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

Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)

A Government representative referred to the ILO High-level Mission that had visited Saudi Arabia in September 2006. The mission had observed the level of economic, political and social progress witnessed by the country and the changes in the composition of the labour market. The mission had drafted recommendations which were being taken into account by the relevant State bodies. Since 2006, there had been positive developments, including the promulgation of the Labour Code, which was the outcome of the inputs of national experts in consultation with ILO experts and the social partners. The Labour Code was comprehensive and took into account the majority of the Committee of Experts’ observations. In this regard, the speaker underlined that the majority of laws (especially the Labour Code), regulations, instructions and the decisions of the Shura Council and the Council of Ministers, reaffirmed that the official policy was based on combating all forms of discrimination, segregation or exclusion on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, in conformity with Article 1 of the Convention. He stated that Saudi society was based on equality in rights and obligations, in line with the Constitution and the rules of Islamic Sharia which prohibited all forms of discrimination, exploitation or injustice. With respect to persons residing in Saudi Arabia, he indicated that there was no discriminatory policy, declared or hidden, towards these persons, whose numbers exceeded 11 million. They contributed without any discrimination or segregation to the sustainable development of Saudi Arabia as well as to the development of their countries of origin through their remittances, and the experience they acquired. Concerning the legislation in force, all regulations were based on the prohibition of discrimination or segregation in treatment between citizens or between citizens and migrant workers, as evidenced by the Labour Code. There was no distinction between men and women, or between citizens and non-citizens.

Concerning the specific issues raised by the Committee of Experts, he stated that section 6 of the Labour Code regulated casual, seasonal and temporary work without any discrimination between such workers and permanent workers as to obligations, maximum number of hours of work, weekly and daily rest periods, overtime, official holidays, training, occupational safety and health and occupational accidents. All workers could resort, on an equal footing, to dispute settlement bodies. The Ministry of Labour had launched a huge project, the cost of which exceeded US$26 million, for the development of such labour dispute settlement bodies. As regards domestic workers, the speaker highlighted that the Ministry of Labour had exerted efforts, in collaboration with the National Agency for Human Rights and the Shura Council, which had resulted in the adoption of a regulation on domestic workers, which took into account the principles enshrined in international labour standards and was currently before the high authorities for decision. Concerning the legal protection of all categories of migrant workers and the regulation of the labour market, he indicated that the Ministry of Labour had taken several measures, including the protection of wages system which monitored all financial entitlements to be paid to workers in the private sector, and the programme for insuring domestic workers which safeguarded the rights of domestic workers. In this regard, a regulation had also been adopted on the work of recruitment agencies, which were made subject to the monitoring of the Ministry of Labour in order to regulate the market of migrant workers so as to ensure the protection of their rights as well as the interests of employers. The Council of Ministers had, therefore, authorized the Minister of Labour to negotiate and sign bilateral agreements with the countries of origin of domestic workers. A model for such a bilateral agreement inspired by international labour standards had been adopted. Its aim was to regulate the relationship between the domestic worker and the employer in order to safeguard the rights of both parties. Last month, the first of such agreements had been signed with the Government of the Philippines. Consultations were under way with other labour-supplying countries of origin for the conclusion of similar agreements.

With respect to the Committee of Experts’ observation on the sponsorship issue, the speaker stated that sponsorship did not exist in Saudi Arabia and that the Labour Code had been amended to regulate the relationship between the employer and the worker, based on a contract. The Labour Code did not discriminate between men and women in rights and obligations nor as regards equal opportunity and treatment in employment and occupation. His Government objected to the Committee of Experts’ comments concerning the term “specific nature of women’s work”. Section 149 of the Labour Code sought to prohibit employers from employing women in such occupations which jeopardized women’s health, or were likely to expose them to specific risks; such work was prohibited or restricted under specific conditions. In this context, section 150 of the Labour Code regulated night work of women. Furthermore, several measures had been taken by the Ministries of Education, of Higher Education and of Labour, the Shura Council, the General Agency for Technical and Vocational Training, the Human Resources Development Fund and other bodies, to increase women’s participation in higher-level and in non-traditional positions. Women also had the right to nomination and election for municipal councils. After the visit of the High-level mission, the Council of Ministers had promulgated Decision No. 158 of 18 June 2008 approving the national plan for training at the General Agency for Technical and Vocational Training. With respect to women’s participation in committees and courts, a Royal Decree had been promulgated to set up women’s units in courts under the supervision of an independent women’s department in the main office of the judiciary. Furthermore, programmes aimed at women’s employment had been launched with success. Thus, more than 180,000 women had been employed in the last two years, which was more than triple the number employed in three decades. A third social symposium on women’s employment was scheduled to be held in the forthcoming months, in collaboration with the ILO. With regard to sexual harassment, the Government considered that this phenomenon did not exist in Saudi Arabia. However, the penalization of sexual harassment was currently being considered by the relevant bodies. In this regard, he underlined that the right to prosecute was guaranteed to all citizens and residents in the country. In practice, labour inspectors or the bodies in charge of labour dispute settlement had not received any cases related to discrimination in employment and occupation. His Government requested that the case be removed from the list of individual cases, and it continued to be committed to collaborating with the ILO and its bodies to ensure compliance with international labour standards.

The Worker members observed that, according to the Government’s information, Saudi Arabia would appear to be an exemplary country in terms of discrimination. However, the Convention required countries to take specific action to fight all discrimination in law and in practice and to have a national policy to actively promote equal opportunities and treatment in employment and occupation. They recalled that in 2006 an ILO High-level mission had made proposals to the Government, including carrying out a national survey of the situation in the country, developing an action plan and putting together a multi-stakeholder task force. With regard to legislation, the 2006 Labour Code still did not contain any specific provisions defining and prohibiting discrimination in employment and occupation. Concerning agricultural and domestic workers, according to the Government, the Ministry of Labour viewed it as a priority to draft regulations specifically for agricultural and rural workers. The Ministry had also prepared a document to ensure that domestic workers were paid their wages and had medical coverage, but this did not specifically provide for protection against discrimination. With regard to migrant workers, the Government had recognized that the recruitment system (sponsorship) could be open to exploitation and abuse and had undertaken to abolish it. Meanwhile, the Ministry of Labour had taken a number of steps to better protect migrant workers, such as: creating a department for the welfare of expatriate workers; adopting regulations on recruitment agencies; drafting a model agreement for employers and domestic workers; and authorizing the negotiation of bilateral agreements with countries of origin of migrant workers. Concerning women, occupational gender segregation remained a dominant characteristic of the country, with women being confined to jobs “suitable to their nature”. The Government did not consider this to be discrimination but was nevertheless examining the possibility of revoking it. Regarding sexual harassment, there was no legislation, but the Government had reported that it was considering prohibiting such acts. With regard to the application of legislation, the Government indicated that no complaints of discrimination in employment or occupation had been made. The Worker members considered that the absence of complaints could be the result of the lack of an appropriate legal framework, the absence of practical access to procedures, or even due to fear of reprisals. The Government had referred to a royal decree of 2008 that provided for the creation of women’s units in courts and justice departments, but had not given any specific information on the implementation of that decree.

The Employer members recalled that the issues under discussion were similar to those examined by the Committee in 2005, particularly the lack of specific provisions in national legislation, and not specific violations relating to discrimination. The Government had demonstrated progress, and the activities that had been undertaken in this regard could inform the situation, given the lack of specific provisions in legislation addressing discrimination. Turning to the issue of a national equality policy, the Employer members recalled that while Article 2 of the Convention required the adoption of such a policy, the Convention did not specify what this policy should contain. In this regard, it was necessary to examine what had been done practically. Particularly, as called for by the Committee of Experts, a tripartite process to develop an action plan was underway in which the employers in the country were actively involved. However, much work remained. Saudi Arabia was a complex country, comprising a large number of specific groups within the population, as well as 10 million temporary migrant workers. On the issue of segregation, the Employer members underlined that it was important to examine whether women were actively prohibited or discouraged from working, or whether the labour force participation statistics simply reflected the particular norms in the country. Particularly, it was important to examine whether such statistics were a reflection of what was viewed as appropriate in the country, instead of reflecting particular barriers to participation. No country was free of discrimination, but in Saudi Arabia, discrimination did not appear to be encouraged or systemic. Referring to agricultural workers, the Employer members recalled that these workers represented a small percentage of the population, and that the Government was taking measures to address their situation. Concerning domestic workers, activities had been taken to protect this group in line with the spirit of the Domestic Workers Convention, 2011 (No. 189). These included the setting-up of banks accounts to ensure that domestic workers would be paid, measures against the confiscation of passports and access to dispute settlement procedures. While the Government needed to take further measures to ensure that migrant domestic workers were informed of their rights, countries of origin also had to take measures to raise awareness among migrant workers. The Committee of Experts’ observation referred to different facets of discrimination. In each instance, the Government had made it clear that it did not condone discrimination, and that it was working actively, albeit not legislatively, to address this. Specific legislative measures concerning discrimination could be beneficial, and the Government should be encouraged to take steps in this regard, as well as to continue to take practical measures.

The Worker member of the Philippines highlighted that Saudi Arabia was a country where 385,000 Filipino workers were deployed, 30 per cent of whom were low-skilled workers including domestic workers. Cases had been filed before the Philippine Overseas Employment Agency by domestic workers, in particular for maltreatment, abuse and violence against women. The Labour Code of 2006 excluded domestic workers from its coverage and draft regulations to cover domestic workers had not yet been adopted. He hoped that the bilateral agreements signed between Saudi Arabia and the Philippines on migrant domestic workers, as well as on a standard employment contract governing the employment of Filipino household service workers, would lead to the adoption of national legislation or regulations for domestic workers. In addition, over 9 million migrant workers constituted more than half the workforce in Saudi Arabia. Even though the Ministry of Labour had proposed to abolish the kafala system, the change had not taken effect so far. Moreover, Islamic law in the country did not guarantee equality for women. Information concerning the definition and prohibition of sexual harassment was not available. The biases built into law and practice therefore led to the differential treatment of foreign workers, including differences in pay, depending on their country of origin.

The Worker member of Indonesia highlighted that non-Arab persons of African and Asian origin were often victims of violence including at the workplace. She expressed serious concerns about the impact of the national “Saudization” policy, which aimed at reducing the number of migrants in favour of Saudi workers. Labour laws required a quota for Saudi employees in all businesses, and this was punishable with fines. As employers in small and medium-sized enterprises had largely refused to pay increased fees for work permits, which were aimed at creating jobs for Saudis, most migrant workers had become illegal, and lost their jobs and livelihoods. In 2013, foreign workers had stayed away en masse from their workplaces, as the Government had mounted a crackdown on illegal residents. Migrant workers had no basic political or democratic rights. As unions were illegal, the workers had recourse only in the labour court, but the possession of a foreign nationality could be a significant disadvantage in obtaining redress through the courts.

The Worker member of Canada highlighted that women accounted for only 4 per cent of the total workforce as well as 10.7 per cent of the national Saudi workforce, and that the labour market was segregated. Except four cases under new decrees, under the labour legislation, women must seek permission of their guardian in order to perform work that was not “suitable to their nature”. Women were not allowed to enrol in academic subjects such as legal services or engineering. The prohibition of driving resulted in additional transportation costs for employers to employ female workers. There were no laws criminalizing violence against women nor prohibiting sexual harassment at the workplace. There was limited information on sexual harassment, since raising a complaint was also problematic. In rape cases, the courts routinely punished both the victim and the perpetrator. Concerning racial discrimination, among over 9 million migrant workers continued to suffer multiple abuses and labour exploitation, sometimes amounting to slavery-like conditions. The proposal to abolish the kafala system had not yet taken effect. The Shia minority also faced discrimination, including in employment. The speaker expressed serious concerns about the impact of the national “Saudization” policy which aimed at reducing the number of migrant workers in favour of Saudi workers. Labour laws required a quota for Saudi employees in all businesses, and this was punishable with sanctions of fines. Labour laws also tightened the requirement that foreign workers should not be employed by anyone except their original sponsor. He also referred to discrimination concerning lesbian, gay, bisexual and transgender workers, and workers with disabilities, as well as the law requiring the deportation of any migrant worker who was found to be HIV positive. The lack of effective enforcement was also an issue. He urged the Government to urgently: (i) install effective and accessible complaint mechanisms and grievance procedures; (ii) suppress the obstacles for the recruitment and employment of women; (iii) establish a multi-stakeholder task force to develop and implement a national equality policy; and (iv) adapt the Residency Law to lift the requirement of the sponsor’s consent to change jobs or leave the country.

The Employer member of Saudi Arabia indicated that employers in the country had been invited on numerous occasions to discuss with the Ministry of Labour and the workers committees, amendments and additions to some of the labour laws and regulations, including those related to non-discrimination. They had also participated in drafting new regulations concerning domestic workers. New rules for migrant workers allowed such workers to transfer to new employers, and measures had been taken to ensure that such workers had recourse to exercise their rights. Several steps had also been taken concerning women’s participation in the workplace, including the annulment of the legislation relating to segregation in the workplace, the annulment of the requirement of the consent of a woman’s guardian for the issuing of a work permit, and the allocation of some jobs specifically for women to force more resistant private sector actors to employ them. Nonetheless the issue of discrimination remained, and further action by the society was needed to complement the action taken by the State. A recent survey had indicated that 54 per cent of women surveyed would only accept to work in a segregated environment and 80 per cent of women surveyed preferred to work from home. These figures were not presented as a defence of the situation, but to underline that realizing the goal of an integrated economy required a process that was inclusive, representative and respectful of differences. The situation in Saudi Arabia was complex, and therefore the employers in the country were examining methods appropriate to national conditions to address the participation of women in the workforce. This included highlighting and clarifying the true progressive nature of the role that Islam gave to women in society. Referring to several initiatives undertaken by employers in the country relating to women in the workforce, the speaker underlined that despite obvious limitations and challenges, progress in the country was clear.

The Worker member of Libya stressed that Islam drew no distinction between the rights and obligations of men and women, but that was not necessarily the case in Saudi Arabia. In that regard, the speaker referred to discrimination against women in terms of transport and recalled that Saudi Arabia was the only country that prevented women from driving cars, despite promises to change the position. The cost of transport was therefore higher for women than for men as they had to pay a driver. Although there were opportunities for women to work in the country, the price of transport nevertheless presented an enormous obstacle, particularly if women wished to join the labour market.

The Government representative expressed appreciation for the observations made by the Employer and Worker members and indicated that all comments would be taken into consideration. The Government’s policy of non-discrimination was based on principles enshrined in its national legislation. Moreover, migrant workers were an integral part of the process of sustainable development in the country and were treated on an equal footing with Saudi nationals. The Government would continue to work with its social partners so as to ensure better integration and a better working environment. Saudi Arabia hosted one of the largest numbers of migrant workers in the world. Thousands of cases of illicit workers had been resolved. Women, like men, had always been taken into consideration in the formulation of policy on education and vocational training. The Government representative emphasized that the Government attached great importance to its relationship with the ILO and would continue to collaborate with the ILO supervisory bodies to ensure the application of international labour standards.

The Worker members emphasized that the Convention was based on the theory that no society was free of discrimination and that all societies should therefore have an equality policy, not only to remove all discrimination from legislation and administrative practices but also to implement programmes to promote equality. They deplored the fact that the Government was making little effort to follow either the letter or the spirit of the Convention, despite the suggestions made by the ILO High-level mission in 2006. The Labour Code still did not formally prohibit either discrimination in employment and occupation or sexual harassment. Domestic workers enjoyed a certain degree of protection in terms of wages and medical care, but not against discrimination. Migrant workers were considered second-class workers and benefited only from certain specific provisions. Women were restricted to a limited number of occupations. The country had no judicial or administrative framework to identify or deal with discrimination in employment. As a result, the Worker members proposed that the Government accept an ILO direct contacts mission to identify exactly which legislation should be amended and to define what policies should be formulated to promote equality, 35 years after the Convention had been ratified.

The Employer members recalled the Worker members’ statement that no society was completely free of discrimination and that all countries had occasional instances of discrimination, including Saudi Arabia. However, the Government was very clear that it was moving in a direction consistent with the Convention and its stated position was that it neither condoned nor accepted discrimination. While some aspects of life in Saudi Arabia might appear to reflect discrimination, the Employer members cautioned that this was not necessarily the whole picture. Particularly, segregation in the labour force could instead be a reflection of the personal preferences of women. However, any specific barriers or prohibitions that prevented the realization of aspirations were unacceptable and should be addressed. The Employer members indicated that while there might have been situations of migrant workers being treated less favourably, it was important to understand the context. Particularly, migrant workers might not always be aware that they could have recourse to the court system, and this lack of knowledge needed to be addressed. The Employer members underlined that some measures had been taken thus far in a consultative tripartite manner, and that further measures in this regard were necessary. A direct contacts mission and the provision of expertise on a tripartite basis would be an important opportunity to ensure that the Government was aware of the various issues and provided with the necessary assistance. Such a mission could be very constructive, and should not be seen as a criticism.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed.

The Committee noted that it had last examined this case in 2005, at which time it raised issues concerning the need to declare and pursue a national equality policy, to provide effective legislative protection for migrant workers against discrimination, in particular to deal with the problems of domestic workers and those who required special protection against the effects of the foreign sponsorship system. The Committee had also raised concerns that women continued to be excluded from certain jobs and occupations, and requested the Government to take effective measures to promote and ensure the equal access of women to employment and all occupations.

The Committee noted the information provided by the Government in relation to recent developments, including the increase in the number of women in employment and the establishment of the National Observatory for Labour and the Virtual Labour Market, which the Government considered would support strategies for decent work without discrimination, including for women, persons with disabilities and marginalized groups. Regarding the exclusion of domestic workers and agricultural workers from the Labour Code, the Government indicated that these workers could still bring cases before the courts, though none had been filed. The Committee also noted the Government’s indication that there had been several initiatives to protect specifically migrant workers, including a programme for the protection of wages, new regulations for employment agencies, and negotiations on bilateral agreements with countries of origin, with an agreement having been concluded with the Philippines.

Acknowledging that no society is free of discrimination, the Committee noted that addressing discrimination was an ongoing process requiring regular action. The Committee noted that the national equality policy required under the Convention needed to be concrete, specific and effective. As the impact of the Government’s efforts in this area remained unclear, it urged the Government to ensure it had a national policy designed to promote equality of opportunity and treatment in employment and occupation, for all workers, with a view to the elimination, in the very near future, of any discrimination on all the grounds set out in the Convention. Given the very high number of migrant workers, it asked the Government to give particular attention to ensuring that the rights of migrant workers, including domestic workers, were being effectively protected, and that they were aware of their rights, and able to obtain appropriate redress in cases of discrimination and abuse. It also encouraged the Government to continue to negotiate bilateral agreements with countries of origin, which would ensure the rights of migrant workers once they were in the country, and also oblige the countries of origin to take measures for their protection.

The Committee requested the Government to accept a direct contacts mission with a view to assessing the situation on the ground and assisting the Government and the social partners to continue to make tangible progress in the application of the Convention. The Committee requested the Government to provide a report to the Committee of Experts, including detailed information regarding all issues raised by this Committee and the Committee of Experts, for examination at its next meeting.

The Government representative stated that the report and comments that the Government had provided to the Committee of Experts had been clear and comprehensive. There was strong technical cooperation with the ILO in different areas such as social dialogue and labour market policy. It would be important for the Committee to review the reports from other international organizations such as the Organisation for Economic Co-operation and Development (OECD) and the World Bank, which illustrated the manner in which his Government had taken the lead in many crucial areas. Although there was no reason to include the recommendation for a direct contacts mission into the Committee’s conclusions, his Government would be pleased to invite an ILO mission headed by the Director-General to visit Saudi Arabia in order to enhance technical cooperation relating to the application of the Convention.

Individual Case (CAS) - Discussion: 2005, Publication: 93rd ILC session (2005)

A Government representative assured the Committee of his country's commitment to comply with the ILO Conventions that it had ratified and that it was also envisaging the ratification of other Conventions. He described his country's cooperation with the ILO and mentioned, as an example, the technical assistance provided in the framework of the draft Labour Code, which had later been discussed in the Consultation Council before being submitted to the Council of Ministers. Various ILO technical missions had visited his country. He indicated that national laws and regulations were not discriminatory, and that the issues raised by the Committee of Experts could be the result of a problem in the supervision of their implementation. The Constitution of Saudi Arabia guaranteed human dignity, equality and justice, and prohibited any form of injustice.

His country regularly examined its legal texts with a view to improving them through reforms in all fields. Moreover, a number of reforms had been adopted which were beneficial to both Saudi nationals and foreign nationals. Examples included reforms for the promotion of women's rights in the fields of education, training and employment, while other measures were planned. In Saudi Arabia, there were 2,200,000 women students in higher education representing 50 per cent of all students while, in higher education women represented even 58 per cent of the students; 26 technical training facilities for women had been constructed and there was a plan to open 15 others. Women represented 24 per cent of physicians and 53 per cent of nurses. There were over 429,000 women working in 2004, a figure which would reach 847,000 in 2009, and 253,000 women were working in the public sector, representing 34 per cent of public servants as a whole. Moreover, national legislation guaranteed equality between men and women in respect of both rights and obligations. His Government had taken a number of measures intended to reinforce the labour inspection system so as to guarantee the application of the Conventions that had been ratified. Measures had also been taken to guarantee the rights of migrant workers and prohibit their inhumane treatment. While certain migrant workers could believe that their wages had been reduced upon arrival in the Kingdom, this was due to the fact that intermediate agencies in the country of origin of these workers were giving them misleading information about their wages and the nature of the work to be done. Consultations had been held with their countries of origin with a view to finding more appropriate solutions to the problems which arose. Measures had also been taken to prevent the confiscation of migrant workers' passports and to guarantee their freedom of movement in the country. To reinforce the application of these measures, the Ministry of Labour had established an administrative body responsible for the protection of migrant workers. In the same context the Minister of Labour had recently taken a decision concerning the prohibition of all form of human trafficking, including the sale of persons, non-compliance with contract obligations and inhumane treatment.

In conclusion, he emphasized that his Government was requesting the Office to send a technical assistance mission from the International Labour Standards Department to address the issues raised in the comments of the Committee of Experts concerning this Convention and the other Conventions ratified by his country.

The Worker members thanked the Government representative for the information provided and welcomed the Government's commitment to implement the Convention. They welcomed the statistics on the participation of women in employment and vocational training and the Government's request for technical assistance. They stated that the case of Saudi Arabia was mainly a case of allegations, requests and question marks. Despite the Government's good intentions, it had not provided much information on the issues raised by the ICFTU, and they supported the request made by the Committee of Experts to the Government to provide full and detailed information on this matter as quickly as possible. On a few points however, they wished to go beyond the questions and requests for information made by the Committee of Experts.

First, with respect to discrimination against migrant workers, the Committee of Experts had expressed concern at the effects of the foreign labour sponsorship system on migrant workers. Despite the seriousness of the allegations made, the Government's reaction to these allegations was not very convincing. According to the Government, there was no basis for discrimination in any form in the law and it was unaware of the alleged reduction of wages. The Government also claimed that, if these practices existed at all, they were isolated incidents and mainly caused by the malfunctioning and malpractices of mediating offices in sending countries. The concern of the Committee of Experts related to the fact that the legislation regulating the labour sponsoring system gave disproportionate powers to employers over migrant workers, which could lead to discrimination on the basis of race and national extraction with respect to their conditions of work. The Worker members called for the Committee's conclusions on the case to request the Government to clarify in its next report whether the present legislation and special regulations in practice afforded sufficient protection to migrant workers. If this was not the case, the Government would need to bring its legislation in line with the Convention.

Second, with regard to the adoption and implementation of a national policy to promote equality of opportunity and treatment, as required by Article 2 of the Convention, the Worker members referred to the comments of the Committee of Experts and urged the Government to take measures to address these gaps in the relevant legislation in line with the Committee of Experts' observations. They indicated that they wished to see this clearly reflected in the Committee's conclusions on this case.

