Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Yemen (Ratification: 1976)

Individual Case (CAS) - Discussion: 2026, Publication: 114th ILC session (2026)

Discussion by the Committee

Chairperson – We will now begin the examination of the first case today, which relates to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by Yemen. For the discussion of this case, we have 14 speakers on the list of speakers.

I invite the Government representative of Yemen, the First Secretary of the Permanent Mission of the Republic of Yemen to the United Nations Office in Geneva, to take the floor.

Government representative – The Government of the Republic of Yemen reaffirms its commitment to the principles set out in the Convention, as a cornerstone of social dialogue and the promotion of decent work. We believe that the freedom of workers and employers to form and join organizations of their own choosing is the foundation of sustainable labour relations. Despite the extremely difficult security and economic challenges that Yemen has faced in recent years, we reaffirm our commitment to the principles and objectives of this Convention.

We remain open to cooperation and constructive engagement. The Government is committed to reviewing and improving the legislative framework relating to labour and trade union rights, and we continue to cooperate closely with the ILO in support of the effective implementation of international labour standards. We would also like to draw the Committee’s attention to the fact that the current Government, under the leadership of Prime Minister Dr Shaya Al-Zindani, was formed in February 2026, only four months ago. We therefore respectfully invite the Committee to take this short time frame into account and to support the new Government's efforts to advance labour reforms and strengthen compliance with international labour standards.

We extend our hand to the ILO and international partners, and welcome technical assistance and capacity-building support to help us address the observations raised and continue our reform efforts, despite the exceptional circumstances and challenges that Yemen has endured over the past decade. We firmly believe that cooperation, dialogue and partnership with the Committee will help us overcome these challenges and achieve tangible progress in the implementation of international labour standards.

Worker members – The Worker members regret the absence of accreditation for a Yemeni workers’ delegation at the Conference. This is symptomatic of the poor state of social dialogue in Yemen. The Worker members also deeply regret the repeated absence of a reply from the Government of Yemen to the comments of the Committee of Experts on the application of Convention No. 87. The Committee of Experts has been requesting the Government of Yemen to respond to its comments, which have been repeated in substance since 2012. The Worker members acknowledge the complexity of the situation in Yemen due to the presence of armed conflicts in the country. However, this situation does not justify a repeated failure for more than ten years to comply with reporting obligations.

The Worker members recall that the obligation to report on the application of the Conventions constitutes a fundamental duty of Member States, as provided for in the ILO Constitution. We therefore strongly urge the Government to comply with its obligations in the future and to provide thorough and detailed replies to the comments of the Committee of Experts.

The absence of a response with regard to this Convention is particularly problematic as it is one of the ILO’s fundamental Conventions and the Committee of Experts has reported numerous failures by Yemen to comply with its obligations under this Convention. We note with concern that the Government has ignored the repeated requests of the Committee to provide explanations regarding the reprisals suffered by workers exercising their rights to collective actions – attacks on union premises, dismissals, physical assaults and so forth. We recall that the effective exercise of the fundamental right to collective action necessarily requires that this right be exercised without fear of any form of reprisal. We therefore call on the Yemeni Government to ensure the protection of workers exercising their right to collective action.

The Convention provides for the right of every worker to join an organization of their own choosing. For years the Committee of Experts has been requesting the Yemeni Government to clarify whether senior public officials also enjoy the right to join an organization of their own choosing, given their exclusion under Law on Trade Unions of 2002. We recall the importance of ensuring that every worker, regardless of their function or the sector in which they are employed, including public sector workers and those holding senior positions in the hierarchy, enjoys the right enshrined in the Convention.

The Government of Yemen has been working on a draft Labour Code in coordination with the ILO for several years. The Committee of Experts has for several years issued a number of requests to amend this draft, in particular with a view to ensuring that minors aged 16 to 18 may also join a workers’ organization without parental authorization. We wish to recall that Convention No. 87 provides for no exceptions relating to the age of the worker. Young workers are particularly vulnerable to abuse, making the protection afforded by a trade union especially necessary in their case.

The same reasoning applies to domestic workers who, like the magistracy or diplomatic corps, are not included within the scope of the draft Labour Code. Domestic workers constitute a particularly vulnerable category of workers. They are very often women, sometimes with a migratory background. They can easily find themselves in situations of abuse or violations at the hands of their employer, without access to judicial remedies. Support and assistance from a trade union are therefore crucial to ensuring that the rights of these workers are effectively upheld. It is therefore essential that the Yemeni legislation explicitly provides that these workers benefit from the rights contained in Convention No. 87.

The Convention also enshrines the right of workers to join an organization of their own choosing. As noted by the Committee of Experts, the current version of the Law on Trade Unions makes explicit reference to the General Federation of Trade Unions of Yemen (GFTUY), thus restricting the possibility for workers to join another organization. We recall that the plurality of organizations and the possibility for all workers to establish such organizations constitutes an essential condition for ensuring the representation of all workers’ interests. We therefore support the Committee of Experts’ repeated request to amend the Law on Trade Unions and to delete the specific reference to the GFTUY.

The Committee of Experts also notes that both the Law on Trade Unions and the draft Labour Code contain provisions that may be inconsistent with the Convention with regard to the right of workers’ organizations to organize their activities. This right implies that organizations should not require authorization from a higher level organization in order to organize activities, as it is provided for in the Yemeni Law on Trade Unions. It also implies that the trade union must be able to determine freely the modalities of its collective actions. We therefore invite the Government, as requested by the Committee of Experts, to take the necessary measures to guarantee the effective rights of workers’ organizations to organize their activity and to amend the Labour Law on Trade Unions and the draft Labour Code accordingly.

In its latest replies to the observations of the Committee of Experts, the Yemeni Government refers to the situation in the country to justify a number of delays in bringing its legislation into conformity with the Conventions. We recognize that the humanitarian situation in Yemen is dramatic and we express our full support for the Yemeni population and for the workers who have for years been affected by endemic violence, economic collapse and climate-related shocks.

We wish here to refer to this year’s General Survey on the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which may be particularly relevant to the situation in Yemen. Yemen may be considered in a situation of interlocking crisis. In these crises, the humanitarian response to meet the essential needs of the population is, of course, of paramount importance. However, Recommendation No. 205 and the General Survey remind us that an effective resolution to a crisis requires a phased and multi-tracked approach in order to move towards sustainable peace and recovery.

The Committee of Experts reminds us in the General Survey that freedom of association and the right to collective bargaining not only remain applicable in times of crisis but also play a vital role in promoting decent work and building resilient societies. The Committee further emphasizes that the Convention does not contain any provision permitting derogation from the obligations arising therein or any suspension of their application based on a plea that an emergency exists.

The Worker members therefore urge the Government of Yemen to reply to the observations of the Committee of Experts and to take concrete and time-bound measures to ensure full compliance with the Convention both in law and in practice.

Employer members – Let me begin by saying that we do not wish to minimize the ongoing security and economic complexities in Yemen with our comments today, but we believe it is important to further highlight these issues with the sincere aim of achieving some measure of progress.

The Employer members note that Yemen was included this year in the list of countries that have failed to provide information in response to the comments of the Committee of Experts and have not submitted reports on the application of ratified Conventions for two or more consecutive years. In this regard, we wish to reiterate the importance of full compliance with reporting obligations under article 22 of the ILO Constitution, including the obligation to prepare reports and consultation with the most representative employers’ and workers’ organizations. Complete, accurate and timely reporting remains an essential element of the ILO supervisory system and is essential to enable effective supervision of the application of ratified Conventions and meaningful dialogue among governments and the social partners.

Furthermore, the Employer members take note of the recent International Court of Justice advisory opinion, which is of an advisory nature. The Employer members respectfully acknowledge this advisory opinion, which does not entail any determination on the precise content, scope or conditions for the exercise of the right to strike. We maintain our view that the scope and conditions of this right are regulated at the national level. At the upcoming November session, the Governing Body will have an opportunity to carefully consider the opinion and its follow-up actions with full respect for differing perspectives and for the diversity of national legal and industrial relations systems. In light of this, the Employer members will not address the Committee of Experts’ comments regarding the right to strike in addressing the case of Yemen.

Convention No. 87, as we all know, is a fundamental Convention. Yemen ratified the Convention some 50 years ago in 1976. This particular case touches on several Articles within the Convention: Articles 2, 3 8 and 9. This case was discussed in this Committee in 1991 and then again in 1993. Since 1989, there have been 23 observations issued by the Committee of Experts, including eight repetitions. The latest of these observations occurred in 2018, 2022, 2023, 2024 and 2025. The Committee of Experts’ most recent observations largely repeat concerns that have remained unresolved for a considerable period of time and which continue to relate primarily to legislative issues and the absence of updated information from the Government.

With regard to section 4 of the Law on Trade Unions, the Committee of Experts has noted its concern with the exclusion of employees of certain high-level public authorities and the Cabinets of Ministers and has asked the Government to clarify whether senior public officials also have the right to establish and join organizations of their own choosing. The Committee of Experts also requested the Government to take measures to help ensure that workers and their organizations are free to establish and join a federation of their own choosing, consistent with Article 2 of Convention No. 87. The Committee of Experts further requested that the Government ensure full compliance with Convention No. 87 and that the Government consider the following in its draft Labour Code: (i) to indicate all legislative provisions that grant domestic workers, members of the judiciary and diplomatic and consular staff the right to establish and join workers’ organizations of their own choosing and without previous authorization; and (ii) to revise section 173(2) of the draft Labour Code, so as to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization.

To be clear, the Employer members wish to stress their deep commitment towards the expression of the Convention in both law and practice. Our sincere hope is that these proceedings can facilitate meaningful development in Yemen on these critical issues. With that in mind, the Employer members wish to note that: (i) violence or coercion of any kind that inhibits workers’ and employers’ groups from expressing their rights and freedoms under Convention No. 87 cannot be tolerated; (ii) any law or practice that establishes a single and exclusionary trade union infringes on a cornerstone freedom under the Convention – that workers and employers’ groups be independent and thus sufficiently free to respond to the needs of their members within Convention No. 87’s strictures. We take the Yemeni Government’s position that other workers’ groups exist beyond the GFTUY, but share the Committee of Experts’ concerns that the Law on Trade Unions may be read to discourage free and independent workers’ groups. We wish to obtain more details on this issue to more fully consider the Committee’s comments and to better define our own position on this issue.

Article 9(1) of the Convention expresses clear instructions that individuals working with the police or armed forces shall have guarantees within the Convention determined by national laws and regulations. It would appear that section 4 of the Law on Trade Unions and certain other provisions of the draft Labour Code might infringe upon the rights and freedoms of individuals working outside of the police or armed forces. The Employer members would thus welcome clarification as to whether employees of high-level public authorities and Cabinets of Ministers enjoy the right to establish and join organizations of their own choosing.

Although we note with due consideration the Committee of Experts’ ongoing concerns about parental consent for minors to join certain trade unions and although we can understand how this might inhibit certain rights and freedoms within Convention No. 87, we would like to better understand the Government’s position on section 173(2) of the draft Labour Code and why certain minors cannot join certain workers’ groups without parental consent. There may be a legitimate basis for this regulation, or at least more nuance to this issue, which the Employer members would appreciate the opportunity to more fully consider.

Again, we shall not minimize the fact that Yemen continues to experience a complex series of political, institutional and security difficulties. Nor shall we minimize the fact that these difficulties can make the allegations reported here more difficult to respond to, and even harder to investigate and then remediate, as applicable. Yet we can and must do more and the Employers’ group prevails upon the Yemeni Government to take the following steps: to meaningfully and finally respond to the Committee’s concerns and collaborate with this Committee, the ILO and civil society. The Employer members thus encourage the Government to respond to the long-standing comments of the Committee of Experts, submit the overdue reports and avail itself of the technical assistance of the Office. We call on the Yemeni Government to come to this process with humility and transparency and with its good-faith efforts to achieve progress.

We look forward to hearing the views of other groups on this case.

Interpretation from Arabic: Government member, Libya speaking on behalf of the Arab group – We wish to begin by paying tribute to all the efforts made by the Government of Yemen. Yemen is living through a period of very difficult circumstances, and we commend what has been done. We also appreciate the presence of the Government here with us and we fully understand the difficulties that that Government is grappling with as a result of the current political, social and humanitarian situation in Yemen. It is a difficult obstacle to overcome when it comes to compliance with international standards, but the Government is certainly making efforts. We also commend its actions to strengthen national institutions, extend social protection and take all necessary steps despite the obstacles it is facing at present. The Government is ready to provide reports, which reflects a genuine commitment to cooperate with the ILO.

The Arab group also wishes to state that we recognize the importance of the technical assistance being provided. This is vital to enable Yemen to further improve its cooperation with the ILO, which would be a step forward in terms of promoting all international labour standards. The Arab group wishes to conclude by reiterating its solidarity with Yemen and stands ready to provide support. We call upon the ILO to provide assistance to Yemen and to all countries living through difficult circumstances in order to ensure that everyone can enjoy a dignified life and decent work.

Worker member, Spain – As we discuss legal obligations in this forum, the Yemeni working class continues to face a daily reality marked by economic difficulties, insecurity, displacement and uncertainty.

For many Yemeni workers, freedom of association is not an abstract principle. It is often the only mechanism available to them to defend their interests, seek support and have their voices heard. Years of conflict in Yemen have weakened the institutions and affected many aspects of social and economic life. Under these circumstances, the working class’s capacity to freely organize takes on even greater importance.

Convention No. 87 recognizes that, as workers, we have the right to establish and join organizations of our own choosing, and to collectively defend our interests. These rights are fundamental and remain applicable irrespective of the political or economic conditions. When we cannot organize freely, we lose an essential means of addressing concerns about work, engaging in dialogue and contributing to the search for solutions.

Strong and independent trade union organizations are especially important in times of crisis, as they provide a channel through which workers can express their concerns and participate in recovery efforts. The situation in Yemen shows us why freedom of association cannot be made a secondary issue.

It is directly related to human dignity, participation and social stability. For this reason, we need to send a clear message: workers’ rights cannot be postponed until improvements are made in the country. On the contrary, respect for these rights is part of the solution. Workers in Yemen need more than promises: they need to be able to organize freely and collectively defend their interests. We therefore urge the Government to guarantee freedom of association in both law and practice.

