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

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

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Article 1 of the Convention. Legislation. Grounds and definition of discrimination. Noting the Government’s indication in its report that the current draft Labour Code does not explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, and noting that the Government does not provide information on the protection from discrimination of certain categories of workers, as requested previously, the Committee urges the Government to take the necessary steps to include an explicit prohibition of direct and indirect discrimination on all of the grounds set out in the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation. Recalling that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, the Committee also asks the Government 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. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to take the necessary steps to explicitly prohibit both quid pro and hostile environment within the law. The Committee also asks that the Government take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment at the workplace, including through awareness-raising activities.

Article 2. National equality policy. The Government’s report is silent on this point. The Committee wishes to recall that the primary obligation of States under the Convention is to adopt and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to effectively eliminating discrimination on all of the grounds enumerated in the Convention and across all aspects of employment. The implementation of such a policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732). The Committee asks the Government once again to take steps to develop and implement a national equality policy to address discrimination and to promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures adopted in this respect.

Promoting gender equality. The Committee previously asked the Government to provide information on the concrete measures taken within the framework of the National Strategy for Women 2010–12 to promote and ensure equality of opportunity and treatment in all aspects of employment and occupation for women. The Committee notes the Government’s general indication that several steps were taken to reduce discrimination against women by the undertaking of reforms to a range of existing laws, on labour issues but also on social security, nationality and in relation to diplomatic issues, either by making amendments or by introducing provisions that guarantee women’s rights in the public, private and family social spheres. The Committee asks the Government once again to provide concrete information on the measures taken or envisaged to promote in practice equality of opportunity and treatment in employment and occupation between men and women, in particular measures taken to: (i) combat sexist stereotypes and prejudices regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society; (ii) increase the participation of women in education and vocational training to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented; (iii) promote women’s self-employment by addressing skills gaps and employability; and (iv) promote a work–family balance for all employees.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously the Committee noted that the lack of complaints is not an indication that there is no discrimination in practice and requested 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. The Committee notes the Government’s indication that, according to the inspection reports, no violations related to gender discrimination have been registered yet. The Committee asks the Government to indicate the steps taken to strengthen the labour inspection service’s capacity to identify and address cases of discrimination, including awareness raising activities. The Committee also asks the Government to provide information on any cases of discrimination dealt with by the labour inspection services or the courts, indicating the sanctions imposed and remedies provided.

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

The Committee notes with concern 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

The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Article 1 of the Convention. Legislation. Grounds and definition of discrimination. Noting the Government’s indication in its report that the current draft Labour Code does not explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, and noting that the Government does not provide information on the protection from discrimination of certain categories of workers, as requested previously, the Committee urges the Government to take the necessary steps to include an explicit prohibition of direct and indirect discrimination on all of the grounds set out in the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation. Recalling that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, the Committee also asks the Government 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. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to take the necessary steps to explicitly prohibit both quid pro and hostile environment within the law. The Committee also asks that the Government take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment at the workplace, including through awareness-raising activities.

Article 2. National equality policy. The Government’s report is silent on this point. The Committee wishes to recall that the primary obligation of States under the Convention is to adopt and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to effectively eliminating discrimination on all of the grounds enumerated in the Convention and across all aspects of employment. The implementation of such a policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732).The Committee asks the Government once again to take steps to develop and implement a national equality policy to address discrimination and to promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures adopted in this respect.

Promoting gender equality. The Committee previously asked the Government to provide information on the concrete measures taken within the framework of the National Strategy for Women 2010–2012 to promote and ensure equality of opportunity and treatment in all aspects of employment and occupation for women. The Committee notes the Government’s general indication that several steps were taken to reduce discrimination against women by the undertaking of reforms to a range of existing laws, on labour issues but also on social security, nationality and in relation to diplomatic issues, either by making amendments or by introducing provisions that guarantee women’s rights in the public, private and family social spheres. TheCommittee asks the Government once again to provide concrete information on the measures taken or envisaged to promote in practice equality of opportunity and treatment in employment and occupation between men and women, in particular measures taken to: (i) combat sexist stereotypes and prejudices regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society; (ii) increase the participation of women in education and vocational training to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented; (iii) promote women’s self-employment by addressing skills gaps and employability; and (iv) promote a work–family balance for all employees.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously the Committee noted that the lack of complaints is not an indication that there is no discrimination in practice and requested 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. The Committee notes the Government’s indication that, according to the inspection reports, no violations related to gender discrimination have been registered yet.The Committee asks the Government to indicate the steps taken to strengthen the labour inspection service’s capacity to identify and address cases of discrimination, including awareness raising activities. The Committee also asks the Government to provide information on any cases of discrimination dealt with by the labour inspection services or the courts, indicating the sanctions imposed and remedies provided.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Article 1 of the Convention. Legislation. Grounds and definition of discrimination. Noting the Government’s indication in its report that the current draft Labour Code does not explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, and noting that the Government does not provide information on the protection from discrimination of certain categories of workers, as requested previously, the Committee urges the Government to take the necessary steps to include an explicit prohibition of direct and indirect discrimination on all of the grounds set out in the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation. Recalling that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, the Committee also asks the Government 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. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to take the necessary steps to explicitly prohibit both quid pro and hostile environment within the law. The Committee also asks that the Government take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment at the workplace, including through awareness-raising activities.

Article 2. National equality policy. The Government’s report is silent on this point. The Committee wishes to recall that the primary obligation of States under the Convention is to adopt and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to effectively eliminating discrimination on all of the grounds enumerated in the Convention and across all aspects of employment. The implementation of such a policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732). The Committee asks the Government once again to take steps to develop and implement a national equality policy to address discrimination and to promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures adopted in this respect.

Promoting gender equality. The Committee previously asked the Government to provide information on the concrete measures taken within the framework of the National Strategy for Women 2010–2012 to promote and ensure equality of opportunity and treatment in all aspects of employment and occupation for women. The Committee notes the Government’s general indication that several steps were taken to reduce discrimination against women by the undertaking of reforms to a range of existing laws, on labour issues but also on social security, nationality and in relation to diplomatic issues, either by making amendments or by introducing provisions that guarantee women’s rights in the public, private and family social spheres. The Committee asks the Government once again to provide concrete information on the measures taken or envisaged to promote in practice equality of opportunity and treatment in employment and occupation between men and women, in particular measures taken to: (i) combat sexist stereotypes and prejudices regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society; (ii) increase the participation of women in education and vocational training to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented; (iii) promote women’s self employment by addressing skills gaps and employability; and (iv) promote a work–family balance for all employees.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously the Committee noted that the lack of complaints is not an indication that there is no discrimination in practice and requested 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. The Committee notes the Government’s indication that, according to the inspection reports, no violations related to gender discrimination have been registered yet. The Committee asks the Government to indicate the steps taken to strengthen the labour inspection service’s capacity to identify and address cases of discrimination, including awareness raising activities. The Committee also asks the Government to provide information on any cases of discrimination dealt with by the labour inspection services or the courts, indicating the sanctions imposed and remedies provided.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Article 1 of the Convention. Legislation. Grounds and definition of discrimination. Noting the Government’s indication in its report that the current draft Labour Code does not explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, and noting that the Government does not provide information on the protection from discrimination of certain categories of workers, as requested previously, the Committee urges the Government to take the necessary steps to include an explicit prohibition of direct and indirect discrimination on all of the grounds set out in the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation. Recalling that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, the Committee also asks the Government 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. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to take the necessary steps to explicitly prohibit both quid pro and hostile environment within the law. The Committee also asks that the Government take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment at the workplace, including through awareness-raising activities.

Article 2. National equality policy. The Government’s report is silent on this point. The Committee wishes to recall that the primary obligation of States under the Convention is to adopt and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to effectively eliminating discrimination on all of the grounds enumerated in the Convention and across all aspects of employment. The implementation of such a policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732). The Committee asks the Government once again to take steps to develop and implement a national equality policy to address discrimination and to promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures adopted in this respect.