Third, they referred to the comments made by the Committee of Experts with respect to discrimination against migrant workers on the basis of sex with particular reference to migrant domestic workers. The allegations included references to shortcomings in law and practice, in particular the fact that the Labour Code did not protect domestic workers. While this had not been denied by the Government, its position seemed to be that such protection by the law was not necessary as domestic workers were sufficiently protected by the habit of Saudi Arabians to treat them as members of their families. However, even if this was true, it would still be unacceptable for the Convention not to be implemented in law. The Worker members would have liked the Committee of Experts to be more precise and firm in its reaction to the Government's position. There was not a single indication in the report that legal measures to protect migrant domestic workers were indeed in place and the Government representative had not provided any information in this regard. It should therefore be clearly stated in the conclusions that such measures should be included in the relevant legislation, unless of course the Government could provide assurances that this was all a misunderstanding and that the relevant legal provisions did indeed already exist. In such a case, the Government was urged to make the relevant legal texts available to the Committee of Experts as soon as possible.

Fourth, with regard to section 160 of the Labour Code, even if this provision did not result in de facto segregation on the basis of sex, which was questionable, the section should still be repealed. Saudi Arabia had to implement the Convention in practice as well as in law. The legislation should be brought into line with the Convention. The Committee's conclusions should therefore encourage the Government to repeal section 160 of the Labour Code.

Finally, the Worker members recalled that Article 3(a) of the Convention provided that each country for which the Convention was in force had to undertake, by methods appropriate to national conditions and practice, to seek the cooperation of employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation. They requested the Government to explain in its next report the manner in which this Article was implemented and called upon the Government to seek the contribution of organized labour and business in Saudi Arabia in collecting the information to be supplied to the ILO.

The Employer members thanked the Government representative for attending the discussion of this case by the Committee and referred to the last occasion on which it had been examined by the Committee in 1993. The focus of the discussion on that occasion had been on the issue of equality of opportunity and treatment of men and women workers, particularly in view of the provisions of section 160 of the 1969 Labour Code, which proclaimed that in no case should men and women intermingle at the workplace. They recalled that 12 years had since elapsed, but the situation was still essentially the same, despite the fact that occupational segregation was in violation of the basic principles set out in the Convention. The second aspect of the discussion in 1993 had concerned the access of women to vocational education and training.

With regard to the comments made by the Committee of Experts this year, the Employer members noted the indication that other matters were being raised in a request addressed directly to the Government. They suggested that in future it would be useful if the Committee of Experts could give some indication of the subjects covered by such direct requests. One aspect raised in the comments of the Committee of Experts concerned discrimination against migrant workers, particularly on grounds of race, sex, religion and national extraction. In this respect, the Committee of Experts had placed emphasis on the difficulties faced by migrant workers in gaining access to the courts so as to be able to enforce the rights that were legally recognized. Paragraph 7 of the observation by the Committee of Experts was of particular importance. It drew attention to the obligation of the Government, under Article 2 of the Convention, to declare and pursue a national policy designed to promote equality of treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Employer members emphasized that much clearly remained to be done to give effect to this provision. They therefore proposed that the Government request the technical assistance of the ILO, which could be very helpful to the Government in establishing laws and regulations as a basis for a credible policy of non-discrimination in employment and occupation.

The Government representative thanked the Employer and Worker members for their comments and indicated that they would be taken into consideration. He recalled that the ILO had been created to safeguard the rights of employers and workers. In response to the comments made, he indicated that no restrictions were placed on the employment opportunities of migrant workers, who benefited from all the facilities available to workers of Saudi nationality. If they were seeking work, they could make use of temporary work agencies with a view to entering a new employment relationship. Employers of migrant workers did not have a hold over them and they were free to seek alternative employment. He said that his Government had devoted considerable attention to issues relating to domestic workers and that contacts and cooperation had been established between the Ministry of Labour and the authorities of the major sending countries. A new department had been established within the Ministry to look after the welfare of migrant workers and an emergency telephone line had been established for women domestic workers. Through these channels, migrant workers in Saudi Arabia could seek help, as well as assistance in finding alternative employment. In response to the comments made concerning section 160 of the Labour Code, he noted that its provisions were based on the societal culture in the country. He emphasized that men and women workers enjoyed exactly the same rights and freedoms, but that the work was performed in two different places. Finally, he re-emphasized that many training opportunities were being developed for women, including the establishment of 26 technical schools.

The Worker members thanked the Government representative for the additional information provided. However, this information had not removed their concerns, which they hoped would be reflected in the Committee's conclusions. Moreover, the conclusions should make the link between the matters that were of concern and the areas on which the proposed technical commission would focus. They emphasized that it was not enough for the Government to make promises, or just to say that the practices that were the subject of the comments of the Committee of Experts were a product of the national culture. The ratification of a Convention was an act of free will by a country and if the Committee of Experts demonstrated that the national legislation was not in accordance with the requirements of the Convention, the Government should amend its legislation as rapidly as possible to bring it into line in accordance with the recommendations of the ILO supervisory bodies.

The Committee noted the statement made by the Government representative of Saudi Arabia as well as the ensuing discussion. It noted that the observation of the Committee of Experts discussed by the Committee dealt with serious allegations made by the International Confederation of Free Trade Union (ICFTU) of substantial discrimination against men and women migrant workers on the basis of race, religion and sex, as well as occupational segregation on the basis of sex and the access of women to vocational training, education and particular occupations.

The Committee noted the information provided by the Government representative concerning a new draft Labour Code which was currently being examined. The Government had referred to the measures undertaken by it to improve the access to employment, education and training of women with a view to increasing their participation in the labour market. Statistics had been provided on the participation of women in the labour market, as well as information concerning the measures taken to protect domestic workers. The Government had reiterated its commitment to dialogue and its openness to ILO technical assistance.

The Committee noted the efforts made by the Government to promote and protect the rights of male and female migrant workers. It noted however that the practical impact of those efforts remained unclear, and that considerable problems appeared to exist in the application of the Convention in law and practice with regard to the situation of migrant workers. The Committee therefore emphasized the importance of carrying out a more detailed examination of the situation of men and women migrant workers with a view to determining the situation in practice, as requested by the Committee of Experts. The Committee invited the Government, as recommended by the Committee of Experts, to declare and pursue a national equality policy which covered all workers, including migrant workers, with a view to eliminating discrimination against them on all the grounds listed in the Convention. The Committee emphasized that such a policy had to include effective mechanisms to address existing discrimination, including remedies accessible to men and women migrant workers. In doing so, the Government should fully consult with and involve employers' and workers' organizations, as well as other appropriate bodies, in accordance with Article 3(a) of the Convention. The Committee also requested the Government to take the necessary measures to bring its legislation into line with the Convention so as to provide effective protection for migrant workers against discrimination, in particular measures to deal with the problems of domestic workers and of workers who required special protection against the effects of the foreign labour sponsorship system.

The Committee welcomed the efforts to promote women's access to vocational training and education in various disciplines and hoped that further progress would be possible in the future. However, the Committee continued to be concerned that women continued to be excluded from certain jobs and occupations. It requested the Government to take effective measures to promote and ensure the equal access of women to employment and all occupations.

The Committee noted, as indicated by the Committee of Experts, that section 160 of the Labour Code could result in occupational segregation by sex. The Committee hoped that the new Labour Code, which was currently under review would take into account fully the requirements of the comments of the Convention and the Committee of Experts, and the above section would be repealed.

The Committee welcomed the Government's request for a technical assistance mission and considered that this assistance should include all the points raised by the Committee of Experts and the Conference Committee concerning the effective application of the Convention in law and practice.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative stated, with respect in particular to the first point of the observation of the Committee of Experts that the provisions of the Islamic law (the Shariah) constituted the highest law and were the source of all the legislation. They constituted the written Constitution which called for equality in all areas of life without any discrimination on any grounds. The principles were promulgated in particular in the educational curricula and through mass media means.

Concerning section 160 of the Labour Code, referred to by the Committee of Experts in the second point of its observation, the Government representative stated that non-mixing of men and women in the workplace did not have any incidence on the rules concerning equality of opportunity and treatment in employment and occupation, because in the conditions of employment and in the choice of occupation this non-mixing of men and women arose only after the recruitment. The women were admitted to occupations that were in conformity with their nature. All occupations were open to them, but the employers were required to ensure that men and women did not actually work together in the workplace. It was a linguistic or semantic problem which made the Committee of Experts state that the choice was being made for women rather than by women. This measure was inspired by the current Islamic traditions aimed at protecting the honour and virtue of women. The repeal of this provision was out of the question. He thought that it would not be appropriate to apply the same rules and points of view to his country, which had a Constitution founded on Islamic law, as to the countries founded on positive law. It would be appreciated if a member of the Committee of Experts would have qualifications in Islamic law. Concerning the third point on equality in the area of vocational training, he recalled that the law of 1988 clearly stated that equality in employment was important. The Committee of Experts, however, had misinterpreted the Government's reply on this matter. The Government had supplied information on the vocational training. Concerning the points 4 and 5, he stated that the list of dangerous occupations could be supplied only after it had been adopted. Concerning the professions of doctors and judges, there was no institute for the training of doctors and this was learnt on the job. In relation to statistics referred to by the Committee of Experts, he stated that his Government considered it necessary that account be taken of the fact that, in his country, women were not obliged to work because the Shariah set out the obligation on the head of the family to provide for the needs of the spouse and the family.

The Workers' members noted the appeal made by the Government representative for dialogue in this Committee, but queried whether this would be possible if the Government continued to reply, each time there was a query as to the application of the Convention, that the measures were in conformity with Islamic law. Nor did a criticism of the Committee of Experts for not having an expert in Islamic law really help the Government's case, as the Committee's job was simply to know the Conventions and to examine any laws which might affect their application. Furthermore, they recalled that a member of the Committee of Experts was from Kuwait. Article 3 of the Convention required not only that the legislation be in conformity with the Convention, but also that the Government promote educational programmes designed to secure the acceptance of a national policy of equality of opportunity and treatment. In Saudi Arabia, however, there existed certain provisions which jeopardize such equality. For example, section 160 of the Labour Code provided that "in no case may men and women co-mingle in the place of employment". A law which prevented men and women from working together was likely to imply a measure of inequality. Yet, the Government representative had indicated that this provision could not be repealed because it was in conformity with Islamic law and had repeated that women should only occupy jobs which suited their nature and were not contrary to the traditions of the country. The Workers' members stressed that, in accordance with the Convention, women should have the right to take up any type of employment. The situation in Saudi Arabia appeared to restrict women from such opportunities. Despite the cultural and religious arguments put forward by the Government, there was no doubt that the above provision led, in practice, to discrimination against women in employment. As concerned vocational training, women could only receive training in the occupational activities which would interest them most as wives and mothers. The training made available to women, therefore, was in the areas of nursing, the health sector, sewing and teaching. The Workers' members referred to the 1988 General Survey on Equality in Employment and Occupation of the Committee of Experts which indicated that archaic and stereotyped concepts with regard to the roles of men and women were at the origin of types of discrimination based on sex and occupational segregation according to sex which led to the concentration of men and women in different occupations and sectors of activity. They recalled that, in order to understand fully the situation in the country, the Committee of Experts had requested the Government to provide statistics on the number of women having access to training for the occupations of doctor and magistrate, but noted that such statistics had not yet been made available. They expressed concern at the circular logic of the Government which restricted itself to arguing simply that Islamic law was applied and did not permit discrimination. The Committee of Experts, however, had concluded, after examining the legislation, that certain provisions were in conflict with the Convention. The Workers' members recalled that the Government had ratified this Convention of its own free will and they urged the Government to supply practical information to the Office so as to support its claim that there was indeed equality of opportunity and treatment between men and women.

The Employers' members noted that the major difficulty in this case was the fact that the Government took the position that the Convention should be compatible with Islamic law and not vice versa. The Government representative had also declared that there was no discrimination in his country. Yet, in contrast, the Labour Code contained a provision whereby men and women were not permitted to be together in the place of employment. They considered that this case was quite urgent since the measures concerning vocational training and employment were clearly discriminatory. It was difficult to have a dialogue when the viewpoints were so vastly different. Yet the Government had voluntarily ratified the Convention and thus assumed its obligations. They, therefore, expressed the hope that the Government would take the necessary measures so as to eliminate the discrepancies in the application of the Convention.

The Workers' member of Greece noted that the problems raised in this case were both of a legal and a philosophical nature. With respect to the legal points, it was very clear from the comments of the Committee of Experts that the provisions of the Convention were not applied. As concerned the philosophical aspect of the problem, he queried whether the Koran actually provided that only men could decide what women should do. He stressed that, as had been said before in this Committee, one could believe in one God without having to discriminate against others.

The Committee took due note of the fact that, according to the Government, Islamic law (Shariah) respected full equality of treatment and opportunity. The Committee also noted that the Government was of the opinion that section 160 of the Labour Code, which prohibited work involving co-mingling of men and women, did not violate the Convention since the application of the Convention should be viewed from the standpoint of Islamic law, as well as the culture of the country; that as concerned activities which were dangerous for women, draft legislation had already been prepared and a copy would be supplied; and that in Saudi Arabia, women did not need to work, being in a position to devote themselves to their families. The Committee was of the opinion that the Convention should be applied regardless of the religion which prevailed in a particular country. The Committee also recalled that one member of the Committee of Experts was a national of Kuwait and that in other countries where Islamic law (Shariah) was applied this did not prevent application of the Convention. The Committee pointed out that, with regard to article 160 of the Labour Code, it was not a question of men mingling with women but of permitting women to have access to workplaces where men were also working, in a situation where there was equality of opportunity. As concerned vocational training, the Committee considered that women should have the same opportunities as men in order that women would not be excluded, de facto, from certain occupations. The Committee asked the Government to supply the information requested by the Committee of Experts in order to show that, both in law and in practice, equality of opportunity and treatment existed between men and women as required by this Convention, voluntarily ratified by Saudi Arabia. Finally, the Committee urged the Government to put into practice the willingness for dialogue, which was the tradition of this Committe.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee asked the Government to: (1) take steps to ensure that the necessary measures to prevent and combat sexual harassment in the working environment, pursuant to section 5 of the Anti-Harassment Act of 2018 and its implementing Order, are put in place and raise awareness among employers’ and workers’ organizations as well as public administration employees and enforcement officers on the provisions of this Act; (2) ensure that the definition of sexual harassment in the Act covers both quid pro quo and hostile work environment harassment and that victims have access to appropriate remedies; (3) confirm that the Act applies to all categories of workers and to all sectors of the economy; (4) provide detailed information on the implementation of the Act in practice by employers in both the private and public sectors, in particular regarding the reporting of sexual harassment and the burden of proof; (5) provide information on any cases of sexual harassment detected by or reported to labour inspectors and their outcome; and (6) supply a copy of the Guide on Workplace Ethics. The Committee takes note of the “Regulations on Protection from misbehaviour conducts at the workplace” (Ministerial Decision No. 20912 of 02/02/1441 Hegire (2019) (hereinafter “Regulations”)) adopted pursuant to section 38 of the implementing regulations of the Labour Law and section 5 of the Anti-Harassment Act. It notes that section 1 of the Regulations provides a broad definition of misbehaviour conduct, which includes any form of violence, physical or verbal, exploitation, threat, harassment, including sexual, and any form of discrimination, etc. that occur particularly by using any means of communication, including through the use of modern technology. Section 1 also defines sexual harassment as any unwanted verbal, non-verbal or physical behaviour of a sexual nature with the purpose of violating the dignity of a person or creating an intimidating, hostile work environment. The Committee notes with interest that the definition of sexual harassment in the Regulations covers both quid pro quo and hostile work environment harassment. Pursuant to section 2, these Regulations apply to all workers in the private sector in the workplace; during break time; during work-related trips, travel training, events or social activities; through work-related communications; and when commuting to and from work. According to section 3, the employer has the obligation to take all necessary measures to ensure and provide a safe work environment by preventing and protecting from any form of harassment through relevant sanctions (section 3(1)(2)). The Committee further observes that section 4 requires enterprises to form an internal committee competent to deal with such cases and sets a limit of five working days during which the committee investigates the reported cases and take the appropriate decision whether to refer it or not to the competent authorities (police officers). An act of harassment will result in a five-day salary cut each month for two months. In the case of sexual harassment, the harasser will be immediately suspended without monetary compensation or reward. Disciplinary measures shall not prejudice the right of the victim to submit a complaint to the competent authorities (section 4(8) of the Regulations). Pursuant to section 6 of the Anti-Harassment Act, the penalty for a harassment offence ranges from imprisonment of up to five years and/or a fine. The Government further indicates that section 13 of the Labour Law requires every employer to prepare and prominently display internal work regulations in accordance with the model prepared by the Ministry. The Committee also takes note of the Guide on Workplace Ethics. Furthermore, the Government indicates that a number of channels have been provided for the receipt of harassment complaints, including: (1) the unified call centre (19911) available around the clock in several languages; and (2) the “Monitoring Together” (Ma3an lil Rasd) an electronic platform that enables individuals – citizens and residents – to submit online complaints. The Committee also notes that Ministerial Resolution No. 178743 of 1440 Hegire (2018) updated the table of violations and penalties to the Labour Law. The revised table provides for instance, that any failure by the enterprise to establish a committee to investigate cases of misbehaviour conduct at the workplace is punishable with a fine of minimum 20,000 Saudi riyals (SAR) (USD5,300).

With regard to public sector employees, the Committee takes note of the implementing regulations for human resources in the civil service issued by Ministerial Decision No. 1550 of 1440 Hegire (2018) as well the Council of Ministers Decision No. 555 of 1437 Hegire (2016) approving the Code of conduct in the Public sector, defining general rules of ethics and conduct which prohibits sexual harassment as well as general reporting procedures. The Committee notes that the Government has taken a number of measures to raise awareness on the provisions of the Anti-Harassment Act, including the launch in 2021 by the Human Rights Commission of a specialized group and a unified call centre (unified number 19922), that aims to provide support, in the form of psychological counselling and educational, social and legal guidance, to victims of harassment and their families. According to the Government, during the current year, the Ministry has received 57 complaints relating to misbehaviour acts in general, none of which related to sexual harassment. In light of the limited number of infringements identified, the Committee recalls that the absence or a low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist. Rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see the General Survey on the fundamental Conventions, 2012, paragraph 790). While taking due note of the different legislative measures mentioned above, the Committee asks the Government to take proactive actions to give effect to these measures by: (i) increasing awareness about sexual harassment, particularly its underlying causes such as gender stereotypes; and (ii) addressing the causes for underreporting, such as the difficulty to access complaint mechanisms and the fear of reprisals. While noting the establishment of a range of accessible complaint mechanisms to combat sexual harassment in the workplace, the Committee asks the Government to clarify the procedure established for examining complaints of sexual harassment at work, and specifically the provisions dealing with the burden of proof and the possibility for victims to obtain reinstatement and compensation. Please also provide information on the practical application of section 5 of the Anti-Harassment Act, including relevant administrative or judicial decisions handed down and their outcome.

Discrimination based on race, colour and national extraction. Migrant domestic workers. In its previous comments, the Committee asked the Government to: (1) provide details on the procedure of transfer of services and its impact on the employment relationship; (2) take steps to ensure that migrant domestic workers are provided with effective protection against discrimination on all the grounds set out in the Convention; (3) provide information on any cases of discrimination or abuse dealt with by the joint committees and their outcomes; and (4) provide information on its continued cooperation with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic workers. The Committee recalls that migrant domestic workers are covered by Regulation No. 310 of 2014 and the Standard Employment Contract. They may terminate the employment contract by giving a written notice of 30 days. Moreover, under Ministerial Decision No. 605 of 12 February 2017 on the procedures for the transfer of migrant domestic workers, these workers may transfer to a new employer without the employer’s consent for a number of reasons, including for non-payment of wages for three consecutive or isolated months or non-respect of the fundamental obligations agreed by both parties. The Committee notes also the Government’s indication in its report that the Ministry of Human Resources and Social Development holds, on a regular basis, technical meetings with officials and technical personnel in labour-sending States to follow up on the implementation of bilateral agreements signed to regulate the recruitment process. According to the Government, complaints are referred to a committee for amicable resolution within five days. If the matter is not resolved, the committee takes a decision within ten days. It is possible to appeal against this decision to the Labour Court electronically. The Committee takes notes of the details provided on the procedure of transfer of services. Noting that the report is silent on the other points, the Committee asks the Government to provide information on: (i) the impact of the transfer of services on the employment relationship, including any changes in the conditions of work (tasks to be performed, salary, working time, etc.); (ii) the number and nature of transfers of services occurring each year; (iii) the number of migrant domestic workers who have submitted complaints against their employers regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace; and (iv) the initiatives taken to raise awareness of migrant domestic workers on their rights.

Articles 1(1)(b) and 2. Promoting employment of persons with disabilities. In its previous comments, the Committee asked the Government to provide information on: (1) the implementation of the “Tawafuq” and “Mowaamah” programmes, which aim to promote equal opportunities and treatment for workers with disabilities; (2) the adoption of the National Strategy for Persons with Disabilities with respect to employment and occupation, including education and vocational training; and (3) the number of workers with disabilities employed pursuant to section 28 of the Labour Law and examples of specific measures taken by employers for the accommodation of such workers. The Committee notes the Government’s indication that, in 2020, out of a total of 99,288 employees with disabilities, 22,691 were employed in the civil service sector; 72,505 in the private sector; and 4,092 were beneficiaries of the “Tawafuq” programme. According to the Government, more than 1,300 companies had obtained a “Mowaamah” certificate for best practice to create an inclusive and supportive work environment for persons with disabilities at the end of the first quarter of 2021. In addition, more than 35 electronic training sessions on the national e-training platform “Doroob” were modified to match the capabilities of persons with disabilities; sign language translations of these courses were provided and appropriate tools added in order to facilitate access. The Committee notes that the Government’s report is silent on the adoption of the National Strategy for Persons with Disabilities. The Committee asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and their outcomes, including the remedies granted. Noting that the report is silent on this point, the Committee asks again the Government to provide information on any progress made or obstacles encountered in the adoption of the National Strategy for Persons with Disabilities

Monitoring and enforcement. The Committee notes the Government’s reference to section 43 of Ministerial Decision No. 178743 of 1440 Hegire (2018), according to which any employer who commits discrimination shall be punished by a fine of SAR20,000 (USD5,300) (amount multiplied in case of repeated infringements). Seven discrimination cases, based on section 3 of the Labour Law, were detected in 2021 during monitoring patrols by labour inspectors. During 2021, the Ministry offered 38 training programmes and trained more than 970 inspectors on the issue of discrimination. The Committee asks the Government to provide information disaggregated by sex and sectors of activity on the number, nature and outcomes of cases of discrimination in employment and occupation examined by the labour inspectorate and the Courts. In the absence of information in this regard, the Government is asked to provide information on the activities of the women’s support offices in personal status courts, indicating the number and nature of the cases examined.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee noted in its previous comments the extension in 2019 of the list of prohibited grounds of discrimination in section 3 of the Labour Law (i.e. “sex, disability and age”) to include “any other form of discrimination” in recruitment, including job advertisements and in the course of employment. It asked the Government to: (1) consider the possibility of including in section 3 of the Labour Law an explicit reference to all the grounds other than sex set out in the Convention (race, colour, religion, national extraction, political opinion and social origin) to avoid any divergent legal interpretations; and (2) clarify whether the non-discrimination provision of section 3 applies to non-citizens. Regarding the incorporation in section 3 of the Labour Law of an explicit reference to the additional grounds of discrimination set out in the Convention, the Government refers in its report to the “Unified Work Environment Regulations in the private sector” prohibiting discrimination during the performance of work, recruitment or in job advertisements, as well as in access to vocational training, on grounds such as sex, disability, age or any other form of discrimination (Regulation No. 4904 of 1442 Hegire (2020)). The Committee asks the Government to take the necessary steps to amend section 3 of the Labour Law with a view to incorporating a comprehensive definition of discrimination which includes direct and indirect discrimination and explicitly includes the seven grounds listed in the Convention. It also asks the Government to indicate whether there have been cases in which the courts have interpreted the expression “any other form of discrimination” as including discrimination based on the other grounds listed in the Convention. Recalling once again that the Convention applies to all workers (nationals and non-nationals), and observing that the Government has not clarified whether the prohibition of discrimination in section 3 of the Labour Law applies only to “citizens”, the Committee is bound to request the Government to ensure that the non-discrimination provision in section 3 also applies to non-citizens so that it covers migrant workers.

