Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Yemen (Ratification: 2000)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that social dialogue, which had ceased in Yemen due to the political crisis and ongoing conflict, has now resumed. The Government adds that, in April 2018, the tripartite constituents participated in the 45th session of the Arab Labour Conference in Cairo, Egypt, after a hiatus of more than two years due to the war and ensuing disruption to tripartite dialogue. The Government indicates that, as part of its efforts to reactivate tripartite dialogue, it is planning to convene a tripartite meeting on labour-related issues and challenges facing the labour market due to the conflict. In this respect, the Committee recalls that, while it welcomes the reactivation of tripartite dialogue on labour issues at the national level, and effective tripartite consultation in relation to international labour standards supports tripartite cooperation in the country, the Convention expressly requires effective tripartite consultations with regard to the matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention. The Committee further notes the Government’s request for ILO technical assistance in developing training programmes to promote tripartite dialogue in Yemen. The Committee requests the Government to provide information on the status of the draft legislation and to provide a copy once it is adopted. The Committee hopes that, despite the current situation, the Government will continue to take steps to encourage tripartite dialogue and to ensure effective tripartite consultations at regular intervals on the matters related to international labour standards as required under Article 5 of the Convention. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that social dialogue, which had ceased in Yemen due to the political crisis and ongoing conflict, has now resumed. The Government adds that, in April 2018, the tripartite constituents participated in the 45th session of the Arab Labour Conference in Cairo, Egypt, after a hiatus of more than two years due to the war and ensuing disruption to tripartite dialogue. The Government indicates that, as part of its efforts to reactivate tripartite dialogue, it is planning to convene a tripartite meeting on labour-related issues and challenges facing the labour market due to the conflict. In this respect, the Committee recalls that, while it welcomes the reactivation of tripartite dialogue on labour issues at the national level, and effective tripartite consultation in relation to international labour standards supports tripartite cooperation in the country, the Convention expressly requires effective tripartite consultations with regard to the matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention. The Committee further notes the Government’s request for ILO technical assistance in developing training programmes to promote tripartite dialogue in Yemen.The Committee requests the Government to provide information on the status of the draft legislation and to provide a copy once it is adopted. The Committee hopes that, despite the current situation, the Government will continue to take steps to encourage tripartite dialogue and to ensure effective tripartite consultations at regular intervals on the matters related to international labour standards as required under Article 5 of the Convention. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that social dialogue, which had ceased in Yemen due to the political crisis and ongoing conflict, has now resumed. The Government adds that, in April 2018, the tripartite constituents participated in the 45th session of the Arab Labour Conference in Cairo, Egypt, after a hiatus of more than two years due to the war and ensuing disruption to tripartite dialogue. The Government indicates that, as part of its efforts to reactivate tripartite dialogue, it is planning to convene a tripartite meeting on labour-related issues and challenges facing the labour market due to the conflict. In this respect, the Committee recalls that, while it welcomes the reactivation of tripartite dialogue on labour issues at the national level, and effective tripartite consultation in relation to international labour standards supports tripartite cooperation in the country, the Convention expressly requires effective tripartite consultations with regard to the matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention. The Committee further notes the Government’s request for ILO technical assistance in developing training programmes to promote tripartite dialogue in Yemen. The Committee requests the Government to provide information on the status of the draft legislation and to provide a copy once it is adopted. The Committee hopes that, despite the current situation, the Government will continue to take steps to encourage tripartite dialogue and to ensure effective tripartite consultations at regular intervals on the matters related to international labour standards as required under Article 5 of the Convention. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 5 of the Convention. Effective tripartite consultations. In reply to the previous comments, the Government indicates in its report received in September 2014 that consultations have continued with the social partners. It adds that consultations were held with the most representative employers’ and workers’ organizations: the General Federation of Chambers of Commerce and Industry and the General Federation of Trade Unions of Yemen. Moreover, the Government indicates that draft legislation was prepared which specifies that a social dialogue committee will be established to examine labour-related issues, including matters related to international labour standards. The Committee invites the Government to provide information on the content and outcome of the consultations held on the matters set out in Article 5(1) of the Convention. It also invites the Government to provide further information on any developments concerning the establishment of the social dialogue committee and on its activities.

Article 4. Administrative support and training. The Committee invites the Government to include information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention, and information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.

Article 6. Operation of the consultative procedures. The Committee invites the Government to indicate whether annual reports will be issued on the working of the procedures covered by the Convention. If no such annual reports will be issued, please provide information on the consultations that have taken place with the representative organizations on this question.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. In reply to the previous comments, the Government indicates in its report received in September 2014 that consultations have continued with the social partners. It adds that consultations were held with the most representative employers’ and workers’ organizations: the General Federation of Chambers of Commerce and Industry and the General Federation of Trade Unions of Yemen. Moreover, the Government indicates that draft legislation was prepared which specifies that a social dialogue committee will be established to examine labour-related issues, including matters related to international labour standards. The Committee invites the Government to provide information on the content and outcome of the consultations held on the matters set out in Article 5(1) of the Convention. It also invites the Government to provide further information on any developments concerning the establishment of the social dialogue committee and on its activities.