Promoting gender equality. The Committee previously asked the Government to provide information on the concrete measures taken within the framework of the National Strategy for Women 2010–2012 to promote and ensure equality of opportunity and treatment in all aspects of employment and occupation for women. The Committee notes the Government’s general indication that several steps were taken to reduce discrimination against women by the undertaking of reforms to a range of existing laws, on labour issues but also on social security, nationality and in relation to diplomatic issues, either by making amendments or by introducing provisions that guarantee women’s rights in the public, private and family social spheres. The Committee asks the Government once again to provide concrete information on the measures taken or envisaged to promote in practice equality of opportunity and treatment in employment and occupation between men and women, in particular measures taken to: (i) combat sexist stereotypes and prejudices regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society; (ii) increase the participation of women in education and vocational training to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented; (iii) promote women’s self employment by addressing skills gaps and employability; and (iv) promote a work–family balance for all employees.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously the Committee noted that the lack of complaints is not an indication that there is no discrimination in practice and requested 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. The Committee notes the Government’s indication that, according to the inspection reports, no violations related to gender discrimination have been registered yet. The Committee asks the Government to indicate the steps taken to strengthen the labour inspection service’s capacity to identify and address cases of discrimination, including awareness raising activities. The Committee also asks the Government to provide information on any cases of discrimination dealt with by the labour inspection services or the courts, indicating the sanctions imposed and remedies provided.

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 2015. The Committee also notes that the Government had 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 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.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015. The Committee also notes that the Government had 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 3(a) of the Convention. Legislation. The Committee recalls that article 5 of the Labour Code provides for the right and the duty to work without discrimination on the grounds of sex, age, race, colour, creed or language. It further recalls that it has been stressing for many years the importance of declaring and pursuing a national equality policy covering all the grounds enumerated in the Convention. The Committee notes that the Government is currently revising the Labour Code. The Committee accordingly requests the Government to take the opportunity of the current revision of the Labour Code to explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation and all workers.

Article 2. National equality policy. The Committee recalls that, with a view to achieving the elimination of discrimination in employment and occupation, States are required to develop and implement a multifaceted national equality policy. The implementation of the policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732). The Committee asks the Government to take steps to develop and implement a national equality policy to address discrimination and promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures taken in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

Article 3(a) of the Convention. Legislation. The Committee recalls that article 5 of the Labour Code provides for the right and the duty to work without discrimination on the grounds of sex, age, race, colour, creed or language. It further recalls that it has been stressing for many years the importance of declaring and pursuing a national equality policy covering all the grounds enumerated in the Convention. The Committee notes that the Government is currently revising the Labour Code. The Committee accordingly requests the Government to take the opportunity of the current revision of the Labour Code to explicitly prohibit direct and indirect discrimination based on at least all of the grounds of the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation and all workers.

Article 2. National Equality Policy. The Committee recalls that, with a view to achieving the elimination of discrimination in employment and occupation, States are required to develop and implement a multifaceted national equality policy. The implementation of the policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 732). The Committee asks the Government to take steps to develop and implement a national equality policy to address discrimination and promote equality in the public and private sectors, at least with respect to race, colour, sex, religion, political opinion, national extraction and social origin. The Government is asked to provide information on any measures taken in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. Scope of application. The Committee recalls that section 3(2) of the Labour Code No. 5 of 1995 excludes a range of workers from its application, including domestic workers, casual workers and certain agricultural workers. According to the Government, 80 per cent of agricultural workers are excluded from the Labour Code due to section 3. The Committee notes the Government’s indication that draft amendments to the Labour Code provide that the Code shall not apply to domestic workers and similar workers except with respect to holidays, minimum wage, dismissal, and rights related to end of service. The Government also indicates that the draft amendments are to be submitted to the legislative authority for adoption. Recalling that the Government has been indicating for a number of years that the process of amending the Labour Code was under way, the Committee asks the Government to ensure that all workers, including domestic workers, agricultural workers and casual workers, currently excluded from the scope of the Labour Code are protected against direct and indirect discrimination based on at least all the grounds set out in the Convention, in all aspects of employment and occupation. The Committee hopes that progress will be made in the near future and asks the Government to provide specific information in this regard. The Committee again asks the Government to indicate any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination, and that self-employed agricultural workers and casual workers enjoy protection in practice against discrimination with respect to land, credit and access to goods and services necessary to carry out their occupation.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government’s report once again does not contain any information on measures taken or envisaged to prohibit and prevent sexual harassment. The Committee recalls that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, taking effective measures to prevent and prohibit sexual harassment at work is important (General Survey on fundamental Conventions, 2012, para 789). The Committee therefore urges the Government to take measures to prohibit and prevent sexual harassment in employment and occupation, and to provide information on concrete steps taken in this regard.

Article 2. Equal access of women to employment and particular occupations. The Committee notes the Government’s acknowledgement that women’s participation in technical and vocational training is still low, and notes the statistical information provided by the Government concerning the rate of women working in certain industries or sectors as follows: 4.1 per cent in technical and industrial institutes, 50 per cent in agricultural and veterinary institutes, 32.4 per cent at health institutes and 6.8 per cent in vocational and industrial training centres. The Committee also notes the statistical information of the Central Statistical Organization concerning the number of men and women who have enrolled in vocational institutes from 2008 to 2009, and notes that the gender differences with respect to access to vocational training remain significant. With regard to existing stereotypes regarding the role of women, the Committee notes that the interim objectives for the period of 2006–10 under the National Strategy for Women include changing the stereotypical image of women in media and addressing challenges of women in economic, political, social and cultural advancement. The Committee recalls that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market. Providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee asks the Government to provide information as follows:

• (i)the type of vocational courses and new specializations offered to women, and their participation in these courses as compared to men;
• (ii)the measures taken to increase women’s participation in the various posts of the sectors in which women’s participation is particularly low, including technical and industrial institutes and vocational and industrial training centres; and
• (iii)the impact of the awareness-raising programmes to change the stereotypical image of women under the National Strategy for Women, as well as other measures taken to overcome existing stereotypes regarding the role of women which have a negative impact on women’s opportunities in employment, education and skills development.

National strategy on gender equality. The Committee notes that in April 2010, the Council of Ministers decided to include a National Strategy for Women in the fourth Five-Year Plan for Development (2011–15), and to allocate the necessary resources for the implementation of the programmes and projects under this strategy. The strategic objectives of the National Strategy for Women include: (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 Committee asks the Government to provide information on the results achieved for each of the objectives of the National Strategy for Women, including with respect to equal access for men and women to education and increasing women’s participation in all decision-making positions.

Enforcement. The Committee recalls that the ILO project on promoting decent work and gender equality in Yemen included training of male and female officials of the Labour Inspection Directorate to conduct more gender-responsive labour inspections, and activities with the Labour Dispute Directorate. The Committee notes the Government’s general indication that the Labour Inspection Directorate and the departments at the Ministry’s offices follow-up on equal opportunity and treatment without any discrimination on the basis of sex. The Committee asks the Government to provide information on cases concerning sex discrimination handled by the Labour Inspection Directorate and the Labour Dispute Directorate. Recalling that the Convention also covers discrimination on the grounds of race, colour, national extraction, religion, political opinion and social origin, the Committee asks the Government to provide information on any cases dealt with by the Ministry of Social Affairs and Labour, or the courts related to these grounds.

