Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)

A Government representative referred to the ILO High-level Mission that had visited Saudi Arabia in September 2006. The mission had observed the level of economic, political and social progress witnessed by the country and the changes in the composition of the labour market. The mission had drafted recommendations which were being taken into account by the relevant State bodies. Since 2006, there had been positive developments, including the promulgation of the Labour Code, which was the outcome of the inputs of national experts in consultation with ILO experts and the social partners. The Labour Code was comprehensive and took into account the majority of the Committee of Experts’ observations. In this regard, the speaker underlined that the majority of laws (especially the Labour Code), regulations, instructions and the decisions of the Shura Council and the Council of Ministers, reaffirmed that the official policy was based on combating all forms of discrimination, segregation or exclusion on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, in conformity with Article 1 of the Convention. He stated that Saudi society was based on equality in rights and obligations, in line with the Constitution and the rules of Islamic Sharia which prohibited all forms of discrimination, exploitation or injustice. With respect to persons residing in Saudi Arabia, he indicated that there was no discriminatory policy, declared or hidden, towards these persons, whose numbers exceeded 11 million. They contributed without any discrimination or segregation to the sustainable development of Saudi Arabia as well as to the development of their countries of origin through their remittances, and the experience they acquired. Concerning the legislation in force, all regulations were based on the prohibition of discrimination or segregation in treatment between citizens or between citizens and migrant workers, as evidenced by the Labour Code. There was no distinction between men and women, or between citizens and non-citizens.

Concerning the specific issues raised by the Committee of Experts, he stated that section 6 of the Labour Code regulated casual, seasonal and temporary work without any discrimination between such workers and permanent workers as to obligations, maximum number of hours of work, weekly and daily rest periods, overtime, official holidays, training, occupational safety and health and occupational accidents. All workers could resort, on an equal footing, to dispute settlement bodies. The Ministry of Labour had launched a huge project, the cost of which exceeded US$26 million, for the development of such labour dispute settlement bodies. As regards domestic workers, the speaker highlighted that the Ministry of Labour had exerted efforts, in collaboration with the National Agency for Human Rights and the Shura Council, which had resulted in the adoption of a regulation on domestic workers, which took into account the principles enshrined in international labour standards and was currently before the high authorities for decision. Concerning the legal protection of all categories of migrant workers and the regulation of the labour market, he indicated that the Ministry of Labour had taken several measures, including the protection of wages system which monitored all financial entitlements to be paid to workers in the private sector, and the programme for insuring domestic workers which safeguarded the rights of domestic workers. In this regard, a regulation had also been adopted on the work of recruitment agencies, which were made subject to the monitoring of the Ministry of Labour in order to regulate the market of migrant workers so as to ensure the protection of their rights as well as the interests of employers. The Council of Ministers had, therefore, authorized the Minister of Labour to negotiate and sign bilateral agreements with the countries of origin of domestic workers. A model for such a bilateral agreement inspired by international labour standards had been adopted. Its aim was to regulate the relationship between the domestic worker and the employer in order to safeguard the rights of both parties. Last month, the first of such agreements had been signed with the Government of the Philippines. Consultations were under way with other labour-supplying countries of origin for the conclusion of similar agreements.

With respect to the Committee of Experts’ observation on the sponsorship issue, the speaker stated that sponsorship did not exist in Saudi Arabia and that the Labour Code had been amended to regulate the relationship between the employer and the worker, based on a contract. The Labour Code did not discriminate between men and women in rights and obligations nor as regards equal opportunity and treatment in employment and occupation. His Government objected to the Committee of Experts’ comments concerning the term “specific nature of women’s work”. Section 149 of the Labour Code sought to prohibit employers from employing women in such occupations which jeopardized women’s health, or were likely to expose them to specific risks; such work was prohibited or restricted under specific conditions. In this context, section 150 of the Labour Code regulated night work of women. Furthermore, several measures had been taken by the Ministries of Education, of Higher Education and of Labour, the Shura Council, the General Agency for Technical and Vocational Training, the Human Resources Development Fund and other bodies, to increase women’s participation in higher-level and in non-traditional positions. Women also had the right to nomination and election for municipal councils. After the visit of the High-level mission, the Council of Ministers had promulgated Decision No. 158 of 18 June 2008 approving the national plan for training at the General Agency for Technical and Vocational Training. With respect to women’s participation in committees and courts, a Royal Decree had been promulgated to set up women’s units in courts under the supervision of an independent women’s department in the main office of the judiciary. Furthermore, programmes aimed at women’s employment had been launched with success. Thus, more than 180,000 women had been employed in the last two years, which was more than triple the number employed in three decades. A third social symposium on women’s employment was scheduled to be held in the forthcoming months, in collaboration with the ILO. With regard to sexual harassment, the Government considered that this phenomenon did not exist in Saudi Arabia. However, the penalization of sexual harassment was currently being considered by the relevant bodies. In this regard, he underlined that the right to prosecute was guaranteed to all citizens and residents in the country. In practice, labour inspectors or the bodies in charge of labour dispute settlement had not received any cases related to discrimination in employment and occupation. His Government requested that the case be removed from the list of individual cases, and it continued to be committed to collaborating with the ILO and its bodies to ensure compliance with international labour standards.

The Worker members observed that, according to the Government’s information, Saudi Arabia would appear to be an exemplary country in terms of discrimination. However, the Convention required countries to take specific action to fight all discrimination in law and in practice and to have a national policy to actively promote equal opportunities and treatment in employment and occupation. They recalled that in 2006 an ILO High-level mission had made proposals to the Government, including carrying out a national survey of the situation in the country, developing an action plan and putting together a multi-stakeholder task force. With regard to legislation, the 2006 Labour Code still did not contain any specific provisions defining and prohibiting discrimination in employment and occupation. Concerning agricultural and domestic workers, according to the Government, the Ministry of Labour viewed it as a priority to draft regulations specifically for agricultural and rural workers. The Ministry had also prepared a document to ensure that domestic workers were paid their wages and had medical coverage, but this did not specifically provide for protection against discrimination. With regard to migrant workers, the Government had recognized that the recruitment system (sponsorship) could be open to exploitation and abuse and had undertaken to abolish it. Meanwhile, the Ministry of Labour had taken a number of steps to better protect migrant workers, such as: creating a department for the welfare of expatriate workers; adopting regulations on recruitment agencies; drafting a model agreement for employers and domestic workers; and authorizing the negotiation of bilateral agreements with countries of origin of migrant workers. Concerning women, occupational gender segregation remained a dominant characteristic of the country, with women being confined to jobs “suitable to their nature”. The Government did not consider this to be discrimination but was nevertheless examining the possibility of revoking it. Regarding sexual harassment, there was no legislation, but the Government had reported that it was considering prohibiting such acts. With regard to the application of legislation, the Government indicated that no complaints of discrimination in employment or occupation had been made. The Worker members considered that the absence of complaints could be the result of the lack of an appropriate legal framework, the absence of practical access to procedures, or even due to fear of reprisals. The Government had referred to a royal decree of 2008 that provided for the creation of women’s units in courts and justice departments, but had not given any specific information on the implementation of that decree.

The Employer members recalled that the issues under discussion were similar to those examined by the Committee in 2005, particularly the lack of specific provisions in national legislation, and not specific violations relating to discrimination. The Government had demonstrated progress, and the activities that had been undertaken in this regard could inform the situation, given the lack of specific provisions in legislation addressing discrimination. Turning to the issue of a national equality policy, the Employer members recalled that while Article 2 of the Convention required the adoption of such a policy, the Convention did not specify what this policy should contain. In this regard, it was necessary to examine what had been done practically. Particularly, as called for by the Committee of Experts, a tripartite process to develop an action plan was underway in which the employers in the country were actively involved. However, much work remained. Saudi Arabia was a complex country, comprising a large number of specific groups within the population, as well as 10 million temporary migrant workers. On the issue of segregation, the Employer members underlined that it was important to examine whether women were actively prohibited or discouraged from working, or whether the labour force participation statistics simply reflected the particular norms in the country. Particularly, it was important to examine whether such statistics were a reflection of what was viewed as appropriate in the country, instead of reflecting particular barriers to participation. No country was free of discrimination, but in Saudi Arabia, discrimination did not appear to be encouraged or systemic. Referring to agricultural workers, the Employer members recalled that these workers represented a small percentage of the population, and that the Government was taking measures to address their situation. Concerning domestic workers, activities had been taken to protect this group in line with the spirit of the Domestic Workers Convention, 2011 (No. 189). These included the setting-up of banks accounts to ensure that domestic workers would be paid, measures against the confiscation of passports and access to dispute settlement procedures. While the Government needed to take further measures to ensure that migrant domestic workers were informed of their rights, countries of origin also had to take measures to raise awareness among migrant workers. The Committee of Experts’ observation referred to different facets of discrimination. In each instance, the Government had made it clear that it did not condone discrimination, and that it was working actively, albeit not legislatively, to address this. Specific legislative measures concerning discrimination could be beneficial, and the Government should be encouraged to take steps in this regard, as well as to continue to take practical measures.

The Worker member of the Philippines highlighted that Saudi Arabia was a country where 385,000 Filipino workers were deployed, 30 per cent of whom were low-skilled workers including domestic workers. Cases had been filed before the Philippine Overseas Employment Agency by domestic workers, in particular for maltreatment, abuse and violence against women. The Labour Code of 2006 excluded domestic workers from its coverage and draft regulations to cover domestic workers had not yet been adopted. He hoped that the bilateral agreements signed between Saudi Arabia and the Philippines on migrant domestic workers, as well as on a standard employment contract governing the employment of Filipino household service workers, would lead to the adoption of national legislation or regulations for domestic workers. In addition, over 9 million migrant workers constituted more than half the workforce in Saudi Arabia. Even though the Ministry of Labour had proposed to abolish the kafala system, the change had not taken effect so far. Moreover, Islamic law in the country did not guarantee equality for women. Information concerning the definition and prohibition of sexual harassment was not available. The biases built into law and practice therefore led to the differential treatment of foreign workers, including differences in pay, depending on their country of origin.

The Worker member of Indonesia highlighted that non-Arab persons of African and Asian origin were often victims of violence including at the workplace. She expressed serious concerns about the impact of the national “Saudization” policy, which aimed at reducing the number of migrants in favour of Saudi workers. Labour laws required a quota for Saudi employees in all businesses, and this was punishable with fines. As employers in small and medium-sized enterprises had largely refused to pay increased fees for work permits, which were aimed at creating jobs for Saudis, most migrant workers had become illegal, and lost their jobs and livelihoods. In 2013, foreign workers had stayed away en masse from their workplaces, as the Government had mounted a crackdown on illegal residents. Migrant workers had no basic political or democratic rights. As unions were illegal, the workers had recourse only in the labour court, but the possession of a foreign nationality could be a significant disadvantage in obtaining redress through the courts.

The Worker member of Canada highlighted that women accounted for only 4 per cent of the total workforce as well as 10.7 per cent of the national Saudi workforce, and that the labour market was segregated. Except four cases under new decrees, under the labour legislation, women must seek permission of their guardian in order to perform work that was not “suitable to their nature”. Women were not allowed to enrol in academic subjects such as legal services or engineering. The prohibition of driving resulted in additional transportation costs for employers to employ female workers. There were no laws criminalizing violence against women nor prohibiting sexual harassment at the workplace. There was limited information on sexual harassment, since raising a complaint was also problematic. In rape cases, the courts routinely punished both the victim and the perpetrator. Concerning racial discrimination, among over 9 million migrant workers continued to suffer multiple abuses and labour exploitation, sometimes amounting to slavery-like conditions. The proposal to abolish the kafala system had not yet taken effect. The Shia minority also faced discrimination, including in employment. The speaker expressed serious concerns about the impact of the national “Saudization” policy which aimed at reducing the number of migrant workers in favour of Saudi workers. Labour laws required a quota for Saudi employees in all businesses, and this was punishable with sanctions of fines. Labour laws also tightened the requirement that foreign workers should not be employed by anyone except their original sponsor. He also referred to discrimination concerning lesbian, gay, bisexual and transgender workers, and workers with disabilities, as well as the law requiring the deportation of any migrant worker who was found to be HIV positive. The lack of effective enforcement was also an issue. He urged the Government to urgently: (i) install effective and accessible complaint mechanisms and grievance procedures; (ii) suppress the obstacles for the recruitment and employment of women; (iii) establish a multi-stakeholder task force to develop and implement a national equality policy; and (iv) adapt the Residency Law to lift the requirement of the sponsor’s consent to change jobs or leave the country.