Article 4. Administrative support and training. The Committee invites the Government to include information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention, and information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.

Article 6. Operation of the consultative procedures. The Committee invites the Government to indicate whether annual reports will be issued on the working of the procedures covered by the Convention. If no such annual reports will be issued, please provide information on the consultations that have taken place with the representative organizations on this question.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in May 2012 in reply to its previous comments. The Government indicates that, in view of the failure to hold the meetings of the Labour Council, the Ministry prepared a draft new statute regulating the mandate and meetings of the Council in order to make it operational. The statute was promulgated after its discussion with the social partners and the Labour Council was re-established. The Committee invites the Government to include in its next report more detailed information on the consultations held on each of the matters relating to international labour standards listed in Article 5(1) of the Convention. Please also include information on the activities of the Labour Council and the nature of reports or recommendations made on the matters covered by the Convention.

Free choice of representatives and equal representation. The Government indicates that the most representative employers’ and workers’ organizations are represented on an equal footing within the Labour Council (Article 3(2)). The Committee again requests the Government to include in its report details on how the representatives of employers and workers participating in the consultations covered by the Convention were chosen by their representative organizations (Article 3(1)).

Administrative support and training. The Committee invites the Government to include updated information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention, and information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures (Article 4(1) and (2)).

Operation of the consultative procedures. The Committee notes the re establishment of the Labour Council. It invites the Government to indicate whether consultations were held on the functioning of the procedures covered by the Convention, and the outcome of such consultations (Article 6).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2008 direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2008, which contains information similar to the information provided in the report received in September 2006. The Committee notes that tripartite consultations were held to discuss the amendments to the Labour Code which pertain, inter alia, to the organization of the work and meetings of the Labour Council. Accordingly, the Labour Council has not been convened and will only be composed after the adoption of the new Labour Code. The Committee notes that Convention No. 185 was ratified in October 2008. The Committee again asks the Government to include in its next report substantive information on the consultations held on the items concerning ILO activities, as specified in Article 5(1) of the Convention. Please include information on the frequency of such consultations, and the nature of reports or recommendations made as a result thereof.

Article 3. Free choice of representatives and equal representation. The Committee requests the Government to include in its report details on how the representatives of workers and employers participating in the consultations covered by the Convention were selected.

Article 4(1) and (2). Administrative support and training. The Committee would appreciate receiving updated information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention and information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.

Article 6. Operation of the consultative procedures. The Committee also requests the Government to indicate in its next report whether consultations were held on the working of the procedures covered by the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2008, which contains information similar to the information provided in the report received in September 2006. The Committee notes that tripartite consultations were held to discuss the amendments to the Labour Code which pertain, inter alia, to the organization of the work and meetings of the Labour Council. Accordingly, the Labour Council has not been convened and will only be composed after the adoption of the new Labour Code. The Committee notes that Convention No. 185 was ratified in October 2008. The Committee again asks the Government to include in its next report substantive information on the consultations held on the items concerning ILO activities, as specified in Article 5(1) of the Convention. Please include information on the frequency of such consultations, and the nature of reports or recommendations made as a result thereof.

Article 3. Free choice of representatives and equal representation. The Committee requests the Government to include in its report details on how the representatives of workers and employers participating in the consultations covered by the Convention were selected (Article 3).

Article 4, (1) and (2). Administrative support and training. The Committee would appreciate receiving updated information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention and information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures (Article 4(1) and (2)).

Article 6. Operation of the consultative procedures. The Committee also requests the Government to indicate in its next report whether consultations were held on the working of the procedures covered by the Convention (Article 6).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2008, which contains information similar to the information provided in the report received in September 2006. The Committee notes that tripartite consultations were held to discuss the amendments to the Labour Code which pertain, inter alia, to the organization of the work and meetings of the Labour Council. Accordingly, the Labour Council has not been convened and will only be composed after the adoption of the new Labour Code. The Committee notes that Convention No. 185 was ratified in October 2008. The Committee again asks the Government to include in its next report substantive information on the consultations held on the items concerning ILO activities, as specified in Article 5, paragraph 1, of the Convention. Please include information on the frequency of such consultations, and the nature of reports or recommendations made as a result thereof.

2. Free choice of representatives and equal representation. The Committee requests the Government to include in its report details on how the representatives of workers and employers participating in the consultations covered by the Convention were selected (Article 3).

3. Administrative support and training. The Committee would appreciate receiving updated information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention and information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures (Article 4, paragraphs 1 and 2).

4. Operation of the consultative procedures. The Committee also requests the Government to indicate in its next report whether consultations were held on the working of the procedures covered by the Convention (Article 6).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Tripartite consultations required by the Convention. The Committee notes the Government’s reports received in October 2005 and September 2006. In reply to the Committee’s 2003 direct request, the Government indicates that, in view of the lack of meetings convened by the Labour Council, the Ministry of Social Affairs and Labour prepared a new draft Bill for the organization of its work. The Bill was submitted to the Minister of Social Affairs and Labour for approval and to the Council of Ministers for information and promulgation. The Government further indicates that consultations were held to discuss proposed amendments to the Labour Code, which had been prepared by an ILO expert, but the work was not carried through, as meetings of the Labour Council were not held. The Committee notes again that the Government has not provided the information requested on the consultations held on the matters covered by the Convention. It asks the Government to provide substantive information in its next report on the consultations held on all the items covered by the Convention, as specified in Article 5, paragraph 1, of the Convention, including information on the nature of any reports or recommendations made as a result of the consultations. Please also include information on the frequency of such consultations.

