Worst Forms of Child Labour Convention, 1999 (No. 182) - Saudi Arabia (Ratification: 2001)

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

Articles 3(a) and 7(1) of the Convention. Forced labour of children and penalties. Child begging. The Committee previously noted that pursuant to section 3 of the Regulation on Human Trafficking (2010) a penalty of a maximum sentence of imprisonment of 15 years or a maximum fine of 1 million Saudi Arabian riyals (SAR) (US$266,666) or both is applied, for the crime of child labour for the purpose of begging. The Committee requested the Government to provide information on the application in practice of section 3.

The Committee notes the Government’s reference in its report to the Child Protection Act, 2012, which prohibits all employment of children under 15 years of age. The Committee also notes the Government’s indication that the number of violations reported under section 3 of the Regulation on Human Trafficking reached 23 cases during the first half of 2019 with two prosecutions. The Committee requests the Government to provide information on the measures taken to ensure that thorough investigations and prosecutions of persons who use children for begging are carried out and that effective and dissuasive penalties are applied in practice. The Committee also requests the Government to provide statistical information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the use of child labour for begging.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. Children engaged in begging. In its previous comments, the Committee requested the Government to pursue its efforts to provide appropriate services to children engaged in begging to facilitate their rehabilitation and social integration, and to provide information on the results achieved.

The Committee notes the Government’s indication that, it has taken a series of measures to combat child begging, including the establishment of shelters for child beggars and the realization of a number of studies on this phenomenon in order to better address it. The Government also indicates that 697 Saudi children were provided with health and rehabilitation services between September 2018 and May 2019, whereas, 1,258 foreign children were provided with adequate care in addition to cooperation with their home country for their repatriation, during the same period. The Committee also notes the ongoing two-year ILO Technical Cooperation project “Supporting Ministry of Labour and Social Development in analysis, policy and capacity development” in the country, which will end in 2020. It observes that one of the priorities of the project includes assessing the child labour situation and developing actions for its elimination. According to the project, there is some evidence that child begging is a particularly prevalent form of child labour, both among Saudi and foreign resident children, particularly from Yemen and Ethiopia, and often in connection with trafficking. The Committee requests the Government to continue to provide information on the measures taken to provide appropriate services to children engaged in begging, including information on the number of children removed, rehabilitated and socially integrated. With regard to children engaged in begging who are foreign nationals, the Committee requests the Government to continue to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

Application in practice. The Committee previously requested the Government to take measures to ensure that sufficient data on the worst forms of child labour is made available.

The Committee notes that the ongoing ILO Technical Cooperation project is fostering the development of a statistical database on child labour, as well as the realization of a national child labour survey at a later stage. The Committee encourages the Government to build up a statistical database on child labour, including in its worst forms, and to provide information on the progress made in this regard. The Committee also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of infringements reported, investigations, prosecutions, convictions and penal sanctions.

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

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee previously observed that the Labour Code does not contain a general prohibition of forced labour and that Order No. 1/738 of 4 July 2004 does not explicitly prohibit the forced or compulsory labour of children under 18 years. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the economic and sexual exploitation and ill treatment of young migrant girls employed as domestic servants. The Committee further noted the Government’s indication that the Labour Code and the Child Protection Act, which was approved on 24 December 2012, prohibit all employment of children under 15 years of age. However, the Committee observed that, by virtue of Article 3(a) of the Convention, forced or compulsory labour is considered a worst form of child labour which must be prohibited to all children under 18 years of age.

The Committee notes the Government’s information in its report that the Labour Code has been amended by Royal Decree No. m/24 of 5 June 2015 with respect to taking positive measures to ensure the elimination of all forms of forced or compulsory labour as well as the worst forms of child labour. The Committee also takes due note of the Government’s statement that there is no forced labour of children in domestic work.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee previously noted that draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation, were being examined in the Majilis El Shoura.

The Committee notes with interest the Government’s information that the Child Protection Law was promulgated on 17 November 2014. Section 9 prohibits the sexual exploitation of children and section 3 stipulates that the sexual harassment of a child or his/her exposure to sexual exploitation shall be considered as abuse or neglect. Moreover, the implementing regulation to the Child Protection Law defines the sexual exploitation of a child as the exposure of children to acts of prostitution for remuneration or without remuneration, in a direct or indirect manner. The implementing regulation also provides that relevant bodies shall protect children from any forms of sexual exploitation, including inciting or coercing a child to commit any illicit sexual act, as well as using or exploiting a child in prostitution or in any other illicit sexual practices. Using a child in shows or in prostitution is also prohibited.

Clause (d). Hazardous work. Domestic workers. The Committee previously noted that domestic workers did not benefit from the protection laid down in the Labour Code, and that Ministerial Order No. 2839 of 1 October 2006 on hazardous types of work did not apply to the categories excluded by the Labour Code. However, the Government stated that it paid attention to ensuring that children under the age of 18 years avoid engaging in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee also noted that the Regulation on domestic workers and persons of similar status of 2013 includes provisions stating that employers must not assign domestic workers to perform work other than that agreed in the contract, nor work that is hazardous to health, demeaning, or work for a third party. Employers are further required to ensure that domestic workers enjoy a daily rest period and a day off per week. The Regulation also contains several penalties which are imposed on any person who violates its provisions. 

The Committee takes due note of the Government’s information that the recruitment from abroad of any worker under 18 years of age is prohibited, according to section 15 of the implementing regulations to the Labour Law of 2016. The Committee further notes the Government’s replies to paragraph 12 of the list of issues in relation to the combined third and fourth periodic reports to the Committee on the Rights of the Child (CRC, CRC/C/SAU/Q/3-4/Add.1) that the employment of children in domestic service is not allowed.

Article 5. Monitoring mechanisms and application of the Convention in practice. Trafficking. The Committee previously noted the Government’s indication in its report under Convention No. 29 that, pursuant to Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking (Order No. 244), in 2010–11, 32 sentences were rendered against persons convicted of having committed crimes related to trafficking of persons, involving 51 victims. However, no cases in which children were exposed to human trafficking for the purpose of sexual exploitation were detected.

The Committee notes the Government’s information that the Regulation of A.H. 1431 (A.D. 2010) related to combating human trafficking strengthens the penalty in nine instances, including when the victim is a woman or a child. The Committee also notes that, in 2013, 43 persons (39 men and four women) were convicted of crimes related to human trafficking and 36 victims (34 women and two men) were identified. Among them, 22 cases were related to forced labour, followed by sexual exploitation (19 cases) and begging (one case). In 2014, there were approximately 104 judgments related to human trafficking, compared to 172 judgments in 2015. Yet, the available data does not specify the age category. The Committee also notes that statistics remain a challenge and the Government has undertaken measures to address this issue, including through the transformation of the Public Statistics and Information Unit to the General Authority for Statistics and the establishment of a national information system linked to all public bodies. Noting the measures undertaken by the Government, the Committee requests it to ensure that sufficient data on the worst forms of child labour is made available. It requests the Government to continue providing information on the progress made in this regard, including the number of violations detected, prosecutions, convictions and penalties applied in connection with cases of trafficking of persons under 18 years of age.

Article 7(1). Penalties. Employing children under 18 years as camel jockeys. The Committee previously noted that Royal Decree No. 13000 of 17 April 2002 determines the age of participants in camel jockeying races (18 years). For this purpose, before the race, the competent committees inspect the “jockey card” with a photo of every participant, which is issued after the verification of official documents attesting to their age (national ID, passport or residence permit). Moreover, a camel owner who employed a jockey under 18 years of age to participate in camel racing would not, in the case of winning a race, receive the prize. While the Committee noted the Government’s statement that a camel owner who employed a person under 18 years was punished, whether or not he won the race, it observed that this did not appear to be specified by Royal Decree No. 13000. Moreover, the Committee observed that the penalties provided did not appear to be sufficiently effective and dissuasive.

The Committee notes the Government’s information that there was no infringement detected during any of the officially organized camel jockeying races. The Committee also notes that, with respect to the private races that are not supervised by the National Guard, the Saudi Committee for Camel Races, representing the General Authority of Sports, is responsible for supervision. The Saudi Committee for Camel Races declared the prohibition of using children as jockeys in camel races in 2011 and stopped this practice five years ago. Moreover, robots are now being used to reduce accidents and physical dangers.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. Trafficking of children for labour or sexual exploitation. The Committee previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee also noted that Order No. 244 provided for the assistance to victims of trafficking and the establishment of the Standing Committee to Combat Trafficking in Persons.

The Committee notes the Government’s information that the Standing Committee monitors the conditions of trafficking victims, examines cases of human trafficking crimes and coordinates with other competent bodies on all matters pertaining to human trafficking, including gathering statistics on trafficking victims. The Committee also notes that section 13 of the Child Protection Law of 2014 provides that the participation of children in races, sports and recreational activities which, by their nature or the circumstances in which they are carried out, are likely to harm their health or safety shall be prohibited, such as camel jockeying or a similar activity. The Committee requests the Government to provide information on the number of child victims of trafficking removed and provided with assistance.

