Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously expressed concern regarding the absence of legislation on sexual harassment, and the particular vulnerability of domestic workers to sexual harassment. In this respect, the Committee notes that Order No. 310 of 2013 does not contain any provision addressing this issue. According to the report of the direct contacts mission which visited the country from 1 to 6 February 2014, a recent tripartite social dialogue forum submitted recommendations on a decent work environment for women which highlighted challenges such as sexual harassment, and the Ministry of Labour is working with the Women’s Section of the Chamber of Commerce in Jeddah to address this issue. The Government refers in its report to a regulation being prepared with the Advisory Council for Women’s Work and which would soon be issued. The Committee also notes the Government’s indication that the competent authorities are currently examining the possibility of penalizing sexual harassment. However, it remains unclear whether there any legal provisions currently in force addressing the issue of sexual harassment. The Committee wishes to point out in this respect that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee requests the Government to take the necessary measures to ensure that all workers, including domestic workers, are protected in law and practice against all forms of sexual harassment in employment and occupation and to provide for adequate means of redress. It requests the Government to provide information on the measures taken in this respect, including on the relevant laws or regulations adopted, on specific information on the complaints mechanisms in place and a summary of any administrative or judicial decisions issued in relation to this issue. Please also provide information on any developments regarding the adoption of the draft regulation penalizing crimes against men and women employees and its content.

Articles 1(1)(b) and 2. Promoting employment of persons with disabilities. The Committee notes with interest the numerous measures taken with regard to workers with disabilities, including the projects to be carried out from 2013 to 2015, under the “Tawafoq” Programme to promote the employment of persons with disabilities. The Committee notes from the report of the direct contacts mission that, following the findings of a study identifying obstacles to the employment of persons with disabilities (the lack of clarity of the legislation and definitions, limited skills, transportation), a review of the Labour Law is being undertaken to determine the necessary changes. The Government indicates that an emphasis will be placed on technical skills and incentives to hire persons with disabilities. The Committee also notes that a business and disability network has been launched in the country, which includes 48 companies in a wide variety of sectors. The Committee requests the Government to continue to provide information on programmes for workers with disabilities, including statistics disaggregated by sex on the number of beneficiaries, and their results in practice in terms of the employment of men and women with disabilities.

[The Government is asked to reply in detail to the present comments in 2016.]