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

National policy on equality of opportunity with respect to political opinion, national extraction and social origin. The Committee notes that no information has been provided by the Government with respect to the measures taken or envisaged to ensure that no discrimination on the basis of political opinion, national extraction and social origin occurs in employment and occupation. The Committee recalls that the primary obligation of States that have ratified this Convention is to declare and pursue a national equality policy, and that the State cannot remain passive and implementation is measured by the effectiveness of the national policy and the results achieved (General Survey on fundamental Conventions, 2012, paragraph 734). The Committee therefore asks the Government to provide information on the measures taken to adopt and implement a national policy with respect to all the grounds set out in the Convention. The Committee also asks the Government to take immediate steps to collect and provide detailed information on all the measures taken or envisaged to ensure that no discrimination on the basis of political opinion, national extraction and social origin occurs in employment and occupation in accordance with Articles 2 and 3 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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 previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Scope of application (domestic workers, agricultural workers and casual workers). The Committee recalls that casual workers and 80 per cent of the agricultural workers – those who are self-employed – are excluded from the application of the Labour Code. The Committee also recalls that section 3(4) of the draft amendment to the Labour Code specifies that the Code does not apply to domestic workers with respect to holidays, minimum wage, dismissal, and rights related to end of service. The Committee notes the Government’s indication that the situation of domestic workers is still being discussed. It notes that it is envisaged that either the draft law will specify the promulgation of an order laying down rights and obligations of employers and domestic workers, or that specific legal texts on domestic workers will be issued. The Committee hopes that the legislative texts with respect to domestic workers will soon be adopted and drafted in accordance with the provisions of the Convention. It asks the Government to indicate any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination with respect to all aspects of employment. Please also indicate how it is ensured that self-employed agricultural workers and casual workers enjoy protection against discrimination as regards access to land, credit, and various goods and services necessary to carry out their occupation.

Discrimination based on sex. Sexual harassment. The Committee reiterates its request to the Government to provide information on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation, taking into account its general observation of 2002 on the subject.

Article 2. Equal access of women to employment and particular occupations. The Committee recalls the significant gender differences with respect to access to employment in the public and private sectors and to vocational training, and in particular the fact that 87.7 per cent of the female workforce is employed in agriculture, hunting and forestry, and only 6.3 per cent in the government sector. The Committee notes that the Government, with the assistance of the ILO, is carrying out awareness-raising activities on working women’s rights, and that the Government is promoting job opportunities for rural women through the support of small enterprises and assistance of the Social Welfare Fund. The Government also indicates that women are being trained in new specializations in order to enable women to enter occupations available on the labour market. The Committee asks the Government to provide information as follows:

• (i) the results achieved through the small enterprise development activities to improve the economic and employment status of rural women;
• (ii) the type of vocational courses and new specializations offered to women, and their participation in these courses as compared to men;
• (iii) the measures taken to increase women’s participation in the various posts of the government sector; and
• (iv) the measures taken to overcome existing stereotypes regarding the role of women which have a negative impact on women’s opportunities in employment, education and skills development.

National strategy on gender equality. The Committee asks the Government to provide information on the results achieved for each of the objectives of the National Strategy on Women’s Employment, including with respect to improving the capacity of the Ministry of Social Affairs and Labour and the social partners to promote gender equality and address sex discrimination in the labour market.

Enforcement. The Committee notes the Government’s indication that the labour inspection reports confirm that there is no discrimination against women in the workplace. The Committee also notes that the ILO project on promoting decent work and gender equality in Yemen includes training of male and female officials of the Labour Inspection Directorate to conduct more gender-responsive labour inspections, and activities with the Labour Dispute Directorate to facilitate cases brought by women workers to the Judicial Committee. The Committee hopes that these activities will contribute to a more effective enforcement of the national legislation applying the Convention, and asks the Government to continue to provide information on cases concerning sex discrimination handled by the Labour Inspection Directorate and the Labour Dispute Directorate. Recalling that the Convention also covers discrimination on the grounds of race, colour, national extraction, religion, political opinion and social origin, the Committee asks the Government to provide information on any cases dealt with by the Ministry of Social Affairs and Labour, or the courts related to these grounds.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

National policy on equality of opportunity with respect to political opinion, national extraction and social origin. The Committee regrets to note the Government’s failure to reply to the Committee’s repeated requests for information on the measures taken to adopt and implement a national policy with respect to all the grounds set out in the Convention. The Committee urges the Government to take immediate steps to collect and provide detailed information on all the measures taken or envisaged to ensure that no discrimination on the basis of political opinion, national extraction and social origin occurs in employment and occupation in accordance with Articles 2 and 3 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret 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:

Article 1 of the Convention. Scope of application (domestic workers, agricultural workers and casual workers). The Committee recalls that casual workers and 80 per cent of the agricultural workers – those who are self-employed – are excluded from the application of the Labour Code. The Committee also recalls that section 3(4) of the draft amendment to the Labour Code specifies that the Code does not apply to domestic workers with respect to holidays, minimum wage, dismissal, and rights related to end of service. The Committee notes the Government’s indication that the situation of domestic workers is still being discussed. It notes that it is envisaged that either the draft law will specify the promulgation of an order laying down rights and obligations of employers and domestic workers, or that specific legal texts on domestic workers will be issued. The Committee hopes that the legislative texts with respect to domestic workers will soon be adopted and drafted in accordance with the provisions of the Convention. It asks the Government to indicate any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination with respect to all aspects of employment. Please also indicate how it is ensured that self-employed agricultural workers and casual workers enjoy protection against discrimination as regards access to land, credit, and various goods and services necessary to carry out their occupation.

Discrimination based on sex. Sexual harassment. The Committee reiterates its request to the Government to provide information on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation, taking into account its general observation of 2002 on the subject.

Article 2. Equal access of women to employment and particular occupations. The Committee recalls the significant gender differences with respect to access to employment in the public and private sectors and to vocational training, and in particular the fact that 87.7 per cent of the female workforce is employed in agriculture, hunting and forestry, and only 6.3 per cent in the government sector. The Committee notes that the Government, with the assistance of the ILO, is carrying out awareness-raising activities on working women’s rights, and that the Government is promoting job opportunities for rural women through the support of small enterprises and assistance of the Social Welfare Fund. The Government also indicates that women are being trained in new specializations in order to enable women to enter occupations available on the labour market. The Committee asks the Government to provide information as follows:

(i)    the results achieved through the small enterprise development activities to improve the economic and employment status of rural women;

(ii)   the type of vocational courses and new specializations offered to women, and their participation in these courses as compared to men;

(iii)  the measures taken to increase women’s participation in the various posts of the government sector; and

(iv)   the measures taken to overcome existing stereotypes regarding the role of women which have a negative impact on women’s opportunities in employment, education and skills development.

National strategy on gender equality.  The Committee asks the Government to provide information on the results achieved for each of the objectives of the National Strategy on Women’s Employment, including with respect to improving the capacity of the Ministry of Social Affairs and Labour and the social partners to promote gender equality and address sex discrimination in the labour market.

Enforcement. The Committee notes the Government’s indication that the labour inspection reports confirm that there is no discrimination against women in the workplace. The Committee also notes that the ILO project on promoting decent work and gender equality in Yemen, includes training of male and female officials of the Labour Inspection Directorate to conduct more gender-responsive labour inspections, and activities with the Labour Dispute Directorate to facilitate cases brought by women workers to the Judicial Committee. The Committee hopes that these activities will contribute to a more effective enforcement of the national legislation applying the Convention, and asks the Government to continue to provide information on cases concerning sex discrimination handled by the Labour Inspection Directorate and the Labour Dispute Directorate. Recalling that the Convention also covers discrimination on the grounds of race, colour, national extraction, religion, political opinion and social origin, the Committee asks the Government to provide information on any cases dealt with by the Ministry of Social Affairs and Labour, or the courts related to these grounds.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

National policy on equality of opportunity with respect to political opinion, national extraction and social origin. The Committee regrets to note the Government’s failure to reply to the Committee’s repeated requests for information on the measures taken to adopt and implement a national policy with respect to all the grounds set out in the Convention. The Committee urges the Government to take immediate steps to collect and provide detailed information on all the measures taken or envisaged to ensure that no discrimination on the basis of political opinion, national extraction and social origin occurs in employment and occupation in accordance with Articles 2 and 3 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Scope of application (domestic workers, agricultural workers and casual workers). The Committee recalls that casual workers and 80 per cent of the agricultural workers – those who are self-employed – are excluded from the application of the Labour Code. The Committee also recalls that section 3(4) of the draft amendment to the Labour Code specifies that the Code does not apply to domestic workers with respect to holidays, minimum wage, dismissal, and rights related to end of service. The Committee notes the Government’s indication that the situation of domestic workers is still being discussed. It notes that it is envisaged that either the draft law will specify the promulgation of an order laying down rights and obligations of employers and domestic workers or that specific legal texts on domestic workers will be issued. The Committee hopes that the legislative texts with respect to domestic workers will soon be adopted and drafted in accordance with the provisions of the Convention. It asks the Government to indicate any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination with respect to all aspects of employment. Please also indicate how it is ensured that self-employed agricultural workers and casual workers enjoy protection against discrimination as regards access to land, credit, and various goods and services necessary to carry out their occupation.