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

Articles 3(a) and 7(1) of the Convention. Forced labour of children and penalties. Child begging. The Committee previously noted that the penalties provided in Order No. 1/738 for the offence of hiring children for the purpose of begging were not sufficiently effective and dissuasive. In this regard, the Government stated that a regulation, which aims to ensure the prosecution and conviction of persons who involve children under 18 years in begging, was being examined. The Committee also noted with deep concern that, according to the Government’s information, there were about 83,000 child beggars in the Kingdom. The Committee recalled that, pursuant to Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions.

The Committee notes the Government’s indication in its report that section 3 of the Regulations of A.H. 1431 (A.D. 2010) related to combating human trafficking specifies a penalty of a maximum sentence of imprisonment of 15 years or a maximum fine of 1 million Saudi Arabian riyals (SAR) or both, for the crime of child labour for the purpose of begging. The Committee requests the Government to take the necessary measures to eliminate the using, procuring and offering of children for begging, and to provide information on the application in practice of section 3 of the Regulation related to combating human trafficking, particularly on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the use of child labour for the purpose of begging.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. Children engaged in begging. In its previous comments, the Committee noted that the Ministry of Social Affairs established the Anti-Begging Office. The Committee also noted that the majority of persons involved in begging were foreign nationals, and if found to be undocumented or illegal residents, these children were deported within a period of two weeks from their arrest. Moreover, there was no effort made to distinguish between trafficked and non-trafficked children. The Committee further noted the Government’s indication that an estimated 6,139 children were provided with services through the Centre for Foreign Child Beggars in Mecca, Jeddah and Medina, while 6,072 child victims of begging have been provided with support for their repatriation and family reunification. Moreover, foreign child victims of begging whose parents cannot be identified are also accommodated by the Centre for Foreign Child Beggars, where they received medical, social, and psychological services. However, the Committee observed with concern that the number of child beggars who benefited from support services is low comparatively to the overall number of street children and child beggars in the country (83,000 according to the Government).

The Committee notes the Government’s indication that, through the offices of the Anti-Begging Department, the Ministry of Labour and Social Development plays an active role in combating begging in collaboration with the Standing Committee to Combat Trafficking in Persons. Any identified persons under the age of 18 are sheltered at the Child Sheltering Centres and provided with protection, social, health and psychological care. The Standing Committee also coordinates with competent bodies for the repatriation of human trafficking victims. The Committee also notes the Government’s information that, three children, who were smuggled into the country and found being used for begging in Riyadh, were apprehended and sheltered at the sheltering centre affiliated to the Anti-Begging Office. They were provided with adequate care in addition to cooperation with their home country for the repatriation. The Committee further notes that, according to the Government’s replies to paragraph 13 of the list of issues in relation to the combined third and fourth periodic reports of Saudi Arabia to the Committee on the Rights of the Child (CRC/C/SAU/Q/3 4/Add.1), the number of beggars recorded in the year A.H. 1436 (A.D. 2014–15) was 12,419 persons, of whom 87 per cent were not citizens of Saudi Arabia, and 34 per cent were children. The Committee requests the Government to pursue its efforts to provide appropriate services to children engaged in begging to facilitate their rehabilitation and social integration, and to provide information on the results achieved. With regard to child beggars who are foreign nationals, the Committee requests the Government to continue to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

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

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

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee previously noted that draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation were being examined in the Majilis El Shoura.

The Committee notes that, according to the Government’s report submitted to the Working Group on the Universal Periodic Review of the Human Rights Council on 5 August 2013 (A/HRC/WG.6/17/SAU/1, paragraph 57), the Child Protection Act was approved on 24 December 2012 and prohibits any activities that might damage the child’s health or physical integrity. The Committee requests the Government to indicate which provisions of the Child Protection Act specifically prohibit the commercial sexual exploitation of children, including the use, procuring or offering of children under 18 years for prostitution and for the production of pornography or pornographic performances.

Clause (d). Hazardous work. Domestic and agricultural workers. The Committee previously noted that agricultural workers and domestic workers did not benefit from the protection laid down in the Labour Code. The Committee also noted that Ministerial Order No. 2839 of 1 October 2006 on hazardous types of work did not apply to the categories excluded by the Labour Code. However, the Government stated that it paid attention to ensuring that children under the age of 18 years avoid engaging in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee requested the Government to provide information on the specific measures taken to ensure that children working in domestic work and agriculture do not engage in hazardous work.

The Committee observes that the Government does not provide information on this point in its report. It notes, however, that according to the Government’s report under the Forced Labour Convention, 1930 (No. 29), a Regulation on domestic workers and persons of similar status was approved by virtue of Order No. 310 of 2013 of the Council of Ministers. The Government indicates that this Regulation includes provisions stating that employers must not assign domestic workers to perform work other than that agreed in the contract, nor work that is hazardous to health, demeaning, or work for a third party. Employers are further required to ensure that domestic workers enjoy a daily rest period and a day off per week. The Regulation also contains several penalties which are imposed on any person who violates its provisions. The Committee requests the Government to provide information on the application of the Regulation on domestic workers and persons of similar status with regard to child workers under 18 years of age, including the number of prosecutions, convictions and penalties applied on employers who violated the provisions of the Regulation. It requests the Government to provide a copy of this Regulation along with its next report. Moreover, the Committee urges the Government to take effective and time-bound measures to ensure that children working in agriculture do not engage in hazardous work. It once again requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

Article 7(1). Penalties. Employing children under 18 years as camel jockeys. The Committee previously noted that, according to the Royal Decree No. 13000 of 17 April 2002, a camel owner who employed a jockey under 18 years of age to participate in camel racing would not, in the case of winning a race, receive the prize. While the Committee noted the Government’s statement that a camel owner who employed a person under 18 years was punished, whether or not he won the race, it observed that this did not appear to be specified in the text of the Royal Decree No. 13000. Moreover, the Committee observed that the penalties provided for in the Royal Decree No. 13000 did not appear to be sufficiently effective and dissuasive. The Committee noted the Government’s statement that each jockey was required to furnish official documents attesting to their age (national ID, passport or residence permit), after which they are to be issued a “jockey card”, with a photo stamped with the particular festival’s seal. The Government stated that, before a race, the competent committees inspected the jockey card, matching the photo to the name on the ID. The Government also stated that, pursuant to rules on animal care, robot jockeys were prohibited from races which are supervised by the national guard. The Government also stated that it endeavoured to put a limit on any of the excesses which may occur in private races not supervised by the national guard. Noting the absence of information on this point in the Committee’s report, the Committee once again requests the Government to provide a copy of the instructions or regulations outlining the procedure for identification checks, the issuance of “jockey cards”, and the verification of such cards prior to the race. It also once again requests the Government to provide information on the concrete measures taken to ensure that children under the age of 18 years are not engaged as camel jockeys in private races that are not supervised by the national guard. Lastly, it once again requests the Government to provide information, in its next report, on the penalties imposed on persons found to be engaging children in camel racing, in addition to the preventive measures taken.

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

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee previously observed that Order No. 1/738 of 4 July 2004 does not explicitly prohibit the forced or compulsory labour of children under 18 years. Referring to its comments made in its 2008 observation under the Forced Labour Convention, 1930 (No. 29), the Committee noted that migrant domestic workers were vulnerable to exploitation in their working conditions, such as the retention of their passports by their employers, which in turn deprived them of their freedom of movement to leave the country or change their employment. In this regard, the Committee noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 April 2008, expressed concern regarding the economic and sexual exploitation and ill-treatment of young migrant girls employed as domestic servants (CEDAW/C/SAU/CO/2, paragraph 23). The Committee noted the Government’s reference to section 61(1) of the Labour Code which prohibits employers from using workers to exact labour without the payment of wages. In this regard, the Committee once again referred to its comments made under Convention No. 29 in 2009, where it noted that section 239 of the Labour Code limits the penalties for this offence to monetary fines. Moreover, the Committee notes that section 7 of the Labour Code excludes domestic workers from its scope of application.

The Committee notes the Government’s indication that the Labour Code and the Child Protection Act, which was approved on 24 December 2012, prohibit all employment of children under 15 years of age. However, the Committee observes that, by virtue of Article 3(a) of the Convention, forced or compulsory labour is considered a worst form of child labour which must be prohibited to all children under 18 years of age. The Committee therefore strongly urges the Government to take the necessary measures to ensure that persons who commit offences with regard to the forced or compulsory labour of children, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It once again requests the Government to provide information on the number of prosecutions, convictions and penalties applied for cases involving the forced labour of children under the age of 18 years, particularly with regard to children engaged in domestic work.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. Trafficking. The Committee previously noted that, according to the UNICEF report entitled “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (UNICEF Trafficking Report), released in 2007, a UNICEF rapid assessment survey estimated that tens of thousands of children, particularly boys from Yemen, but also from Afghanistan, Chad, Nigeria, Pakistan and Sudan, were trafficked to Saudi Arabia for the purpose of labour exploitation each year. However, the Committee noted that, as of 2009, there were no infringements detected of Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking (Order No. 244), and no trials for perpetrators of human trafficking. Moreover, the Committee noted that, while trafficking of children remained a significant issue in Saudi Arabia, there was a severe lack of data on this topic. The Committee noted the Government’s indication that it would take measures to complete available data on child trafficking. It also noted the Government’s statement that labour inspectors did not detect, during inspections, any cases which would require intervention and notification.

