Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in the working environment does not exist in Saudi Arabia, and that there have been no cases of sexual harassment in workplaces that include both sexes. The Government also indicates that it will transmit to the ILO any new developments in this regard. It is the Committee’s experience that a lack of information on sexual harassment normally indicates a lack of awareness that it is an offence and that its practice should be prohibited. The Committee recalls its 2002 general observation in which it had, in view of the gravity and serious repercussions of this practice, urged governments to take appropriate measures to prohibit sexual harassment in employment and occupation. Considering the concerns expressed in its current observation regarding the allegations of sexual harassment and sexual abuse of female migrant domestic workers, the Committee asks the Government to consider adopting legislation to define and prohibit explicitly sexual harassment as a form of sex discrimination. Please provide information on the measures taken to address sexual harassment of domestic workers, including migrant domestic workers, and on the number of complaints received from and remedies provided to migrant domestic workers who have suffered from sexual harassment.

2. Discrimination based on sex. The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform, and the related review of section 160 of the Labour Code with respect to this matter. Noting that the Government will notify the Committee of any measures taken or other new developments on this subject, the Committee hopes that the Government will soon be in a position to report on the outcome of the review of section 160 of the Labour Code and of the Ministerial Order, which it hopes will also take account of its comments raised in previous direct requests.

3. Article 3(b). Educational programmes to promote gender equality. In its previous observation, the Committee had asked the Government to explain the meaning of the criterion "social situation" as regards registration in vocational schools and training centres. The Committee notes the Government’s explanations that "social situation" means the customs, traditions and values that exist in society. The Government refers in this regard to the report entitled "Management of transitional labour markets" of July 2003, which highlights the decreasing numbers of women in the labour market due to traditional family values. Noting the Government’s statement that it is taking measures to resolve this issue in a gradual manner, the Committee requests the Government to provide information on the measures taken to change mentalities of the general society on stereotypes on the roles of men and women in society and the labour market, and on their impact on participation of women in the labour market.

4. Article 3(e). Women’s access to vocational training. Further to its observation, the Committee notes the aims set out under the Human Resources Development Fund with respect to training the national workforce and its mobilization in the private sector, and asks the Government to provide information on the measures taken to promote equal access of men and women to these training courses, including on-the-job training, provided under the Fund. Noting that the number of beneficiaries from the training and jobs programmes reached 23,000 by the end of 2003 and that the private sector is opening up a larger number of fields in which women can work, the Committee asks the Government to indicate the number of men and of women participating in the training courses, the number of men and of women running private sector enterprises and the nature of the new areas of employment offered to women. Further in this regard, the Committee notes the adoption of the Order of 21 July 2002 approving women’s participation in international conferences suitable to them. The Committee asks the Government to clarify the meaning of "suitable to them".