Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Saudi Arabia (Ratification: 1978)
Protocol of 2014 to the Forced Labour Convention, 1930 - Saudi Arabia (Ratification: 2021)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers with regard to the exaction of forced labour. In its previous comments, the Committee had referred to the vulnerable situation of migrant workers, particularly domestic workers who are excluded from the provisions of the Labour Code, who are often confronted with employment policies such as the visa “sponsorship” system and subjected to abusive employer practices such as the retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse which cause their employment to be transformed into situations that could amount to forced labour. The Committee had requested the Government to provide information on any measures taken to adopt regulations on the employment conditions of migrant domestic workers, pursuant to section 7 of the Labour Code.

The Committee notes the Government’s statement that it is aware of the magnitude of the seriousness of the situation of migrant domestic workers and that it is committed to expediting the process of adopting regulations on the work of this category of workers, especially in light of the Domestic Workers Convention, 2011 (No. 189).

The Committee also notes in the report of the UN Special Rapporteur on violence against women dated 14 April 2009, that “upon arrival, all migrants have their passport and residency permit taken away from them [...] and some find themselves in slave-like conditions”. Moreover, “female domestic workers who are among the most vulnerable to abuse [...] are sometimes locked up in the house with no possibility to make or receive phone calls, or are prohibited from leaving the house at their will” (A/HRC/11/6/Add.3 paragraphs 57 and 59).

Finally the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Saudi Arabia of 25 and 27 January 2012, entitled “Internationally recognized core labour standards in Saudi Arabia” that migrant workers are forced to work long hours, often all day long with little or no time for rest. Moreover, this ITUC report underlines that a “sponsor” system, also known as Kafala system, ties migrant workers to particular employers, limiting their options and freedom. A migrant worker is not allowed to change employer or leave the country without written consent of the employer. Workers cannot leave their job and in case a worker escapes the employer, then she/he cannot search for a new job, nor leave the country. This system in conjunction with the practice of confiscating travel documents and withdrawing wages puts workers under conditions akin to slavery.

The Committee highlights the importance of taking effective action to ensure that the system of employment of migrant workers, including migrant domestic workers, does not place the workers concerned in a situation of increased vulnerability, particularly when they are confronted with employment policies such as the visas “sponsorship” system and subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuses. Such practices might cause their employment to be transformed into situations that could amount to forced labour.

The Committee therefore requests the Government to take the necessary measures to ensure that the regulations on migrant domestic workers will be adopted without delay. It expresses the firm hope that these regulations will include provisions specifically tailored to the difficult circumstances faced by migrant domestic workers and in particular to the problems caused by the visa “sponsorship” system, and will ensure that domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. It requests the Government to provide a copy of these regulations as soon as they are adopted.

Article 25. Penalties for the exaction of forced or compulsory labour. Over a number of years, the Committee has been observing that the Labour Code does not contain any specific provisions prohibiting forced labour. In this regard, it notes 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 observes, once again however, 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 recalls, that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and that States must ensure that the penalties imposed by law are really adequate and strictly enforced. Article 25 provides a repressive component which ultimately plays a preventive role, since the effective punishment of perpetrators encourages victims to lodge complaints and has a dissuasive effect (paragraph 140 of 2007 General Survey on forced labour).

The Committee therefore requests the Government to take the necessary measures with a view to amending the national legislation, so as to provide for the prohibition of forced labour, and to make violations punishable with penal sanctions, which should be really adequate and strictly enforced, as required by Article 25 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.