Worker member, Kingdom of the Netherlands – This case raises a question that goes to the heart of the ILO, regarding who speaks on behalf of workers. The answer should be simple: workers must be represented by representatives chosen by the workers themselves. The strength of the ILO lies in its tripartite structure. Governments represent governments, employers represent employers and workers represent workers. This balance is what gives legitimacy and credibility to the Organization’s work. Convention No. 87 protects not only the right of workers to establish organizations but also the principle that these organizations must be able to function independently and represent workers without interference. When workers are not able to speak through their own representatives, tripartism becomes weakened.

Genuine social dialogue depends upon the existence of independent workers’ organizations capable of expressing workers’ views freely. This issue is particularly important in Yemen where workers face profound economic and social challenges. Their voices should not be marginalized precisely when they are needed most.

The Government should know that workers’ representation must be independent and genuine. Workers must be able to participate through representatives who enjoy their confidence and who can defend their interests freely. The voice of workers must never be replaced, substituted or spoken for by others. We urge the Government to ensure genuine and independent workers’ representation in all tripartite processes.

Interpretation from Arabic: Worker member, State of Palestine – As far as Yemeni workers are concerned, the discussion on Convention No. 87 is not about legal theory. It is about whether they can exercise their rights in practice. Workers have been given several assurances and commitments. They have had heard declarations of support for labour rights and freedom of association. Yet many continue to face significant impediments to organizing freely and participating through independent organizations. The reality on the ground is that rights only have meaning when they can be exercised effectively. Ratifying the Convention does not mean its implementation is guaranteed. It is implemented when workers can organize without obstacles or impediments, choose their representatives freely and participate in collective life without fear of pressure or interference. That is why implementation is what matters to us. Yemeni workers need more than assurances. They need tangible progress. They need confidence that their organizations work freely and that their voices are heard.

Freedom of association is one of the foundations and a cornerstone of decent work. It allows workers to address grievances collectively, defend their interests and participate in shaping workplace policies. Without it, workers become increasingly vulnerable, excluded and unable to participate in decisions that affect their livelihoods. The challenges currently faced by Yemen make these rights even more important. Economic hardship, instability and social pressures require stronger – not weaker – mechanisms for workers’ participation. Independent workers’ organizations can contribute to stability, dialogue and solutions that can help to address tensions and provide a channel through which workers’ concerns can be raised in a constructive way. What workers need now is not another round of discussions but practical measures that will improve their ability to organize and participate freely.

The credibility of labour rights cannot be based on commitments alone but on real action. In spite of all previous discussions in the Committee of Experts, workers in Yemen have not experienced any change in the exercise of their rights in accordance with Convention No. 87. Workers in Yemen deserve a change that will have an impact on their daily life. We urge the Government to fulfil its commitment to take measures within a set time frame, in accordance with the Convention.

Worker member, Morocco – The situation in Yemen must not be considered a simple case of technical non-compliance with the Convention. It involves workers living against a backdrop of conflict, economic difficulties, institutional fragmentation and profound social difficulties. No one disputes that Yemen is facing exceptional circumstances. Workers have endured years of instability, a deteriorating quality of life, insecurity, population displacement and growing economic uncertainty. Many continue to fight to meet their needs and those of their families.

However, it is precisely in such circumstances that freedom of association becomes overwhelmingly important. All too often, conflict is used as a reason why rights cannot be fully respected. However, fundamental rights do not disappear in times of crisis. Convention No. 87 does not apply only when conditions permit. It exists to protect workers when they are most vulnerable and most in need of collective representation.

When institutions are undermined, workers need independent organizations that can defend their interests. When the economic pressure intensifies, they need a collective voice to have their concerns heard and demand solutions. When daily life is dominated by uncertainty, they need representative organizations in which they trust and which can speak on their behalf. Hence why independent trade unions remain essential in Yemen today. Freedom of association must not be considered a future objective to be postponed until stability is restored. It is part of the process towards achieving this stability. Workers who can organize freely are better placed to participate in dialogue, contribute to social cohesion and help to overcome the challenges that affect their communities and workplaces.

Union rights are not an obstacle to recovery: they are part of the foundation. Workers of Yemen do not need fewer rights during a conflict but firmer guarantees that their rights will be observed. The war cannot be a justification for restrictions to freedom of association. The economic difficulties and institutional challenges cannot justify the weakening of workers’ organizations nor the refusal to give workers an independent voice. We urge the Government to guarantee full respect of freedom of association and to ensure that the rights protected by Convention No. 87 are respected in law and in practice.

Worker member, Togo – When we discuss the future of Yemen, the focus often falls on economic recovery, reconstruction and the restoration of institutions. While these are important goals, sustainable recovery requires more than the rebuilding of infrastructure. It also requires that trust, participation and dialogue be restored.

Workers have a crucial role to play in Yemen’s future. They are the ones who ensure the continuity of services, support their families, sustain local communities and contribute to economic activity under extremely difficult circumstances. Their experience, knowledge and perspectives should therefore be an integral part of any discussion about the country’s future.

Freedom of association helps to make this possible. It allows workers to organize collectively, express their concerns and participate in decisions that affect their lives and livelihoods. Independent workers’ organizations can also contribute to social stability. They offer spaces for dialogue and help to ensure that concerns related to work or society are dealt with through discussion rather than conflict. This is particularly important in countries facing ongoing instability. Recovery is more sustainable when workers are involved in the process and their organizations are recognized as legitimate social and economic development partners. Workers are not merely the beneficiaries of recovery efforts. They are stakeholders, in their own right, in the rebuilding of their country. Their contribution is strengthened when they can organize freely and participate through representative organizations.

Yemen’s future must therefore be founded on inclusion, participation and respect for fundamental rights. Workers must be able to play their role fully in building this future. Guaranteeing freedom of association does not only imply protecting a right. It also means creating the conditions to enable workers to contribute to the rebuilding of their communities and to the strengthening of social cohesion.

There can be no enduring recovery without rights, dialogue and participation. We urge the Government to rebuild social dialogue and to guarantee workers’ participation in shaping the future of Yemen.

Worker member, Denmark – I speak on behalf of the Nordic Trade Unions. Independent trade unions play a vital role in every society. They allow workers to organize collectively, defend their interests and contribute to social and economic progress. Convention No. 87 recognizes that workers’ organizations must be free to govern themselves, determine their priorities, elect their representatives and carry out their activities independently.

This principle is essential because the effectiveness of a trade union depends upon its independence. Workers must have confidence that their organizations represent their interests and are accountable to their members. In Yemen, this issue is particularly important. Workers face difficult economic and social conditions and need organizations that can represent them effectively. Independent trade unions can help workers address workplace concerns, participate in dialogue and contribute to social stability.

However, trade unions can only perform this role if they are genuinely free to function independently. Interference in their activities, in their leadership or decision-making processes undermine their ability to represent workers and it weakens the confidence in collective representation. Let me remind everyone here that trade union autonomy is not a privilege. It is a fundamental element of freedom of association. Workers should be able to determine who leads their own organizations.

They should be able to decide their priorities and activities. Their organizations should be able to function without external pressure or influence. Strong and independent unions do not threaten stability. On the contrary, they help create the conditions for dialogue, for participation and for peaceful resolution of disputes. For this reason, respect for trade union autonomy remains a central component of the Convention and a key requirement for ensuring that workers can exercise their rights effectively.

Workers deserve organizations that are free to defend their interests and represent their concerns. Independent trade unions are essential for democratic workplaces and stable societies. We therefore urge the Government to respect the autonomy of workers organizations and to cease interferences in their affairs.

Interpretation from Arabic: Observer, International Trade Union Confederation (ITUC) – I greet you on behalf of the General Workers’ Federation of Trade Unions of Yemen which is presently encountering difficulties in ensuring that its rights are respected. I’m taking the floor this morning not only to talk to you about the problems that we are facing but also because I feel a sense of responsibility that weighs heavily upon our shoulders. Today the economic crisis has deteriorated in such a way that economic survival has become the priority for thousands of workers. We are talking about teachers who are not receiving their wages. We’re talking about workers who are forcibly displaced or who find themselves without decent work and having to work free of charge to serve the Government.

Workers are working in the informal sector without any type of guarantees in the event that they should injure themselves. Children are leaving their education to join the labour market. Displaced women are finding themselves forced to join the informal labour market. This is the current situation in Yemen. Social protection has been reduced and wages are also at risk. Public institutions have been weakened. There are no labour inspections taking place and the informal sector seems to be growing exponentially. There are currently hundreds of thousands of workers affected by this situation. Institutional weakening requires trade union organizations to step in, and this is a necessity today. The lack of dialogue requires worker representation.

Peace and freedom of association are part of a lasting solution. This is part and parcel of peacekeeping efforts. We call upon the ILO not to treat the case of Yemen as merely a technical matter but as a genuine crisis facing the workers of Yemen. Convention No. 87 is a fundamental Convention.

Freedom of association must be an integral part of the solution. We cannot afford to postpone rights until after the war. They are an essential part of resilience and survival for the workers of Yemen. We cannot speak about reconstruction without involving workers. We cannot talk about peace without social dialogue or social justice and workers’ rights. We cannot talk about any type of recovery without a tripartite structure in place that fully respects workers’ rights. For this reason, we call upon the ILO to pursue its efforts to collaborate with Yemen to ensure that the Government fully cooperates and respects Convention No. 87. Trade unions have fallen victim to political pressure, negatively impacting all trade union activities, as well as the recovery of workers’ rights. This is a serious violation of workers’ rights to join trade unions of their choosing.

What we are witnessing is a violation of workers’ rights, even beyond the scope of ILO standards. We must not forget that the ILO is not a governmental organization, but includes workers in a tripartite structure. That is what characterizes the ILO and this is why no government can speak on behalf of workers or on behalf of trade unions. For that, we need official forms of representation. The Government does not represent us. We need genuine representation. We must not witness any further weakening of workers’ voices and trade union activity in the country.

As for who is speaking up for the workers of Yemen today, it is not the Government and it is not the political parties. It is the trade unions who are speaking up . They are the ones who are there speaking on behalf of workers. We require legitimate representation.

Interpretation from Arabic: Government representative – I wish to thank everyone who has participated in this discussion. I have taken due note of all that has been said and all the points raised. We will immediately convey them to the Government of my country, which will consider all the requests made by those who have spoken and by this Committee.

We are going to respond to the ILO and to the Committee of Experts. We will keep you and the Committee informed as to progress relating to the points raised here today. We look forward to further cooperation between the ILO and Yemen and to technical cooperation being extended. We would ask you to take into account the fact that the Government in Yemen very recently took up office in April. I hope that will be taken into consideration within the general context of the country. But I can assure you that we will convey what has been said and you will receive a response from the Government.

Employer members – The Employer members would like to thank all the speakers who have taken the floor. We also thank the Government of Yemen for the information it has provided, for its commitment to respond and for its stated openness today to obtaining the ILO’s technical assistance. That openness is critical. It is a vital step. As this group knows quite well, Convention No. 87 is a cornerstone Convention and the Employer members remain committed to assisting Yemen and this Committee in any way.

The Employer members reiterate their support for continued measures aimed at bringing law and practice into conformity with the Convention in Yemen. The Employer members thus request the Government to: (i) ensure compliance with the rights and freedoms for workers and employers groups under Convention No. 87; (ii) cooperate with the ILO and independent social partners to ensure the full application of the Convention in law and practice; and (iii) provide information on concrete measures taken in this respect, including the development and reporting on progress. We trust that the Government will implement these recommendations in a timely manner.

Worker members – The Worker members thank the Government of Yemen for the information provided and for its engagement in the discussion. We also thank the other speakers for their contributions. We acknowledge that Yemen is confronted with a highly complex situation and a multitude of overlapping crises. We reaffirm our support for international initiatives aimed at ending the war in Yemen and call on the parties to the conflict to respond positively to the call and to initiatives for dialogue, peace and a pathway out of the humanitarian emergency in the country.

We particularly hope that Recommendation No. 205 on employment and decent work for peace and resilience and the General Survey prepared by the Committee of Experts will help to guide the authorities in these times of crisis. The especially challenging circumstances Yemen is currently facing do not, however, absolve the Government from respecting the obligations arising from the fundamental Conventions. The discussions held today have enabled us to reaffirm the importance of Convention No. 87 on freedom of association. The continued silence of the Yemeni Government on the application of this Convention is particularly regrettable. We reiterate the importance of the Government’s transparency concerning the submission of its report, in response to the observations of the Committee of Experts.

We also request that the Government provide explanations regarding the reprisals faced by workers who were peacefully exercising their rights to collective action. The report of the Committee of Experts is clear that on several points the current legislation governing freedom of association in Yemen is not in conformity with Convention No. 87. The Law on Trade Unions and the draft Labour Code do not include in their scope certain categories of workers, including those particularly at risk, such as domestic workers. We recall that, with the exception of the police and armed forces, Convention No. 87 applies to all workers without distinction. We reaffirm that the restrictions on the right of workers’ organizations to organize their activities set out in the legislation currently in force in Yemen are incompatible with the Convention.

We encourage the Government to avail itself of ILO technical assistance and to continue, as needed with ILO support, the work on the draft Labour Code to bring it fully into line with the Convention. We also urge the Government to take the necessary steps to amend the Law on Trade Unions and the draft Labour Code, in line with the recommendations of the Committee of Experts.

Chairperson – This concludes the discussion of this case. I thank the Government representative of Yemen for participating in the discussion and all the speakers who took the floor.

Conclusions of the Committee

The Committee noted with deep concern that the Government’s report had not been received and called on the Government to fully comply with its reporting obligations.

The Committee took note of the oral information provided by the Government and of the discussion that followed. Taking into account the discussion, the Committee urged the Government to take effective and time-bound measures to:

• consistent with the Convention, ensure that all workers have the effective possibility to join a trade union, including public sector workers, domestic workers, members of the judiciary, diplomatic and consular staff;
• ensure that workers’ organizations are able to organize their administration and activities and to formulate their programmes in full freedom, in accordance with the Convention; and
• ensure that the current legislative reform is in conformity with the Convention.

