee strongly encourages the Government to pursue its efforts towards the effective reduction and elimination of child labour. It requests the Government to provide information on national policy measures designed to ensure the effective elimination of child labour, and on the results achieved. The Committee further requests the Government to provide information on the manner in which the Convention is applied in practice, including extracts from the reports of inspection services and information on the number of inspections aimed, in whole or in part, at addressing child labour as well as on the number and nature of violations detected involving children.

Article 2(1). Scope of application. In its previous comments, the Committee noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers are excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, household servants and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. The Committee further noted that section 5 of Ministerial Order No. 56 of 2004 (Ministerial Order No. 56) states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years. The Committee also noted the Government’s indication that the current exemptions in the Labour Code would be addressed in forthcoming amendments to the Labour Code. The Committee reiterates its hope that the amendments to the Labour Code will soon be adopted and requests the Government to provide information on any new developments in this regard, in particular concerning the categories of workers excluded from the scope of application of the Labour Code by virtue of sections 3(2) and 53.

Article 2(1) and (2). Minimum age for admission to employment or work. The Committee previously noted that section 5 of Ministerial Order No. 56 states that the minimum age of entering employment shall not be less than the age of completion of compulsory education, which is 15 years, while section 133 of the Yemeni Child Rights Law of 2002 establishes the general minimum age for admission to work at 14 years. The Committee also noted the Government’s indication that an amendment modifying the minimum age for working children addressing this contradiction is being prepared. Noting that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification, the Committee draws the attention of the Government towards the possibility of raising the minimum age by notifying the Director-General of the ILO in virtue of Article 2(2) of the Convention. The Committee once again expresses the hope that the draft amendment which modifies the general minimum age in the relevant Acts will be adopted in the very near future, and requests the Government to provide a copy of this legislation once adopted.

Article 2(3). Compulsory education. The Committee previously noted the Government’s basic education development strategy (BEDS), as well as the basic education development project by the World Bank, which aims to assist Yemen in expanding the provision of quality basic education to all (grades 1–9), with special attention to gender equity.

The Committee notes from the findings of the 2010 Child Labour Survey referred to above that the school attendance rate for children 6–14 years old (ages for compulsory schooling) stands at 73.6 per cent. Female and rural children are particularly affected by low school attendance rates. While among 6–17 year-olds, the attendance rate among girls is 63.4 per cent, this rate is 77.2 per cent among boys. The lowest school attendance rate is estimated for rural females at 57.5 per cent as compared to 82.9 per cent for urban boys.

The Committee also notes the information from the UNESCO Education for All Monitoring Report 2011, that in 2008, Yemen had the most children out of school in the region, more than 1 million (regional overview: Arab States, page 3). The Committee furthermore notes the Secretary-General report on children and armed conflict, which, in 2011 recorded 211 attacks on schools and the disruption of schooling of some 200,000 children (A/66/782-S/2012/261, paragraph 168). The Committee also notes that the basic education development project by the World Bank had to be suspended in June 2011 due to the much deteriorated political and security situation. Yet the suspension of activities was lifted in January 2012 and the project was extended to the end of 2012 (World Bank document, Report No. 69061-YE, 29 June 2012, paragraphs 4–5, 23).

The Committee expresses serious concern at the number of children who do not attend school and the significant gap in the gross enrolment rate for basic education for girls and boys. 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 improve the functioning of the education system as soon as possible, within the framework of the basic education development strategy. The Committee requests the Government to provide information on measures taken in this respect, and on the impact of these measures, particularly with regard to the enrolment, attendance and completion rates of girls and children in rural areas.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted that section 49(4) of the Labour Code states that it is prohibited to employ a young person under 15 years of age in hazardous work. The Committee also noted the Government’s information that, while section 4 of Ministerial Order No. 56 specifies that no person under 18 years may be accepted for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, this section did not repeal the relevant provisions in the Labour Code. The Committee further noted the Government’s indication that the forthcoming amendments to the Labour Code would take into account the Committee’s observation on the contradictory provisions in the Labour Code and Ministerial Order No. 56 concerning the age of admission to hazardous work.

The Committee notes from the findings of the 2010 Child Labour Survey referred to above that 50.7 per cent of child labourers are engaged in hazardous work. Considering these circumstances, the Committee again urges the Government to ensure that the relevant amendments to the Labour Code are adopted in the near future to prohibit the employment of children under 18 years in hazardous work. It requests the Government to provide information on developments in this regard.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted that the Labour Code does not contain a minimum age for apprenticeships, and recalled that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship. The Committee noted the Government’s statement that it would take into account the Committee’s comments on this issue when amending the Labour Code. The Committee reiterates its requests to the Government to take the necessary measures to ensure that the amendments to the Labour Code will be in conformity with Article 6 of the Convention. It asks the Government to provide information on any developments in this regard in its next report.

Article 7. Light work. In its previous comments, the Committee noted that section 6 of Ministerial Order No. 56 states that the exemption of employment or work of persons between 13 and 15 years may only be authorized if the work is light work, that shall not be harmful to their health, moral or physical development and will not prevent them from attending school, or participate in guidance programmes or vocational training, nor weaken their capacity to benefit from education. The Committee noted the Government’s statement that the Order requires redrafting, to identify the activities that constitute light work, as well as to prescribe the number of hours during which, and the conditions in which, the employment of children between the ages of 13 and 15 is allowed. In this regard, the Committee noted the Government’s indication that it would take the Committee’s comments and Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), into consideration in identifying what is light work, in conformity with Article 7(3) of the Convention. The Committee again expresses the hope that the Government will soon adopt regulations determining light work activities in accordance with the Convention and requests the Government to provide information on the developments in this regard in its next report.

Article 9(1). Penalties. In its previous comments, the Committee noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. The Committee again requests the Government to provide a copy of the abovementioned regulations concerning violations of the Labour Code. The Committee also once again requests the Government to provide information on the enforcement of the penalties for the violation of these provisions in practice.

Article 9(3). Registers of employment. In its earlier comments, the Committee noted that section 139 of the regulations putting into effect the Child Rights Act No. 45 of 2002 (Child Rights Act) states that an employer shall prepare a register which indicates the name of a working child, the child’s guardian, the date on which he/she started work, place of residence and any other data required by the Ministry. Nonetheless, the Committee noted that these provisions did not specify that the employer must indicate the age or date of birth of the workers employed under the age of 18. The Committee recalled that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are under 18 years of age. The Committee again requests the Government to ensure that the registers kept pursuant to section 139 of the regulations putting into effect the Child Rights Act contain the ages or birth dates of persons who are less than 18 years of age, in conformity with Article 9(3) of the Convention. The Committee also requests the Government to supply a copy of the regulations putting into effect the Child Rights Act No. 45 of 2002.

The Committee encourages the Government to take into consideration, during its review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.