Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Arabia Saudita (Ratificación : 2001)

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.