YEMEN UPDATE: WORST FORMS OF CHILD LABOR 2005

UNCLAS SECTION 01 OF 04 SANAA 003099 SIPDIS USDOL - PASS TO ILAB TINA MCCARTER. STATE - PASS TO DRL/IL LAUREN HOLT. STATE - PASS TO GENEVA. E.O. 12958: N/A TAGS: ECON SOCI SMIG SCUL YM TRAFFICKING PERSONS SUBJECT: YEMEN UPDATE: WORST FORMS OF CHILD LABOR 2005 REF: A. SECSTATE 143552 ¶B. 04 SANAA 2015 ¶1. Summary. In Yemen, children augment family incomes by working as street vendors and workers in family businesses or on the family-owned farm. While slavery and child prostitution are not major issues in Yemen, parliamentarians, international observers, and donors over the past two years have expressed concern over a possible rise in child trafficking. Over the last year, government officials and NGOs have worked together to arrive at a joint strategy to eliminate child labor, including the employment of children in hazardous jobs. Since 2003, Parliament and the Ministry of Human Rights have raised public awareness of the issue of child trafficking. End Summary. -------------- 2005 YEMEN WORST FORMS OF CHILD LABOR UPDATE -------------- ¶2. Begin update: -------------- -------------- Indicator A: Laws and Regulations Proscribing the Worst Forms of Child Labor -------------- -------------- (1) What laws and regulations have been promulgated on child labor, such requirements as minimum age) for employment or hazardous forms of work? If there is a minimum age for employment, is that age consistent with the age for completing educational requirements? Are there exceptions to the minimum age law? UPDATE: In 2002, the Government of Yemen passed the Yemeni Child Rights Law, which set the minimum legal working age at 14 years. Supplementing this minimum age requirement, 1995 Labor Law No.5, Chapter 2, Section 4 "Systematizing Juvenile Labor" set the eligible age for "dangerous" work at age 18. The Ministry of Social Affairs and Labor (MOSAL) has instituted additional restrictions regarding fixed working hours, holidays, training, medical treatment, rest during work time, night shifts and others. In June 2004, MOSAL determined that children under age 14 would be forbidden from working in jobs outlined in the International Labor Organization (ILO) Convention 138 on Minimum Age and Convention 182 on the Worst Forms of Child Labor. In detail, the labor law prohibits the employment of children under the age of 15 in industrial work, although they may participate in family-owned enterprises. The law also requires an employer hiring a child under age 15 to secure the approval of the child's guardian, provide for health benefits and vacations, and notify the Ministry of Labor. Additionally, the law mandates that the workplace must be in close proximity to the child's home; children are not allowed to work after dark; and, the nature of the work must not be dangerous. Under the Labor Code of 1995, the juvenile may work up to seven hours per day and must be allowed a 60-minute break after four hours of labor. (2) Do the country's laws define the worst forms of child labor or hazardous work as the ILO defines those terms? If the country has ratified Convention 182, has it developed a list of occupations considered to be worst forms of child labor, as called for in article 4 of the Convention? UPDATE: According to Deputy Minister of Labor Yassin Abdu, the government of Yemen has listed all banned forms of child labor in the 2002 Child Labor Law. Yemen has ratified the following international child labor agreements: -- ILO Agreement 14 on the minimum work age that allows employing children; -- ILO Agreement 16 on the compulsory medical check-ups of children and juveniles working onboard ships; -- ILO Agreement 28 on the minimum age for enforced child labor; -- ILO Agreement 182 on risks of the worse forms of child labor and its recommendation No. 1.190 strengthening the applied criteria; and, -- ILO Agreement 138 on the minimum age for work, Yemen has ratified it by decree no. 43/2000. In total, Yemen has signed and ratified the following ILO agreements, which include agreements addressing child labor issues: 14, 15, 16, 19, 29, 28,128, 59, 165, 65, 81, 86, 87, 94, 95, 98, 100, 104, 105, 111, 122, 131, 132, 135, 138, 144, 156, 158, 159. -------------- -------------- Indicator B: Regulations for Implementation and Enforcement of Proscriptions Against the Worst Forms of Child Labor -------------- -------------- (3) Has the government designated an authority to implement and enforce child labor laws? UPDATE: The Yemeni government has designated the Ministry of Social Affairs and Labor (MOSAL) to implement and enforce child labor laws. Each governorate has a local MOSAL office, which has implementation authority. (4) What legal remedies are available to government agencies that enforce child labor laws (criminal penalties, civil fines, court orders),and are they adequate to punish and deter violations? UPDATE: Labor laws provide for jail terms up to 10 years, fines up to 20,000 YR (~105 USD),and court orders. These laws do not appear adequate to punish or deter violations, as MOSAL could not cite any instance where a punishment was levied against an employer for a child labor violation. The local press reported occasionally that child traffickers received jail sentences. (5) To what extent are complaints investigated and violations addressed? UPDATE: While there are laws in place to regulate employment of children, the government's enforcement of these provisions is limited, especially in remote areas. Inspectors generally prefer to address the problem through informal means. Also, the government has not enforced laws that require nine years of compulsory education for children. In 2004, 365 complaints were filed with MOSAL. The Ministry does not classify complaints so it was unable to determine if any complaints referenced child labor violations. Of these cases, 128 were transferred to labor courts and 237 were resolved through MOSAL arbitration. None of the cases resolved by arbitration resulted in penalties. (6) What level of resources does the government devote to investigating child labor cases throughout the country? How many inspectors does the government employ to address child labor issues? How many child labor investigations have been conducted over the past year? How many have resulted in fines, penalties, or convictions? UPDATE: In Yemen, surveys on child labor are difficult to conduct and often do not capture the full extent of the problem. Based on estimates from discussions with Mona Salim, the Director of the Child Labor Division at MOSAL, the number of child laborers can be conservatively estimated at half-million although it is most likely even higher. The capacity of the government to address this