Discrimination against migrant workers. The Committee previously urged the Government to continue: (1) taking steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention, including effective access to dispute settlement mechanisms and the right to change employer in the event of abuse; (2) taking active measures to increase the effective enforcement of existing legislation and carrying out awareness-raising activities concerning the respective rights and duties of migrant workers and employers; and (3) providing information, disaggregated by sex, race and colour, on the number of complaints lodged by migrant workers, and the number of complaints or cases that have been brought before the courts, and the remedies granted to victims. The Committee observes that, within the framework of the National Transformative Programme and the Labour Reform Initiative (2020), Decision of the Minister of Human Resources and Social Development No. 51848 of 1442 Hegire (2020) was adopted to allow for the possibility of a migrant worker putting an end to his/her employment contract and therefore changing the sponsor/employer providing that a notice period of 90 days is given. According to the Government, within this framework, migrant workers are not now required to obtain an exit visa to leave the country. The Committee notes that the Residence Regulations, issued by Act No. 17/2/25/1337 of 4 June 1959, regulating the entry and exit visa of migrant workers to and from Saudi Arabia, are still in force and have not been amended. Migrant workers are therefore still obliged to obtain permission from the employer or sponsor to leave the country. It notes however the information provided by the Government under the Forced Labour Convention, 1930 (No. 29), according to which it has adopted procedures to regulate and facilitate the granting of visas to workers to enable them to leave the country without the agreement of the employer.

With regard to raising awareness of the respective rights and duties of migrant workers and employers, the Government refers to the Labour Education online portal established to provide information on labour legislation and working conditions, as well as advice services in four languages, including English and Arabic. Awareness campaigns were also conducted through social media in collaboration with the embassies of the countries of origin of migrant workers, business centres, recruitment agencies, etc. According to the Government, during the first half of 2021, amicable settlement departments dealt with 65,789 cases, most of them related to working conditions and trafficking of migrant workers. The Committee takes note of this information. The Committee asks the Government to: (i) take steps to ensure that Decision of the Minister of Human Resources and Social Development No. 51848 of 1442 Hegire (2020) is applied in practice and monitored, and to provide information on the nature and number of cases in which a request for a transfer to another employer has been refused and the basis for such refusal; (ii) communicate a copy of the text regulating the procedures that have been adopted to facilitate migrant workers to leave the country when they have not obtained the agreement of the employer/sponsor, including information on the criteria on the basis of which the employer may still object to a worker’s departure from the country; and (iii) provide statistical information disaggregated by sex and the other prohibited grounds of discrimination on the nature and number of complaints lodged by migrant workers, and on the number of complaints or cases that have been brought to the courts, their outcome and the remedies granted. It also asks the Government to provide information on the complaints lodged (formally or informally) regarding discrimination in wages and conditions of work between migrants and nationals, and also within the migrant community between migrants of different national origin, for the same type of jobs; as well as statistical information disaggregated by sex and the other prohibited grounds of discrimination on the number and nature of the complaints lodged by migrant workers, and on the number of complaints or cases that have brought to the courts, their outcome and the remedies granted.

Article 2. National equality policy. With regard to the adoption of a national equality policy, the Committee notes the Government’s indication that the draft national equality policy is being prepared, in consultation with the ILO and partnership with the government authorities concerned and employers’ and workers’ representatives and that a draft has been submitted for adoption to the competent authority. The Committee hopes that the national equality policy will be adopted in the near future and asks the Government to provide information on any progress in this regard.

Promoting women’s employment. In its previous comments, the Committee asked the Government to: (1) continue taking concrete steps to develop training and job opportunities in a wider range of occupations, including non-stereotypical jobs and decision-making positions, and to assist women to reconcile work and family responsibilities, for example through the development of childcare facilities; and (2) specify whether all sectors targeted by the Saudization policy are open to women. The Committee notes the Government’s indication that the National Platform for Women Leaders was launched as a tool for the authorities to communicate with women leaders with a view to nominating them to leadership positions in official bodies and delegations, as well as to decision-making positions. The Government indicates that to date 1,700 women are working in the private and public sectors and 20 per cent of the seats in the Consultative Council are occupied by women. It also indicates that efforts have been made to assist women to reconcile work and family responsibilities, including by developing the “Qurrah” programme, an e-service provided by the Human Resources Development Fund (Hadaf) that organizes childcare services with a view to supporting an increase in the number of Saudi women working in the private sector. The programme contributes to supporting women’s empowerment by paying part of the cost of the monthly fees for registration in a child hospitality centre licensed by the “Qurrah” programme, up to a maximum of SR800 (US$213) a month per child and for a maximum of two children between the ages of 1 month and 6 years. As of 2020, some 4,185 beneficiaries have been provided with this service and a total of 4,928 children have benefited from the services of child hospitality centres. There are currently 374 accredited child hospitality centres under the programme throughout the country. The Committee notes the Government’s indication that, within the framework of the Saudization policy, a number of sectoral activities have been opened to women, such as pharmaceutical and dental occupations, real estate and commercial sectors, which has contributed to the entry of 417,165 Saudi men and women into the labour market, of whom 54 per cent are women. The Committee asks the Government to continue providing information on the measures taken to enhance the participation of women in the labour market, including through measures to address stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee encourages the Government to continue taking steps to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, at all levels of responsibility, and to promote a more equitable sharing of family responsibilities between men and women, and to report on the results achieved in this regard. 

Article 5. Special protection measures. Restrictions on women’s employment. In its previous comments, the Committee asked the Government to provide information on the steps taken to enforce the application of the 2012 Ministerial Decree prescribing that women no longer need the authorization of a guardian to work and on any cases brought to the labour inspectorate or a court concerning failure to comply with the Decree, and their outcome. The Committee notes the Government’s indication that the 2012 Decree has been implemented by the enactment of Decision No. 14 of 1442 Hegire (2020) and Royal Decree No. 5 of 1442 Hegire. The Committee notes with interest that, as a result, section 150 of the Labour Law (prohibiting night work by women) has been abrogated and section 186 amended, so that work in mines or quarries is not prohibited for women any more, only for workers under 18 years of age. The Committee notes however that section 142 of the Labour Law provides that the Minister shall specify industries and occupations in which the employment of women is prohibited. In light of the above, the Committee asks the Government to take the opportunity of the ongoing labour review process to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and to provide information on any steps taken in this regard.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on race, colour and national extraction. Discrimination against migrant domestic workers. The Committee recalls that it had requested the Government to provide examples of the situations that are considered “legitimate” or “illegitimate” reasons for migrant domestic workers to refuse to work and leave their employment. It notes that the Government indicates that “physical or verbal abuse” is considered to be a legitimate reason and the “transfer of services” is an illegitimate reason. As regards bilateral agreements concerning domestic workers, the Committee notes the Government’s indication that joint committees review regularly, and evaluate and monitor these agreements to ensure optimum implementation of their provisions. It further notes that disputes involving domestic workers are referred to domestic labour committees, except criminal cases which are referred to the Office of the Public Prosecutor. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), while noting that steps have been taken to improve the situation of domestic workers, expressed concern that these workers, two-thirds of whom are migrant women, do not enjoy the same labour protections as other workers, and continue to face abusive working practices such as long working hours, non-payment of wages, retention of passports, and physical and sexual abuse (CERD/C/SAU/CO/4–9, 8 June 2018, paragraph 19). In that regard, the Committee refers the Government to its pending comments on the situation of migrant workers, including migrant domestic workers, under the Forced Labour Convention, 1930 (No. 29). Noting that the “transfer of services” is considered as an “illegitimate” reason to refuse to work, the Committee asks the Government to provide details on the procedure of transfer of services and its impact on the employment relationship, including any changes in the conditions of work (tasks to be performed, salary, working time, etc.), and the number and nature of transfers of services occurring each year. The Committee also asks the Government once again to take steps to ensure that migrant domestic workers are provided with effective protection against discrimination on all the grounds set out in the Convention, including through effective enforcement and awareness-raising. The Government is asked to continue to provide information on any cases of discrimination or abuse dealt with by the joint committees and their outcomes. The Committee encourages the Government to continue to cooperate with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic workers, and to continue to provide information in this respect.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 1(1)(b) and 2. Promoting employment of persons with disabilities. The Committee notes the information provided by the Government on the “Tawafuq” programme, including on vocational training, support services, facilitating arrangements and subsidies for the employment of persons with disabilities. It further notes the Government’s indication that the Ministry of Labour and Social Development launched the “Mowaamah” certification system which implements best practice and standards to create an inclusive and supportive work environment for persons with disabilities pursuant to Ministerial Decision No. 3249 of 2016. Furthermore, the Committee notes that a National Strategy is being prepared under the National Transformation programme 2020. The Committee recalls that the Ministerial Order No. 1982 of 6 April 2016 requires employers to implement measures for the employment of workers with specific disabilities. It further recalls that the Labour Law provides that employers with more than 25 workers must employ a proportion of workers equivalent to 4 per cent of the total workforce (section 28). The Committee asks the Government to continue to provide information on the concrete steps taken to implement the above programmes, including the “Tawafuq” and the “Mowaamah” programmes, with aim of promoting equal opportunities and treatment for workers with disabilities. It asks the Government to provide information on the adoption of the National Strategy for Persons with Disabilities with respect to employment and occupation, including education and vocational training. The Committee also asks the Government to provide statistical information on the number of workers with disabilities employed pursuant to section 28 of the Labour Law and examples of specific measures taken by employers for the accommodation of workers with disabilities.

Monitoring and enforcement. The Committee notes that the Government’s report once again contains no information on preventive and enforcement activities carried out by labour inspectors specifically in relation to discrimination in employment and occupation. While referring the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), 1947, the Committee notes the Government’s indication that it is in the process of developing a national policy that will address the needs of enforcement authorities, including capacity building and training with a view to detecting and addressing violations relating to discrimination in employment and occupation. It further notes that more than 150 male and female inspectors have been trained, with the cooperation of the International Training Centre of the ILO in Turin. With respect to courts, the Committee notes the Government’s indication that more than 300 positions in court service were allocated to women. The Government further indicates that five women’s support offices have been opened in personal status courts across the country with a view to providing free legal advice and information to women involved in litigation. The Committee asks the Government to continue training initiatives for enforcement officials, including labour inspectors, and to consider the possibility of providing them with specific training on non discrimination and equality in employment and occupation. It also asks the Government to provide information on any cases of discrimination detected by or reported to labour inspectors or dealt with by the courts, and on their outcomes. The Government is asked to continue to provide information on the activities of the women’s support offices in personal status courts, indicating the number and nature of the cases examined.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest that the amendment of Article 3 of the Labour Law by the Decision of the Council of Minister of 31 July 2019 extended the list of prohibited grounds of discrimination (i.e. “sex, disability and age”) to include “any other form of discrimination” in recruitment, including job advertisement, and in the course of employment. Welcoming this development, the Committee asks the Government to take the necessary measures to raise awareness among workers, employers, workers’ and employers’ organizations and enforcement officials of the new anti-discrimination provisions in the Labour Law. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee invites the Government to consider the possibility of including in Article 3 of the Labour Law, which refers to “any other form of discrimination”, an explicit reference to all the grounds other than sex set out in the Convention (i.e. race, colour, religion, national extraction, political opinion and social origin) to avoid any possible legal discrepancies in future legal interpretations. The Government is also asked to provide information on the number and nature of cases detected or cases dealt with by labour inspectors on the basis of Article 3 of the Labour Law. In addition, observing that the prohibition of discrimination in Article 3 seems to apply only to “citizens”, and recalling that the Convention applies to all workers (nationals and non-nationals), the Committee asks the Government to clarify whether this is the case and, if so, to extend the non-discrimination provision of Article 3 to non-citizens in order to cover migrant workers.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that, in its previous comment, it requested the Government to provide to information on: (i) any follow-up to the recommendations submitted by the Tripartite Social Dialogue Forum with regard to addressing the issue of sexual harassment and on the regulations being prepared with the Advisory Council for Women’s Work; and (ii) any developments regarding the adoption of the draft regulation penalizing crimes against men and women employees and its content. The Committee welcomes the approval, by the Council of Ministers Decision No. 488 of 29 May 2018, of the Anti-Harassment Act, which is aimed at preventing and combating sexual harassment against both men and women, punishing perpetrators and protecting victims. The Act criminalizes sexual harassment, which is defined as “any utterance, act or gesture with sexual connotations by one person to any other person that would harm his or her body, honour or modesty, by any means, including through the use of modern technology”. This applies to workplaces in both the private and public sectors and requires employers in both sectors to take the necessary measures to prevent and combat harassment, such as by the establishment of internal complaint mechanisms and procedures to ascertain the veracity and seriousness of the complaints in such a manner as to maintain confidentiality. The Committee welcomes the entry into force on 20 October 2019 of the Order implementing the Anti-Harassment Act in private enterprises covered by the Labour Law, which was adopted pursuant to Article 5 of the Act. While welcoming this development, the Committee asks the Government to take steps to ensure that the competent authorities and the private sector put in place the necessary measures to prevent and combat sexual harassment in the working environment, pursuant to Article 5 of the Anti-Harassment Act, and its implementing Order, and raise awareness among workers, employers and their organizations as well as public administration employees and enforcement officers on the provisions of this new Act and its implementing Order. The Committee asks the Government to take the necessary steps to ensure that the definition of sexual harassment in the Act covers both quid pro quo and hostile work environment harassment and that victims have access to appropriate remedies. The Committee asks the Government to confirm that the Act applies to all categories of workers and to all sectors of the economy. It also asks the Government to provide detailed information on the implementation in practice by employers in both the private and public sectors of the provisions of the Act with respect to employment and occupation, in particular regarding the reporting of sexual harassment and the burden of proof. The Committee asks the Government to provide information on any cases of sexual harassment detected by or reported to labour inspectors under the new Act and their outcome. Noting that the Government refers in its report to a Guide on Workplace Ethics, the Committee asks the Government to provide a copy of the guide.

Discrimination against migrant workers. The Committee notes that, according to “Labour Market 2018 Third Quarter Statistics” published by the General Authority for Statistics, non-Saudi workers represent 75.5 per cent of the total number of employed persons. The Committee notes that the Government reiterates in its report that it has already taken the decision to abolish the sponsorship system and that certain terms have been changed for this purpose (for example the term “transfer of sponsorship” has been replaced by “transfer of services”). It further notes that the Government provides information regarding the specific circumstances in which migrant workers can change their place of work and can work for a new employer under the Labour Law and Ministerial Decision No. 1982 of 6 April 2016. In this regard, the Committee refers the Government to its observation under the Forced Labour Convention, 1930 (No. 29), regarding the adoption of Ministerial Decision No. 70273 of 20 December 2018 and Ministerial Decision No. 605 of 12 February 2017 allowing migrant workers, including migrant domestic workers, to change employer, provided notice is given. It notes however that these workers are obliged to obtain permission from the employer or sponsor to leave the country. The Committee also notes that the Government adds that booklets are distributed to “labour-exporting” countries to workers to make them aware of their rights, an instructional video is shown on flights from labour-exporting countries and new workers are provided with SIM cards at no cost on arrival at the airport. The Government refers once again to the website (Labour Education) dedicated to explaining the rights and obligations of workers and employers. The site offers a number of services, including a “labour advice” service. The Government states that employment queries are dealt with immediately and complainants directed to the proper body responsible for dealing with their problems. The Government further indicates that it accords particular importance to the amicable settlement of disputes. The Committee notes that, in its concluding observations, the United Nations Committee for the Elimination of Racial Discrimination (CERD) recommends that Saudi Arabia ensure that all existing provisions adopted to protect migrant workers from abuse and exploitation are enforced effectively and that inspections are conducted by qualified officials in an effective manner to identify and end abusive labour practices. The CERD also recommends that the Government ensure that migrant workers have full access to complaint mechanisms and appropriate remedies. It expresses concern at reports that persons of Asian and African descent face discrimination in access to housing, education, healthcare and employment, as well as societal racism, and that women from minority groups face multiple forms of discrimination on the basis of both ethnic origin and gender (CERD/C/SAU/CO/4–9, 8 June 2018, paragraphs 18, 25 and 27). The Committee wishes to point out that, under the Convention, all migrant workers, including those in irregular situations, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 778). The Committee urges the Government to continue taking steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention (race, colour, sex, religion, political opinion, social origin and national extraction), including effective access to dispute settlement mechanisms and the right to change employer in the case of abuse. The Committee also asks the Government to continue taking active measures to increase the effective enforcement of existing legislation and to carry out awareness-raising activities concerning the respective rights and duties of migrant workers and employers. The Committee asks the Government to continue providing information, disaggregated by sex, race and national extraction, on the number of complaints lodged by migrant workers, and on the number of complaints or cases that have been brought before the courts and the remedies granted to victims.

Article 2. National equality policy. The Committee recalls that, in its previous comments, it urged the Government to take steps to develop and implement a national equality policy. It added that the policy should include specific legislative measures to define and prohibit direct and indirect discrimination, covering all workers and all aspects of employment on all the grounds enumerated by the Convention, and ensuring effective means of redress, noting that the existing Labour Law (Royal Decree No. M/51) did not include such provisions. The Committee notes the Government’s statement in its report that it is continuing to make significant progress towards the adoption of a national policy promoting equality of opportunity and treatment in employment and occupation in order to eliminate discrimination and that a working group has been set up for that purpose. The Government also indicates that, further to its request, the ILO has provided support for the drafting of the equality policy, including comments on the relevant legislation and examples of good practice. A number of meetings have been held since 2017, including with the ILO, to identify and collect documents and information on discrimination issues. In this context, the Committee notes with interest the signature in June 2018 of an Agreement between the Government and the ILO “to support the Ministry of Labour and Social Development (MOLSD) in analysis, policy and capacity development”. The project has three components, one of which is dedicated to “boosting women’s employment towards a more inclusive labour market” and provides for the conduct of a technical study on the situation of women, along with vulnerable groups identified by the MOLSD. It also provides for the review of the national legal framework related to equality in employment and occupation, taking into consideration the grounds set out in the Convention, with a view to identifying the strengths and gaps in the existing legislation. Furthermore, the project aims to develop a national policy on equality through a tripartite-plus process and to develop an implementation plan with recommendations to amend, as necessary, the legal and policy framework. A National Steering Committee is to be established for that purpose. The Committee notes that the national equality policy is currently being drafted. Taking into account these significant developments, the Committee expresses the firm hope that the Government will soon be in a position to finalize and implement, in consultation with the relevant stakeholders, the national equality policy, and that it will cover all categories of workers in all sectors of the economy with a view to eliminating any form of discrimination based on at least all of the grounds set out in the Convention (sex, gender, race, colour, religion, political opinion, social origin and national extraction) and any other grounds it considers appropriate. In the context of this national policy, the Committee urges the Government to pursue and step up its efforts to review and amend the relevant labour legislation with a view to including specific provisions defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation, including recruitment and dismissal, in accordance with the Convention, and providing for effective sanctions and means of redress.

Promoting women’s employment. The Committee notes the Government’s indication in its report that the goals of Saudi Vision 2030 include “increasing the participation of women in the labour market from 22 per cent to 28 per cent in 2020 and 30 per cent by 2030”. As part of this strategy, the MOLSD has developed a number of programmes and initiatives to promote and increase job opportunities for Saudi women in various sectors, such as the communications sector. In this regard, the Committee welcomes the detailed information provided by the Government on the training programmes carried out to train men and women in a number of occupations required by the labour market, including the ILEAD Programme for women (access to leadership positions), and the results achieved with respect to women. The Committee also welcomes the adoption of the Royal Decree of 26 September 2017, which allows the issuance of driving licences to women, thereby removing a genuine obstacle to their employment. Referring to the above-mentioned cooperation agreement with the ILO, the Committee notes that this agreement aims to promote women’s employment in a more inclusive labour market. The Committee also notes that the Unified Regulation of the Women’s Work Environment Initiative, adopted in January 2019, was repealed and replaced by a Ministerial Order of August 2019 on women’s employment.

In order to promote gender equality in employment and occupation, the Committee emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women, who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. In this respect, the Committee notes the Government’s indication that the Ministry of Education is implementing a policy on the establishment of childcare facilities. It notes in particular that an initiative to develop the number and quality of childcare facilities and services across the whole country, as part of Saudi Vision 2030, is seeking to open and operate 1,500 crèches and nursery schools. In 2016, there were 922 crèches for children aged one month to 3 years. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at the insufficient measures adopted to promote the concept of shared family responsibilities and to combat the difficulties that women face in reconciling work and family responsibilities. It also notes the low participation rates of women, compared with those of men in the labour market, especially in the private sector; the significant discrepancy between women’s and men’s rates of unemployment; and the persistent horizontal and vertical occupational segregation and the concentration of women in low-paid jobs. It further notes the lack of enforcement of the 2012 Ministerial Decree providing that women no longer need the authorization of a guardian to work, as many employers still require the authorization of a male guardian to employ a woman (CEDAW/C/SAU/CO/3–4, 14 March 2018, paragraph 45). Welcoming the initiatives and measures taken by the Government to increase training and job opportunities for women to enter the labour market, the Committee asks the Government to continue taking concrete steps to develop such opportunities in a wider range of occupations, including non-stereotypical jobs and decision-making positions, and to continue taking steps, such as the development of childcare facilities, to assist women to reconcile work and family responsibilities. Please provide information on the results achieved. Noting that, in addition to the specific measures to promote training and employment for women, the implementation of the Saudization Policy will provide further opportunities for Saudi women to access employment, the Committee asks the Government to specify whether all sectors targeted by this policy are open to women and to envisage analysing the impact of such a policy on women’s employment. It also ask the Government to provide information on the steps taken to ensure that the 2012 Ministerial Decree providing that women no longer need the authorization of a guardian to work is enforced and that women are free to take up employment without the authorization of a male guardian. Please provide information on any cases brought in relation to the failure to comply with the Order and their outcome. The Committee asks the Government to provide detailed information on the rights of women and any remaining restrictions with respect to their employment, including on the effect given in practice to the new Ministerial Order.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously requested 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. In response, the Government reiterates that there are general regulations in place to protect and safeguard the dignity and rights of human beings and that the means of redress and protection are available to all. With regard to the workplace, the Government indicates that it is possible to initiate a lawsuit through the programmes of the Labour Relations Department by electronic mail, text message or calling the hotline. Complaints received through the hotline are referred to the competent committee for follow-up action, in addition to guidance provided to the complainant. The Committee notes however that the Government’s report does not provide any further information on the follow-up given by the Ministry of Labour to the recommendations of the Tripartite Social Dialogue Forum on a decent work environment for women, including the drafting of a regulation with the Advisory Council for Women’s Work that would address the issue of sexual harassment and examination by the competent authorities of the possibility of penalizing sexual harassment. Over the years, the Committee has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights (see 2012 General Survey on the fundamental Conventions, paragraph 789). It recalls its general observation of 2003 highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo (any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job) and hostile work environment (conduct that creates an intimidating, hostile or humiliating working environment for the recipient).

