Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Arabia Saudita (Ratificación : 1978)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously requested the Government to take the necessary measures to ensure that all workers, including domestic workers, are protected in law and practice against all forms of sexual harassment in employment and occupation and to provide for adequate means of redress. In response, the Government reiterates that there are general regulations in place to protect and safeguard the dignity and rights of human beings and that the means of redress and protection are available to all. With regard to the workplace, the Government indicates that it is possible to initiate a lawsuit through the programmes of the Labour Relations Department by electronic mail, text message or calling the hotline. Complaints received through the hotline are referred to the competent committee for follow-up action, in addition to guidance provided to the complainant. The Committee notes however that the Government’s report does not provide any further information on the follow-up given by the Ministry of Labour to the recommendations of the Tripartite Social Dialogue Forum on a decent work environment for women, including the drafting of a regulation with the Advisory Council for Women’s Work that would address the issue of sexual harassment and examination by the competent authorities of the possibility of penalizing sexual harassment. Over the years, the Committee has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights (see 2012 General Survey on the fundamental Conventions, paragraph 789). It recalls its general observation of 2003 highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo (any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job) and hostile work environment (conduct that creates an intimidating, hostile or humiliating working environment for the recipient).

Therefore, the Committee reiterates its concern regarding the absence of specific legislation on sexual harassment in the workplace, including of a definition which encompasses the two components of sexual harassment set out above. It also draws the Government’s attention to the fact that, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not on the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey, paragraph 792). In light of the Government’s intention to develop a national equality policy with the technical assistance of the ILO, the Committee recalls that such a policy should also aim to address all forms of sex discrimination, including sexual harassment in employment and occupation, and requests the Government to include in this process the adoption of effective measures to prevent and address sexual harassment in the workplace. In connection, it reiterates its request to the Government to provide information on any follow-up given to the recommendations submitted by the Tripartite Social Dialogue Forum with regard to addressing the issue of sexual harassment and on the regulation being prepared with the Advisory Council for Women’s Work. Please also provide information on any developments regarding the adoption of the draft regulation penalizing crimes against men and women employees and its content.

Articles 1(1)(b) and 2. Promoting employment of persons with disabilities. The Committee notes with interest the information provided on programmes promoting employment of workers with disabilities, in particular through the “Tawafoq programme” launched in 2012. The latter aims to encourage the employment and work of persons with disabilities to enable them to obtain decent job opportunities which are appropriate to their capacities and qualifications while providing facilitating services to help them in their jobs. The Committee notes the detailed information in the Government’s report on five projects developed under the “Tawafoq programme” in 2015. With regard to the project on the development of legislation on the work of persons with disabilities, the Committee notes that the key achievement of this project has been the adoption of section 10 of the implementing regulation issued by virtue of Ministerial Order No. 1982 of 6 April 2016 – which implements section 28 of the Labour Law – which defines “person with disability” and provides for certain obligations for enterprises including the provision of reasonable accommodation. Furthermore, a detailed study was prepared on the manner in which effect could be given to section 28 of the Labour Law regarding quotas for the employment of workers with disabilities in private sector companies. The Committee notes that, in May 2016, four guidance booklets on the employment of persons with disabilities were printed and posted electronically on the Ministry’s website. The Committee encourages the Government to continue to provide information on the implementation of the different programmes for workers with disabilities, including statistics disaggregated by sex on the number of beneficiaries and their impact in practice in terms of the employment of men and women with disabilities.