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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saudi Arabia (Ratification: 1978)

Other comments on C111

Observation

Direct Request

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The Committee notes the Government’s report in reply to the request made by the Conference Committee on the Application of Standards in June 2012.

National equality policy. The Committee recalls its previous observations, calling on the Government to take measures to declare and pursue a national equality policy as required under Article 2 of the Convention, addressing at least all the grounds set out in Article (1)(1)(a) of the Convention. Terms of reference had been provided by an ILO high-level mission on the development of a national equality policy, including regarding the establishment and mandate of a multi-stakeholder task force. The Committee notes the Government’s general indication that it considers that the different laws and regulations, including the Labour Code, ministerial decisions and regulations, and decisions of the Consultative Council reinforce that the official policy is based on combating all forms of discrimination, segregation or exclusion on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. It states further that the official policies, educational systems and programmes, administrative instructions and practices are in conformity with the Government’s approach to the elimination of any discrimination or segregation. The Government also states that there is no declared or hidden discriminatory policy against non-Saudis, as evidenced by the approximately 10 million non-Saudis living in stability and security in the country. In response to the previous requests and concerns of the Committee with respect to discrimination based on religion, the Committee also notes the Government’s general indication that no cases have been brought before the courts alleging such discrimination. The Committee draws the Government’s attention to its 2012 General Survey on fundamental Conventions, highlighting that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address it. The Convention requires the national equality policy to be effective: it should therefore be clearly stated, which implies not only that all discriminatory laws and administrative practices are repealed or modified, but also that programmes are set up, stereotyped behaviours and prejudicial attitudes are addressed and a climate of tolerance promoted, and monitoring is put in place. Noting the very general indications of the Government, the Committee recalls that measures to address discrimination in law and in practice should be concrete and specific (see General Survey, 2012, paragraphs 844–845). Recalling that the Government had previously indicated that steps were being taken to examine the establishment of a working group responsible for the preparation of a national equality policy, the Committee notes that the Government provides no information in this regard. The Committee urges the Government to take steps to establish the multi-stakeholder task force, with a view to taking concrete measures, without further delay, to develop and implement a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to the elimination of any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and asks the Government to provide specific information in this regard, including with respect to measures taken to encourage and promote a climate of tolerance among all the sections of the population. The Committee again asks the Government to provide information on the steps taken to secure ILO technical assistance in this regard to which the Government previously referred. The Committee also asks the Government to undertake the national survey on the situation in the country with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan, which was foreseen in the terms of reference for the multi-stakeholder task force.

Legislation. The Committee recalls that the Labour Code, 2006, contains no specific provisions defining and prohibiting discrimination in employment and occupation. The Committee notes the Government’s indication that the regulations in force are based on the prohibition of discrimination between citizens or between citizens and foreign workers. The Committee notes, however, that the Government does not refer to any specific legislation in this regard. The Committee urges the Government to take concrete steps to include as part of its national equality policy, legislation specifically prohibiting discrimination, both direct and indirect, in the public and private sectors, on at least all the grounds set out in the Convention, covering all workers and all aspects of employment, and ensuring effective means of redress. Please provide specific information on the concrete steps taken in this regard.

Domestic workers and agricultural workers. With respect to the Committee’s previous requests for information on how various groups of workers were protected against discrimination in practice, the Committee notes the Government’s indication that the Ministry of Labour considers the formulation of special labour regulations on agricultural and rural workers to be a priority. Regarding domestic workers, the Government indicates that the Consultative Council has adopted a special regulation for domestic workers, which is currently before the high authorities for decision. The Government also states that the Ministry of Labour, in collaboration with the private sector, has formulated an insurance document aimed at providing protection to domestic workers with respect to unpaid wages, as well as providing medical coverage, occupational disability coverage, legal services, etc. The Committee asks the Government to provide specific information on the regulations foreseen for agricultural and rural workers, and domestic workers, and whether it is envisaged that they will address specifically the issue of protection against discrimination for such workers with respect to the grounds enumerated in the Convention. The Committee asks the Government to provide information on the status of the adoption of such regulations, and to provide a copy of them once they are adopted.

Discrimination against migrant workers. The Committee recalls that it has been raising concerns, along with the Conference Committee on the Application of Standards, regarding discrimination against migrant workers, in particular the risk of exploitation and abuse of migrant workers due to the sponsorship system. The Committee welcomes the Government’s acknowledgement that sponsorship provisions can lead to exploitation and abuse, and its commitment to abolishing the sponsorship system. The Government indicates further that the Ministry of Labour has taken several measures to provide more protection for migrant workers, including establishing a Department for the Welfare of Expatriate Workers, and adopting a regulation on recruitment companies, aimed at regulating migrant labour and protecting the rights of workers and employers. The Government also indicates that it has formulated a bilateral agreement to regulate the relationship between domestic workers and their employers, to safeguard the rights of both parties. The Council of Ministers has authorized the Minister of Labour to negotiate and sign such bilateral agreements with countries of origin. The Government considers that such measures will lead to the end of the sponsorship system in practice, before it is envisaged formally and legally. The Committee asks the Government to continue to provide information on the steps taken to bring an end to the sponsorship system, both in law and in practice, as well as on the impact of such measures. The Committee also requests information on the mandate of the Department for the Welfare of Expatriate Workers, including any role in inspection or dispute resolution, as well as on the conclusion of any bilateral agreements, and the contents of such agreements. The Committee also asks the Government to indicate whether any steps have been taken, as previously urged by the Committee, to follow up in a concerted manner on the issues relating to discrimination of migrant workers, including examining the occupations in which migrant workers are employed, their conditions of employment, and the particular situation of female domestic workers, and to make addressing discrimination against migrant workers an important component of the national equality policy.

