Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

National equality policy. For many years, the Committee has been calling on the Government to take measures to declare and pursue a national equality policy as required under Article 2 of the Convention, addressing at least all the grounds set out in Article (1)(1)(a). Terms of reference had been provided by an ILO high-level mission on the development of a national equality policy, including regarding the establishment and mandate of a multi-stakeholder task force. The Committee notes the Government’s indication that the Ministry of Labour shall communicate with the relevant bodies, including the Human Rights Commission, with a view to examining the setting up of a working team responsible for the preparation of a national equality policy. The Government also expresses its desire for ILO assistance in this process. Trusting that the multi-stakeholder task force will be established in the very near future, the Committee urges the Government to take concrete measures, without further delay, to develop and implement 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. Please provide specific information on the steps taken in this regard, including with a view to securing ILO technical assistance. Noting that no information has been provided 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, the Committee again requests the Government to provide this information.

Legislation. The Committee notes that the Government provides no information in response to the concerns raised previously regarding the absence of specific provisions prohibiting discrimination in employment and occupation. In the light of the serious concerns regarding discrimination in employment and occupation which have been raised by the Committee for many years, as well as by the Conference Committee on the Application of Standards, the Committee urges the Government to take steps 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, covering all workers and all aspects of employment, and ensuring effective means of redress. Please provide specific information on the concrete steps taken in this regard.

Scope of protection. The Committee had previously 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 the Government’s indication that some provisions of the Labour Code apply to casual, seasonal and temporary workers, and that the rules for the regulation of part-time work are to be issued by the minister. The Government indicates further that domestic workers and similar workers, though excluded from the scope of the Labour Code, are able to complain to special committees and then to the courts if necessary. With respect to the adoption of the regulation on domestic workers and similar workers which was under preparation, the Committee notes that the Government states that it has been submitted to the Cabinet of Ministers for adoption. Noting the general information provided by the Government in this context, the Committee again requests 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 continue to provide information on the status of the adoption of the regulation on domestic workers, and to provide a copy once it has been adopted. Please also provide specific information on any rules adopted for the regulation of part-time work. The Committee also again urges the Government to ensure that any new legislative non-discrimination provisions cover all workers, including those who are presently excluded wholly or partially from the scope of the Labour Code.

Equal opportunity and treatment of men and women. The Committee had noted previously the significant occupational sex segregation of the Saudi labour market, with women being concentrated in education, health and social work. It had also noted that although the legislative prohibition of women and men working together had been repealed, there was very little awareness of this change. The Committee notes the Government’s indication that the National Employment Policy has been adopted, which addresses the expansion in employment opportunities of women. The Committee also notes the adoption of the Ninth Development Plan (2010–14), according to which, by the end of 2008, women’s labour force participation was 11.5 per cent. Women constituted only 12.8 per cent of total Saudi employment, with 77.6 per cent of total female employment in the education sector. The unemployment rate was 6.8 per cent for men and 26.9 per cent for women. The objectives of the Development Plan include, “[increasing] the overall participation rate, particularly that of females, in an effort to enhance economic empowerment of women”; “promoting participation of women in economic activity, and providing the facilities required to increase their participation”; and “consolidating and enhancing qualitative progress in education of Saudi girls at all stages of education”. The Committee also notes the Government’s acknowledgement in its report that while there is a rising trend in women assuming leadership positions, there is a need to be more proactive in increasing job, educational and training opportunities for women. The Government also provides information on training initiatives, indicating that in 2009 there were more than 55,000 female trainees in the areas of technical and vocational training at government and non-governmental centres and institutes. Noting that the Government refers to training programmes for occupations “which suit women”, the Committee recalls the importance of avoiding stereotyped assumptions in training and employment with respect to women’s suitability and capability for certain jobs as this will limit their employment opportunities. The Committee asks the Government to provide information on the specific measures taken pursuant to the Ninth Development Plan and the National Employment Strategy to increase the labour market participation of women, including the training and facilities provided, as well as the measures taken to improve education for girls to expand their future employment opportunities, and the impact of such measures. The Committee also asks the Government to take concrete measures to address occupational sex segregation, with a view to providing opportunities for women in a wider range of sectors and occupations, including higher level and decision-making positions, and in those areas that have been traditionally dominated by men, and to provide information on the results achieved. Please also provide specific information on the measures taken, as requested previously by the Committee, to ensure that workers and employers and their organizations are aware that the law no longer prohibits women and men from working together, and the specific steps taken to address de facto workplace segregation. The Committee also requests information on the establishment, mandate and activities of the Higher National Committee for Women’s Affairs.

Sexual harassment. The Committee previously raised concerns regarding the absence of legislation addressing sexual harassment, and the particular vulnerability of domestic workers to such harassment. The Government replies in very general terms that it does not tolerate cases of molestation of female workers, including female domestic workers, and that anyone who sexually molests a female worker would be subject to legal sanctions. The Committee draws the Government’s attention to the fact that sexual harassment in employment and occupation is not limited to crimes of a sexual nature, to which the Government appears to be referring, and covers a wider range of situations. The Committee notes that without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it is doubtful whether sexual harassment in all its forms is being effectively addressed. The Committee, therefore, asks the Government to take steps to include a provision in the Labour Code defining and explicitly prohibiting sexual harassment, in line with its 2002 general observation on this topic. With respect to domestic workers, the Committee also asks the Government to take the opportunity of the preparation of the regulation on domestic workers to address specifically the issue of sexual harassment, as these workers are particularly vulnerable to such harassment, and again asks the Government to provide information regarding any steps taken in this regard.