The Employer member of Saudi Arabia indicated that employers in the country had been invited on numerous occasions to discuss with the Ministry of Labour and the workers committees, amendments and additions to some of the labour laws and regulations, including those related to non-discrimination. They had also participated in drafting new regulations concerning domestic workers. New rules for migrant workers allowed such workers to transfer to new employers, and measures had been taken to ensure that such workers had recourse to exercise their rights. Several steps had also been taken concerning women’s participation in the workplace, including the annulment of the legislation relating to segregation in the workplace, the annulment of the requirement of the consent of a woman’s guardian for the issuing of a work permit, and the allocation of some jobs specifically for women to force more resistant private sector actors to employ them. Nonetheless the issue of discrimination remained, and further action by the society was needed to complement the action taken by the State. A recent survey had indicated that 54 per cent of women surveyed would only accept to work in a segregated environment and 80 per cent of women surveyed preferred to work from home. These figures were not presented as a defence of the situation, but to underline that realizing the goal of an integrated economy required a process that was inclusive, representative and respectful of differences. The situation in Saudi Arabia was complex, and therefore the employers in the country were examining methods appropriate to national conditions to address the participation of women in the workforce. This included highlighting and clarifying the true progressive nature of the role that Islam gave to women in society. Referring to several initiatives undertaken by employers in the country relating to women in the workforce, the speaker underlined that despite obvious limitations and challenges, progress in the country was clear.

The Worker member of Libya stressed that Islam drew no distinction between the rights and obligations of men and women, but that was not necessarily the case in Saudi Arabia. In that regard, the speaker referred to discrimination against women in terms of transport and recalled that Saudi Arabia was the only country that prevented women from driving cars, despite promises to change the position. The cost of transport was therefore higher for women than for men as they had to pay a driver. Although there were opportunities for women to work in the country, the price of transport nevertheless presented an enormous obstacle, particularly if women wished to join the labour market.

The Government representative expressed appreciation for the observations made by the Employer and Worker members and indicated that all comments would be taken into consideration. The Government’s policy of non-discrimination was based on principles enshrined in its national legislation. Moreover, migrant workers were an integral part of the process of sustainable development in the country and were treated on an equal footing with Saudi nationals. The Government would continue to work with its social partners so as to ensure better integration and a better working environment. Saudi Arabia hosted one of the largest numbers of migrant workers in the world. Thousands of cases of illicit workers had been resolved. Women, like men, had always been taken into consideration in the formulation of policy on education and vocational training. The Government representative emphasized that the Government attached great importance to its relationship with the ILO and would continue to collaborate with the ILO supervisory bodies to ensure the application of international labour standards.

The Worker members emphasized that the Convention was based on the theory that no society was free of discrimination and that all societies should therefore have an equality policy, not only to remove all discrimination from legislation and administrative practices but also to implement programmes to promote equality. They deplored the fact that the Government was making little effort to follow either the letter or the spirit of the Convention, despite the suggestions made by the ILO High-level mission in 2006. The Labour Code still did not formally prohibit either discrimination in employment and occupation or sexual harassment. Domestic workers enjoyed a certain degree of protection in terms of wages and medical care, but not against discrimination. Migrant workers were considered second-class workers and benefited only from certain specific provisions. Women were restricted to a limited number of occupations. The country had no judicial or administrative framework to identify or deal with discrimination in employment. As a result, the Worker members proposed that the Government accept an ILO direct contacts mission to identify exactly which legislation should be amended and to define what policies should be formulated to promote equality, 35 years after the Convention had been ratified.

The Employer members recalled the Worker members’ statement that no society was completely free of discrimination and that all countries had occasional instances of discrimination, including Saudi Arabia. However, the Government was very clear that it was moving in a direction consistent with the Convention and its stated position was that it neither condoned nor accepted discrimination. While some aspects of life in Saudi Arabia might appear to reflect discrimination, the Employer members cautioned that this was not necessarily the whole picture. Particularly, segregation in the labour force could instead be a reflection of the personal preferences of women. However, any specific barriers or prohibitions that prevented the realization of aspirations were unacceptable and should be addressed. The Employer members indicated that while there might have been situations of migrant workers being treated less favourably, it was important to understand the context. Particularly, migrant workers might not always be aware that they could have recourse to the court system, and this lack of knowledge needed to be addressed. The Employer members underlined that some measures had been taken thus far in a consultative tripartite manner, and that further measures in this regard were necessary. A direct contacts mission and the provision of expertise on a tripartite basis would be an important opportunity to ensure that the Government was aware of the various issues and provided with the necessary assistance. Such a mission could be very constructive, and should not be seen as a criticism.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed.

The Committee noted that it had last examined this case in 2005, at which time it raised issues concerning the need to declare and pursue a national equality policy, to provide effective legislative protection for migrant workers against discrimination, in particular to deal with the problems of domestic workers and those who required special protection against the effects of the foreign sponsorship system. The Committee had also raised concerns that women continued to be excluded from certain jobs and occupations, and requested the Government to take effective measures to promote and ensure the equal access of women to employment and all occupations.

The Committee noted the information provided by the Government in relation to recent developments, including the increase in the number of women in employment and the establishment of the National Observatory for Labour and the Virtual Labour Market, which the Government considered would support strategies for decent work without discrimination, including for women, persons with disabilities and marginalized groups. Regarding the exclusion of domestic workers and agricultural workers from the Labour Code, the Government indicated that these workers could still bring cases before the courts, though none had been filed. The Committee also noted the Government’s indication that there had been several initiatives to protect specifically migrant workers, including a programme for the protection of wages, new regulations for employment agencies, and negotiations on bilateral agreements with countries of origin, with an agreement having been concluded with the Philippines.

Acknowledging that no society is free of discrimination, the Committee noted that addressing discrimination was an ongoing process requiring regular action. The Committee noted that the national equality policy required under the Convention needed to be concrete, specific and effective. As the impact of the Government’s efforts in this area remained unclear, it urged the Government to ensure it had a national policy designed to promote equality of opportunity and treatment in employment and occupation, for all workers, with a view to the elimination, in the very near future, of any discrimination on all the grounds set out in the Convention. Given the very high number of migrant workers, it asked the Government to give particular attention to ensuring that the rights of migrant workers, including domestic workers, were being effectively protected, and that they were aware of their rights, and able to obtain appropriate redress in cases of discrimination and abuse. It also encouraged the Government to continue to negotiate bilateral agreements with countries of origin, which would ensure the rights of migrant workers once they were in the country, and also oblige the countries of origin to take measures for their protection.

The Committee requested the Government to accept a direct contacts mission with a view to assessing the situation on the ground and assisting the Government and the social partners to continue to make tangible progress in the application of the Convention. The Committee requested the Government to provide a report to the Committee of Experts, including detailed information regarding all issues raised by this Committee and the Committee of Experts, for examination at its next meeting.

The Government representative stated that the report and comments that the Government had provided to the Committee of Experts had been clear and comprehensive. There was strong technical cooperation with the ILO in different areas such as social dialogue and labour market policy. It would be important for the Committee to review the reports from other international organizations such as the Organisation for Economic Co-operation and Development (OECD) and the World Bank, which illustrated the manner in which his Government had taken the lead in many crucial areas. Although there was no reason to include the recommendation for a direct contacts mission into the Committee’s conclusions, his Government would be pleased to invite an ILO mission headed by the Director-General to visit Saudi Arabia in order to enhance technical cooperation relating to the application of the Convention.

Individual Case (CAS) - Discussion: 2005, Publication: 93rd ILC session (2005)

A Government representative assured the Committee of his country's commitment to comply with the ILO Conventions that it had ratified and that it was also envisaging the ratification of other Conventions. He described his country's cooperation with the ILO and mentioned, as an example, the technical assistance provided in the framework of the draft Labour Code, which had later been discussed in the Consultation Council before being submitted to the Council of Ministers. Various ILO technical missions had visited his country. He indicated that national laws and regulations were not discriminatory, and that the issues raised by the Committee of Experts could be the result of a problem in the supervision of their implementation. The Constitution of Saudi Arabia guaranteed human dignity, equality and justice, and prohibited any form of injustice.

His country regularly examined its legal texts with a view to improving them through reforms in all fields. Moreover, a number of reforms had been adopted which were beneficial to both Saudi nationals and foreign nationals. Examples included reforms for the promotion of women's rights in the fields of education, training and employment, while other measures were planned. In Saudi Arabia, there were 2,200,000 women students in higher education representing 50 per cent of all students while, in higher education women represented even 58 per cent of the students; 26 technical training facilities for women had been constructed and there was a plan to open 15 others. Women represented 24 per cent of physicians and 53 per cent of nurses. There were over 429,000 women working in 2004, a figure which would reach 847,000 in 2009, and 253,000 women were working in the public sector, representing 34 per cent of public servants as a whole. Moreover, national legislation guaranteed equality between men and women in respect of both rights and obligations. His Government had taken a number of measures intended to reinforce the labour inspection system so as to guarantee the application of the Conventions that had been ratified. Measures had also been taken to guarantee the rights of migrant workers and prohibit their inhumane treatment. While certain migrant workers could believe that their wages had been reduced upon arrival in the Kingdom, this was due to the fact that intermediate agencies in the country of origin of these workers were giving them misleading information about their wages and the nature of the work to be done. Consultations had been held with their countries of origin with a view to finding more appropriate solutions to the problems which arose. Measures had also been taken to prevent the confiscation of migrant workers' passports and to guarantee their freedom of movement in the country. To reinforce the application of these measures, the Ministry of Labour had established an administrative body responsible for the protection of migrant workers. In the same context the Minister of Labour had recently taken a decision concerning the prohibition of all form of human trafficking, including the sale of persons, non-compliance with contract obligations and inhumane treatment.

In conclusion, he emphasized that his Government was requesting the Office to send a technical assistance mission from the International Labour Standards Department to address the issues raised in the comments of the Committee of Experts concerning this Convention and the other Conventions ratified by his country.

The Worker members thanked the Government representative for the information provided and welcomed the Government's commitment to implement the Convention. They welcomed the statistics on the participation of women in employment and vocational training and the Government's request for technical assistance. They stated that the case of Saudi Arabia was mainly a case of allegations, requests and question marks. Despite the Government's good intentions, it had not provided much information on the issues raised by the ICFTU, and they supported the request made by the Committee of Experts to the Government to provide full and detailed information on this matter as quickly as possible. On a few points however, they wished to go beyond the questions and requests for information made by the Committee of Experts.

First, with respect to discrimination against migrant workers, the Committee of Experts had expressed concern at the effects of the foreign labour sponsorship system on migrant workers. Despite the seriousness of the allegations made, the Government's reaction to these allegations was not very convincing. According to the Government, there was no basis for discrimination in any form in the law and it was unaware of the alleged reduction of wages. The Government also claimed that, if these practices existed at all, they were isolated incidents and mainly caused by the malfunctioning and malpractices of mediating offices in sending countries. The concern of the Committee of Experts related to the fact that the legislation regulating the labour sponsoring system gave disproportionate powers to employers over migrant workers, which could lead to discrimination on the basis of race and national extraction with respect to their conditions of work. The Worker members called for the Committee's conclusions on the case to request the Government to clarify in its next report whether the present legislation and special regulations in practice afforded sufficient protection to migrant workers. If this was not the case, the Government would need to bring its legislation in line with the Convention.

Second, with regard to the adoption and implementation of a national policy to promote equality of opportunity and treatment, as required by Article 2 of the Convention, the Worker members referred to the comments of the Committee of Experts and urged the Government to take measures to address these gaps in the relevant legislation in line with the Committee of Experts' observations. They indicated that they wished to see this clearly reflected in the Committee's conclusions on this case.

Third, they referred to the comments made by the Committee of Experts with respect to discrimination against migrant workers on the basis of sex with particular reference to migrant domestic workers. The allegations included references to shortcomings in law and practice, in particular the fact that the Labour Code did not protect domestic workers. While this had not been denied by the Government, its position seemed to be that such protection by the law was not necessary as domestic workers were sufficiently protected by the habit of Saudi Arabians to treat them as members of their families. However, even if this was true, it would still be unacceptable for the Convention not to be implemented in law. The Worker members would have liked the Committee of Experts to be more precise and firm in its reaction to the Government's position. There was not a single indication in the report that legal measures to protect migrant domestic workers were indeed in place and the Government representative had not provided any information in this regard. It should therefore be clearly stated in the conclusions that such measures should be included in the relevant legislation, unless of course the Government could provide assurances that this was all a misunderstanding and that the relevant legal provisions did indeed already exist. In such a case, the Government was urged to make the relevant legal texts available to the Committee of Experts as soon as possible.

Fourth, with regard to section 160 of the Labour Code, even if this provision did not result in de facto segregation on the basis of sex, which was questionable, the section should still be repealed. Saudi Arabia had to implement the Convention in practice as well as in law. The legislation should be brought into line with the Convention. The Committee's conclusions should therefore encourage the Government to repeal section 160 of the Labour Code.

Finally, the Worker members recalled that Article 3(a) of the Convention provided that each country for which the Convention was in force had to undertake, by methods appropriate to national conditions and practice, to seek the cooperation of employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation. They requested the Government to explain in its next report the manner in which this Article was implemented and called upon the Government to seek the contribution of organized labour and business in Saudi Arabia in collecting the information to be supplied to the ILO.

The Employer members thanked the Government representative for attending the discussion of this case by the Committee and referred to the last occasion on which it had been examined by the Committee in 1993. The focus of the discussion on that occasion had been on the issue of equality of opportunity and treatment of men and women workers, particularly in view of the provisions of section 160 of the 1969 Labour Code, which proclaimed that in no case should men and women intermingle at the workplace. They recalled that 12 years had since elapsed, but the situation was still essentially the same, despite the fact that occupational segregation was in violation of the basic principles set out in the Convention. The second aspect of the discussion in 1993 had concerned the access of women to vocational education and training.