Therefore, the Committee reiterates its concern regarding the absence of specific legislation on sexual harassment in the workplace, including of a definition which encompasses the two components of sexual harassment set out above. It also draws the Government’s attention to the fact 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 (2012 General Survey, paragraph 792). In light of the Government’s intention to develop a national equality policy with the technical assistance of the ILO, the Committee recalls that such a policy should also aim to address all forms of sex discrimination, including sexual harassment in employment and occupation, and requests the Government to include in this process the adoption of effective measures to prevent and address sexual harassment in the workplace. In connection, it reiterates its request to the Government to provide information on any follow-up given to the recommendations submitted by the Tripartite Social Dialogue Forum with regard to addressing the issue of sexual harassment and on the regulation being prepared with the Advisory Council for Women’s Work. 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 information provided on programmes promoting employment of workers with disabilities, in particular through the “Tawafoq programme” launched in 2012. The latter aims to encourage the employment and work of persons with disabilities to enable them to obtain decent job opportunities which are appropriate to their capacities and qualifications while providing facilitating services to help them in their jobs. The Committee notes the detailed information in the Government’s report on five projects developed under the “Tawafoq programme” in 2015. With regard to the project on the development of legislation on the work of persons with disabilities, the Committee notes that the key achievement of this project has been the adoption of section 10 of the implementing regulation issued by virtue of Ministerial Order No. 1982 of 6 April 2016 – which implements section 28 of the Labour Law – which defines “person with disability” and provides for certain obligations for enterprises including the provision of reasonable accommodation. Furthermore, a detailed study was prepared on the manner in which effect could be given to section 28 of the Labour Law regarding quotas for the employment of workers with disabilities in private sector companies. The Committee notes that, in May 2016, four guidance booklets on the employment of persons with disabilities were printed and posted electronically on the Ministry’s website. The Committee encourages the Government to continue to provide information on the implementation of the different programmes for workers with disabilities, including statistics disaggregated by sex on the number of beneficiaries and their impact in practice in terms of the employment of men and women with disabilities.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee recalls its previous observation in which it noted the conclusions of the direct contacts mission (1–6 February 2014) concerning the progress made by the Government in declaring and pursuing a national policy designed to promote equality of opportunity and treatment in employment and occupation, for all workers, with a view to eliminating discrimination on all the grounds set out in the Convention. The Committee had requested the Government to give particular attention to the situation of migrant workers, men and women, including domestic workers, in order to determine the rights of such workers and the extent to which such rights are effectively protected (that is whether they have knowledge of their rights and are able to obtain appropriate redress). The Government was also requested to provide information on the impact of bilateral agreements with countries of origin and given some suggestions to make tangible progress in the application of the Convention.

Article 2 of the Convention. National equality policy. As regards the Committee’s request to the Government to take immediate steps to develop and implement a national equality policy and to request technical assistance from the ILO, the Government indicates in its report that a request was sent to the President of the Council of Ministers (King) on 7 July 2016 to authorize the establishment of a working group to formulate a national equality policy in conformity with Article 2 of the Convention. On 29 July 2016, the issue was officially referred to the Council of Ministers by a Royal Guidance. Meanwhile, the Committee has been informed that the Government has recently requested the technical assistance of the ILO for developing the abovementioned policy in follow–up to the direct contacts mission and that the Government wishes to discuss the technical arrangements for such support. The Committee recalls that it had requested that, as part of the future national equality policy, concrete measures be adopted in the legislation to define and prohibit direct and indirect discrimination on all of the seven grounds enumerated by the Convention, covering all workers (including migrant workers) and all aspects of employment (education, vocational training, access to employment and particular occupations and terms and conditions of employment). The Committee notes however that the Government reiterates that its legal framework does not discriminate between men and women workers or between a national and a non-national worker, and that any claims to the contrary are dealt with in accordance with the justice system in place in the country. The Committee welcomes the recent steps to move forward on the adoption of a national equality policy and asks the Government to provide detailed information on the progress achieved in the development of such a policy with a view to eliminating any discrimination on all the grounds set out in Convention – in collaboration with the relevant stakeholders. Nevertheless, noting that the Government ratified the Convention in 1978 and still has not adopted legislation containing specific provisions defining and prohibiting discrimination in employment and occupation, the Committee urges the Government to take concrete steps to include – as part of its national equality policy – legislation specifically prohibiting discrimination, both direct and indirect, in the public and private sectors, on at least all the grounds set out in the Convention, covering all workers and all aspects of employment, and ensuring effective means of redress, as the current Labour Law (Royal Decree No. M/51), does not include these provisions. The Committee requests the Government to provide specific information on the concrete steps taken in this regard.

Discrimination against migrant workers. The Committee draws the Government’s attention to the statistics mentioned in the ILO Report on global estimates for migrant workers, published in 2015 (page 79), according to which two out of every three workers in Saudi Arabia are migrants and that two-thirds of female migrant workers are domestic workers. In its previous comments, the Committee had noted the Government’s efforts to address the situation of migrant workers and particularly its statement that the sponsorship system had been abolished by legislation years ago. However, the Committee had expressed concern about the fact that this system may still be applied in practice and that, under the current employment system, migrant workers suffering abuse and discriminatory treatment may still be reluctant to make complaints out of fear of retaliation by the employer or because of uncertainty as to whether this would lead to a change of employer or to deportation. In its response, the Government reiterates that migrant workers are temporary foreign workers whose stay in the country depends on a contractual relationship. Nevertheless, recognizing that the employment relationship is a contractual relationship between a worker and an employer, the Government reaffirms that the sponsorship system was abolished and legislation adopted to ensure that migrant workers may change workplace and work when the labour contract ends or when the employer fails to observe any of the duties specified in the labour contract. According to the Government, the law gives a worker the right to get out of a contract of a definite duration before the end of the contract without the employer’s consent (section 81 of the Labour Law, Royal Decree No. M/51) and the Ministry has launched awareness campaigns with respect to the rights and duties of both parties. As regard the decree establishing the possibility of changing employers when a judgment is pending, the Government confirms that Ministerial Order No. 1982 was adopted on 3 June 2016 and that it specifies, under Part II entitled “Conditions, rules and procedures governing the transfer of a foreign worker’s service”, that the Minister or the mandated delegate may approve the transfer of a foreign worker’s service to another employer – without the consent of the current employer for whom a worker works – in the following cases: (i) pending a lawsuit before one of the judicial bodies where a delay was caused by the employer; and (ii) upon the recommendation of a judicial body during the examination of a lawsuit in order to avoid any possible negative impact on the worker. Furthermore, the Schedule of the infringements mentioned under Part I of Ministerial Order No. 4786 of 2015 specifies penalties for 58 offences (for example, for providing false information to the Ministry to obtain a work permit for a foreign worker, for selling a work permit, or for employing migrant workers without a work permit) imposed on any person who violates the Labour Law. The Committee notes the adoption in 2013 of the implementing Regulation on protection from abuse which concerns victims of violence (physical, psychological and sexual) – including in the context of a “sponsorship” relationship – whereas the Government informed the direct contacts mission as well as this Committee in 2014 that the sponsorship system was abolished by legislation some years ago.

As regards measures taken to ensure effective protection of all migrant workers against discrimination on the grounds set out in the Convention, the Government draws attention to the existing legislation and to a series of measures, such as, for example: awareness-raising activities with respect to employers’ rights and duties through the mass media and social media; development of a Manual intended for migrant workers; provision of free-of-charge telephone cards to migrant workers upon their arrival at the airports (these cards include free minutes for calling their families in their countries of origin in addition to the possibility for the Ministry to send text messages aimed at raising workers’ awareness about their duties and rights in the country); and the launching by the Ministry of Labour of the service of “Labour Adviser” aimed at implementing workers’ right to information in order to increase workers’ awareness of their rights and duties as enshrined in the Labour Law and its implementing regulation, in addition to direct responses to labour queries, and directing complainants to the competent body, in both Arabic and English, through a website. These initiatives are set within the context of the Ministry’s role of regulating the relationship between workers and employers with respect to sensitizing and protecting foreign workers. The Committee requests the Government to continue to provide information on concrete measures taken or envisaged to ensure that all migrant workers enjoy effective protection against discrimination on the grounds set out in the Convention, with a particular focus on the effective abolition of the sponsorship system in practice, and to assess the impact of Ministerial Order No. 1982 of 2016 – that is, does it provide sufficient flexibility to change workplaces and better access of migrant workers to dispute settlement mechanisms in practice. As regards the Regulation on protection against abuse, the Committee asks the Government to provide information on the number of complaints, disaggregated by sex, lodged in the context of a sponsorship labour relationship, and on whether any of the complaints have been brought to courts of law, on penalties inflicted in cases of conviction and remedies provided. The Committee requests the Government to continue to take measures to increase the enforcement of existing legislation and conducting sensitization and awareness-raising activities concerning the respective rights and duties of workers and employers. The Committee requests the Government to communicate a copy of the Manual developed for migrant workers.

Discrimination against domestic workers. In its previous comments, the Committee noted the adoption of Order No. 310 on 15 July 2013 regulating the employment of domestic workers and similar categories of workers and indicated that, while the Order constitutes a first step towards improving the protection of foreign domestic workers against discrimination, including sexual harassment, it does not contain provisions explicitly allowing them to change employer or leave the country without the consent of the employer. In its response, the Government reiterates that it is constantly striving to take the necessary measures to improve the conditions of all workers, and mentions again the same legal provisions and practical information previously provided. As regards bilateral agreements, the Government indicates that these agreements include the setting up of joint technical committees which are periodically convened to review the implementation of both parties’ obligations and discuss any new measures required. The Ministry also coordinates with the embassies of some countries the organization of visits to be carried out to several centres and housing complexes where workers live to verify their living conditions. The Committee notes that, between February 2014 and May 2016, 29,917 lawsuits involving domestic workers were settled by the 37 committees specialized in the settlement of labour disputes related to domestic workers: 40 per cent of lawsuits focused on delayed payment of wages; 30 per cent on refusal to work for an illegitimate reason; 17 per cent on refusal to work for a legitimate reason; 13 per cent for others reasons (transfer of services, increased wages, etc.). A total of 92 per cent of cases have been settled during the period of their examination. In this regard, the Committee also refers to its 2015 observation on the application of the Forced Labour Convention, 1930 (No. 29). As regards the statistics mentioned above, the Committee asks the Government to give concrete examples of what are considered “legitimate” or “illegitimate” reasons to refuse to work. The Committee also asks the Government to continue to take measures to improve the situation of migrant domestic workers in relation to discrimination and abuse, including through enforcement and awareness-raising measures. It reiterates its request for specific information on the functioning of the labour dispute settlement committees, as well as information on the impact of this procedure on the employment relationship between employers and migrant domestic workers. The Committee encourages the Government to continue to cooperate with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic workers, and requests the Government to provide information on their impact on the protection of domestic workers against abuse and discriminatory treatment on the grounds set out in the Convention.

Equality of opportunity and treatment between men and women. In its previous comments, the Committee had noted the positive developments in women’s employment and requested the Government to pursue its efforts to increase women’s participation in a wider range of occupations and to provide information on the impact of the measures taken in this regard. The Government affirms that it is deploying enormous efforts to increase women’s wider participation both in the public and private sectors, and mentions a series of texts adopted since 2003 (already noted by the Committee) which relate to increasing job opportunities for women and their participation in a wider range of occupations. With respect to women’s participation in decision-making, the Government indicates that women have become members of the Shoura Council and that they also increasingly assume leading and supervisory positions in several government bodies, but the Government does not provide recent statistical data in this regard. The Government’s efforts are also focusing on the private sector with the creation of the position of Undersecretary for Special Programmes who is responsible for promoting women’s employment and has issued several decisions in this respect (work in lingerie stores, telework, productive families, opening of new work areas, etc.). The Committee further notes that the Government provides information on the results of several studies on women’s employment and on how to increase their participation in the labour market. These results indicate that 85 per cent of women’s jobs are in retail sales, construction, manufacturing and health. According to the studies, the sector of retail sales will require the employment of 300,000 Saudi women by 2020 because it is considered to be the most suitable and receives the biggest share of jobs in the economy. Furthermore, a large percentage of non-employees are women who hold university degrees, though 87 per cent of the new jobs allocated to Saudi women require medium skills. The studies also indicate that unemployment levels for men being lower for Saudi men, 50 per cent of jobs resulting from Saudization will go to Saudi women. Consequently, the Government states that it has identified the following seven areas to focus on: laws and regulations, social awareness, skills and qualifications, institutions and support, building career paths, empowering employers and job creation. The Committee notes further from the Government’s report that a number of initiatives are being carried out to address the challenges relating to women’s employment. For example, the identification of telework as one of the main priorities of the new Saudi Government in 2015, the aim of which is to increase opportunities for women, in particular in rural areas and for persons with special needs; the decision to invest heavily in infrastructure development required for transport and mobility; the development of a legal framework and flexible arrangements for part-time work and a participative economy for the purpose of granting employees as well as employers more flexibility; and the Saudization of the sector of mobile phone repairs and sales for both men and woman at 19 technical colleges and institutes at the national level (as of August 2016, 6,200 women completed these workshops and will benefit from the support provided by the National Business Leadership Institute). The Committee notes that the report indicates that the Ministry of Education has been entrusted by Cabinet Decision No. 152 of 2 August 2016 to prepare the necessary arrangements for establishing childcare facilities. Noting the numerous initiatives taken to promote women’s employment, the Committee encourages the Government to continue its efforts to increase the participation of women in a wider range of occupations, not only those traditionally considered to be “suitable” to the nature of women but also in non-stereotyped jobs and decision-making positions, and to provide information on the impact of the measures taken in that regard. The Committee also requests the Government to provide recent statistical data on the employment rate of Saudi women and men in the various economic sectors and occupations. Noting that the Government has identified seven areas to work on to overcome the obstacles hindering women’s employment, the Committee asks the Government to provide detailed information on any action taken regarding the areas for action identified and results achieved. The Committee welcomes the decision to entrust the Ministry of Education with preparing the necessary arrangements and rules for establishing childcare facilities and requests the Government to provide information on the progress achieved in that regard.

Restrictions on women’s employment. With regard to the restrictions on women’s employment to “fields suitable to their nature”, the Committee notes that the Government again reiterates that section 149 of the Labour Law prohibits the employment of women in hazardous jobs or in work that would jeopardize their health or expose them to specific hazards, and no longer refers to its previous statement that the repeal of this provision will be given serious consideration, in the context of future amendments to the Labour Law. The Committee urges the Government to review section 149 of the Labour Law to ensure that any restrictions on women’s employment are strictly limited to maternity protection, and to repeal Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A, which establishes criteria for women’s work.

Monitoring and enforcement. Noting that no cases of discrimination had been registered by the labour dispute settlement bodies, the Committee had asked the Government to take steps, including with ILO technical assistance, to reinforce the capacity of judges, labour inspectors and other officials to identify and address discrimination in employment and occupation, and to provide information on any specific preventive and enforcement activities carried out by the labour inspection services in relation to discrimination in employment and occupation, and their results. In its response, the Government reiterates that it constantly seeks to benefit from ILO expertise indicates its readiness to participate in relevant workshops. In regard to the Committee’s request that the Government provide relevant information on Royal Order No. 8382, which establishes women’s units in courts and judicial bodies under the supervision of an independent women’s department in the main judicial system, the Government confirms the inauguration of women’s units in courts. However, the Government’s report does not provide information on the competence and jurisdiction of these units. Noting that the Government has not provided details on preventive and enforcement activities carried out by labour inspectors in relation to discrimination in employment and occupation, the Committee reiterates its request for information in this regard. Further, noting that the Government has provided statistical information on the number of complaints relating to alleged violations of rights provided by regulations and under consideration by bodies of first instance and higher judicial bodies, the Committee asks the Government to indicate whether these statistics include complaints submitted or detected by labour inspectors. The Committee also requests the Government to provide information on any further ILO technical assistance sought to reinforce the capacity of judges, labour inspectors and other officials to identify and address discrimination in employment and occupation. The Committee also asks the Government to provide clarifications on the competence and jurisdiction of women’s units in courts and on the number and nature of the cases examined by these units.

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

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

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.]

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee recalls its previous observation in which it noted the conclusions of the Conference Committee and the acceptance by the Government of a direct contacts mission to follow up on the issues raised by the Committee of Experts and the Conference Committee. The Conference Committee urged the Government to adopt a national policy designed to promote equality of opportunity and treatment in employment and occupation for all workers with a view to the elimination of any discrimination on all the grounds set out in the Convention in the very near future. Given the high number of migrant workers in the country, the Conference Committee requested the Government to give particular attention to ensuring the rights of migrant workers, including domestic workers, were being effectively protected. The Committee notes that a direct contacts mission visited the country from 1 to 6 February 2014 and that meetings were held with senior government officials, representatives of the Council of Saudi Chambers of Commerce and Industry and of the Workers’ Committees and other organizations, including human rights bodies.

Article 2 of the Convention. National equality policy. The Committee notes that the direct contacts mission observed in its conclusions that there have been a number of developments, including measures to increase the participation of women in the labour market, to promote the employment of persons with disabilities, reforms in labour dispute processes and a major initiative to implement a technical and vocational education and training programme throughout the country for both men and women. These measures, if coordinated, could contribute to providing a basis for the formulation of a national equality policy. The Committee notes the Government’s requests for technical assistance from the ILO in developing such a policy. The Committee pointed out previously that, to be effective, such a national equality policy must be multifaceted and clearly stated, include a clear and comprehensive legal framework, address stereotyped behaviours and prejudicial attitudes, and provide for awareness raising and monitoring. It should cover all the grounds set out in the Convention, define and address direct and indirect discrimination, apply to all aspects of employment and ensure effective means of redress. Since one aspect to be urgently pursued is the adoption of specific legal provisions on non-discrimination and equality, the Office submitted a document to the Ministry of Labour (MOL) in March 2014 providing examples of a range of legislative approaches and highlighting the most effective features in legislation.

The Committee notes that the Government reiterates in its report that in Saudi Arabia the society is based on equality of rights and duties without discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin in accordance with the Basic Law of Governance. The Committee firmly hopes that the Government will take immediate steps to develop and implement a national policy, including the adoption of specific legal provisions, designed to promote equality of opportunity and treatment in employment and occupation, in collaboration with the relevant stakeholders. It urges the Government to take concrete measures for the adoption, as part of this policy, of legislation specifically defining and prohibiting direct and indirect discrimination on all the grounds enumerated in the Convention, covering all workers, including migrant workers, and all aspects of employment. The Committee hopes that the Government will receive technical assistance from the ILO in the near future, and asks the Government to provide detailed information on the steps taken for the adoption of a national equality policy.

Discrimination against migrant workers. The Committee notes from the statistics provided by the Government that there were over 8 million migrant workers in the private sector (98 per cent male), compared to 1.46 million Saudi workers (72.8 per cent male) in 2013. The Committee also notes from the report of the direct contacts mission that various measures are being taken by the Government to address the situation of migrant workers, including a recent campaign aimed at promoting the employment of Saudi nationals and regularizing the situation of a large number of migrant workers. The campaign resulted in the following: 3.9 million work permits issued; 2.4 million migrant workers changed their occupation; 2.6 million migrant workers transferred to another employer; 437,314 workers obtained a final exit visa. The Committee notes the Government’s indication recorded in the report of the direct contacts mission that the sponsorship system was abolished by legislation some years ago, but that it may still be found in practice, and that legal provisions are therefore being drafted to address the issue. In accordance with the “Rules on the relationship between employers and foreign workers” (undated) provided by the Government, this relationship is to be regulated within the framework of the employment contract. However, the Committee also notes that existing procedures concerning recruitment and the issue and renewal of residence permits and exit and re-entry visas at the employer’s request, remain the same. The Committee notes the Government’s indication, as recorded in the report of the direct contacts mission, that foreign workers are able to move to another employer once their contracts expire or if they suffer abuse, subject to court approval of the change, and that prior to court authorization, the Labour Office can provide the worker with a temporary permit to work elsewhere. The Government also indicated that a decree was being drafted to allow foreign workers with a pending judgment against their employer to change employers on the basis that the relationship has been damaged. The Committee notes the detailed information provided by the Government regarding the services provided in eight languages by the Contact Centre of the MOL, including the registration and follow-up of complaints. The Government provided the mission with a copy of a bill on protection against abuse. While noting the Government’s desire to achieve progress and the efforts made to address the situation of migrant workers, the Committee remains concerned that, under the current employment system, migrant workers suffering abuse and discriminatory treatment may still be reluctant to make complaints out of fear of retaliation by the employer, or because of uncertainty as to whether this would lead to a change of employer, or to deportation. The Committee requests the Government to take the necessary measures to monitor closely the effective abolition of the sponsorship system in practice, with a view to assessing whether appropriate flexibility to change workplaces is being provided in practice for all migrant workers in cases of abuse and discrimination on the grounds set out in the Convention. Noting that the decree establishing the possibility to change employers when a judgment is pending could contribute to improving the effective access of migrant workers to dispute settlement mechanisms so that they can assert their rights, the Committee asks the Government to provide information on the adoption and content of the decree and the status of the bill on abuse. The Committee requests the Government to continue taking measures to ensure that all migrant workers enjoy effective protection against discrimination on the grounds set out in the Convention, including through the enforcement of existing legislation, the adoption of new provisions and awareness-raising measures concerning the respective rights and duties of workers and employers.

Discrimination against domestic workers. The Committee notes that the Government has recently taken measures concerning domestic workers. Recalling that the Labour Law does not apply to these workers, the Committee notes the adoption of Order No. 310 in July 2013 regulating the employment of domestic workers and similar categories of workers through a written contract and setting out the type of work to be performed, the wages, rights and obligations of the parties, the probationary period, the duration of contracts and the method of their extension. While the Order constitutes a first step towards improving the protection of foreign domestic workers against discrimination, including sexual harassment, the Committee notes that it does not contain provisions explicitly allowing them to change employer or leave the country without the consent of the employer. The Committee also notes that a website has been established to provide information on the rights and duties of migrant workers and their employers and that, according to the Government’s report, dispute settlement committees for domestic workers have been set up in 26 labour offices in different regions of the country. Bilateral agreements on domestic work have been concluded with countries of origin of domestic workers, including India, Indonesia and the Philippines. The Committee also refers to its observation on the application by Saudi Arabia of the Forced Labour Convention, 1930 (No. 29). While welcoming these legal and practical measures, the Committee asks the Government to monitor the abolition of the sponsorship system in practice and to continue to take measures to improve the situation of domestic workers in relation to discrimination and abuse, including through enforcement and awareness-raising measures. The Committee asks the Government to provide specific information on the functioning of the labour dispute settlement committees, including the number and nature of complaints dealt with and their outcomes, as well as information on the impact of this procedure on the employment relationship between employers and domestic migrant workers. The Committee encourages the Government to continue to cooperate with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic work and requests the Government to provide information on their impact on the protection of domestic workers against abuse and discriminatory treatment on the grounds set out in the Convention.

Equality of opportunity and treatment between men and women. The Committee notes from the statistics provided by the Government that in 2013, Saudi women represented 27.2 per cent of Saudi employees in the private sector. The Committee notes the detailed information provided by the Government and the positive developments regarding the implementation of a project to increase the proportion of women in the private sector (within the framework of the Nitaqat programme to increase the proportion of Saudi nationals in employment) through three initiatives: direct employment programmes, in particular in shops selling women’s goods and in the retail sector; programmes to develop diverse working arrangements, including part-time work and home work; and programmes to address the challenges of women’s employment through support services. In this context, several ministerial orders were promulgated in 2011 and 2012 regarding the employment of women in certain jobs (in shops selling women’s goods, in family recreation facilities and in commercial kitchens, etc.). Women’s employment units have been set up in labour offices and training has been developed for women jobseekers. A recent report of the MOL regarding women’s employment concludes that, as a result of employment programmes, the number of women workers increased from 55,618 in 2010 to 410,000 in 2013. The report identifies among the main challenges the working environment, legislation and its implementation, the attitude of society towards women’s employment in the private sector, transport and childcare facilities. According to the report of the direct contacts mission, studies are being conducted to identify positions that would be “suitable” for women in factories and to examine the need for the regulation of telework. The Government also indicates that initiatives have been taken to increase women’s education and training opportunities, including in girls technical colleges and training institutions for women. With regard to the restrictions on women’s employment to “fields suitable to their nature” pursuant to section 149 of the Labour Law, the Committee notes the Government’s statement that these provisions do not constitute a constraint on women’s work or diminish their right to hold public posts. The Government also states that section 149 prohibits the employment of women in hazardous jobs or in work that would jeopardize their health or expose them to specific hazards, and it reiterates that, in the context of future amendments to the Labour Law, the repeal of the provisions indicated by the Committee is under serious consideration. Noting the positive developments in women’s employment, the Committee requests the Government to strengthen its efforts to increase the participation of women to a wider range of occupations, including in non-stereotyped jobs and decision-making positions, and to provide detailed information on the impact of the measures taken. The Committee also requests the Government to provide information on any action taken to address the challenges that have been identified to women’s employment, including by awareness raising of stereotypical perceptions of women’s capabilities and role in society, and by establishing childcare facilities. The Committee requests the Government to provide information on the findings of the studies on “suitable positions for women” in factories and telework, and any follow-up measures taken or envisaged. With regard to legal restrictions on women’s employment, the Committee reiterates its request to the Government to amend section 149 of the Labour Law to ensure that any restrictions on women’s employment are strictly limited to maternity protection, and to repeal the Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A of which established criteria for women’s work. Please provide a copy of Ministerial Decision No. 1/1/2475, 10 August 1432 (2011)) on the conditions for women’s employment in factories.

