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

1. The Committee takes note of the information supplied by the Government in reply to its previous direct request and, in particular, the information relating to the application of Islamic law (Sharia). In this respect, the Government repeats that the Sharia is the country's basic law and that its principles serve as references when there are gaps in the ordinary legislation, which should be in conformity with the Sharia or will be deemed null and void. In addition, the Government states that the Sharia preaches principles of justice and equality and its precepts must be respected by the authorities, collectivities and individuals. The Government states that because of this any violation of the principle of equality of opportunity and treatment in employment for any of the reasons set out in Article 1, paragraph (a) of the Convention would be a violation of the Sharia, which is unthinkable.

The Committee takes note of this statement. Referring to its previous comments, it again requests the Government to supply information on the measures taken in practice to give effect to Islamic law and to promote, in accordance with Articles 2 and 3 of the Convention, equality of opportunity and treatment in employment and occupation so as to eliminate any discrimination based on the reasons set out in Article 1(a).

2. The Committee requests the Government to indicate the measures taken to promote, by an appropriate national policy, equality between men and women in employment in view of the terms of section 160 of the Labour Code according to which "in no case may men and women commingle in the place of employment or in the accessory facilities or other appurtenances thereto". Please provide statistics on the respective number of men and women in the active population and on their distribution by branch of activities and occupation.

3. As regards the measures taken to promote equality in the field of vocational training, the Committee recalls the information given previously by the Government to the effect that training centres created by the Government are open to all citizens without distinction, in conformity with the Convention, with the requirements of Islamic law and with national customs; this has not impeded the establishment of private training centres involved in the training of women in areas such as nursing, stenography and weaving. The Committee again requests the Government to indicate the number of women who have had access to government-created training centres and their percentage compared with men, as well as the employment for which training was given.

4. As for access to employment and equal working conditions, the Committee recalls the information provided previously by the Government according to which no ministerial order has been adopted to determine occupations or activities forbidden because of their dangerous nature to women, young persons and children and that, because of this fact, the ban remains limited to those jobs listed in section 160 of the Labour Code. The Committee notes that section 160 gives an open-ended list of hazardous operations and harmful industries (such as "power-operated machinery, mines, quarries") and could also be open to usages not in conformity with the aim of the ban provided for in the Labour Code, or with the principle of non-discrimination set out in the Convention. The Committee requests the Government to keep it informed of any measure taken under this provision of the Labour Code.

5. The Committee repeats its previous requests relating to the application of Royal Decree No. 49 of 26 June 1977 (10 Rajab 1397H) on the public service. The Committee would like to have more detailed information on the classification of posts and the objective evaluation of tasks relating to the different categories of public servants set out in sections 2 and 3 of this statute. In addition, the Committee requests the Government to indicate the number of women employed in the public service and their percentage compared with the number of men, and the opportunities for designation and promotion to higher posts (after grade 13, for example) that are available to them.