With regard to the comments made by the Committee of Experts this year, the Employer members noted the indication that other matters were being raised in a request addressed directly to the Government. They suggested that in future it would be useful if the Committee of Experts could give some indication of the subjects covered by such direct requests. One aspect raised in the comments of the Committee of Experts concerned discrimination against migrant workers, particularly on grounds of race, sex, religion and national extraction. In this respect, the Committee of Experts had placed emphasis on the difficulties faced by migrant workers in gaining access to the courts so as to be able to enforce the rights that were legally recognized. Paragraph 7 of the observation by the Committee of Experts was of particular importance. It drew attention to the obligation of the Government, under Article 2 of the Convention, to declare and pursue a national policy designed to promote equality of treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Employer members emphasized that much clearly remained to be done to give effect to this provision. They therefore proposed that the Government request the technical assistance of the ILO, which could be very helpful to the Government in establishing laws and regulations as a basis for a credible policy of non-discrimination in employment and occupation.

The Government representative thanked the Employer and Worker members for their comments and indicated that they would be taken into consideration. He recalled that the ILO had been created to safeguard the rights of employers and workers. In response to the comments made, he indicated that no restrictions were placed on the employment opportunities of migrant workers, who benefited from all the facilities available to workers of Saudi nationality. If they were seeking work, they could make use of temporary work agencies with a view to entering a new employment relationship. Employers of migrant workers did not have a hold over them and they were free to seek alternative employment. He said that his Government had devoted considerable attention to issues relating to domestic workers and that contacts and cooperation had been established between the Ministry of Labour and the authorities of the major sending countries. A new department had been established within the Ministry to look after the welfare of migrant workers and an emergency telephone line had been established for women domestic workers. Through these channels, migrant workers in Saudi Arabia could seek help, as well as assistance in finding alternative employment. In response to the comments made concerning section 160 of the Labour Code, he noted that its provisions were based on the societal culture in the country. He emphasized that men and women workers enjoyed exactly the same rights and freedoms, but that the work was performed in two different places. Finally, he re-emphasized that many training opportunities were being developed for women, including the establishment of 26 technical schools.

The Worker members thanked the Government representative for the additional information provided. However, this information had not removed their concerns, which they hoped would be reflected in the Committee's conclusions. Moreover, the conclusions should make the link between the matters that were of concern and the areas on which the proposed technical commission would focus. They emphasized that it was not enough for the Government to make promises, or just to say that the practices that were the subject of the comments of the Committee of Experts were a product of the national culture. The ratification of a Convention was an act of free will by a country and if the Committee of Experts demonstrated that the national legislation was not in accordance with the requirements of the Convention, the Government should amend its legislation as rapidly as possible to bring it into line in accordance with the recommendations of the ILO supervisory bodies.

The Committee noted the statement made by the Government representative of Saudi Arabia as well as the ensuing discussion. It noted that the observation of the Committee of Experts discussed by the Committee dealt with serious allegations made by the International Confederation of Free Trade Union (ICFTU) of substantial discrimination against men and women migrant workers on the basis of race, religion and sex, as well as occupational segregation on the basis of sex and the access of women to vocational training, education and particular occupations.

The Committee noted the information provided by the Government representative concerning a new draft Labour Code which was currently being examined. The Government had referred to the measures undertaken by it to improve the access to employment, education and training of women with a view to increasing their participation in the labour market. Statistics had been provided on the participation of women in the labour market, as well as information concerning the measures taken to protect domestic workers. The Government had reiterated its commitment to dialogue and its openness to ILO technical assistance.

The Committee noted the efforts made by the Government to promote and protect the rights of male and female migrant workers. It noted however that the practical impact of those efforts remained unclear, and that considerable problems appeared to exist in the application of the Convention in law and practice with regard to the situation of migrant workers. The Committee therefore emphasized the importance of carrying out a more detailed examination of the situation of men and women migrant workers with a view to determining the situation in practice, as requested by the Committee of Experts. The Committee invited the Government, as recommended by the Committee of Experts, to declare and pursue a national equality policy which covered all workers, including migrant workers, with a view to eliminating discrimination against them on all the grounds listed in the Convention. The Committee emphasized that such a policy had to include effective mechanisms to address existing discrimination, including remedies accessible to men and women migrant workers. In doing so, the Government should fully consult with and involve employers' and workers' organizations, as well as other appropriate bodies, in accordance with Article 3(a) of the Convention. The Committee also requested the Government to take the necessary measures to bring its legislation into line with the Convention so as to provide effective protection for migrant workers against discrimination, in particular measures to deal with the problems of domestic workers and of workers who required special protection against the effects of the foreign labour sponsorship system.

The Committee welcomed the efforts to promote women's access to vocational training and education in various disciplines and hoped that further progress would be possible in the future. However, the Committee continued to be concerned that women continued to be excluded from certain jobs and occupations. It requested the Government to take effective measures to promote and ensure the equal access of women to employment and all occupations.

The Committee noted, as indicated by the Committee of Experts, that section 160 of the Labour Code could result in occupational segregation by sex. The Committee hoped that the new Labour Code, which was currently under review would take into account fully the requirements of the comments of the Convention and the Committee of Experts, and the above section would be repealed.

The Committee welcomed the Government's request for a technical assistance mission and considered that this assistance should include all the points raised by the Committee of Experts and the Conference Committee concerning the effective application of the Convention in law and practice.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative stated, with respect in particular to the first point of the observation of the Committee of Experts that the provisions of the Islamic law (the Shariah) constituted the highest law and were the source of all the legislation. They constituted the written Constitution which called for equality in all areas of life without any discrimination on any grounds. The principles were promulgated in particular in the educational curricula and through mass media means.

Concerning section 160 of the Labour Code, referred to by the Committee of Experts in the second point of its observation, the Government representative stated that non-mixing of men and women in the workplace did not have any incidence on the rules concerning equality of opportunity and treatment in employment and occupation, because in the conditions of employment and in the choice of occupation this non-mixing of men and women arose only after the recruitment. The women were admitted to occupations that were in conformity with their nature. All occupations were open to them, but the employers were required to ensure that men and women did not actually work together in the workplace. It was a linguistic or semantic problem which made the Committee of Experts state that the choice was being made for women rather than by women. This measure was inspired by the current Islamic traditions aimed at protecting the honour and virtue of women. The repeal of this provision was out of the question. He thought that it would not be appropriate to apply the same rules and points of view to his country, which had a Constitution founded on Islamic law, as to the countries founded on positive law. It would be appreciated if a member of the Committee of Experts would have qualifications in Islamic law. Concerning the third point on equality in the area of vocational training, he recalled that the law of 1988 clearly stated that equality in employment was important. The Committee of Experts, however, had misinterpreted the Government's reply on this matter. The Government had supplied information on the vocational training. Concerning the points 4 and 5, he stated that the list of dangerous occupations could be supplied only after it had been adopted. Concerning the professions of doctors and judges, there was no institute for the training of doctors and this was learnt on the job. In relation to statistics referred to by the Committee of Experts, he stated that his Government considered it necessary that account be taken of the fact that, in his country, women were not obliged to work because the Shariah set out the obligation on the head of the family to provide for the needs of the spouse and the family.

The Workers' members noted the appeal made by the Government representative for dialogue in this Committee, but queried whether this would be possible if the Government continued to reply, each time there was a query as to the application of the Convention, that the measures were in conformity with Islamic law. Nor did a criticism of the Committee of Experts for not having an expert in Islamic law really help the Government's case, as the Committee's job was simply to know the Conventions and to examine any laws which might affect their application. Furthermore, they recalled that a member of the Committee of Experts was from Kuwait. Article 3 of the Convention required not only that the legislation be in conformity with the Convention, but also that the Government promote educational programmes designed to secure the acceptance of a national policy of equality of opportunity and treatment. In Saudi Arabia, however, there existed certain provisions which jeopardize such equality. For example, section 160 of the Labour Code provided that "in no case may men and women co-mingle in the place of employment". A law which prevented men and women from working together was likely to imply a measure of inequality. Yet, the Government representative had indicated that this provision could not be repealed because it was in conformity with Islamic law and had repeated that women should only occupy jobs which suited their nature and were not contrary to the traditions of the country. The Workers' members stressed that, in accordance with the Convention, women should have the right to take up any type of employment. The situation in Saudi Arabia appeared to restrict women from such opportunities. Despite the cultural and religious arguments put forward by the Government, there was no doubt that the above provision led, in practice, to discrimination against women in employment. As concerned vocational training, women could only receive training in the occupational activities which would interest them most as wives and mothers. The training made available to women, therefore, was in the areas of nursing, the health sector, sewing and teaching. The Workers' members referred to the 1988 General Survey on Equality in Employment and Occupation of the Committee of Experts which indicated that archaic and stereotyped concepts with regard to the roles of men and women were at the origin of types of discrimination based on sex and occupational segregation according to sex which led to the concentration of men and women in different occupations and sectors of activity. They recalled that, in order to understand fully the situation in the country, the Committee of Experts had requested the Government to provide statistics on the number of women having access to training for the occupations of doctor and magistrate, but noted that such statistics had not yet been made available. They expressed concern at the circular logic of the Government which restricted itself to arguing simply that Islamic law was applied and did not permit discrimination. The Committee of Experts, however, had concluded, after examining the legislation, that certain provisions were in conflict with the Convention. The Workers' members recalled that the Government had ratified this Convention of its own free will and they urged the Government to supply practical information to the Office so as to support its claim that there was indeed equality of opportunity and treatment between men and women.

The Employers' members noted that the major difficulty in this case was the fact that the Government took the position that the Convention should be compatible with Islamic law and not vice versa. The Government representative had also declared that there was no discrimination in his country. Yet, in contrast, the Labour Code contained a provision whereby men and women were not permitted to be together in the place of employment. They considered that this case was quite urgent since the measures concerning vocational training and employment were clearly discriminatory. It was difficult to have a dialogue when the viewpoints were so vastly different. Yet the Government had voluntarily ratified the Convention and thus assumed its obligations. They, therefore, expressed the hope that the Government would take the necessary measures so as to eliminate the discrepancies in the application of the Convention.

The Workers' member of Greece noted that the problems raised in this case were both of a legal and a philosophical nature. With respect to the legal points, it was very clear from the comments of the Committee of Experts that the provisions of the Convention were not applied. As concerned the philosophical aspect of the problem, he queried whether the Koran actually provided that only men could decide what women should do. He stressed that, as had been said before in this Committee, one could believe in one God without having to discriminate against others.

The Committee took due note of the fact that, according to the Government, Islamic law (Shariah) respected full equality of treatment and opportunity. The Committee also noted that the Government was of the opinion that section 160 of the Labour Code, which prohibited work involving co-mingling of men and women, did not violate the Convention since the application of the Convention should be viewed from the standpoint of Islamic law, as well as the culture of the country; that as concerned activities which were dangerous for women, draft legislation had already been prepared and a copy would be supplied; and that in Saudi Arabia, women did not need to work, being in a position to devote themselves to their families. The Committee was of the opinion that the Convention should be applied regardless of the religion which prevailed in a particular country. The Committee also recalled that one member of the Committee of Experts was a national of Kuwait and that in other countries where Islamic law (Shariah) was applied this did not prevent application of the Convention. The Committee pointed out that, with regard to article 160 of the Labour Code, it was not a question of men mingling with women but of permitting women to have access to workplaces where men were also working, in a situation where there was equality of opportunity. As concerned vocational training, the Committee considered that women should have the same opportunities as men in order that women would not be excluded, de facto, from certain occupations. The Committee asked the Government to supply the information requested by the Committee of Experts in order to show that, both in law and in practice, equality of opportunity and treatment existed between men and women as required by this Convention, voluntarily ratified by Saudi Arabia. Finally, the Committee urged the Government to put into practice the willingness for dialogue, which was the tradition of this Committe.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

National equality policy

Multi-stakeholder task force. The Committee has for many years been commenting on the need to declare and pursue a national equality policy. In its previous observation, the Committee noted that in the course of the High-level mission, which took place in September 2006, the Saudi authorities had acknowledged that there was no national equality policy, and requested ILO assistance to develop such a policy. The mission provided terms of reference, which included the establishment and mandate of a multi-stakeholder task force. The Committee regrets that the Government provides no information in its report on whether the task force has been established, or on the progress made in the development of a national equality policy. The Committee recalls that Article 2 of the Convention requires the Government to declare and implement a national equality policy, and that Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), describes in further detail the various objectives to be achieved by the national policy. The Committee urges the Government to take measures to declare and pursue 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, as required under Article 2 of the Convention. The Committee hopes that the Government will establish the task force without further delay, and take the necessary steps to secure ILO technical assistance. The Committee again requests the Government to provide information 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.