Monitoring and enforcement. The Committee notes the Government’s indication, as recorded in the report of the direct contacts mission, that the new operational model for labour dispute settlement, which involves processes at all stages (reconciliation office, court of instance and court of appeal) is being piloted in Riyadh and Amar and will be implemented throughout the national territory. The Committee notes from the Government’s report that a Royal Order has been issued to establish women’s units in courts and judicial bodies under the supervision of an independent women’s department in the main judicial system. The Committee asks the Government to provide information on any specific preventive and enforcement activities carried out by the labour inspection services in relation to discrimination in employment and occupation, and their results. Noting that no cases of discrimination have been registered by the labour dispute settlement bodies, the Committee asks the Government to take steps, including with ILO technical assistance, to reinforce the capacity of judges, labour inspectors and other officials to identify and address discrimination in employment and occupation. The Committee also asks the Government to provide clarifications on the competence and jurisdiction of women’s units in courts, including a summary of the relevant provisions of the Royal Order mentioned by the Government, and information on the number and nature of the cases examined by these units.

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

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2013, and the conclusions adopted. The Conference Committee urged the Government to ensure it had a national policy designed to promote equality of opportunity and treatment in employment and occupation, for all workers, with a view to the elimination, in the very near future, of any discrimination on all the grounds set out in the Convention. With reference to the high number of migrant workers, the Conference Committee asked the Government to give particular attention to ensuring the rights of migrant workers, including domestic workers, were being effectively protected. It further requested the Government to accept a direct contacts mission with a view to assessing the situation on the ground and assisting the Government and the social partners to continue to make tangible progress in the application of the Convention. The Committee welcomes the Government’s indication that it has accepted the direct contacts mission, and notes that arrangements have been made for the mission to take place early in 2014. The Committee asks the Government to provide information on the outcome of the mission and the follow-up thereto, with respect to all the issues raised by this Committee and the Conference Committee.

National equality policy. The Committee recalls that the Conference Committee noted that the national equality policy required under the Convention needs to be concrete, specific and effective, and that the impact of the Government’s efforts in this area remained unclear. The Committee recalls further that terms of reference had been provided in 2006 by an ILO high-level mission on the development of a national equality policy. The Committee notes the Government’s indication that the society is based on equality in rights and duties without discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, and the acknowledgment that there may, however, be some cases of discrimination which have not been reported. The Government further expresses interest in technical assistance on formulating a national equality policy. The Government considers that it has not adopted discriminatory legislation, decisions or circulars, and in particular that the Labour Code, 2006, is not discriminatory. The Committee recalls that while a national equality policy should include the repeal or modification of discriminatory laws and administrative practices, it also involves the adoption of a range of specific measures to promote equality of opportunity in employment and occupation, which often include legislative and administrative measures, public policies, affirmative action measures, specialized bodies, awareness raising, etc. (see General Survey on the fundamental Conventions, 2012, paragraphs 843–849). The Committee again urges the Government to develop and implement a national policy designed to promote equality of opportunity and treatment in employment and occupation, in collaboration with the relevant stakeholders. It further urges the Government to take concrete steps to include as part of its national equality policy, legislation specifically defining and prohibiting direct and indirect discrimination, on the grounds of race, sex, colour, religion, political opinion, national extraction and social origin, covering all workers and all aspects of employment. Recalling that sexual harassment is a serious form of sex discrimination, the Committee asks the Government to provide specific protection, in law and practice, against sexual harassment at work, and to provide information on any progress made by the Advisory Council for Women’s Work in this regard. The Committee also asks the Government to provide specific information on the steps taken to undertake a national survey, covering national and foreign workers, and different sectors (including construction, domestic work, agriculture) on the situation in the country with regard to discrimination on the grounds set out in the Convention, and the establishment of an action plan, as foreseen in the terms of reference for the multi-stakeholder task force. Please also provide details of the special policies for workers with disabilities referenced in the report, as well as information on the National Observatory for the Workforce as it relates to the implementation of the Convention.

Discrimination against migrant workers. The Committee recalls that the Conference Committee stressed the importance of the Government giving particular attention to ensuring effective protection of the rights of migrant workers, including domestic workers. The Committee notes the steps taken to monitor payments of wages of migrant workers, and the establishment of a consolidated contact centre to assist migrant workers who have problems communicating their complaints to the relevant body. The Committee recalls further that the Government had previously indicated that it was committed to abolishing the sponsorship system. The Committee notes that the Government states in its most recent report that there is no sponsorship system, without specifying the measures taken to abolish it. The Government indicates that in specific cases a worker has the right to transfer their service from one employer to another, though it is not clear what those specific cases involve. Referring specifically to migrant domestic workers, the Committee notes the Government’s indication that a protective insurance program has been submitted to the official bodies in countries of origin, and a bilateral agreement was signed with the Government of the Philippines in 2013, and that similar agreements with other countries of origin are under discussion. The Committee also notes the Government’s indication that a special regulation for domestic workers was adopted in July 2013. The Committee asks the Government to provide information on the specific measures taken to abolish the sponsorship system, and to provide appropriate flexibility for workers to change employers. The Committee also asks the Government to provide information, disaggregated by sex and origin, on the number and nature of complaints dealt with by the consolidated contact centre, and the outcome thereof, as well as information on the regulation on recruitment agencies and the regulation on domestic workers referred to by the Government. The Government is also asked to provide information on any steps taken to include in bilateral agreements provisions specifically relating to protection of the rights of migrant workers once in the country, as well as requiring countries of origin to take measures for their protection. Please provide a copy of the bilateral agreements with countries of origin, as well as copies of any model contracts for domestic workers. The Committee also asks the Government to provide specific information on measures taken to identify and address sexual harassment of migrant workers.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that the number of women in employment has increased substantially over the last 30 years. The Committee notes in this regard ILO statistics evidencing an increase in female labour market participation from 17.4 per cent in 2009 to 20.3 per cent in 2012, with men’s labour market participation increasing in the same period from 74.2 per cent to 77.6 per cent. The Committee also notes that the Government refers very generally to a range of measures taken by the Ministries of Education, Higher Education and Labour, the Shura Council, the Technical and Vocational Training Corporation, and the Fund for Human Resources Development aimed at increasing the opportunities for women’s participation in non-stereotyped and high-level work. The Government also refers to measures taken to promote women’s work from home and part-time work. On the issue of restrictions on women’s employment pursuant to section 149 of the Labour Code, the Government states that the provision prohibits employers employing women in specific occupations and tasks that jeopardize health or are likely to expose women to specific risks, and indicates in the context of the process of amending the Labour Code, that the repeal of this provision is under serious consideration. The Committee recalls that extensive criteria regulating women’s ability to work is also set out in the Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A. The Committee urges the Government to amend or repeal section 149 of the Labour Code to ensure that any restrictions on women’s employment are strictly limited to maternity protection, and to repeal the Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A, with a view to ensuring that women have the right, in law and practice, to pursue freely any job or profession. The Committee also asks the Government to clarify whether the Order of 21 July 2003 approving women’s participation in conferences suitable to them has been amended, to ensure that women are able to participate in international conferences on an equal footing with men. The Committee asks the Government to continue to undertake measures to support women’s access to a wider range of jobs, and to provide detailed information on the measures taken and their impact, specifying the number and nature of jobs secured by women due to such measures, including through the Public Training Plan and Vocational Training Corporation. The Committee again asks the Government to provide information on the establishment, mandate and activities of the Higher National Committee for Women’s Affairs.

Monitoring and enforcement. The Committee notes the Government’s indication that a significant programme has been launched for the development of workers’ dispute settlement bodies, with a view to providing high quality service to clients in all types of cases, reducing the number and length of lawsuits by workers, and establishing a high quality consolidated mechanism to deal with workers’ claims within a clear and effective governance framework. The Government states that these bodies will be open to all, including citizens and non-citizens, regardless of the legal nature of the labour relationship. The Committee notes further the project on the development of the judiciary. Noting the efforts made to reinforce workers’ dispute settlement bodies and the judiciary, and the Government’s reference to the establishment of women’s sections in courts, the Committee asks the Government to provide information on the impact of these measures on increasing accessibility of workers to dispute resolution processes, particularly for complaints of discrimination in employment and occupation. Please indicate the number and nature of complaints regarding discrimination, disaggregated by sex and origin, including with respect to agricultural workers, brought before these bodies, labour inspectors, labour dispute commissioners or the Human Rights Commission, and their outcome. Noting further the Government’s stated commitment to develop the judicial system based on international good practices, the Committee encourages the Government to take this opportunity to seek assistance with a view to increasing the capacity of judges, labour inspectors and other officials to identify and address discrimination in employment and occupation.

[The Government is asked to reply in detail to the present comments in 2014.].

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

The Committee notes the Government’s report in reply to the request made by the Conference Committee on the Application of Standards in June 2012.

National equality policy. The Committee recalls its previous observations, calling on the Government to take measures to declare and pursue a national equality policy as required under Article 2 of the Convention, addressing at least all the grounds set out in Article (1)(1)(a) of the Convention. Terms of reference had been provided by an ILO high-level mission on the development of a national equality policy, including regarding the establishment and mandate of a multi-stakeholder task force. The Committee notes the Government’s general indication that it considers that the different laws and regulations, including the Labour Code, ministerial decisions and regulations, and decisions of the Consultative Council reinforce that the official policy is based on combating all forms of discrimination, segregation or exclusion on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. It states further that the official policies, educational systems and programmes, administrative instructions and practices are in conformity with the Government’s approach to the elimination of any discrimination or segregation. The Government also states that there is no declared or hidden discriminatory policy against non-Saudis, as evidenced by the approximately 10 million non-Saudis living in stability and security in the country. In response to the previous requests and concerns of the Committee with respect to discrimination based on religion, the Committee also notes the Government’s general indication that no cases have been brought before the courts alleging such discrimination. The Committee draws the Government’s attention to its 2012 General Survey on fundamental Conventions, highlighting that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address it. The Convention requires the national equality policy to be effective: it should therefore be clearly stated, which implies not only that all discriminatory laws and administrative practices are repealed or modified, but also that programmes are set up, stereotyped behaviours and prejudicial attitudes are addressed and a climate of tolerance promoted, and monitoring is put in place. Noting the very general indications of the Government, the Committee recalls that measures to address discrimination in law and in practice should be concrete and specific (see General Survey, 2012, paragraphs 844–845). Recalling that the Government had previously indicated that steps were being taken to examine the establishment of a working group responsible for the preparation of a national equality policy, the Committee notes that the Government provides no information in this regard. The Committee urges the Government to take steps to establish the multi-stakeholder task force, with a view to taking concrete measures, without further delay, to develop and implement a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to the elimination of any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and asks the Government to provide specific information in this regard, including with respect to measures taken to encourage and promote a climate of tolerance among all the sections of the population. The Committee again asks the Government to provide information on the steps taken to secure ILO technical assistance in this regard to which the Government previously referred. The Committee also asks the Government to undertake the national survey on the situation in the country with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan, which was foreseen in the terms of reference for the multi-stakeholder task force.

Legislation. The Committee recalls that the Labour Code, 2006, contains no specific provisions defining and prohibiting discrimination in employment and occupation. The Committee notes the Government’s indication that the regulations in force are based on the prohibition of discrimination between citizens or between citizens and foreign workers. The Committee notes, however, that the Government does not refer to any specific legislation in this regard. The Committee urges the Government to take concrete steps to include as part of its national equality policy, legislation specifically prohibiting discrimination, both direct and indirect, in the public and private sectors, on at least all the grounds set out in the Convention, covering all workers and all aspects of employment, and ensuring effective means of redress. Please provide specific information on the concrete steps taken in this regard.

Domestic workers and agricultural workers. With respect to the Committee’s previous requests for information on how various groups of workers were protected against discrimination in practice, the Committee notes the Government’s indication that the Ministry of Labour considers the formulation of special labour regulations on agricultural and rural workers to be a priority. Regarding domestic workers, the Government indicates that the Consultative Council has adopted a special regulation for domestic workers, which is currently before the high authorities for decision. The Government also states that the Ministry of Labour, in collaboration with the private sector, has formulated an insurance document aimed at providing protection to domestic workers with respect to unpaid wages, as well as providing medical coverage, occupational disability coverage, legal services, etc. The Committee asks the Government to provide specific information on the regulations foreseen for agricultural and rural workers, and domestic workers, and whether it is envisaged that they will address specifically the issue of protection against discrimination for such workers with respect to the grounds enumerated in the Convention. The Committee asks the Government to provide information on the status of the adoption of such regulations, and to provide a copy of them once they are adopted.

Discrimination against migrant workers. The Committee recalls that it has been raising concerns, along with the Conference Committee on the Application of Standards, regarding discrimination against migrant workers, in particular the risk of exploitation and abuse of migrant workers due to the sponsorship system. The Committee welcomes the Government’s acknowledgement that sponsorship provisions can lead to exploitation and abuse, and its commitment to abolishing the sponsorship system. The Government indicates further that the Ministry of Labour has taken several measures to provide more protection for migrant workers, including establishing a Department for the Welfare of Expatriate Workers, and adopting a regulation on recruitment companies, aimed at regulating migrant labour and protecting the rights of workers and employers. The Government also indicates that it has formulated a bilateral agreement to regulate the relationship between domestic workers and their employers, to safeguard the rights of both parties. The Council of Ministers has authorized the Minister of Labour to negotiate and sign such bilateral agreements with countries of origin. The Government considers that such measures will lead to the end of the sponsorship system in practice, before it is envisaged formally and legally. The Committee asks the Government to continue to provide information on the steps taken to bring an end to the sponsorship system, both in law and in practice, as well as on the impact of such measures. The Committee also requests information on the mandate of the Department for the Welfare of Expatriate Workers, including any role in inspection or dispute resolution, as well as on the conclusion of any bilateral agreements, and the contents of such agreements. The Committee also asks the Government to indicate whether any steps have been taken, as previously urged by the Committee, to follow up in a concerted manner on the issues relating to discrimination of migrant workers, including examining the occupations in which migrant workers are employed, their conditions of employment, and the particular situation of female domestic workers, and to make addressing discrimination against migrant workers an important component of the national equality policy.

Equal opportunity and treatment of men and women. The Committee notes that in reply to the concerns raised previously regarding the significant occupational gender segregation, with women being concentrated in a narrow range of sectors, the Government provides very general information, including that women have excelled in education, that they have assumed some high-level posts, and are being trained in computer and information technology and other specialties. The Government also refers to a ministerial decision that was issued on the special requirement of women’s employment in factories, and another on promoting home work for women. The Committee recalls that the objectives of the Ninth Development Plan (2010–14), include: “[increasing] the overall participation rate, particularly that of females, in an effort to enhance economic empowerment of women”; “promoting participation of women in economic activity, and providing the facilities required to increase their participation”; and “consolidating and enhancing qualitative progress in education of Saudi girls at all stages of education”. The Committee again asks the Government to provide specific information on the concrete measures taken pursuant to the Ninth Development Plan and the National Employment Strategy, to which the Government previously referred, to increase the labour market participation of women, including the training and facilities provided, as well as the measures taken to improve education for girls to expand their future employment opportunities, and the impact of such measures. The Committee also again asks the Government to take concrete measures to address occupational gender segregation, with a view to providing opportunities for women in a wider range of sectors and occupations, including higher level and decision-making positions, and in those areas that have been traditionally dominated by men, and to provide information on the results achieved. Please also provide information on the concrete measures taken to ensure that workers, employers and their organizations are aware that the law no longer prohibits women and men from working together, and the specific steps taken to address de facto workplace segregation. The Committee also requests information on the establishment, mandate and activities of the Higher National Committee for Women’s Affairs, to which the Government previously referred.

Sexual harassment. Recalling the concerns raised regarding the absence of legislation addressing sexual harassment, and the particular vulnerability of domestic workers to such harassment, the Committee notes the Government’s acknowledgement that sexual harassment occurs in the work environment where both men and women work together, though the Government considers that such cases are limited due to prevailing customs and traditions. The Government also states that the prohibition of sexual harassment is being considered, and that the Ministry of Labour, through the Advisory Council for Women’s Work, has been studying the issue of the rules “governing the morals of treatment among employees for the protection of men and women employees at work against immoral transgressions … . Such transgressions, breaches, mechanisms for complaints, as well as the penalties are currently being defined.” The Committee asks the Government to provide information on the specific recommendations of the Advisory Council for Women’s Work with respect to defining and prohibiting sexual harassment, and the specific follow-up given to such recommendations. The Committee hopes that the Government will soon be in a position to report progress in explicitly defining and prohibiting both quid pro quo and hostile work environment harassment in employment and occupation, including for domestic workers, and asks the Government to provide detailed information in this regard.

Restrictions on women’s employment. Recalling the protective measures set out in section 149 of the Labour Code, confining women to jobs that are “suitable to their nature”, the Committee notes the Government’s indication that, while it does not consider this provision to be discriminatory, the need to repeal the provision is being seriously considered in the context of draft amendments to the Labour Code. The Committee also recalls that the criteria governing work that can be undertaken by women remains regulated by paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987), which establishes the following criteria for women to work: (a) the need for the woman to work; (b) permission of her guardian; (c) suitability of the work to a woman’s nature and not distracting with regard to her household and marital duties; (d) sex-segregated workplace; and (e) women’s compliance with notions of dignity and modesty and Islamic dress code. Recalling that protective measures limiting women’s access to employment constitute obstacles to the recruitment and employment of women, the Committee urges the Government to amend section 149 of the Labour Code, and repeal paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987), with a view to ensuring that any protective measures are strictly limited to maternity protection. The Committee also again asks the Government to amend the Order of 21 July 2003 approving women’s participation in international conferences suitable to them, to ensure that women are able to participate in international conferences in the course of employment and occupation on an equal footing with men.

Enforcement. Recalling the concerns raised regarding the inadequacy of the dispute resolution mechanisms in addressing issues of discrimination, including for migrant workers, the Committee notes that the Government stresses the importance of the continuous training provided to judges and labour inspectors, and refers again to Royal Decree No. 8382/mb of 28/10/1429 (2008) which provides for the establishment of women’s units in courts and justice secretariats under the supervision of an independent women’s administration. The Government, however, once again indicates that there have been no complaints relating to discrimination in employment and occupation. The Committee recalls that the absence of cases is likely to indicate a lack of an appropriate framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). Noting the absence of complaints regarding discrimination, the Committee asks the Government to take steps to ensure there are accessible avenues for bringing and addressing cases of discrimination in employment and occupation, and to raise awareness of such procedures. Please also provide specific information in this regard, as well as on the implementation of Royal Decree No. 8382/mb. The Committee again requests the Government to clarify whether it is envisaged that women will be included on the Human Rights Commission and the courts, having the same status and responsibilities as men, and to provide information on any progress made in this regard. The Committee also asks the Government to provide specific information on the nature of the training provided to judges and labour inspectors, particularly as it relates to equality and non-discrimination in employment and occupation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

National equality policy. For many years, the Committee has been calling on the Government to take measures to declare and pursue a national equality policy as required under Article 2 of the Convention, addressing at least all the grounds set out in Article (1)(1)(a). Terms of reference had been provided by an ILO high-level mission on the development of a national equality policy, including regarding the establishment and mandate of a multi-stakeholder task force. The Committee notes the Government’s indication that the Ministry of Labour shall communicate with the relevant bodies, including the Human Rights Commission, with a view to examining the setting up of a working team responsible for the preparation of a national equality policy. The Government also expresses its desire for ILO assistance in this process. Trusting that the multi-stakeholder task force will be established in the very near future, the Committee urges the Government to take concrete measures, without further delay, to develop and implement a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to the elimination of any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. Please provide specific information on the steps taken in this regard, including with a view to securing ILO technical assistance. Noting that no information has been provided on the status of the national survey on the situation in the country with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan, the Committee again requests the Government to provide this information.

Legislation. The Committee notes that the Government provides no information in response to the concerns raised previously regarding the absence of specific provisions prohibiting discrimination in employment and occupation. In the light of the serious concerns regarding discrimination in employment and occupation which have been raised by the Committee for many years, as well as by the Conference Committee on the Application of Standards, the Committee urges the Government to take steps to include as part of its national equality policy, legislation specifically prohibiting discrimination, both direct and indirect, in the public and private sectors, on all the grounds set out in the Convention, covering all workers and all aspects of employment, and ensuring effective means of redress. Please provide specific information on the concrete steps taken in this regard.

Scope of protection. The Committee had previously asked the Government to provide information on how domestic workers, agricultural workers, part-time workers, and “incidental, seasonal and temporary workers”, are effectively protected against discrimination. The Committee notes the Government’s indication that some provisions of the Labour Code apply to casual, seasonal and temporary workers, and that the rules for the regulation of part-time work are to be issued by the minister. The Government indicates further that domestic workers and similar workers, though excluded from the scope of the Labour Code, are able to complain to special committees and then to the courts if necessary. With respect to the adoption of the regulation on domestic workers and similar workers which was under preparation, the Committee notes that the Government states that it has been submitted to the Cabinet of Ministers for adoption. Noting the general information provided by the Government in this context, the Committee again requests detailed information regarding how in practice domestic workers, agricultural workers, part-time workers, and incidental, seasonal and temporary workers can bring a claim of discrimination in employment and occupation, whether any such claims have been filed, and if so, how they have been addressed. The Committee also requests the Government to continue to provide information on the status of the adoption of the regulation on domestic workers, and to provide a copy once it has been adopted. Please also provide specific information on any rules adopted for the regulation of part-time work. The Committee also again urges the Government to ensure that any new legislative non-discrimination provisions cover all workers, including those who are presently excluded wholly or partially from the scope of the Labour Code.

Equal opportunity and treatment of men and women. The Committee had noted previously the significant occupational sex segregation of the Saudi labour market, with women being concentrated in education, health and social work. It had also noted that although the legislative prohibition of women and men working together had been repealed, there was very little awareness of this change. The Committee notes the Government’s indication that the National Employment Policy has been adopted, which addresses the expansion in employment opportunities of women. The Committee also notes the adoption of the Ninth Development Plan (2010–14), according to which, by the end of 2008, women’s labour force participation was 11.5 per cent. Women constituted only 12.8 per cent of total Saudi employment, with 77.6 per cent of total female employment in the education sector. The unemployment rate was 6.8 per cent for men and 26.9 per cent for women. The objectives of the Development Plan include, “[increasing] the overall participation rate, particularly that of females, in an effort to enhance economic empowerment of women”; “promoting participation of women in economic activity, and providing the facilities required to increase their participation”; and “consolidating and enhancing qualitative progress in education of Saudi girls at all stages of education”. The Committee also notes the Government’s acknowledgement in its report that while there is a rising trend in women assuming leadership positions, there is a need to be more proactive in increasing job, educational and training opportunities for women. The Government also provides information on training initiatives, indicating that in 2009 there were more than 55,000 female trainees in the areas of technical and vocational training at government and non-governmental centres and institutes. Noting that the Government refers to training programmes for occupations “which suit women”, the Committee recalls the importance of avoiding stereotyped assumptions in training and employment with respect to women’s suitability and capability for certain jobs as this will limit their employment opportunities. The Committee asks the Government to provide information on the specific measures taken pursuant to the Ninth Development Plan and the National Employment Strategy to increase the labour market participation of women, including the training and facilities provided, as well as the measures taken to improve education for girls to expand their future employment opportunities, and the impact of such measures. The Committee also asks the Government to take concrete measures to address occupational sex segregation, with a view to providing opportunities for women in a wider range of sectors and occupations, including higher level and decision-making positions, and in those areas that have been traditionally dominated by men, and to provide information on the results achieved. Please also provide specific information on the measures taken, as requested previously by the Committee, to ensure that workers and employers and their organizations are aware that the law no longer prohibits women and men from working together, and the specific steps taken to address de facto workplace segregation. The Committee also requests information on the establishment, mandate and activities of the Higher National Committee for Women’s Affairs.

