Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saudi Arabia (Ratification: 1978)

Referring to its 1993 observation, the Committee takes note of the statement of the Government representative at the Conference Committee in 1993 and of the discussion that took place. It also notes the observations of the International Confederation of Arab Trade Unions (ICATU) dated 17 March 1993, and the Government's reply according to which it has always respected its constitutional obligations under articles 19 and 22 of the ILO Constitution. It also notes that the Government rejects all ICATU's comments.

1. The Committee notes that ICATU's comments concerned discrimination in employment allegedly suffered by women and minority groups such as Saudi Shiite Muslims. The Committee regrets that the Government did not reply in detail, especially as the Committee has raised questions concerning the Shiite minority in previous direct requests. It would like to receive precise information on the points raised by ICATU.

2. In its previous comments, the Committee had noted the Government's statements that the Convention was respected through the Shariah (which constitutes the fundamental law of the country) because it preached equality and justice. The Committee notes the Government's position, which it repeated before the Conference Committee, according to which a country which has a legal system founded on the Shariah cannot be judged in the same way as a country using positive law. The Committee must recall that, in ratifying the Convention, member States undertake to eliminate all discrimination based on the criteria enumerated in Article 1, paragraph 1(a) of the Convention and to declare and pursue a national policy to promote equality in employment, in conformity with Article 2. The Committee recalls that the Convention leaves to each country the choice of methods which, taking into account the national conditions and practice, will appear to be the most appropriate. The implementation of the aims of the national policy can be gradual, although some obligations apply immediately, such as the elaboration of this policy, the repeal of statutory provisions contrary to this policy, the abolition of discriminatory administrative practices and the requirement to report on the results achieved to this end.

3. Regarding section 160 of the Labour Code, under which "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtances thereto", the Committee notes that the Government representative again referred to the Islamic traditions in force to justify the maintenance of this provision, which the Committee had requested be repealed. It also notes that, according to the Government representative, this prohibited co-mingling at the workplace requirement does not affect equality of opportunity and treatment vis-à-vis women in employment or occupation as it only applies after recruitment. He stated that women had access to employment suited to their nature. The Committee notes that the Government states that this measure cannot be repealed since it derives from current Islamic traditions and that its aim is to protect the honour and virtue of women. The Committee notes once again that section 160 of the Labour Code has the effect of prejudicing equality of opportunity and treatment between men and women and is therefore incompatible with the Convention. The prohibition on men and women being together at the workplace results in occupational segregation according to sex since it restricts women to jobs where they will only be in contact with other women and which are deemed to be suitable to their nature and not contrary to current traditions. The Committee requests the Government to re-examine the situation in the light of the above comments and to inform it, in its next report, of the measures taken in this respect.

4. Regarding vocational training, the Committee recalls that the same approach as that referred to above in point 3 is applied towards women in this area. It recalls that training is the key to promotion of equality of opportunity, and that discrimination carried out in regard to access to training will later be perpetuated and accentuated when it comes to access to employment and occupation. It thus requests the Government to indicate the measures it intends to take to allow women access to vocational training in areas which are not traditionally "feminine" so that women may have the same opportunities as men, in conformity with the Convention. The Committee trusts that the Government will be in a position to supply information on this in its next report. The Committee reminds the Government that the Office is at its disposal for any technical assistance that might help overcome the difficulties in the application of the Convention.

5. The Committee is also addressing a direct request to the Government on a number of points.