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Comments adopted by the CEACR: Yemen

Adopted by the CEACR in 2021

C100 - 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 armed conflict in the country.
Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–679). The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.
Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.
Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

C111 - 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.

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that trafficking in persons is prohibited under section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. It also noted that a National Committee for Combating Human Trafficking was established. Moreover, the Government indicated that an Anti-Trafficking Bill was elaborated and is under examination in Parliament. The Committee requested the Government to provide information on the activities undertaken by the National Committee for Combating Human Trafficking, and to indicate whether or not a national policy to combat trafficking in persons as well as the Anti-Trafficking Bill have been adopted.
The Committee notes the Government’s indication in its report that, the National Committee for Combating Human Trafficking is responsible for drawing up policies and formulating appropriate national mechanisms to combat and punish trafficking in persons, providing protection for victims and developing rehabilitation programmes. It is also in charge of preparing a national strategy to combat human trafficking, as well as drafting a national law, in this respect. Regarding the Anti-Trafficking Bill, the Government indicates that it is still before the Parliament. Moreover, the Government states that, in 2018 an agreement was concluded with the International Organization for Migration on a National Strategy to Combat Trafficking in persons, which had been suspended because of the war. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. It also requests the Government to provide a copy of the Anti-Trafficking Bill, once adopted.
Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments, the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, as well as section 36, which provides for an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length. The Committee also noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.
The Committee notes the Government’s indication that the draft Bill of the Labour Code was not adopted on time because of the war. It is providing for the possibility to terminate the employment contract with or without prior notice and under certain conditions. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee encourages the Government to step up its efforts to ensure the adoption of the draft Bill of the Labour Code in conformity with the Convention so that any worker can terminate his/her employment contract without indicating any specific reason provided they observe a reasonable notice period. Please provide information on any progress made in this regard.
2. Freedom of career military personnel to leave the service. The Committee noted that section 95 of Act No. 67 of 1991 concerning military service, stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service. The Committee requested the Government to take the necessary measures to amend the above-mentioned sections to be in conformity with the Convention.
The Committee notes an absence of new information in the Government’s report. The Committee recalls that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. The Committee once again trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above-mentioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.
Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that section 16 of Act No. 48 of 1991 on prison regulations allows prisoners to work outside the penitentiary establishments. It requested the Government to indicate whether prisoners are hired to, or placed at, the disposal of private individuals, companies or associations.
The Committee notes the Government’s indication that an implementing regulation for Act No. 48 was issued pursuant to Decree No. 221 (1999) on the regulation of prisons and will be provided to the Committee. The Government also adds that according to section 16 of Act No. 48, prisoners may be employed in public works, if circumstances require. The Committee requests the Government to indicate the guarantees provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations. The Committee also requests the Government to supply a copy of Decree No. 221 (1999) on the regulation of prisons.

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has been received, despite the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country. It notes however that the report does not contain much information on the points raised by the Committee previously.
Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political system. Over a number of years, the Committee has been referring to sections 103 and 104 of Act No. 25 of 1990 on the press and publications, which impose restrictions on printing, publishing and disseminating of certain political views, violation of such restrictions being punishable with imprisonment involving an obligation to work by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons. The Committee had also noted the Government’s indication that the new Act on the press and publications had been promulgated.
The Committee notes the Government’s repeated indication in its report that, it will soon provide the Committee with the new Press and Publications Act, once adopted. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee trusts once again that the Government will communicate a copy of the Press and Publications Act in its next report, in order to assess its conformity with the provisions of the Convention.
Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that section 119 of the Maritime Act (No. 15 of 1994), empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. The Committee also noted the Government’s statement in its last report that such regulations giving effect to the Maritime Act had not been adopted.
The Committee notes the Government’s repeated indication that it will soon provide the Committee with the regulations giving effect to the Maritime Act. The Committee requests once again the Government to supply, once adopted, a copy of the implementing regulations under the Maritime Act (No. 15 of 1994), as is specified in section 119.

