Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. (a) Law enforcement. In its previous comments, the Committee noted the adoption of Order No. 244 of 20/7/1430H (2009) prohibiting trafficking in persons, and requested information on its application in practice. The Government indicates that, with regard to implementing Order No. 244, competent bodies have engaged in the monitoring of trafficking in persons, law enforcement bodies have made several arrests and sentences have been handed down on perpetrators. In 2010–11, there were 32 persons convicted of having committed crimes related to trafficking of persons. The Committee urges the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to provide information on the measures taken in this regard. The Committee requests the Government to continue to provide information on the application of Order No. 244 in practice, including not only the number of convictions, but also the number of investigations and prosecutions, as well as the specific penalties applied to those convicted.

(b) Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s statement that a standing committee to combat trafficking in persons was set up pursuant to Order No. 244, responsible for: following up on the situation of victims; formulating a policy which encourages the active search for victims; training for law enforcement officials with regard to victim identification; coordinating with competent authorities to repatriate victims of trafficking to their country of origin; or recommending that victims be kept in the country and their situation be regularized. The Government also indicates that, in collaboration with civil society institutions, shelter is provided to victims of trafficking, and that the 12 protection committees attached to the shelters in the country provide some financial assistance to victims, in addition to educational, legal, psychological and training services. In 2010–11, 51 victims of trafficking were identified. The Committee requests the Government to pursue and strengthen its efforts to identify victims of trafficking and to provide them with appropriate protection and assistance. It also requests the Government to continue to provide information on measures taken in this regard, including the number of persons benefiting from available services.

Articles 1(1) and 2(1). Freedom of workers to terminate employment. The Committee previously requested information regarding the application in practice of section 48 of the Labour Code (on the termination of training or qualification contracts), pursuant to which an employer may require a trainee to work for him or her upon completion of the training period for a period not to exceed twice the duration of that period or one year, whichever is longer. The Committee notes the Government’s statement that there have not been any cases referred to the competent judicial bodies involving an employer obliging a worker to work for a period which exceeds double the specified period at the end of their training contract. Taking note of the Government’s indication, the Committee requests the Government to provide information about the number of cases of trainees being required to work after completion of their training period, as well as the actual duration of this post-training work, in order to ascertain the application of section 48 of the Labour Code in practice.

Article 25. Penalties for the exaction of forced or compulsory labour. For a number of years, the Committee has observed that the Labour Code does not contain any specific provisions prohibiting forced labour. In this regard, it noted the Government’s reiterated explanations referring to section 61 of the Labour Code, which prohibits employers from using workers to exact labour without the payment of wages. The Committee observed, in this regard, that section 61 does not contain a general prohibition of forced labour but merely lays down an obligation to remunerate the performance of work within the framework of a normal employment relationship. The Committee notes the Government’s statement in its report that the prohibition of the exaction of forced or compulsory labour is absolute, and independent of the issue of paying wages. The Government also states that the Labour Code does not contain penal sanctions. Recalling that Article 25 of the Convention provides that the exaction of forced or compulsory labour shall be punishable as a penal offence, the Committee urges the Government to take the necessary measures to ensure that persons who impose forced or compulsory labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard, in its next report.