The Committee notes the Government’s information that the Agency responsible for investigation and public prosecution refers cases to the courts who apply the provisions of Order No. 244 and hand down the legal sentences against those convicted of trafficking. In this regard, the Government indicates, in its report under Convention No. 29, that in 2010–11, there were 32 sentences rendered against persons convicted of having committed crimes related to trafficking of persons, involving 51 victims. The Committee notes the Government’s indication that no cases in which children were exposed to human trafficking for the purpose of sexual exploitation have been detected. However, the Committee must once again express its deep concern regarding the lack of detection of cases of child trafficking by law enforcement bodies, in particular for labour exploitation. The Committee, therefore, urges the Government to take immediate measures to strengthen the relevant monitoring mechanisms to ensure that thorough investigations and robust prosecutions of offenders of child trafficking are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Moreover, the Committee urges the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, including child trafficking, and the commercial sexual exploitation of children, is made available. It requests the Government to provide information on the progress made in this regard in its next report, including the number of violations detected, prosecutions, convictions and penalties applied in connection with cases of trafficking of persons under 18 years of age.

Article 7(1). Penalties. Child begging. The Committee previously noted that the penalties provided in Order No. 1/738 for the offence of hiring children for the purpose of begging were not sufficiently effective and dissuasive. In this regard, the Government stated that a regulation was being examined which would guarantee the adoption of measures to ensure that persons who involve children under 18 years in begging would be prosecuted, and that sanctions would be imposed.

The Committee notes with deep concern the Government’s indication that there are about 83,000 street children and child beggars in the Kingdom. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. Moreover, by virtue of Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to ensure the prohibition and elimination of the worst forms of child labour. The Committee, therefore, urges the Government to take immediate measures so that regulations are adopted containing sufficiently effective and dissuasive penalties for persons who use, procure or offer children under 18 years for the purpose of begging. It requests the Government to provide a copy of the provisions adopted for this purpose with its next report, as well as information on prosecutions carried out in this regard and penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. 1. Street children and children engaged in begging. In its previous comments, the Committee noted that the Ministry of Social Affairs established the Office for Combating Beggary, and that this office employed social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 years were sent to the shelter centre in Jeddah. However, the Committee noted that the majority of persons involved in begging were foreign nationals, and if found to be undocumented or illegal residents, these children were deported within a period of two weeks from their arrest. The Committee also noted that there was no effort made to distinguish between trafficked and non-trafficked children.

The Committee notes the Government’s indication that an estimated 6,139 children were provided with services through the Centre for Foreign Child Beggars in Mecca, as well as those now established in Jeddah and Medina. The Government also indicates that 6,072 child victims of begging have been provided with support for their repatriation and family reunification. Moreover, the Government states that those foreign child victims of begging whose parents cannot be identified are also accommodated by the Centre for Foreign Child Beggar, where they receive medical, social, and psychological services. However, the Committee observes with concern that the number of child beggars who benefitted from support services is low comparatively to the overall number of street children and child beggars in the country (83,000 according to the Government). The Committee urges the Government to pursue its efforts to provide appropriate services to children engaged in begging to facilitate their rehabilitation and social integration, and to provide information on the results achieved. With regard to child beggars who are foreign nationals, the Committee urges the Government to continue to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

2. Trafficking of children for labour or sexual exploitation. The Committee previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys, in addition to women under the age of 18 years who were trafficked from Indonesia for the purpose of commercial sexual exploitation. The Committee noted that section 15 of Order No. 244 states that measures shall be adopted for victims of trafficking during investigations and prosecutions, including medical or psychological care; admittance to a rehabilitation centre or specialized centre; and police protection if necessary. The Committee also noted the Government’s statement that, pursuant to Order No. 244, a committee to combat human trafficking crimes was established.

The Committee notes with concern the Government’s statement that there have been no specific cases of child victims of trafficking for the purpose of commercial sexual exploitation or camel racing who have been identified and admitted to a shelter or a medical, psychological and social rehabilitation centre. The Committee urges the Government to take effective and time-bound measures to ensure that, pursuant to Order No. 244, child victims of trafficking for the purpose of commercial sexual exploitation or camel racing are effectively identified and admitted to a shelter or a medical, psychological and social rehabilitation centre. It requests the Government to provide information on the results achieved.

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

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

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee previously observed that Order No. 1/738 of 4 July 2004 prohibits child labour and the exploitation of children. It also observed that this regulation does not explicitly prohibit the forced or compulsory labour of children under 18 years. It noted that Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking, prohibits trafficking for the purpose of forced labour, but observed that this provision does not appear to prohibit forced labour that occurs independently of human trafficking. Referring to its comments made in its 2008 observation under the Forced Labour Convention, 1930 (No. 29), the Committee noted that migrant domestic workers are vulnerable to exploitation in their working conditions, such as the retention of their passports by their employers, which in turn deprives them of their freedom of movement to leave the country or change their employment. In this regard, the Committee noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 April 2008, expressed concern regarding the economic and sexual exploitation and ill-treatment of young migrant girls employed as domestic servants (CEDAW/C/SAU/CO/2, paragraph 23).

The Committee notes the Government’s reference to section 61(1) of the Labour Code which prohibits employers from using workers to exact labour without the payment of wages. In this regard, the Committee once again refers to its comments made under Convention No. 29 in 2009, where it noted that section 239 of the Labour Code limits the penalties for this offence to monetary fines. Moreover, the Committee notes that section 7 of the Labour Code excludes domestic workers from its scope of application. The Committee therefore requests the Government to take the necessary measures to ensure that persons who commit offences with regard to the forced or compulsory labour of children not linked to trafficking are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the number of prosecutions, convictions and penalties applied for cases involving the forced labour of children under the age of 18, particularly with regard to children engaged in domestic work.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee previously noted the Government’s information that the use, procuring or offering of a child for prostitution or for pornographic performances was prohibited by the Holy Koran and the Prophet’s Sunna, but observed that this did not appear to be contained in legislation. It also observed that Order No. 1/738 of 2004 prohibits child labour exploitation, but does not specifically prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. However, the Committee noted the Government’s indication that draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation were being examined in the Majilis El Shoura. The Committee expressed the firm hope that these regulations would include provisions specifically prohibiting the commercial sexual exploitation of children.

The Committee notes with concern an absence of information on this point in the Government’s report. The Committee accordingly urges the Government to take the necessary measures to ensure that legislation specifically prohibiting the use, procuring or offering of children under 18 years for prostitution and for the production of pornography or pornographic performances is adopted in the near future.

Clause (d). Hazardous work. Domestic and agricultural workers. The Committee previously noted that agricultural workers and domestic workers do not benefit from the protection laid down in the Labour Code.

The Committee notes the Government’s statement that the exclusion of agricultural workers and domestic workers from the provisions of the Labour Code does not justify or authorize exploitation of workers in these sectors. The Government states that the reason for such exclusions is the difficulty of applying the Labour Code to agricultural and domestic work. The Committee also notes the Government’s indication that the Ministerial Order No. 2839 of 1 October 2006 on hazardous types of work does not apply to the categories excluded by the Labour Code. However, the Government states that it pays attention to ensuing that children under the age of 18 avoid engaging in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. Recalling that the prohibition on hazardous work applies to persons under 18 years of age working in all sectors, including in domestic work and in agriculture, the Committee requests the Government to take effective and time-bound measures to ensure that children working in these sectors do not engage in hazardous work. It requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

Articles 5 and 7(1). Monitoring mechanisms and penalties. 1. Trafficking. The Committee previously noted that sections 3 and 4 of Order No. 244 provide sufficiently dissuasive penalties for the offence of trafficking a person under 18. However, the Committee noted the information in the UNICEF report entitled “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (UNICEF Trafficking Report), released in 2007, that a UNICEF rapid assessment survey estimated that tens of thousands of children, particularly boys from Yemen, are trafficked to Saudi Arabia for the purpose of labour exploitation each year. The Committee also noted that Saudi Arabia is a destination country for Nigerian, Pakistani, Afghan, Chadian and Sudanese children trafficked for the purpose of labour exploitation. The Committee requested information on the application of Order No. 244 in practice.

The Committee notes the Government’s statement that, due to the recent promulgation of Order No. 244 in 2009, there have been no infringements detected of this law and no trials for perpetrators of human trafficking. It also notes the Government’s statement that it intends to take measures to prosecute persons found in violation of child trafficking, regardless of their nationality. However, noting previous information that the trafficking of persons under 18 does occur in Saudi Arabia, the Committee expresses its deep concern regarding the lack of detection of cases of child trafficking by law enforcement bodies. The Committee therefore urges the Government to take immediate measures to strengthen the relevant monitoring mechanisms to ensure that thorough investigations and robust prosecutions of offenders of child trafficking are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the progress made in this regard in its next report, including the number of violations detected, prosecutions, convictions and penalties applied in connection with cases of trafficking of persons under 18 years of age.

2. Child begging. The Committee previously noted that the penalties provided in Order No. 1/738 for the offence of hiring children for the purpose of begging were not sufficiently effective and dissuasive.