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together. The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) on the application of Convention No. 95 and the response of the Government, both received in 2017. The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

Minimum Wage

Article 4 of Convention No. 131. Minimum wage-fixing machinery. Full consultation with employers’ and workers’ organizations. Further to its previous comments, the Committee recalls that: (i) Act No. 43 of 2005 on the positions, wages and salaries system has set the minimum wage level in the public sector (section 38(E)) and provided that the Civil Service Ministry is the competent body for establishing and adjusting minimum wages for public sector workers (section 5); (ii) the minimum wage for the public sector is extended to private sector workers, according to section 55(1) of the Labour Code; and (iii) section 11 of the Labour Code provides that the tripartite Labour Council is charged with submitting recommendations to the Government in relation to draft labour laws and regulations and the general policy on wages, incentives and other benefits. The Committee notes that the Government indicates in its report that the tripartite Labour Council will be activated when the civil war currently affecting the country ends. The Committee requests the Government to take all necessary measures to ensure that, once the situation in the country so allows, full consultation with representative organizations of employers and workers both in the public and in the private sector are held in connection with the review and adjustment of the level of minimum wages. It requests the Government to provide information in this regard.

Protection of Wages

In previous comments, the Committee has noted the lack of conformity of the national legislation, mainly the Labour Code, with some provisions of the Convention. The Committee notes that the Government indicates in its report that the draft amended Labour Code is being considered by the legislative authority and other official bodies, but that it has not been passed because of the current civil war and the disruption of the House of Representatives. The Committee requests the Government to ensure that its comments below will be fully taken into account in the finalization of the legislative review, once the situation in the country so allows. The Committee requests the Government to send a copy of the new Labour Code and any other relevant legislation giving effect to the Convention, once adopted.
Article 2 of Convention No. 95. Scope of application. The Committee recalls that several categories of workers, including domestic, casual and, in certain cases, agricultural workers, are excluded from the scope of the Labour Code (section 3(2)). Consequently, those workers do not benefit from the protection of wages afforded by the Labour Code. The Committee hopes that the new Labour Code will ensure that all workers benefit from the protection of their wages in accordance with the Convention. Concerning civil servants who are also excluded from the Labour Code, the Committee notes that while the Civil Service Act and its implementing Decree No. 122 of 1992 provide some protection for public sector workers, these pieces of legislation do not appear to give effect to a number of Articles of the Convention. The Committee requests the Government to provide information on the provisions of the national legislation or other implementing measures applying the requirements of the Convention to any category of workers who might be excluded from the application of the new Labour Code, once adopted.
Article 4. Partial payment of wages in kind. The Committee recalls that while payment in kind is allowed in the country (based on the definition of wages in section 2 of the Labour Code), the Labour Code only regulates it in relation to situations of remote work (sections 68 and 70). It also recalls that Article 4 requires that permissible allowances in kind be only those authorized by national laws and regulations, collective agreements or arbitral awards but not individual agreements, and that, when authorized, appropriate measures be taken to ensure that the allowances in kind be both appropriate for the personal use and benefit of workers and their family and their value fair and reasonable. The Committee requests the Government to take the necessary measures to give full effect to that provision of the Convention.
Articles 8(1) and 10. Deductions, attachments and assignments of wages. The Committee recalls that section 63 of the Labour Code, which provides for the possibility of withholding wages by agreement between the employer and the worker, is not fully in conformity with the Convention, which prescribes that deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards (Article 8(1)) and that wages may be attached or assigned only in a manner and within the limits prescribed by national laws or regulations (Article 10(1)), but in neither case by individual agreement. It also recalls that there appears to be no provision in the Labour Code providing that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of workers and their family (Article 10(2)). The Committee requests the Government to take the necessary measures to give full effect to these provisions of the Convention.
Article 9. Prohibition of employment fees to be deducted from wages. The Committee recalls the absence of legislative provisions prohibiting deductions from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his or her representative or to any intermediary (such as a labour contractor or recruiter). The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.
Article 12. Regular payment of wages. Settlement of wages at termination of employment. Application in practice. The Committee notes that ITUC refers to cases of non-payment of wages in the public sector. It also refers to the situation of workers who worked in three foreign companies that left the country in 2015 and have not received a final settlement of their wages despite decisions of the Labour Court and the Labour Arbitration Committee requesting these companies to pay workers’ salaries until the termination of their contracts. The Committee also notes that in reply to these observations, the Government indicates that it has endeavoured to pay the salaries of all employees of the administrative and military bodies of the State. While it admits that some issues regarding the payment of wages may persist in governorates under rebels’ control, it indicates that it is striving to remedy this situation. The Government adds that: (i) the case concerning two foreign companies has been referred to the Appeal Court and, in the meantime, the Ministry is using all adequate legal means to ensure the enforcement of the relevant legislation to these cases; and (ii) the case concerning the third company was the subject of a new judgment of the Appeal Court which resulted in the competent authorities putting the company’s property under precautionary attachment to ensure workers’ rights. The Committee requests the Government to continue its efforts to guarantee that all workers are paid throughout the country their due wages in full and to provide information on the follow-up given to the above-mentioned legal cases.