Discrimination based on sex. Sexual harassment. The Committee reiterates its request to the Government to provide information on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation, taking into account its general observation of 2002 on the subject.

Article 2. Equal access of women to employment and particular occupations. The Committee recalls the significant gender differences with respect to access to employment in the public and private sectors and to vocational training, and in particular the fact that 87.7 per cent of the female workforce is employed in agriculture, hunting and forestry, and only 6.3 per cent in the government sector. The Committee notes that the Government, with the assistance of the ILO, is carrying out awareness-raising activities on working women’s rights, and that the Government is promoting job opportunities for rural women through the support of small enterprises and assistance of the Social Welfare Fund. The Government also indicates that women are being trained in new specializations in order to enable women to enter occupations available on the labour market. The Committee asks the Government to provide information as follows:

(i)    the results achieved through the small enterprise development activities to improve the economic and employment status of rural women;

(ii)   the type of vocational courses and new specializations offered to women, and their participation in these courses as compared to men;

(iii) the measures taken to increase women’s participation in the various posts of the government sector; and

(iv)  the measures taken to overcome existing stereotypes regarding the role of women which have a negative impact on women’s opportunities in employment, education and skills development.

National strategy on gender equality. The Committee notes with interest that the National Strategy for Women’s Employment (2001–11) aims to increase women’s employment opportunities; enhance women’s competitiveness in the labour market; improve their terms and conditions of employment through legal coverage; and raise awareness about the importance of women’s work. The Committee notes that the ILO project on promoting decent work and gender equality in Yemen aims, among others, to assist in the implementation of these objectives, in cooperation with the National Women’s Committee. The Committee asks the Government to provide information on the results achieved for each of the objectives of the National Strategy on Gender Equality, including with respect to improving the capacity of the Ministry of Social Affairs and Labour and the social partners to promote gender equality and address sex discrimination in the labour market.

Enforcement. The Committee notes the Government’s indication that the labour inspection reports confirm that there is no discrimination against women in the workplace. The Committee also notes that the ILO project on promoting decent work and gender equality in Yemen, includes training of male and female officials of the Labour Inspection Directorate to conduct more gender-responsive labour inspections, and activities with the Labour Dispute Directorate to facilitate cases brought by women workers to the Judicial Committee. The Committee hopes that these activities will contribute to a more effective enforcement of the national legislation applying the Convention, and asks the Government to continue to provide information on cases concerning sex discrimination handled by the Labour Inspection Directorate and the Labour Dispute Directorate. Recalling that the Convention also covers discrimination on the grounds of race, colour, national extraction, religion, political opinion and social origin, the Committee asks the Government to provide information on any cases dealt with by the Ministry of Social Affairs and Labour, or the courts related to these grounds.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

National policy on equality of opportunity with respect to political opinion, national extraction and social origin. The Committee regrets to note the Government’s failure to reply to the Committee’s repeated requests for information on the measures taken to adopt and implement a national policy with respect to all the grounds set out in the Convention. The Committee urges the Government to take immediate steps to collect and provide detailed information on all the measures taken or envisaged to ensure that no discrimination on the basis of political opinion, national extraction and social origin occurs in employment and occupation in accordance with Articles 2 and 3 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Article 1 of the Convention. Scope of application. Household workers. With respect to its previous comments concerning section 3 of the Labour Code (Act No. 5 of 1995, as amended by No. 25 of 1997) excluding, among others, household workers from its application, the Committee notes the Government’s statement that section 3(4) of the draft amendment to the Labour Code specifies that the Code will not apply to household workers or workers of a similar category except with respect to their holidays, minimum wage, dismissal from work and rights relating to end of service, and that their work, rights and duties will be regulated by Ministerial Order. The Committee notes that the draft amendment will be submitted along with other draft legislation to the Labour Council. The Committee further notes the ILO Mapping study on domestic workers in Yemen (2006) which highlights that paid domestic work is a growing sector in Yemen involving an increasing number of women migrant workers. The Committee welcomes this initiative to examine the situation of domestic workers and requests the Government to provide information in its next report on any follow-up given to the recommendations set out in the ILO study. The Government is also requested to keep it informed of the abovementioned legislative developments and any regulations adopted to prevent discriminatory practices against both national as well as foreign domestic workers.

2. Agricultural workers and casual workers. The Committee notes from the Government’s report that section 3(10) of the Labour Code exempts agriculture workers except if they are members of agriculture societies or companies, if they repair or operate agricultural mechanical equipment, or if they are employed in poultry or cattle raising. The Government indicates that the remaining agricultural workers, who represent 80 per cent of the agricultural workers, are self-employed, or are employed by their families. The Committee recalls that the Convention also aims to promote equality of opportunity and treatment with respect to self‑employment. Noting from the Government’s report that 87.7 per cent of the total female workforce is employed in agriculture, hunting and forestry, the Committee requests the Government to indicate the protection enjoyed by self-employed agricultural workers enjoy against discrimination especially as regards access to land, credit or various goods and services necessary for carrying out their occupation.

3. Discrimination based on sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

4. Article 2. Equal access of women to employment and occupation. The Committee notes the statistics provided by the Government on women’s and men’s economic activity rates and their participation in technical and vocational training. The statistics indicate that in rural areas women’s participation rate is as low as 25.9 per cent while men’s is at 70.7 per cent; in urban areas, women’s participation rate is even lower with 11.5 per cent compared to 68 per cent for men. Furthermore, a high number of women work in the informal economy, especially in rural areas, and women’s economic activity remains focused on traditional sectors such as agriculture, hunting and forestry (87.7 per cent), as well as education (4.3 per cent) and manufacturing (2.6 per cent). Moreover, the latest data available (1999) indicate an extremely low number of women being employed in the government sector (6.3 per cent compared to 20.6 per cent for men). As to technical and vocational training, the Committee notes from the figures provided by the Government that women’s participation also remains very low. While appreciating the statistical information provided and the frank recognition by the Government of the significant gender differences with respect to employment and vocational training, the Committee notes that the Government’s report does not include any information on the specific measures taken to address these issues. Recalling the National Strategy on the Advancement of Women, a copy of which has still not been received, the Committee asks the Government to include in its next report detailed information on: (a) the measures taken to improve the level of women’s participation in employment and occupation in the public and private sectors; (b) measures taken to overcome social traditions and customs that have a negative impact on women’s opportunities in employment, education and skill development; and (c) measures taken to ensure that vocational and skills training for women correspond to the needs of the labour market, and include components enabling women to start their own businesses.

5. National institutions on equality. The Committee notes with interest the ILO Project on Strengthening the National Machinery for Advancing Women’s Employment in Yemen aimed at building the capacity of the Ministry of Social Affairs and Labour to promote gender equality. It hopes that this project will help to address some of the issues set out in points 3 and 4 of its direct request, and requests the Government to keep it informed of the impact of and results achieved through the project.

6. Maternity leave. The Committee notes that the Government will forward a copy of the draft amendment of section 45(1) of the Labour Code, extending leave from 60 days to ten weeks, once adopted.

7. General Administration for Labour Inspection. The Committee recalls Part III of the report form and reiterates its request that the Government provide the details of the specific activities undertaken by the General Administration for Labour Inspection to monitor discrimination based on sex and to promote equality of opportunity and treatment between men and women in employment and occupation.

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

National policy with respect to political opinion, social origin and national extraction. For a number of years, the Committee has been stressing the importance of declaring and pursuing a national equality policy covering all the grounds enumerated in the Convention. In this context, it has also been requesting the Government to provide information regarding any legislative or other measures taken or envisaged aimed at the application of the principle of prohibiting discrimination in employment and occupation on the basis of political opinion, social origin and national extraction. The Committee regrets that the Government has once more omitted to provide additional information in this regard. The Committee therefore urges the Government to include in its next report detailed information on all the measures taken to ensure that no discrimination on the basis of political opinion, social origin and national extraction occurs in practice in relation to employment and occupation.