The Committee notes the Government’s statement that Order No. 1/738 does not impose sufficiently effective and dissuasive penalties for the offence of hiring children for the purpose of begging. However, the Government states that using a child for the purpose of begging should be considered to be an act of human trafficking under Order No. 244. In this regard, the Committee notes the Government’s indication that this issue is under examination by the competent bodies, due to the dangerous nature of the phenomenon. The Government states that a regulation is currently being examined which would guarantee the adoption of measures to ensure that persons who employ, import, or expose children under 18 to begging shall be prosecuted, and that sanctions shall be imposed. The Committee recalls that, pursuant to Article 7(1), of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. It accordingly urges the Government to take the necessary measures to ensure that, through the examination of this issue by the competent bodies, regulations are adopted containing sufficiently effective and dissuasive penalties for persons who use, procure or offer children under 18 years for the purpose of begging. It requests the Government to provide a copy of the provisions adopted for this purpose with its next report, as well as information on prosecutions carried out in this regard and penalties imposed.

3. Employing children under 18 years as camel jockeys. The Committee previously noted that, according to the Royal Decree No. 13000 of 17 April 2002, a camel owner who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning a race, receive the prize. While the Committee noted the Government’s statement that a camel owner who employs a person under 18 is punished whether or not he wins the race, it observed that this did not appear to be specified in the text of the Royal Decree No. 13000. Moreover, the Committee observed that the penalties provided for in the Royal Decree No. 13000 did not appear to be sufficiently effective and dissuasive. It drew the Government’s attention to its observation of 2006 made on the application by Qatar of Convention No. 182, in respect of the prohibition and elimination of the use of children under 18 years for camel racing as well as the use of robot jockeys.

The Committee notes the Government’s statement that participants under 18 are prohibited from engaging in camel racing. The Government also states that measures are being taken so as to eliminate any violations of children’s rights in this regard. The Government states that each jockey is required to furnish official documents attesting to their age (national ID, passport or residence permit), after which they will be issued a “jockey card”, with a photo stamped with the particular festival’s seal. The Government states that, before a race, the competent committees inspect the jockey card, matching the photo to the name on the ID. The Government also states that, pursuant to rules on animal care, robot jockeys are prohibited from races which are supervised by the National Guard. The Government also states that it endeavours to put a limit on any of the excesses which may occur in private races not supervised by the National Guard. The Committee requests the Government to provide a copy of the instructions or regulations outlining the procedure for identification checks, the issuance of “jockey cards”, and the verification of such cards prior to the race. It also requests the Government to provide information on the concrete measures taken to ensure that children under the age of 18 are not engaged as camel jockeys in private races that are not supervised by the national guard. Lastly, it requests the Government to provide information on the penalties imposed on persons found to be engaging children in camel racing, in addition to the preventive measures taken.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. 1. Trafficking of children for labour or sexual exploitation. The Committee previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys, in addition to women under the age of 18 who were trafficked from Indonesia for the purpose of commercial sexual exploitation. The Committee noted the Government’s information that numerous efforts were being deployed by the Government to eliminate the trafficking of children, including the adoption of new legislation on trafficking in persons. In this regard, the Committee requested a copy of Order No. 244.

The Committee notes that section 15 of Order No. 244 states that measures shall be adopted for victims of trafficking during investigations and prosecutions. These measures include informing the victim of his/her legal rights; referring the victim to a physician if he/she appears to be in need of medical or psychological care; admitting the victim to a medical, psychological and social rehabilitation centre if necessitated by his/her condition or age; admitting the victim to a specialized centre if he/she needs shelter; and providing police protection if necessary. The Committee also notes the Government’s statement that, pursuant to Order No. 244, a committee to combat human trafficking crimes was established. The mandate of the committee to combat human trafficking crimes includes undertaking research, collecting information and undertaking informational campaigns as well as social and economic initiatives to prohibit and combat human trafficking. The Government further indicates that the committee to combat human trafficking crimes shall develop a policy which encourages the active search for victims, and the provision of training related to the identification of victims. The Committee requests the Government to provide information on the effective and time-bound measures taken to prevent the trafficking of children taken by the committee to combat human trafficking crimes, as well as on the policy developed to facilitate the identification of victims of trafficking. It further requests the Government to provide information on the number of child victims of trafficking for the purpose of commercial sexual exploitation or camel racing who have been identified and admitted to a shelter or a medical, psychological and social rehabilitation centre, pursuant to Order No. 244.

2. Street children and children engaged in begging. In its previous comments, the Committee noted the information in the UNICEF Trafficking Report that it is officially estimated that there are over 83,000 children selling small goods and begging on the streets of major cities in Saudi Arabia. It also noted that according to a UNICEF report entitled “Trafficking in children and child involvement in beggary in Saudi Arabia”, the Ministry of Social Affairs established the Office for Combating Beggary, and that these offices employ social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 are sent to the Shelter Centre in Jeddah. However, this UNICEF report indicated that the majority of persons involved in begging are foreign nationals, and if found to be undocumented or illegal residents, these children are deported within a period of two weeks from their arrest. The report also noted that there is no effort made to distinguish between trafficked and non-trafficked children. This UNICEF report further indicated that these children were not provided with psychological or legal assistance, and that there were few services for the rehabilitation and social integration of these children.

The Committee notes the Government’s statement that the Ministry of Social Affairs has set up a Centre for Foreign Child Beggars in Mecca. The Government indicates that this Centre will welcome children who have been arrested by the competent bodies and provide them with social, health and psychological services until their parents can be identified by the competent authorities. Moreover, the Government indicates that work is underway to rent buildings for the establishment of similar centres in the governorates of Jeddah and Medina. The Committee also notes the Government’s indication that several civil society institutions are represented in the Centre For Foreign Child Beggars, under the authority of the Charity Association, and that the Charity Association provides children with the necessary services until they have been reunited with their families or repatriated. The Committee further notes the Government’s statement that it endeavours to distinguish between children who are trafficked and those that are not, in its handling of children engaged in begging. With regard to foreign children, the Government indicates that the police appoint investigators to carry out searches for their families. After their parents have been identified, the Government indicates that coordination is ensured with the repatriation units at the Passport Department to complete the procedures for their travel. The Government indicates that those children that cannot be identified are released and provided with guidance. Noting the significant number of children engaged in begging in Saudi Arabia, as well the number of children trafficked for this purpose, the Committee urges the Government to pursue its efforts to provide appropriate services to these children for their rehabilitation and social integration. It requests the Government to provide information on the number of children that have been provided services through the Centre For Foreign Child Beggars in Mecca, as well as those in Jeddah and Medina, once established. It also requests the Government to provide information on the number of child victims of begging who have been provided with support for their repatriation and family reunification, as well as on the support provided to children whose parents are not identified.

Parts IV and V of the report form. Labour inspectorate and the application of the Convention in practice. The Committee previously noted the information available in the UNICEF Trafficking Report that while trafficking of children remains a significant issue in Saudi Arabia, there is a severe lack of data on this topic.

The Committee notes the Government’s indication that it will take measures to complete available data on child trafficking, if the phenomenon is present in the country. It also notes the Government’s statement that labour inspectors did not detect, during inspections, any cases which would require intervention and notification. The Committee once again expresses its concern at the lack of data available on the trafficking of children, and it urges the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, including child trafficking, the exploitation of children in commercial sexual exploitation and in begging, is made available. To the extent possible, all data provided should be disaggregated by sex and by age.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee previously observed that Order No. 1/738 of 4 July 2004 prohibits child labour and the exploitation of children, including any inhumane form of work and morally hazardous work, though observed that this regulation does not explicitly prohibit the forced or compulsory labour of children under 18 years. The Committee notes the copy of regulations submitted with the Government’s report, identified by the Government as the Ministerial Order No. 244 of 20/7/1430 (2009) (Order No. 244) taken by the Council of Ministers approving regulations on human trafficking. The Committee notes that section 2 of Order No. 244 prohibits trafficking, including for the purpose of forced labour. The Committee observes that this provision does not appear to prohibit forced labour that occurs independently of human trafficking.

The Committee refers to its comments made in its 2008 observation under the Forced Labour Convention, 1930 (No. 29), that the new Labour Code does not contain provisions prohibiting forced labour. In this observation, the Committee further noted that section 7 of the Labour Code excludes agricultural workers and domestic workers, an exclusion that has particular significance for migrant workers who are often employed in those sectors. The Committee observed that the lack of such protection for migrant workers exposes them to exploitation in their working conditions, such as the retention of their passports by their employers, which in turn deprives them of their freedom of movement to leave the country or change their employment. The Committee notes that the Committee on the Rights of Elimination of Discrimination Against Women, in its concluding observations of 8 April 2008, expressed concern with regard to the economic and sexual exploitation and ill-treatment of young migrant girls employed as domestic servants (CEDAW/C/SAU/CO/2, paragraph 23). The Committee recalls that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery such as the forced or compulsory labour of children under 18 years constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee requests the Government to take the necessary measures to adopt in national legislation a prohibition on the forced and compulsory labour of children who are not the victims of trafficking. It also asks the Government to take the necessary measures to ensure that persons who commit offences with regard to the forced or compulsory labour of children are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee previously noted the Government’s information that the use, procuring or offering of a child for prostitution or for pornographic performances was prohibited by the Holy Koran and the Prophet’s Sunna. It also observed that Order No. 1/738 of 2004 prohibits child labour exploitation, as well as inhumane or immoral treatment, but does not specifically prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. The Committee noted the Government’s information that draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation, had been submitted to the competent authorities for examination. The Committee notes the Government’s statement that the regulations are still being examined in the Majilis El Shoura. The Committee expresses the firm hope that these regulations will include provisions specifically prohibiting the use, procuring and offering of children under 18 years for prostitution and for the production of pornography or pornographic performances, and urges the Government to take the necessary measures to ensure that the draft regulations on child protection are adopted in the near future. It requests the Government to provide a copy of these regulations as soon as they are adopted.