Sexual harassment. The Committee previously raised concerns regarding the absence of legislation addressing sexual harassment, and the particular vulnerability of domestic workers to such harassment. The Government replies in very general terms that it does not tolerate cases of molestation of female workers, including female domestic workers, and that anyone who sexually molests a female worker would be subject to legal sanctions. The Committee draws the Government’s attention to the fact that sexual harassment in employment and occupation is not limited to crimes of a sexual nature, to which the Government appears to be referring, and covers a wider range of situations. The Committee notes that without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it is doubtful whether sexual harassment in all its forms is being effectively addressed. The Committee, therefore, asks the Government to take steps to include a provision in the Labour Code defining and explicitly prohibiting sexual harassment, in line with its 2002 general observation on this topic. With respect to domestic workers, the Committee also asks the Government to take the opportunity of the preparation of the regulation on domestic workers to address specifically the issue of sexual harassment, as these workers are particularly vulnerable to such harassment, and again asks the Government to provide information regarding any steps taken in this regard.

Restrictions on women’s employment. The Committee recalls the protective measures set out in section 149 of the Labour Code, confining women to jobs that are “suitable to their nature”. The Committee notes that the Government provides no reply to its request to amend section 149 with a view to ensuring that any protective measures are strictly limited to maternity protection. In reply to the Committee’s request for clarification of the meaning of “suitable to them” in the Order of 21 July 2003 approving women’s participation in international conferences suitable to them, the Government states that it refers to conferences that are suitable to the specialized work undertaken by women or any conference which is specifically for women. The Committee also notes from the report of the Special Rapporteur on violence against women, its causes and consequences, that the criteria governing work that can be undertaken by women remains regulated by paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987) (A/HRC/11/6/Add.3, 14 April 2009, paragraph 29). Paragraph 2/A sets the following criteria for women to work: (a) the need for the woman to work; (b) permission of her guardian; (c) suitability of the work to a woman’s nature and not distracting with regard to her household and marital duties; (d) sex-segregated workplace; and (e) women’s compliance with notions of dignity and modesty and Islamic dress code. The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity between men and women in employment and occupation and should be repealed. Concerned at the legal framework which places severe limitations on women’s employment, the Committee urges the Government to amend section 149 of the Labour Code, and repeal paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987), with a view to ensuring that any protective measures are strictly limited to maternity protection. The Committee also asks the Government to amend the Order of 21 July 2003 approving women’s participation in international conferences suitable to them, to ensure that women are able to participate in international conferences in the course of employment and occupation on an equal footing with men.

Discrimination against migrant workers. The Committee must note with regret that the Government once again provides no response to its previous comments and those of the Conference Committee on the Application of Standards, raising concerns regarding discrimination against migrant workers. The Committee notes, however, from the report of the Special Rapporteur referred to above, which highlights the risk of exploitation and abuse of migrant workers due to the kafala (sponsorship) system, that the kafala system was recently under review by the Ministry of Labour (ibid., paragraphs 63–65). The Committee once again urges the Government to take measures to address the issues of discrimination and exploitation of migrant workers, including providing legal protection to migrant workers against discrimination on all the grounds enumerated in the Convention, as well as accessible dispute resolution mechanisms. The Committee also asks the Government to provide specific information on the review of the kafala system being undertaken by the Ministry of Labour, including the methodology being used, any resulting conclusions or recommendations, and follow-up. The Committee again urges the Government to follow up in a concerted manner issues relating to discrimination of migrant workers, including examining the occupations in which migrant workers are employed, their conditions of employment, and the particular situation of female domestic workers; and to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination based on religion. The Committee notes the Government’s indication that the State has started to encourage and promote the values of religious tolerance, including the adoption of national dialogue involving all citizens regardless of creed, and attempting to address hatred and violence against non-Muslims. The Committee asks the Government to provide information on the specific measures taken to encourage and promote religious tolerance, and the results achieved. Please also provide information on specific measures taken to address discrimination based on religion in employment and occupation.

Dispute resolution and human rights mechanisms. The Committee previously raised concerns regarding the inadequacy of the dispute resolution mechanisms in addressing issues of discrimination, including for migrant workers. The Committee notes that the Government again indicates that there have been no complaints of discrimination in employment and occupation. The Government also indicates that the Human Rights Commission is carrying out a national programme to disseminate a culture of human rights, including raising awareness through media, lectures, symposia and publications aimed at changing cultural and social stereotypes with a view to eliminating discrimination. The Government also indicates that the Ministry of Justice has drafted a strategy for the development of the judiciary, proposing the establishment of specialized women’s units at the justice departments and within justice bodies, to receive women’s claims, and staffed by female administrative staff, women specializing in the sharia, and female legal counsellors. A unit providing for mediation regarding issues concerning women has also been proposed. The Government also refers to Royal Decree No. 8382/mb of 28/10/1429 (2008) which provides for the establishment of women’s units in courts and justice secretariats under the supervision of an independent women’s administration; procedures to address delays that jeopardize women’s rights and stop violence against them because of a lawsuit, and the adoption of sanctions; addressing women’s complaints and seeking a clear and sound manner of receiving, investigating and resolving such complaints; and increasing women’s awareness of their rights through media. The Committee asks the Government to continue to provide information on the measures taken by the Human Rights Commission to raise awareness regarding discrimination, particularly regarding any activities addressing specifically discrimination in employment and occupation. Please also provide information on the measures taken to implement the strategy for the development of the judiciary and Royal Decree No. 8382/mb. The Committee also requests the Government to clarify whether it is envisaged that women will be included on the Human Rights Commission and the courts, having the same status and responsibilities as men, and to provide information on any progress made in this regard. The Committee also asks the Government to continue to provide information on the number and nature of complaints brought before labour inspectors, labour dispute commissioners, the Human Rights Commission or the courts regarding discrimination, and the outcome thereof. The Committee also once again urges the Government to take measures to ensure that those involved in dispute resolution and enforcement, including labour inspectors, labour dispute commissioners, judges and members of the Human Rights Commission, receive appropriate training regarding non-discrimination and equality issues.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

National equality policy

Multi-stakeholder task force. The Committee has for many years been commenting on the need to declare and pursue a national equality policy. In its previous observation, the Committee noted that in the course of the High-level mission, which took place in September 2006, the Saudi authorities had acknowledged that there was no national equality policy, and requested ILO assistance to develop such a policy. The mission provided terms of reference, which included the establishment and mandate of a multi-stakeholder task force. The Committee regrets that the Government provides no information in its report on whether the task force has been established, or on the progress made in the development of a national equality policy. The Committee recalls that Article 2 of the Convention requires the Government to declare and implement a national equality policy, and that Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), describes in further detail the various objectives to be achieved by the national policy. The Committee urges the Government to take measures to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to the elimination of any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, as required under Article 2 of the Convention. The Committee hopes that the Government will establish the task force without further delay, and take the necessary steps to secure ILO technical assistance. The Committee again requests the Government to provide information on the status of the national survey on the situation in the country with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan.

Prohibition of discrimination in employment and occupation. The Committee notes that the Labour Code, which came into force in April 2006, contains no specific provision prohibiting discrimination in employment and occupation. The Government had stated previously that the Labour Code was based on the principle of equality and, in its most recent report, the Government states that the Labour Code covers all persons without discrimination on the grounds of sex, race, religion or colour unless expressly excluded from its scope. The Committee recalls that Article 3(b) of the Convention indicates that the State must enact such legislation as may be calculated to secure the acceptance and observance of the policy defined in Article 2 of the Convention. The necessity of introducing legislative measures in order to give effect to the Convention must thus be assessed within the framework of the national policy as a whole, having regard in particular to the other types of measures which may be taken and to the effectiveness of the overall action pursued. Given that serious concerns regarding discrimination in employment and occupation have been raised by the Committee for many years, as well as by the Conference Committee on the Application of Standards, the Committee requests the Government to include as part of its national equality policy, legislation specifically prohibiting discrimination, both direct and indirect, in the public and private sectors, on all the grounds set out in the Convention, applying to all aspects of employment, and ensuring effective means of redress.

Scope of protection. In its previous observation, the Committee asked the Government to provide information on how domestic workers, agricultural workers, part-time workers, and “incidental, seasonal and temporary workers”, are effectively protected against discrimination. The Committee notes that the Government replies in a general manner that the Islamic sharia, the system of government and other regulations, guarantees the right to non-discrimination of all persons found on the territory of Saudi Arabia. The Committee requests the Government to provide detailed information regarding how in practice domestic workers, agricultural workers, part-time workers, and incidental, seasonal and temporary workers can bring a claim of discrimination in employment and occupation, whether any such claims have been filed and, if so, how they have been addressed. The Committee also requests the Government to provide information on the status of the adoption of the regulation on domestic workers, and to provide a copy as soon as it has been adopted. The Committee also urges the Government to ensure that any new legislative non-discrimination provision covers all workers, including those who are at present excluded wholly or partially from the scope of the Labour Code.

Equal opportunity and treatment for men and women

Occupational segregation. The Committee notes that occupational sex segregation remains a prominent feature of the Saudi labour market, with women being concentrated in education, health and social work. The Committee notes that the Committee on the Elimination of Discrimination against Women expressed concern that “the level of representation of women in public and political life, at the local, national and international levels and in particular in decision-making positions, is very low. It is further concerned that women were excluded from the first municipal elections in Saudi Arabia [and] … women do not participate in the country’s Consultative Council” (CEDAW/C/SAU/CO/2, 8 April 2008, paragraph 25). The Committee notes that the Government points to measures taken in accordance with Decree No. 120 of 2004 to improve women’s access to a broader range of job opportunities at all levels. Women’s units have been established in a number of government bodies, including the Ministry of Labour and the Human Resources Development Fund, and women’s employment offices have started to receive applications from women in order to find them employment in the private sector. The Committee requests the Government to provide information on any further measures taken or envisaged to increase the participation of women in a broad range of sectors and occupations and to higher level and decision-making positions, including in public and political life. It also requests the Government to continue to provide information on the measures taken to implement Order No. 120, and the practical impact of such measures on increasing women’s employment opportunities.

Education and vocational training. The Committee notes the continuing efforts made by the Government to improve the educational and training opportunities of women, including in non-traditional areas. The Committee also notes the concerns raised by the Special Rapporteur of the United Nations Human Rights Council on Violence against Women, its Causes and Consequences, that the progress in women’s education has not been accompanied by a comparable increase in their labour force participation (United Nations press release, 13 February 2008). The Committee notes the numerous programmes of the Human Resources Development Fund, and that it has opened a women’s branch to support business women and jobseekers, with 4,049 female trainees benefiting from the placement and training programme, 495 benefiting from the programme of loans, and 18,547 women benefiting from the programme of qualification of female jobseekers for employment in the private sector. The Committee requests the Government to continue providing information on the measures taken to promote training and educational opportunities for women, particularly in areas that have traditionally been dominated by men, including information on the proportion of women in different subject areas. Please also continue to provide information on the distribution of women and men among the various educational and training institutions, including higher education. The Committee also reiterates its request for information on whether, and to what extent, women are entering the labour market once they complete education and training courses. The Committee again requests information on the results of any research and analysis of labour market needs, and on how such results are being used to target training and education for women to improve their employment opportunities.

Sexual harassment. Noting that the Government has not replied to its previous comments on this point, the Committee is obliged to again request the Government to consider including a provision in the Labour Code that defines and explicitly prohibits sexual harassment, in line with its 2002 general observation on this topic. With respect to domestic workers, the Committee again expresses its hope that the proposed regulation on domestic workers will specifically address the issue of sexual harassment, as these workers are particularly vulnerable to such harassment, and asks the Government to provide information regarding any steps taken in this regard.

Special measures of protection. The Committee noted in its previous comments that the legislative prohibition of women and men working together had been repealed, but that there was very little awareness of this change. The Government replies generally that women are involved in mass media. The Committee notes the concern raised by the CEDAW Committee that de facto segregation of women in the workplace continues to be an impediment to women’s employment (paragraph 31). The Committee had also raised concerns regarding the protective measures set out in section 149 of the Labour Code, confining women to jobs that are “suitable to their nature”. In its report, the Government states that “suitable to their nature” means suitable to their body. The Committee must again express its concern that provisions limiting women’s access to certain sectors or jobs due to stereotyped assumptions linked to gender, and unrelated to maternity, impede equality in employment and occupation. The Committee urges the Government to take measures to ensure that workers and employers and their organizations are aware that the law no longer prohibits women and men from working together, and to address de facto workplace segregation. The Committee also requests the Government to amend section 149 of the Labour Code, with a view to ensuring that any protective measures are strictly limited to protecting maternity. The Committee again requests the Government to clarify the meaning “suitable to them” in the Order of 21 July 2003, which approved women’s participation in international conferences “suitable to them”.

Migrant workers

The Committee regrets that the Government provides no response to its previous comments raising concerns regarding discrimination against migrant workers. The Committee notes that the CEDAW Committee has also expressed concern, particularly regarding female migrant domestic workers, stating that “they are not yet covered by the current labour code, often are not aware of their rights, and, in practice, cannot easily file complaints and gain redress in cases of abuse” (paragraph 23). Similar concerns have also been raised by the above-mentioned Special Rapporteur. Noting the particular vulnerability of migrant workers, in particular female migrant domestic workers, the Committee urges the Government to take measures to address the issues of discrimination and exploitation of these workers, including providing legal protection against discrimination to migrant workers, on all the grounds enumerated in the Convention, as well as accessible dispute resolution mechanisms. The Committee again urges the Government to take the following measures:

(i)    to launch an investigation into the foreign sponsorship system, including an examination of the allegations of abuse raised before this Committee;

(ii)   to follow up in a concerted manner issues relating to discrimination of migrant workers, including examining the occupations in which migrant workers are employed, their conditions of employment, and the particular situation of female domestic workers; and

(iii) to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination based on religion

With respect to the issue of job advertisements including a reference to religion, the Committee notes that the Government refers to Ministerial circular No. 211/8/1 of 22/2/1407H, which specifies that all job advertisements must be approved by the employment offices, and that information from these offices indicates that no job advertisements include references to religion. The Committee notes that the Government does not provide any information regarding concrete measures taken to address discrimination on the ground of religion in practice. The Committee is therefore obliged to request the Government as follows:

(i)    to address the matter of religious discrimination in the national equality policy;

(ii)   to take concrete and proactive measures to address religious discrimination; and

(iii) to provide information on any studies commissioned, awareness raising undertaken, and enforcement measures with respect to religious discrimination.

Dispute resolution and human rights mechanisms

The Committee has previously stressed the need for effective mechanisms to address discrimination and provide effective remedies and enforcement, including for migrant workers. Weaknesses in the existing system identified were lack of effective inspection, complaints mechanisms and enforcement regarding issues of discrimination, linked to lack of physical access, lack of awareness among judges and members of the commissions of discrimination issues, and the absence of women on the courts and commissions. The potential for the Human Rights Commission to take a leading role in this area was also raised. The Committee notes the Government’s general reply that no complaints of discrimination have been received by the relevant bodies. The Committee notes that the absence of complaints of discrimination, given the findings of the High-level mission, confirms the inadequacy of the dispute resolution mechanisms. The Committee, therefore, urges the Government to take measures to ensure that those involved in dispute resolution and enforcement, including labour inspectors, labour dispute commissioners, judges and members of the Human Rights Commission, receive appropriate training regarding non-discrimination and equality issues. The Committee also requests the Government to provide the following information:

(i)    the number and nature of complaints brought before labour inspectors, labour dispute commissioners, the Human Rights Commission or the courts regarding discrimination, and the outcome thereof;

(ii)   any awareness-raising activities of the Human Rights Commission with respect to equality and non-discrimination;

(iii) any steps taken to include women on the commissions and the courts to address discrimination matters.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the reply to the comments of the International Trade Union Confederation (ICFTU). The Committee also notes the discussion that took place in the Conference Committee on the Application of Standards in June 2005, the resulting conclusions of the Conference Committee, and the report of the High-level mission that took place in September 2006.

Legislative developments

1. The Committee notes the adoption of the new Labour Code, which came into force on 23 April 2006. For a number of years, the Committee has expressed concern regarding section 160 of the 1969 Labour and Workers’ Law, providing that “in no case may men and women co-mingle in the place of work or in the accessory facilities or other appurtenances thereto”. The Committee notes with satisfaction that this provision has been repealed with the adoption of the new Labour Code.

2. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that it considers that the Labour Code is based on the principle of equality. With respect to the scope of application of the Labour Code, the Committee notes that domestic workers and agricultural workers are excluded (section 7), and part-time workers are also excluded, except with respect to the provisions relating to safety, occupational health and work injuries (section 5). In addition, “incidental, seasonal and temporary workers” are covered by the Code, but only with respect to certain defined areas, including working hours, overtime, and occupational health (section 6). With respect to domestic workers, the Labour Code provides that the Minister is to draft regulations to govern their relations with the employers and specify the rights and duties of each party (section 7). The Committee notes the Government’s indication that the regulation on domestic workers and workers of a similar category has been drafted by the Ministry of Labour, and is awaiting final approval. The Committee requests the Government to clarify how the principle of equality is reflected in the Labour Code, as set out in Article 1 of the Convention. Noting that the groups fully or partially excluded from the scope of the Labour Code are those that are often particularly vulnerable, the Committee requests the Government to indicate how these workers are to be effectively protected against discrimination. The Committee also requests the Government to forward a copy of the regulation on domestic workers as soon as it has been adopted.

National equality policy

3. The Committee has for many years been commenting on the need to declare and pursue a national equality policy, which was echoed in the conclusions of the Conference Committee. The Committee notes the report of the High-level mission indicating that the authorities acknowledged that there was no national equality policy, and requested ILO assistance with respect to developing such a policy. The mission provided terms of reference to enable the Government to adopt and pursue, with ILO technical assistance, a national policy for the promotion of equality in employment and occupation covering all workers, with a view to eliminating discrimination on the grounds listed in the Convention. The terms of reference focus on the establishment and mandate of a multi-stakeholder task force. The Committee concurs with the conclusions of the mission that, to be effective, a national equality policy must be multi-faceted, including the following: a clearly stated policy; discriminatory laws and administrative practices repealed; stereotyped behaviours and prejudicial attitudes addressed; and monitoring put in place. It should cover all the grounds set out in the Convention – sex, colour, race, religion, national extraction, social origin and political opinion – address direct and indirect discrimination, apply to all aspects of employment, and ensure effective means of redress. The Committee welcomes the Government’s request for ILO technical assistance to adopt and pursue a national equality policy, and notes that the Government in its report states that the necessary steps will be taken to formulate a national equality policy. The Committee looks forward to receiving information in the Government’s next report regarding the composition and meetings of the task force, and the progress it has made, in particular in the preparation of a national survey on the situation in Saudi Arabia with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan.

Equal opportunity and treatment for men and women

4. Education and vocational training. The Committee notes the information provided by the Government in its report, as well as the findings of the High-level mission, indicating that a wider range of training and educational opportunities are being opened to women. The Committee notes in particular that the General Organization for Technical Education and Vocational Training has recently included a number of new specializations for women, including computer science and accounting, though the majority of the courses offered focus on traditional “female” skills, such as sewing, hairdressing, beauty consulting, etc. While there are at present four technical colleges for women, over the next seven years, 37 more institutes and two colleges to train trainers are foreseen. The Committee also notes that there are now 102 public women’s colleges with 300,000 students, as well as some newly opened private women’s colleges. At the university level, women are entering higher education in increasing numbers, and according to the Government’s report, make up 58 per cent of the student population. The Committee acknowledges the important investment that has been made in providing educational and training opportunities to women. However, it also notes the findings of the High-level mission that only 10 per cent of women obtain jobs after graduation. The mission concluded that women continue to be directed to subjects that are considered more suitable to their role in the family and in society, and that many women graduating from universities do not have the competencies needed for the jobs in the labour market. The mission recommended that research and analysis of the labour market needs be undertaken. The Committee requests the Government to provide statistical information on the distribution of men and women among the various educational and training institutions. It also requests information regarding how the education and training received by women translates into employment opportunities once they complete the courses. The Committee would also like to receive information on any measures taken to promote training and educational opportunities for women in areas that have traditionally been dominated by men, including through the Human Resources Development Fund. Please also keep the Committee informed of the results of any research and analysis of labour market needs, and how such results are being used to target training and education for women to improve their employment opportunities.

5. Occupational segregation. The Committee welcomes the conclusion of the High-level mission that the Government demonstrated considerable political will to improve the situation of women in employment and occupation. The mission also concluded that although there is now no legal prohibition to women and men working together, there was little awareness of this fact. The Committee notes further that although the prohibition of women and men working together has been repealed, the Labour Code contains a provision stating that “women shall work in all fields suitable to their nature” and prohibiting employing women in hazardous jobs or industries (section 149). The Committee notes in this regard the findings of the High-level mission that section 149 is generally considered a protective measure, and results in occupational segregation, with jobs considered suitable for women being those in traditional areas, such as the education and health sector, and in administration and finance. Statistics provided by the Government in its report on Convention No. 100 confirm that women continue to be concentrated in particular fields, such as social and community services. The Committee notes the conclusions of the High-level mission that while women are beginning to move into non-traditional areas, progress is slow, and hindered by stereotyped views of women’s role in society. There is still an absence of women in high-level government and political positions. The Committee requests the Government to indicate measures taken or envisaged to ensure that workers and employers are made aware of the fact that there is no longer a legal prohibition to women and men working together. The Committee considers that a proactive policy to promote gender equality at work and in society is required, which does not reinforce stereotypical assumptions regarding women’s aspirations, capabilities and social roles, and requests the Government to provide information regarding measures taken to promote women’s access to a wider range of occupations at all levels, including sectors in which they are currently under-represented. The Committee also requests the Government to review and consider amending section 149 of the Labour Code with a view to ensuring that any protective measures are limited to protecting the reproductive capacity of women and are not aimed at protecting women because of their sex or gender, based on stereotyped assumptions. Please also keep the Committee informed regarding the implementation in practice of Decree No. 120 of 2004. The Committee also asks the Government to respond to its previous request for clarification regarding the Order of 21 July 2003 approving women’s participation in international conferences suitable to them.

6. Sexual harassment. The Committee notes the Government’s response to its previous comments regarding the absence of legislation addressing sexual harassment, and requesting information on measures taken to address sexual harassment of domestic workers. The Government indicates that specific legislation on this matter is not being contemplated, stating that Shari’a law prohibits sexual harassment, and that sexual harassment, rape and similar offences are punished under criminal law, though no cases have been lodged. With specific reference to domestic workers, the Government states that the draft regulation on domestic workers prohibits harm to the dignity of the domestic worker. The Committee notes that the definition of sexual harassment contains two key elements, namely, quid pro quo harassment and hostile work environment, and in this respect again draws the Government’s attention to the general observation of 2002 on this matter. The Committee considers that restricting the prohibition of sexual harassment to general penal law provisions is unlikely to address adequately both these aspects of sexual harassment in the workplace, and again requests the Government to consider including a provision in the Labour Code that defines and explicitly prohibits sexual harassment. With respect to domestic workers, the Committee hopes that the regulation on domestic workers, once it is adopted, will address specifically the issue of sexual harassment, as these workers are particularly vulnerable to such harassment.