The Committee is raising other points in a request directly addressed to the Government.

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 previous direct request, which read as follows:

1. Referring to article 3 of the Labour Code (Act No. 5 of 1995, as amended by Act No. 25 of 1997), which excludes casual workers, household workers and agricultural workers from its scope, the Committee notes the Government’s statement that it is continuing to apply the Labour Code to these categories of workers and that no new legislation has been drawn up to directly cover them. Considering that a majority of women work in these areas, the Committee encourages the Government to consider extending formal legal protection to these workers from discriminatory practices. The Committee requests the Government to keep it informed of all measures taken, including the promulgation of regulations, to protect casual workers, household workers and agricultural workers from discrimination, and to promote equality in employment and occupation.

2. Non-discrimination on the basis of sex. The Committee notes with interest the establishment of the High Council for Women through Order No. 98 of 2000 of the Prime Minister, and the strengthening of the National Women’s Committee. It also notes that the Ministry of Social Affairs and Labour elaborated a national strategy for the advancement of women with the assistance of the ILO and the United Nations Development Fund for Women (UNIFEM), but that the strategy is yet to be implemented. The Committee hopes the strategy will soon be implemented and the Government will be able to submit a copy of the national strategy, as well as information on implementing measures, and its impact on improving the level of participation of women in employment and occupation. The Government is requested to provide similar information in future reports, as well as statistical data on women’s participation in the private sector, if available.

3. The Committee notes from the Government’s report that social factors continue to be an obstacle for greater participation of women in the labour market. The Committee notes that the percentage of women employed in a number of ministries, ranges from 5.9 per cent to 28.2 per cent. It also notes from the national report on the implementation of the Beijing Platform for Action prepared by the Women’s National Committee on the occasion of the twenty-third Special Session of the General Assembly on "Women 2000: gender equality, development and peace for the twenty-first century" that the labour force participation rate of women is approximately 20 per cent and that the level of participation of women and girls in education and vocational training remains low. The Committee encourages the Government to take measures to overcome social traditions and customs which have a negative impact on the enjoyment by girls and women of their equal opportunities and treatment in education, skill development, employment and occupation. Noting the Government’s efforts to offer vocational training in different fields to improve women’s competence in income-generating activities, the Committee notes that vocational and skills training for women should correspond to the needs of the labour market, include areas beyond work traditionally considered to be "female", and include components enabling women to start their own businesses and projects. The Committee request the Government to continue to provide information on steps taken to promote women’s access to vocational training and their integration into the labour market, as well as information on the number of women that have participated in vocational training, and on how many have been gainfully employed as a result.

4. Regarding maternity leave, the Committee notes that the draft law amending section 45(1) of the Labour Code to extend the statutory leave period from the current 60 days to ten weeks is still being considered by the legislature. Please keep the Committee informed of any progress made concerning this matter.

5. In the absence of new information in response to the Committee’s previous request concerning the activities of the General Administration for Labour Inspection, the Committee again asks the Government to provide information on the activities of the labour inspectorate taken to achieve equality of opportunity and treatment without discrimination on the basis of sex.

6. Non-discrimination on the basis of political opinion, social origin and national extraction. Noting the Government’s statement that such discrimination does not exist in Yemen, the Committee recalls that the national equality policy to be declared and pursued under the terms of the Convention necessarily includes measures to prohibit discrimination on all grounds listed in Article 1(a) of the Convention, independently whether cases of discrimination on a particular ground have occurred. The Committee is therefore bound to reiterate its previous request for further information on any legislative and other measures taken or envisaged to expressly prohibit discrimination in employment and occupation on the basis of political opinion, social origin and national extraction.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee thanks the Government for its report and notes the information contained therein.

1. Referring to article 3 of the Labour Code (Act No. 5 of 1995, as amended by Act No. 25 of 1997), which excludes casual workers, household workers and agricultural workers from its scope, the Committee notes the Government’s statement that it is continuing to apply the Labour Code to these categories of workers and that no new legislation has been drawn up to directly cover them. Considering that a majority of women work in these areas, the Committee encourages the Government to consider extending formal legal protection to these workers from discriminatory practices. The Committee requests the Government to keep it informed of all measures taken, including the promulgation of regulations, to protect casual workers, household workers and agricultural workers from discrimination, and to promote equality in employment and occupation.

2. Non-discrimination on the basis of sex. The Committee notes with interest the establishment of the High Council for Women through Order No. 98 of 2000 of the Prime Minister, and the strengthening of the National Women’s Committee. It also notes that the Ministry of Social Affairs and Labour elaborated a national strategy for the advancement of women with the assistance of the ILO and the United Nations Development Fund for Women (UNIFEM), but that the strategy is yet to be implemented. The Committee hopes the strategy will soon be implemented and the Government will be able to submit a copy of the national strategy, as well as information on implementing measures, and its impact on improving the level of participation of women in employment and occupation. The Government is requested to provide similar information in future reports, as well as statistical data on women’s participation in the private sector, if available.

3. The Committee notes from the Government’s report that social factors continue to be an obstacle for greater participation of women in the labour market. The Committee notes that the percentage of women employed in a number of ministries, ranges from 5.9 per cent to 28.2 per cent. It also notes from the national report on the implementation of the Beijing Platform for Action prepared by the Women’s National Committee on the occasion of the twenty-third Special Session of the General Assembly on "Women 2000: gender equality, development and peace for the twenty-first century" that the labour force participation rate of women is approximately 20 per cent and that the level of participation of women and girls in education and vocational training remains low. The Committee encourages the Government to take measures to overcome social traditions and customs which have a negative impact on the enjoyment by girls and women of their equal opportunities and treatment in education, skill development, employment and occupation. Noting the Government’s efforts to offer vocational training in different fields to improve women’s competence in income-generating activities, the Committee notes that vocational and skills training for women should correspond to the needs of the labour market, include areas beyond work traditionally considered to be "female", and include components enabling women to start their own businesses and projects. The Committee request the Government to continue to provide information on steps taken to promote women’s access to vocational training and their integration into the labour market, as well as information on the number of women that have participated in vocational training, and on how many have been gainfully employed as a result.

4. Regarding maternity leave, the Committee notes that the draft law amending section 45(1) of the Labour Code to extend the statutory leave period from the current 60 days to ten weeks is still being considered by the legislature. Please keep the Committee informed of any progress made concerning this matter.

5. In the absence of new information in response to the Committee’s previous request concerning the activities of the General Administration for Labour Inspection, the Committee again asks the Government to provide information on the activities of the labour inspectorate taken to achieve equality of opportunity and treatment without discrimination on the basis of sex.

6. Non-discrimination on the basis of political opinion, social origin and national extraction. Noting the Government’s statement that such discrimination does not exist in Yemen, the Committee recalls that the national equality policy to be declared and pursued under the terms of the Convention necessarily includes measures to prohibit discrimination on all grounds listed in Article 1(a) of the Convention, independently whether cases of discrimination on a particular ground have occurred. The Committee is therefore bound to reiterate its previous request for further information on any legislative and other measures taken or envisaged to expressly prohibit discrimination in employment and occupation on the basis of political opinion, social origin and national extraction.

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

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

1. The Committee notes that section 3 of the Labour Code, Act No. 5 of 1995, exempts various categories of workers from coverage under the Code, most notably employees of the state administration and the public sector, casual workers, household servants and agricultural workers. Section 4 of the Code provides that the status of some of the above-referenced categories of workers may be regulated in accordance with the Code and that the Council of Ministers may apply certain provisions of the Code to them. In this respect, the Committee asks the Government to indicate whether any ministerial orders have been issued applying the provisions of the Convention to these categories of workers and to provide copies of any such orders. If no such orders exist, the Committee requests the Government to indicate the laws and regulations which apply the provisions of the Convention to the above-referenced groups of workers.