Clause (d). Hazardous work. Domestic and agricultural workers. The Committee previously noted that by virtue of section 3 of the Labour Code the following workers do not benefit from the protection laid down in the Labour Code: (i) persons employed in pastures, animal husbandry or agriculture, except for persons working in agricultural establishments which process their own product or persons who are permanently engaged in the operation or repair of mechanical equipment required for agriculture; or (ii) domestic servants and persons considered as such. The Committee noted the Government’s reference to Ministerial Order No. 20879 of 2003 which identifies the types of hazardous work in which the employment of young persons is not authorized, and requested the Government to indicate if this Ministerial Order applies to agricultural workers and domestic servants under 18 years of age. The Committee notes the Government’s indication that following the adoption of a new Labour Code, (promulgated by virtue of Order No. m/51 of 26 September 2005), a new Ministerial Order concerning prohibited types of hazardous work was promulgated (No. 2839 of 1 October 2006). The Committee notes the Government’s indication that this Ministerial Order does not apply to categories of workers excluded in the Labour Code, such as agricultural workers and domestic workers. Since children who work in these sectors do not appear to be protected in the relevant legislation, the Committee requests the Government to take the necessary measures to ensure that children under 18 years working as domestic servants and agricultural workers do not perform work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also requests the Government to supply a copy of the Ministerial Order No. 2839 of 1 October 2006, concerning prohibited types of hazardous work.

Article 7, paragraph 1. Penalties. Trafficking. The Committee previously noted that Order No. 1/738 did not impose sufficiently effective and dissuasive penalties for the offence of the sale and trafficking of persons. It also noted that the Government of Saudi Arabia does not comply with the minimum standards for the elimination of trafficking, especially because of its failure to prosecute those guilty of trafficking. The Committee notes that section 3 of Order No. 244 states that any person who commits human trafficking shall be sentenced to imprisonment for a maximum period of 15 years, or to a maximum fine of 1 million riyals (SAR) (approximately US$266,652), or both. The Committee also notes that section 4 of Order No. 244 states that penalties set out in the regulations shall be harsher if the act is committed against a child, even if the aggressor did not know that the victim was a child. Section 4 also prescribes harsher penalties if the offence is committed by a parent or guardian of the child victim. However, the Committee notes the information in the UNICEF report entitled “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (UNICEF Trafficking Report), released in 2007, that a UNICEF rapid assessment survey estimated that tens of thousands of children, particularly boys from Yemen, are trafficked to Saudi Arabia for the purpose of labour exploitation each year. The Committee therefore observes that although the national legislation appears to prohibit trafficking in human beings, the trafficking of children under 18 very much remains an issue of concern in practice. The Committee urges the Government to take immediate and effective measures to enforce the law. It also asks the Government to provide information on the practical application of Order No. 244, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Child begging. The Committee previously noted that Order No. 1/738 did not impose sufficiently effective and dissuasive penalties for the offence of hiring children for the purpose of begging. The Committee requested the Government to provide information on the measures taken to ensure that persons who use, procure or offer children under 18 years for this purpose are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee notes that section 2 of Order No. 244 prohibits the trafficking of humans for the purpose of begging. However, the Committee notes an absence of information on the Committee’s concerns with respect to the imposition of penalties for the use, procuring or offering children under 18 years for the purposes of begging unrelated to the offence of trafficking. The Committee reminds the Government that by virtue of Article 7(1), of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. It requests the Government to take the necessary measures to ensure that persons who use, procure or offer children under 18 years for the purpose of begging are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Employing children under 18 years as camel jockeys. The Committee had previously noted that, according to the Royal Decree No. 13000 of 17 April 2002, a camel owner who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning, receive the prize. The Committee also noted the information in the Government’s report that young persons are entirely prohibited from camel jockeying by virtue of Royal Decree No. 13000 which punishes any person who violates the prohibition by penalties. These penalties include banning any camel jockey who has not attained 18 years from participating in races and denying the camel owner the prize money if the camel jockey proves to be under 18 years. The Committee observed that the Royal Decree only punishes the offender in the case in which the camel jockey under 18 years employed by him wins the race and that the existing provisions appear to penalize the victim more than the offender. The Committee also observed that the penalties imposed by Royal Decree No. 13000 on persons who employ children under 18 years as camel jockeys do not appear to be sufficiently effective and dissuasive, and drew the Government’s attention to its observation of 2006 made on the application by Qatar of Convention No. 182, in respect of the prohibition and elimination of the use of children under 18 years for camel racing as well as the use of robot jockeys.

The Committee notes the Government’s statement that a camel owner who employs a person under 18 is punished whether or not he wins the race. However, the text of the Royal Decree No. 13000, supplied by the Government with a previous report, does not appear to specify this, stating only that a camel owner who wins a race using a jockey under the age of 18 will not be able to collect his prize. The Committee urges the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is liable to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an underage jockey has not won.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. Trafficking of children for labour or sexual exploitation. The Committee previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys, in addition to women under the age of 18 who were trafficked from Indonesia for the purpose of commercial sexual exploitation. The Committee noted the Government’s information that innumerable efforts are being deployed by the Government to eliminate the trafficking of children, including the drafting of new regulations on trafficking in persons. The Committee notes the copy of regulations on trafficking submitted with the Government’s report, and notes the information in the Government’s report that this document is the Ministerial Order No. 244 taken by the Council of Ministers, although it observes that the copy supplied does not contain a date. The Committee requests the Government to supply an official dated copy of Order No. 244 of 20/7/1430 (2009) taken by the Council of Ministers, approving regulations on human trafficking. The Committee also requests the Government to provide information on the impact of these regulations with respect to preventing the trafficking of children under 18 years, in addition to information on any effective and time-bound measures taken or envisaged in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Street children and children engaged in begging. In its previous comments, the Committee noted the Government’s information that measures have been adopted aimed at protecting child victims of violence and exploitation, including the establishment of a centre to receive complaints on violence, harm and exploitation of women and children, the establishment of a residence centre for foreign children who beg, in coordination with UNICEF, and the establishment of the “Women’s Charity Association for Family Protection”, specialized in the protection of women and children from violence through rehabilitation programmes. The Committee requested the Government to indicate the number of former victims of trafficking, especially for purposes of labour exploitation and begging, who have been protected and rehabilitated through these measures.

The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes the information in the UNICEF Trafficking Report released in 2007 that it is officially estimated that there are over 83,000 children selling small goods and begging on the streets of major cities in Saudi Arabia. The Committee also notes the information in the UNICEF report entitled “Trafficking in children and child involvement in beggary in Saudi Arabia” (UNICEF Beggary Report) that the Ministry of Social Action established the Office for Combating Beggary, and that these offices employ social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 are sent to the Shelter Centre in Jeddah. The Committee also notes that the UNICEF Beggary Report indicates that the majority of persons involved in begging are foreign nationals, and if found to be undocumented or illegal residents, these children are deported within a period of two weeks from their arrest. The UNICEF Beggary Report also indicates that there is no effort made to distinguish between trafficked and non-trafficked children.

The Committee notes that since the establishment of the Shelter Centre in 2004, some 839 children have been deported to their country of origin. The Committee also notes that, at the time of the UNICEF Beggary Report, these children were not provided with psychological or legal assistance, and that there were few services for the rehabilitation and social integration of these children. Expressing its serious concern at the number of children engaged in begging and street work, and at the lack of legal, psychological and medical services provided to these children once arrested, the Committee requests the Government to take effective and time-bound measures to ensure the provision of appropriate services to these children, to facilitate their rehabilitation and social integration. With regard to children who are foreign nationals, the Committee requests the Government to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

Parts IV and V of the report form. Labour inspectorate and the application of the Convention in practice. The Committee previously noted the Government’s indication that the labour inspectorate had not detected any cases of prohibited child labour, and it requested the Government to continue to provide information on the application of the Convention in practice. The Committee notes the Government’s statement that no cases of human trafficking have been detected. However, the Committee notes the information in the 2009 report on trafficking in persons in Saudi Arabia, available on the United Nations High Commissioner for Refugees’ web site (www.unhcr.org), that Saudi Arabia is a destination country for Nigerian, Yemeni, Pakistani, Afghan, Chadian and Sudanese children, trafficked for the purpose of labour exploitation. The Committee also notes the information available in the UNICEF Trafficking Report that while trafficking of children remains a significant issue in Saudi Arabia, there is a severe lack of data on this topic.