Migrant workers

7. The Committee notes the observations of the ICFTU regarding discrimination against migrant workers on the basis of race, religion and sex, underlining in particular the potential and actual abuse of female domestic workers. The Conference Committee, while noting the efforts made by the Government to promote and protect the rights of migrant workers, concluded that considerable problems appear to exist in the application of the Convention in law and practice with respect to migrant workers. The Committee notes that the Government reiterates its previous reply to these concerns, to the effect that given the large number of migrant workers, cases of abuse represent a minimal proportion, and that the ICFTU does not provide sufficient details to support the allegations. The Committee recalls, however, that the magnitude of the problem raised by the ICFTU cannot be considered insignificant, and that considerable details are provided in the ICFTU’s communications. The Committee notes that the Government’s report indicates an example of the employer retaining considerable control over a migrant worker, since during the probationary period, an employer can choose to repatriate the worker if he or she is not considered suitable, place the person on a second probationary period, or decrease the worker’s wages. Although the latter two options can only be done with the agreement of the worker, the worker is likely to be in the weaker position, therefore, he or she may in essence be forced to accept the lower conditions in order to avoid repatriation. The Committee also notes the Government’s indication that there have been no complaints filed by migrant workers.

8. The Committee notes the findings of the High-level mission confirming the continued use of the foreign sponsorship system, and the difficulty for migrant workers to change employers. The mission also concluded that there seemed to be a general lack of information and awareness regarding the situation of migrant workers. The Committee notes that a pamphlet for foreign workers has been prepared, which was disseminated to relevant embassies, and is now being revised to reflect the rights and obligations pursuant to the new Labour Code, and that a new Department of Expatriate Labour has been established within the Ministry of Labour. As noted above, a regulation on domestic workers and workers of a similar category has been drafted by the Ministry of Labour, and is awaiting final approval. The Committee hopes that the regulation on domestic workers, which is awaiting adoption, will include specific provisions prohibiting discrimination on all the grounds enumerated in the Convention, and address the issues of exploitation of these workers. It also urges the Government to implement the recommendations of the High-level mission: to launch an investigation into the foreign sponsorship system to examine the allegations of abuse raised before the Committee of Experts; to follow up in a concerted manner issues relating to discrimination of migrant workers, including examining the occupations in which migrant workers are employed, their conditions of employment, and in particular the situation of female domestic workers; and to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination on the ground of religion

9. The Committee recalls its previous observation requesting information on whether job advertisements still include references to religion, and measures taken to address religious discrimination. The Committee also notes that the ICFTU provides examples of serious cases of religious discrimination. The Committee notes the information provided by the Government regarding the provisions of the Publications and Publishing Act, 2000 and a government memorandum relating to advertisements. The Committee also notes the findings of the High-level mission that with respect to discrimination on grounds other than sex, particularly migrant workers on the basis of race, religion and national extraction, there was little awareness or acknowledgement that such discrimination existed. Noting that it appears that job advertisements making reference to religion are not permitted, the Committee requests the Government to provide information regarding the measures taken to ensure that such a requirement is not imposed in practice. Noting that religious discrimination in employment and occupation appears to be occurring in practice, the Committee encourages the Government to address this matter in the national equality policy, and take concrete measures to address such discrimination. Please keep the Committee informed of any progress in this regard, including any studies commissioned, awareness raising undertaken, and enforcement measures.

Dispute resolution and human rights mechanisms

10. The Committee has stressed in previous comments the importance of effective mechanisms to address discrimination and provide effective remedies and enforcement. The Conference Committee emphasized that the national equality policy needs to include effective mechanisms to address existing discrimination, including remedies for men and women migrant workers. The Committee notes that the High-level mission concluded that “there is a lack of effective inspection, complaints mechanisms and enforcement for issues of discrimination”. The weaknesses identified were linked to physical access, since the dispute resolution bodies are based only in the capital, as well as to a lack of awareness among judges and members of the commissions of issues related to discrimination. There are also no women on the commissions or in the courts. The mission also concluded that the Human Rights Commission could provide an important mechanism for addressing complaints of discrimination in a timely and effective manner, and promoting equality without reinforcing stereotypes, but as a new institution, it was still at the stage of defining its role and means of action. The Committee encourages the Government to take measures to ensure that those involved in dispute resolution and enforcement, including labour inspectors, labour dispute commissioners, judges and members of the Human Rights Commission, receive appropriate training regarding non-discrimination and equality issues, and to provide information regarding any progress in this regard. The Committee also requests information on any complaints brought before labour inspectors, labour dispute commissioners, the Human Rights Commission or the courts regarding discrimination in employment and occupation, and the outcome thereof. Please also provide information regarding the awareness-raising activities of the Human Rights Commission with respect to equality and non-discrimination.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in the working environment does not exist in Saudi Arabia, and that there have been no cases of sexual harassment in workplaces that include both sexes. The Government also indicates that it will transmit to the ILO any new developments in this regard. It is the Committee’s experience that a lack of information on sexual harassment normally indicates a lack of awareness that it is an offence and that its practice should be prohibited. The Committee recalls its 2002 general observation in which it had, in view of the gravity and serious repercussions of this practice, urged governments to take appropriate measures to prohibit sexual harassment in employment and occupation. Considering the concerns expressed in its current observation regarding the allegations of sexual harassment and sexual abuse of female migrant domestic workers, the Committee asks the Government to consider adopting legislation to define and prohibit explicitly sexual harassment as a form of sex discrimination. Please provide information on the measures taken to address sexual harassment of domestic workers, including migrant domestic workers, and on the number of complaints received from and remedies provided to migrant domestic workers who have suffered from sexual harassment.

2. Discrimination based on sex. The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform, and the related review of section 160 of the Labour Code with respect to this matter. Noting that the Government will notify the Committee of any measures taken or other new developments on this subject, the Committee hopes that the Government will soon be in a position to report on the outcome of the review of section 160 of the Labour Code and of the Ministerial Order, which it hopes will also take account of its comments raised in previous direct requests.

3. Article 3(b). Educational programmes to promote gender equality. In its previous observation, the Committee had asked the Government to explain the meaning of the criterion "social situation" as regards registration in vocational schools and training centres. The Committee notes the Government’s explanations that "social situation" means the customs, traditions and values that exist in society. The Government refers in this regard to the report entitled "Management of transitional labour markets" of July 2003, which highlights the decreasing numbers of women in the labour market due to traditional family values. Noting the Government’s statement that it is taking measures to resolve this issue in a gradual manner, the Committee requests the Government to provide information on the measures taken to change mentalities of the general society on stereotypes on the roles of men and women in society and the labour market, and on their impact on participation of women in the labour market.

4. Article 3(e). Women’s access to vocational training. Further to its observation, the Committee notes the aims set out under the Human Resources Development Fund with respect to training the national workforce and its mobilization in the private sector, and asks the Government to provide information on the measures taken to promote equal access of men and women to these training courses, including on-the-job training, provided under the Fund. Noting that the number of beneficiaries from the training and jobs programmes reached 23,000 by the end of 2003 and that the private sector is opening up a larger number of fields in which women can work, the Committee asks the Government to indicate the number of men and of women participating in the training courses, the number of men and of women running private sector enterprises and the nature of the new areas of employment offered to women. Further in this regard, the Committee notes the adoption of the Order of 21 July 2002 approving women’s participation in international conferences suitable to them. The Committee asks the Government to clarify the meaning of "suitable to them".

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2004 and the Government’s reply, received on 18 November 2004, concerning discrimination against male and female migrant workers on the basis of religion, race, sex and nationality. The Committee notes that some of the issues raised by the ICFTU concern the modalities of the foreign labour sponsorship system and abuses by recruitment agencies which are beyond the scope of Convention No. 111. With respect to the allegations made by the ICFTU with regard to the alleged widespread practice of forced confinement and slavery conditions of many women migrant workers, the Committee refers to its comments in its 2003 observation under Convention No. 29.

Discrimination against migrant workers on the basis of race, religion and sex

2. The Committee notes that the ICFTU has alleged substantial discrimination against migrant workers on the basis of race, religion, sex and nationality. The Committee recalls that nationality is not one of the grounds of discrimination formally prohibited by Convention No. 111, but that migrant workers are nonetheless protected by the instrument in so far as they are victims of discrimination in employment and occupation on the basis of one or more of the prohibited grounds of discrimination in the Convention, including religion, race or sex (see paragraph 17 of the 1988 General Survey on equality in employment and occupation).

3. Articles 1 and 2 of the Convention. Religious discrimination. The Committee notes the comments by the ICFTU that migrant workers who are not Muslim must refrain from public display of religious symbols such as Christian crosses or the Hindu tilaka. The ICFTU further maintains that although discrimination against Hindus appears to have eased somewhat as job advertisements in newspapers no longer request applications from Muslims and Christians only, religious discrimination continues to exist, either directly when job advertisements exclude members of certain religious groups from applying, or indirectly, by preventing migrant workers from exercising their religion openly, which could deter applicants. The Committee notes the Government’s reply that there is no discrimination of any kind in occupation or employment and that the Code on Labour and Workers includes the concept of non-discrimination as it does not deal with a worker’s religion, political views, race or national origin and defines a worker as being a person, regardless of his or her beliefs. The Committee requests the Government to state whether job advertisements in fact still include references to religion, and to provide information on the measures taken or envisaged to address the perception of religious discrimination, both direct and indirect, in all its forms.

4. Discrimination based on race and national extraction. The Committee notes that the ICFTU refers to the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/62/CO/8) about allegations of substantial racial prejudice against migrant workers, in particular those coming from Asia and Africa. In this regard, the ICFTU states that although the labour law protects nationals and non-nationals against performing work to which they have not agreed and protects them from abuse by their employer, including contract violations, physical abuse, providing misleading information and unfair treatment, employers of low-paid migrant workers widely disregard these provisions. In the same context, the Committee notes the statement made by the ICFTU that the labour sponsorship system entails a heavy dependency of the migrant worker on his or her employer and allows employers to exert disproportionate pressure on a worker. According to the ICFTU, this has a negative impact on the conditions of work of migrant workers as employers have forced migrant women and men to work excess hours without overtime pay or days of rest. Many employers are said to violate the provisions of the labour law, sometimes resulting in gross exploitation of migrant workers, such as reducing wages illegally and withholding vacation days and accumulated unpaid wages and benefits from their employees. The ICFTU further alleges that the migrant worker’s heavy dependency on the employer also inhibits access to the complaint mechanisms of the Labour Disputes Department.

5. The Committee notes that the Government states that there is no discrimination in any form in any of the regulations in force and that there are special regulations governing the relationship between an employer and a migrant worker by virtue of the Council of Ministers Order No. 166 of 12/7/1421. As for the alleged reduction of wages, the Government states that if indeed such practice exists, it would be a blatant violation of the existing regulations and punishable by law. However, the Government indicates that some workers may see their wages diminish because of a distortion resulting from mediating offices in countries sending these workers, because wrong information is given on the exact amount of the wages. The Government is currently discussing the issue with all the concerned embassies and has requested their collaboration to address the issue.

6. The Committee notes the Government’s statement that the allegations are too general and that if there are a few cases, this cannot be taken to be a general practice. The Government maintains that the accuracy of this statement is substantiated by the fact that foreign workers continue to come to Saudi Arabia for work. The Government further reiterates its previous statements that the Islamic Shari’a is the Constitution of the Kingdom and that its principles of dignity and the prohibition of injustice in all its forms provide for justice and equality. The Committee expresses concern, given the seriousness of the allegations, that the modalities of the foreign labour sponsorship system, especially the possibility for employers to exert disproportionate power on migrant workers, may lead to discrimination against migrant workers on the basis of race and national extraction with respect to their conditions of work.

7. In its previous observation, the Committee had 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 on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin in respect thereof. It has also pointed to the importance of taking measures to address discrimination, both direct and indirect, in all its forms and requested the Government to take the necessary steps to ensure that the principles of the Convention in respect of promoting equality in employment and occupation on all the grounds listed in Article 1(1)(a) are fully applied, including the grounds of religion, political opinion, race and national extraction. The Committee finds no indication from the Government’s report that any such measures have been taken. It urges the Government to ensure that all workers, including migrant workers, are protected against discrimination on all the grounds prohibited in Article 1(1)(a) of the Convention and 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, which applies to all workers, including male and female migrant workers. It requests the Government in addition to carry out a detailed examination of the situation of migrant workers with a view to determining the situation in practice with regard to allegations of discrimination on the grounds of race and national extraction.

8. Discrimination based on sex. The Committee notes the statement by the ICFTU that migrant domestic workers have no protection under the labour law and are particularly vulnerable to exploitation and summary dismissals. Women are particularly affected, as a large majority of these workers are female. At least 1 million women from Sri Lanka, the Philippines and Indonesia are working legally in some of the lowest paid jobs and an overwhelming majority of them are domestic workers. Small numbers of women from Africa and other Asian countries are also employed in low status jobs. The ICFTU maintains that sex-based discrimination is a serious problem in Saudi Arabia and that there is a general pattern of discrimination and abuse of women migrant workers, including forced confinement, sexual harassment, sexual abuse and rape. In addition to complaints related to long hours of work, unpaid salaries, denial of benefits and intimidation from employers, the ICFTU states that many domestic workers share additional hardships, due to their isolated working environment. The ICFTU also claims that the rights of women migrants are further compromised by the prevailing gender segregation, restrictions on freedom of expression and movement, and gender bias in the judicial system.

9. The Committee notes that the Government states, in reply, that domestic workers who live among Saudi families are in a position of security because of the care and attention paid to them by their treatment as members of the family. The Government also reiterates that it endeavours to protect the rights and dignity of all persons who live on its territory and to provide them with justice and equality. Considering the seriousness of the allegations made by the ICFTU with respect to female migrant domestic workers of African and Asian origin, the Committee requests the Government to provide information on the measures taken to ensure that these workers are protected in law and practice against abusive and discriminatory treatment in their living and working conditions.

10. Enforcement. The Committee notes the statement provided by the ICFTU that although progress has been achieved in filing complaints, enforcement remains a problem with respect to complaints submitted by migrant workers. The ICFTU refers in particular to the inability or reluctance of Saudi authorities to enforce judgements against employers of migrant workers and to the fact that the overwhelming majority of migrant workers, many of them women, have no knowledge of the relevant enforcement bodies, and no opportunity to access them or be informed of their rights. The Committee asks the Government to provide information on the measures taken or envisaged to inform migrant workers of their rights, to improve their access to the courts and other relevant bodies and to ensure the effective enforcement of judicial decisions regarding their complaints. Please also provide information on the number of complaints of discrimination based on race and sex received from male and female migrant workers and the remedies provided to these workers.

Equality of opportunity and treatment between men and women

11. Occupational segregation by sex. For a number of years, the Committee has expressed concern that 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", might result in de facto occupational segregation on the basis of sex. The Committee notes the Government’s statement that a new draft Labour Code is still under examination in the Shoura Council. It hopes that the draft Code will be adopted soon and that it will take into account the requirements of the Convention and the Committee’s comments with regard to the possibility of extending women’s occupational and employment opportunities into prohibited areas.

12. Further in this context, the Committee had earlier noted the Government’s statements that the application of section 160 did not result in de facto segregation on the basis of sex because women have access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Consequently, the Committee had encouraged the Government to make every effort to provide statistical data on the distribution of men and women in the different jobs and occupations and at the different levels in the public service. The Committee notes the Government’s statement that it is paying great attention to increasing the opportunities and fields for women’s employment and that women have been promoted into state jobs, including higher positions, over the past few years. It is clear from the information provided, however, that the practice of keeping women separate from men in the workplace persists. The Committee notes from the statistics provided on the Saudi employees employed by the State in 2002-03, that men and women are employed in equal numbers in the education sector but that no women are employed as judges, state prosecutors and legal investigators. The Committee asks the Government to indicate the reasons for the non-appointment of women judges, legal investigators and prosecutors and the measures taken to promote their access into these occupations. Noting further the Government’s indication that the relevant information and statistics on the distribution of men and women employed in the civil service at grades 13 or higher, and on the distribution of men and women in the different jobs and occupations, will be communicated once they are made available, the Committee hopes that the Government will very soon be in a position to provide such information in its report.

13. Article 3(e). Access of women to vocational training and education. The Committee notes from the statistics provided by the Government that the educational and training courses and programmes for women mainly concern teaching, home economics, secretarial skills, computer skills, administration and finance, librarianship, interior design, dressmaking, and food and packaging. While appreciating that the number of women enrolled in vocational training programmes has increased, the Committee must observe that many of these courses offered to women continue to be in fields considered as being traditionally feminine. Noting that no information is provided on the number of women who have enrolled in the abovementioned courses and who have subsequently been employed, the Committee requests the Government to indicate the measures taken in regard to career guidance and placement services targeting women having undergone this training.

14. Further to the above, the Committee notes that in reply to its previous request for information on the implementation of a national policy on non-discrimination in vocational education and training, the Government indicates that it has made some efforts to provide more educational and training opportunities for women. It notes in particular: (a) the adoption of Order No. 63 of 2004 of the Council of Ministers on procedures relating to the determination of curricula and educational inputs for girls; (b) the adoption of Order No. 120/12 of 2004 on increasing the opportunities and areas of work of Saudi women and promoting their training opportunities through the Human Resource Development Fund; (c) the decision to expand the fields of training and education abroad for Saudi women so that it covers all specializations, including engineering; (d) the opening of a women’s university and the Government’s intention to examine the possibility of opening more universities for women; (e) the adoption of procedures that guarantee increasing job opportunities for women; and (f) the establishment of a national committee specialized in women’s affairs. The Committee welcomes these measures and asks the Government to provide information in its next report on how they have contributed in practice in providing more diversified training and education to women and have promoted their subsequent access to a wider range of occupations in the public and private sectors. Please also provide specific information on the activities of the newly established committee on women’s affairs with respect to the application of the Convention.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform. In this regard, the Committee recalls once again that protective measures for the employment of women, such as those contained in Ministerial Order No. 326, should be reviewed periodically in light of current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance. The Committee notes from the Government’s reply to its previous direct request that such a review has not yet been carried out, the reason for this being that the current measures were still considered adequate. However, the Committee also notes from the Government’s report that section 160 of the Labour Code is currently being examined by the competent authorities in respect to the jobs and occupations from which women are excluded. The Committee therefore hopes that this review will also take account of its comments and that a review of the Ministerial Order will follow in due course.

2. The Committee reiterates its request for information on the distribution of men and women employed in the civil service at grades 13 or higher, as well as on any measures taken to promote women’s access to the higher grades in the civil service. In addition to previously requested information regarding the distribution of men and women in the different jobs and occupations, the Committee also would like to receive information on the respective levels of income of men and women in these jobs and occupations.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the report of the Government. The Committee also notes the communication from the International Confederation of Arab Trade Unions (ICATU) concerning the application of Convention No. 111 and the comments provided by the Government in reply, both of which were similar to those made last year. The Committee recalls that attention was previously drawn to issues concerning the existence of discrimination between men and women, ethnic groups, nationalities, races and religions.

2. The Committee has previously noted 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 and colour. The Committee has 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 on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin in respect thereof. The Committee recalls that the national policy is to be declared and pursued in respect of access to vocational training, access to employment and to particular occupations, as well as terms and conditions of employment.

3. The Committee’s dialogue with the Government has focused for a number of years primarily on 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 the issue of access of Saudi women to education and vocational training for occupations not traditionally deemed to be "feminine" in nature. More recently, the Committee requested the Government to provide information on the 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.

4. As regards section 160 of the Labour Code, the Committee has observed that this provision may result in de facto occupational segregation on the basis of sex. The Committee thus welcomes the information provided by the Government that the competent authority is currently examining section 160. It hopes that the examination will take into account the requirements of the Convention and the Committee’s comments over the years concerning the impact of this section. It also hopes that the examination will result in the legislation and practice being brought into conformity with the Convention.

5. The Committee further notes the Government’s information that section 160 has not impeded women’s access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Similarly, the Government states in its latest report that the application of section 160 does not result in de facto occupational segregation on the basis of sex. The Committee notes that the Government is unfortunately not yet in a position to provide statistical data on the distribution of men and women in the various jobs and occupations and at the different levels of the civil service. The Committee encourages the Government to make every effort to provide statistical data on the distribution of women in the different jobs and occupations and at the different levels in the civil service and to keep the Committee informed on the process of examining the provisions of section 160 precluding women from certain areas of employment, as to extend women’s occupational and employment possibilities into precluded areas in conformity with the Convention.

6. The Committee notes the Government’s statement that there is a national policy that deals with the promotion and development of vocational training infrastructure with a view to train both men and women in order to obtain adequate jobs without any kind of discrimination. The Government states that schools and training centres are open to registration by participants of both sexes according to their social situation. In its previous reports the Government had indicated its intent to increase the capacities of existing training facilities for women as well as to inaugurate new centres and introduce new areas of specialization. The Committee requested the Government most recently to supply information on all measures taken to implement the national policy on non-discrimination in vocational education and training. Noting that no specific information in this regard has been provided, the Committee hopes that the Government will do its utmost to provide this information in its next report. The Government is also asked to explain the meaning of the criterion "social situation" as regards registration in vocational schools and training centres and to continue to provide statistical information on the participation of women in all areas of training provided. Noting again that the number of women participating in education and training is not reflected in the workforce, the Committee reiterates its request to the Government to submit information on measures taken in regard to career guidance and placement services.

7. Concerning the prohibition of discrimination on the grounds of religion, political opinion, race and national extraction, the Committee notes that the Government refers generally "to the sacred position given to the principles of equality and non-discrimination in national practice". The Committee also notes from the report that the Government did not take any specific measures to prohibit discrimination on these grounds. The Committee points out the importance of taking measures to address discrimination, both direct and indirect, in all its forms and hopes that the Government will take the necessary steps to ensure that the principles of the Convention in respect of promoting equality on all the grounds listed in Article 1(1)(a) are fully applied. It requests the Government to provide information in its next report on measures taken or envisaged in this regard.

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

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

1.  The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform. In this regard, the Committee recalls that protective measures for the employment of women, such as those contained in Ministerial Order No. 326, should be reviewed periodically in light of current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance. The Committee therefore repeats its request that the Government keep it informed of any such review, and its findings.

2.  In previous comments, the Committee had requested the Government to provide information, including statistical data, on the distribution of men and women in the different occupations and at the different levels of the civil service. In addition, the Committee would appreciate receiving information on the distribution of men and women employed in the civil service at grades 13 or higher, as well as on any measures taken to promote women’s access to the higher grades in the civil service.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous direct request concerning the application of Ministerial Order No. 326 of 1993 to determine the hazardous occupations and activities which women may not perform under the Labour Code, the Committee notes from the Government's report that insufficient time has elapsed since the application of the Decree to warrant reconsideration of the occupations specified therein. The Government points out that the Ministry of Labour has not received any information confirming scientific developments relevant to the listed occupations or related means of protection in working conditions, so does not consider it necessary to revise them for the time being. It states that this does not, however, preclude revision of the protective measures if the need arises in the future. Recalling its approach to protective measures set out in Chapter III of its 1988 General Survey on equality in employment and occupation, namely that such measures should be reviewed periodically in the light of advances in scientific knowledge and technology applying to such occupations, the Committee trusts that the Government, if and when revisions take place, will inform it of them in future reports.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee's dialogue with the Government concerning the application of this Convention has centred on: (a) section 160 of the Labour Code, under which "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 women to vocational training for occupations which are not traditionally "feminine". While noting in its previous comments the Government's statements concerning the application of the Convention through Islamic law, the Shari'a, the Committee had pointed out that Article 2 of the Convention requires that each member State for which the Convention is in force declare and pursue a national policy to eliminate any discrimination based on, inter alia, sex in employment using methods appropriate to national conditions and practice. The Government described the social conditions which formed the background of section 160, explaining that it had no discriminatory intent and merely reflects the social behaviour by emphasizing that employers must obey traditions. The Government also replied that workers of both sexes are trained side by side in a variety of activities, many of which are not considered to be traditionally "feminine".