C132 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest) and 132 (annual holidays with pay) together.
The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.
In previous comments, the Committee had noted the lack of conformity of the national legislation, mainly the Labour Code, with some provisions of Conventions Nos 14 and 132. The Committee notes that the Government indicates in its reports that the draft amended Labour Code is being considered by the legislative authority and other official bodies, but that it has not been passed because of the current civil war and the disruption of the House of Representatives. The Committee requests the Government to ensure that its comments on both Conventions will be fully taken into account in the context of the finalization of the legislative review, once the situation so allows.

Weekly rest

Articles 2(1) and 3 of Convention No. 14. Scope of application. The Committee recalls that casual workers and employers’ dependent family members are excluded from the scope of application of the Labour Code and therefore do not benefit from the weekly rest protection under the Code. The Committee notes that the Government indicates that the draft amended Labour Code includes casual workers in its scope of application. Concerning employers’ dependent family members, the Committee recalls that Article 3 only allows an exception to the weekly rest entitlement in industrial undertakings in which only the members of one single family are employed. The Committee requests the Government to take the necessary measures to ensure that any exceptions to the weekly rest entitlements are limited to those permitted under the Convention.

Annual holidays with pay

Article 2 of Convention No. 132. Scope of application. The Committee recalls that domestic workers are excluded from the scope of application of the Labour Code (section 3(2)(i)). It also recalls the Government’s indication in previous reports that the draft amended Labour Code is expected to include them with regard to holidays, minimum wages, dismissal from work and the rights concerning termination of employment. The Committee requests the Government to indicate the provisions, in either the new Labour Code, once adopted, or any other relevant legislation, that give effect to the Convention for domestic workers.
Article 7(2). Payment in advance of the annual holiday. The Committee recalls that the Labour Code does not contain provisions foreseeing that the remuneration of annual holidays shall be paid in advance. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.
Article 8(2). Division of the annual holiday into two parts. The Committee recalls that section 79(3) of the Labour Code, which provides that the leave granted to workers from their annual holidays’ entitlements shall not be less than two days at a time, does not fully apply Article 8(2), which provides that, in case of division of the annual holiday with paid into parts, one of them shall consist of at least two uninterrupted working weeks. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.
Article 11. Annual leave rights upon termination of employment. The Committee recalls that sections 35 to 41 of the Labour Code, which regulate the termination of employment, do not clearly prescribe the workers’ right to receive a holiday with pay proportionate to the length of service for which they have not received such a holiday, or compensation in lieu thereof or the equivalent holiday credit, as required by Article 11. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers were excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, domestic workers and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. The Committee had also noted the Government’s statement that the exclusions in the Labour Code would be addressed in the forthcoming amendments to the Labour Code.
The Committee notes the Government’s information in its report that the draft Labour Code will apply to domestic workers and casual labourers. It also notes that section 7 of the Ministerial Order No. 11 contains the list of occupations prohibited for children under 18 years, and includes all work related to agriculture. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code which will cover domestic servants and casual labourers will be adopted in the near future. It also requests the Government to indicate the measures taken or envisaged to ensure the application of the minimum age provisions to self-employed children and children working in family undertakings.
Article 9(1). Penalties. In its previous comments, the Committee noted that the Ministerial Order No. 11 which contains provisions prohibiting hazardous work by children under 18 years of age do not provide for any penalties for its contravention.
The Committee notes the Government’s information that the provisions establishing penalties against those who violate the provisions prohibiting the employment of children under 18 years in hazardous work will be taken into account. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure the adoption of provisions establishing appropriate penalties for the breach of the provisions giving effect to the Convention, as laid down under Ministerial Order No. 11. It requests the Government to provide information on any progress made in this regard.

