US embassy cable - 04SANAA2782

UNCLAS SECTION 01 OF 02 SANAA 002782 
 
SIPDIS 
 
NEA/ARP PLEASE PASS TO USTR JASON BUNTIN. NEA/ARP PLEASE 
PASS TO DEPT OF COMMERCE. 
 
E.O. 12958: N/A 
TAGS: ELAB, KDEM, KMPI, PHUM, YM 
SUBJECT: LABOR RIGHTS IN YEMEN:  LAW VERSUS REALITY 
 
1.  Summary.  As is common to poor underdeveloped countries 
with former socialist influences, Yemen has many laws on the 
books to protect the rights of workers.  In practice, 
however, the ruling General People's Congress (GPC) party has 
neutralized the major trade unions by placing party-appointed 
leaders in their ranks.  This summer the ROYG resorted to 
using police force to shut-down unionization efforts.  End 
Summary. 
 
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The Labor Code:  What's on the Books 
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2.  A 1995 Presidential Order and a major 1997 amendment to 
the Labor Code provide for the collective agreements, 
termination of contracts, wage determination, penalties and 
disciplinary measures for violations of the law.  The Code 
applies to all workers except public servants, foreigners, 
"casual workers" (day-laborers), and domestic servants. 
Article Five states that "work is the natural right and duty 
of every citizen on the basis of equal conditions and 
opportunities, without discrimination on the grounds of sex, 
age, race, color, beliefs or language." 
 
3.  According to the Labor code, non-Yemenis may not 
constitute more than 10 percent of any employer's workforce. 
In practice, not all firms can abide by this provision, 
particularly in sectors where skilled and technical labor is 
required such as oil exploration, and service and hotel 
industry.  Yemen lacks a skilled, technically proficient, 
English-speaking native labor force.  The literacy rate in 
Yemen hovers around 65 percent for men and 35 percent for 
women.  Most foreign companies make separate agreements with 
the ROYG to keep their predominantly foreign technical 
workforce and agree to slowly convert foreign held jobs to 
Yemenis by implementing training and skills-building 
programs.  The ROYG enforces government regulations 
sporadically and often for political reasons -- particularly 
where oil revenues are involved.  The paucity of skilled 
labor effects government and private businesses.  Businessmen 
complain that this is one of their biggest challenges in 
Yemen. 
 
4.  Article 42 of the Labor Code stipulates that women are 
equal to men in conditions of employment and employment 
rights.  However, women activists and NGOs report that 
discrimination is a common practice in both the public and 
private sectors.  Mechanisms to enforce equal protection are 
weak or non-existent. 
 
5.  Under Article 32 of the Code, the ROYG may invalidate any 
collective agreement "damaging the economic interests of the 
country."  This article gives the government wide leeway to 
interfere with or discourage collective agreements and 
unionization.  If a labor dispute cannot be settled amicably, 
the law calls for the dispute to be submitted to an 
arbitration committee for resolution.  If arbitration fails, 
workers may strike under specified conditions.  Each worker 
must announce his/her intention to strike by wearing a red 
armband for three consecutive days before the commencement of 
the strike (Article 146). 
 
6.  The Labor codes cover a great diversity of additional 
labor issues including: 
 
- Wages and allowances, including minimum wage and overtime 
- Hours of work 
- Work discipline and penalties 
- Vocational training, including apprenticeships 
- Occupational safety and health 
- Health insurance 
- Labor inspection 
- Workers' and employers' organizations 
- Freedom of association 
 
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Recent Episodes Illustrate ROYG Intervention 
-------------------------------------------- 
 
7.  In reality, the labor situation in Yemen is much bleaker 
than the laws suggest.  Two recent incidents illustrate the 
ROYGs willingness to manipulate or circumvent the Labor Code. 
 On July 5, a disagreement between management of the 
government-owned Yemenia airlines and its pilots erupted into 
a full-blown strike.  An undisclosed agreement was reached 
between management and the pilots, but subsequently pilots 
complained that the administration did not honor their 
commitments.  The pilots further allege that the airlines 
instructed its physicians to find the strike leaders "unfit 
to fly." 
 
8.  In another recent incident, Sanaa Airport technicians 
decided to unionize to protect themselves from what they saw 
happen to the Yemenia pilots.  Deputy Minister of Labor 
Muhammed Ali Ba-Musallam agreed to be present at the 
technicians' vote for unionization.  News articles and other 
sources reported that Prime Minister Abdul Qadir Ba-Jammal 
instructed airport police to block Deputy Labor Minister 
Ba-Musallam from reaching the meeting site.  Ba-Musallem 
called the technicians to meet him on the airport road to 
conduct the vote.  The result of the vote for unionization 
was never made public.  Ba-Musallem fled to his home province 
for "vacation," has subsequently been sidelined, his 
responsibilities delegated to other officials, and he is 
expected to resign or be fired for his unionization efforts. 
 
9.  Comment:  Many labor unions in Yemen are under the 
indirect authority of the ruling GPC party.  They do not 
function as a check on the government authorities or on 
management practices.  Even in Aden, which enjoys a long 
tradition of workers rights, beginning with the establishment 
of the first Yemeni labor union in the 1880s, the port 
workers' union, the GPC has placed party loyalists in union 
leadership positions.  The only organized professional group 
that has shown significant independence from the GPC is the 
Yemeni Journalists Syndicate (YJS).  The YJS has been vocal 
in condemning recent ROYG actions to close several 
publications and to jail an editor for publishing articles 
critical of President Saleh.  End Comment. 
KRAJESKI