Restrictions on women’s employment. The Committee recalls the protective measures set out in section 149 of the Labour Code, confining women to jobs that are “suitable to their nature”. The Committee notes that the Government provides no reply to its request to amend section 149 with a view to ensuring that any protective measures are strictly limited to maternity protection. In reply to the Committee’s request for clarification of the meaning of “suitable to them” in the Order of 21 July 2003 approving women’s participation in international conferences suitable to them, the Government states that it refers to conferences that are suitable to the specialized work undertaken by women or any conference which is specifically for women. The Committee also notes from the report of the Special Rapporteur on violence against women, its causes and consequences, that the criteria governing work that can be undertaken by women remains regulated by paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987) (A/HRC/11/6/Add.3, 14 April 2009, paragraph 29). Paragraph 2/A sets the following criteria for women to work: (a) the need for the woman to work; (b) permission of her guardian; (c) suitability of the work to a woman’s nature and not distracting with regard to her household and marital duties; (d) sex-segregated workplace; and (e) women’s compliance with notions of dignity and modesty and Islamic dress code. The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity between men and women in employment and occupation and should be repealed. Concerned at the legal framework which places severe limitations on women’s employment, the Committee urges the Government to amend section 149 of the Labour Code, and repeal paragraph 2/A of Council of Labour Force Order No. 1/19M/1405 (1987), with a view to ensuring that any protective measures are strictly limited to maternity protection. The Committee also asks the Government to amend the Order of 21 July 2003 approving women’s participation in international conferences suitable to them, to ensure that women are able to participate in international conferences in the course of employment and occupation on an equal footing with men.

Discrimination against migrant workers. The Committee must note with regret that the Government once again provides no response to its previous comments and those of the Conference Committee on the Application of Standards, raising concerns regarding discrimination against migrant workers. The Committee notes, however, from the report of the Special Rapporteur referred to above, which highlights the risk of exploitation and abuse of migrant workers due to the kafala (sponsorship) system, that the kafala system was recently under review by the Ministry of Labour (ibid., paragraphs 63–65). The Committee once again urges the Government to take measures to address the issues of discrimination and exploitation of migrant workers, including providing legal protection to migrant workers against discrimination on all the grounds enumerated in the Convention, as well as accessible dispute resolution mechanisms. The Committee also asks the Government to provide specific information on the review of the kafala system being undertaken by the Ministry of Labour, including the methodology being used, any resulting conclusions or recommendations, and follow-up. The Committee again urges the Government 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 to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination based on religion. The Committee notes the Government’s indication that the State has started to encourage and promote the values of religious tolerance, including the adoption of national dialogue involving all citizens regardless of creed, and attempting to address hatred and violence against non-Muslims. The Committee asks the Government to provide information on the specific measures taken to encourage and promote religious tolerance, and the results achieved. Please also provide information on specific measures taken to address discrimination based on religion in employment and occupation.

Dispute resolution and human rights mechanisms. The Committee previously raised concerns regarding the inadequacy of the dispute resolution mechanisms in addressing issues of discrimination, including for migrant workers. The Committee notes that the Government again indicates that there have been no complaints of discrimination in employment and occupation. The Government also indicates that the Human Rights Commission is carrying out a national programme to disseminate a culture of human rights, including raising awareness through media, lectures, symposia and publications aimed at changing cultural and social stereotypes with a view to eliminating discrimination. The Government also indicates that the Ministry of Justice has drafted a strategy for the development of the judiciary, proposing the establishment of specialized women’s units at the justice departments and within justice bodies, to receive women’s claims, and staffed by female administrative staff, women specializing in the sharia, and female legal counsellors. A unit providing for mediation regarding issues concerning women has also been proposed. The Government also refers to Royal Decree No. 8382/mb of 28/10/1429 (2008) which provides for the establishment of women’s units in courts and justice secretariats under the supervision of an independent women’s administration; procedures to address delays that jeopardize women’s rights and stop violence against them because of a lawsuit, and the adoption of sanctions; addressing women’s complaints and seeking a clear and sound manner of receiving, investigating and resolving such complaints; and increasing women’s awareness of their rights through media. The Committee asks the Government to continue to provide information on the measures taken by the Human Rights Commission to raise awareness regarding discrimination, particularly regarding any activities addressing specifically discrimination in employment and occupation. Please also provide information on the measures taken to implement the strategy for the development of the judiciary and Royal Decree No. 8382/mb. The Committee also requests the Government to clarify whether it is envisaged that women will be included on the Human Rights Commission and the courts, having the same status and responsibilities as men, and to provide information on any progress made in this regard. The Committee also asks the Government to continue to provide information on 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. The Committee also once again 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.