Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Refering also to its observation under the Convention, the Committee notes the information supplied by the Government in its report.

1. Article 25 of the Convention. In its previous comments, the Committee requested the Government to state which national law defines the rights of the person, the violation of which gives rise to legal action, in accordance with Article 25 of the Convention. It noted the Government's explanations to the effect that subjecting an individual to forced labour, contrary to the provisions of the Sharia, would constitute disobedience which is sanctioned as such and is equivalent to a crime in positive law. Forced labour is a type of constraint which is prohibited and is subject to penalty by the Sharia; any person subject to it is entitled to take his case to the judge and to be compensated for harm done.

The Committee considered that in certain cases, even though forced or compulsory labour is prohibited in principle, employers could be in a position where they could exercise excessive control over workers, and particularly foreign workers, especially those who are not covered by the labour legislation, such as agricultural and domestic workers.

The Committee notes that in its comments, the International Confederation of Arab Trade Unions refers in particular to the situation of foreign workers, including those from Bangladesh, Pakistan, the Philippines and Turkey. It alleges that these workers are forced to pay a percentage of their wage to their "sponsor", that the "sponsor" has the right to retain their passport in order to prevent them from moving and that these persons are in a situation of slavery.

The Committee notes that in its reply the Government states that it has always fulfilled its constitutional obligations by supplying the reports required under articles 19 and 22 of the Constitution of the ILO. The Government rejects all the allegations made by the above organization and emphasizes that they refer to old matters, some of which go back nearly 40 years.

The Committee notes that in reply to its previous request the Government states that the right to take legal action is the right of all residents, both nationals of Saudi Arabia and foreigners, without any discrimination and under a procedure which has been simplified and is free of charge. The Government once again states that, since forced labour constitutes disobedience, any person committing such an act is liable to be penalized. Moreover, any individual who is not covered by the labour legislation, such as agricultural and domestic workers, who are the victims of forced labour, can take their case to the courts.

The Committee recalls that in accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the penalties imposed by law must be really adequate and strictly enforced. In view of the Government's statement that workers such as agricultural and domestic workers may take their case to the courts, the Committee once again requests the Government to indicate the sanctions imposed by law in the event of forced or compulsory labour. The Committee also requests the Government to supply information on the legal action taken, the convictions made and the sanctions imposed as a result of the exaction of forced labour, particularly where the victim was a domestic worker.

2. Freedom of workers to leave the public service. With reference to its previous request, the Committee notes the Government's statement in its report that section 30/A of the conditions of service of the public service, adopted under Royal Decree No. 49 of 10/7/1397-H, provides that the employment of a public servant who resigns comes to an end upon the acceptance by the competent minister of the resignation request or the expiry of a period of 90 days from the date on which the resignation was handed in. The minister may postpone acceptance of the resignation in the interests of the service for a period not exceeding six months from the date on which the resignation was handed in. The Committee would be grateful if the Government would supply a copy of the conditions of service of the public service.