Abolition of Forced Labour Convention, 1957 (No. 105) - Saudi Arabia (Ratification: 1978)

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

Impact of compulsory prison labour on the application of the Convention. The Committee notes that pursuant to section 16 of the Prison and Detention Act of 1977, the employment of prisoners shall be regulated in accordance with the rules established by the Ministry of Interior in conjunction with the Ministry of Labour and Social Affairs. The Committee also notes that pursuant to sections 16, 20 and 21 to 27 of the Regulations on the Employment of Prisoners in Factories and Projects 2007, prisoners shall join the employment programme upon their consent, and according to their personal choice. The Committee observes however that Regulations on the Employment of Prisoners in Factories apply to prisoners who willingly express their consent to work for private entities. In order to ascertain the voluntary character of prison labour, the Committee requests the Government to indicate the manner in which the work of prisoners is organized within the public penitentiary. Please also provide a copy of the most updated legislation on the prison rules.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

1. Article 1(a) of the Convention. In its earlier comments, the Committee referred to Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply copies of any regulations issued under section 39 of the Decree, concerning obligations of publishers and information media, and particularly provisions with respect to the penalties applicable in the event of violations. It also noted the Government’s repeated indications in its reports that no provisions or regulations had been made under this section.

The Government states in its report that labour inspection continues to focus its attention on the implementation of the above Royal Decree and that no violation in the application of the Decree has been reported so far. The Committee reiterates its hope that, in its future reports, the Government will continue to provide information on practical application of section 39, including information on any penalties imposed for violation of its provisions and on any court decisions defining or illustrating its scope.

2. In its earlier comments, the Committee noted the Government’s statement that there is no general act in the country which would combine the penalties applied in the case of what is considered to be a crime. It also noted the Government’s repeated indication that penalties are provided for in the various regulations to be applied to anyone violating their provisions. The Committee requested the Government to supply copies of these regulations, as well as copies of any rules or regulations governing prison labour. The Committee notes the Government’s assurances that copies of requested regulations will be provided, as soon as they are received from the competent authorities. It again expresses the hope that the Government will not fail to supply the information requested with its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reply to its earlier comments.

1. Article 1(a) of the Convention. The Committee previously noted Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply copies of any regulations issued under section 39 of the Decree, concerning obligations of publishers and information media, and particularly provisions with respect to the penalties applicable in the event of violations. It also noted the Government’s repeated indications in its reports that no provisions or regulations had been made under this section. In its latest report, the Government reiterates that labour inspection focuses its attention and activities on the application of the above Royal Decree and that no violation in the application of the Decree has been reported. The Committee hopes that, in its future reports, the Government will continue to provide information on practical application of section 39, including information on any penalties imposed for violation of its provisions and on any court decisions defining or illustrating its scope.

2. The Committee previously noted the Government’s statement that there is no general act in the country which would combine the penalties applied in the case of what is considered to be a crime. It also noted the Government’s repeated indication that penalties are provided for in the various regulations to be applied to anyone violating their provisions. The Committee requested the Government to supply copies of these regulations, as well as copies of any rules or regulations governing prison labour. In its latest report, the Government confirms its intention to provide copies of requested regulations once they are received from the competent authorities. The Committee hopes that the Government will not fail to supply the information requested in its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 1(a) of the Convention. 1. The Committee previously noted Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply copies of any regulations issued under section 39 of the Decree, concerning obligations of publishers and information media, and particularly provisions respecting the penalties applicable in the event of violations. Having noted the indication in the Government's report of 1994 that no provisions or regulations had been made under section 39 of the Royal Decree, the Committee requested information on practical application of section 39, including information on any penalties imposed for violation of its provisions and on any court decisions defining or illustrating its scope. In the absence of such information in the Government's latest report, the Committee expresses the hope that the Government will not fail to supply the information requested in its next report.

2. The Committee previously noted the Government's statement that there is no general act in the country which would combine the penalties applied in the case of what is considered to be a crime. It has noted the Government's repeated indication that penalties are provided for in the various regulations to be applied to anyone violating their provisions. The Committee reiterates its request to the Government to supply copies of these regulations, as well as copies of any rules or regulations governing prison labour.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1(a) of the Convention. In its earlier comments, the Committee noted Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply the text of any regulations issued under section 39 of the Decree, concerning obligations of publishers and information media, and particularly provisions respecting the penalties applicable in the event of violations. The Committee noted the indication in the Government's report of 1994 that no provisions or regulations had been made under section 39 of the Royal Decree. It would be grateful if the Government would supply, in its next report, information on practical application of section 39, including information on any penalties imposed for violation of its provisions and on any court decisions defining or illustrating its scope.