2. Non-discrimination on the basis of sex. The Committee notes that, in addition to section 5 of the Labour Code, which makes general provision for equal conditions, opportunities, guarantees and rights without discrimination on the grounds of sex, section 42 of the Labour Code provides that women shall be equal with men in relation to all conditions of employment and employment rights, duties and relationships and in employment, promotion, wages, training and rehabilitation and social insurance. The Committee asks the Government to indicate the measures taken to ensure the observance and application in practice of this policy.

3. The Committee observes that section 46 of the Labour Code contains special protections prohibiting the employment of women in industries and occupations which are specified by ministerial order to be hazardous, arduous or harmful to their health or social standing or to work at night in jobs specified by ministerial order. The Committee requests the Government to provide copies of any such orders, indicating the basis for the inclusion of the industries, occupations and night jobs specified. The Committee expresses its hope that any such ministerial orders will be issued in accordance with the principles contained in Article 5(2) of the Convention.

4. The Committee notes from the Government's report that the Ministry of Labour and Vocational Training is organizing employment-related vocational and technical training courses, seminars and placement activities to enhance the role of women in the labour market with the cooperation of the competent authorities on both the local and international levels. The Committee requests the Government to supply, in its next report, full information on the types of vocational training courses, occupational guidance and all other activities provided by the Government to promote equal opportunities for women in employment and occupation. In addition, the Committee requests the Government to supply detailed information regarding the manner in which placement services under control of the Ministry ensure observance of the policy referenced in Article 2 of the Convention.

5. The Committee notes that the Government has not provided the statistical data previously requested by the Committee showing developments in the situation of the female workforce in comparison with the whole economically active population. The Committee notes, however, other statistical information provided by the Government pursuant to Convention No. 81 and received by the ILO in June 1998, particularly a table showing the distribution of the labour force by employment status (employed/unemployed) by age and sex in the Republic of Yemen. The statistical data provided shows that there are more girls than boys in the labour force between the ages of ten and 14. However, the opposite is true for all other age groups shown in the table. Women make up 19.5 per cent of the total employed labour force between the ages of 15 through 65, indicating that women's participation in the labour force remains low. In this respect, the Committee recalls that Article 3(b) of the Convention establishes the obligation of each member State to undertake, by methods appropriate to national conditions and practice, to promote such educational programmes as may be calculated to secure the acceptance and observance of the non-discrimination policy. The Committee points out that educational and information programmes should be designed to improve awareness of the features of discrimination in order to change attitudes and behaviour patterns and give rise to due respect for the right of everyone to equality of opportunity or treatment, irrespective of sex (see the General Survey on equality in employment and occupation, ILO, 1986, paragraph 232.) The Committee therefore asks the Government to indicate in its next report whether it has taken or intends to take any measures to develop positive attitudes toward and promote equal access to education, vocational training, occupational guidance and career opportunities for women and, if so, in what areas of employment activities. The Committee trusts that the Government will provide the Committee with up-to-date statistical information as soon as possible.

6. Further to its previous direct request concerning maternity leave, the Committee notes the Government's assurance that a pregnant woman shall not, under any circumstances, be employed during her maternity leave pursuant to section 45(2) of the Labour Code.

7. Non-discrimination on the basis of political opinion, social origin and national extraction. The Committee takes due notice of the Government's statements that the principle adopted by the Labour Code is one of non-discrimination in all matters related to employment whatever the reason may be. The Committee observes, however, that section 5 of the Labour Code does not expressly prohibit discrimination in employment and occupation on the basis of political opinion, national extraction or social origin.

The Committee again recalls that, when provisions are enacted to give effect to the principle of the Convention, they should include all the criteria of discrimination contained in Article 1, paragraph 1(a), of the Convention (see General Survey, paragraph 58). The Committee therefore reiterates its request that the Government supply the Committee, in its next report, with information on the measures taken or proposed to be taken to give full effect to the provisions of the Convention. In the absence of legislative provisions, the Committee requests the Government to provide information on all measures taken to ensure that no discrimination on the basis of political opinion, social origin and national extraction occurs in practice in relation to employment and occupation. In this respect, the Committee notes the Government's statement that article 5 of the Yemen Constitution of 28 September 1994 provides that the political system of Yemen is "established on political pluralism and multi-party basis". Article 5 of the Constitution further provides that "the exercise of political activities shall be regulated by law". The Committee therefore requests the Government to provide copies of any laws and regulations implementing constitutional article 5 and having relevance to employment or occupation, so that the Committee may evaluate the application of the non-discrimination principle of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes that section 3 of the Labour Code, Act No. 5 of 1995 exempts various categories of workers from coverage under the Code, most notably employees of the state administration and the public sector, casual workers, household servants and agricultural workers. Section 4 of the Code provides that the status of some of the above-referenced categories of workers may be regulated in accordance with the Code and that the Council of Ministers may apply certain provisions of the Code to them. In this respect, the Committee asks the Government to indicate whether any ministerial orders have been issued applying the provisions of the Convention to these categories of workers and to provide copies of any such orders. If no such orders exist, the Committee requests the Government to indicate the laws and regulations which apply the provisions of the Convention to the above-referenced groups of workers.

2. Non-discrimination on the basis of sex. The Committee notes that, in addition to section 5 of the Labour Code, which makes general provision for equal conditions, opportunities, guarantees and rights without discrimination on the grounds of sex, section 42 of the Labour Code provides that women shall be equal with men in relation to all conditions of employment and employment rights, duties and relationships and in employment, promotion, wages, training and rehabilitation and social insurance. The Committee asks the Government to indicate the measures taken to ensure the observance and application in practice of this policy.

3. The Committee observes that section 46 of the Labour Code contains special protections prohibiting the employment of women in industries and occupations which are specified by ministerial order to be hazardous, arduous or harmful to their health or social standing or to work at night in jobs specified by ministerial order. The Committee requests the Government to provide copies of any such orders, indicating the basis for the inclusion of the industries, occupations and night jobs specified. The Committee expresses its hope that any such ministerial orders will be issued in accordance with the principles contained in Article 5(2) of the Convention.

4. The Committee notes from the Government's report that the Ministry of Labour and Vocational Training is organizing employment-related vocational and technical training courses, seminars and placement activities to enhance the role of women in the labour market with the cooperation of the competent authorities on both the local and international levels. The Committee requests the Government to supply, in its next report, full information on the types of vocational training courses, occupational guidance and all other activities provided by the Government to promote equal opportunities for women in employment and occupation. In addition, the Committee requests the Government to supply detailed information regarding the manner in which placement services under control of the Ministry ensure observance of the policy referenced in Article 2 of the Convention.

5. The Committee notes that the Government has not provided the statistical data previously requested by the Committee showing developments in the situation of the female workforce in comparison with the whole economically active population. The Committee notes, however, other statistical information provided by the Government pursuant to Convention No. 81 and received by the ILO in June 1998, particularly a table showing the distribution of the labour force by employment status (employed/unemployed) by age and sex in the Republic of Yemen. The statistical data provided shows that there are more girls than boys in the labour force between the ages of ten and fourteen. However, the opposite is true for all other age groups shown in the table. Women make up 19.5 per cent of the total employed labour force between the ages of 15 through 65, indicating that women's participation in the labour force remains low. In this respect, the Committee recalls that Article 3(b) of the Convention establishes the obligation of each member State to undertake, by methods appropriate to national conditions and practice, to promote such educational programmes as may be calculated to secure the acceptance and observance of the non-discrimination policy. The Committee points out that educational and information programmes should be designed to improve awareness of the features of discrimination in order to change attitudes and behaviour patterns and give rise to due respect for the right of everyone to equality of opportunity or treatment, irrespective of sex (see the General Survey on equality in employment and occupation, ILO, 1986, at paragraph 232.) The Committee therefore asks the Government to indicate in its next report whether it has taken or intends to take any measures to develop positive attitudes toward and promote equal access to education, vocational training, occupational guidance and career opportunities for women and, if so, in what areas of employment activities. The Committee trusts that the Government will provide the Committee with up-to-date statistical information as soon as possible.

6. Further to its previous direct request concerning maternity leave, the Committee notes the Government's assurance that a pregnant woman shall not, under any circumstances, be employed during her maternity leave pursuant to section 45(2) of the Labour Code.