Equal opportunity and treatment of men and women. The Committee notes that in reply to the concerns raised previously regarding the significant occupational gender segregation, with women being concentrated in a narrow range of sectors, the Government provides very general information, including that women have excelled in education, that they have assumed some high-level posts, and are being trained in computer and information technology and other specialties. The Government also refers to a ministerial decision that was issued on the special requirement of women’s employment in factories, and another on promoting home work for women. The Committee recalls that the objectives of the Ninth Development Plan (2010–14), include: “[increasing] the overall participation rate, particularly that of females, in an effort to enhance economic empowerment of women”; “promoting participation of women in economic activity, and providing the facilities required to increase their participation”; and “consolidating and enhancing qualitative progress in education of Saudi girls at all stages of education”. The Committee again asks the Government to provide specific information on the concrete measures taken pursuant to the Ninth Development Plan and the National Employment Strategy, to which the Government previously referred, to increase the labour market participation of women, including the training and facilities provided, as well as the measures taken to improve education for girls to expand their future employment opportunities, and the impact of such measures. The Committee also again asks the Government to take concrete measures to address occupational gender segregation, with a view to providing opportunities for women in a wider range of sectors and occupations, including higher level and decision-making positions, and in those areas that have been traditionally dominated by men, and to provide information on the results achieved. Please also provide information on the concrete measures taken to ensure that workers, employers and their organizations are aware that the law no longer prohibits women and men from working together, and the specific steps taken to address de facto workplace segregation. The Committee also requests information on the establishment, mandate and activities of the Higher National Committee for Women’s Affairs, to which the Government previously referred.

Sexual harassment. Recalling the concerns raised regarding the absence of legislation addressing sexual harassment, and the particular vulnerability of domestic workers to such harassment, the Committee notes the Government’s acknowledgement that sexual harassment occurs in the work environment where both men and women work together, though the Government considers that such cases are limited due to prevailing customs and traditions. The Government also states that the prohibition of sexual harassment is being considered, and that the Ministry of Labour, through the Advisory Council for Women’s Work, has been studying the issue of the rules “governing the morals of treatment among employees for the protection of men and women employees at work against immoral transgressions … . Such transgressions, breaches, mechanisms for complaints, as well as the penalties are currently being defined.” The Committee asks the Government to provide information on the specific recommendations of the Advisory Council for Women’s Work with respect to defining and prohibiting sexual harassment, and the specific follow-up given to such recommendations. The Committee hopes that the Government will soon be in a position to report progress in explicitly defining and prohibiting both quid pro quo and hostile work environment harassment in employment and occupation, including for domestic workers, and asks the Government to provide detailed information in this regard.

Restrictions on women’s employment. Recalling the protective measures set out in section 149 of the Labour Code, confining women to jobs that are “suitable to their nature”, the Committee notes the Government’s indication that, while it does not consider this provision to be discriminatory, the need to repeal the provision is being seriously considered in the context of draft amendments to the Labour Code. The Committee also recalls that the criteria governing work that can be undertaken by women remains regulated by paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987), which establishes the following criteria for women to work: (a) the need for the woman to work; (b) permission of her guardian; (c) suitability of the work to a woman’s nature and not distracting with regard to her household and marital duties; (d) sex-segregated workplace; and (e) women’s compliance with notions of dignity and modesty and Islamic dress code. Recalling that protective measures limiting women’s access to employment constitute obstacles to the recruitment and employment of women, the Committee urges the Government to amend section 149 of the Labour Code, and repeal paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987), with a view to ensuring that any protective measures are strictly limited to maternity protection. The Committee also again asks the Government to amend the Order of 21 July 2003 approving women’s participation in international conferences suitable to them, to ensure that women are able to participate in international conferences in the course of employment and occupation on an equal footing with men.

Enforcement. Recalling the concerns raised regarding the inadequacy of the dispute resolution mechanisms in addressing issues of discrimination, including for migrant workers, the Committee notes that the Government stresses the importance of the continuous training provided to judges and labour inspectors, and refers again to Royal Decree No. 8382/mb of 28/10/1429 (2008) which provides for the establishment of women’s units in courts and justice secretariats under the supervision of an independent women’s administration. The Government, however, once again indicates that there have been no complaints relating to discrimination in employment and occupation. The Committee recalls that the absence of cases is likely to indicate a lack of an appropriate framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). Noting the absence of complaints regarding discrimination, the Committee asks the Government to take steps to ensure there are accessible avenues for bringing and addressing cases of discrimination in employment and occupation, and to raise awareness of such procedures. Please also provide specific information in this regard, as well as on the implementation of Royal Decree No. 8382/mb. The Committee again requests the Government to clarify whether it is envisaged that women will be included on the Human Rights Commission and the courts, having the same status and responsibilities as men, and to provide information on any progress made in this regard. The Committee also asks the Government to provide specific information on the nature of the training provided to judges and labour inspectors, particularly as it relates to equality and non-discrimination in employment and occupation.