The Committee urged the Government to avail itself of ILO technical assistance and to provide a comprehensive report on the concrete progress achieved to the Committee of Experts by 1 September 2026.

Interpretation from Arabic: Government representative– The Government of Yemen wishes to express its appreciation for the conclusions reached on the application of the Convention. We confirm our commitment to international labour standards and also to fundamental rights and freedoms, including freedom of association and the right to organize.

We wish to assure you that we have encountered enormous difficulties in recent years that have had an economic and social impact on our country and that have been very adverse indeed, in terms of the influence on institutions, that have not been able to meet their obligations, including their reporting obligations on the dates required. But we wish to assure you that despite all of that, we are committed to working with the ILO and its supervisory mechanisms. It is our view that this cooperation is a pillar of our efforts to make progress in Yemen. In the light of what has been said by the Committee, we are going to look again at the legislative and judicial framework in our country which relates to labour law and labour rights. We are going to consult with relevant social partners in order to ensure that all of our legislation is in line with international labour standards.

In doing that, however, we would ask you to bear in mind the exceptional circumstances that we are living through and the general condition of our country. We are going to continue to carry out our activities in full respect for the law and we wish to express our thanks for the technical assistance provided to us. We are going to cooperate with the Office on these relevant matters in order to build capacity in our country and ensure that we are able to be fully in line with this Convention and that we can improve the relevant legal frameworks in Yemen. We wish, in conclusion, to strongly reaffirm our commitment to working with the ILO and to taking into consideration all of the recommendations in accordance with our abilities and capacities. We can assure you that we will provide the reports and information called for by the Committee of Experts on time because we wish to continue constructive cooperation with the ILO and its supervisory bodies.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative recalled that in replying to the comments of the Committee of Experts in 1992, the Government had stated that there had been various changes and amendments following unification of the two Yemens. The Constitution of the Republic of Yemen, which was adopted by referendum following the unification, guaranteed to all citizens, without any discrimination, the right to organize trade unions freely and without any constraint. Any infringement of the Constitution, which might be found in previous legislation, would be regarded as unconstitutional and would be repealed. A draft Labour Code had been elaborated in consultation with the Confederation of Chambers of Commerce and Industry and the trade unions which tried to avoid the various defects of the old Labour Code and would be in conformity with the international Conventions ratified by Yemen. However, it had not yet been promulgated for various reasons. The new Parliament which had been elected by free democratic elections on 27 April 1993 had before it a large number of bills intended to replace former labour laws. The Government would keep the ILO informed about new developments in this area. The Government had also requested, through the Regional Adviser on International Labour Standards, technical assistance from the Office in this matter.

The Workers' members recalled that this case had been discussed in this Committee in 1985 and 1991, while in 1986 the Government had failed to appear before the Committee. Stating that this case concerned fundamental Conventions on human rights, the Workers' members expressed great concern over this long-outstanding issue, as well as their disappointment at the reply given by the Government representative. They could not accept the idea that the Government would delay action on a substantial number of points in respect of these Conventions until reformulation of the whole of the Labour Code was achieved. These were not minor points, but serious contraventions concerning questions of guaranteeing the establishment of trade unions without prior authorization, introducing the facility of trade union pluralism, lifting the ban on political activities of trade unions, non-interference of the public authorities in their financial administration, and giving foreign workers the rights to hold trade union office. The existing laws and practices in the country were not in conformity with Conventions Nos. 87 and 98. Unless there was some distinct improvement in the very near future, the Workers would be calling upon this Committee on a subsequent occasion, possibly next year, to underline this case in a special way.

The Employers' members, while fully recognizing issues relating to legislative difficulties, concurred with the Workers' members that this was indeed a serious case with a long history. In 1992 the Government had referred to the draft legislation, but it was not known whether or not this legislation remedied the fundamental problems mentioned by the Workers' members. There had never been a collective bargaining agreement in the country, as envisaged under Convention No. 98. The Employers considered it necessary for the ILO to provide some technical assistance to the Government and to examine the legislative proposals, particularly in view of the fact that the enactment of this legislation was going to take some time.

The Government representative stated that his country was most scrupulous in its respect for human rights. He reiterated that those provisions of the old Labour Code which were not in conformity with the provisions of the new Constitution were de facto null and void. Article 39 of the Constitution guaranteed the right of trade union organization, freedom of association and political rights, which would be further amplified in the new Labour Code. Before the unification of the two Yemens, these provisions had already been in effect in the southern part of the country and the Labour Code had already guaranteed all the rights of organization and the rights of workers to engage in political activity. The Treaty of Unification provided that the most favourable provisions for workers would be implemented following unification and pending the adoption of the new Constitution and the new unified Labour Code. Yemen needed time to elaborate and to implement this unified Labour Code, as well as to repeal many old laws superseded by the new Code. Technical assistance from the ILO was required in all of these legislative activities.

The Committee took note of the oral information provided by the Government representative concerning points under discussion for many years relating to Conventions Nos. 87 and 98. It noted that a draft Labour Code had been elaborated which would resolve the problems raised, and that technical assistance of the Regional Adviser on Standards had been requested. The Committee expressed its deep concern over a series of existing divergences between the current national legislation and the obligations deriving from the Conventions concerning the denial of the right to establish and join trade unions for many categories of workers, the interference of the public authorities in trade union affairs, the possibility of dissolving trade unions by administrative authority, the lack of protection against anti-union discrimination, the lack of protection against undue interference, as well as the absence of adequate provisions to encourage and promote collective bargaining. The Committee urged the Government to proceed rapidly with legislative review taking into account all the points that had been drawn to its attention. Since these matters had been the subject of concern for many years, the Committee trusted that it would be able to note concrete progress of a decisive nature, both in legislation and in practice, in the very near future. The Committee expressed its desire to review this case next year.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government representative reiterated that the Conventions ratified by both Governments prior to reunification were still in force in the Republic of Yemen. She recognised the importance of the work of the Committee of Experts and confirmed that the Government would take the necessary steps to reply to the Experts' comments as soon as the new labour legislation was adopted. In reference to the Committee of Experts' comments she stated that the Yemeni Constitution guaranteed freedom of association to all citizens. The Government considered that this freedom was a fundamental right for every citizens and would endeavour to ensure observance of these ratified Conventions. She stated that once the new labour legislation was adopted, the Government would be able to guarantee the complete respect and application of these two Conventions.

The Employers' members indicated that the Government representative's statement made it seem as if the problems in this case were not very serious and that it was only a simple matter of resolving a few legislative differences. If one carefully studied the Committee of Experts' report, however, it was clear that there were some fundamental differences between the situation in Yemen and the requirements of Conventions Nos. 87 and 98. They recalled that the last time this case was discussed was in 1985 and that, in 1986, the Government failed to appear before this Committee. The following concerns were at issue: first, the right to organise of public servants and certain agricultural workers who were excluded from the scope of the Labour Cade. Apparently, according to the Committee of Experts' latest report, the problem concerning public servants had been resolved, but the Committee had requested further information to verify the implementation in practice. As concerned agricultural workers, no legislative provisions had been adopted to date to guarantee these workers the right to organise, although the Experts pointed out that agricultural associations existed. Secondly, the need for prior authorisation for the establishment of a trade union was contrary to Article 2 of the Convention. Thirdly, the Committee of Experts' report indicated that a number of provisions of the Yemeni legislation had resulted in a situation of trade union unity, whereas trade union pluralism must be possible under Convention No. 87. The fourth issue concerned the interference by public authorities in trade union activities. The fifth point concerned the prohibition of trade unions to engage in political activities of any kind. While the Employers' members agreed with the Experts' view on this point generally, they questioned the extension of the right to engage in political activities to include political strikes. Finally, there was the issue of the power of the Council of Ministers to dissolve trade unions. Among other things, there must be the possibility for judicial review in the case of dissolution and presently this was not the case. They stated that it was clear that there were serious and fundamental problems with respect to Convention No. 87 which had gone uncorrected for too long. As concerned Convention No. 98, the problem appeared to be that Yemen had no effective laws to guarantee the protection of workers against acts of anti-union discrimination. It was interesting to note that no collective agreement had ever been concluded in Yemen. This demonstrated that there was really no operational collective bargaining system there, notwithstanding the requirements of Convention No. 98. Finally, they noted that the Experts were concerned by the requirement that collective agreements must be registered and could be unilaterally revoked by the Government if they did not conform with the security and economic interests of the country. This was clearly not in conformity with Convention No. 98. They concluded that the Government had a long way to go before it could meet its obligations under both Conventions Nos. 87 and 98.

The Workers' members considered, as the Employers' members, that this Committee was confronted with a very serious case. While it was true that the Committee of Experts hd pointed out two points on which there was improvement (public servants and the Ministerial Decree of 1986), there was nevertheless a whole series of measures which needed to be taken to resolve the other points raised by the Experts and already mentioned by the Employers' members. The Experts had very clearly indicated the points on which measures needed to be taken. This Committee should make a firm request to the Government to take action to bring the legislation into conformity with the two Conventions in question. This request must be very strong as, last year, the same comments were made in reply to the Experts' comments and this gave rise to doubt as to the actual cooperation on the part of the Government to resolve the problems. The Government must, therefore, be very firmly urged to take the necessary measures in the near future.

The Government representative recalled that the new draft labour code did not contain any exception; it applied to all workers, including those in the agricultural sector. She stated that the Constitution guaranteed freedom of association as a fundamental right, even if certain texts did not completly accord this freedom. Trade union pluralism existed and it was authorised by the Government. In regard to Convention No 98, she underlined that she did not believe that there existed any type of anti-union discrimination in her country as section 14 of the labour legislation prohibited all types of discrimination against workers. In regard to the late replies to the Committee of Experts comments, she recalled that it was due to the difficulties encountered following reunification; one million Yemeni workers returned to the country and were reintegrated into the society. Despite that, she assured this Committee that the requested information would be sent as soon as the new legislation was adopted.

The Committee noted with regret the absence of reports from the Government in reply to the comments of the Committee of Experts. It nevertheless took note of the oral information provided by the Government representative as well as of the discussion which took place in the Committee. The Committee noted that the divergence between the legislation and the Convention continued, in particular as regards the serious issues of a single trade union structure set up by legislation, the interference by the public authorities in trade union activities, restrictions on trade union action to support their claims, the administrative dissolution of trade unions and the lack of measures to protect workers from anti-union discrimination. The Committee regretted that the Government has not supplied a specific reply either to the Committee of Experts or to this Committee on those important questions. It firmly hoped that the Government would be in a position to indicate the measures which have been taken or envisaged to bring its legislation and practice into conformity with the requirements of these two essential Conventions as soon as possible and that it will report to the Committee of Experts in this regard next year.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee had previously requested the Government to provide comments on the 2012 observations made by the International Trade Union Confederation (ITUC) alleging that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicate were attacked. Noting with regret that the Government provides no reply to these observations, the Committee reiterates its previous request.

The Law on Trade Unions (2002)

Articles 2 and 5 of the Convention. The Committee had previously requested the Government to indicate whether employees of high-level public authorities and Cabinets of Ministers, excluded by virtue of its section 4 from the Law on Trade Unions (LTU) enjoy the right to establish and join trade unions. While taking due note of the Government’s indication that since 2011 union committees have been established in all ministerial offices, the Committee requests the Government to clarify if senior public officials also have the right to establish and join their own organizations.

The Committee had also requested the Government to take the necessary measures to amend sections 2, 20 and 21 of the LTU so as to repeal specific reference to the General Federation of Trade Unions of Yemen (GFTUY) and thereby to allow workers and their organizations to establish and join the federation of their own choosing. The Committee notes the Government’s reiteration that it imposes no restrictions on trade union activity and that there are many unions representing workers’ interests that do not operate within the framework of the GFTUY (for example, Trade Union of Doctors, Trade Union of Pharmacists, Trade Union of Engineers, and Lawyers’ Trade Union). Noting that the specific reference to the GFTUY remains in the legislation, and that it could result in making it impossible to establish a second federation to represent workers’ interests, the Committee once again requests that the Government take necessary measures to amend the LTU so as to delete this specific reference.

Article 3. The Committee had previously requested the Government to clarify whether section 40(b) of the LTU required an authorization from the higher level trade union for a strike to be organized, and if this was the case, to take the necessary measures to amend the legislation to bring it into conformity with the Convention. In this regard, the Committee notes the Government’s indication that by virtue of section 40(b) of the LTU there is a requirement to coordinate with the higher union body to organize a partial or general strike and that the Committee’s previous comment on this legislative issue is being considered for the amendment of the Act. The Committee trusts that the Government will take the necessary measures to amend the LTU so as to ensure the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on any development in this regard.

The draft Labour Code. The Committee recalls that in its previous comments it had expressed the hope that the draft Labour Code would be adopted in the near future and that the Government would take into account the Committee’s comments to further amend or revise some of the provisions in the draft. The Committee notes the Government’s indication that due to the armed conflict affecting the country since 2011 it has been unable to complete the amendments of the labour legislation. The Committee further notes the Government’s indication that the draft Labour Code is not applicable to domestic workers, members of the judiciary, and diplomatic and consular staff, but that their rights are guaranteed by law. Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to indicate all legislative provisions that afford domestic workers, members of the judiciary, and diplomatic and consular staff, the right to establish and join workers’ organizations of their own choosing and without previous authorization.

The Committee further notes the Government’s indication that the draft Labour Code contains no provisions denying the right of workers’ organizations to affiliate with international labour organizations. The Committee recalls that it had also requested the Government to:

• revise section 173(2) of the draft Labour Code so as to ensure that minors between the ages of 16 and 18 years may join trade unions without parental authorization;
• provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated;
• amend section 211 of the draft Labour Code which provides that strike notice must include an indication of the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the current legislative reform will bring the national legislation into full conformity with the Convention and requests the Government to indicate any developments in this regard.

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

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2025, 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 had previously requested the Government to provide comments on the 2012 observations made by the International Trade Union Confederation (ITUC) alleging that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicate were attacked. Noting with regret that the Government provides no reply to these observations, the Committee reiterates its previous request.