C138 - Observation (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. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. In its previous comments, the Committee noted the various initiatives, policies and measures adopted by the Government, in cooperation with the ILO, employers, workers and civil society organizations, to combat child labour. However, the Committee noted from an ILO survey that more than 1.3 million children between the ages of 5 and 17 were involved in child labour. It further noted from the Yemen Humanitarian Situation Report of March 2017 that more than 9.6 million children were affected by armed conflict in the country with over 1.6 million children who were internally displaced. Noting with deep concern at the large number of children below the minimum age for admission to employment or work who are involved in child labour, the Committee urged the Government to take immediate and effective measures to improve the situation of children in Yemen and to protect and prevent them from child labour, including through the adoption of the national action plan to combat child labour.
The Committee welcomes the information provided by the Government representative, during the discussion at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), by Yemen that it has adopted an Action Plan, 2019–26 to combat child labour. The objectives of this Action Plan include: (i) to prevent child labour and protect children; (ii) to ensure social protection to children who end up in the labour market; (iii) to ensure that the monitoring bodies are better able to intervene in cases of child labour; (iv) to increase vocational training; (v) to undertake a study on child labour; and (vi) to adopt a national policy against child labour. The Committee also notes the Government’s information in its report that, in cooperation with UNICEF, it is implementing a project for the care and rehabilitation of vulnerable children affected by the conflict as well as a national child protection plan, which contain social protection measures for children. It also notes the Government’s information that an estimated 9,941 vulnerable children have benefited from the care and rehabilitation project. Moreover, a National Protection Committee, chaired by the Minister of Social Affairs and Labour and comprising representatives from various governmental bodies and relevant international organizations, has been established. The National Protection Committee provides an effective forum for discussion and exchange of views in order to stimulate cooperation in the fields of social protection, including child protection.
The Committee notes the Government’s statement that the consequences of the conflict have extended to child labour. It also notes the Government’s reference to the UNICEF report, which states that the worsening economic situation and loss of source of income by many families has resulted in around 2 million children dropping out of school to enter the labour market. It is anticipated that the crisis will have the effect of increasing the scale of child labour and an estimated between 1–3 three million children will have no social protection and will be vulnerable to numerous forms of exploitation. In this regard, the Committee notes from the UNICEF Humanitarian Situation Report of Yemen of June 2019 that an estimated 12.3 million children are in need of humanitarian assistance in the country. While acknowledging the difficult situation prevailing in the country, the Committee must express its deep concern at the situation of children in the country wherein a high number of children are involved in child labour and who are vulnerable to such exploitation. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict in the country, the Committee urges the Government to intensify its efforts to improve the situation of children in Yemen and to protect and prevent them from child labour. It requests the Government to provide information on the measures taken in this regard, including the measures taken within the framework of the Action Plan 2019–26, and the results achieved. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.
Article 6. Minimum age for admission to apprenticeship. In its previous comments, the Committee expressed the firm hope that the draft Labour Code which contains provisions setting a minimum age of 14 years for apprenticeship and the Ministerial Order No. 11 which would be amended to set a minimum age of 14 years for apprenticeship, would be adopted soon.
The Committee notes from the Government’s report that the draft Labour Code and the Ministerial Order No. 11 has not been adopted. The Committee therefore requests the Government to take the necessary measures to ensure that the provisions under the draft Labour Code and the Ministerial Order No. 11, which establish a minimum age of 14 years for apprenticeship, will be adopted without delay. It requests the Government to provide information on any progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C156 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.
Article 1 of the Convention. Definitions. The Committee previously asked the Government to indicate how the provisions of Law No. 39 of 2008 (which aims at providing social welfare to categories of people whose health, physical condition or age does not enable them to be independent) assist workers to balance work with their responsibilities, for immediate family members in need of their care or support, and to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991 related to social insurance. The Committee notes the Government’s indication that, the Social Welfare Code contains legal provisions that provide social welfare to people classified as poor, but owing to the war and the withdrawal of donors, many of the Social Welfare Fund’s activities, including the provision of monetary assistance, have been suspended. However, a year ago, the Government resumed them in collaboration with the World Bank, UNICEF and local partners. The Committee asks the Government to indicate the provisions of the Social Welfare Code which aim to provide assistance to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity.
