Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Yémen (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee takes note of the Government’s report as well as of the detailed discussion which took place at the 103rd Session of the Conference Committee on the Application of Standards in June 2014 concerning the application by Yemen of Convention No. 182.

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Compulsory recruitment of children for armed conflict. The Committee previously noted that the recruitment of children under 18 years for armed conflict by the armed forces and armed groups had become an issue of serious and ongoing concern.

The Committee notes that the Government representative of Yemen, during the discussion at the Conference Committee on the Application of Standards in June 2014, acknowledged the serious situation of children in his country due to their involvement in armed conflict. The Committee notes the Government’s statement that it signed with the Special Representative of the United Nations Secretary-General for Children and Armed Conflict, an action plan to end and prevent the recruitment of children by armed forces. This action plan sets out concrete steps to release all children associated with the government security forces, reintegrate them into their communities and prevent further recruitment. The Committee notes that the measures to be undertaken within this action plan include: aligning domestic legislation with international norms and standards prohibiting the recruitment and use of children in armed conflict; issuing and disseminating military orders prohibiting the recruitment and use of children below age 18; investigating allegations of recruitment and use of children by the Yemeni government forces and ensuring that responsible individuals are held accountable; and facilitating access to the United Nations to monitor progress and compliance with the action plan. The Government representative further stated that a National Dialogue Congress was held from 18 March 2013 to January 2014 which discussed several issues related to the rebuilding of the State, one among which was the reformulation of laws and regulations in order to safeguard the rights of children, including protection from involvement in armed conflict.

The Committee notes that the Conference Committee, while noting the adoption of this action plan, expressed its serious concern at the situation of children under 18 being recruited and forced to join armed groups or the government forces. It urged the Government to take immediate and effective measures, as a matter of urgency, to put a stop in practice to the forced recruitment of children under 18 years by the government forces and associated forces, in particular by ensuring the effective implementation of the newly adopted action plan.

In this regard, the Committee notes from the Government’s report that the Chief of General Staff of Armed Forces and the Prime Minister have reiterated their commitment to implementing the measures agreed upon in the action plan so as to end the illegal recruitment of children by armed forces. The Committee notes, however, that according to the report of the United Nations Secretary-General to the Security Council of May 2014, the United Nations documented 106 cases of recruitment of children, all boys between 6 and 17 years of age. The report of the Secretary-General also indicated that 36 children were killed and 154 children were maimed. While noting the measures taken by the Government to prevent the recruitment of children by the armed forces in the context of the action plan, the Committee is bound to express its deep concern at the situation and the number of children involved in armed conflict. The Committee, therefore, urges the Government to take immediate and effective measures to ensure that the action plan to put an end to the recruitment and use of children in the armed forces will be effectively implemented as a matter of urgency. It also requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out and to ensure that adequate penalties constituting an effective deterrent are imposed in practice. The Committee requests the Government to provide information on the measures taken and results achieved in this respect.

Article 5. Monitoring mechanisms. The Committee previously noted with concern the findings of the first National Child Labour Survey, that 50.7 per cent of child labourers were engaged in hazardous work of which the overwhelming majority (95.6 per cent) were employed in hazardous occupations and the rest in hazardous economic activities (that is, mining and construction).

The Committee notes the statement made by the Government representative of Yemen to the Conference Committee that the Yemeni Government was in a difficult situation due to the economic problems, armed conflict and violence that had resulted in the destabilization of the country and which led people to resort to the illegal recruitment and exploitation of children. The Government representative further stated that while up to 2010, the number of children in child labour was around 600,000, this number has currently reached 1.5 million. He further stressed the need of his country for material and moral assistance through launching economic projects and providing jobs for the unemployed, as well as supporting families to encourage them to ensure the return of their children to school.

The Committee notes that the Conference Committee noted with serious concern the high number of children currently engaged in child labour in the country, the majority of whom were employed in hazardous occupations, including agriculture, the fishing industry, mining and construction. The Conference Committee requested the Government to strengthen the capacity and expand the reach of the labour inspectorate in enforcing Ministerial Order No. 11 of 2013 on hazardous work prohibited to children under the age of 18 years, including in rural areas.

In this regard, the Committee notes the Government’s indication that no convictions or penalties were issued against persons found in violation due to the current political situation in the country. It also notes the Government’s indication that the provisions of Ministerial Order No. 11 of 2013 has not yet been put into effect since the child labour monitoring unit is encountering difficulties in carrying out its tasks due to security reasons as well as a lack of financial resources and qualified personnel. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist. It also urges the Government to take the necessary measures to put into effect Ministerial Order No. 11 of 2013, without delay and to ensure that persons who infringe the provisions of this Ministerial Order are prosecuted and that sufficiently effective and dissuasive sanctions are applied. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Children in armed conflict and hazardous work. The Committee notes that the Conference Committee, in its conclusions, strongly encouraged the Government to provide access to free basic education for all children, particularly children removed from armed conflict and children engaged in hazardous work, with special attention to the situation of girls. In this regard, the Conference Committee called on the ILO member States to provide assistance to the Government of Yemen and encouraged the Government to avail itself of ILO technical assistance in order to achieve tangible progress in the application of the Convention.

The Committee notes the absence of information in the Government’s report on this matter. The Committee therefore requests the Government to take effective and time-bound measures to ensure that child soldiers removed from armed groups and forces as well as children removed from hazardous work receive adequate assistance for their rehabilitation and social integration including reintegration into the school system or vocational training, wherever possible and appropriate. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Noting the Government representative’s intention to seek ILO technical assistance in its efforts to combat child labour, the Committee encourages the Government to consider seeking technical assistance from the ILO.

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