Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Scope of application. For a number of years, the Committee has been drawing the Government’s attention to the categories of workers excluded from the scope of the Labour Code, such as domestic workers, casual workers and persons employed in agriculture and pastoral work. With reference to its observation and recalling that the revision of the Labour Code is under way, the Committee requests the Government to seize this opportunity to introduce the necessary provisions in the future Labour Code or in any other specific legislation to ensure that all categories of workers, including domestic workers, casual workers and agricultural workers, are protected against discrimination in employment and occupation.

Discrimination based on sex. Sexual harassment. The Committee notes the Government’s statement in its report that there is no legislation prohibiting sexual harassment because it is a phenomenon that does not exist in Yemen. The Government also indicates that the Ministry of Interior provided information regarding sexual violence, including rape, which is punished under criminal law but that the Ministry did not refer to sexual harassment at work. In this respect, the Committee would like to recall that criminal law and proceedings would not be generally sufficient to cover the full range of behaviour that constitute sexual harassment in employment and occupation and to enable the victims to effectively obtain redress. The Committee requests the Government to take the opportunity afforded by the revision of the Labour Code, to include provisions that expressly and clearly define and prohibit both quid pro quo and hostile work environment sexual harassment. The Committee also requests the Government to take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment at the workplace, including through awareness raising.

Article 2. Promoting gender equality. The Committee recalls that the strategic objectives of the National Strategy for Women (NSW) included: (i) equal access, for men and women, to education at all education levels and reduction of illiteracy among girls and women by half; and (ii) increasing women’s participation quantitatively and qualitatively in all decision-making positions. The Government indicates in its report that 48 per cent of the gender-based projects submitted by the National Committee on Women have been integrated in a number of ministries. It also indicates that during the National Dialogue Conference, which took place between March 2013 and January 2014, one of the main points was to ensure that the future Federal Constitution includes the observance of the principle of equality between men and women by all the institutions of the State, through the enactment of laws and the adoption of measures, such as measures to raise to 30 per cent the minimum female participation rate in leading posts, production entities and the civil service. The Committee notes from the statistical information provided by the Government and the data published by the Central Statistical Organization that the gender differences with respect to access to vocational training remain significant. The Committee also notes from the Government’s report, that it encountered technical and financial difficulties with respect to the implementation of women’s rights. The Committee requests the Government to provide information on any practical measures taken or envisaged to promote and ensure equality of opportunity and treatment for women, whether in the framework of the National Strategy for Women or otherwise, in all aspects of employment and occupation, including measures intended to combat sexist stereotypes and prejudices. Please also provide information on any measures taken to increase the participation of women in education and vocational training with a view to overcoming inequalities in practice that affect women and to increasing their opportunities of gaining access to quality jobs, and to employment through proactive measures.

Enforcement. The Committee notes the Government’s statement that national legislation does not discriminate between men and women and that neither the inspection committees nor the labour dispute departments have received complaints or found any cases of gender-based discrimination. Recalling that the lack of complaints is not an indication that there is no discrimination in practice, the Committee once again asks the Government to provide information on the activities carried out by the labour inspection services in relation to discrimination, including discrimination based on sex, and the results thereof.