Article 2. Coverage of categories of workers and branches of activity. Considering that, more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asked the Government in its previous comment, to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers who are excluded from the scope of the Labour Code. The Committee notes the Government’s indication that the new draft Law on Social Security covers agricultural workers, but that it has not been approved in the House of Representatives because of the war and its impact. The Committee asks the Government to provide information on the adoption of any legislation which will promote the application of the Convention in the agricultural sector.
Article 3. National policy. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to provide information on any measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities, including through the new Labour Code. In addition, it asks the Government whether the National Strategy for Women’s Employment (2001–11) has been updated and to provide information on the impact of its application.
Articles 4 and 5. Measures to facilitate and promote access to employment for workers with family responsibilities, and to make the workplace more responsive to the needs of workers with family responsibilities. In the absence of information in the Government’s report on these points, the Committee asks the Government to provide information on any measures adopted: (i) to promote the employment and re-employment of workers with family responsibilities; and (ii) to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities, such as measures to develop or promote community services, either public or private (for instance childcare and family services and facilities).
Article 6. Information, education and research. Referring to its previous comments, the Committee once again requests the Government to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.
Article 8. Termination of employment. In the absence of any information on the subject, the Committee reiterates its request to the Government to include in the new Labour Code a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities.
Article 11. Role of employers’ and workers’ organizations. The Committee notes the Government’s indication that the activities of the Labour Council has stopped due to the political crisis and the ongoing war and confirmation that it will make significant efforts to re-activate the Labour Council once the situation stabilizes. While taking note of this information, the Committee asks the Government to provide information on the activities of the Labour Council, once operational, and meanwhile, to indicate the activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3 and 6 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children and programmes of action. The Committee previously noted that according to section 26 of Ministerial Order No. 11 of 2013 (Ministerial Order No. 11), any person who buys, sells or disposes of a child under the age of 18 years for exploitation shall be sentenced to imprisonment for a minimum period of ten years and for a maximum period of 15 years. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of February 2014, expressed serious concern that Yemen is a source country for children trafficked to neighbouring countries, in particular Saudi Arabia. The CRC further expressed concern at the cases of trafficking of girls for the purpose of sexual exploitation under the guise of so called “tourism marriages” or “temporary marriages” as well as for the purposes of prostitution in hotels and clubs within the country (CRC/C/YEM/CO/4, paragraph 81). Furthermore, the Committee notes from a report of the United Nations Office on Drugs and Crime of July 2018 that, in Yemen, children are usually trafficked to the Gulf States as well as from rural to urban areas for the purposes of forced labour or sexual exploitation. The Committee urged the Government to take the necessary measures to combat trafficking in children, and to ensure that thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children and that sufficiently effective and dissuasive sanctions are imposed.
The Committee notes the Government’s information in its report that the activities of the National Technical Committee to combat trafficking of children and stepping up of security and surveillance measures in border areas have helped in narrowing the scope of trafficking of children, particularly cross-border infiltration from Yemen to Saudi Arabia. The Government further indicates that the Ministry of Interior has foiled many cases of trafficking of children, and has arrested those suspected of trafficking of persons at points of entry by land, sea and air and referred them to the judiciary. The Committee requests the Government to provide information on the number of cases of trafficking of children dealt by the Ministry of Interior as well as the number of perpetrators arrested and brought to justice. It also requests the Government to provide information on the practical application of section 26 of Ministerial Order No. 11 indicating the number of investigations, prosecutions, convictions and penal sanctions applied for the offences related to the trafficking of children. It further requests the Government to provide detailed information on the activities undertaken by the National Technical Committee to combat trafficking of children in preventing and combating trafficking of children and the results achieved.
Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Conference Committee in 2014 noted with serious concern the high number of children engaged in child labour in the country, the majority of whom were employed in hazardous occupations, including agriculture, the fishing industry, mining and construction. The Conference Committee requested the Government to strengthen the capacity and expand the reach of the labour inspectorate in enforcing Ministerial Order No. 11 on hazardous work prohibited to children under the age of 18 years, including in rural areas. In this regard, the Committee noted the Government’s indication that no convictions or penalties were issued against persons found in violation of the Order due to the prevailing political situation in the country and that the provisions of Ministerial Order No. 11 had not yet been put into effect since the child labour monitoring unit was encountering difficulties in carrying out its tasks due to security reasons as well as a lack of financial resources and qualified personnel. It further noted the Government’s statement, in its report under the Labour Inspection Convention, 1947 (No. 81), that financial resources were limited due to the impact of the war and that the Government was facing a difficult economic situation. The Committee urged the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention.
The Committee notes the Government’s statement that it has taken measures to strengthen the capacities of labour inspectors and carry out inspection visits, even in the unregulated sector. However, these efforts have been stopped due to the current war. While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist. It once again urges the Government to take the necessary measures to put into effect Ministerial Order No. 11 of 2013, without delay and to ensure that persons who infringe the provisions of this Ministerial Order are prosecuted and that sufficiently effective and dissuasive sanctions are applied. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Article 6. Programmes of action. Trafficking. In its previous comments, the Committee noted the establishment of a National Technical Committee for Combating Human Trafficking. It requested the Government to provide information on the activities of this National Committee in preventing and combating trafficking of children and the results achieved.
The Committee notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), concerning the responsibilities of the National Technical Committee for Combating Human Trafficking. The Committee also notes the Government’s information that it has formulated a plan of action to combat trafficking of children which focusses on reviewing legislation to ensure the criminalization of those involved in the trafficking of children; developing measures to ensure care and compensation to child victims of trafficking; strengthening the investigation and judicial follow-up of cases involving trafficking of children; and implementing awareness-raising programmes in regions where children are vulnerable to trafficking. However, the Committee notes the Government’s indication that the implementation of this action plan has been hindered due to war. The Committee requests the Government to take the necessary measures to ensure the effective implementation of the action plan to combat trafficking of children. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Trafficking. In its previous comments, the Committee noted the information from a report from the International Organization for Migration (IOM) that approximately 13 per cent of the cases of trafficking identified by the IOM in 2015 were children. Among the victims of trafficking for sexual exploitation, nearly one in five were children, and among the victims trafficked for labour, 4 per cent were children. This report further indicated that the IOM has offered its support to the Government in areas including victim protection and prevention activities focusing on child exploitation and capacity-building. The Committee requested the Government to provide information on the measures taken to prevent children from becoming victims of trafficking and to remove them from this worst form of child labour, as well as the specific measures taken with support from the IOM.
The Committee notes the Government’s information that in collaboration with the Aden Office of the IOM, the Government implemented a four-day training course on guidelines for the care and protection of victims of trafficking. This training was provided to 30 employees of the Coastguard Authority, Department of Public Security and Office of Health and Population in the governorates of Aden and Lahij. The Committee requests the Government to continue to provide information on the effective and time-bound measures taken to prevent children from becoming victims of trafficking and to remove them from the worst form of child labour. It also requests the Government to provide information on the specific measures taken for the rehabilitation and social integration of these children, and to supply information on the number of victims of trafficking under the age of 18 who have been identified and have received rehabilitative assistance, shelter and other services.
Clause (d). Identify and reach out to children at special risk. Internally displaced and migrant children. The Committee previously noted from the UNICEF report entitled Falling through the Cracks: The Children of Yemen, March 2017, that there are an estimated 1.6 million internally displaced children and returnees in Yemen. It also noted from a report of the IOM that in 2016, an estimated 107,000 migrants and refugees, including children, came from the Horn of Africa to Yemen, despite wide-scale conflict. The report further indicates that many of the victims of trafficking identified by the IOM in 2016, were child migrants. The Committee urged the Government to take effective and time-bound measures to protect these children from the worst forms of child labour.
The Committee notes the Government’s information that the continuing flow of migrants and asylum seekers from the Horn of Africa, including children, is a major challenge for the Government which has social and economic implications and leads to exploitation, including trafficking of persons. Considering that internally displaced and migrant children are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour, and to provide information on the measures taken in this regard and on the results achieved.