7. Non-discrimination on the basis of political opinion, social origin and national extraction. The Committee takes due notice of the Government's statements that the principle adopted by the Labour Code is one of non-discrimination in all matters related to employment whatever the reason may be. The Committee observes, however, that section 5 of the Labour Code does not expressly prohibit discrimination in employment and occupation on the basis of political opinion, national extraction, or social origin.

The Committee again recalls that, when provisions are enacted to give effect to the principle of the Convention, they should include all the criteria of discrimination contained in Article 1, paragraph 1(a), of the Convention (see General Survey, at paragraph 58). The Committee therefore reiterates its request that the Government supply the Committee, in its next report, with information on the measures taken or proposed to be taken to give full effect to the provisions of the Convention. In the absence of legislative provisions, the Committee requests the Government to provide information on all measures taken to ensure that no discrimination on the basis of political opinion, social origin and national extraction occurs in practice in relation to employment and occupation. In this respect, the Committee notes the Government's statement that article 5 of the Yemen Constitution of 28 September 1994 provides that the political system of Yemen is "established on political pluralism and multi-party basis". Article 5 of the Constitution further provides that "the exercise of political activities shall be regulated by law". The Committee therefore requests the Government to provide copies of any laws and regulations implementing constitutional article 5 and having relevance to employment or occupation, so that the Committee may evaluate the application of the non-discrimination principle of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret 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:

1. Non-discrimination on the ground of sex. The Committee notes that section 2 ("Definitions"), in conformity with the Convention, encompasses men and women in the same term "worker" and that equality of treatment in employment and occupation, without discrimination, in particular on the ground of sex, is reaffirmed in section 5. However, the Committee notes that, under section 67(1), equality of treatment in wages is not based on the same criteria depending on whether it is applied to women or men. The Committee is pursuing this difference in treatment in its direct request under Convention No. 100.

2. The Committee welcomes the provisions of sections 43ff. of the new Labour Code which relate to protection of pregnant women workers and to maternity. Provisions such as these give effect to Article 5, paragraph 2, of the Convention. The Committee nevertheless observes that section 43 does not cover the interruption of work due to maternity leave, which would appear to be a drafting point since section 45 of the Code contains the principle of maternity leave.

3. Referring to its previous direct requests, the Committee requests the Government to supply, with its next report, information on all measures taken in practice to promote the national policy on equality in employment and occupation and the elimination of all discrimination on the ground of sex. In addition, it asks the Government to provide statistical data reflecting developments in the situation of the female workforce in comparison with the whole economically active population.

4. Non-discrimination on the grounds of social origin and political opinion. The Committee notes that above-mentioned section 5 of the Labour Code lists the criteria of proscribed discrimination in the fields of equal opportunity and treatment in work as sex, age, race, colour, beliefs and language. It notes the absence among these criteria of "political opinion". The Committee recalls that, according to paragraph 58 of its 1988 General Survey on equality in employment and occupation, when provisions are adopted to give effect to the principle of the Convention, they should include all the criteria of discrimination contained in Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to supply, with its next report, information on the measures taken or envisaged to give full effect to the above-mentioned provision of the Convention, in particular in the framework of the new Labour Code for the sectors of activity to which it applies. It would also be grateful if the Government would communicate to the Office the texts of the regulations under relevant provisions of the Code.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. Referring to its previous direct request, it notes with interest that, by the Legislative Decree of 9 March 1995, the Labour Code, Act No. 5 of 1995, was promulgated.

1. Non-discrimination on the ground of sex. The Committee notes that section 2 ("Definitions"), in conformity with the Convention, encompasses men and women in the same term "worker" and that equality of treatment in employment and occupation, without discrimination, in particular on the ground of sex, is reaffirmed in section 5. However, the Committee notes that, under section 67(1), equality of treatment in wages is not based on the same criteria depending on whether it is applied to women or men. The Committee is pursuing this difference in treatment in its direct request under Convention No. 100.

2. The Committee welcomes the provisions of sections 43ff. of the new Labour Code which relate to protection of pregnant women workers and to maternity. Provisions such as these give effect to Article 5, paragraph 2, of the Convention. The Committee nevertheless observes that section 43 does not cover the interruption of work due to maternity leave, which would appear to be a drafting point since section 45 of the Code contains the principle of maternity leave.

3. Referring to its previous direct requests, the Committee requests the Government to supply, with its next report, information on all measures taken in practice to promote the national policy on equality in employment and occupation and the elimination of all discrimination on the ground of sex. In addition, it asks the Government to provide statistical data reflecting developments in the situation of the female workforce in comparison with the whole economically active population.

4. Non-discrimination on the grounds of social origin and political opinion. The Committee notes that above-mentioned section 5 of the Labour Code lists the criteria of proscribed discrimination in the fields of equal opportunity and treatment in work as sex, age, race, colour, beliefs and language. It notes the absence among these criteria of "political opinion". The Committee recalls that, according to paragraph 58 of its 1988 General Survey on equality in employment and occupation, when provisions are adopted to give effect to the principle of the Convention, they should include all the criteria of discrimination contained in Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to supply, with its next report, information on the measures taken or envisaged to give full effect to the above-mentioned provision of the Convention, in particular in the framework of the new Labour Code for the sectors of activity to which it applies. It would also be grateful if the Government would communicate to the Office the texts of the regulations under relevant provisions of the Code.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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:

Referring to its earlier direct request, the Committee notes the information contained in the Government's report. It also notes that a draft of a new Labour Code has been prepared with the technical assistance of the Office and has been submitted to Parliament. It trusts that the Government will keep it informed of progress in the adoption of this text, and supply a copy of it once promulgated.

1. The Committee notes that the Order envisaged in section 36 of the 1970 Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has not been issued. The Committee asks the Government to indicate whether this provision has been carried over to the draft of the new Labour Code, and, if so, to supply a copy of any order issued thereunder.

2. The Committee notes from the statistics for 1992 provided by the Government on the percentage of female students (primary and secondary level, approximately 33 per cent), females undergoing training (15 per cent), females engaged in economic activity (less than 30 per cent), and females occupying posts of responsibility (5 per cent), that women are under-represented in all the areas listed in Article 1, paragraph 3, of the Convention. The Committee, recalling the principle of non-discrimination set out in the 1991 Constitution, asks the Government to inform it of any measures taken to pursue the national policy to promote equality in employment and occupation and to eliminate discrimination on the basis of sex.

3. The Committee notes with interest that article 27 of the 1991 Constitution provides that all citizens are to be equal in rights and public duties, regardless of sex, colour, origin, language, profession, social status or creed and that article 39 grants citizens the right to organize themselves, inter alia, politically. It also notes, however, that these articles do not mention specifically "race" and "political opinion" which are listed in Article 1, paragraph 1(a), of the Convention among the grounds of prohibited discrimination in employment and occupation. Referring to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation where it states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), the Committee asks the Government to indicate how non-discrimination on these two grounds is ensured. For example, does the draft of the new Labour Code cover this? Is the provision in article 39 intended to cover non-discrimination on the basis of political opinion?

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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:

Referring to its earlier direct request, the Committee notes the information contained in the Government's report. It also notes that a draft of a new Labour Code has been prepared with the technical assistance of the Office and has been submitted to Parliament. It trusts that the Government will keep it informed of progress in the adoption of this text, and supply a copy of it once promulgated.

1. The Committee notes that the Order envisaged in section 36 of the 1970 Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has not been issued. The Committee asks the Government to indicate whether this provision has been carried over to the draft of the new Labour Code, and, if so, to supply a copy of any order issued thereunder.

2. The Committee notes from the statistics for 1992 provided by the Government on the percentage of female students (primary and secondary level, approximately 33 per cent), females undergoing training (15 per cent), females engaged in economic activity (less than 30 per cent), and females occupying posts of responsibility (5 per cent), that women are under-represented in all the areas listed in Article 1, paragraph 3, of the Convention. The Committee, recalling the principle of non-discrimination set out in the 1991 Constitution, asks the Government to inform it of any measures taken to pursue the national policy to promote equality in employment and occupation and to eliminate discrimination on the basis of sex.