Prohibition of discrimination in employment and occupation. The Committee notes that the Labour Code, which came into force in April 2006, contains no specific provision prohibiting discrimination in employment and occupation. The Government had stated previously that the Labour Code was based on the principle of equality and, in its most recent report, the Government states that the Labour Code covers all persons without discrimination on the grounds of sex, race, religion or colour unless expressly excluded from its scope. The Committee recalls that Article 3(b) of the Convention indicates that the State must enact such legislation as may be calculated to secure the acceptance and observance of the policy defined in Article 2 of the Convention. The necessity of introducing legislative measures in order to give effect to the Convention must thus be assessed within the framework of the national policy as a whole, having regard in particular to the other types of measures which may be taken and to the effectiveness of the overall action pursued. Given that serious concerns regarding discrimination in employment and occupation have been raised by the Committee for many years, as well as by the Conference Committee on the Application of Standards, the Committee requests the Government 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, applying to all aspects of employment, and ensuring effective means of redress.

Scope of protection. In its previous observation, the Committee 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 that the Government replies in a general manner that the Islamic sharia, the system of government and other regulations, guarantees the right to non-discrimination of all persons found on the territory of Saudi Arabia. The Committee requests the Government to provide 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 provide information on the status of the adoption of the regulation on domestic workers, and to provide a copy as soon as it has been adopted. The Committee also urges the Government to ensure that any new legislative non-discrimination provision covers all workers, including those who are at present excluded wholly or partially from the scope of the Labour Code.

Equal opportunity and treatment for men and women

Occupational segregation. The Committee notes that occupational sex segregation remains a prominent feature of the Saudi labour market, with women being concentrated in education, health and social work. The Committee notes that the Committee on the Elimination of Discrimination against Women expressed concern that “the level of representation of women in public and political life, at the local, national and international levels and in particular in decision-making positions, is very low. It is further concerned that women were excluded from the first municipal elections in Saudi Arabia [and] … women do not participate in the country’s Consultative Council” (CEDAW/C/SAU/CO/2, 8 April 2008, paragraph 25). The Committee notes that the Government points to measures taken in accordance with Decree No. 120 of 2004 to improve women’s access to a broader range of job opportunities at all levels. Women’s units have been established in a number of government bodies, including the Ministry of Labour and the Human Resources Development Fund, and women’s employment offices have started to receive applications from women in order to find them employment in the private sector. The Committee requests the Government to provide information on any further measures taken or envisaged to increase the participation of women in a broad range of sectors and occupations and to higher level and decision-making positions, including in public and political life. It also requests the Government to continue to provide information on the measures taken to implement Order No. 120, and the practical impact of such measures on increasing women’s employment opportunities.

Education and vocational training. The Committee notes the continuing efforts made by the Government to improve the educational and training opportunities of women, including in non-traditional areas. The Committee also notes the concerns raised by the Special Rapporteur of the United Nations Human Rights Council on Violence against Women, its Causes and Consequences, that the progress in women’s education has not been accompanied by a comparable increase in their labour force participation (United Nations press release, 13 February 2008). The Committee notes the numerous programmes of the Human Resources Development Fund, and that it has opened a women’s branch to support business women and jobseekers, with 4,049 female trainees benefiting from the placement and training programme, 495 benefiting from the programme of loans, and 18,547 women benefiting from the programme of qualification of female jobseekers for employment in the private sector. The Committee requests the Government to continue providing information on the measures taken to promote training and educational opportunities for women, particularly in areas that have traditionally been dominated by men, including information on the proportion of women in different subject areas. Please also continue to provide information on the distribution of women and men among the various educational and training institutions, including higher education. The Committee also reiterates its request for information on whether, and to what extent, women are entering the labour market once they complete education and training courses. The Committee again requests information on the results of any research and analysis of labour market needs, and on how such results are being used to target training and education for women to improve their employment opportunities.

Sexual harassment. Noting that the Government has not replied to its previous comments on this point, the Committee is obliged to again request the Government to consider including a provision in the Labour Code that defines and explicitly prohibits sexual harassment, in line with its 2002 general observation on this topic. With respect to domestic workers, the Committee again expresses its hope that the proposed regulation on domestic workers will specifically address the issue of sexual harassment, as these workers are particularly vulnerable to such harassment, and asks the Government to provide information regarding any steps taken in this regard.

Special measures of protection. The Committee noted in its previous comments that the legislative prohibition of women and men working together had been repealed, but that there was very little awareness of this change. The Government replies generally that women are involved in mass media. The Committee notes the concern raised by the CEDAW Committee that de facto segregation of women in the workplace continues to be an impediment to women’s employment (paragraph 31). The Committee had also raised concerns regarding the protective measures set out in section 149 of the Labour Code, confining women to jobs that are “suitable to their nature”. In its report, the Government states that “suitable to their nature” means suitable to their body. The Committee must again express its concern that provisions limiting women’s access to certain sectors or jobs due to stereotyped assumptions linked to gender, and unrelated to maternity, impede equality in employment and occupation. The Committee urges the Government to take measures to ensure that workers and employers and their organizations are aware that the law no longer prohibits women and men from working together, and to address de facto workplace segregation. The Committee also requests the Government to amend section 149 of the Labour Code, with a view to ensuring that any protective measures are strictly limited to protecting maternity. The Committee again requests the Government to clarify the meaning “suitable to them” in the Order of 21 July 2003, which approved women’s participation in international conferences “suitable to them”.

Migrant workers

The Committee regrets that the Government provides no response to its previous comments raising concerns regarding discrimination against migrant workers. The Committee notes that the CEDAW Committee has also expressed concern, particularly regarding female migrant domestic workers, stating that “they are not yet covered by the current labour code, often are not aware of their rights, and, in practice, cannot easily file complaints and gain redress in cases of abuse” (paragraph 23). Similar concerns have also been raised by the above-mentioned Special Rapporteur. Noting the particular vulnerability of migrant workers, in particular female migrant domestic workers, the Committee urges the Government to take measures to address the issues of discrimination and exploitation of these workers, including providing legal protection against discrimination to migrant workers, on all the grounds enumerated in the Convention, as well as accessible dispute resolution mechanisms. The Committee again urges the Government to take the following measures:

(i)    to launch an investigation into the foreign sponsorship system, including an examination of the allegations of abuse raised before this Committee;

(ii)   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

(iii) to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination based on religion

With respect to the issue of job advertisements including a reference to religion, the Committee notes that the Government refers to Ministerial circular No. 211/8/1 of 22/2/1407H, which specifies that all job advertisements must be approved by the employment offices, and that information from these offices indicates that no job advertisements include references to religion. The Committee notes that the Government does not provide any information regarding concrete measures taken to address discrimination on the ground of religion in practice. The Committee is therefore obliged to request the Government as follows:

(i)    to address the matter of religious discrimination in the national equality policy;

(ii)   to take concrete and proactive measures to address religious discrimination; and

(iii) to provide information on any studies commissioned, awareness raising undertaken, and enforcement measures with respect to religious discrimination.

Dispute resolution and human rights mechanisms

The Committee has previously stressed the need for effective mechanisms to address discrimination and provide effective remedies and enforcement, including for migrant workers. Weaknesses in the existing system identified were lack of effective inspection, complaints mechanisms and enforcement regarding issues of discrimination, linked to lack of physical access, lack of awareness among judges and members of the commissions of discrimination issues, and the absence of women on the courts and commissions. The potential for the Human Rights Commission to take a leading role in this area was also raised. The Committee notes the Government’s general reply that no complaints of discrimination have been received by the relevant bodies. The Committee notes that the absence of complaints of discrimination, given the findings of the High-level mission, confirms the inadequacy of the dispute resolution mechanisms. The Committee, therefore, 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. The Committee also requests the Government to provide the following information:

(i)    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;

(ii)   any awareness-raising activities of the Human Rights Commission with respect to equality and non-discrimination;

(iii) any steps taken to include women on the commissions and the courts to address discrimination matters.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the reply to the comments of the International Trade Union Confederation (ICFTU). The Committee also notes the discussion that took place in the Conference Committee on the Application of Standards in June 2005, the resulting conclusions of the Conference Committee, and the report of the High-level mission that took place in September 2006.

Legislative developments

1. The Committee notes the adoption of the new Labour Code, which came into force on 23 April 2006. For a number of years, the Committee has expressed concern regarding section 160 of the 1969 Labour and Workers’ Law, providing that “in no case may men and women co-mingle in the place of work or in the accessory facilities or other appurtenances thereto”. The Committee notes with satisfaction that this provision has been repealed with the adoption of the new Labour Code.

2. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that it considers that the Labour Code is based on the principle of equality. With respect to the scope of application of the Labour Code, the Committee notes that domestic workers and agricultural workers are excluded (section 7), and part-time workers are also excluded, except with respect to the provisions relating to safety, occupational health and work injuries (section 5). In addition, “incidental, seasonal and temporary workers” are covered by the Code, but only with respect to certain defined areas, including working hours, overtime, and occupational health (section 6). With respect to domestic workers, the Labour Code provides that the Minister is to draft regulations to govern their relations with the employers and specify the rights and duties of each party (section 7). The Committee notes the Government’s indication that the regulation on domestic workers and workers of a similar category has been drafted by the Ministry of Labour, and is awaiting final approval. The Committee requests the Government to clarify how the principle of equality is reflected in the Labour Code, as set out in Article 1 of the Convention. Noting that the groups fully or partially excluded from the scope of the Labour Code are those that are often particularly vulnerable, the Committee requests the Government to indicate how these workers are to be effectively protected against discrimination. The Committee also requests the Government to forward a copy of the regulation on domestic workers as soon as it has been adopted.

National equality policy

3. The Committee has for many years been commenting on the need to declare and pursue a national equality policy, which was echoed in the conclusions of the Conference Committee. The Committee notes the report of the High-level mission indicating that the authorities acknowledged that there was no national equality policy, and requested ILO assistance with respect to developing such a policy. The mission provided terms of reference to enable the Government to adopt and pursue, with ILO technical assistance, a national policy for the promotion of equality in employment and occupation covering all workers, with a view to eliminating discrimination on the grounds listed in the Convention. The terms of reference focus on the establishment and mandate of a multi-stakeholder task force. The Committee concurs with the conclusions of the mission that, to be effective, a national equality policy must be multi-faceted, including the following: a clearly stated policy; discriminatory laws and administrative practices repealed; stereotyped behaviours and prejudicial attitudes addressed; and monitoring put in place. It should cover all the grounds set out in the Convention – sex, colour, race, religion, national extraction, social origin and political opinion – address direct and indirect discrimination, apply to all aspects of employment, and ensure effective means of redress. The Committee welcomes the Government’s request for ILO technical assistance to adopt and pursue a national equality policy, and notes that the Government in its report states that the necessary steps will be taken to formulate a national equality policy. The Committee looks forward to receiving information in the Government’s next report regarding the composition and meetings of the task force, and the progress it has made, in particular in the preparation of a national survey on the situation in Saudi Arabia with regard to discrimination on all the grounds set out in the Convention, and the establishment of an action plan.

Equal opportunity and treatment for men and women

4. Education and vocational training. The Committee notes the information provided by the Government in its report, as well as the findings of the High-level mission, indicating that a wider range of training and educational opportunities are being opened to women. The Committee notes in particular that the General Organization for Technical Education and Vocational Training has recently included a number of new specializations for women, including computer science and accounting, though the majority of the courses offered focus on traditional “female” skills, such as sewing, hairdressing, beauty consulting, etc. While there are at present four technical colleges for women, over the next seven years, 37 more institutes and two colleges to train trainers are foreseen. The Committee also notes that there are now 102 public women’s colleges with 300,000 students, as well as some newly opened private women’s colleges. At the university level, women are entering higher education in increasing numbers, and according to the Government’s report, make up 58 per cent of the student population. The Committee acknowledges the important investment that has been made in providing educational and training opportunities to women. However, it also notes the findings of the High-level mission that only 10 per cent of women obtain jobs after graduation. The mission concluded that women continue to be directed to subjects that are considered more suitable to their role in the family and in society, and that many women graduating from universities do not have the competencies needed for the jobs in the labour market. The mission recommended that research and analysis of the labour market needs be undertaken. The Committee requests the Government to provide statistical information on the distribution of men and women among the various educational and training institutions. It also requests information regarding how the education and training received by women translates into employment opportunities once they complete the courses. The Committee would also like to receive information on any measures taken to promote training and educational opportunities for women in areas that have traditionally been dominated by men, including through the Human Resources Development Fund. Please also keep the Committee informed of the results of any research and analysis of labour market needs, and how such results are being used to target training and education for women to improve their employment opportunities.

