Demande directe sur la soumission aux autorités compétentes (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Arabie saoudite

Submission. The Committee notes the information provided by the Government in July 2025, indicating that the three instruments adopted by the Conference at its 111th Session were submitted to the Council of Ministers on 14 July 2025. The Government also reiterates that the instruments adopted by the Conference at its 103rd, 104th, 106th and 108th sessions were previously submitted to the Council of Ministers. In reply to the Committee’s requests to provide information on the submission of the pending instruments to Shura Council (Majlis Ash-Shura), the Government indicates that the procedure followed for the submission of ILO instruments to the Council of Ministers is in accordance with the laws of the Kingdom of Saudi Arabia and its obligation under article 19 of the ILO Constitution. The Government adds that, according to the Kingdom’s Basic Law of Governance, the Council of Ministers is considered the competent authority as it holds the relevant legislative powers. In this regard, the Government refers to Part II of the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, adopted by the Governing Body in 2005, which defines the “competent authority” as the body that, under the Constitution of each State, has the power to legislate or take other actions necessary to implement Conventions and Recommendations. The Government also indicates that the Shura Council is an advisory body, not a legislative body, which reviews proposed laws, offers non-binding recommendations, can suggest amendments to the Council of Ministers and is competent to study and express opinions on ILO Conventions whose ratification is proposed by the Council of Ministers. The Government adds that only when the Council of Ministers proposes the ratification, acceptance or accession to international treaties or Conventions, are the proposed ratifications submitted to the Shura Council.

While taking due note of the above information, the Committee wishes to recall that, in addition to the above, Part II of the above-mentioned Memorandum also states that even where legislative power is vested in the executive, it is in conformity with the spirit of article 19 of the ILO Constitution and established practice to arrange for the examination of the instruments adopted by the Conference by a deliberative body, where one exists. In such cases, discussion in such a body, or at least informing the assembly, can constitute an important factor in the complete examination of a question and in a possible improvement of the measures taken at the domestic level to give effect to the instruments adopted by the Conference. The Committee also recalls that over the years it has expressed its view that the Shura Council would appear to correspond most closely to the deliberative assembly envisaged by the 2005 Memorandum and to which the instruments adopted by the Conference should be transmitted at least for information purposes. In this respect, the Committee recalls that it had, in the past, considered that Saudi Arabia was in compliance with its submission obligation when, following its examination of ILO instruments pending submission, the Council of Ministers would transmit them to the Shura Council, even in the absence of a recommendation for ratification. In light of the above, the Committee once again urges the Government to specify the date of submission to the Shura Council (Majlis Ash-Shura) of the instruments adopted by the Conference at its 103rd and 104th Sessions. In addition, the Committee once again requests the Government to provide information on the submission to the Shura Council of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted by the Conference at its 106th Session (June 2017); the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019, adopted by the Conference at its 108th Session (June 2019); and the Safe and Healthy Working Environment (Consequential Amendments) Convention (No. 191) and Recommendation (No. 207), 2023 and the Quality Apprenticeships Recommendation, 2023 (No. 208), adopted by the Conference at its 111th Session (June 2023).

The Committee trusts that the Government will provide the information requested without further delay.