The Law on Trade Unions (2002)

Articles 2 and 5 of the Convention. The Committee had previously requested the Government to indicate whether employees of high-level public authorities and Cabinets of Ministers, excluded by virtue of its section 4 from the Law on Trade Unions (LTU) enjoy the right to establish and join trade unions. While taking due note of the Government’s indication that since 2011 union committees have been established in all ministerial offices, the Committee requests the Government to clarify if senior public officials also have the right to establish and join their own organizations.

The Committee had also requested the Government to take the necessary measures to amend sections 2, 20 and 21 of the LTU so as to repeal specific reference to the General Federation of Trade Unions of Yemen (GFTUY) and thereby to allow workers and their organizations to establish and join the federation of their own choosing. The Committee notes the Government’s reiteration that it imposes no restrictions on trade union activity and that there are many unions representing workers’ interests that do not operate within the framework of the GFTUY (for example, Trade Union of Doctors, Trade Union of Pharmacists, Trade Union of Engineers, and Lawyers’ Trade Union). Noting that the specific reference to the GFTUY remains in the legislation, and that it could result in making it impossible to establish a second federation to represent workers’ interests, the Committee once again requests that the Government take necessary measures to amend the LTU so as to delete this specific reference.

Article 3. The Committee had previously requested the Government to clarify whether section 40(b) of the LTU required an authorization from the higher level trade union for a strike to be organized, and if this was the case, to take the necessary measures to amend the legislation to bring it into conformity with the Convention. In this regard, the Committee notes the Government’s indication that by virtue of section 40(b) of the LTU there is a requirement to coordinate with the higher union body to organize a partial or general strike and that the Committee’s previous comment on this legislative issue is being considered for the amendment of the Act. The Committee trusts that the Government will take the necessary measures to amend the LTU so as to ensure the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on any development in this regard.

The draft Labour Code. The Committee recalls that in its previous comments it had expressed the hope that the draft Labour Code would be adopted in the near future and that the Government would take into account the Committee’s comments to further amend or revise some of the provisions in the draft. The Committee notes the Government’s indication that due to the armed conflict affecting the country since 2011 it has been unable to complete the amendments of the labour legislation. The Committee further notes the Government’s indication that the draft Labour Code is not applicable to domestic workers, members of the judiciary, and diplomatic and consular staff, but that their rights are guaranteed by law. Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to indicate all legislative provisions that afford domestic workers, members of the judiciary, and diplomatic and consular staff, the right to establish and join workers’ organizations of their own choosing and without previous authorization.

The Committee further notes the Government’s indication that the draft Labour Code contains no provisions denying the right of workers’ organizations to affiliate with international labour organizations. The Committee recalls that it had also requested the Government to:

• revise section 173(2) of the draft Labour Code so as to ensure that minors between the ages of 16 and 18 years may join trade unions without parental authorization;
• provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated;
• amend section 211 of the draft Labour Code which provides that strike notice must include an indication of the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the current legislative reform will bring the national legislation into full conformity with the Convention and requests the Government to indicate any developments in this regard.

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

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee had previously requested the Government to provide comments on the 2012 observations made by the International Trade Union Confederation (ITUC) alleging that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicate were attacked. Noting with regret that the Government provides no reply to these observations, the Committee reiterates its previous request.

The Law on Trade Unions (2002)

Articles 2 and 5 of the Convention. The Committee had previously requested the Government to indicate whether employees of high-level public authorities and Cabinets of Ministers, excluded by virtue of its section 4 from the Law on Trade Unions (LTU) enjoy the right to establish and join trade unions. While taking due note of the Government’s indication that since 2011 union committees have been established in all ministerial offices, the Committee requests the Government to clarify if senior public officials also have the right to establish and join their own organizations.

The Committee had also requested the Government to take the necessary measures to amend sections 2, 20 and 21 of the LTU so as to repeal specific reference to the General Federation of Trade Unions of Yemen (GFTUY) and thereby to allow workers and their organizations to establish and join the federation of their own choosing. The Committee notes the Government’s reiteration that it imposes no restrictions on trade union activity and that there are many unions representing workers’ interests that do not operate within the framework of the GFTUY (for example, Trade Union of Doctors, Trade Union of Pharmacists, Trade Union of Engineers, and Lawyers’ Trade Union). Noting that the specific reference to the GFTUY remains in the legislation, and that it could result in making it impossible to establish a second federation to represent workers’ interests, the Committee once again requests that the Government take necessary measures to amend the LTU so as to delete this specific reference.

Article 3. The Committee had previously requested the Government to clarify whether section 40(b) of the LTU required an authorization from the higher level trade union for a strike to be organized, and if this was the case, to take the necessary measures to amend the legislation to bring it into conformity with the Convention. In this regard, the Committee notes the Government’s indication that by virtue of section 40(b) of the LTU there is a requirement to coordinate with the higher union body to organize a partial or general strike and that the Committee’s previous comment on this legislative issue is being considered for the amendment of the Act. The Committee trusts that the Government will take the necessary measures to amend the LTU so as to ensure the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on any development in this regard.

The draft Labour Code. The Committee recalls that in its previous comments it had expressed the hope that the draft Labour Code would be adopted in the near future and that the Government would take into account the Committee’s comments to further amend or revise some of the provisions in the draft. The Committee notes the Government’s indication that due to the armed conflict affecting the country since 2011 it has been unable to complete the amendments of the labour legislation. The Committee further notes the Government’s indication that the draft Labour Code is not applicable to domestic workers, members of the judiciary, and diplomatic and consular staff, but that their rights are guaranteed by law. Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to indicate all legislative provisions that afford domestic workers, members of the judiciary, and diplomatic and consular staff, the right to establish and join workers’ organizations of their own choosing and without previous authorization.

The Committee further notes the Government’s indication that the draft Labour Code contains no provisions denying the right of workers’ organizations to affiliate with international labour organizations. The Committee recalls that it had also requested the Government to:

• revise section 173(2) of the draft Labour Code so as to ensure that minors between the ages of 16 and 18 years may join trade unions without parental authorization;
• provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated;
• amend section 211 of the draft Labour Code which provides that strike notice must include an indication of the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the current legislative reform will bring the national legislation into full conformity with the Convention and requests the Government to indicate any developments in this regard.

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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee had previously requested the Government to provide comments on the 2012 observations made by the International Trade Union Confederation (ITUC) alleging that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicate were attacked.Noting with regret that the Government provides no reply to these observations, the Committee reiterates its previous request.

The Law on Trade Unions (2002)

Articles 2 and 5 of the Convention. The Committee had previously requested the Government to indicate whether employees of high-level public authorities and Cabinets of Ministers, excluded by virtue of its section 4 from the Law on Trade Unions (LTU) enjoy the right to establish and join trade unions.While taking due note of the Government’s indication that since 2011 union committees have been established in all ministerial offices, the Committee requests the Government to clarify if senior public officials also have the right to establish and join their own organizations.

The Committee had also requested the Government to take the necessary measures to amend sections 2, 20 and 21 of the LTU so as to repeal specific reference to the General Federation of Trade Unions of Yemen (GFTUY) and thereby to allow workers and their organizations to establish and join the federation of their own choosing. The Committee notes the Government’s reiteration that it imposes no restrictions on trade union activity and that there are many unions representing workers’ interests that do not operate within the framework of the GFTUY (for example, Trade Union of Doctors, Trade Union of Pharmacists, Trade Union of Engineers, and Lawyers’ Trade Union).Noting that the specific reference to the GFTUY remains in the legislation, and that it could result in making it impossible to establish a second federation to represent workers’ interests, the Committee once again requests that the Government take necessary measures to amend the LTU so as to delete this specific reference.

Article 3. The Committee had previously requested the Government to clarify whether section 40(b) of the LTU required an authorization from the higher level trade union for a strike to be organized, and if this was the case, to take the necessary measures to amend the legislation to bring it into conformity with the Convention. In this regard, the Committee notes the Government’s indication that by virtue of section 40(b) of the LTU there is a requirement to coordinate with the higher union body to organize a partial or general strike and that the Committee’s previous comment on this legislative issue is being considered for the amendment of the Act.The Committee trusts that the Government will take the necessary measures to amend the LTU so as to ensure the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on any development in this regard.

The draft Labour Code. The Committee recalls that in its previous comments it had expressed the hope that the draft Labour Code would be adopted in the near future and that the Government would take into account the Committee’s comments to further amend or revise some of the provisions in the draft. The Committee notes the Government’s indication that due to the armed conflict affecting the country since 2011 it has been unable to complete the amendments of the labour legislation. The Committee further notes the Government’s indication that the draft Labour Code is not applicable to domestic workers, members of the judiciary, and diplomatic and consular staff, but that their rights are guaranteed by law.Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to indicate all legislative provisions that afford domestic workers, members of the judiciary, and diplomatic and consular staff, the right to establish and join workers’ organizations of their own choosing and without previous authorization.

The Committee further notes the Government’s indication that the draft Labour Code contains no provisions denying the right of workers’ organizations to affiliate with international labour organizations. The Committee recalls that it had also requested the Government to:

• - revise section 173(2) of the draft Labour Code so as to ensure that minors between the ages of 16 and 18 years may join trade unions without parental authorization;
• - provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated;
• - amend section 211 of the draft Labour Code which provides that strike notice must include an indication of the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the current legislative reform will bring the national legislation into full conformity with the Convention and requests the Government to indicate any developments in this regard.

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

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

The Committee had previously requested the Government to provide comments on the 2012 observations made by the International Trade Union Confederation (ITUC) alleging that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicate were attacked. Noting with regret that the Government provides no reply to these observations, the Committee reiterates its previous request.

The Law on Trade Unions (2002)

Articles 2 and 5 of the Convention The Committee had previously requested the Government to indicate whether employees of high-level public authorities and Cabinets of Ministers, excluded by virtue of its section 4 from the Law on Trade Unions (LTU) enjoy the right to establish and join trade unions. While taking due note of the Government’s indication that since 2011 union committees have been established in all ministerial offices, the Committee requests the Government to clarify if senior public officials also have the right to establish and join their own organizations.

The Committee had also requested the Government to take the necessary measures to amend sections 2, 20 and 21 of the LTU so as to repeal specific reference to the General Federation of Trade Unions of Yemen (GFTUY) and thereby to allow workers and their organizations to establish and join the federation of their own choosing. The Committee notes the Government’s reiteration that it imposes no restrictions on trade union activity and that there are many unions representing workers’ interests that do not operate within the framework of the GFTUY (for example, Trade Union of Doctors, Trade Union of Pharmacists, Trade Union of Engineers, and Lawyers’ Trade Union). Noting that the specific reference to the GFTUY remains in the legislation, and that it could result in making it impossible to establish a second federation to represent workers’ interests, the Committee once again requests that the Government take necessary measures to amend the LTU so as to delete this specific reference.

Article 3. The Committee had previously requested the Government to clarify whether section 40(b) of the LTU required an authorization from the higher level trade union for a strike to be organized, and if this was the case, to take the necessary measures to amend the legislation to bring it into conformity with the Convention. In this regard, the Committee notes the Government’s indication that by virtue of section 40(b) of the LTU there is a requirement to coordinate with the higher union body to organize a partial or general strike and that the Committee’s previous comment on this legislative issue is being considered for the amendment of the Act. The Committee trusts that the Government will take the necessary measures to amend the LTU so as to ensure the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on any development in this regard.

The draft Labour Code. The Committee recalls that in its previous comments it had expressed the hope that the draft Labour Code would be adopted in the near future and that the Government would take into account the Committee’s comments to further amend or revise some of the provisions in the draft. The Committee notes the Government’s indication that due to the armed conflict affecting the country since 2011 it has been unable to complete the amendments of the labour legislation. The Committee further notes the Government’s indication that the draft Labour Code is not applicable to domestic workers, members of the judiciary, and diplomatic and consular staff, but that their rights are guaranteed by law. Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to indicate all legislative provisions that afford domestic workers, members of the judiciary, and diplomatic and consular staff, the right to establish and join workers’ organizations of their own choosing and without previous authorization.

The Committee further notes the Government’s indication that the draft Labour Code contains no provisions denying the right of workers’ organizations to affiliate with international labour organizations.

The Committee recalls that it had also requested the Government to:

• -revise section 173(2) of the draft Labour Code so as to ensure that minors between the ages of 16 and 18 years may join trade unions without parental authorization;
• -provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated;
• -amend section 211 of the draft Labour Code which provides that strike notice must include an indication of the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the current legislative reform will bring the national legislation into full conformity with the Convention and requests the Government to indicate any developments in this regard.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2012. 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

Comments from employers’ and workers’ organizations. The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. The Committee also notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 31 July 2012, alleging that, amidst the uprising and political conflict, there is only one official trade union organization and that the law is not conducive to trade union activities. The ITUC adds that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicates were attacked. The Committee requests the Government to provide its comments thereon.

The Law on Trade Unions (2002).

Article 2 of the Convention. In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee had noted in its previous comments that the Government indicated that: (1) it has never imposed any prohibition on trade union activities; (2) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (3) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (4) at the moment, the GFTUY is the most representative association of workers. While noting that the Government did not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Unions so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

The Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey on freedom of association and collective bargaining, 1994, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. The Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether section 40(b) requires an authorization from the higher level trade union for a strike to be organized and, if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. The Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous comments it had noted that: (1) a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention; (2) with the active participation of the ILO, it is working on the enactment of the new Labour Code; and (3) that the draft Code was referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament. The Committee notes that the Government indicates in its report that, due to the circumstances in Yemen since 2011, the House of Representatives has not held meetings for discussing and adopting new laws. The Committee hopes that the draft Labour Code will be adopted in the near future and that it will take into account its comments concerning the need to take the necessary measures to further amend or revise the following provisions:

• – Article 2. The need to: (1) ensure that domestic workers, the magistracy and the diplomatic corps, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention; and (2) consider revising section 173(2) of the draft Code so as to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization, and noted with interest the Government’s intention to do so.
• – The need to indicate whether foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas, who are excluded from the scope of the draft Code under section 3B(6) and covered by the specific legislation, regulations and agreements on reciprocal treatment, can in practice establish and join organizations of their own choosing.
• – Article 3. The need to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated.
• – The need to further amend section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.
• – Articles 5 and 6. The need to withdraw section 172 from the draft Labour Code since it appears to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and contradicts section 66 of the Law on Trade Unions which ensures the right to affiliate with international organizations and the current practice.

