Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the reply to the comments of the International Trade Union Confederation (ICFTU). The Committee also notes the discussion that took place in the Conference Committee on the Application of Standards in June 2005, the resulting conclusions of the Conference Committee, and the report of the High-level mission that took place in September 2006.

Legislative developments

1. The Committee notes the adoption of the new Labour Code, which came into force on 23 April 2006. For a number of years, the Committee has expressed concern regarding section 160 of the 1969 Labour and Workers’ Law, providing that “in no case may men and women co-mingle in the place of work or in the accessory facilities or other appurtenances thereto”. The Committee notes with satisfaction that this provision has been repealed with the adoption of the new Labour Code.

2. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that it considers that the Labour Code is based on the principle of equality. With respect to the scope of application of the Labour Code, the Committee notes that domestic workers and agricultural workers are excluded (section 7), and part-time workers are also excluded, except with respect to the provisions relating to safety, occupational health and work injuries (section 5). In addition, “incidental, seasonal and temporary workers” are covered by the Code, but only with respect to certain defined areas, including working hours, overtime, and occupational health (section 6). With respect to domestic workers, the Labour Code provides that the Minister is to draft regulations to govern their relations with the employers and specify the rights and duties of each party (section 7). The Committee notes the Government’s indication that the regulation on domestic workers and workers of a similar category has been drafted by the Ministry of Labour, and is awaiting final approval. The Committee requests the Government to clarify how the principle of equality is reflected in the Labour Code, as set out in Article 1 of the Convention. Noting that the groups fully or partially excluded from the scope of the Labour Code are those that are often particularly vulnerable, the Committee requests the Government to indicate how these workers are to be effectively protected against discrimination. The Committee also requests the Government to forward a copy of the regulation on domestic workers as soon as it has been adopted.

National equality policy

3. The Committee has for many years been commenting on the need to declare and pursue a national equality policy, which was echoed in the conclusions of the Conference Committee. The Committee notes the report of the High-level mission indicating that the authorities acknowledged that there was no national equality policy, and requested ILO assistance with respect to developing such a policy. The mission provided terms of reference to enable the Government to adopt and pursue, with ILO technical assistance, a national policy for the promotion of equality in employment and occupation covering all workers, with a view to eliminating discrimination on the grounds listed in the Convention. The terms of reference focus on the establishment and mandate of a multi-stakeholder task force. The Committee concurs with the conclusions of the mission that, to be effective, a national equality policy must be multi-faceted, including the following: a clearly stated policy; discriminatory laws and administrative practices repealed; stereotyped behaviours and prejudicial attitudes addressed; and monitoring put in place. It should cover all the grounds set out in the Convention – sex, colour, race, religion, national extraction, social origin and political opinion – address direct and indirect discrimination, apply to all aspects of employment, and ensure effective means of redress. The Committee welcomes the Government’s request for ILO technical assistance to adopt and pursue a national equality policy, and notes that the Government in its report states that the necessary steps will be taken to formulate a national equality policy. The Committee looks forward to receiving information in the Government’s next report regarding the composition and meetings of the task force, and the progress it has made, in particular in the preparation of a national survey on the situation in Saudi Arabia with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan.

Equal opportunity and treatment for men and women

4. Education and vocational training. The Committee notes the information provided by the Government in its report, as well as the findings of the High-level mission, indicating that a wider range of training and educational opportunities are being opened to women. The Committee notes in particular that the General Organization for Technical Education and Vocational Training has recently included a number of new specializations for women, including computer science and accounting, though the majority of the courses offered focus on traditional “female” skills, such as sewing, hairdressing, beauty consulting, etc. While there are at present four technical colleges for women, over the next seven years, 37 more institutes and two colleges to train trainers are foreseen. The Committee also notes that there are now 102 public women’s colleges with 300,000 students, as well as some newly opened private women’s colleges. At the university level, women are entering higher education in increasing numbers, and according to the Government’s report, make up 58 per cent of the student population. The Committee acknowledges the important investment that has been made in providing educational and training opportunities to women. However, it also notes the findings of the High-level mission that only 10 per cent of women obtain jobs after graduation. The mission concluded that women continue to be directed to subjects that are considered more suitable to their role in the family and in society, and that many women graduating from universities do not have the competencies needed for the jobs in the labour market. The mission recommended that research and analysis of the labour market needs be undertaken. The Committee requests the Government to provide statistical information on the distribution of men and women among the various educational and training institutions. It also requests information regarding how the education and training received by women translates into employment opportunities once they complete the courses. The Committee would also like to receive information on any measures taken to promote training and educational opportunities for women in areas that have traditionally been dominated by men, including through the Human Resources Development Fund. Please also keep the Committee informed of the results of any research and analysis of labour market needs, and how such results are being used to target training and education for women to improve their employment opportunities.