2. Regarding the training issue, in its latest report the Government stresses that Saudi women are convinced that their primary duty is to be wives and mothers, bringing up their children and looking after their homes, and that this benefits the family materially and educationally since most women have no financial need to work outside their home. The Government supplies examples, in addition to those given in previous reports, of occupations for which training is carried out with no discrimination on the basis of sex and supplies 1990 statistics on the numbers of men and women trained to become primary and intermediate-level schoolteachers (14,138 women and 12,406 men) and health rehabilitation professionals (57.5 per cent of trainees are women). It also provides 1994-95 data on the number of male/female university enrolments, where more women than men have chosen education faculties and natural sciences, the numbers being almost equal in the humanities. At the postgraduate level (total students numbering 7,006 of which 2,167 are women), male students outnumber females in all specialities except education and teaching and the humanities. At the level of vocational training institutes, the Government points out that 22 centres are training 1,480 girls in dressmaking and states that the competent authorities are keen to increase the centres' capacities. It is hoped that new training centres will be inaugurated with new areas of specialization. The Committee welcomes these data on the choice of training available to women and girls. The Committee recalls that it has been following up this issue not in an effort to redirect persons of one sex or the other into training they might not wish; the dialogue has been aimed, rather, at ensuring that, in accordance with the requirements of the Convention, both sexes have the right to choose in this domain, and that while no legislative restrictions impede free access to training for different occupations, the practice respects the legislative framework. The Committee stands assured by the Government of its seriousness in applying the national policy on non-discriminatory education and training.

3. Regarding section 160 of the Labour Code, which prohibits co-mingling of men and women in the workplace, the Committee notes the Government's re-affirmation that there is no discrimination on the basis of sex in practice and that the various sectors of work are open to Saudi women without being limited to certain traditionally feminine occupations or indeed to any specified occupation. According to the Government, they have entered many fields alongside men, such as in commerce, industry, education, medicine and related occupations, pharmacy and hospital management, and the audiovisual field. The Committee welcomes these statements concerning the practice in the country. It recalls that it has stated in past observations that the requirement in the legislation may result in occupational segregation according to sex if it limits women in fact to professions which are deemed suitable to their nature, or if it limits their access to certain professions. Noting that the latest information from the Government on the labour market indicates that the legislative ban on co-mingling has not hindered women's access to various occupations as they wish, the Committee requests the Government to continue to inform it of the jobs that women actually do in spite of section 160. It would be particularly interested in receiving data reflecting the number and level of women in the civil service, particularly in high-level grades, which the Committee had been seeking in previous direct requests.

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

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the information supplied by the Government in its report concerning the application of Ministerial Order No. 326 of 1993 to determine the hazardous occupations and activities which women may not perform, in accordance with section 160 of the Labour Code. The Committee notes in particular that work is prohibited in these dangerous and harmful industries whether the exposure is direct or indirect. The Committee draws the Government's attention to paragraph 144 of its 1988 General Survey on equality in employment and occupation, which deals with the legitimacy of protecting women workers against the biological risks which they face as women. The Committee is sensitive to the needs of different countries when examining special measures of protection of women; its position as set out in Chapter III of the above-mentioned General Survey echoes that of the International Labour Conference in its 1975 Declaration on Equality of Opportunity and Treatment for Women Workers, namely that protection should aim at improvement of the conditions of all employees and special measures for women should be taken only for work proved to be potentially prejudicial to reproduction, and that such measures should be reviewed periodically in the light of advances in scientific knowledge. The Committee would therefore ask the Government whether the long list of jobs which are considered in Ministerial Order No. 26 to be too dangerous to be performed by women, might be reviewed, so that it does not unduly restrict equal opportunity for women in access to these occupations and trades.

2. With regard to women's employment in the public sector, the Committee notes the Government's rectification of the translation of the situations reflected in the previous direct request. The Civil Service Code provides that promotion must proceed in accordance with the rules on occupational classification and that promotion beyond grade 13 for both sexes is subject to an order of the Council of Ministers. Noting that the Government again states that there are actually women occupying posts above this high-ranking grade, the Committee would ask it to supply the number of women in such positions and their proportion compared to the number of men in high-level civil service posts. In this respect the Committee considers that it would be useful if the Government would supply copies of any national report on the situation of Saudi women that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

3. Regarding equality of opportunity and treatment, and the actual employment situation of Shiite Muslims, the Government refers the Committee to its report of June 1994, in which it denies any discrimination against minority groups on the basis of religion or race. According to that report, Shari'a law and Royal Decree No. A/90 uphold the principle of equality without any discrimination. The Committee welcomes this restatement of the national policy of non-discrimination in this respect, and asks the Government to provide information in future reports on any measures under consideration or being continued to pursue that policy, including, for example, statistics on the labour market participation of workers of different minorities.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee takes due note of Ministerial Order No. 326 of 21 January 1993 determining the hazardous occupations and activities which women may not perform, in accordance with section 160 of the Labour Code. The Committee would be grateful if the Government would indicate to what extent women are able to work in the industries or sectors listed in section 1(7) of the Order in jobs where they would not be directly exposed to the prohibited substances.

2. With regard to the public sector, the Committee notes the Government's statement that women can be promoted to high grades, but not exceeding grade 13, and that some of them hold posts at this level. The Committee asks the Government to indicate the number of women in such positions and the measures taken or envisaged to encourage their professional development and promote their advancement in this sector.

3. Further to its previous comments, the Committee asks the Government once again to indicate how it applies the principles of the Convention to Shiite Muslims who are citizens of Saudi Arabia, particularly as regards access to employment and career advancement.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the Government's report in reply to its previous observation.

2. The Committee recalls that the International Confederation of Arab Trade Unions (ICATU) had communicated observations in March 1993, transmitting comments on the observance of the Convention, as outlined in the Committee's previous observation. The Committee notes that the Government again questions the source of the information transmitted by ICATU. The Committee notes that the Government has not given a direct reply in the context of the ICATU communication. However, the same issues are dealt with more generally in the Government's report and in the Committee's previous examination of the Convention's application.

3. The Committee recalls its continuing dialogue with the Government, in relation to this and other Conventions, based on the Government's position that the application of Islamic law, known as Shari'a, is sufficient to guarantee the observance of the Convention. The Government has acknowledged, in its most recent report, that this position may cause some confusion, as different Islamic countries apply the Shari'a in different ways on secondary issues, though they do not differ as to what are the legitimately established pillars and foundations of Islam.

4. The Committee has noted with interest the detailed explanations provided by the Government. Two specific issues have been the focus of discussion. The first is section 160 of the Labour Code, under which "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto". The second question, closely related to the first, concerns access of women to vocational training for occupations which are not traditionally "feminine".

5. The Government emphasizes in its report that Shari'a cannot be changed or replaced, and that it is above statutory law. It has asked the Committee to refrain from dealing with matters of a political or religious nature.

6. The Committee stresses that the Convention, while providing that the obligation to promote equality of opportunity and treatment in employment and occupation must be carried out "by methods appropriate to national conditions and practice", requires that each Member for which it is in force declare and pursue a national policy to eliminate any discrimination in this respect based on race, colour, sex, religion, political opinion, national extraction or social origin (Article 2 of the Convention). It is in this context, and in accordance with its mandate and mission (as revised by the 103rd Session of the Governing Body (1947) and restated in the Committee's 1987 General Report), that the Committee noted in its previous observation that the prohibition of men and women being together at the workplace results in practice in occupational segregation according to sex since it restricts women to jobs where they will be in contact only with other women, and which are deemed to be suitable to their nature and not contrary to current traditions.

7. The Committee requests the Government again to take the necessary measures to give full effect to the Convention.

8. The Committee is addressing a request directly to the Government on a certain number of other points.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee's dialogue with the Government concerning the application of this Convention has centred on two specific issues. The first is section 160 of the Labour Code, under which "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto". The second question, closely linked to the first, concerns access of women to vocational training for occupations which are not traditionally "feminine".

2. While noting the Government's statements concerning the application of the Convention through Islamic law, the Shari'a, the Committee had pointed out in its previous comments that Article 2 of the Convention requires that each Member for which the Convention is in force declare and pursue a national policy to eliminate any discrimination based on, inter alia, sex in employment using "methods appropriate to national conditions and practice". The Committee accordingly requested the Government to take the necessary measures to give full effect to the Convention.

3. The Government states that its previous reports reflect the measures taken to give effect to the Convention and that no further legislative measures have been taken. The Government explains, in its most recent report, that section 160 does not regulate equal opportunities in employment or equal rights, but is rather a measure which is derived from rules of conduct applied by Saudi society more generally. The ban on co-mingling is not restricted to the workplace. It is a principle related to a religious matter, dictated by the provisions of the Shari'a (which constitutes the Constitution of the country) to protect the dignity of working women and protect morals. Such co-mingling is also prohibited, for example, in places of worship. The Government states that, according to the definition of "discrimination" in Article 1, paragraph 1(a), of the Convention, section 160 cannot amount to discrimination, since it does not provide for men to be given preference over women, or for women to be left out so as to give men job opportunities or special treatment in employment and occupation. The Government states that the Labour Code contains no discriminatory provisions whatsoever, and on the contrary devotes a special chapter to women's employment in order to give them more privileges and protection as required by their nature and abilities. The Government states that if women willingly refuse to perform jobs or occupations which make them mix with men, it is because of their deep belief in their religion. Noting that the Convention stresses the importance of taking account of national conditions and practice, the Government states that it is not correct to say that section 160 restricts women to occupations where they will be in contact only with other women: it stems from the societal ban based on the traditions of Saudi society whereby the members of both sexes work in freely chosen occupations after having chosen to obey this prohibition on co-mingling. Section 160 merely reflects the social behaviour by emphasizing that employers must obey traditions.

4. On the second issue, the Government states that its concern with education and training extends to the workforce in general, both men and women, taking account of the fact that Saudi women have a particular opinion about working outside their home. Workers of both sexes are trained side by side in a variety of activities: pedagogical; health care, including laboratory and secretarial work; hospital management; statistics and planning. These occupations, according to the Government "are not considered traditionally feminine'".

5. The Committee notes with interest the Government's explanation of the origin of section 160. The Committee points out that it is not necessary for measures to have a discriminatory intent for them to be in contradiction with the Convention. The Committee observes that the impact of this section of the Labour Code on the working conditions of women does fall within the definition of discrimination on the basis of sex contained in the Convention. The Committee considers that the requirement in the legislation may result in occupational segregation according to sex if it limits women in fact to professions which are deemed to be suitable for their nature, or if it limits their access to certain professions. In the present case, the Committee notes also that the legislative provision in question codifies in law behaviour which the Government says is voluntary. The Committee accordingly trusts that the Government's future reports will inform it of developments in workplace legislation and practice that give full effect to the Convention's requirements concerning equal opportunities between the sexes with particular attention to the opportunities that women enjoy in practice.

6. Likewise, the Committee notes the Government's commitment to vocational training for the workforce in general, covering both men and women. It would however appreciate receiving more information on the impact of the Government's statement that women's training "takes account of the fact that Saudi women have a particular opinion about working outside their home". The Committee also asks the Government to provide more detailed information on the training provided to women side by side with men, for example, descriptions of training institutes and their courses; and statistics, disaggregated by sex, on the number of students and graduates of these courses.

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

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Regarding the Shiite Muslims, the Committee again requests the Government, in its next report, to reply to the points made in the Committee's previous direct request.

2. The Committee recalls the Government's statement in its 1993 report that the Labour Ministry was about to conclude a study concerning the adoption of a ministerial decree to determine the dangerous occupations and activities which could not be carried out by women and adolescents. The Committee again requests the Government to supply a copy of this decree once it is adopted.

3. The Committee again requests the Government to indicate the measures taken or envisaged to promote the access of women to jobs, in particular in the public service, given the small overall percentage of women employed in this sector, as well as information on their possibilities of being appointed or promoted to posts in the higher categories (for example, above grade 13).

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring to its 1993 observation, the Committee takes note of the statement of the Government representative at the Conference Committee in 1993 and of the discussion that took place. It also notes the observations of the International Confederation of Arab Trade Unions (ICATU) dated 17 March 1993, and the Government's reply according to which it has always respected its constitutional obligations under articles 19 and 22 of the ILO Constitution. It also notes that the Government rejects all ICATU's comments.

1. The Committee notes that ICATU's comments concerned discrimination in employment allegedly suffered by women and minority groups such as Saudi Shiite Muslims. The Committee regrets that the Government did not reply in detail, especially as the Committee has raised questions concerning the Shiite minority in previous direct requests. It would like to receive precise information on the points raised by ICATU.

2. In its previous comments, the Committee had noted the Government's statements that the Convention was respected through the Shariah (which constitutes the fundamental law of the country) because it preached equality and justice. The Committee notes the Government's position, which it repeated before the Conference Committee, according to which a country which has a legal system founded on the Shariah cannot be judged in the same way as a country using positive law. The Committee must recall that, in ratifying the Convention, member States undertake to eliminate all discrimination based on the criteria enumerated in Article 1, paragraph 1(a) of the Convention and to declare and pursue a national policy to promote equality in employment, in conformity with Article 2. The Committee recalls that the Convention leaves to each country the choice of methods which, taking into account the national conditions and practice, will appear to be the most appropriate. The implementation of the aims of the national policy can be gradual, although some obligations apply immediately, such as the elaboration of this policy, the repeal of statutory provisions contrary to this policy, the abolition of discriminatory administrative practices and the requirement to report on the results achieved to this end.

3. Regarding section 160 of the Labour Code, under which "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtances thereto", the Committee notes that the Government representative again referred to the Islamic traditions in force to justify the maintenance of this provision, which the Committee had requested be repealed. It also notes that, according to the Government representative, this prohibited co-mingling at the workplace requirement does not affect equality of opportunity and treatment vis-à-vis women in employment or occupation as it only applies after recruitment. He stated that women had access to employment suited to their nature. The Committee notes that the Government states that this measure cannot be repealed since it derives from current Islamic traditions and that its aim is to protect the honour and virtue of women. The Committee notes once again that section 160 of the Labour Code has the effect of prejudicing equality of opportunity and treatment between men and women and is therefore incompatible with the Convention. The prohibition on men and women being together at the workplace results in occupational segregation according to sex since it restricts women to jobs where they will only be in contact with other women and which are deemed to be suitable to their nature and not contrary to current traditions. The Committee requests the Government to re-examine the situation in the light of the above comments and to inform it, in its next report, of the measures taken in this respect.

4. Regarding vocational training, the Committee recalls that the same approach as that referred to above in point 3 is applied towards women in this area. It recalls that training is the key to promotion of equality of opportunity, and that discrimination carried out in regard to access to training will later be perpetuated and accentuated when it comes to access to employment and occupation. It thus requests the Government to indicate the measures it intends to take to allow women access to vocational training in areas which are not traditionally "feminine" so that women may have the same opportunities as men, in conformity with the Convention. The Committee trusts that the Government will be in a position to supply information on this in its next report. The Committee reminds the Government that the Office is at its disposal for any technical assistance that might help overcome the difficulties in the application of the Convention.

5. The Committee is also addressing a direct request to the Government on a number of points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's reply to its previous direct request to the effect that the information contained in the report by the United States Department of State for 1990 concerning the steps which had allegedly been taken to restrict or exclude workers belonging to the Shi'ite Muslim minority from certain jobs in the administration and in industry, and in particular in the Saudi Aramco Oil Company, are not true, in view of the fact that all individuals are equal in all fields of employment, irrespective of their colour and religion.

The Committee requests the Government to state whether measures have been taken to investigate the above allegations and, in general, any allegation relating to discriminatory situations which may exist in practice.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report in reply to its previous comments.

1. The Committee had requested the Government to supply information on the measures taken in practice to give effect to Islamic law (Sharia) and to guarantee the application of the principle of non-discrimination set out in the Convention. The Committee notes that the Government reiterates its previous statement to the effect that Islamic law represents the Constitution and the basic law of Saudi Arabia, and that the legislation has to be in accordance with its principles, which advocate equality and justice. The Government states that the provisions of the Labour Code are inspired by the above principles and contain no discrimination on grounds of origin, colour, sex or religion.

The Committee wishes to emphasize that, in accordance with Article 3(b), (c), (e) and (f) of the Convention, the Government is bound to enact such legislation and to promote such educational programmes as may be calculated to secure the acceptance and observance of a national policy to promote equality of opportunity and treatment; to pursue the above policy in respect of employment under the direct control of a national authority; to ensure observance of the above policy in the activities of vocational guidance, vocational training and placement services; and to indicate the action taken in pursuance of this policy and the results secured by such action.

2. The Committee notes that, according to the Government's report, the prohibition on mixed workforces laid down in section 160 of the Labour Code, under which "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtances thereto", does not constitute a condition for employment or the determination of occupations and therefore has no relation to or effect upon the rules relating to equality of opportunity in employment and occupation, but is a measure subsequent to recruitment dictated by the traditions in force in Saudi Arabia. The Committee observes that the prohibition on men and women being side by side at the workplace has the effect of prejudicing equality of opportunity and treatment between men and women and is therefore incompatible with the policy provided for by the Convention, since it considerably limits the access of women to employment in practice by permitting their employment only where they are in contact only with other women. This is confirmed by the Government's statement that women are only admitted to occupations which suit their nature and which are not contrary to the traditions in force in the Kingdom or to the teachings of the Islamic religion. The Committee would therefore be grateful if the Government would indicate the measures which have been taken or are envisaged to repeal section 160 of the Labour Code, in accordance with Article 3(c) of the Convention.

3. With regard to the promotion of equality in the field of vocational training, the Committee notes that, according to the report, the Government gives special importance to technical and vocational training for both men and women, but that for women the emphasis is placed on activities which are appropriate to their physical nature and the social and occupational activities which interest them the most, taking into consideration the fact that they consider that their primary function is to be wives and mothers. The Government points out that, when women wish to work, they are only admitted to occupations which are appropriate to their nature and which are not contrary to the traditions and teachings of the Islamic religion. The Government mentions, among the fields in which women receive training, teacher training in preparation for education, training for nursing and other auxiliary health occupations, and sewing. It gives statistics on the numbers of girls and boys undergoing training for the education and health sectors and in sewing.

The Committee refers to paragraph 38 of its 1988 General Survey on Equality in Employment and Occupation in which it refers to archaic and stereotyped concepts with regard to the respective roles of men and women, which are at the origin of types of discrimination based on sex and occupational segregation according to sex which leads to the concentration of men and women in different occupations and sectors of activity. It requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure that girls have access to types of training which lead to occupations and responsibilities which are open to boys, including training for occupations and activities which are not traditionally considered to be feminine. Please state in particular whether women have access to training for the occupations of doctor and magistrate.

4. The Committee notes the Government's statement that the Ministry of Labour is about to complete a study concerning the adoption of a ministerial order to determine the hazardous occupations and activities forbidden to women and young persons. The Committee requests the Government to supply a copy of the above ministerial order as soon as it is adopted.

5. The Committee notes that the Government does not have at its disposal statistics on the respective numbers of men and women in the active population and their distribution by sector and occupation. The Committee observes, nevertheless, that global statistics have been quoted showing the number of women employed in the public administration to be 152,957, representing 22 per cent of all posts. It also notes that, according to the statistics supplied by the Government in its report on Convention No. 100, the percentage of women employed in the public administration varies between 8 per cent (for employees) to 48 per cent (for teachers). The Committee consequently asks the Government to supply information in its next report on the positive measures which have been taken to promote the access of women to employment, and in particular to employment in the public sector, in view of the low overall percentage of women employed in that sector.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has learned, through the country reports on human rights practices for 1990, by the US Department of State, that steps would have been taken to restrict or exclude employment of workers, belonging to the Shiite Muslim minority, from certain jobs in the administration and in industry, in particular at the Aramco oil company. The Committee requests the Government to supply information on this question in its next report, having regard in particular to the provisions of Article 1(a) of the Convention relating to discrimination on the basis of religion.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee takes note of the information supplied by the Government in reply to its previous direct request and, in particular, the information relating to the application of Islamic law (Sharia). In this respect, the Government repeats that the Sharia is the country's basic law and that its principles serve as references when there are gaps in the ordinary legislation, which should be in conformity with the Sharia or will be deemed null and void. In addition, the Government states that the Sharia preaches principles of justice and equality and its precepts must be respected by the authorities, collectivities and individuals. The Government states that because of this any violation of the principle of equality of opportunity and treatment in employment for any of the reasons set out in Article 1, paragraph (a) of the Convention would be a violation of the Sharia, which is unthinkable.

The Committee takes note of this statement. Referring to its previous comments, it again requests the Government to supply information on the measures taken in practice to give effect to Islamic law and to promote, in accordance with Articles 2 and 3 of the Convention, equality of opportunity and treatment in employment and occupation so as to eliminate any discrimination based on the reasons set out in Article 1(a).

2. The Committee requests the Government to indicate the measures taken to promote, by an appropriate national policy, equality between men and women in employment in view of the terms of section 160 of the Labour Code according to which "in no case may men and women commingle in the place of employment or in the accessory facilities or other appurtenances thereto". Please provide statistics on the respective number of men and women in the active population and on their distribution by branch of activities and occupation.

3. As regards the measures taken to promote equality in the field of vocational training, the Committee recalls the information given previously by the Government to the effect that training centres created by the Government are open to all citizens without distinction, in conformity with the Convention, with the requirements of Islamic law and with national customs; this has not impeded the establishment of private training centres involved in the training of women in areas such as nursing, stenography and weaving. The Committee again requests the Government to indicate the number of women who have had access to government-created training centres and their percentage compared with men, as well as the employment for which training was given.

4. As for access to employment and equal working conditions, the Committee recalls the information provided previously by the Government according to which no ministerial order has been adopted to determine occupations or activities forbidden because of their dangerous nature to women, young persons and children and that, because of this fact, the ban remains limited to those jobs listed in section 160 of the Labour Code. The Committee notes that section 160 gives an open-ended list of hazardous operations and harmful industries (such as "power-operated machinery, mines, quarries") and could also be open to usages not in conformity with the aim of the ban provided for in the Labour Code, or with the principle of non-discrimination set out in the Convention. The Committee requests the Government to keep it informed of any measure taken under this provision of the Labour Code.

5. The Committee repeats its previous requests relating to the application of Royal Decree No. 49 of 26 June 1977 (10 Rajab 1397H) on the public service. The Committee would like to have more detailed information on the classification of posts and the objective evaluation of tasks relating to the different categories of public servants set out in sections 2 and 3 of this statute. In addition, the Committee requests the Government to indicate the number of women employed in the public service and their percentage compared with the number of men, and the opportunities for designation and promotion to higher posts (after grade 13, for example) that are available to them.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in reply to its previous comments and its statement that the measures intended to apply Islamic law, which are intended to combat any discrimination between citizens, are based on the fact that any illegal discrimination is considered to be an injustice prohibited by the Koran and the "Sunna" (the sayings and practice of the Prophet) and that the principles of Islamic law are not only moral obligations but have been set down in legal texts so that they can be implemented. The Committee notes this statement and requests the Government to indicate in its next report any positive practical step that has been taken to give effect to Islamic law and also to apply the principle of non-discrimination on the grounds set out in Article 1(a) of the Convention. The Committee would be grateful to be provided, in particular, with details on the results obtained, following these measures, in the field of equality of opportunity and treatment in employment and occupation, as set out in the Convention.

2. In its previous comments, the Committee noted the information supplied by the Government concerning the measures that have been taken to promote vocational training, and it requested the Government to indicate the number of women who have had access to the training centres set up by the Government, their percentage in relation to men, and the jobs for which they have been trained. As the Government's report contains no reply on this point, the Committee is bound to repeat its request and hopes that the next report will contain the information that has been requested.

3. As to access to employment and equal conditions of employment, the Committee notes the Government's indication that no ministerial order has been issued to specify the occupations and activities that are prohibited to women and young persons on the grounds that they are dangerous and that, as a consequence, this prohibition remains confined to the types of work set out in section 160 of the Labour Code. The Committee requests the Government to keep it informed of any changes that may occur in this respect.

4. In its previous comments regarding the conditions of service of the public service (Royal Decree No. 49 of 10 July 1937), the Committee requested fuller information on job classification and the objective appraisal of jobs in respect of the various categories of public servants set out in sections 2 and 3 of the conditions of service. The Committee also requested the Government to indicate the number of women employed in the public administration and their percentage in relation to that of men, and to state how far they are recruited for, or promoted to, posts in the higher grades (from grade 13 up for example). As the Government has not supplied information in reply to these comments, the Committee is bound to repeat its request in the hope that the next report will contain information on the above points.