The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the abovementioned comments, and requests the Government to indicate any development in this regard in its next report.

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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016 which are of a general nature.

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Comments from employers’ and workers’ organizations. The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. The Committee also notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 31 July 2012, alleging that, amidst the uprising and political conflict, there is only one official trade union organization and that the law is not conducive to trade union activities. The ITUC adds that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicates were attacked. The Committee requests the Government to provide its comments thereon.

The Law on Trade Unions (2002). The Committee notes that the Government does not refer to the Law on Trade Unions in its report. In these circumstances, the Committee recalls its previous observations.

Article 2 of the Convention. In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee had noted in its previous comments that the Government indicated that: (1) it has never imposed any prohibition on trade union activities; (2) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (3) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (4) at the moment, the GFTUY is the most representative association of workers. While noting that the Government did not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Unions so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

The Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey on freedom of association and collective bargaining, 1994, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. The Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether section 40(b) requires an authorization from the higher level trade union for a strike to be organized and, if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. The Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous comments it had noted that: (1) a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention; (2) with the active participation of the ILO, it is working on the enactment of the new Labour Code; and (3) that the draft Code was referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament. The Committee notes that the Government indicates in its report that, due to the circumstances in Yemen since 2011, the House of Representatives has not held meetings for discussing and adopting new laws. The Committee hopes that the draft Labour Code will be adopted in the near future and that it will take into account its comments concerning the need to take the necessary measures to further amend or revise the following provisions:

• – Article 2. The need to: (1) ensure that domestic workers, the magistracy and the diplomatic corps, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention; and (2) consider revising section 173(2) of the draft Code so as to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization, and noted with interest the Government’s intention to do so.
• – The need to indicate whether foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas, who are excluded from the scope of the draft Code under section 3B(6) and covered by the specific legislation, regulations and agreements on reciprocal treatment, can in practice establish and join organizations of their own choosing.
• – Article 3. The need to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated.
• – The need to further amend section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.
• – Articles 5 and 6. The need to withdraw section 172 from the draft Labour Code since it appears to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and contradicts section 66 of the Law on Trade Unions which ensures the right to affiliate with international organizations and the current practice.

The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the abovementioned comments, and requests the Government to indicate any development in this regard in its next report.

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

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

The Committee also notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Comments from employers’ and workers’ organizations. The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. The Committee also notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 31 July 2012, alleging that, amidst the uprising and political conflict, there is only one official trade union organization and that the law is not conducive to trade union activities. The ITUC adds that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicates were attacked. The Committee requests the Government to provide its comments thereon.

The Law on Trade Unions (2002). The Committee notes that the Government does not refer to the Law on Trade Unions in its report. In these circumstances, the Committee recalls its previous observations.

Article 2 of the Convention. In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee had noted in its previous comments that the Government indicated that: (1) it has never imposed any prohibition on trade union activities; (2) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (3) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (4) at the moment, the GFTUY is the most representative association of workers. While noting that the Government did not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Unions so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

The Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey on freedom of association and collective bargaining, 1994, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. The Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether section 40(b) requires an authorization from the higher level trade union for a strike to be organized and, if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. The Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous comments it had noted that: (1) a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention; (2) with the active participation of the ILO, it is working on the enactment of the new Labour Code; and (3) that the draft Code was referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament. The Committee notes that the Government indicates in its report that, due to the circumstances in Yemen since 2011, the House of Representatives has not held meetings for discussing and adopting new laws. The Committee hopes that the draft Labour Code will be adopted in the near future and that it will take into account its comments concerning the need to take the necessary measures to further amend or revise the following provisions:

• – Article 2. The need to: (1) ensure that domestic workers, the magistracy and the diplomatic corps, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention; and (2) consider revising section 173(2) of the draft Code so as to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization, and noted with interest the Government’s intention to do so.
• – The need to indicate whether foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas, who are excluded from the scope of the draft Code under section 3B(6) and covered by the specific legislation, regulations and agreements on reciprocal treatment, can in practice establish and join organizations of their own choosing.
• – Article 3. The need to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated.
• – The need to further amend section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.
• – Articles 5 and 6. The need to withdraw section 172 from the draft Labour Code since it appears to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and contradicts section 66 of the Law on Trade Unions which ensures the right to affiliate with international organizations and the current practice.

The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the abovementioned comments, and requests the Government to indicate any development in this regard in its next report.

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

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

Comments from employers’ and workers’ organizations. The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. The Committee also notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 31 July 2012, alleging that, amidst the uprising and political conflict, there is only one official trade union organization and that the law is not conducive to trade union activities. The ITUC adds that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicates were attacked. The Committee requests the Government to provide its comments thereon.

The Law on Trade Unions (2002). The Committee notes that the Government does not refer to the Law on Trade Unions in its report. In these circumstances, the Committee recalls its previous observations.

Article 2 of the Convention. In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee had noted in its previous comments that the Government indicated that: (1) it has never imposed any prohibition on trade union activities; (2) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (3) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (4) at the moment, the GFTUY is the most representative association of workers. While noting that the Government did not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Unions so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

The Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey on freedom of association and collective bargaining, 1994, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. The Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether section 40(b) requires an authorization from the higher level trade union for a strike to be organized and, if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. The Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous comments it had noted that: (1) a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention; (2) with the active participation of the ILO, it is working on the enactment of the new Labour Code; and (3) that the draft Code was referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament. The Committee notes that the Government indicates in its report that, due to the circumstances in Yemen since 2011, the House of Representatives has not held meetings for discussing and adopting new laws. The Committee hopes that the draft Labour Code will be adopted in the near future and that it will take into account its comments concerning the need to take the necessary measures to further amend or revise the following provisions:

• -Article 2. The need to: (1) ensure that domestic workers, the magistracy and the diplomatic corps, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention; and (2) consider revising section 173(2) of the draft Code so as to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization, and noted with interest the Government’s intention to do so.
• -The need to indicate whether foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas, who are excluded from the scope of the draft Code under section 3B(6) and covered by the specific legislation, regulations and agreements on reciprocal treatment, can in practice establish and join organizations of their own choosing.
• -Article 3. The need to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated.
• -The need to further amend section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.
• -Articles 5 and 6. The need to withdraw section 172 from the draft Labour Code since it appears to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and contradicts section 66 of the Law on Trade Unions which ensures the right to affiliate with international organizations and the current practice.

The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the abovementioned comments, and requests the Government to indicate any development in this regard in its next report.

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

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

Repetition

The Committee had noted the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 24 August 2010 referring mostly to issues already raised by the Committee as well as violations of trade union rights of foreign workers and the cancellation of the registration of a trade union in the transport sector. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. The Law on Trade Unions (2002). In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee had noted that the Government indicated that: (i) it has never imposed any prohibition on trade-union activities; (ii) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (iii) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (iv) at the moment, the GFTUY is the most representative association of workers. While noting that the Government does not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Union so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

Furthermore, the Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. In the absence of the Government’s reply thereon, the Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether, section 40(b) requires an authorization from the higher level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. In the absence of the Government’s reply thereon, the Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous observations it had noted that a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention. The Committee notes the Government’s indication that with the active participation of the ILO, it is working on the enactment of the new Labour Code and that the draft Code has been referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament.

In this respect, the Committee must once again recall its comments concerning the draft Labour Code which read as follows:

• Article 2 of the Convention. The Committee recalled that in its previous observation, it had requested the Government to ensure that domestic workers, the magistracy and the diplomatic corporations, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations ensuring their right to organize. The Committee had further requested the Government to consider revising section 173(2) of the draft Code so to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization and noted with interest the Government’s intention to do so. The Committee had noted that the Government, in its previous report, indicated that the Committee’s observations with regard to sections 3B and 173(2) of the draft Code have been taken into consideration. The Committee requests the Government to indicate any developments in this respect.
• In its previous comments, the Committee had noted the Government’s indication that foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas were excluded from the scope of the draft Code under section 3B(6) and that this category of workers was covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee had therefore requested the Government to indicate whether this category of foreign workers could in practice establish and join organizations of their own choosing. In the light that no new information was provided by the Government, the Committee reiterates its previous request.
• Article 3. With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, the Committee had noted the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated. The Committee requests the Government to indicate any developments in this respect.
• Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee had noted that the Government reiterates that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to indicate any progress made in this regard.
• Articles 5 and 6. The Committee had previously noted that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and that the Government had concurred that this section contradicted section 66 of the Law on Trade Unions, which ensures the right to affiliate with international organizations and the current practice. The Committee therefore expressed the hope that the Government would take the necessary measures to withdraw section 172 from the draft Labour Code. The Committee had noted the Government’s indication referring to the Law on Trade Unions which allows workers’ organizations to affiliate with the Arab, regional and international trade union federations and to contribute to their establishment. According to the Government, this Law leaves no room for any other text that might contradict its provisions. The Committee therefore once again expresses the firm hope that section 172 will be withdrawn from the draft Labour Code and requests the Government to keep it informed in this respect.
• The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the comments abovementioned, and once again requests the Government to indicate any development in this regard in its next report.

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

The Committee notes the comments on a serious situation submitted by ITUC in August 2011 and requests the Government to provide as a matter of urgency its reply in this respect.

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 24 August 2010 referring mostly to issues already raised by the Committee as well as violations of trade union rights of foreign workers and the cancellation of the registration of a trade union in the transport sector. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. The Law on Trade Unions (2002). In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee notes that the Government indicates in its report that: (i) it has never imposed any prohibition on trade-union activities; (ii) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (iii) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (iv) at the moment, the GFTUY is the most representative association of workers. While noting that the Government does not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Union so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

Furthermore, the Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. In the absence of the Government’s reply thereon, the Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether, section 40(b) requires an authorization from the higher level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. In the absence of the Government’s reply thereon, the Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous observations it had noted that a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention. The Committee notes the Government’s indication that with the active participation of the ILO, it is working on the enactment of the new Labour Code and that the draft Code has been referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament.

In this respect, the Committee must once again recall its comments concerning the draft Labour Code which read as follows:

Article 2 of the Convention. The Committee recalled that in its previous observation, it had requested the Government to ensure that domestic workers, the magistracy and the diplomatic corporations, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations ensuring their right to organize. The Committee had further requested the Government to consider revising section 173(2) of the draft Code so to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization and noted with interest the Government’s intention to do so. The Committee had noted that the Government, in its previous report, indicated that the Committee’s observations with regard to sections 3B and 173(2) of the draft Code have been taken into consideration. The Committee requests the Government to indicate any developments in this respect.

In its previous comments, the Committee had noted the Government’s indication that foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas were excluded from the scope of the draft Code under section 3B(6) and that this category of workers was covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee had therefore requested the Government to indicate whether this category of foreign workers could in practice establish and join organizations of their own choosing. In the light that no new information was provided by the Government, the Committee reiterates its previous request.

Article 3. With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, the Committee had noted the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated. The Committee requests the Government to indicate any developments in this respect.

Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee had noted that the Government reiterates that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to indicate any progress made in this regard.

Articles 5 and 6. The Committee had previously noted that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and that the Government had concurred that this section contradicted section 66 of the Law on Trade Unions, which ensures the right to affiliate with international organizations and the current practice. The Committee therefore expressed the hope that the Government would take the necessary measures to withdraw section 172 from the draft Labour Code. The Committee had noted the Government’s indication referring to the Law on Trade Unions which allows workers’ organizations to affiliate with the Arab, regional and international trade union federations and to contribute to their establishment. According to the Government, this Law leaves no room for any other text that might contradict its provisions. The Committee therefore once again expresses the firm hope that section 172 will be withdrawn from the draft Labour Code and requests the Government to keep it informed in this respect.

The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the comments abovementioned, and once again requests the Government to indicate any development in this regard in its next report.

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 29 August 2008 referring to the issues pending before the Committee.

The Law on Trade Unions (2002). The Committee had previously raised a number of points in respect of the Law on Trade Unions. In the absence of the Government’s reply thereon, the Committee must once again bring the Government’s attention to the following issues.

Article 2 of the Convention.

–      Exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). Considering that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57), the Committee requests the Government to indicate whether the persons referred to in section 4 of the Law enjoy the right to establish and join trade unions.

–      The reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, could result in making it impossible to establish a second federation to represent workers’ interests. The Committee considers that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. The Committee therefore requests the Government to amend the Law on Trade Union so as to repeal specific reference to the GFTUY and to indicate the measures taken or envisaged in this respect.

Article 3.

–      Section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee considers that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee requests the Government to clarify whether, section 40(b) requires an authorization from the higher level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention.

The draft Labour Code. The Committee recalls that in its previous observations it had noted that a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention. In this respect, the Committee notes the Government’s indication that the observations of the General Federation of Workers’ Trade Unions of Yemen and the Employers’ representatives, the ILO and the Committee of Experts have been taken into consideration and that following discussions with the social partners, the draft Code has been approved and referred to the Ministry of Legal Affairs. The Committee notes with interest the Government’s indication that the draft Code will not be adopted unless the amendments requested by the Committee and the interested parties have been made and the approval of the social partners has been obtained.

The Committee recalls that its previous comments on the draft Labour Code concerned the following issues:

Article 2 of the Convention. The Committee recalls that in its previous observation, it had requested the Government to ensure that domestic workers, the magistracy and the diplomatic corps, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations ensuring their right to organize. The Committee had further requested the Government to consider revising section 173(2) of the draft Code so to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization and noted with interest the Government’s intention to do so. The Committee notes the Government’s indication that the Committee’s observations with regard to sections 3B and 173(2) of the draft Code have been taken into consideration. The Committee requests the Government to indicate any developments in this respect.

In its previous comments, the Committee had noted the Government’s indication that foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas were excluded from the scope of the draft Code under section 3B(6) and that this category of workers was covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee had therefore requested the Government to indicate whether this category of foreign workers could in practice establish and join organizations of their own choosing. In the light that no new information was provided by the Government, the Committee reiterates its previous request.

