Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Saudi Arabia (Ratification: 2001)

Other comments on C182

Observation

2016
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Direct Request

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Articles 3(a) and 7(1) of the Convention. Forced labour of children and penalties. Child begging. The Committee previously noted that the penalties provided in Order No. 1/738 for the offence of hiring children for the purpose of begging were not sufficiently effective and dissuasive. In this regard, the Government stated that a regulation, which aims to ensure the prosecution and conviction of persons who involve children under 18 years in begging, was being examined. The Committee also noted with deep concern that, according to the Government’s information, there were about 83,000 child beggars in the Kingdom. The Committee recalled that, pursuant to Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions.

The Committee notes the Government’s indication in its report that section 3 of the Regulations of A.H. 1431 (A.D. 2010) related to combating human trafficking specifies a penalty of a maximum sentence of imprisonment of 15 years or a maximum fine of 1 million Saudi Arabian riyals (SAR) or both, for the crime of child labour for the purpose of begging. The Committee requests the Government to take the necessary measures to eliminate the using, procuring and offering of children for begging, and to provide information on the application in practice of section 3 of the Regulation related to combating human trafficking, particularly on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the use of child labour for the purpose of begging.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. Children engaged in begging. In its previous comments, the Committee noted that the Ministry of Social Affairs established the Anti-Begging Office. The Committee also noted that the majority of persons involved in begging were foreign nationals, and if found to be undocumented or illegal residents, these children were deported within a period of two weeks from their arrest. Moreover, there was no effort made to distinguish between trafficked and non-trafficked children. The Committee further noted the Government’s indication that an estimated 6,139 children were provided with services through the Centre for Foreign Child Beggars in Mecca, Jeddah and Medina, while 6,072 child victims of begging have been provided with support for their repatriation and family reunification. Moreover, foreign child victims of begging whose parents cannot be identified are also accommodated by the Centre for Foreign Child Beggars, where they received medical, social, and psychological services. However, the Committee observed with concern that the number of child beggars who benefited from support services is low comparatively to the overall number of street children and child beggars in the country (83,000 according to the Government).

The Committee notes the Government’s indication that, through the offices of the Anti-Begging Department, the Ministry of Labour and Social Development plays an active role in combating begging in collaboration with the Standing Committee to Combat Trafficking in Persons. Any identified persons under the age of 18 are sheltered at the Child Sheltering Centres and provided with protection, social, health and psychological care. The Standing Committee also coordinates with competent bodies for the repatriation of human trafficking victims. The Committee also notes the Government’s information that, three children, who were smuggled into the country and found being used for begging in Riyadh, were apprehended and sheltered at the sheltering centre affiliated to the Anti-Begging Office. They were provided with adequate care in addition to cooperation with their home country for the repatriation. The Committee further notes that, according to the Government’s replies to paragraph 13 of the list of issues in relation to the combined third and fourth periodic reports of Saudi Arabia to the Committee on the Rights of the Child (CRC/C/SAU/Q/3 4/Add.1), the number of beggars recorded in the year A.H. 1436 (A.D. 2014–15) was 12,419 persons, of whom 87 per cent were not citizens of Saudi Arabia, and 34 per cent were children. The Committee requests the Government to pursue its efforts to provide appropriate services to children engaged in begging to facilitate their rehabilitation and social integration, and to provide information on the results achieved. With regard to child beggars who are foreign nationals, the Committee requests the Government to continue to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

The Committee is raising other points in a request addressed directly to the Government.