Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Yemen (Ratification: 1976)

With reference to its previous comments, the Committee notes with interest the Government's report and the information provided by a Government representative at the Conference in June 1991, as well as section 39 of the Constitution of May 1991 and sections 126, 127 and 128 of Act No. 19 of 1991 issuing the general conditions of service of the public service, which guarantee the right to organize of all citizens, including the right of public servants to establish and join organizations of their own choosing.

The Committee notes the assurances given by the Government that freedom of association is a basic right of each citizen and that it has undertaken to guarantee the respect and satisfactory application of the Convention through the enactment of new labour legislation which will take into account the comments of the Committee in the draft texts of a new Labour Code and a Bill respecting trade unions.

In this context, the Committee recalls that it is necessary to bring the legislation into conformity with the Convention on the following points:

- guaranteeing the establishment of trade unions without prior authorization (section 154 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of manual and non-manual employees);

- introducing trade union pluralism for all workers by amending sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations which introduce a single trade union system in law;

- reducing the high number of workers required to establish trade unions (sections 21, 137, 138 and 139 of the Labour Code; section 55 of the Regulations);

- abolishing the powers of the public authorities to interfere in; (a) the financial administration of trade unions (sections 132(2) and (4) and 133 (13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations);

- raising the prohibition on political activities by trade unions (section 132 of the Labour Code) and the restrictions placed on their activities to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes);

- giving foreign workers the right to hold trade union office, at least after a reasonable period of residence in the country (section 142(3) of the Labour Code); and

- abolishing the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code).

The Committee reminds the Government that the Office is at its disposal for any assistance which it might need for the preparation of amendments to give effect to the Convention.

The Committee requests the Government to indicate any progress achieved in these fields in its next report.