Article 3. With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, the Committee once again notes the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated. The Committee requests the Government to indicate any developments in this respect.

Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee notes that the Government reiterates that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to indicate any progress made in this regard.

Articles 5 and 6. The Committee had previously noted that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and that the Government had concurred that this section contradicted section 66 of the Law on Trade Unions, which ensures the right to affiliate with international organizations and the current practice. The Committee therefore expressed trust that the Government would take the necessary measures to withdraw section 172 from the draft Labour Code. The Committee notes the Government’s indication referring to the Law on Trade Unions which allows workers’ organizations to affiliate with the Arab, regional and international trade union federations and to contribute to their establishment. According to the Government, this Law leaves no room for any other text that might contradict its provisions. The Committee therefore once again trusts that section 172 will be withdrawn from the draft Labour Code and requests the Government to keep it informed in this respect.

The Committee expresses the hope that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the comments above, and requests the Government to indicate any development in this regard.

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

The Committee notes the Government’s report.

It further notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 10 August 2006 on the draft Labour Code which concern the following issues: restrictions on trade union membership and election of officers, single trade union system and strict conditions on the right to organize. The Committee requests the Government to communicate its observations on these comments in its next report.

1. The Law on Trade Unions (2002). The Committee notes the Law on Trade Unions and wishes to raise in this respect the following points:

–      Exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). Considering that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see 1994 General Survey on freedom of association and collective bargaining, paragraph 57), the Committee requests the Government to indicate whether the persons referred to in section 4 of the Law enjoy the right to establish and join trade unions.

–      The reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21 could result in making it impossible to establish a second federation or represent workers’ interests. The Committee considers that unification of trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. The Committee therefore requests the Government to amend the Law on Trade Union so as to repeal specific reference to the GFTUY and to keep it informed of the measures taken or envisaged in this respect.

–      Section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee considers that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher-level trade union body is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee requests the Government to clarify whether, section 40(b) requires an authorization from the higher-level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention.

2. The draft Labour Code. (1) Article 2 of the Convention. The Committee recalls that in its previous observation, it requested the Government to indicate the measures taken or envisaged to ensure that domestic workers, excluded from the draft Labour Code (section 3(b)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations that ensure the right to organize for domestic workers and for the magistracy and the diplomatic corps. The Committee notes the Government’s statement that, after the promulgation of the Labour Code, the competent authorities shall promulgate legislation specific to domestic workers. Only then the Government will be able to communicate a copy of the relevant legislation. The Committee requests the Government to keep it informed of the developments in this respect. As for the magistracy and the diplomatic corps, the Government indicates that there is no specific legislation concerning their trade union rights other than the Constitution, which guarantees this right without any exemption. The Committee requests the Government to indicate whether these categories of workers can in practice establish and join organizations for furthering and defending their economic and social interests and rights.

With regard to its previous request to consider revising section 173(2) of the draft Code to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization, the Committee notes with interest that the Government indicates it will consider repealing this provision from the final draft and requests it to keep it informed of the progress made in this regard.

(2) Article 3. In its previous comments, the Committee observed that it appeared, from the draft Labour Code, that foreign workers may not be elected to trade union office. The Committee notes the Government’s explanation that the draft Code does not exclude foreign workers from taking up trade union office. Furthermore, the Government indicates that only foreign persons holding diplomatic passports and those who work in Yemen on the basis of political visas are excluded from the scope of the draft Code under section 3B(6). This category of workers is covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee requests the Government to indicate whether this category of foreign workers can in practice establish and join organizations of their own choosing.

With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code which empowers the Minister to submit disputes to compulsory arbitration, the Committee notes the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated.

Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee notes the Government’s indication that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to keep it informed of the progress made in this regard.

(3) Articles 5 and 6. With regard to section 172 of the draft Labour Code which would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations, the Committee notes the Government’s indication that indeed, this section contradicts section 66 of the Law on Trade Unions which ensures the right to affiliate with international organization and the current practice, as the Federations of Trade Unions of Yemen is a member of the ICFTU. The Committee therefore trusts that the Government will take the necessary measures to withdraw section 172 from the draft Labour Code.

Finally, the Committee notes the Government’s indication that the International Labour Office provided technical cooperation on the amendment of the Labour Code. The draft legislation was prepared with the help of the ILO experts and an initial workshop was organized for its discussion. In addition to the comments on the draft legislation made by the International Labour Standards Department, the Ministry of Labour had also received comments made by the social partners. The Government states that it was currently awaiting the completion of the subsequent phase agreed upon by the Ministry of Labour and the ILO regarding the organization of a second and final tripartite workshop for the discussion of the draft amendment and the comments made by the Office. Once the final version of the draft, which would take into account the ILO’s comments and the discussion at the tripartite workshop, is prepared with the help of an ILO expert, the Government would transmit a copy thereof to the Committee and would take the necessary measures for its submission to the competent authority for promulgation. The Committee requests the Government to keep it informed of the development of this legislative process.

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

The Committee notes the Government’s report. It notes in particular that the proposed amendments to the Labour Code have been communicated to the national workers’ and employers’ organizations for their comments and as soon as it has collected the observations from all of the parties, it will organize workshops aimed at presenting the draft.

The Committee trusts that amendments to the Labour Code will be adopted in the near future and that they will ensure full conformity with the Convention. In this respect, the Committee asks the Government to provide additional clarifications on the following provisions in the draft Labour Code.

Article 2 of the Convention. The Committee notes that section 3(B) of the draft Labour Code excludes the following persons from its application: members of the magistracy and the diplomatic corps and domestic workers and their employers. It observes that the exclusion concerning domestic workers further refers, however, to the issuance by the Minister of a decision on their minimum rights and fundamental rights, including their right to defend their collective rights. The Committee asks the Government to indicate, in its next report, the measures taken or envisaged to ensure that domestic workers may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations that ensure the right to organize for domestic workers and for the magistracy and the diplomatic corps.

The Committee further notes that section 173(2) of the draft Code stipulates that minors between 16 and 18 years of age can join a trade union unless their tutor opposes. The Committee considers that minors who are legally entitled to work, including apprentices, should also be able to join trade unions freely and without condition. The Committee therefore requests the Government to consider revising this provision of the draft Code to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization.

Article 3. The Committee notes that, while section 3B(6) excludes foreigners from the application of the draft Code, section 174 provides that foreigners are entitled to join trade unions. It appears, however, that foreigners may not be elected to trade union office. The Committee recalls in this respect that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives in full freedom, for example migrant workers in sectors in which they account for a significant share of the workforce. It therefore considers that legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. It therefore requests the Government to consider amending the draft Code in this respect.

The Committee further notes that section 219 of the draft Code empowers the Minister to submit disputes to compulsory arbitration where the suspension of work might affect the life, safety or health of some persons. The Committee requests the Government to indicate, in its next report, whether the Council of Ministers has made a list of such services, as provided in section 219(3) and, if so, to transmit a copy.

Finally, the Committee notes that section 211 provides that strike notice must include an indication as to the duration of a strike. Considering that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests, the Committee asks the Government to consider deleting this subsection from the draft Code.

Articles 5 and 6. With reference to its previous comments, the Committee notes from the Government’s report that section 20 of the Law on Trade Unions permits unions to form a general federation, as long as the federation is the most representative. The Government adds that there is nothing in the laws that indicates that trade union activity is the monopoly of the General Federation and that it is possible to form several general federations. Moreover, general trade unions form a federation for each occupation. The Committee requests the Government to clarify whether it is possible to form a general federation even if it cannot be considered to be the most representative.

The Committee further notes that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations. The Committee asks the Government to consider modifying this section so that workers’ organizations may freely affiliate with international workers’ organizations, in accordance with Articles 5 and 6 of the Convention.

The Committee trusts that the Government will take all of the abovementioned points into consideration before adopting the draft Labour Code and requests it to indicate in its next report the progress made in this regard.

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

The Committee notes the Government’s report. The Committee also notes the Government’s indication that it will transmit a copy of the Law on Trade Unions, which it will examine at its next meeting.

The Committee further notes the Government’s indication that the draft amendments to the Labour Code are being prepared in collaboration with the social partners. The Committee trusts that the amendments will take into account the following concerns previously expressed by the Committee:

-           the reference to the General Federation of Trade Unions made in certain provisions of the Labour Code and, in particular, in sections 2, 131(c) and 145(2), which could result indirectly in making it impossible to establish a second federation to represent workers’ interests;

-           the strict conditions for exercise of strike action set out in sections 130, 137, 139, concerning compulsory arbitration, and section 145, concerning the prior approval by the General Federation of Trade Unions in order to call a strike;

-           the restricted scope of coverage of the code as concerns foreign and casual workers, domestic workers and similar categories and certain agricultural workers (section 4).

The Committee requests the Government to transmit the amendments of the Labour Code once they are adopted.

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

The Committee notes the Government’s report.

The Committee notes the adoption of the Law on Trade Unions and requests the Government to supply a copy of this legislation with its next report so that the Committee may examine its conformity with the provisions of the Convention at its next meeting.

The Committee notes the Government’s statement that, in collaboration with the social partners, it is preparing draft amendments to the Labour Code. It further notes the Government’s indication that the General Union of Yemeni Trade Unions was not appointed by the public authority but rather elected by the trade unions. The Committee must, however, once again recall that while the purpose of the Convention was clearly not to make trade union diversity an obligation, it does at the very least require that diversity remain possible in all cases. It considers that the naming of a particular union confederation in the legislation renders such diversity impossible; for instance, if in the future some trade unions were to desire to form a different confederation. The Committee therefore trusts that the new amendments will take into account this issue and the previous concerns of the Committee, in particular those regarding strict conditions for exercising strike action and the right to organize of workers not covered by the current Labour Code. The Committee requests the Government to keep it informed of the developments in this respect and to provide a copy of the abovementioned legislation once it has been adopted.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the information provided by the Government in its latest report. It also takes due note of the 1999 Bill on trade unions and wishes to raise the following points.

Article 2 of the Convention. The Committee for a number of years has requested the Government to amend or repeal the provisions on trade union monopoly which remained in  the Labour Code of 1995 (sections 2, 131(c) and 145(2)). In this respect, the Committee notes with concern that the new Bill of 1999 also refers by name to the General Federation, in particular, in sections 2, 13, 18, 32 and 62 and that sections 19 and 52 provide that this Confederation shall assume the leadership of the trade union movement. The Committee recalls that although it was clearly not the purpose of the Convention to make trade union diversity an obligation, it does at the very least require this diversity to remain possible in all cases. There is a fundamental difference between, on the one hand, a trade union monopoly established or maintained by law and, on the other hand, voluntary groupings of workers or unions that occur without pressure from the public authorities, or due to the law. Convention No. 87 implies that pluralism should remain possible in all cases (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 91 and 96). The Committee takes due note of the information provided by the Government in its report that it is currently reviewing the drafting of a few provisions of the Labour Code so as to insert some amendments in the light of the comments made by the Committee as well as re-examine the draft Bill on trade unions which was accepted by the Council of Ministers, and which has been referred to the legislative authority. The Committee expresses the firm hope that the necessary measures will be taken to amend the Labour Code and draft Bill in order to delete all references to specific unions or confederations and requests that the Government keep it informed of any developments in this respect.

Article 3. In its previous comments, the Committee had also requested that the Government amend or repeal restrictions on industrial action by trade unions (section 16 of Ministerial Order No. 42 of 1975 concerning procedures for the settlement of labour disputes). The Committee had noted that certain provisions of the Code set out conditions for legitimate strike action which were too strict, namely that strikes could only be called following the completion of dispute settlement procedures, and that under sections 130, 137 and 139 of the Code the dispute could be referred to compulsory arbitration at the request of only one of the parties and the exercise of the right to strike could be suspended for 85 days. The strike call must have been submitted to the general trade union concerned, it must have been signed by two-thirds of its members and the trade union committee must have obtained written approval from the General Federation of Trade Unions. The strike must concern more than two-thirds of the workforce of the employer concerned and three weeks’ notice of intention to strike must be given (section 145). The Committee considers that the fact that strike action must be approved by the General Federation of Trade Unions, by its very nature restricts the right of trade union organizations to organize their activities and to further and defend workers’ interests. The Committee therefore had requested the Government to repeal the provisions concerning the prior approval by the General Federation of Trade Unions in order to call a strike and to amend the provisions concerning arbitration which considerably restrict the exercise of the right to strike. Noting the indications in the Government’s latest report that it will take the comments of the Committee into consideration with respect to provisions covering strikes in the Labour Code, and will make the necessary amendments thereto, the Committee requests the Government to indicate in its next report the progress made in this regard.

The Committee further notes from the Government’s report that the draft Bill on trade unions clarifies many texts dealing with freedom of association, the right to organize, the establishment of political parties, etc. In this regard, the Committee notes that sections 13 to 28 of the Bill deal with the organizational structure of trade unions as well as the bodies of the Confederation in a very detailed manner and therefore limit the right of workers to organize freely their administration in accordance with Article 3 of the Convention. The Committee therefore requests that the Government amend the Bill so as to eliminate such interference in the right of workers’ organizations to organize their administration.

Given the importance of the discrepancies between the draft Bill on trade unions and the provisions of the Convention, the Committee draws the Government’s attention to the availability of ILO technical assistance in respect of the abovementioned matters should it so desire.

As concerns workers who are not covered by the Labour Code (i.e. foreign and casual workers, domestic workers and certain agricultural workers), the Committee had requested the Government to indicate whether and in accordance with which provision it recognizes such workers’ right to organize for the defence of their interests. The Committee notes the information provided by the Government in its latest report to the effect that the Minister of Labour and Vocational Training is currently preparing, by virtue of section 4 of the Labour Code, draft texts concerning such workers. The Committee requests the Government to supply the relevant drafts, as well as the text of any new regulations made under the new Labour Code and any other applicable texts.

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

The Committee notes the new Labour Code (Act No. 5 of 1995).

Referring to its previous observations, the Committee notes with satisfaction that a certain number of legislative provisions or regulations which had been the subject of its comments are no longer included in the 1995 Labour Code, thereby improving the application of Articles 2, 3 and 4 of the Convention.