problem cannot presently meet this challenge. Yemeni cultural mores regarding working children may exacerbate the government's poor focus on this issue. Deputy Minister Abdu reports that MOSAL regional directors in the 21 governorates conduct child labor inspections when necessary. Eleven governorates employ child labor specialists although they do not appear to be active. (7) Has the government provided awareness raising and/or training activities for officials charged with enforcing child labor laws? UPDATE: In 2004, the ILO International Program for the Elimination of Child Labor conducted training seminars and workshops for teachers, parents and children around the country. -------------- -------------- Indicator C: Whether there are Social Programs to Prevent and Withdraw Children from the Worst Forms of Child Labor -------------- -------------- (8) What initiatives has the government supported to prevent children from entering exploitive work situations, to withdraw children engaged in such labor, and to advocate on behalf of children involved in such employment and their families? (If possible, please provide information on funding levels for such initiatives.) UPDATE: With support from USDOL, in October 2000, the Government of Yemen implemented a national program in cooperation with ILO-IPEC that aimed to withdraw child workers from the worst forms of child labor, redirect them into education programs, provide them with pre-vocational and vocational training, and offer them counseling, health care and recreational activities. The program targeted children working in extremely hazardous or abusive conditions, children below the age of 12, and girls. In 2003, ILO-IPEC opened a rehabilitation center for street children who are victims of child labor. The second phase of the program is currently under consideration. (9) Does the government support programs to promote children's access to primary schooling and to enhance the quality and relevance of schooling? (If possible, please provide information on funding levels for primary education as opposed to secondary and tertiary education.) UPDATE: The government has taken a number of steps to improve education and prevent children from engaging in hazardous work. Yemen has the second lowest literacy rate for women in the Middle East and suffers from pronounced gender disparity in school enrollment. The government is committed to improving overall basic education and bridging the gender gap. The government's abolition of primary school fees for girls was designed to eliminate one of the main obstacles to education for girls. In 2000, the Government of Yemen and the World Bank developed a 6-year Basic Education Expansion Project to give the highest priority to primary education, focusing on increased access to education for girls in remote rural areas. In June 2002, the Government of Yemen became eligible to receive funding from the World Bank and other donors under the Education for All Fast Track Initiative, which aims to provide all children with a primary school education. In 2004, the Social Fund for Development, a government agency, ran a program that financially support parents who send their working children to school. Per UNICEF, the program providing for 400,000 children. The Ministry of Education is taking steps to eliminate child labor by developing educational support programs, lowering school dropout rates of working children, and raising public awareness of the relationship between education and work. UNICEF has been working with the Yemeni government to promote education through a number of programs, including support for the government's Community School Project, which implements an integrated approach to address gender disparity at the primary school level. Various donor governments and the World Bank are collaborating with the Ministry of Education to expand access to and quality of basic education. Donors are also developing with Ministry of Education's capacity to implement and monitor basic education reforms. USAID is supporting a USD 4.7 million project to increase access to and improve the quality of basic education at the school level. (10) Do the country's laws/regulations call for universal or compulsory education? Are these requirements enforced? No update necessary. -------------- -------------- Indicator D: Does the Country have a Comprehensive Policy Aimed at the Elimination of the Worst Forms of Child Labor -------------- -------------- (11) Does the country have a comprehensive policy or national program of action on child labor? If so, to what degree has the country implemented the policy and/or program of action and achieved its goals and objectives? UPDATE: A five-year government-led child and youth issues strategy ended in 2003. A second five-year strategy has not been formulated at this time but is under discussion with stakeholders such as the World Bank, UNICEF, the Ministry of Sports, the Ministry of Education, MOSAL, and the Ministry of Vocational Training. (12) Has the government made a public statement/commitment to eradicate the worst forms of child labor? UPDATE: The Yemeni government has committed to policies to curb child labor as outlined in its Poverty Reduction Strategy Paper, which was developed in cooperation with the World Bank. -------------- -------------- Indicator E: Is the Country Making Continual Progress Toward Eliminating the Worst Forms of Child Labor -------------- -------------- (13) What is the child labor situation in the country (nature and magnitude),and how has it changed over the past year? Please provide source information or copies of data, estimates, and reports on the sectors/occupations in which child labor is found. UPDATE: MOSAL Child Labor Director Salim could not provide any update, estimate, or report on changes in the child labor sector in the past year. -------------- ADDENDUM ON CHILD TRAFFICKING -------------- ¶3. While the incidence of child trafficking appears limited, the government acknowledges a possible problem and has taken action. The Yemeni government and UNICEF are currently working on a project to examine the nature and extent of possible internal and external child smuggling but could not provide statistics at this time. In the past year, two child traffickers were prosecuted. One received a three-year prison sentence, a concrete example of the Yemeni government's new efforts to combat child trafficking. Nonetheless, the Yemeni government's capabilities suffer from serious limitations, including extreme poverty, porous borders (with Saudi Arabia and along its 1,400 km coastline),lack of training for police and security officials, and a cultural acceptance of working children. End Update. Krajeski