5. Occupational segregation. The Committee welcomes the conclusion of the High-level mission that the Government demonstrated considerable political will to improve the situation of women in employment and occupation. The mission also concluded that although there is now no legal prohibition to women and men working together, there was little awareness of this fact. The Committee notes further that although the prohibition of women and men working together has been repealed, the Labour Code contains a provision stating that “women shall work in all fields suitable to their nature” and prohibiting employing women in hazardous jobs or industries (section 149). The Committee notes in this regard the findings of the High-level mission that section 149 is generally considered a protective measure, and results in occupational segregation, with jobs considered suitable for women being those in traditional areas, such as the education and health sector, and in administration and finance. Statistics provided by the Government in its report on Convention No. 100 confirm that women continue to be concentrated in particular fields, such as social and community services. The Committee notes the conclusions of the High-level mission that while women are beginning to move into non-traditional areas, progress is slow, and hindered by stereotyped views of women’s role in society. There is still an absence of women in high-level government and political positions. The Committee requests the Government to indicate measures taken or envisaged to ensure that workers and employers are made aware of the fact that there is no longer a legal prohibition to women and men working together. The Committee considers that a proactive policy to promote gender equality at work and in society is required, which does not reinforce stereotypical assumptions regarding women’s aspirations, capabilities and social roles, and requests the Government to provide information regarding measures taken to promote women’s access to a wider range of occupations at all levels, including sectors in which they are currently under-represented. The Committee also requests the Government to review and consider amending section 149 of the Labour Code with a view to ensuring that any protective measures are limited to protecting the reproductive capacity of women and are not aimed at protecting women because of their sex or gender, based on stereotyped assumptions. Please also keep the Committee informed regarding the implementation in practice of Decree No. 120 of 2004. The Committee also asks the Government to respond to its previous request for clarification regarding the Order of 21 July 2003 approving women’s participation in international conferences suitable to them.

6. Sexual harassment. The Committee notes the Government’s response to its previous comments regarding the absence of legislation addressing sexual harassment, and requesting information on measures taken to address sexual harassment of domestic workers. The Government indicates that specific legislation on this matter is not being contemplated, stating that Shari’a law prohibits sexual harassment, and that sexual harassment, rape and similar offences are punished under criminal law, though no cases have been lodged. With specific reference to domestic workers, the Government states that the draft regulation on domestic workers prohibits harm to the dignity of the domestic worker. The Committee notes that the definition of sexual harassment contains two key elements, namely, quid pro quo harassment and hostile work environment, and in this respect again draws the Government’s attention to the general observation of 2002 on this matter. The Committee considers that restricting the prohibition of sexual harassment to general penal law provisions is unlikely to address adequately both these aspects of sexual harassment in the workplace, and again requests the Government to consider including a provision in the Labour Code that defines and explicitly prohibits sexual harassment. With respect to domestic workers, the Committee hopes that the regulation on domestic workers, once it is adopted, will address specifically the issue of sexual harassment, as these workers are particularly vulnerable to such harassment.

Migrant workers

7. The Committee notes the observations of the ICFTU regarding discrimination against migrant workers on the basis of race, religion and sex, underlining in particular the potential and actual abuse of female domestic workers. The Conference Committee, while noting the efforts made by the Government to promote and protect the rights of migrant workers, concluded that considerable problems appear to exist in the application of the Convention in law and practice with respect to migrant workers. The Committee notes that the Government reiterates its previous reply to these concerns, to the effect that given the large number of migrant workers, cases of abuse represent a minimal proportion, and that the ICFTU does not provide sufficient details to support the allegations. The Committee recalls, however, that the magnitude of the problem raised by the ICFTU cannot be considered insignificant, and that considerable details are provided in the ICFTU’s communications. The Committee notes that the Government’s report indicates an example of the employer retaining considerable control over a migrant worker, since during the probationary period, an employer can choose to repatriate the worker if he or she is not considered suitable, place the person on a second probationary period, or decrease the worker’s wages. Although the latter two options can only be done with the agreement of the worker, the worker is likely to be in the weaker position, therefore, he or she may in essence be forced to accept the lower conditions in order to avoid repatriation. The Committee also notes the Government’s indication that there have been no complaints filed by migrant workers.

8. The Committee notes the findings of the High-level mission confirming the continued use of the foreign sponsorship system, and the difficulty for migrant workers to change employers. The mission also concluded that there seemed to be a general lack of information and awareness regarding the situation of migrant workers. The Committee notes that a pamphlet for foreign workers has been prepared, which was disseminated to relevant embassies, and is now being revised to reflect the rights and obligations pursuant to the new Labour Code, and that a new Department of Expatriate Labour has been established within the Ministry of Labour. As noted above, a regulation on domestic workers and workers of a similar category has been drafted by the Ministry of Labour, and is awaiting final approval. The Committee hopes that the regulation on domestic workers, which is awaiting adoption, will include specific provisions prohibiting discrimination on all the grounds enumerated in the Convention, and address the issues of exploitation of these workers. It also urges the Government to implement the recommendations of the High-level mission: to launch an investigation into the foreign sponsorship system to examine the allegations of abuse raised before the Committee of Experts; 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 in particular the situation of female domestic workers; and to make addressing discrimination against migrant workers an important component of the national equality policy.

Discrimination on the ground of religion

9. The Committee recalls its previous observation requesting information on whether job advertisements still include references to religion, and measures taken to address religious discrimination. The Committee also notes that the ICFTU provides examples of serious cases of religious discrimination. The Committee notes the information provided by the Government regarding the provisions of the Publications and Publishing Act, 2000 and a government memorandum relating to advertisements. The Committee also notes the findings of the High-level mission that with respect to discrimination on grounds other than sex, particularly migrant workers on the basis of race, religion and national extraction, there was little awareness or acknowledgement that such discrimination existed. Noting that it appears that job advertisements making reference to religion are not permitted, the Committee requests the Government to provide information regarding the measures taken to ensure that such a requirement is not imposed in practice. Noting that religious discrimination in employment and occupation appears to be occurring in practice, the Committee encourages the Government to address this matter in the national equality policy, and take concrete measures to address such discrimination. Please keep the Committee informed of any progress in this regard, including any studies commissioned, awareness raising undertaken, and enforcement measures.

Dispute resolution and human rights mechanisms

10. The Committee has stressed in previous comments the importance of effective mechanisms to address discrimination and provide effective remedies and enforcement. The Conference Committee emphasized that the national equality policy needs to include effective mechanisms to address existing discrimination, including remedies for men and women migrant workers. The Committee notes that the High-level mission concluded that “there is a lack of effective inspection, complaints mechanisms and enforcement for issues of discrimination”. The weaknesses identified were linked to physical access, since the dispute resolution bodies are based only in the capital, as well as to a lack of awareness among judges and members of the commissions of issues related to discrimination. There are also no women on the commissions or in the courts. The mission also concluded that the Human Rights Commission could provide an important mechanism for addressing complaints of discrimination in a timely and effective manner, and promoting equality without reinforcing stereotypes, but as a new institution, it was still at the stage of defining its role and means of action. The Committee encourages 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, and to provide information regarding any progress in this regard. The Committee also requests information on any complaints brought before labour inspectors, labour dispute commissioners, the Human Rights Commission or the courts regarding discrimination in employment and occupation, and the outcome thereof. Please also provide information regarding the awareness-raising activities of the Human Rights Commission with respect to equality and non-discrimination.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment in the working environment does not exist in Saudi Arabia, and that there have been no cases of sexual harassment in workplaces that include both sexes. The Government also indicates that it will transmit to the ILO any new developments in this regard. It is the Committee’s experience that a lack of information on sexual harassment normally indicates a lack of awareness that it is an offence and that its practice should be prohibited. The Committee recalls its 2002 general observation in which it had, in view of the gravity and serious repercussions of this practice, urged governments to take appropriate measures to prohibit sexual harassment in employment and occupation. Considering the concerns expressed in its current observation regarding the allegations of sexual harassment and sexual abuse of female migrant domestic workers, the Committee asks the Government to consider adopting legislation to define and prohibit explicitly sexual harassment as a form of sex discrimination. Please provide information on the measures taken to address sexual harassment of domestic workers, including migrant domestic workers, and on the number of complaints received from and remedies provided to migrant domestic workers who have suffered from sexual harassment.

2. Discrimination based on sex. The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform, and the related review of section 160 of the Labour Code with respect to this matter. Noting that the Government will notify the Committee of any measures taken or other new developments on this subject, the Committee hopes that the Government will soon be in a position to report on the outcome of the review of section 160 of the Labour Code and of the Ministerial Order, which it hopes will also take account of its comments raised in previous direct requests.

3. Article 3(b). Educational programmes to promote gender equality. In its previous observation, the Committee had asked the Government to explain the meaning of the criterion "social situation" as regards registration in vocational schools and training centres. The Committee notes the Government’s explanations that "social situation" means the customs, traditions and values that exist in society. The Government refers in this regard to the report entitled "Management of transitional labour markets" of July 2003, which highlights the decreasing numbers of women in the labour market due to traditional family values. Noting the Government’s statement that it is taking measures to resolve this issue in a gradual manner, the Committee requests the Government to provide information on the measures taken to change mentalities of the general society on stereotypes on the roles of men and women in society and the labour market, and on their impact on participation of women in the labour market.

4. Article 3(e). Women’s access to vocational training. Further to its observation, the Committee notes the aims set out under the Human Resources Development Fund with respect to training the national workforce and its mobilization in the private sector, and asks the Government to provide information on the measures taken to promote equal access of men and women to these training courses, including on-the-job training, provided under the Fund. Noting that the number of beneficiaries from the training and jobs programmes reached 23,000 by the end of 2003 and that the private sector is opening up a larger number of fields in which women can work, the Committee asks the Government to indicate the number of men and of women participating in the training courses, the number of men and of women running private sector enterprises and the nature of the new areas of employment offered to women. Further in this regard, the Committee notes the adoption of the Order of 21 July 2002 approving women’s participation in international conferences suitable to them. The Committee asks the Government to clarify the meaning of "suitable to them".

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2004 and the Government’s reply, received on 18 November 2004, concerning discrimination against male and female migrant workers on the basis of religion, race, sex and nationality. The Committee notes that some of the issues raised by the ICFTU concern the modalities of the foreign labour sponsorship system and abuses by recruitment agencies which are beyond the scope of Convention No. 111. With respect to the allegations made by the ICFTU with regard to the alleged widespread practice of forced confinement and slavery conditions of many women migrant workers, the Committee refers to its comments in its 2003 observation under Convention No. 29.

Discrimination against migrant workers on the basis of race, religion and sex

2. The Committee notes that the ICFTU has alleged substantial discrimination against migrant workers on the basis of race, religion, sex and nationality. The Committee recalls that nationality is not one of the grounds of discrimination formally prohibited by Convention No. 111, but that migrant workers are nonetheless protected by the instrument in so far as they are victims of discrimination in employment and occupation on the basis of one or more of the prohibited grounds of discrimination in the Convention, including religion, race or sex (see paragraph 17 of the 1988 General Survey on equality in employment and occupation).

3. Articles 1 and 2 of the Convention. Religious discrimination. The Committee notes the comments by the ICFTU that migrant workers who are not Muslim must refrain from public display of religious symbols such as Christian crosses or the Hindu tilaka. The ICFTU further maintains that although discrimination against Hindus appears to have eased somewhat as job advertisements in newspapers no longer request applications from Muslims and Christians only, religious discrimination continues to exist, either directly when job advertisements exclude members of certain religious groups from applying, or indirectly, by preventing migrant workers from exercising their religion openly, which could deter applicants. The Committee notes the Government’s reply that there is no discrimination of any kind in occupation or employment and that the Code on Labour and Workers includes the concept of non-discrimination as it does not deal with a worker’s religion, political views, race or national origin and defines a worker as being a person, regardless of his or her beliefs. The Committee requests the Government to state whether job advertisements in fact still include references to religion, and to provide information on the measures taken or envisaged to address the perception of religious discrimination, both direct and indirect, in all its forms.

4. Discrimination based on race and national extraction. The Committee notes that the ICFTU refers to the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/62/CO/8) about allegations of substantial racial prejudice against migrant workers, in particular those coming from Asia and Africa. In this regard, the ICFTU states that although the labour law protects nationals and non-nationals against performing work to which they have not agreed and protects them from abuse by their employer, including contract violations, physical abuse, providing misleading information and unfair treatment, employers of low-paid migrant workers widely disregard these provisions. In the same context, the Committee notes the statement made by the ICFTU that the labour sponsorship system entails a heavy dependency of the migrant worker on his or her employer and allows employers to exert disproportionate pressure on a worker. According to the ICFTU, this has a negative impact on the conditions of work of migrant workers as employers have forced migrant women and men to work excess hours without overtime pay or days of rest. Many employers are said to violate the provisions of the labour law, sometimes resulting in gross exploitation of migrant workers, such as reducing wages illegally and withholding vacation days and accumulated unpaid wages and benefits from their employees. The ICFTU further alleges that the migrant worker’s heavy dependency on the employer also inhibits access to the complaint mechanisms of the Labour Disputes Department.

5. The Committee notes that the Government states that there is no discrimination in any form in any of the regulations in force and that there are special regulations governing the relationship between an employer and a migrant worker by virtue of the Council of Ministers Order No. 166 of 12/7/1421. As for the alleged reduction of wages, the Government states that if indeed such practice exists, it would be a blatant violation of the existing regulations and punishable by law. However, the Government indicates that some workers may see their wages diminish because of a distortion resulting from mediating offices in countries sending these workers, because wrong information is given on the exact amount of the wages. The Government is currently discussing the issue with all the concerned embassies and has requested their collaboration to address the issue.