2. Free choice of representatives and equal representation. In reply to the Committee’s previous direct request, the Government indicates that the General Federation of Chambers of Industry and Commerce represents the employers’ organizations of the country, while the General Federation of Yemeni Workers’ Trade Unions is the most representative workers’ organization. The Government indicates that these two organizations are represented on an equal footing in a number of consultative bodies, including the Labour Council. While taking due note of this information, the Committee recalls that the principle of free choice is respected if the organizations themselves appoint their representatives directly (paragraph 44 of the 2000 General Survey on tripartite consultation). It further recalls that the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse. The Committee therefore hopes that the Government’s next report will contain more detailed information on how the representatives of workers and employers are chosen for the procedures provided for in the Convention (Article 3).

3. Administrative support and training. The Committee previously noted that administrative support was provided through consultations and meetings. It would appreciate receiving updated information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention and information on the arrangements made or envisaged for the financing of any necessary training of participants on the consultative procedures (Article 4, paragraphs 1 and 2).

4. Operation of the consultative procedures. The Government indicates that, in spite of the meetings which were held with the social partners, it was not possible to prepare a report. It further states that there are minutes of the meetings and encounters held with the social partners. The Committee invites the Government to supply, with its next report, copies or extracts of the minutes of the meetings held with the social partners in as much as they refer to issues concerning ILO activities listed in the Convention. It hopes that the Government will also be in a position to indicate, in its next report, whether consultations were held on the working of the procedures covered by the Convention (Article 6).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2003 direct request, which read as follows:

1. Article 2 of the Convention. The Committee notes that consultation in respect of the formulation of programmes and policies and the participation of the social partners, takes place in various councils, but that consultations on the matters covered by the Convention required by Article 5, paragraph 1, of the Convention are not expressly mentioned in the Government’s report. Therefore, it asks the Government to describe in its next report the procedures that ensure effective consultations with respect to the matters covered by the Convention. Please also describe the manner in which the procedures were determined and indicate any consultations which took place with the representative organizations for this purpose.

2. Article 3. Please describe the manner in which the representatives for the purposes of the Convention are chosen and the measures taken that ensure their representation on an equal footing on any bodies through which consultations covered by this Convention are undertaken.

3. Article 4. The Committee notes that the administrative support is provided through consultations and meetings. It would appreciate receiving further details on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention (paragraph 1) and information on the arrangements made or envisaged for the financing of any necessary training of participants on the consultative procedures (paragraph 2).

4. Article 5. The Committee notes that consultations were held to discuss draft legislation. It asks the Government to provide detailed information in its next report on the consultations held during the reporting period on each of the subjects listed in paragraph 1 of Article 5, and indicate any reports or recommendations made as a result of the consultations. Please also include information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.

5. Article 6. The Committee notes that the Government has not indicated whether a report on consultations has been prepared. It asks the Government to specify in its next report whether consultations have been held with the representative organizations on the working of the procedures provided for in the Convention and, if so, to give particulars of any decisions adopted, and to supply copies of any reports issued as a result.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report on the application of the Convention received, in November 2002.

1. Article 2 of the Convention. The Committee notes that consultation in respect of the formulation of programmes and policies and the participation of the social partners, takes place in various councils, but that consultations on the matters covered by the Convention required by Article 5, paragraph 1, of the Convention are not expressly mentioned in the Government’s report. Therefore, it asks the Government to describe in its next report the procedures that ensure effective consultations with respect to the matters covered by the Convention. Please also describe the manner in which the procedures were determined and indicate any consultations which took place with the representative organizations for this purpose.

2. Article 3. Please describe the manner in which the representatives for the purposes of the Convention are chosen and the measures taken that ensure their representation on an equal footing on any bodies through which consultations covered by this Convention are undertaken.

3. Article 4. The Committee notes that the administrative support is provided through consultations and meetings. It would appreciate receiving further details on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention (paragraph 1) and information on the arrangements made or envisaged for the financing of any necessary training of participants on the consultative procedures (paragraph 2).

4. Article 5. The Committee notes that consultations were held to discuss draft legislation. It asks the Government to provide detailed information in its next report on the consultations held during the reporting period on each of the subjects listed in paragraph 1 of Article 5, and indicate any reports or recommendations made as a result of the consultations. Please also include information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.

5. Article 6. The Committee notes that the Government has not indicated whether a report on consultations has been prepared. It asks the Government to specify in its next report whether consultations have been held with the representative organizations on the working of the procedures provided for in the Convention and, if so, to give particulars of any decisions adopted, and to supply copies of any reports issued as a result.