C182 - Observation (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.
The Committee notes the observations of the International Organisation of Employers (IOE), and the International Trade Union Confederation (ITUC) received on 29 August and 1 September 2019, respectively. It also notes the Government’s report and the detailed discussion which took place at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application by Yemen of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Compulsory recruitment of children for armed conflict. In its previous comments, the Committee noted the Government’s information that in 2012, a Presidential Decree prohibiting the recruitment of children in the armed forces was adopted. It also noted the Government’s statement that the action plan to put an end to the recruitment and use of children by the armed forces, which was concluded in 2014 with the Special Representative of the United Nations Secretary-General for Children and Armed Conflict, was hindered due to the worsening of the armed conflict since 2015. The Committee further noted from the UNICEF report entitled Falling through Cracks: The Children of Yemen, March 2017 that at least 1,572 boys were recruited and used in the conflict, 1,546 children were killed and 2,458 children were maimed. Moreover, the Report of the Ministry of Human Rights, 2018, reported an increasing number of conscripted children, about 15,000, by the Houthi militias and their methods of mobilizing these children to fight on front lines. According to the report, children recruited by this group were forced to use psychotropic substances and drugs and had been used to penetrate the Saudi borders. They were also trained to use heavy weapons, to lay landmines and explosives and were used as human shields. The Committee deeply deplored the use of children in armed conflict and strongly urged the Government to take the necessary measures to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and groups.
The Committee notes the observations of the IOE that the situation of children in Yemen is of concern, due to the involvement and recruitment of children in armed conflict. The Committee also notes that the ITUC, in its observations, states that due to the intensification of the conflict in 2015, the action plan developed in 2014 and the 2012 Presidential Decree banning child recruitment in armed conflict remain moot.
The Committee notes that the Conference Committee, in its conclusions, urged the Government to implement the action plan of 2014 to end the recruitment of children by armed forces.
The Committee notes the Government’s information in its report that it is in the process of concluding an agreement with the ILO Regional Office for Arab States in Beirut to implement a two-year project designed to prevent the recruitment and exploitation of children in armed conflict. This project will target 300 children in the three governorates of Sanaa, Lahij and Hajjah. The Committee notes, however, from the Report of the UN Secretary-General on Children and Armed Conflict, June 2019 (A/73/907-S/2019/509) that in 2018, the United Nations verified the recruitment and use of 370 children with the majority recruitment attributed to Houthis (170) and Yemeni Government forces (111). Of the total number, at least 50 per cent of the children were below 15 years and 37 per cent of them were used in active combat. For the first time the United Nations verified the recruitment and use of 16 girls between the ages of 15 and 17 by the Houthis. It also notes that the Secretary-General expressed concern at the violations against children committed by the armed groups, particularly the persistently high levels of recruitment and use, maiming and killing and denial of humanitarian access to children. The Committee further notes from the Report of the Secretary-General that a road map was endorsed by the Government in 2018 to expedite the implementation of the 2014 action plan to end and prevent the recruitment and use of children and to call for the immediate release of all children from its ranks. While noting some of the measures taken by the Government, the Committee must express its deep concern at the continued use and recruitment of children by armed groups and forces and at the current situation of children affected by armed conflict in Yemen, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee once again strongly urges the Government to continue to take measures, using all available means, to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and groups, including through the effective implementation of the national action plan to put an end to the recruitment and use of children in armed conflict, 2014. It also urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted from the UNESCO Institute for Statistics, that the net school enrolment rates in Yemen was low with 76 per cent (82 per cent boys and 69 per cent girls) in primary education and 40 per cent (48 per cent boys and 31 per cent girls) in secondary education. It also noted from the UNICEF Yemen Situation report that according to the findings of the Out-of-School Children Survey conducted by UNICEF in Al Dhale governorate, 78 per cent of the 4,553 children who dropped out of school were girls. The Committee accordingly urged the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, especially girls, by increasing the school enrolment rates at the primary and secondary levels and by decreasing their drop-out rates.
The Committee notes the observations made by the IOE that the widespread conflict and the risk of attacks on schools as well as the recruitment or abduction of children for combat purposes all play a significant role in separating children from their right to a basic education free from interference or harm. The Committee notes that the Conference Committee, in its conclusions, urged the Government to take all necessary measures to ensure equal access to free basic education for all children of school age.