6. The Committee notes the Government’s statement that the allegations are too general and that if there are a few cases, this cannot be taken to be a general practice. The Government maintains that the accuracy of this statement is substantiated by the fact that foreign workers continue to come to Saudi Arabia for work. The Government further reiterates its previous statements that the Islamic Shari’a is the Constitution of the Kingdom and that its principles of dignity and the prohibition of injustice in all its forms provide for justice and equality. The Committee expresses concern, given the seriousness of the allegations, that the modalities of the foreign labour sponsorship system, especially the possibility for employers to exert disproportionate power on migrant workers, may lead to discrimination against migrant workers on the basis of race and national extraction with respect to their conditions of work.

7. In its previous observation, the Committee had drawn the Government’s attention to Article 2 of the Convention, which requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin in respect thereof. It has also pointed to the importance of taking measures to address discrimination, both direct and indirect, in all its forms and requested the Government to take the necessary steps to ensure that the principles of the Convention in respect of promoting equality in employment and occupation on all the grounds listed in Article 1(1)(a) are fully applied, including the grounds of religion, political opinion, race and national extraction. The Committee finds no indication from the Government’s report that any such measures have been taken. It urges the Government to ensure that all workers, including migrant workers, are protected against discrimination on all the grounds prohibited in Article 1(1)(a) of the Convention and to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation by methods appropriate to national conditions and practice, which applies to all workers, including male and female migrant workers. It requests the Government in addition to carry out a detailed examination of the situation of migrant workers with a view to determining the situation in practice with regard to allegations of discrimination on the grounds of race and national extraction.

8. Discrimination based on sex. The Committee notes the statement by the ICFTU that migrant domestic workers have no protection under the labour law and are particularly vulnerable to exploitation and summary dismissals. Women are particularly affected, as a large majority of these workers are female. At least 1 million women from Sri Lanka, the Philippines and Indonesia are working legally in some of the lowest paid jobs and an overwhelming majority of them are domestic workers. Small numbers of women from Africa and other Asian countries are also employed in low status jobs. The ICFTU maintains that sex-based discrimination is a serious problem in Saudi Arabia and that there is a general pattern of discrimination and abuse of women migrant workers, including forced confinement, sexual harassment, sexual abuse and rape. In addition to complaints related to long hours of work, unpaid salaries, denial of benefits and intimidation from employers, the ICFTU states that many domestic workers share additional hardships, due to their isolated working environment. The ICFTU also claims that the rights of women migrants are further compromised by the prevailing gender segregation, restrictions on freedom of expression and movement, and gender bias in the judicial system.

9. The Committee notes that the Government states, in reply, that domestic workers who live among Saudi families are in a position of security because of the care and attention paid to them by their treatment as members of the family. The Government also reiterates that it endeavours to protect the rights and dignity of all persons who live on its territory and to provide them with justice and equality. Considering the seriousness of the allegations made by the ICFTU with respect to female migrant domestic workers of African and Asian origin, the Committee requests the Government to provide information on the measures taken to ensure that these workers are protected in law and practice against abusive and discriminatory treatment in their living and working conditions.

10. Enforcement. The Committee notes the statement provided by the ICFTU that although progress has been achieved in filing complaints, enforcement remains a problem with respect to complaints submitted by migrant workers. The ICFTU refers in particular to the inability or reluctance of Saudi authorities to enforce judgements against employers of migrant workers and to the fact that the overwhelming majority of migrant workers, many of them women, have no knowledge of the relevant enforcement bodies, and no opportunity to access them or be informed of their rights. The Committee asks the Government to provide information on the measures taken or envisaged to inform migrant workers of their rights, to improve their access to the courts and other relevant bodies and to ensure the effective enforcement of judicial decisions regarding their complaints. Please also provide information on the number of complaints of discrimination based on race and sex received from male and female migrant workers and the remedies provided to these workers.

Equality of opportunity and treatment between men and women

11. Occupational segregation by sex. For a number of years, the Committee has expressed concern that section 160 of the 1969 Labour Code, which provides that "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto", might result in de facto occupational segregation on the basis of sex. The Committee notes the Government’s statement that a new draft Labour Code is still under examination in the Shoura Council. It hopes that the draft Code will be adopted soon and that it will take into account the requirements of the Convention and the Committee’s comments with regard to the possibility of extending women’s occupational and employment opportunities into prohibited areas.

12. Further in this context, the Committee had earlier noted the Government’s statements that the application of section 160 did not result in de facto segregation on the basis of sex because women have access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Consequently, the Committee had encouraged the Government to make every effort to provide statistical data on the distribution of men and women in the different jobs and occupations and at the different levels in the public service. The Committee notes the Government’s statement that it is paying great attention to increasing the opportunities and fields for women’s employment and that women have been promoted into state jobs, including higher positions, over the past few years. It is clear from the information provided, however, that the practice of keeping women separate from men in the workplace persists. The Committee notes from the statistics provided on the Saudi employees employed by the State in 2002-03, that men and women are employed in equal numbers in the education sector but that no women are employed as judges, state prosecutors and legal investigators. The Committee asks the Government to indicate the reasons for the non-appointment of women judges, legal investigators and prosecutors and the measures taken to promote their access into these occupations. Noting further the Government’s indication that the relevant information and statistics on the distribution of men and women employed in the civil service at grades 13 or higher, and on the distribution of men and women in the different jobs and occupations, will be communicated once they are made available, the Committee hopes that the Government will very soon be in a position to provide such information in its report.

13. Article 3(e). Access of women to vocational training and education. The Committee notes from the statistics provided by the Government that the educational and training courses and programmes for women mainly concern teaching, home economics, secretarial skills, computer skills, administration and finance, librarianship, interior design, dressmaking, and food and packaging. While appreciating that the number of women enrolled in vocational training programmes has increased, the Committee must observe that many of these courses offered to women continue to be in fields considered as being traditionally feminine. Noting that no information is provided on the number of women who have enrolled in the abovementioned courses and who have subsequently been employed, the Committee requests the Government to indicate the measures taken in regard to career guidance and placement services targeting women having undergone this training.

14. Further to the above, the Committee notes that in reply to its previous request for information on the implementation of a national policy on non-discrimination in vocational education and training, the Government indicates that it has made some efforts to provide more educational and training opportunities for women. It notes in particular: (a) the adoption of Order No. 63 of 2004 of the Council of Ministers on procedures relating to the determination of curricula and educational inputs for girls; (b) the adoption of Order No. 120/12 of 2004 on increasing the opportunities and areas of work of Saudi women and promoting their training opportunities through the Human Resource Development Fund; (c) the decision to expand the fields of training and education abroad for Saudi women so that it covers all specializations, including engineering; (d) the opening of a women’s university and the Government’s intention to examine the possibility of opening more universities for women; (e) the adoption of procedures that guarantee increasing job opportunities for women; and (f) the establishment of a national committee specialized in women’s affairs. The Committee welcomes these measures and asks the Government to provide information in its next report on how they have contributed in practice in providing more diversified training and education to women and have promoted their subsequent access to a wider range of occupations in the public and private sectors. Please also provide specific information on the activities of the newly established committee on women’s affairs with respect to the application of the Convention.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform. In this regard, the Committee recalls once again that protective measures for the employment of women, such as those contained in Ministerial Order No. 326, should be reviewed periodically in light of current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance. The Committee notes from the Government’s reply to its previous direct request that such a review has not yet been carried out, the reason for this being that the current measures were still considered adequate. However, the Committee also notes from the Government’s report that section 160 of the Labour Code is currently being examined by the competent authorities in respect to the jobs and occupations from which women are excluded. The Committee therefore hopes that this review will also take account of its comments and that a review of the Ministerial Order will follow in due course.

2. The Committee reiterates its request for information on the distribution of men and women employed in the civil service at grades 13 or higher, as well as on any measures taken to promote women’s access to the higher grades in the civil service. In addition to previously requested information regarding the distribution of men and women in the different jobs and occupations, the Committee also would like to receive information on the respective levels of income of men and women in these jobs and occupations.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the report of the Government. The Committee also notes the communication from the International Confederation of Arab Trade Unions (ICATU) concerning the application of Convention No. 111 and the comments provided by the Government in reply, both of which were similar to those made last year. The Committee recalls that attention was previously drawn to issues concerning the existence of discrimination between men and women, ethnic groups, nationalities, races and religions.

2. The Committee has previously noted the Government’s statements that the Convention is applied in Saudi Arabia through Islamic law, the Sharia, which forms the basis for the general legal system in the country and that the Sharia and the basic system of government promulgated by Royal Decree A/90 of 1992 provide for justice and equality in all matters without any discrimination on the basis of race, religion, sex and colour. The Committee has drawn the Government’s attention to Article 2 of the Convention, which requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin in respect thereof. The Committee recalls that the national policy is to be declared and pursued in respect of access to vocational training, access to employment and to particular occupations, as well as terms and conditions of employment.

3. The Committee’s dialogue with the Government has focused for a number of years primarily on section 160 of the 1969 Labour Code, which provides that "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto" and the issue of access of Saudi women to education and vocational training for occupations not traditionally deemed to be "feminine" in nature. More recently, the Committee requested the Government to provide information on the measures taken to prohibit discrimination on the grounds of religion, political opinion, race and national extraction in employment and occupation in accordance with the Convention.

4. As regards section 160 of the Labour Code, the Committee has observed that this provision may result in de facto occupational segregation on the basis of sex. The Committee thus welcomes the information provided by the Government that the competent authority is currently examining section 160. It hopes that the examination will take into account the requirements of the Convention and the Committee’s comments over the years concerning the impact of this section. It also hopes that the examination will result in the legislation and practice being brought into conformity with the Convention.

5. The Committee further notes the Government’s information that section 160 has not impeded women’s access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Similarly, the Government states in its latest report that the application of section 160 does not result in de facto occupational segregation on the basis of sex. The Committee notes that the Government is unfortunately not yet in a position to provide statistical data on the distribution of men and women in the various jobs and occupations and at the different levels of the civil service. The Committee encourages the Government to make every effort to provide statistical data on the distribution of women in the different jobs and occupations and at the different levels in the civil service and to keep the Committee informed on the process of examining the provisions of section 160 precluding women from certain areas of employment, as to extend women’s occupational and employment possibilities into precluded areas in conformity with the Convention.

6. The Committee notes the Government’s statement that there is a national policy that deals with the promotion and development of vocational training infrastructure with a view to train both men and women in order to obtain adequate jobs without any kind of discrimination. The Government states that schools and training centres are open to registration by participants of both sexes according to their social situation. In its previous reports the Government had indicated its intent to increase the capacities of existing training facilities for women as well as to inaugurate new centres and introduce new areas of specialization. The Committee requested the Government most recently to supply information on all measures taken to implement the national policy on non-discrimination in vocational education and training. Noting that no specific information in this regard has been provided, the Committee hopes that the Government will do its utmost to provide this information in its next report. The Government is also asked to explain the meaning of the criterion "social situation" as regards registration in vocational schools and training centres and to continue to provide statistical information on the participation of women in all areas of training provided. Noting again that the number of women participating in education and training is not reflected in the workforce, the Committee reiterates its request to the Government to submit information on measures taken in regard to career guidance and placement services.

7. Concerning the prohibition of discrimination on the grounds of religion, political opinion, race and national extraction, the Committee notes that the Government refers generally "to the sacred position given to the principles of equality and non-discrimination in national practice". The Committee also notes from the report that the Government did not take any specific measures to prohibit discrimination on these grounds. The Committee points out the importance of taking measures to address discrimination, both direct and indirect, in all its forms and hopes that the Government will take the necessary steps to ensure that the principles of the Convention in respect of promoting equality on all the grounds listed in Article 1(1)(a) are fully applied. It requests the Government to provide information in its next report on measures taken or envisaged in this regard.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee refers to its previous comments concerning the application of Ministerial Order No. 326 of 1993, which specifies the occupations and activities that women may not perform. In this regard, the Committee recalls that protective measures for the employment of women, such as those contained in Ministerial Order No. 326, should be reviewed periodically in light of current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance. The Committee therefore repeats its request that the Government keep it informed of any such review, and its findings.

2.  In previous comments, the Committee had requested the Government to provide information, including statistical data, on the distribution of men and women in the different occupations and at the different levels of the civil service. In addition, the Committee would appreciate receiving information on the distribution of men and women employed in the civil service at grades 13 or higher, as well as on any measures taken to promote women’s access to the higher grades in the civil service.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the communication from the International Confederation of Arab Trade Unions (ICATU) concerning the application of Conventions Nos. 87 and 111 and the response of the Government. It also notes that part of the communication is relevant to Convention No. 29 and raises those points under the application of that Convention. In its communication the ICATU states that differences in wages between the Saudi and non-Saudi workers, especially those from the poorer countries, are vast and that discrimination exists between men and women, ethnic groups, nationalities, races and religions. The Government replies that wages are set according to the nature of the work, the worker’s abilities, aptitudes, experience and qualifications and the nature and type of the enterprise. The Government further refutes the impression given by the wide-ranging allegation concerning occupational discrimination between men and women and between nationalities, races and religions. The Government affirms that society is not based on discrimination and that it shows the greatest respect for the principles, purposes and Constitution of the ILO. The Government nevertheless indicates its willingness to engage in a constructive dialogue on these questions.

