Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

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.