3. The Committee notes with interest that article 27 of the 1991 Constitution provides that all citizens are to be equal in rights and public duties, regardless of sex, colour, origin, language, profession, social status or creed and that article 39 grants citizens the right to organize themselves, inter alia, politically. It also notes, however, that these articles do not mention specifically "race" and "political opinion" which are listed in Article 1, paragraph 1(a), of the Convention among the grounds of prohibited discrimination in employment and occupation. Referring to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation where it states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), the Committee asks the Government to indicate how non-discrimination on these two grounds is ensured. For example, does the draft of the new Labour Code cover this? Is the provision in article 39 intended to cover non-discrimination on the basis of political opinion?

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring to its earlier direct request, the Committee notes the information contained in the Government's report. It also notes that a draft of a new Labour Code has been prepared with the technical assistance of the Office and has been submitted to Parliament. It trusts that the Government will keep it informed of progress in the adoption of this text, and supply a copy of it once promulgated.

1. The Committee notes that the Order envisaged in section 36 of the 1970 Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has not been issued. The Committee asks the Government to indicate whether this provision has been carried over to the draft of the new Labour Code, and, if so, to supply a copy of any order issued thereunder.

2. The Committee notes from the statistics for 1992 provided by the Government on the percentage of female students (primary and secondary level, approximately 33 per cent), females undergoing training (15 per cent), females engaged in economic activity (less than 30 per cent), and females occupying posts of responsibility (5 per cent), that women are under-represented in all the areas listed in Article 1, paragraph 3, of the Convention. The Committee, recalling the principle of non-discrimination set out in the 1991 Constitution, asks the Government to inform it of any measures taken to pursue the national policy to promote equality in employment and occupation and to eliminate discrimination on the basis of sex.

3. The Committee notes with interest that article 27 of the 1991 Constitution provides that all citizens are to be equal in rights and public duties, regardless of sex, colour, origin, language, profession, social status or creed and that article 39 grants citizens the right to organize themselves, inter alia, politically. It also notes, however, that these articles do not mention specifically "race" and "political opinion" which are listed in Article 1, paragraph 1(a), of the Convention among the grounds of prohibited discrimination in employment and occupation. Referring to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation where it states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), the Committee asks the Government to indicate how non-discrimination on these two grounds is ensured. For example, does the draft of the new Labour Code cover this? Is the provision in article 39 intended to cover non-discrimination on the basis of political opinion?

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

The Committee notes with regret 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:

1. The Committee noted with interest the increased participation of women at all levels of education, and particularly at the various training centres and technical schools, and it requested the Government to continue supplying information on any progress achieved in this connection and on the measures that had been taken to promote the access of women, particularly in rural areas, to activities and jobs corresponding to the training provided by these centres and schools. As the Government's last report does not contain new information on this subject, the Committee hopes that the next report will contain the requested information, including statistics on the number of women attending schools and the various training courses and their proportion in relation to men, and the participation rate of women in the labour market in the private sector and in mixed enterprises.

2. The Committee also requests the Government, as it has in the past, to supply information on the progress achieved regarding the recruitment of women into the public service and to indicate the number of women currently employed in the public administration (including positions of responsibility) and their proportion in relation to men.

3. As regards the employment offices set up by the Ministry of Social Affairs and Labour in the governorates of the country, the Committee notes the Government's indications that these offices, in cooperation with the inspection services, supervise the application of legal provisions respecting recruitment and terms and conditions of employment in order to ensure that no discrimination takes place on grounds of sex or religion. The Committee also notes the statement that the principle of non-discrimination is taken into account when formulating economic and social development plans. It therefore requests the Government to supply information, including statistics, on the activities of the employment offices and more detailed information on the above development plans.

4. The Committee would also be grateful if the Government would indicate whether the Order provided for in section 36 of the Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has been issued and, if so, to supply a copy of it.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

North Yemen

The Committee notes with regret 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:

1. In these comments, the Committee noted with interest the increased participation of women at all levels of education, and particularly at the various training centres and technical schools, and it requested the Government to continue supplying information on any progress achieved in this connection and on the measures that had been taken to promote the access of women, particularly in rural areas, to activities and jobs corresponding to the training provided by these centres and schools. As the Government's last report does not contain new information on this subject, the Committee hopes that the next report will contain the requested information, including statistics on the number of women attending schools and the various training courses and their proportion in relation to men, and the participation rate of women in the labour market in the private sector and in mixed enterprises.

2. The Committee also requests the Government, as it has in the past, to supply information on the progress achieved regarding the recruitment of women into the public service and to indicate the number of women currently employed in the public administration (including positions of responsibility) and their proportion in relation to men.

3. As regards the employment offices set up by the Ministry of Social Affairs and Labour in the governorates of the country, the Committee notes the Government's indications that these offices, in cooperation with the inspection services, supervise the application of legal provisions respecting recruitment and terms and conditions of employment in order to ensure that no discrimination takes place on grounds of sex or religion. The Committee also notes the statement that the principle of non-discrimination is taken into account when formulating economic and social development plans. It therefore requests the Government to supply information, including statistics, on the activities of the employment offices and more detailed information on the above development plans.

4. The Committee would also be grateful if the Government would indicate whether the Order provided for in section 36 of the Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has been issued and, if so, to supply a copy of it.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

North Yemen

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:

1. In these comments, the Committee noted with interest the increased participation of women at all levels of education, and particularly at the various training centres and technical schools, and it requested the Government to continue supplying information on any progress achieved in this connection and on the measures that had been taken to promote the access of women, particularly in rural areas, to activities and jobs corresponding to the training provided by these centres and schools. As the Government's last report does not contain new information on this subject, the Committee hopes that the next report will contain the requested information, including statistics on the number of women attending schools and the various training courses and their proportion in relation to men, and the participation rate of women in the labour market in the private sector and in mixed enterprises.

2. The Committee also requests the Government, as it has in the past, to supply information on the progress achieved regarding the recruitment of women into the public service and to indicate the number of women currently employed in the public administration (including positions of responsibility) and their proportion in relation to men.

3. As regards the employment offices set up by the Ministry of Social Affairs and Labour in the governorates of the country, the Committee notes the Government's indications that these offices, in co-operation with the inspection services, supervise the application of legal provisions respecting recruitment and terms and conditions of employment in order to ensure that no discrimination takes place on grounds of sex or religion. The Committee also notes the statement that the principle of non-discrimination is taken into account when formulating economic and social development plans. It therefore requests the Government to supply information, including statistics, on the activities of the employment offices and more detailed information on the above development plans.

4. The Committee would also be grateful if the Government would indicate whether the Order provided for in section 36 of the Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has been issued and, if so, to supply a copy of it.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reply to its previous comments.

1. In these comments, the Committee noted with interest the increased participation of women at all levels of education, and particularly at the various training centres and technical schools, and it requested the Government to continue supplying information on any progress achieved in this connection and on the measures that had been taken to promote the access of women, particularly in rural areas, to activities and jobs corresponding to the training provided by these centres and schools. As the Government's last report does not contain new information on this subject, the Committee hopes that the next report will contain the requested information, including statistics on the number of women attending schools and the various training courses and their proportion in relation to men, and the participation rate of women in the labour market in the private sector and in mixed enterprises.

2. The Committee also requests the Government, as it has in the past, to supply information on the progress achieved regarding the recruitment of women into the public service and to indicate the number of women currently employed in the public administration (including positions of responsibility) and their proportion in relation to men.

3. As regards the employment offices set up by the Ministry of Social Affairs and Labour in the governorates of the country, the Committee notes the Government's indications that these offices, in co-operation with the inspection services, supervise the application of legal provisions respecting recruitment and terms and conditions of employment in order to ensure that no discrimination takes place on grounds of sex or religion. The Committee also notes the statement that the principle of non-discrimination is taken into account when formulating economic and social development plans. It therefore requests the Government to supply information, including statistics, on the activities of the employment offices and more detailed information on the above development plans.

4. The Committee would also be grateful if the Government would indicate whether the Order provided for in section 36 of the Labour Code, forbidding the employment of women in certain types of work other than those considered to be arduous or harmful to the health, has been issued and, if so, to supply a copy of it.