Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee thanks the Government for its report and notes the information contained therein.

1. Referring to article 3 of the Labour Code (Act No. 5 of 1995, as amended by Act No. 25 of 1997), which excludes casual workers, household workers and agricultural workers from its scope, the Committee notes the Government’s statement that it is continuing to apply the Labour Code to these categories of workers and that no new legislation has been drawn up to directly cover them. Considering that a majority of women work in these areas, the Committee encourages the Government to consider extending formal legal protection to these workers from discriminatory practices. The Committee requests the Government to keep it informed of all measures taken, including the promulgation of regulations, to protect casual workers, household workers and agricultural workers from discrimination, and to promote equality in employment and occupation.

2. Non-discrimination on the basis of sex. The Committee notes with interest the establishment of the High Council for Women through Order No. 98 of 2000 of the Prime Minister, and the strengthening of the National Women’s Committee. It also notes that the Ministry of Social Affairs and Labour elaborated a national strategy for the advancement of women with the assistance of the ILO and the United Nations Development Fund for Women (UNIFEM), but that the strategy is yet to be implemented. The Committee hopes the strategy will soon be implemented and the Government will be able to submit a copy of the national strategy, as well as information on implementing measures, and its impact on improving the level of participation of women in employment and occupation. The Government is requested to provide similar information in future reports, as well as statistical data on women’s participation in the private sector, if available.

3. The Committee notes from the Government’s report that social factors continue to be an obstacle for greater participation of women in the labour market. The Committee notes that the percentage of women employed in a number of ministries, ranges from 5.9 per cent to 28.2 per cent. It also notes from the national report on the implementation of the Beijing Platform for Action prepared by the Women’s National Committee on the occasion of the twenty-third Special Session of the General Assembly on "Women 2000: gender equality, development and peace for the twenty-first century" that the labour force participation rate of women is approximately 20 per cent and that the level of participation of women and girls in education and vocational training remains low. The Committee encourages the Government to take measures to overcome social traditions and customs which have a negative impact on the enjoyment by girls and women of their equal opportunities and treatment in education, skill development, employment and occupation. Noting the Government’s efforts to offer vocational training in different fields to improve women’s competence in income-generating activities, the Committee notes that vocational and skills training for women should correspond to the needs of the labour market, include areas beyond work traditionally considered to be "female", and include components enabling women to start their own businesses and projects. The Committee request the Government to continue to provide information on steps taken to promote women’s access to vocational training and their integration into the labour market, as well as information on the number of women that have participated in vocational training, and on how many have been gainfully employed as a result.

4. Regarding maternity leave, the Committee notes that the draft law amending section 45(1) of the Labour Code to extend the statutory leave period from the current 60 days to ten weeks is still being considered by the legislature. Please keep the Committee informed of any progress made concerning this matter.

5. In the absence of new information in response to the Committee’s previous request concerning the activities of the General Administration for Labour Inspection, the Committee again asks the Government to provide information on the activities of the labour inspectorate taken to achieve equality of opportunity and treatment without discrimination on the basis of sex.

6. Non-discrimination on the basis of political opinion, social origin and national extraction. Noting the Government’s statement that such discrimination does not exist in Yemen, the Committee recalls that the national equality policy to be declared and pursued under the terms of the Convention necessarily includes measures to prohibit discrimination on all grounds listed in Article 1(a) of the Convention, independently whether cases of discrimination on a particular ground have occurred. The Committee is therefore bound to reiterate its previous request for further information on any legislative and other measures taken or envisaged to expressly prohibit discrimination in employment and occupation on the basis of political opinion, social origin and national extraction.