5. Occupational segregation. The Committee welcomes the conclusion of the High-level mission that the Government demonstrated considerable political will to improve the situation of women in employment and occupation. The mission also concluded that although there is now no legal prohibition to women and men working together, there was little awareness of this fact. The Committee notes further that although the prohibition of women and men working together has been repealed, the Labour Code contains a provision stating that “women shall work in all fields suitable to their nature” and prohibiting employing women in hazardous jobs or industries (section 149). The Committee notes in this regard the findings of the High-level mission that section 149 is generally considered a protective measure, and results in occupational segregation, with jobs considered suitable for women being those in traditional areas, such as the education and health sector, and in administration and finance. Statistics provided by the Government in its report on Convention No. 100 confirm that women continue to be concentrated in particular fields, such as social and community services. The Committee notes the conclusions of the High-level mission that while women are beginning to move into non-traditional areas, progress is slow, and hindered by stereotyped views of women’s role in society. There is still an absence of women in high-level government and political positions. The Committee requests the Government to indicate measures taken or envisaged to ensure that workers and employers are made aware of the fact that there is no longer a legal prohibition to women and men working together. The Committee considers that a proactive policy to promote gender equality at work and in society is required, which does not reinforce stereotypical assumptions regarding women’s aspirations, capabilities and social roles, and requests the Government to provide information regarding measures taken to promote women’s access to a wider range of occupations at all levels, including sectors in which they are currently under-represented. The Committee also requests the Government to review and consider amending section 149 of the Labour Code with a view to ensuring that any protective measures are limited to protecting the reproductive capacity of women and are not aimed at protecting women because of their sex or gender, based on stereotyped assumptions. Please also keep the Committee informed regarding the implementation in practice of Decree No. 120 of 2004. The Committee also asks the Government to respond to its previous request for clarification regarding the Order of 21 July 2003 approving women’s participation in international conferences suitable to them.

6. Sexual harassment. The Committee notes the Government’s response to its previous comments regarding the absence of legislation addressing sexual harassment, and requesting information on measures taken to address sexual harassment of domestic workers. The Government indicates that specific legislation on this matter is not being contemplated, stating that Shari’a law prohibits sexual harassment, and that sexual harassment, rape and similar offences are punished under criminal law, though no cases have been lodged. With specific reference to domestic workers, the Government states that the draft regulation on domestic workers prohibits harm to the dignity of the domestic worker. The Committee notes that the definition of sexual harassment contains two key elements, namely, quid pro quo harassment and hostile work environment, and in this respect again draws the Government’s attention to the general observation of 2002 on this matter. The Committee considers that restricting the prohibition of sexual harassment to general penal law provisions is unlikely to address adequately both these aspects of sexual harassment in the workplace, and again requests the Government to consider including a provision in the Labour Code that defines and explicitly prohibits sexual harassment. With respect to domestic workers, the Committee hopes that the regulation on domestic workers, once it is adopted, will address specifically the issue of sexual harassment, as these workers are particularly vulnerable to such harassment.

