Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes the absence of information in the Government’s report on this point. However, it observes that the Government indicated to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 265) that the sale or trafficking in children is prohibited. The Committee recalls that, under Article 3(a) of the Convention, the sale and trafficking of children are considered to be one of the worst forms of child labour, and consequently are prohibited for children under 18 years. The Committee requests the Government to provide a copy of the legal provisions that prohibit and punish the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation.

2. Forced or compulsory labour. The Committee notes the absence of information in the Government’s report on this point. In its 2003 observation on the application of Convention No. 29, the Committee had noted the Government’s indication that forced or compulsory labour would be regarded as a constraint under the Shari’a and that, if a case was brought to a court, the judge in applying the Shari’a may subject the offender to penalties. The Committee recalls that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery such as forced or compulsory labour of children under 18 years constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly asks the Government to provide a copy of the legal provisions that explicitly prohibit the forced or compulsory labour of children under 18 years of age, and applicable penalties. In the absence of such legal provisions, the Committee requests the Government to indicate the measures taken or envisaged to this end.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 34 of Royal Decree No. A/90 of 1 March 1992 states that  "defence of the Islamic creed, society and the homeland are the responsibility of all. The system elucidates the rules of military services". It also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 247) that the recruitment of persons under 18 years of age in the armed forces is prohibited. The Committee requests the Government to indicate which legal provision prohibits the compulsory recruitment of children under 18 years of age in armed conflict and to provide a copy thereof.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 264) that "the State prohibits all forms of sexual exploitation of children and imposes appropriate penalties, in accordance with Islamic law, on persons who engage in sexual exploitation". However, the Committee also observes that, according to the Committee on the Rights of the Child, there is no published criminal code and code of criminal procedure in Saudi Arabia (CRC/C/15/Add.148, concluding observations, 22 February 2001, paragraph 41). The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour, and is therefore prohibited. The Committee requests the Government to indicate which legal provisions prohibit the use, procuring or offering of children under 18 years for prostitution or pornography, and to provide a copy thereof.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work. The Committee notes that a person under 18 years of age shall not be employed at night (i.e. at least 11 hours between sunset and sunrise) and for a period exceeding six hours per day. It also notes that, according to section 160 of the Labour Code, women, young persons (i.e. a person aged 15 to 18 by virtue of section 7) and children (i.e. a person under 15 years of age) shall not be employed in hazardous operations or harmful industries, such as power-operated machinery, mines and quarries. Section 107(a) of the Labour Code provides that a person under 18 years of age shall not be employed as a seafarer.

Self-employed children. The Committee notes that, by virtue of section 160 of the Labour Code, young persons shall not be employed on any work which is likely to harm their health, safety or morals. However, the Committee observes that, by virtue of section 2(a) and (b) of Royal Decree No. M/21 of 15 November 1969, the scope of application of this Decree is limited to: (i) persons who work for an employer under his/her control or direction in return for a wage; and (ii) persons holding an apprenticeship contract. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Domestic and agricultural workers. The Committee notes that, by virtue of section 3 of the Labour Code, the following workers do not benefit from the protection laid down in the Labour Code: (i) persons employed in pastures, animal husbandry or agriculture, except for persons working in agricultural establishments which process their own product or persons who are permanently engaged in the operation or repair of mechanical equipment required for agriculture; or (ii) domestic servants and persons considered as such. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee requests the Government to indicate the measures taken or envisaged  to ensure that domestic and agricultural workers under 18 years of age do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, by virtue of section 160 of the Royal Decree No. M/21 of 15 November 1969, a list of hazardous occupations and industries shall be determined by a decision of the Minister of Labour. The Committee also notes the Government’s statement that the identification of hazardous occupations requires the existence of such occupations. The Government further indicates that hazardous work does not exist in Saudi Arabia; only camel racing has been identified as work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.  Consequently, Saudi Arabia adopted Royal Decree No. 1300 on 17 April 2002 which sets a minimum age of 18 years to take part in camel racing.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) are required to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government's attention to Paragraph 3 of the Recommendation No. 190 which provides that, in determining the types of such hazardous work, consideration should be given, inter alia to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (v) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide information on  any developments in this regard.

