Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Yemen (Ratification: 1969)

The Committee notes the information in the Government’s report.

1.  With reference to the exemptions from coverage under the Labour Code (Act No. 5 of 1995), including employees of the state administration and public sector, casual workers, household servants and agricultural workers, the Committee notes that section 3(a) of the Civil Service Act (No. 19 of 1991) and its executive regulations as promulgated by Presidential Decree No. 122 of 1992, covers workers in the public administration and in the public and mixed sector. It notes also that casual and domestic workers are indirectly covered by the Labour Code and that the Government is currently drafting regulations and orders to more fully regulate these workers. The Committee requests the Government to keep it informed on measures to protect casual workers, household servants and agricultural workers from discrimination in treatment and promote equality of opportunity in occupation and employment, as required by the provisions of the Convention.

2.  Non-discrimination on the basis of sex.  The Committee notes that women’s participation rates in the economically active labour force remain low at approximately 17 per cent. It further notes the Government’s statement that this rate is significantly lower than the participation rate of men (74 per cent) and can be attributable to a number of factors including social custom and traditions, low educational levels, and early marriages. The Committee also recalls its previous comment regarding the large number of girls aged ten to 14 in the labour force. In this regard, it notes the various initiatives undertaken by the General Administration for the Promotion of Working Women to increase and encourage the participation of women in the labour market, including symposia and skills training courses. The Committee also notes that the General Administration has had a number of meetings to formulate a national strategy on women’s work in cooperation with the ILO, UNDP and UNIFEM. It asks the Government to provide further information on the activities of the General Administration to strengthen and facilitate the entry of women into the labour market, including on the kinds of vocational training courses offered, the number of women who have participated in these courses, and how many have been gainfully employed as a result. The Committee also requests the Government to provide information on awareness-raising activities aimed at securing the acceptance and observance of a non-discrimination policy.

3.  Regarding maternity leave, the Committee notes the Ministry of Labour has submitted a proposal for an amendment to section 45(1) of the Labour Code to extend the statutory leave period from the current 60 days to ten weeks.

4.  The Committee notes that the General Administration for Labour Inspection of the Ministry of Labour is responsible for monitoring the extent to which the relevant labour laws are applied. It asks for more detailed information on the activities of the labour inspectorate taken to achieve equality of opportunity and treatment without discrimination on the basis of sex, including any reports, surveys and statistical data disaggregated as to gender.

5.  Non-discrimination on the basis of political opinion, social origin and national extraction.  The Committee notes the Government’s clarification that section 5 of the Labour Code implicitly prohibits discrimination on the basis of political opinion, social origin and national extraction. It also takes note of the guarantees provided under section 41 of the national Constitution, but notes that the Government’s report does not contain any further information indicating the laws and regulations which provide the enabling framework to implement the relevant constitutional provisions. Therefore, in the absence of an express prohibition on discrimination in employment and occupation on the basis of political opinion, national extraction or social origin, the Committee must once again reiterate its request for further information on any legislative and other measures taken or contemplated to expressly prohibit discrimination on the basis of all the criteria contained in Article 1, paragraph 1(a), of the Convention.