The Committee notes the Government’s reference to various sector-based strategies formulated to develop education in order to meet its obligations under the 2000 Dakar Framework for Action of Education for All and Millennium Development Goals. The Committee notes, however, that except for the Strategic Vision 2025, all the strategies indicated have been outdated. The Government also states that measures to implement strategies to develop education are under way. The Committee notes the Government’s statement in its report under the Minimum Age Convention, 1973 (No. 138), that as a result of the various measures taken by the Government, the school enrolment rates at primary and secondary level have increased substantially. Moreover, measures have been taken to repair damaged schools in liberated areas and to provide the necessary means to ensure continuity of education. In this regard, the Committee notes from the UNICEF Humanitarian Situation Report of Yemen that during the first half of 2019, UNICEF’s Education Programme have supported the construction of 97 semi-permanent classrooms in 33 schools which provide alternative learning opportunities to 18,159 internally displaced children; completed the rehabilitation of 13 affected schools; provided 21,891 new student desks in 500 schools; and provided school bags and other essential materials to 15,251 children to support and encourage access and reduce economic barriers to schooling. However, the Committee notes from the UNICEF report of March 2018, that since the escalation of conflict in 2015, more than 2,500 schools are out of use with two thirds damaged by attacks, 27 per cent closed and 7 per cent used for military purposes or as shelters for displaced people. Furthermore, the Committee notes the Government’s admission that many problems prevent the Government from carrying out its educational development policies, such as the population dispersal, the difficult economic and social circumstances, the prevalence of certain customs and traditions, including the early marriage of girls, high levels of vulnerability, poverty and the ongoing war in the country. The Committee notes from the UNICEF report of March 2019 that out of seven million school-aged children, over two million children are already out of school. While noting the measures taken by the Government, the Committee must once again express its deep concern at the large number of children who are deprived of access to education because of the climate of insecurity prevailing in the country. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee once again urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, especially girls, by increasing the school enrolment and attendance rates at the primary and secondary levels and by decreasing their drop-out rates. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.
Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Children in armed conflict. In its previous comments, the Committee noted from the Report of the Ministry of Human Rights, 2018, that workshops and civil society campaigns on the rehabilitation of children withdrawn from armed conflict were carried out and rehabilitation centres were opened for such children. Hundreds of children recruited by militias were released and provided with medical care. This report further indicated that the Government of Yemen, in cooperation with the Arab Coalition and the International Committee of the Red Cross and UNICEF, received 89 children who were recruited by the Houthi militia and deployed along the borders, out of which 39 children were rehabilitated and returned to their families. The Committee urged the Government to continue to take effective and time-bound measures to ensure that children removed from armed groups and forces receive adequate assistance for their rehabilitation and social integration.
The Committee notes that in its conclusions, the Conference Committee urged the Government to provide information and statistics on the number of children engaged in armed conflict, the number of those liberated and provided with rehabilitation and reintegration services.
The Committee notes the Government’s information that at present there are no data and information on the number of children released from military camps and rehabilitated and reintegrated in the community. However, the Government indicates that a database on affected children and the services provided to them will be launched in cooperation with UNICEF. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure the establishment of the database relating to the number of children withdrawn from armed conflict, rehabilitated and reintegrated to the community. It requests the Government to provide information on any progress made in this regard as well as on the information on the number of children who have been withdrawn and rehabilitated. The Committee further requests the Government to provide information on the effective and time-bound measures taken to remove children from armed groups and forces and to provide adequate assistance for their rehabilitation and social integration, including reintegration into the school system, vocational training, or alternative learning opportunities wherever possible and appropriate.
2. Abandoned and street children. The Committee notes that the Government representative of Yemen, during the discussion at the Conference Committee, stated that the country faces several challenges and one of those being the increasing number of abandoned children and children begging. The Committee urges the Government to take effective and time-bound measures to protect abandoned children and child beggars from being engaged in the worst forms of child labour and to provide them with the appropriate assistance and services for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
The Committee is raising other matters in a request addressed directly to the Government.
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