2.  Noting that the Government’s report contains no new information, the Committee recalls that, for a number of years, its dialogue with the Government has focused primarily on two matters: (a) section 160 of the 1969 Labour Code, which provides that "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto"; and (b) access of Saudi women to education and vocational training for occupations not traditionally deemed to be "feminine" in nature. The Committee notes the Government’s statements that the Convention is applied in Saudi Arabia through Islamic law, the Sharia, which forms the basis for the general legal system in the country, and that the Sharia and the basic system of government promulgated by Royal Decree A/90 of 1992 provide for justice and equality in all matters without any discrimination on the basis of race, religion, sex or colour. In this connection, the Committee has for some years drawn the Government’s attention to Article 2 of the Convention, which requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination in respect thereof.

3.  In its report, the Government states once again that no measures have been taken to give effect to the provisions of the Convention, apart from those referred to in earlier reports. The Committee had noted the Government’s explanations in earlier reports that the prohibition in section 160 against co-mingling of men and women reflects Islamic social traditions that apply across Saudi society generally, and that the Labour Code contains no provisions that discriminate on the basis of sex. The Committee had also previously noted the Government’s statements in earlier reports that there is no discrimination on the basis of sex in practice and that Saudi women have access to the various sectors of employment and may choose freely the occupations that suit them. While the Committee welcomes these statements, it has observed that this social tradition, now codified in the positive law in section 160, may result in de facto occupational segregation on the basis of sex, restricting women’s access to certain jobs and occupations. The Committee welcomes the information provided by the Government indicating that the legislative prohibition on co-mingling in the workplace has not impeded women’s access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Unfortunately, the Government is unable once again to provide statistics on the number of women participating in these occupations. The Committee requests the Government to continue to provide information, including statistical data, in its next report, on the distribution of men and women in the various jobs and occupations which they may choose freely in spite of the prohibitions imposed under section 160. With respect to those jobs or occupations from which women are precluded by virtue of section 160, please indicate whether any measures are under study or contemplated to extend women’s occupational and employment possibilities into those precluded areas in conformity with the Convention.

4.  With regard to the issue of Saudi women’s access to education and vocational training, the Government has indicated in earlier reports that many Saudi women choose not to work, believing that their primary duties are to bring up their children and look after their homes. The Committee has noted the Government’s comments that the vocational training programmes available provide training in work that is beneficial to women and their families if they decide to remain at home. According to information provided in earlier reports, the Government indicated its intent to increase the capacities of existing centres for women as well as to inaugurate new centres and introduce new areas of specialization. In addition to the women’s training institutes mentioned in earlier reports, the Government stated that men and women are also trained side by side in a number of areas, including education, medicine, pharmacy, health inspection, nutrition, laboratory work, secretarial work, statistics, librarianship and administrative and financial tasks. The Government’s previous reports provided statistical data indicating that, in the academic year 1994-95, male students outnumbered female students at all levels of education, including in vocational and educational training centres, where approximately half as many women (3,206) as men (6,496) were enrolled. The Committee would appreciate receiving information in the Government’s next report on all measures taken to implement the national policy on non-discrimination in vocational education and training. Noting that the numbers of women participating in education and training is not reflected in the workforce, the Committee requests the Government to provide any information on career guidance and placement services.

5.  Noting that no information has been provided by the Government as to discrimination on grounds other than sex, the Committee requests the Government to provide information on measures taken to prohibit discrimination on the grounds of religion, political opinion, race and national extraction in employment and occupation in accordance with the Convention.

6.  The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous direct request concerning the application of Ministerial Order No. 326 of 1993 to determine the hazardous occupations and activities which women may not perform under the Labour Code, the Committee notes from the Government's report that insufficient time has elapsed since the application of the Decree to warrant reconsideration of the occupations specified therein. The Government points out that the Ministry of Labour has not received any information confirming scientific developments relevant to the listed occupations or related means of protection in working conditions, so does not consider it necessary to revise them for the time being. It states that this does not, however, preclude revision of the protective measures if the need arises in the future. Recalling its approach to protective measures set out in Chapter III of its 1988 General Survey on equality in employment and occupation, namely that such measures should be reviewed periodically in the light of advances in scientific knowledge and technology applying to such occupations, the Committee trusts that the Government, if and when revisions take place, will inform it of them in future reports.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee's dialogue with the Government concerning the application of this Convention has centred on: (a) 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 appurtenances thereto"; and (b) access of women to vocational training for occupations which are not traditionally "feminine". While noting in its previous comments the Government's statements concerning the application of the Convention through Islamic law, the Shari'a, the Committee had pointed out that Article 2 of the Convention requires that each member State for which the Convention is in force declare and pursue a national policy to eliminate any discrimination based on, inter alia, sex in employment using methods appropriate to national conditions and practice. The Government described the social conditions which formed the background of section 160, explaining that it had no discriminatory intent and merely reflects the social behaviour by emphasizing that employers must obey traditions. The Government also replied that workers of both sexes are trained side by side in a variety of activities, many of which are not considered to be traditionally "feminine".

2. Regarding the training issue, in its latest report the Government stresses that Saudi women are convinced that their primary duty is to be wives and mothers, bringing up their children and looking after their homes, and that this benefits the family materially and educationally since most women have no financial need to work outside their home. The Government supplies examples, in addition to those given in previous reports, of occupations for which training is carried out with no discrimination on the basis of sex and supplies 1990 statistics on the numbers of men and women trained to become primary and intermediate-level schoolteachers (14,138 women and 12,406 men) and health rehabilitation professionals (57.5 per cent of trainees are women). It also provides 1994-95 data on the number of male/female university enrolments, where more women than men have chosen education faculties and natural sciences, the numbers being almost equal in the humanities. At the postgraduate level (total students numbering 7,006 of which 2,167 are women), male students outnumber females in all specialities except education and teaching and the humanities. At the level of vocational training institutes, the Government points out that 22 centres are training 1,480 girls in dressmaking and states that the competent authorities are keen to increase the centres' capacities. It is hoped that new training centres will be inaugurated with new areas of specialization. The Committee welcomes these data on the choice of training available to women and girls. The Committee recalls that it has been following up this issue not in an effort to redirect persons of one sex or the other into training they might not wish; the dialogue has been aimed, rather, at ensuring that, in accordance with the requirements of the Convention, both sexes have the right to choose in this domain, and that while no legislative restrictions impede free access to training for different occupations, the practice respects the legislative framework. The Committee stands assured by the Government of its seriousness in applying the national policy on non-discriminatory education and training.

3. Regarding section 160 of the Labour Code, which prohibits co-mingling of men and women in the workplace, the Committee notes the Government's re-affirmation that there is no discrimination on the basis of sex in practice and that the various sectors of work are open to Saudi women without being limited to certain traditionally feminine occupations or indeed to any specified occupation. According to the Government, they have entered many fields alongside men, such as in commerce, industry, education, medicine and related occupations, pharmacy and hospital management, and the audiovisual field. The Committee welcomes these statements concerning the practice in the country. It recalls that it has stated in past observations that the requirement in the legislation may result in occupational segregation according to sex if it limits women in fact to professions which are deemed suitable to their nature, or if it limits their access to certain professions. Noting that the latest information from the Government on the labour market indicates that the legislative ban on co-mingling has not hindered women's access to various occupations as they wish, the Committee requests the Government to continue to inform it of the jobs that women actually do in spite of section 160. It would be particularly interested in receiving data reflecting the number and level of women in the civil service, particularly in high-level grades, which the Committee had been seeking in previous direct requests.

4. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the information supplied by the Government in its report concerning the application of Ministerial Order No. 326 of 1993 to determine the hazardous occupations and activities which women may not perform, in accordance with section 160 of the Labour Code. The Committee notes in particular that work is prohibited in these dangerous and harmful industries whether the exposure is direct or indirect. The Committee draws the Government's attention to paragraph 144 of its 1988 General Survey on equality in employment and occupation, which deals with the legitimacy of protecting women workers against the biological risks which they face as women. The Committee is sensitive to the needs of different countries when examining special measures of protection of women; its position as set out in Chapter III of the above-mentioned General Survey echoes that of the International Labour Conference in its 1975 Declaration on Equality of Opportunity and Treatment for Women Workers, namely that protection should aim at improvement of the conditions of all employees and special measures for women should be taken only for work proved to be potentially prejudicial to reproduction, and that such measures should be reviewed periodically in the light of advances in scientific knowledge. The Committee would therefore ask the Government whether the long list of jobs which are considered in Ministerial Order No. 26 to be too dangerous to be performed by women, might be reviewed, so that it does not unduly restrict equal opportunity for women in access to these occupations and trades.

2. With regard to women's employment in the public sector, the Committee notes the Government's rectification of the translation of the situations reflected in the previous direct request. The Civil Service Code provides that promotion must proceed in accordance with the rules on occupational classification and that promotion beyond grade 13 for both sexes is subject to an order of the Council of Ministers. Noting that the Government again states that there are actually women occupying posts above this high-ranking grade, the Committee would ask it to supply the number of women in such positions and their proportion compared to the number of men in high-level civil service posts. In this respect the Committee considers that it would be useful if the Government would supply copies of any national report on the situation of Saudi women that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

3. Regarding equality of opportunity and treatment, and the actual employment situation of Shiite Muslims, the Government refers the Committee to its report of June 1994, in which it denies any discrimination against minority groups on the basis of religion or race. According to that report, Shari'a law and Royal Decree No. A/90 uphold the principle of equality without any discrimination. The Committee welcomes this restatement of the national policy of non-discrimination in this respect, and asks the Government to provide information in future reports on any measures under consideration or being continued to pursue that policy, including, for example, statistics on the labour market participation of workers of different minorities.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee takes due note of Ministerial Order No. 326 of 21 January 1993 determining the hazardous occupations and activities which women may not perform, in accordance with section 160 of the Labour Code. The Committee would be grateful if the Government would indicate to what extent women are able to work in the industries or sectors listed in section 1(7) of the Order in jobs where they would not be directly exposed to the prohibited substances.

2. With regard to the public sector, the Committee notes the Government's statement that women can be promoted to high grades, but not exceeding grade 13, and that some of them hold posts at this level. The Committee asks the Government to indicate the number of women in such positions and the measures taken or envisaged to encourage their professional development and promote their advancement in this sector.

3. Further to its previous comments, the Committee asks the Government once again to indicate how it applies the principles of the Convention to Shiite Muslims who are citizens of Saudi Arabia, particularly as regards access to employment and career advancement.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the Government's report in reply to its previous observation.

2. The Committee recalls that the International Confederation of Arab Trade Unions (ICATU) had communicated observations in March 1993, transmitting comments on the observance of the Convention, as outlined in the Committee's previous observation. The Committee notes that the Government again questions the source of the information transmitted by ICATU. The Committee notes that the Government has not given a direct reply in the context of the ICATU communication. However, the same issues are dealt with more generally in the Government's report and in the Committee's previous examination of the Convention's application.

3. The Committee recalls its continuing dialogue with the Government, in relation to this and other Conventions, based on the Government's position that the application of Islamic law, known as Shari'a, is sufficient to guarantee the observance of the Convention. The Government has acknowledged, in its most recent report, that this position may cause some confusion, as different Islamic countries apply the Shari'a in different ways on secondary issues, though they do not differ as to what are the legitimately established pillars and foundations of Islam.

4. The Committee has noted with interest the detailed explanations provided by the Government. Two specific issues have been the focus of discussion. The first is 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 appurtenances thereto". The second question, closely related to the first, concerns access of women to vocational training for occupations which are not traditionally "feminine".

5. The Government emphasizes in its report that Shari'a cannot be changed or replaced, and that it is above statutory law. It has asked the Committee to refrain from dealing with matters of a political or religious nature.

6. The Committee stresses that the Convention, while providing that the obligation to promote equality of opportunity and treatment in employment and occupation must be carried out "by methods appropriate to national conditions and practice", requires that each Member for which it is in force declare and pursue a national policy to eliminate any discrimination in this respect based on race, colour, sex, religion, political opinion, national extraction or social origin (Article 2 of the Convention). It is in this context, and in accordance with its mandate and mission (as revised by the 103rd Session of the Governing Body (1947) and restated in the Committee's 1987 General Report), that the Committee noted in its previous observation that the prohibition of men and women being together at the workplace results in practice in occupational segregation according to sex since it restricts women to jobs where they will be in contact only with other women, and which are deemed to be suitable to their nature and not contrary to current traditions.

7. The Committee requests the Government again to take the necessary measures to give full effect to the Convention.

8. The Committee is addressing a request directly to the Government on a certain number of other points.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee's dialogue with the Government concerning the application of this Convention has centred on two specific issues. The first is 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 appurtenances thereto". The second question, closely linked to the first, concerns access of women to vocational training for occupations which are not traditionally "feminine".

2. While noting the Government's statements concerning the application of the Convention through Islamic law, the Shari'a, the Committee had pointed out in its previous comments that Article 2 of the Convention requires that each Member for which the Convention is in force declare and pursue a national policy to eliminate any discrimination based on, inter alia, sex in employment using "methods appropriate to national conditions and practice". The Committee accordingly requested the Government to take the necessary measures to give full effect to the Convention.