Article 4, paragraphs 2 and 3. Identification of hazardous work, and periodic examination and revision of the list of the types of hazardous work. The Committee notes the Government’s indication that regulations are constantly being reviewed to identify the types of work that are likely to be harmful to the health of children and to prohibit them. The Government also states that these reviews resulted, for instance, in the adoption of Royal Decree No. 13000 of 17 April 2002 that prohibits the use of children under 18 years of age for camel racing.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments under Convention No. 81, the Committee had noted that the Government recommended to compensate and give distinctions to inspection offices that are the most efficient in inspecting undertakings that are most likely to employ children (circulars Nos. 6552 of 18/4/1423, 12591/6 of 14/8/1423 and 158076 of 24/10/1423. The Committee had also noted that despite the low number of cases of child labour, the Government had decided to continue to supervise workplaces where violations were reported. The Committee notes that labour inspectorates are in charge of supervising the implementation of labour laws (section 24(a) of the Labour Code). To this end, labour inspectors are entitled to: (i) enter any establishments during working hours, without prior notice; (ii) conduct examinations or investigations that may be necessary to ascertain the proper enforcement of the Labour Code; (iii) question employers or employees; and (iv) examine all necessary documents (section 27 of the Labour Code). Labour inspectors shall also prepare a report on the contraventions observed (section 32 of the Labour Code), and prepare a monthly report on the labour inspection activities including the number and types of establishments inspected and the number and nature of the offences committed (section 34 of the Labour Code). The Committee requests the Government to continue to provide information on the activities of labour inspectors, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that, due to the absence of child labour in Saudi Arabia, it does not need to design any special programmes to eliminate the worst forms of child labour. The Committee reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Saudi Arabia.

Article 7, paragraph 1. Penalties. The Committee observes that, by virtue of section 204 of the Labour Code, an employer who employs a child under 18 years of age in hazardous occupations is liable to a fine of 500-1,000 riyals and shall pay compensation for the damage resulting from such violations. The Committee requests the Government to provide a copy of the legislation that provides for sanctions for the violation of the provisions prohibiting slavery or practices similar to slavery such as the sale and trafficking of children, and forced or compulsory labour. It also asks the Government to provide a copy of the legislation that provides penalties for the use of children for the purpose of sexual exploitation (including prostitution and pornography).

Camel jockeys. The Committee notes that, according to Royal Decree No. 13000 of 17 April 2002, the owner of a camel who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning, receive the prize. The Committee requests the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is liable to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an under-age jockey may not have won. It also asks the Government to provide information on the practical application of the abovementioned Decree.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indication that Saudi Arabia provides all the necessary services to all categories of population within its society. Such services include free education and health care which, according to the Government, contribute to avoiding the employment of children in the worst forms of child labour. The Committee nevertheless takes note of the absence of precise information in the Government’s report on the existence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (d) identifying and reaching out to children at special risk; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (d) and (e) of the Convention.

Article 7(a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children for labour or sexual exploitation. The Committee notes that, according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee had also noted in its observation on the application of Convention No. 29 by Bangladesh that the Government of Bangladesh itself ("Children in need of special protection" of December 2000 drafted by the Ministry of Women and Child Affairs of Bangladesh) was aware of children being trafficked from Bangladesh to Gulf States. The Committee also observes that, according to the UNESCO Trafficking Statistics Project, approximately 10 per cent of women prostitutes are under 18 years of age in Saudi Arabia. The majority of these girls were trafficked from Indonesia to Saudi Arabia for the purpose of sexual exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of girls and boys under 18 years of age into Saudi Arabia for labour or sexual exploitation.

2. Ensuring access to free basic education. The Committee notes that, according to section 30 of Royal Decree No. A/90 dated 1 March 1992, "the State makes education available and adheres to the principle of eradicating illiteracy". It also notes the Government’s indication to the Committee on the Rights of the Child (CC/C/61/Add.2, 29 March 2000, pages 12 and 68) that it provides free education for all categories of children and that elementary education is compulsory for all boys and girls, pursuant to section 1 of the Sixth Development Plan (1995-2000). The Government further states, in its report to the Committee on the Rights of the Child, that 4 million pupils are enrolled in primary education and that in 1993 the academic success rate was 83 per cent, the drop-out rate was 10 per cent and the average number of students completing primary education was 92 per cent. However, the Committee notes that, according to the UNICEF Basic Statistics on Saudi Arabia, the net primary school enrolment was 58 per cent from 1996 to 2002. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the measures taken or envisaged to improve access to free basic education for all children.

Article 8. International cooperation. The Committee notes that Saudi Arabia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes the Government’s indication that Saudi Arabia supports and provides assistance to poor, developing countries to combat poverty and promote education. The Committee asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government's indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents, including inspection reports, studies and inquiries and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee had noted, in its 2003 observation on the application of Convention No. 29, that the Government is in the process of examining a new draft Labour Code. The Committee hopes that the new labour legislation will take into account the points raised above. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.