Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saudi Arabia (Ratification: 1978)

1.  The Committee notes the communication from the International Confederation of Arab Trade Unions (ICATU) concerning the application of Conventions Nos. 87 and 111 and the response of the Government. It also notes that part of the communication is relevant to Convention No. 29 and raises those points under the application of that Convention. In its communication the ICATU states that differences in wages between the Saudi and non-Saudi workers, especially those from the poorer countries, are vast and that discrimination exists between men and women, ethnic groups, nationalities, races and religions. The Government replies that wages are set according to the nature of the work, the worker’s abilities, aptitudes, experience and qualifications and the nature and type of the enterprise. The Government further refutes the impression given by the wide-ranging allegation concerning occupational discrimination between men and women and between nationalities, races and religions. The Government affirms that society is not based on discrimination and that it shows the greatest respect for the principles, purposes and Constitution of the ILO. The Government nevertheless indicates its willingness to engage in a constructive dialogue on these questions.

2.  Noting that the Government’s report contains no new information, the Committee recalls that, for a number of years, its dialogue with the Government has focused primarily on two matters: (a) section 160 of the 1969 Labour Code, which provides that "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto"; and (b) access of Saudi women to education and vocational training for occupations not traditionally deemed to be "feminine" in nature. The Committee notes the Government’s statements that the Convention is applied in Saudi Arabia through Islamic law, the Sharia, which forms the basis for the general legal system in the country, and that the Sharia and the basic system of government promulgated by Royal Decree A/90 of 1992 provide for justice and equality in all matters without any discrimination on the basis of race, religion, sex or colour. In this connection, the Committee has for some years drawn the Government’s attention to Article 2 of the Convention, which requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination in respect thereof.

3.  In its report, the Government states once again that no measures have been taken to give effect to the provisions of the Convention, apart from those referred to in earlier reports. The Committee had noted the Government’s explanations in earlier reports that the prohibition in section 160 against co-mingling of men and women reflects Islamic social traditions that apply across Saudi society generally, and that the Labour Code contains no provisions that discriminate on the basis of sex. The Committee had also previously noted the Government’s statements in earlier reports that there is no discrimination on the basis of sex in practice and that Saudi women have access to the various sectors of employment and may choose freely the occupations that suit them. While the Committee welcomes these statements, it has observed that this social tradition, now codified in the positive law in section 160, may result in de facto occupational segregation on the basis of sex, restricting women’s access to certain jobs and occupations. The Committee welcomes the information provided by the Government indicating that the legislative prohibition on co-mingling in the workplace has not impeded women’s access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Unfortunately, the Government is unable once again to provide statistics on the number of women participating in these occupations. The Committee requests the Government to continue to provide information, including statistical data, in its next report, on the distribution of men and women in the various jobs and occupations which they may choose freely in spite of the prohibitions imposed under section 160. With respect to those jobs or occupations from which women are precluded by virtue of section 160, please indicate whether any measures are under study or contemplated to extend women’s occupational and employment possibilities into those precluded areas in conformity with the Convention.

4.  With regard to the issue of Saudi women’s access to education and vocational training, the Government has indicated in earlier reports that many Saudi women choose not to work, believing that their primary duties are to bring up their children and look after their homes. The Committee has noted the Government’s comments that the vocational training programmes available provide training in work that is beneficial to women and their families if they decide to remain at home. According to information provided in earlier reports, the Government indicated its intent to increase the capacities of existing centres for women as well as to inaugurate new centres and introduce new areas of specialization. In addition to the women’s training institutes mentioned in earlier reports, the Government stated that men and women are also trained side by side in a number of areas, including education, medicine, pharmacy, health inspection, nutrition, laboratory work, secretarial work, statistics, librarianship and administrative and financial tasks. The Government’s previous reports provided statistical data indicating that, in the academic year 1994-95, male students outnumbered female students at all levels of education, including in vocational and educational training centres, where approximately half as many women (3,206) as men (6,496) were enrolled. The Committee would appreciate receiving information in the Government’s next report on all measures taken to implement the national policy on non-discrimination in vocational education and training. Noting that the numbers of women participating in education and training is not reflected in the workforce, the Committee requests the Government to provide any information on career guidance and placement services.

5.  Noting that no information has been provided by the Government as to discrimination on grounds other than sex, the Committee requests the Government to provide information on measures taken to prohibit discrimination on the grounds of religion, political opinion, race and national extraction in employment and occupation in accordance with the Convention.

6.  The Committee is addressing a request directly to the Government on other points.