The Committee expresses its concern at the lack of data available on the trafficking of children, and it urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of trafficking is available. The Committee also expresses its concern regarding the lack of detection of cases of child trafficking, and requests the Government to redouble its efforts to ensure the effective monitoring of this phenomenon. In this regard, it requests the Government to expand the authority of the labour inspectorate in enforcing the laws and to increase the human and financial resources of the labour inspectorate. It further requests the Government to take the necessary measures to ensure that unannounced inspections are carried out by the labour inspectorate and that persons, regardless of their nationality, who traffic children are prosecuted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee had previously noted that Order No. 1/738 of 4 July 2004, prohibits child labour and the exploitation of children, including any inhumane form of work and morally hazardous work.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee had previously noted the Government’s information that the use, procuring or offering of a child for prostitution or for pornographic performances was prohibited by the Holy Koran and the Prophet’s Sunna. It had further noted the Government’s information that the draft regulations on child protection were being examined. It had also observed that Order No. 1/738 of 2004 prohibits child labour exploitation, as well as inhumane or immoral treatment, but does not specifically prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. The Committee notes the Government’s information that the draft regulations on child protection in Saudi Arabia have been submitted to the competent authorities for examination. According to the Government, these draft regulation concern the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation. The Committee hopes that the regulations on child protection will include provisions specifically prohibiting the use, procuring and offering of children under 18 years for prostitution and pornography. It requests the Government to provide a copy of these regulations on child protection as soon as they are adopted.

Article 7, paragraph 1. Penalties. 1. Trafficking and begging. The Committee had previously noted that Order No. 1/738 did not impose sufficiently effective and dissuasive penalties for the offences of sale and trafficking of persons; employing anyone in any form of inhumane work or work hazardous to morals; exploiting children and child labour, and hiring children for the purpose of begging. It had also noted that the Government of Saudi Arabia does not comply with the minimum standards for the elimination of trafficking, especially because of its failure to prosecute those guilty of trafficking. The Committee had requested the Government to take the necessary measures to ensure that persons who commit the offence provided for in Order No. 1/738 of 2004 are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee notes the Government’s information that the Minister of Labour submitted a request to the Council of Ministers to promulgate a new regulation which penalizes trafficking in persons. The draft regulation is being discussed by the body of experts within the Council of Ministers. It also notes the Government’s information that the violation of the prohibition of forced labour established by section 61(1) of the Labour Code is punishable by penalties of fines of no less than 2,000 riyals and not more than 5,000 riyals, in the absence of harsher penalties provided for in any other law. The Committee requests the Government to indicate whether the violation of the prohibition of forced labour is punishable by penalties of imprisonment. The Committee also requests the Government to provide information on any progress towards the adoption of the regulations penalizing the trafficking in persons. Finally, it requests the Government to provide information on the measures taken to ensure that persons who use, procure or offer children under 18 years for the purposes of begging are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

2. Employing children under 18 years as camel jockeys. The Committee had previously noted that, according to Royal Decree No. 13000 of 17 April 2002, the owner of a camel who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning, receive the prize. It had observed that this Decree does not impose sufficiently effective and dissuasive penalties on a person who employs a child under 18 years of age as a camel jockey. The Committee had requested the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is liable to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an underage jockey may not have won. The Committee notes the Government’s information that young persons are entirely prohibited from camel jockeying by virtue of Royal Decree No. 13000 of 17 April 2002, which punishes any person who violates the prohibition by penalties. These penalties include: banning any camel jockey who has not attained 18 years from participating in races; and denying the camel owner the prize money if the camel jockey proves to be under 18 years. The Government adds that there are special committees which examine a camel jockeys and verify, before they join, whether they have attained the legal age required for the race. The Committee once again considers that the penalties imposed by Royal Decree No. 13000 on person who employ children under 18 years as camel jockeys are not sufficiently effective and dissuasive. It observes, once again, that the Royal Decree only punishes the offender in the case in which the camel jockey under 18 years employed by him wins the race. Finally, it observes that the existing provisions appear to penalize the victim more than the offender. In fact, it seems that if, before the race, the special committees verify that the camel jockey is under 18 years, the child is banned from camel races but the person who employs him does not get punished. The Committee once again requests the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is liable to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an underage jockey has not won. More generally, in respect of the issue of child camel jockeys, the Committee draws the Government’s attention to its observation of 2006 made on the application by Qatar of Convention No. 182 in respect of the prohibition and elimination of the use of children under 18 years for camel racing as well as the use of robot jockeys.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children for labour or sexual exploitation. The Committee had previously noted that, according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. It had also noted that, according to the UNESCO Trafficking Statistics Project, approximately 10 per cent of women prostitutes are under 18 years of age in Saudi Arabia. The majority of these girls were trafficked from Indonesia to Saudi Arabia for the purpose of sexual exploitation. The Committee requested the Government to provide information on the effective and time-bound measures taken or envisaged in order to prevent the trafficking of children under 18 years of age into Saudi Arabia for the purpose of sexual exploitation. The Committee notes the Government’s information that innumerable efforts are being deployed by the Government to eliminate trafficking of children. Particularly, it notes that new regulations on trafficking in persons have been drafted. These regulations recognize that trafficking in persons, whether they are men, women, children, citizens or not, is an unacceptable practice which violates national legislation, values and principles in Saudi Arabia. The Committee also notes the Government’s information that a Memorandum of Understanding was signed with the Republic of Yemen in order to coordinate joint efforts to combat child trafficking from Yemen to Saudi Arabia. The Government also highlights the recommendations of the Saudi Yemeni Consultative Committee on the Trafficking of Children, which focus on measures to combat trafficking in Saudi Arabia and Yemen. The recommendations include: (a) treat any form of trafficking of children as a punishable crime; (b) study the problem of trafficking, its consequences and its solutions and evaluate the degree of suitability of present mechanisms; (c) prepare awareness-raising programmes on trafficking; (d) treat trafficked children as victims of trafficking and provide them with appropriate protection, care and legal assistance. The Committee finally notes the Government’s information that a training session on combating trafficking in persons, especially children, was held in February 2007 in Riyadh, with the collaboration of the Virginia Centre in the United States. The Committee requests the Government to provide a copy of the new regulations on trafficking as soon as they have been adopted.

2. Ensuring access to free basic education. Following its previous comments, the Committee notes that, according to the statistics provided by the Government, the net enrolment rate in primary school in 2004 was 92.8 per cent. It also notes the statistical data provided by the Government on school dropout rates during the period 2004–05, disaggregated by sex and grades of education. It notes that in primary education the highest dropout rate had been registered in grade 6 (2.5 per cent for boys and 2.9 per cent for girls).

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the following measures have been adopted aimed at protecting child victims of violence and exploitation: (a) setting up of a social guidance unit to provide social, psychological, and judicial advice to all categories of society; (b) the establishment of a centre to receive complaints on violence, harm and exploitation of women and children; (c) the establishment of a residence centre for foreign children who beg, in coordination with UNICEF; (d) the establishment of the “Women’s Charity Association for Family Protection”, specialized in the protection of women and children from violence through rehabilitation programmes. The Committee requests the Government to indicate the number of former victims of trafficking, especially for purposes of labour exploitation and begging, who have been protected and rehabilitated through the abovementioned measures.

Clause (d). Identifying and reaching out to children at special risk. Domestic and agricultural workers. The Committee had previously noted that, by virtue of section 3 of the Labour Code, the following workers do not benefit from the protection laid down in the Labour Code: (i) persons employed in pastures, animal husbandry or agriculture, except for persons working in agricultural establishments which process their own product or persons who are permanently engaged in the operation or repair of mechanical equipment required for agriculture; or (ii) domestic servants and persons considered as such. It had requested the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working as domestic servants and agricultural workers do not perform work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety or morals, and are protected from the worst forms of child labour. The Committee notes that the Government refers to Ministerial Order No. 20879 of 2003 which identifies the types of hazardous work in which the employment of young persons is not authorized. It requests the Government to clarify whether Ministerial Order No. 20879 of 2003 applies to agricultural workers and domestic servants under 18 years of age.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that no case of child labour which is prohibited under the Convention was detected by the Labour Inspectorate. It also notes the Government’s information that it will send any new information a soon as it is made available. The Committee encourages the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, as soon as this information becomes available.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously requested the Government to provide a copy of the legal provisions that prohibit and punish the sale and trafficking of children under 18 years for labour or sexual exploitation. It notes the Government’s information that trafficking of persons whether they are adults or children, male or female, for any purpose, is prohibited by virtue of the Constitution of the Kingdom based on the Holy Koran and the Prophet’s Sunnah. Moreover, the Islamic Shari’a prohibits such an act and punishes anyone who is involved therein. The Committee notes the Government’s statement that the sale and exploitation of persons, whether they are adults or children, is also prohibited. It notes with interest that Order No. 1/738 of 4 July 2004 prohibits all forms of trafficking in persons and the exaction of child labour as well as the exploitation of children. The Committee takes note of this information.

2. Forced or compulsory labour. The Committee had previously noted in its 2003 observation on the application of Convention No. 29 the Government’s information that forced or compulsory labour would be regarded as a constraint under the Sahri’a and that, if a case were brought to a court, the judge in applying the Shari’a may subject the offender to penalties. However, the Committee had also noted that the broad discretionary application of the Shari’a does not fulfil the requirements or purpose of Article 25 of Convention No. 29, requiring a member State to have a specific law which describes both the exaction of the forced labour and the penalty. The Committee had asked the Government to provide a copy of the legal provisions that explicitly prohibit the forced or compulsory labour of children under 18 years. The Committee notes the Government’s information that Order No. 1/738 of 4 July 2004 prohibits child labour and the exploitation of children as well as, in general, any inhumane form of employment or work and work hazardous to morals. However, the Committee notes that Order No. 1/738 does not explicitly prohibit the forced or compulsory labour of children under 18 years. It notes the Government’s information that the draft Labour Code includes a section prohibiting the employment of workers by force. It notes the Government’s information that this draft Labour Code will be communicated upon promulgation.

