Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Arabie saoudite (Ratification: 1978)

National equality policy

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

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

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

Equal opportunity and treatment for men and women

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

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

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

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

Migrant workers

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

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

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

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

Discrimination based on religion

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

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

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

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

Dispute resolution and human rights mechanisms

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

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

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

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