Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Yémen (Ratification: 1969)

Autre commentaire sur C029

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that trafficking in persons is prohibited under section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. It also observed that in its 2011 concluding observations, the UN Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed its deep concern about the large-scale trafficking in women and children, including to neighbouring countries, for sexual and other exploitative purposes (E/C.12/YEM/CO/2, May 2011, paragraph 24). The Committee requested the Government to provide detailed information on the measures taken to prevent, prosecute and punish trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Law on Crimes and Penalties.

The Committee notes the Government’s indication in its report that, due to the worsening of the armed conflict, many children have been trafficked and ended up participating in armed conflicts, including Houthi militias. The Government also states that, in 2012, an administrative technical team was established under the Minister of Human Rights to study the phenomenon and elaborate a national project on the matter of trafficking. As a result, a National Committee for Combating Human Trafficking has been established composed of members of the Government as well as members from the civil society. This National Committee has the objective of developing a national policy to combat trafficking in persons, in addition to the elaboration of rehabilitation programmes targeting victims of trafficking. Moreover, the Government indicates that an Anti-Trafficking Bill has been elaborated and is under examination in Parliament. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. The Committee also requests the Government to provide information on the activities undertaken by the National Committee for Combating Human Trafficking, and to indicate whether or not a national policy to combat trafficking in persons as well as the Anti-Trafficking Bill have been adopted. Lastly, the Committee requests the Government to provide information on the investigations carried out, prosecutions and the penalties imposed in cases of trafficking in persons.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments, the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, as well as section 36, which provides for an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length. The Committee also noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee notes an absence of information on this point. The Committee trusts that the draft Bill of the Labour Code will soon be adopted so that the national legislation is brought into conformity with the Convention on this point. It also hopes that the Government will provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service. The Committee noted the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicated that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. Noting the absence of information in this regard, the Committee once again trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee noted the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee noted that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and, if so, under what conditions.