2. The Committee notes the Government's statement in the report received in September 1997 that there is no general Act in the country which combines the penalties applied in the case of what is considered to be a crime. The Government indicates, however, that penalties are provided for in the various regulations to be applied to anyone violating their provisions. The Committee requests the Government to supply, with its next report, copies of these regulations, as well as copies of any rules or regulations governing prison labour.

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

1. Referring to its previous comments, the Committee notes with interest the Government's indication in its report covering the period ending 30 June 1994 that Royal Decree No. 12/2/23/2639 of 21 June 1956 was repealed by section 210 of the Labour Code enacted on 3 November 1969 in Royal Decree No. M/21.

2. In its previous comments, the Committee noted Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply the text of any regulations issued under section 39 of the Decree, concerning obligations of publishers and information media, and particularly provisions respecting the penalties applicable in the event of violations. The Committee notes the indication in the Government's report that no provisions or regulations have been made under section 39 of the Royal Decree. According to section 2 of the rules concerning the promulgation of this Decree new provisions or regulations will be promulgated only when existing provisions are not in conformity with those of the Basic System of Government provided for in the Decree.

The Committee requests the Government to supply the texts of any rules or regulations which are now in force and which have a bearing on the provision of section 39 of the Decree.

3. The Committee again requests the Government to supply a copy of the Penal Code. The Committee would also ask the Government to supply copies of any rules or regulations governing prison labour.

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

1. With reference to its observation under this Convention, the Committee notes that in its comments the International Confederation of Arab Trade Unions refers to the following texts:

- section 1 of Royal Decree No. 12/2/23/2639 of 21 June 1956, which prohibits, under penalty of imprisonment for one week, all salaried employees and wage-earners working in a subcontracting enterprise and in private establishments engaged in an activity of public utility or undertaking government projects, to leave their work or refuse to perform it, when such a situation is the result of an agreement between three or more such persons. Any person who is convicted of having incited salaried employees and wage-earners, by their acts or words, to stop work is punishable with imprisonment for one year, even if their incitation was without effect or the work stoppage failed. Under the terms of section 2 of the same Decree, the salaried employees and wage-earners in the above enterprises may not participate in a demonstration or strike in support of their claims, under penalty of imprisonment for at least one year, or at least two years for inciting workers to demonstrate or go on strike;

- section 191 of the Penal Code, by virtue of which an employer, the head of a project, a salaried employee or wage-earner who stops work with the intention of exerting pressure on the public authorities or protesting against a decision or an act of those authorities instead of resorting to legitimate means, shall be punished by a prison sentence of from two to six years or a fine of 1,000 riyals or both.

In reply to the comments of the International Confederation of Arab Trade Unions, the Government states that it has always fulfilled its constitutional obligations by supplying the reports required under articles 19 and 22 of the Constitution of the ILO. The Government rejects all the allegations made by the above organization and emphasizes that they relate to old matters, some of which go back nearly 40 years.

The Committee takes due note of these indications. It requests the Government to state whether the above legislative provisions are still in force and, if not, to supply the texts which repealed or amended them.

2. In its previous comments, the Committee noted Royal Decree No. A/90 of 1 March 1992 and requested the Government to supply the text of any regulations issued under section 39 of the above Decree, and particularly provisions respecting the penalties applicable in the event of violations. It also requested the Government to supply the text of the Penal Code and any other relevant text.

The Committee hopes that the Government will supply the texts which it requested, and the text of the Prison Regulations or any other text relating to the question of prison labour.

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

The Committee notes the comments made on 17 March 1993 by the International Confederation of Arab Trade Unions concerning the application of the Convention, and the Government's reply to these comments dated 13 October 1993.

The Committee is addressing a request directly to the Government concerning a number of provisions which prohibit collective activities under penalty of imprisonment.

See observation under Convention No. 29, as follows:

The Committee notes the information supplied by the Government in its report.

The Committee also notes the comments made on 17 March 1993 by the International Confederation of Arab Trade Unions concerning the application of the Convention, and the Government's reply to these comments dated 13 October 1993.

The Committee is addressing a request directly to the Government concerning the allegations made by the Trade Union Confederation concerning the recruitment and sponsorship of foreign workers.

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

Article 1(a) of the Convention. The Committee notes with interest Royal Decree No. A/90 of 1 March 1992.

It notes in particular that section 39 deals with publishers and information media, which shall in particular contribute to the culture of the nation, sustain its unity, avoid any expression which is seditious or such as to jeopardize the security of the State, public relations or the dignity and rights of the people. These provisions are to be developed by regulations.

The Committee requests the Government to supply the text of any regulations issued under section 39, and particularly provisions respecting the penalties applicable in the event of violations. It also requests the Government to supply the text of the Penal Code and any other relevant text.