Migrant workers

7. The Committee notes the observations of the ICFTU regarding discrimination against migrant workers on the basis of race, religion and sex, underlining in particular the potential and actual abuse of female domestic workers. The Conference Committee, while noting the efforts made by the Government to promote and protect the rights of migrant workers, concluded that considerable problems appear to exist in the application of the Convention in law and practice with respect to migrant workers. The Committee notes that the Government reiterates its previous reply to these concerns, to the effect that given the large number of migrant workers, cases of abuse represent a minimal proportion, and that the ICFTU does not provide sufficient details to support the allegations. The Committee recalls, however, that the magnitude of the problem raised by the ICFTU cannot be considered insignificant, and that considerable details are provided in the ICFTU’s communications. The Committee notes that the Government’s report indicates an example of the employer retaining considerable control over a migrant worker, since during the probationary period, an employer can choose to repatriate the worker if he or she is not considered suitable, place the person on a second probationary period, or decrease the worker’s wages. Although the latter two options can only be done with the agreement of the worker, the worker is likely to be in the weaker position, therefore, he or she may in essence be forced to accept the lower conditions in order to avoid repatriation. The Committee also notes the Government’s indication that there have been no complaints filed by migrant workers.

8. The Committee notes the findings of the High-level mission confirming the continued use of the foreign sponsorship system, and the difficulty for migrant workers to change employers. The mission also concluded that there seemed to be a general lack of information and awareness regarding the situation of migrant workers. The Committee notes that a pamphlet for foreign workers has been prepared, which was disseminated to relevant embassies, and is now being revised to reflect the rights and obligations pursuant to the new Labour Code, and that a new Department of Expatriate Labour has been established within the Ministry of Labour. As noted above, a regulation on domestic workers and workers of a similar category has been drafted by the Ministry of Labour, and is awaiting final approval. The Committee hopes that the regulation on domestic workers, which is awaiting adoption, will include specific provisions prohibiting discrimination on all the grounds enumerated in the Convention, and address the issues of exploitation of these workers. It also urges the Government to implement the recommendations of the High-level mission: to launch an investigation into the foreign sponsorship system to examine the allegations of abuse raised before the Committee of Experts; to follow up in a concerted manner issues relating to discrimination of migrant workers, including examining the occupations in which migrant workers are employed, their conditions of employment, and in particular the situation of female domestic workers; and to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination on the ground of religion

9. The Committee recalls its previous observation requesting information on whether job advertisements still include references to religion, and measures taken to address religious discrimination. The Committee also notes that the ICFTU provides examples of serious cases of religious discrimination. The Committee notes the information provided by the Government regarding the provisions of the Publications and Publishing Act, 2000 and a government memorandum relating to advertisements. The Committee also notes the findings of the High-level mission that with respect to discrimination on grounds other than sex, particularly migrant workers on the basis of race, religion and national extraction, there was little awareness or acknowledgement that such discrimination existed. Noting that it appears that job advertisements making reference to religion are not permitted, the Committee requests the Government to provide information regarding the measures taken to ensure that such a requirement is not imposed in practice. Noting that religious discrimination in employment and occupation appears to be occurring in practice, the Committee encourages the Government to address this matter in the national equality policy, and take concrete measures to address such discrimination. Please keep the Committee informed of any progress in this regard, including any studies commissioned, awareness raising undertaken, and enforcement measures.

Dispute resolution and human rights mechanisms

10. The Committee has stressed in previous comments the importance of effective mechanisms to address discrimination and provide effective remedies and enforcement. The Conference Committee emphasized that the national equality policy needs to include effective mechanisms to address existing discrimination, including remedies for men and women migrant workers. The Committee notes that the High-level mission concluded that “there is a lack of effective inspection, complaints mechanisms and enforcement for issues of discrimination”. The weaknesses identified were linked to physical access, since the dispute resolution bodies are based only in the capital, as well as to a lack of awareness among judges and members of the commissions of issues related to discrimination. There are also no women on the commissions or in the courts. The mission also concluded that the Human Rights Commission could provide an important mechanism for addressing complaints of discrimination in a timely and effective manner, and promoting equality without reinforcing stereotypes, but as a new institution, it was still at the stage of defining its role and means of action. The Committee encourages the Government to take measures to ensure that those involved in dispute resolution and enforcement, including labour inspectors, labour dispute commissioners, judges and members of the Human Rights Commission, receive appropriate training regarding non-discrimination and equality issues, and to provide information regarding any progress in this regard. The Committee also requests information on any complaints brought before labour inspectors, labour dispute commissioners, the Human Rights Commission or the courts regarding discrimination in employment and occupation, and the outcome thereof. Please also provide information regarding the awareness-raising activities of the Human Rights Commission with respect to equality and non-discrimination.