3. The Government states that its previous reports reflect the measures taken to give effect to the Convention and that no further legislative measures have been taken. The Government explains, in its most recent report, that section 160 does not regulate equal opportunities in employment or equal rights, but is rather a measure which is derived from rules of conduct applied by Saudi society more generally. The ban on co-mingling is not restricted to the workplace. It is a principle related to a religious matter, dictated by the provisions of the Shari'a (which constitutes the Constitution of the country) to protect the dignity of working women and protect morals. Such co-mingling is also prohibited, for example, in places of worship. The Government states that, according to the definition of "discrimination" in Article 1, paragraph 1(a), of the Convention, section 160 cannot amount to discrimination, since it does not provide for men to be given preference over women, or for women to be left out so as to give men job opportunities or special treatment in employment and occupation. The Government states that the Labour Code contains no discriminatory provisions whatsoever, and on the contrary devotes a special chapter to women's employment in order to give them more privileges and protection as required by their nature and abilities. The Government states that if women willingly refuse to perform jobs or occupations which make them mix with men, it is because of their deep belief in their religion. Noting that the Convention stresses the importance of taking account of national conditions and practice, the Government states that it is not correct to say that section 160 restricts women to occupations where they will be in contact only with other women: it stems from the societal ban based on the traditions of Saudi society whereby the members of both sexes work in freely chosen occupations after having chosen to obey this prohibition on co-mingling. Section 160 merely reflects the social behaviour by emphasizing that employers must obey traditions.

4. On the second issue, the Government states that its concern with education and training extends to the workforce in general, both men and women, taking account of the fact that Saudi women have a particular opinion about working outside their home. Workers of both sexes are trained side by side in a variety of activities: pedagogical; health care, including laboratory and secretarial work; hospital management; statistics and planning. These occupations, according to the Government "are not considered traditionally feminine'".

5. The Committee notes with interest the Government's explanation of the origin of section 160. The Committee points out that it is not necessary for measures to have a discriminatory intent for them to be in contradiction with the Convention. The Committee observes that the impact of this section of the Labour Code on the working conditions of women does fall within the definition of discrimination on the basis of sex contained in the Convention. The Committee considers that the requirement in the legislation may result in occupational segregation according to sex if it limits women in fact to professions which are deemed to be suitable for their nature, or if it limits their access to certain professions. In the present case, the Committee notes also that the legislative provision in question codifies in law behaviour which the Government says is voluntary. The Committee accordingly trusts that the Government's future reports will inform it of developments in workplace legislation and practice that give full effect to the Convention's requirements concerning equal opportunities between the sexes with particular attention to the opportunities that women enjoy in practice.

6. Likewise, the Committee notes the Government's commitment to vocational training for the workforce in general, covering both men and women. It would however appreciate receiving more information on the impact of the Government's statement that women's training "takes account of the fact that Saudi women have a particular opinion about working outside their home". The Committee also asks the Government to provide more detailed information on the training provided to women side by side with men, for example, descriptions of training institutes and their courses; and statistics, disaggregated by sex, on the number of students and graduates of these courses.

7. The Committee is addressing a request directly to the Government on other points.

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

1. Regarding the Shiite Muslims, the Committee again requests the Government, in its next report, to reply to the points made in the Committee's previous direct request.

2. The Committee recalls the Government's statement in its 1993 report that the Labour Ministry was about to conclude a study concerning the adoption of a ministerial decree to determine the dangerous occupations and activities which could not be carried out by women and adolescents. The Committee again requests the Government to supply a copy of this decree once it is adopted.

3. The Committee again requests the Government to indicate the measures taken or envisaged to promote the access of women to jobs, in particular in the public service, given the small overall percentage of women employed in this sector, as well as information on their possibilities of being appointed or promoted to posts in the higher categories (for example, above grade 13).

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

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's reply to its previous direct request to the effect that the information contained in the report by the United States Department of State for 1990 concerning the steps which had allegedly been taken to restrict or exclude workers belonging to the Shi'ite Muslim minority from certain jobs in the administration and in industry, and in particular in the Saudi Aramco Oil Company, are not true, in view of the fact that all individuals are equal in all fields of employment, irrespective of their colour and religion.

The Committee requests the Government to state whether measures have been taken to investigate the above allegations and, in general, any allegation relating to discriminatory situations which may exist in practice.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report in reply to its previous comments.

1. The Committee had requested the Government to supply information on the measures taken in practice to give effect to Islamic law (Sharia) and to guarantee the application of the principle of non-discrimination set out in the Convention. The Committee notes that the Government reiterates its previous statement to the effect that Islamic law represents the Constitution and the basic law of Saudi Arabia, and that the legislation has to be in accordance with its principles, which advocate equality and justice. The Government states that the provisions of the Labour Code are inspired by the above principles and contain no discrimination on grounds of origin, colour, sex or religion.

The Committee wishes to emphasize that, in accordance with Article 3(b), (c), (e) and (f) of the Convention, the Government is bound to enact such legislation and to promote such educational programmes as may be calculated to secure the acceptance and observance of a national policy to promote equality of opportunity and treatment; to pursue the above policy in respect of employment under the direct control of a national authority; to ensure observance of the above policy in the activities of vocational guidance, vocational training and placement services; and to indicate the action taken in pursuance of this policy and the results secured by such action.

2. The Committee notes that, according to the Government's report, the prohibition on mixed workforces laid down in 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", does not constitute a condition for employment or the determination of occupations and therefore has no relation to or effect upon the rules relating to equality of opportunity in employment and occupation, but is a measure subsequent to recruitment dictated by the traditions in force in Saudi Arabia. The Committee observes that the prohibition on men and women being side by side at the workplace has the effect of prejudicing equality of opportunity and treatment between men and women and is therefore incompatible with the policy provided for by the Convention, since it considerably limits the access of women to employment in practice by permitting their employment only where they are in contact only with other women. This is confirmed by the Government's statement that women are only admitted to occupations which suit their nature and which are not contrary to the traditions in force in the Kingdom or to the teachings of the Islamic religion. The Committee would therefore be grateful if the Government would indicate the measures which have been taken or are envisaged to repeal section 160 of the Labour Code, in accordance with Article 3(c) of the Convention.

3. With regard to the promotion of equality in the field of vocational training, the Committee notes that, according to the report, the Government gives special importance to technical and vocational training for both men and women, but that for women the emphasis is placed on activities which are appropriate to their physical nature and the social and occupational activities which interest them the most, taking into consideration the fact that they consider that their primary function is to be wives and mothers. The Government points out that, when women wish to work, they are only admitted to occupations which are appropriate to their nature and which are not contrary to the traditions and teachings of the Islamic religion. The Government mentions, among the fields in which women receive training, teacher training in preparation for education, training for nursing and other auxiliary health occupations, and sewing. It gives statistics on the numbers of girls and boys undergoing training for the education and health sectors and in sewing.

The Committee refers to paragraph 38 of its 1988 General Survey on Equality in Employment and Occupation in which it refers to archaic and stereotyped concepts with regard to the respective roles of men and women, which are at the origin of types of discrimination based on sex and occupational segregation according to sex which leads to the concentration of men and women in different occupations and sectors of activity. It requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure that girls have access to types of training which lead to occupations and responsibilities which are open to boys, including training for occupations and activities which are not traditionally considered to be feminine. Please state in particular whether women have access to training for the occupations of doctor and magistrate.

4. The Committee notes the Government's statement that the Ministry of Labour is about to complete a study concerning the adoption of a ministerial order to determine the hazardous occupations and activities forbidden to women and young persons. The Committee requests the Government to supply a copy of the above ministerial order as soon as it is adopted.

5. The Committee notes that the Government does not have at its disposal statistics on the respective numbers of men and women in the active population and their distribution by sector and occupation. The Committee observes, nevertheless, that global statistics have been quoted showing the number of women employed in the public administration to be 152,957, representing 22 per cent of all posts. It also notes that, according to the statistics supplied by the Government in its report on Convention No. 100, the percentage of women employed in the public administration varies between 8 per cent (for employees) to 48 per cent (for teachers). The Committee consequently asks the Government to supply information in its next report on the positive measures which have been taken to promote the access of women to employment, and in particular to employment in the public sector, in view of the low overall percentage of women employed in that sector.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has learned, through the country reports on human rights practices for 1990, by the US Department of State, that steps would have been taken to restrict or exclude employment of workers, belonging to the Shiite Muslim minority, from certain jobs in the administration and in industry, in particular at the Aramco oil company. The Committee requests the Government to supply information on this question in its next report, having regard in particular to the provisions of Article 1(a) of the Convention relating to discrimination on the basis of religion.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee takes note of the information supplied by the Government in reply to its previous direct request and, in particular, the information relating to the application of Islamic law (Sharia). In this respect, the Government repeats that the Sharia is the country's basic law and that its principles serve as references when there are gaps in the ordinary legislation, which should be in conformity with the Sharia or will be deemed null and void. In addition, the Government states that the Sharia preaches principles of justice and equality and its precepts must be respected by the authorities, collectivities and individuals. The Government states that because of this any violation of the principle of equality of opportunity and treatment in employment for any of the reasons set out in Article 1, paragraph (a) of the Convention would be a violation of the Sharia, which is unthinkable.

The Committee takes note of this statement. Referring to its previous comments, it again requests the Government to supply information on the measures taken in practice to give effect to Islamic law and to promote, in accordance with Articles 2 and 3 of the Convention, equality of opportunity and treatment in employment and occupation so as to eliminate any discrimination based on the reasons set out in Article 1(a).

2. The Committee requests the Government to indicate the measures taken to promote, by an appropriate national policy, equality between men and women in employment in view of the terms of section 160 of the Labour Code according to which "in no case may men and women commingle in the place of employment or in the accessory facilities or other appurtenances thereto". Please provide statistics on the respective number of men and women in the active population and on their distribution by branch of activities and occupation.

3. As regards the measures taken to promote equality in the field of vocational training, the Committee recalls the information given previously by the Government to the effect that training centres created by the Government are open to all citizens without distinction, in conformity with the Convention, with the requirements of Islamic law and with national customs; this has not impeded the establishment of private training centres involved in the training of women in areas such as nursing, stenography and weaving. The Committee again requests the Government to indicate the number of women who have had access to government-created training centres and their percentage compared with men, as well as the employment for which training was given.

4. As for access to employment and equal working conditions, the Committee recalls the information provided previously by the Government according to which no ministerial order has been adopted to determine occupations or activities forbidden because of their dangerous nature to women, young persons and children and that, because of this fact, the ban remains limited to those jobs listed in section 160 of the Labour Code. The Committee notes that section 160 gives an open-ended list of hazardous operations and harmful industries (such as "power-operated machinery, mines, quarries") and could also be open to usages not in conformity with the aim of the ban provided for in the Labour Code, or with the principle of non-discrimination set out in the Convention. The Committee requests the Government to keep it informed of any measure taken under this provision of the Labour Code.

5. The Committee repeats its previous requests relating to the application of Royal Decree No. 49 of 26 June 1977 (10 Rajab 1397H) on the public service. The Committee would like to have more detailed information on the classification of posts and the objective evaluation of tasks relating to the different categories of public servants set out in sections 2 and 3 of this statute. In addition, the Committee requests the Government to indicate the number of women employed in the public service and their percentage compared with the number of men, and the opportunities for designation and promotion to higher posts (after grade 13, for example) that are available to them.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in reply to its previous comments and its statement that the measures intended to apply Islamic law, which are intended to combat any discrimination between citizens, are based on the fact that any illegal discrimination is considered to be an injustice prohibited by the Koran and the "Sunna" (the sayings and practice of the Prophet) and that the principles of Islamic law are not only moral obligations but have been set down in legal texts so that they can be implemented. The Committee notes this statement and requests the Government to indicate in its next report any positive practical step that has been taken to give effect to Islamic law and also to apply the principle of non-discrimination on the grounds set out in Article 1(a) of the Convention. The Committee would be grateful to be provided, in particular, with details on the results obtained, following these measures, in the field of equality of opportunity and treatment in employment and occupation, as set out in the Convention.

2. In its previous comments, the Committee noted the information supplied by the Government concerning the measures that have been taken to promote vocational training, and it requested the Government to indicate the number of women who have had access to the training centres set up by the Government, their percentage in relation to men, and the jobs for which they have been trained. As the Government's report contains no reply on this point, the Committee is bound to repeat its request and hopes that the next report will contain the information that has been requested.

3. As to access to employment and equal conditions of employment, the Committee notes the Government's indication that no ministerial order has been issued to specify the occupations and activities that are prohibited to women and young persons on the grounds that they are dangerous and that, as a consequence, this prohibition remains confined to the types of work set out in section 160 of the Labour Code. The Committee requests the Government to keep it informed of any changes that may occur in this respect.

4. In its previous comments regarding the conditions of service of the public service (Royal Decree No. 49 of 10 July 1937), the Committee requested fuller information on job classification and the objective appraisal of jobs in respect of the various categories of public servants set out in sections 2 and 3 of the conditions of service. The Committee also requested the Government to indicate the number of women employed in the public administration and their percentage in relation to that of men, and to state how far they are recruited for, or promoted to, posts in the higher grades (from grade 13 up for example). As the Government has not supplied information in reply to these comments, the Committee is bound to repeat its request in the hope that the next report will contain information on the above points.