In its previous observations, the Committee had requested the Government to amend or repeal the following provisions:

-- the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the Regulations concerning the model statutes of the General Trade Union of Manual and Non-Manual Employees);

-- the high number of workers required to form trade unions (50 for a trade union or trade union committee and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 51 of its Regulations).

The Committee had considered these provisions to be contrary to Article 2 of the Convention. It notes with interest that the provisions of the former Labour Code concerning prior authorization for the establishment of a trade union or a federation and the provisions which required an excessively high number of workers to form a trade union have not been included in the new Labour Code of 1995.

The Committee had also requested the Government, in its previous observations, to amend or repeal the following provisions:

-- the powers of the public authorities to interfere in the financial management of trade unions (sections 13(2) and (4), and 133(13) and (14) of the Labour Code of 1970), trade union activities (sections 145(2) and 34 of its Regulations) and the drawing up of statutes (sections 150 of the Code and 162 of its Regulations);

-- the prohibition on political activities by trade unions (section 132 of the Code);

-- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Code).

The Committee considered such provisions were contrary to Article 3 of the Convention. It notes with interest that the provisions in question have not been included in the new Labour Code.

The Committee also requested the repeal or amendment of the provision which allowed the administrative dissolution of a trade union (section 157 of the Labour Code of 1970), which is contrary to Article 4 of the Convention. It notes with interest that the provision in question has not been included in the new Code. Moreover, the Committee notes that section 162 of the Code repeals the provisions of the Labour Code of 1970, as well as any text or provision which is contrary to the provisions of the Code.

The Committee requests the Government to supply copies of the regulations of the Labour Code currently in force to enable it to examine their conformity with the Convention.

In addition, the Committee had also requested the Government to amend or repeal the provisions on trade union monopoly (sections 129, 138, 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its Regulations). The Committee notes, in this respect, that the majority of provisions on which it had previously commented have not been included in the new Labour Code, but that the Labour Code of 1995 continues to refer by name to the General Federation of Trade Unions in certain provisions and, in particular, in sections 2, 131(c) and 145(2). The Committee considers that such provisions could result indirectly in making it impossible to establish a second federation to represent workers' interests.

In this respect, the Committee wishes to recall that if the Convention pronounces neither in favour of a system of trade union diversity nor of a single trade union system, it implies that pluralism should remain possible in all cases and that workers should remain free to choose to set up unions outside the established structures, should they so wish. (See General Survey on freedom of association and collective bargaining, 1994, paragraphs 92 and 96.) Therefore, the Committee requests the Government to withdraw the reference by name to the General Federation of Trade Unions and, if it so wishes, to replace it by the concept of the most representative federations.

The Committee also requested the Government to amend or repeal restrictions on industrial action by trade unions (section 16 of Ministerial Order No. 42 of 1975 concerning procedures for the settlement of labour disputes).

It recalled that these provisions are contrary to the right of workers and their organizations to organize their activities and to formulate their programme of action for furthering and defending their economic, social and professional interests, including the right to strike, without interference from the public authorities, in accordance with the principles set forth in Articles 3 and 10 of the Convention.

The Committee notes with interest that the current Labour Code recognizes the right to strike and provides for a system for the settlement of disputes (sections 128 -143) which must be complied with for these rights to come into force. Legitimate strike action is governed by sections 144-150 of the Code.

However, the Committee notes that the Code sets outs conditions which are too strict for a strike to be legitimate, namely that it can only be called following the completion of the procedures for the settlement of disputes, and under sections 130, 137 and 139 of the Code the dispute can be referred to compulsory arbitration at the request of only one of the parties (employer or worker) and the exercise of the right to strike can be suspended for 85 days. It must be approved by 25 per cent of workers in a general assembly attended by a minimum of 60 per cent of the total number of workers in the service of the employer concerned. The strike call must have been submitted to the general trade union concerned, it must have been signed by two-thirds of its members and the trade union committee must have obtained written approval from the General Federation of Trade Unions. The strike must concern more than two-thirds of the workforce of the employer concerned and three weeks' notice of intention to strike must have been given (section 145). When the strike takes place, it must comply with the procedure laid down in the Labour Code (section 146). Legitimate strikes may not incur sanctions against workers or dismissals (section 148(2)). The Committee considers that the fact that strike action must be approved by the General Federation of Trade Unions, by its very nature restricts the right of trade union organizations to organize their activities and to further and defend workers' interests.

The Committee requests the Government to amend the provisions concerning arbitration which considerably restrict the exercise of the right to strike and to repeal the provisions concerning the prior approval by the General Federation of Trade Unions in order to call a strike in order to bring its legislation into fuller conformity with the principles of freedom of association.

The Committee also requests the Government to indicate whether section 162 of the Code repeals section 16 of Ministerial Order No. 42 of 1975.

Finally, the Committee notes that foreign and casual workers, domestic workers and similar categories and certain agricultural workers are only subject to the application of the Code under certain conditions (section 3). The Committee requests the Government to indicate whether and in accordance with which provision it recognizes these workers' right to organize for the defence of their interests.

The Committee had, moreover, been informed of the drawing up of a draft Bill on trade unions. It requests the Government to supply the text as soon as it is adopted, as well as the text of any regulations to the new Labour Code and any other applicable texts, in particular, the Act respecting associations and cooperatives and the Trade Union Act mentioned in the 1991 Act respecting the public service.

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

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

Referring to its previous comments, the Committee recalls that for several years it has been requesting the Government to expressly amend or repeal the following legislative provisions: (a) - the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees); - the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations); - the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations), which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure; (b) - the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations); - the prohibition on political activities by trade unions (section 132 of the Labour Code); and - the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code), which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities; (c) - the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes), which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10; (d) - the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code), which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority. The Committee takes due note of the information provided by the Government in its report to the effect that the Unification Agreement concluded between North and South Yemen provides for the application of the most favourable laws and regulations of the two countries, pending the promulgation of unified legislation. As regards labour law, the Government indicates that the new Labour Code will soon be discussed by Parliament (legislative power). Until its promulgation, the Government indicates that the Basic Labour Code (Act No. 14 of 1978) which does not provide for any of the restrictions under the Labour Code of 1970, will apply to all labour matters. More precisely, with regard to violations of Article 2 mentioned in the Committee's prior observations, the Government refers to article 39 of the Constitution of Yemen and section 93 of the Basic Labour Code (Act No. 14 of 1978) which guarantee to workers the right to establish and join organizations of their own choosing without having to obtain prior authorization, in accordance with the rules and regulations decided and set by these organizations, which are not subject to registration by any state authority. As regards violations of Article 3, the Government declares that the establishment and subsequent operation of trade unions are not subject to any financial or administrative supervision of the public authorities. Financial supervision of trade unions, if any, is practised by the General Confederation of Trade Unions and by the general meetings of trade unions. Finally, as regards the restrictions placed on the activities of trade unions, the Government refers amongst others, to section 93(c) of the Basic Labour Code that provides that the Federation of Trade Unions is entitled to call a strike in accordance with its own regulations and decisions. The Committee would like to recall that the right to strike is one of the essential means that should be available to workers and their organizations at all levels for the promotion and protection of their economic and social interests and that any limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee expresses once again the firm hope that the Government will be able to supply information in its next report on the measures which have been taken expressly to repeal or amend the legal provisions contrary to the requirements of the Convention and to bring them into conformity with the principles of freedom of association and, in particular, through the adoption of the new Labour Code.

The Committee was later informed that a draft law on trade union organizations has been prepared; it expresses the firm hope that the provisions of this law will be in conformity with the requirements of the Convention. The Committee reminds the Government that ILO technical assistance is available if it so wishes.

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

Referring to its previous comments, the Committee recalls that for several years it has been requesting the Government to expressly amend or repeal the following legislative provisions:

(a) -- the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees);

-- the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations);

-- the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations),

which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure;

(b) -- the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations);

-- the prohibition on political activities by trade unions (section 132 of the Labour Code); and

-- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code),

which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities;

(c) -- the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes),

which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10;

(d) -- the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code),

which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority.

The Committee takes due note of the information provided by the Government in its report to the effect that the Unification Agreement concluded between North and South Yemen provides for the application of the most favourable laws and regulations of the two countries, pending the promulgation of unified legislation. As regards labour law, the Government indicates that the new Labour Code will soon be discussed by Parliament (legislative power). Until its promulgation, the Government indicates that the Basic Labour Code (Act No. 14 of 1978) which does not provide for any of the restrictions under the Labour Code of 1970, will apply to all labour matters.

More precisely, with regard to violations of Article 2 mentioned in the Committee's prior observations, the Government refers to article 39 of the Constitution of Yemen and section 93 of the Basic Labour Code (Act No. 14 of 1978) which guarantee to workers the right to establish and join organizations of their own choosing without having to obtain prior authorization, in accordance with the rules and regulations decided and set by these organizations, which are not subject to registration by any state authority.

As regards violations of Article 3, the Government declares that the establishment and subsequent operation of trade unions are not subject to any financial or administrative supervision of the public authorities. Financial supervision of trade unions, if any, is practised by the General Confederation of Trade Unions and by the general meetings of trade unions.

Finally, as regards the restrictions placed on the activities of trade unions, the Government refers amongst others, to section 93(c) of the Basic Labour Code that provides that the Federation of Trade Unions is entitled to call a strike in accordance with its own regulations and decisions. The Committee would like to recall that the right to strike is one of the essential means that should be available to workers and their organizations at all levels for the promotion and protection of their economic and social interests and that any limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Committee expresses once again the firm hope that the Government will be able to supply information in its next report on the measures which have been taken expressly to repeal or amend the legal provisions contrary to the requirements of the Convention and to bring them into conformity with the principles of freedom of association and, in particular, through the adoption of the new Labour Code.

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

The Committee notes the Government's report and the information provided by a Government representative to the Conference Committee in June 1993.

The Committee notes that, despite the assurances given by the Government in its previous report and to the Conference in June 1993, to the effect that it was undertaking a review of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government merely repeats in its report the comments and information provided previously.

Under these conditions, the Committee recalls that for several years its comments have concerned the need to repeal or amend the following legislative provisions:

(a) - the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees);

- the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations);

- the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations),

which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure;

(b) - the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations);

- the prohibition on political activities by trade unions (section 132 of the Labour Code); and

- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code),

which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities;

(c) - the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes),

which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10.

The Committee recalls in this respect that any restrictions or limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on Freedom of Association and Collective Bargaining, paras. 158 and 159);

(d) - the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code),

which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority.

The Committee expresses the firm hope that the Government will be able to supply information in its next report on the measures which have actually been taken to bring all of the above legal provisions into conformity with the requirements of the Convention and, in particular, to adopt the new Labour Code, the draft text of which was prepared with the technical assistance of the Office.

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

With reference to its previous comments, the Committee notes with interest the Government's report and the information provided by a Government representative at the Conference in June 1991, as well as section 39 of the Constitution of May 1991 and sections 126, 127 and 128 of Act No. 19 of 1991 issuing the general conditions of service of the public service, which guarantee the right to organize of all citizens, including the right of public servants to establish and join organizations of their own choosing.

The Committee notes the assurances given by the Government that freedom of association is a basic right of each citizen and that it has undertaken to guarantee the respect and satisfactory application of the Convention through the enactment of new labour legislation which will take into account the comments of the Committee in the draft texts of a new Labour Code and a Bill respecting trade unions.

In this context, the Committee recalls that it is necessary to bring the legislation into conformity with the Convention on the following points:

- guaranteeing the establishment of trade unions without prior authorization (section 154 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of manual and non-manual employees);

- introducing trade union pluralism for all workers by amending sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations which introduce a single trade union system in law;

- reducing the high number of workers required to establish trade unions (sections 21, 137, 138 and 139 of the Labour Code; section 55 of the Regulations);

- abolishing the powers of the public authorities to interfere in; (a) the financial administration of trade unions (sections 132(2) and (4) and 133 (13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations);

- raising the prohibition on political activities by trade unions (section 132 of the Labour Code) and the restrictions placed on their activities to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes);

- giving foreign workers the right to hold trade union office, at least after a reasonable period of residence in the country (section 142(3) of the Labour Code); and

- abolishing the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code).

The Committee reminds the Government that the Office is at its disposal for any assistance which it might need for the preparation of amendments to give effect to the Convention.

The Committee requests the Government to indicate any progress achieved in these fields in its next report.

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

North Yemen

Referring to its general observations the Committee notes that the Government's report has not been received. It recalls its previous direct request, which read as follows:

The Committee notes that, under the terms of section 142(3) of the Labour Code, the right to be elected to the executive committee of a general trade union, a branch trade union or a trade union committee is reserved to citizens of Yemen, in accordance with the Naturalisation Act.

The Committee emphasises that this provision restricts the right of organisations to elect their representatives in full freedom, in accordance with Article 3 of the Convention. It asks the Government to envisage making the legislation more flexible so as to enable foreign workers to have access to trade union office, at least after a reasonable period of residence in the host country (see, General Survey on Freedom of Association, 1983, paras. 159 and 160).

The Committee trusts that the legislative revision that is taking place will take this point into consideration and asks the Government to supply the relevant text with its next report.