The Committee once again recalls that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery such as the forced or compulsory labour of children under 18 years constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee, accordingly, once again requests the Government to indicate the measures taken or envisaged to explicitly prohibit the forced or compulsory labour of children under 18 years of age. The Committee also requests the Government to supply a copy of the new Labour Code as soon as it has been approved.

3. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 247), the recruitment of persons under 18 years in the armed forces is prohibited. It had asked the Government to indicate which legal provision prohibits the compulsory recruitment of children under 18 years of age in armed conflict. The Committee notes the Government’s information that there is no system of compulsory recruitment in the Kingdom and consequently there is no legal text in the Kingdom that specifies compulsory recruitment of any person whatsoever. The Committee takes note of this information.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee had previously noted that, according to the Committee on the Rights of the Child (CRC/C/Add.148, concluding observations, 22 February 2001, paragraph 41), there is no published Criminal Code in Saudi Arabia. It had asked the Government indicate which legal provisions prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. The Committee notes the Government’s information that the use, procuring or offering of a child for prostitution or for pornographic performances is prohibited as the Holy Koran and the Prophet’s Sunna prohibit such acts. Moreover, according to the Government, Order No. 1/738 of 2004 prohibits all forms of trafficking of persons, including the exploitation of children. The Committee also notes the Government’s information that the draft regulations on child protection are currently being examined. The Committee observes that Order No. 1/738 of 2004 prohibits child labour exploitation, as well as any inhumane or immoral treatment, but does not specifically prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. The Committee once again reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour, and is therefore prohibited for all children under 18. The Committee asks the Government to indicate the measures taken or envisaged to explicitly prohibit the use, procuring or offering of a child under 18 years for prostitution or for the production of pornography or for pornographic performances. It also asks the Government to continue providing information on any developments regarding the adoption of the draft regulations on child protection.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that the Holy Koran and the Prophet’s Sunna prohibit such acts and that Order No. 1/738 of 2004 prohibits the exploitation of children. The Committee notes that the same Order also prohibits the exploitation of children for the purpose of begging. The Committee asks the Government to indicate in what manner the use, procuring or offering of a child under 18 years for other illicit activities, in particular for the production and trafficking of drugs, is specifically prohibited by the relevant legislation.

Clause (d). Hazardous work. The Committee had previously noted that, according to section 160 of the Labour Code, young persons shall not be employed on any work which is likely to harm their health, safety or morals. It had also observed that self-employed workers do not benefit from the protection laid down in the Labour Code. It had asked the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature and circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s information that Order No. 1/738 of 2004 prohibits any form of inhumane work and work against one person’s morals, as well as the exploitation of child labour. Accordingly, these prohibitions apply to this category too. The Committee takes note of this information.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes with interest the Government’s information that Ministerial Order No. 20879/6 of 18 February 2004 contains a comprehensive list of types of work and occupations in which the employment of children and young persons is prohibited, including: work involving exposition to radiation; work at high temperatures; work involving exposure to harmful vibrations; work with electrical equipment which could cause electric shocks; fusion of different materials; hiring tasks requiring physical efforts; manufacture of explosives; work in mines and quarries; work with mechanical equipment; work involving exposure to different kinds of harmful and poisonous substances. The Committee takes note of this information.

Article 5. Monitoring mechanisms. The Committee had previously noted that labour inspectorates are in charge of supervising the implementation of labour laws. It had also noted that, despite the low number of cases of child labour, the Government had decided to continue to monitor workplaces where violations were reported. It notes the Government’s information that labour inspectors undertake inspection visits of activities in which children are suspected to be employed. It notes that the Government has supplied a copy of the inspection report which indicates procès-verbaux drafted against the use of children as camel jockeys. The Committee asks the Government to continue providing information on the activity of the Labour Inspectorate, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Following its previous comments, the Committee notes that no programmes of action to eliminate the worst forms of child labour appear to have been designed in Saudi Arabia. The Committee once again reminds the Government that, even where the forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee once again requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations, and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Saudi Arabia.

Article 7, paragraph 1. Penalties. The Committee had previously noted that section 204 of the Labour Code imposes a fine for a contravention of the prohibitions on the employment of children under 18 years in hazardous work. It had also noted that, according to Royal Decree No. 13000 of 17 April 2002, the owner of a camel who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning, receive the prize. The Committee had requested the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is subject to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an under-age jockey may not have won. The Committee notes that no information is contained in the Government’s report on this point.

The Committee notes that Order No. 1/738 of 2004 carries a penalty of the prohibition of recruiting workers for a period of five years for anyone who commits the offences of: sale and trafficking of persons; employing anyone in any form of inhumane work or work hazardous to morals; exploiting children and child labour, and hiring children for the purpose of begging. The Committee notes that the penalty provided for in Order No. 1/738 for the abovementioned offences does not appear to be sufficiently effective and dissuasive. It also notes that, according to the information available at the Office, the Government of Saudi Arabia does not comply with the minimum standards for the elimination of trafficking, especially because of its failure to prosecute those guilty of trafficking. In fact, despite reports of trafficking and abuses of other unskilled workers and children, few cases are submitted to criminal prosecution.

The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee requests the Government to take the necessary measures to ensure that persons who commit the offences provided for in Order No. 1/738 of 2004 and in Royal Decree No. 13000 of 17 April 2002 are prosecuted and that sufficient and dissuasive penalties are imposed. In this regard, it asks the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children for labour or sexual exploitation. The Committee had previously noted that, according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. It had also noted that, according to the UNESCO Trafficking Statistics Project, approximately 10 per cent of women prostitutes are under 18 years of age in Saudi Arabia. The majority of these girls were trafficked from Indonesia to Saudi Arabia for the purpose of sexual exploitation. The Committee also notes that, according to information available at the Office, Saudi Arabia is a destination for men and women from South and East Asia and East Africa trafficked for the purpose of labour exploitation, and for children from Yemen, Afghanistan and Africa trafficked for forced begging. The Committee once again requests the Government to provide information on the effective and time-bound measures taken or envisaged in order to prevent the trafficking of children under 18 years of age into Saudi Arabia for labour or sexual exploitation.

2. Ensuring access to free basic education. The Committee had previously noted that, according to the UNICEF Basic Statistics on Saudi Arabia, the net primary school enrolment was 58 percent from 1996 to 2002. It notes that, according to the UNDP statistics, the net primary enrolment rate was 54 percent in 2002-03. The Committee notes the Government’s information that it has taken a number of measures dealing with education, such as: early registration for children in primary schools; programmes for educational and occupational guidance to students at schools; awareness programmes of the risk of drugs at school; awareness-raising initiatives on education issues involving children and parents; strengthening the participation of children in artistic cultural, recreational and sports services at public educational schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to continue providing information on measures aimed at improving their access to free basis education. It also asks the Government to supply data on the enrolment and dropout rates in school.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. The Committee notes the Government’s information that a number of measures have been taken to protect orphans and children with special needs, such as health care, social security and financial help. It also notes the Government’s information that the Ministry of Social Affairs has set up the "Public Department for Social Protection" which shall serve children under the age of 18 and protect them from violence, corporal, psychological or sexual maltreatment. The Committee requests the Government to indicate whether the Public Department for Social Protection provides for the rehabilitation and social integration of children below 18 who are victims of trafficking and prostitution. In the affirmative, it requests the Government to indicate the number of former victims of trafficking protected and rehabilitated by the Public Department for Social Protection. If not, it requests the Government to provide information on effective and time-bound measures taken or envisaged for the removal of these children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Domestic and agricultural workers. The Committee had previously noted that, by virtue of section 3 of the Labour Code, the following workers do not benefit from the protection laid down in the Labour Code: (i) persons employed in pastures, animal husbandry or agriculture, except for persons working in agricultural establishments which process their own product or persons who are permanently engaged in the operation or repair of mechanical equipment required for agriculture; or (ii) domestic servants and persons considered as such. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working as domestic servants and agricultural workers do not perform work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety or morals, and are protected from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s information that it is contributing in supporting development efforts in 83 developing countries. Saudi Arabia also endeavours to provide moral and financial support to multilateral development bodies and institutions, whether Arab, regional or international, by contributing to their capital and to their administrative and technical support. The overall contribution in such institutions is more than US$24 billion. In addition, Saudi Arabia wrote off more than US$6 billion of debts of a number of least developed countries. The Committee notes the Government’s statement that the Kingdom declared it would provide an urgent assistance in order to alleviate the suffering of countries and people hit by earthquakes and floods. Moreover, the Saudi Fund for Development promulgated a Royal Directive specifying the allocation of about US$400 million to contribute in the reconstruction of areas hit by the Tsunami disaster. The Committee requests the Government to provide information on the concrete measures taken pursuant to the abovementioned international and regional initiatives and plans of action and their impact on the elimination of the worst forms of child labour.

Part III of the report form. The Committee notes that no information is contained in the Government’s report on this point. It requests the Government to provide information on any court decisions involving questions of principle relating to the application of the Convention, as soon as this information becomes available.