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

North Yemen

Referring to its general observation the Committee notes that the Government's report has not been received. It recalls its previous observation which read as follows:

For several years, the Committee has been noting a number of discrepancies between the legislation and the Convention, concerning the following points: Article 2 of the Convention - The exclusion of public servants, employees and manual workers employed in the state administration and certain agricultural workers from the scope of the Labour Code (section 3) - Prior authorisation for the establishment of a trade union (section 154 of the Labour Code; section 57 of the Regulations respecting the model statutes of the general trade union of manual and non-manual employees). - Single trade union structure (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations). - The high number of workers required to establish trade union bodies: 50 for a trade union, 50 for a trade union committee and 100 for a general trade union (sections 21, 137, 138 and 139 of the Labour Code and section 55 of the Regulations). Article 3 of the Convention - Interference by the public authorities in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations) - The prohibition on political activities (section 132 of the Labour Code) and restrictions on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes). Article 4 of the Convention - The dissolution of a trade union by administrative authority (section 157 of the Labour Code). The right to organise of public servants and certain agricultural workers With regard to public servants employed in the administration of the State who are excluded from the scope of the Labour Code, the Committee notes with interest that Act No. 49 of 1977 concerning the terms and conditions of employment of state employees has been amended by Act No. 1 of 1988 respecting the public service and that trade union organisations exist in all provinces. In this connection, the Committee notes that trade unions have been established in various public establishments. The Committee recalls that the Convention applies to all workers, without distinction whatsoever, with the exception of the armed forces and the police (Article 9 of the Convention) and requests the Government to indicate whether the right to organise is recognised for all public servants, particularly those engaged in the administration of the State and the staff of teaching establishments. It also requests the Government to continue supplying information on the development of the unionisation process by indicating, in particular, the number of workers and sectors covered by this process, and it requests it to supply the text of Act No. 1 of 1988. With regard to the agricultural workers who are excluded from the scope of the Labour Code, the Committee notes that, according to the Government, they are organised into associations with the role of supplying their members with the assistance that they need, while at the same time seeking to further the interests of the national economy, in accordance with Act No. 11 of 1963 respecting associations. The Committee requests the Government to indicate the legislative provisions which guarantee agricultural workers the right to organise and requests it to supply the text of Act No. 11 of 1963 and the text of the by-laws of the agricultural workers' associations mentioned by the Government with its next report. Prior authorisation for the establishment of a trade union. For several years the Committee has been noting that the establishment of a trade union is subject to obtaining authorisation from the competent authorities, whose role is, among other things, to ascertain the allegiances of the persons submitting the application and make sure that they have not been accused of jeopardising the security of State or sentenced for dishonourable acts, in accordance with section 154 of the Labour Code. The Committee also notes that section 57 of the Regulations is more restrictive than the Labour Code, since the examination of the application deals with whether the applicant has been sentenced for a crime or a dishonourable offence. The Committee requests the Government to indicate under which provisions of the Labour Code and the Regulations the authorities make their decision. It also requests the Government to indicate the offences covered by section 57 of the Regulations. The unitary structure of the trade union organisation. In its previous comments, the Committee noted that the trade union organisation set up by the legislation resulted in a single trade union structure by providing for: the existence of only one trade union committee per occupation and per enterprise and for only one branch of a general union per occupation and per town, gathered together in one federation (sections 129, 138, 139 and 158 of the Labour Code and sections 41 and 43 of the Regulations); the establishment of only one federation in the Republic (section 5(h) of the Regulations); and the supervision of base-level trade unions by higher trade union bodies (sections 42 and 47(a) of the Regulations). It also noted that authorisation for the creation of a trade union committee was only given if there were at least 50 workers in the enterprise or in the same occupation and that this figure was raised to 100 for the establishment of a trade union (sections 2, 137 and 138 of the Labour Code and section 55 of the Regulations). While it is not for the Committee to favour either trade union unity or trade union pluralism, the principle set forth in Article 2 of the Convention, under which all workers shall have the right to establish and join organisations of their own choosing, implies that trade union pluralism should be possible. In the Committee's opinion, by only permitting the establishment of one trade union under the above conditions, the legislation does not observe this principle. The Committee therefore requests the Government to take measures in order to guarantee workers the right, should they so wish, to establish trade unions outside the existing trade union structure. Interference by the public authorities For several years, the Committee has been noting that the legislation empowers the public authorities to intervene in the activities of trade unions, particularly by making a number of financial operations subject to prior authorisation by the Minister (section 132(2), (4) and (6) of the Labour Code), by imposing the allocation of trade unions' funds for certain items of expenditure (section 133(13) and (14) of the Labour Code), by providing for the supervision of the constituent assemblies of trade unions by a representative of the labour administration (section 145(2) of the Labour Code and section 34 of the Regulations) and by empowering the labour administration to amend at any time the rules of a trade union (section 150 of the Labour Code and section 62 of the Regulations). The Committee points out that under the terms of Article 3 of the Convention, workers' organisations have the right to organise their administration, elect their representatives in full freedom and draw up their constitutions and rules without the public authorities interfering to restrict this right or impede the lawful exercise thereof. The Committee therefore requests the Government to amend the above provisions in order to bring the legislation into conformity with the Convention in this respect. Political activities and restrictions on trade union action to support their claims In its previous comments, the Committee noted that trade unions were not authorised to undertake political activities (section 132 of the Labour Code) and that by virtue of section 16 of Ministerial Order No. 42 of 1975, any action to support a claim could be stopped if, in the Minister's opinion the dispute was becoming important. In its report, the Government emphasises that the workers and their trade unions participate in the various political activities of the country on the same basis as the rest of the population. It also indicates that Order No. 42 of 1975 has been amended by Ministerial Order No. 4 of 1986 respecting the procedural rules before arbitration committees, in such a way that these orders, read in conjunction with the Labour Code, guarantee all the rights and obligations of the social partners. While noting this information, the Committee points out that the right of trade union organisations to organise their activities and formulate their programmes implies that these same organisations can turn their attention to problems of general interest, and therefore of a political nature in the widest sense of the term, and publicly demonstrate their opinion concerning economic and social policy with the purpose of defending the interests of their members. In this context the Committee also points out that the right to call a strike is one of the essential means which ought to be available to these organisations to defend the interests of their members (Article 10 of the Convention), and that the official disputes settlements procedure must not be such as to limit the exercise of the right to strike. The Committee therefore requests the Government to supply information on the rights and duties of workers' organisations in relation to the right to strike. It also requests the Government to supply a copy of Ministerial Order No. 4 of 1986. Dissolution by administrative authority For several years, the Committee has been noting that section 157 of the Labour Code empowers the Council of Ministers to dissolve a trade union, contrary to the terms of Article 4 of the Convention. The Committee points out that the dissolution of a trade union is an extremely serious step which must therefore be accompanied by the appropriate legal protection. Furthermore, in accordance with the principles set forth in Article 4 under which workers' organisations cannot be dissolved by administrative authority, it should be possible to appeal to the judicial authorities before a decision taken by the administrative authority takes effect and the judicial authorities should also be competent to examine the basis of the case and study the grounds for the dissolution or suspension of an organisation. The Committee therefore requests the Government to take the necessary steps to give effect to the Convention on this point.

TEXT

The Committee trusts that the legislative revision that is taking place will take all these points into consideration and asks the Government to supply the relevant texts in its next report.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that, under the terms of section 142(3) of the Labour Code, the right to be elected to the executive committee of a general trade union, a branch trade union or a trade union committee is reserved to citizens of Yemen, in accordance with the Naturalisation Act.

The Committee emphasises that this provision restricts the right of organisations to elect their representatives in full freedom, in accordance with Article 3 of the Convention. It asks the Government to envisage making the legislation more flexible so as to enable foreign workers to have access to trade union office, at least after a reasonable period of residence in the host country (see, General Survey on Freedom of Association, 1983, paragraphs 159 and 160).

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report.

For several years, the Committee has been noting a number of discrepancies between the legislation and the Convention, concerning the following points:

Article 2 of the Convention

- The exclusion of public servants, employees and manual workers employed in the State administration and certain agricultural workers from the scope of the Labour Code (section 3).

- Prior authorisation for the establishment of a trade union (section 154 of the Labour Code; section 57 of the Regulations respecting the model statutes of the general trade union of manual and non-manual employees).

- Single trade union structure (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations).

- The high number of workers required to establish trade union bodies: 50 for a trade union, 50 for a trade union committee and 100 for a general trade union (sections 21, 137, 138 and 139 of the Labour Code and section 55 of the Regulations).

Article 3 of the Convention

- Interference by the public authorities in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations).

- The prohibition on political activities (section 132 of the Labour Code) and restrictions on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes).

Article 4 of the Convention

- The dissolution of a trade union by administrative authority (section 157 of the Labour Code).

The right to organise of public servants and certain agricultural workers

With regard to public servants employed in the administration of the State who are excluded from the scope of the Labour Code, the Committee notes with interest that Act No. 49 of 1977 concerning the terms and conditions of employment of state employees has been amended by Act No. 1 of 1988 respecting the public service and that trade union organisations exist in all provinces. In this connection, the Committee notes that trade unions have been established in various public establishments.

The Committee recalls that the Convention applies to all workers, without distinction whatsoever, with the exception of the armed forces and the police (Article 9 of the Convention) and requests the Government to indicate whether the right to organise is recognised for all public servants, particularly those engaged in the administration of the State and the staff of teaching establishments. It also requests the Government to continue supplying information on the development of the unionisation process by indicating, in particular, the number of workers and sectors covered by this process, and it requests it to supply the text of Act No. 1 of 1988.

With regard to the agricultural workers who are excluded from the scope of the Labour Code, the Committee notes that, according to the Government, they are organised into associations with the role of supplying their members with the assistance that they need, while at the same time seeking to further the interests of the national economy, in accordance with Act No. 11 of 1963 respecting associations.

The Committee requests the Government to indicate the legislative provisions which guarantee agricultural workers the right to organise and requests it to supply the text of Act No. 11 of 1963 and the text of the by-laws of the agricultural workers' associations mentioned by the Government with its next report.

Prior authorisation for the establishment of a trade union

For several years the Committee has been noting that the establishment of a trade union is subject to obtaining authorisation from the competent authorities, whose role is, among other things, to ascertain the allegiances of the persons submitting the application and make sure that they have not been accused of jeopardising the security of State or sentenced for dishonourable acts, in accordance with section 154 of the Labour Code.

The Committee also notes that section 57 of the Regulations is more restrictive than the Labour Code, since the examination of the application deals with whether the applicant has been sentenced for a crime or a dishonourable offence.

The Committee requests the Government to indicate under which provisions of the Labour Code and the Regulations the authorities make their decision. It also requests the Government to indicate the offences covered by section 57 of the Regulations.

The unitary structure of the trade union organisation

In its previous comments, the Committee noted that the trade union organisation set up by the legislation resulted in a single trade union structure by providing for: the existence of only one trade union committee per occupation and per enterprise and for only one branch of a general union per occupation and per town, gathered together in one federation (sections 129, 138, 139 and 158 of the Labour Code and sections 41 and 43 of the Regulations); the establishment of only one federation in the Republic (section 5(h) of the Regulations); and the supervision of base-level trade unions by higher trade union bodies (sections 42 and 47(a) of the Regulations). It also noted that authorisation for the creation of a trade union committee was only given if there were at least 50 workers in the enterprise or in the same occupation and that this figure was raised to 100 for the establishment of a trade union (sections 2, 137 and 138 of the Labour Code and section 55 of the Regulations).

While it is not for the Committee to favour either trade union unity or trade union pluralism, the principle set forth in Article 2 of the Convention, under which all workers shall have the right to establish and join organisations of their own choosing, implies that trade union pluralism should be possible. In the Committee's opinion, by only permitting the establishment of one trade union under the above conditions, the legislation does not observe this principle.

The Committee therefore requests the Government to take measures in order to guarantee workers the right, should they so wish, to establish trade unions outside the existing trade union structure.

Interference by the public authorities

For several years, the Committee has been noting that the legislation empowers the public authorities to intervene in the activities of trade unions, particularly by making a number of financial operations subject to prior authorisation by the Minister (section 132(2), (4) and (6) of the Labour Code), by imposing the allocation of trade unions' funds for certain items of expenditure (section 133(13) and (14) of the Labour Code), by providing for the supervision of the constituent assemblies of trade unions by a representative of the labour administration (section 145(2) of the Labour Code and section 34 of the Regulations) and by empowering the labour administration to amend at any time the rules of a trade union (section 150 of the Labour Code and section 62 of the Regulations).

The Committee points out that under the terms of Article 3 of the Convention, workers' organisations have the right to organise their administration, elect their representatives in full freedom and draw up their constitutions and rules without the public authorities interfering to restrict this right or impede the lawful exercise thereof.

The Committee therefore requests the Government to amend the above provisions in order to bring the legislation into conformity with the Convention in this respect.

Political activities and restrictions on trade union action to support their claims

In its previous comments, the Committee noted that trade unions were not authorised to undertake political activities (section 132 of the Labour Code) and that by virtue of section 16 of Ministerial Order No. 42 of 1975, any action to support a claim could be stopped if, in the Minister's opinion the dispute was becoming important.

In its report, the Government emphasises that the workers and their trade unions participate in the various political activities of the country on the same basis as the rest of the population. It also indicates that Order No. 42 of 1975 has been amended by Ministerial Order No. 4 of 1986 respecting the procedural rules before arbitration committees, in such a way that these orders, read in conjunction with the Labour Code, guarantee all the rights and obligations of the social partners.

While noting this information, the Committee points out that the right of trade union organisations to organise their activities and formulate their programmes implies that these same organisations can turn their attention to problems of general interest, and therefore of a political nature in the widest sense of the term, and publicly demonstrate their opinion concerning economic and social policy with the purpose of defending the interests of their members. In this context the Committee also points out that the right to call a strike is one of the essential means which ought to be available to these organisations to defend the interests of their members (Article 10 of the Convention), and that the official disputes settlements procedure must not be such as to limit the exercise of the right to strike.

The Committee therefore requests the Government to supply information on the rights and duties of workers' organisations in relation to the right to strike. It also requests the Government to supply a copy of Ministerial Order No. 4 of 1986.

Dissolution by administrative authority

For several years, the Committee has been noting that section 157 of the Labour Code empowers the Council of Ministers to dissolve a trade union, contrary to the terms of Article 4 of the Convention.

The Committee points out that the dissolution of a trade union is an extremely serious step which must therefore be accompanied by the appropriate legal protection. Furthermore, in accordance with the principles set forth in Article 4 under which workers' organisations cannot be dissolved by administrative authority, it should be possible to appeal to the judicial authorities before a decision taken by the administrative authority takes effect and the judicial authorities should also be competent to examine the basis of the case and study the grounds for the dissolution or suspension of an organisation.

The Committee therefore requests the Government to take the necessary steps to give effect to the Convention on this point.

The Committee notes that the Government is currently undertaking the amendment of the Labour Code in order to bring it into conformity with international conventions and adapt it to the country's economic and social development.

The Committee trusts that the Government will take account of its comments and requests it to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention on these various points.