Part V of the report form. The Committee notes that no information is contained in the Government’s report on this point. It once again requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

The Committee had previously noted that, in its 2003 observation on the application of Convention No. 29, the Government was in the process of examining a new draft Labour Code. The Committee hopes that the new labour legislation will take into consideration the points raised above. In this regard, it once more reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes the absence of information in the Government’s report on this point. However, it observes that the Government indicated to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 265) that the sale or trafficking in children is prohibited. The Committee recalls that, under Article 3(a) of the Convention, the sale and trafficking of children are considered to be one of the worst forms of child labour, and consequently are prohibited for children under 18 years. The Committee requests the Government to provide a copy of the legal provisions that prohibit and punish the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation.

2. Forced or compulsory labour. The Committee notes the absence of information in the Government’s report on this point. In its 2003 observation on the application of Convention No. 29, the Committee had noted the Government’s indication that forced or compulsory labour would be regarded as a constraint under the Shari’a and that, if a case was brought to a court, the judge in applying the Shari’a may subject the offender to penalties. The Committee recalls that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery such as forced or compulsory labour of children under 18 years constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly asks the Government to provide a copy of the legal provisions that explicitly prohibit the forced or compulsory labour of children under 18 years of age, and applicable penalties. In the absence of such legal provisions, the Committee requests the Government to indicate the measures taken or envisaged to this end.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 34 of Royal Decree No. A/90 of 1 March 1992 states that  "defence of the Islamic creed, society and the homeland are the responsibility of all. The system elucidates the rules of military services". It also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 247) that the recruitment of persons under 18 years of age in the armed forces is prohibited. The Committee requests the Government to indicate which legal provision prohibits the compulsory recruitment of children under 18 years of age in armed conflict and to provide a copy thereof.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 264) that "the State prohibits all forms of sexual exploitation of children and imposes appropriate penalties, in accordance with Islamic law, on persons who engage in sexual exploitation". However, the Committee also observes that, according to the Committee on the Rights of the Child, there is no published criminal code and code of criminal procedure in Saudi Arabia (CRC/C/15/Add.148, concluding observations, 22 February 2001, paragraph 41). The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour, and is therefore prohibited. The Committee requests the Government to indicate which legal provisions prohibit the use, procuring or offering of children under 18 years for prostitution or pornography, and to provide a copy thereof.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work. The Committee notes that a person under 18 years of age shall not be employed at night (i.e. at least 11 hours between sunset and sunrise) and for a period exceeding six hours per day. It also notes that, according to section 160 of the Labour Code, women, young persons (i.e. a person aged 15 to 18 by virtue of section 7) and children (i.e. a person under 15 years of age) shall not be employed in hazardous operations or harmful industries, such as power-operated machinery, mines and quarries. Section 107(a) of the Labour Code provides that a person under 18 years of age shall not be employed as a seafarer.

Self-employed children. The Committee notes that, by virtue of section 160 of the Labour Code, young persons shall not be employed on any work which is likely to harm their health, safety or morals. However, the Committee observes that, by virtue of section 2(a) and (b) of Royal Decree No. M/21 of 15 November 1969, the scope of application of this Decree is limited to: (i) persons who work for an employer under his/her control or direction in return for a wage; and (ii) persons holding an apprenticeship contract. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Domestic and agricultural workers. The Committee notes that, by virtue of section 3 of the Labour Code, the following workers do not benefit from the protection laid down in the Labour Code: (i) persons employed in pastures, animal husbandry or agriculture, except for persons working in agricultural establishments which process their own product or persons who are permanently engaged in the operation or repair of mechanical equipment required for agriculture; or (ii) domestic servants and persons considered as such. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee requests the Government to indicate the measures taken or envisaged  to ensure that domestic and agricultural workers under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, by virtue of section 160 of the Royal Decree No. M/21 of 15 November 1969, a list of hazardous occupations and industries shall be determined by a decision of the Minister of Labour. The Committee also notes the Government’s statement that the identification of hazardous occupations requires the existence of such occupations. The Government further indicates that hazardous work does not exist in Saudi Arabia; only camel racing has been identified as work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.  Consequently, Saudi Arabia adopted Royal Decree No. 1300 on 17 April 2002 which sets a minimum age of 18 years to take part in camel racing.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) are required to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government's attention to Paragraph 3 of the Recommendation No. 190 which provides that, in determining the types of such hazardous work, consideration should be given, inter alia to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (v) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide information on  any developments in this regard.

Article 4, paragraphs 2 and 3. Identification of hazardous work, and periodic examination and revision of the list of the types of hazardous work. The Committee notes the Government’s indication that regulations are constantly being reviewed to identify the types of work that are likely to be harmful to the health of children and to prohibit them. The Government also states that these reviews resulted, for instance, in the adoption of Royal Decree No. 13000 of 17 April 2002 that prohibits the use of children under 18 years of age for camel racing.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments under Convention No. 81, the Committee had noted that the Government recommended to compensate and give distinctions to inspection offices that are the most efficient in inspecting undertakings that are most likely to employ children (circulars Nos. 6552 of 18/4/1423, 12591/6 of 14/8/1423 and 158076 of 24/10/1423. The Committee had also noted that despite the low number of cases of child labour, the Government had decided to continue to supervise workplaces where violations were reported. The Committee notes that labour inspectorates are in charge of supervising the implementation of labour laws (section 24(a) of the Labour Code). To this end, labour inspectors are entitled to: (i) enter any establishments during working hours, without prior notice; (ii) conduct examinations or investigations that may be necessary to ascertain the proper enforcement of the Labour Code; (iii) question employers or employees; and (iv) examine all necessary documents (section 27 of the Labour Code). Labour inspectors shall also prepare a report on the contraventions observed (section 32 of the Labour Code), and prepare a monthly report on the labour inspection activities including the number and types of establishments inspected and the number and nature of the offences committed (section 34 of the Labour Code). The Committee requests the Government to continue to provide information on the activities of labour inspectors, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that, due to the absence of child labour in Saudi Arabia, it does not need to design any special programmes to eliminate the worst forms of child labour. The Committee reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Saudi Arabia.

Article 7, paragraph 1. Penalties. The Committee observes that, by virtue of section 204 of the Labour Code, an employer who employs a child under 18 years of age in hazardous occupations is liable to a fine of 500-1,000 riyals and shall pay compensation for the damage resulting from such violations. The Committee requests the Government to provide a copy of the legislation that provides for sanctions for the violation of the provisions prohibiting slavery or practices similar to slavery such as the sale and trafficking of children, and forced or compulsory labour. It also asks the Government to provide a copy of the legislation that provides penalties for the use of children for the purpose of sexual exploitation (including prostitution and pornography).

Camel jockeys. The Committee notes that, according to Royal Decree No. 13000 of 17 April 2002, the owner of a camel who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning, receive the prize. The Committee requests the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is liable to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an under-age jockey may not have won. It also asks the Government to provide information on the practical application of the abovementioned Decree.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indication that Saudi Arabia provides all the necessary services to all categories of population within its society. Such services include free education and health care which, according to the Government, contribute to avoiding the employment of children in the worst forms of child labour. The Committee nevertheless takes note of the absence of precise information in the Government’s report on the existence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (d) identifying and reaching out to children at special risk; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (d) and (e) of the Convention.

Article 7(a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children for labour or sexual exploitation. The Committee notes that, according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee had also noted in its observation on the application of Convention No. 29 by Bangladesh that the Government of Bangladesh itself ("Children in need of special protection" of December 2000 drafted by the Ministry of Women and Child Affairs of Bangladesh) was aware of children being trafficked from Bangladesh to Gulf States. The Committee also observes that, according to the UNESCO Trafficking Statistics Project, approximately 10 per cent of women prostitutes are under 18 years of age in Saudi Arabia. The majority of these girls were trafficked from Indonesia to Saudi Arabia for the purpose of sexual exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of girls and boys under 18 years of age into Saudi Arabia for labour or sexual exploitation.

2. Ensuring access to free basic education. The Committee notes that, according to section 30 of Royal Decree No. A/90 dated 1 March 1992, "the State makes education available and adheres to the principle of eradicating illiteracy". It also notes the Government’s indication to the Committee on the Rights of the Child (CC/C/61/Add.2, 29 March 2000, pages 12 and 68) that it provides free education for all categories of children and that elementary education is compulsory for all boys and girls, pursuant to section 1 of the Sixth Development Plan (1995-2000). The Government further states, in its report to the Committee on the Rights of the Child, that 4 million pupils are enrolled in primary education and that in 1993 the academic success rate was 83 per cent, the drop-out rate was 10 per cent and the average number of students completing primary education was 92 per cent. However, the Committee notes that, according to the UNICEF Basic Statistics on Saudi Arabia, the net primary school enrolment was 58 per cent from 1996 to 2002. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the measures taken or envisaged to improve access to free basic education for all children.

Article 8. International cooperation. The Committee notes that Saudi Arabia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes the Government’s indication that Saudi Arabia supports and provides assistance to poor, developing countries to combat poverty and promote education. The Committee asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government's indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents, including inspection reports, studies and inquiries and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee had noted, in its 2003 observation on the application of Convention No. 29, that the Government is in the process of examining a new draft Labour Code. The Committee hopes that the new labour legislation will take into account the points raised above. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.