Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Arabia Saudita (Ratificación : 2001)

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Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee previously observed that Order No. 1/738 of 4 July 2004 prohibits child labour and the exploitation of children. It also observed that this regulation does not explicitly prohibit the forced or compulsory labour of children under 18 years. It noted that Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking, prohibits trafficking for the purpose of forced labour, but observed that this provision does not appear to prohibit forced labour that occurs independently of human trafficking. Referring to its comments made in its 2008 observation under the Forced Labour Convention, 1930 (No. 29), the Committee noted that migrant domestic workers are vulnerable to exploitation in their working conditions, such as the retention of their passports by their employers, which in turn deprives them of their freedom of movement to leave the country or change their employment. In this regard, the Committee noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 April 2008, expressed concern regarding the economic and sexual exploitation and ill-treatment of young migrant girls employed as domestic servants (CEDAW/C/SAU/CO/2, paragraph 23).

The Committee notes the Government’s reference to section 61(1) of the Labour Code which prohibits employers from using workers to exact labour without the payment of wages. In this regard, the Committee once again refers to its comments made under Convention No. 29 in 2009, where it noted that section 239 of the Labour Code limits the penalties for this offence to monetary fines. Moreover, the Committee notes that section 7 of the Labour Code excludes domestic workers from its scope of application. The Committee therefore requests the Government to take the necessary measures to ensure that persons who commit offences with regard to the forced or compulsory labour of children not linked to trafficking are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the number of prosecutions, convictions and penalties applied for cases involving the forced labour of children under the age of 18, particularly with regard to children engaged in domestic work.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee previously noted the Government’s information that the use, procuring or offering of a child for prostitution or for pornographic performances was prohibited by the Holy Koran and the Prophet’s Sunna, but observed that this did not appear to be contained in legislation. It also observed that Order No. 1/738 of 2004 prohibits child labour exploitation, but does not specifically prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. However, the Committee noted the Government’s indication that draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation were being examined in the Majilis El Shoura. The Committee expressed the firm hope that these regulations would include provisions specifically prohibiting the commercial sexual exploitation of children.

The Committee notes with concern an absence of information on this point in the Government’s report. The Committee accordingly urges the Government to take the necessary measures to ensure that legislation specifically prohibiting the use, procuring or offering of children under 18 years for prostitution and for the production of pornography or pornographic performances is adopted in the near future.

Clause (d). Hazardous work. Domestic and agricultural workers. The Committee previously noted that agricultural workers and domestic workers do not benefit from the protection laid down in the Labour Code.

The Committee notes the Government’s statement that the exclusion of agricultural workers and domestic workers from the provisions of the Labour Code does not justify or authorize exploitation of workers in these sectors. The Government states that the reason for such exclusions is the difficulty of applying the Labour Code to agricultural and domestic work. The Committee also notes the Government’s indication that the Ministerial Order No. 2839 of 1 October 2006 on hazardous types of work does not apply to the categories excluded by the Labour Code. However, the Government states that it pays attention to ensuing that children under the age of 18 avoid engaging in 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. Recalling that the prohibition on hazardous work applies to persons under 18 years of age working in all sectors, including in domestic work and in agriculture, the Committee requests the Government to take effective and time-bound measures to ensure that children working in these sectors do not engage in hazardous work. It requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

Articles 5 and 7(1). Monitoring mechanisms and penalties. 1. Trafficking. The Committee previously noted that sections 3 and 4 of Order No. 244 provide sufficiently dissuasive penalties for the offence of trafficking a person under 18. However, the Committee noted the information in the UNICEF report entitled “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (UNICEF Trafficking Report), released in 2007, that a UNICEF rapid assessment survey estimated that tens of thousands of children, particularly boys from Yemen, are trafficked to Saudi Arabia for the purpose of labour exploitation each year. The Committee also noted that Saudi Arabia is a destination country for Nigerian, Pakistani, Afghan, Chadian and Sudanese children trafficked for the purpose of labour exploitation. The Committee requested information on the application of Order No. 244 in practice.

The Committee notes the Government’s statement that, due to the recent promulgation of Order No. 244 in 2009, there have been no infringements detected of this law and no trials for perpetrators of human trafficking. It also notes the Government’s statement that it intends to take measures to prosecute persons found in violation of child trafficking, regardless of their nationality. However, noting previous information that the trafficking of persons under 18 does occur in Saudi Arabia, the Committee expresses its deep concern regarding the lack of detection of cases of child trafficking by law enforcement bodies. The Committee therefore urges the Government to take immediate measures to strengthen the relevant monitoring mechanisms to ensure that thorough investigations and robust prosecutions of offenders of child trafficking are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the progress made in this regard in its next report, including the number of violations detected, prosecutions, convictions and penalties applied in connection with cases of trafficking of persons under 18 years of age.

2. Child begging. The Committee previously noted that the penalties provided in Order No. 1/738 for the offence of hiring children for the purpose of begging were not sufficiently effective and dissuasive.

The Committee notes the Government’s statement that Order No. 1/738 does not impose sufficiently effective and dissuasive penalties for the offence of hiring children for the purpose of begging. However, the Government states that using a child for the purpose of begging should be considered to be an act of human trafficking under Order No. 244. In this regard, the Committee notes the Government’s indication that this issue is under examination by the competent bodies, due to the dangerous nature of the phenomenon. The Government states that a regulation is currently being examined which would guarantee the adoption of measures to ensure that persons who employ, import, or expose children under 18 to begging shall be prosecuted, and that sanctions shall be imposed. The Committee recalls that, pursuant to Article 7(1), of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. It accordingly urges the Government to take the necessary measures to ensure that, through the examination of this issue by the competent bodies, regulations are adopted containing sufficiently effective and dissuasive penalties for persons who use, procure or offer children under 18 years for the purpose of begging. It requests the Government to provide a copy of the provisions adopted for this purpose with its next report, as well as information on prosecutions carried out in this regard and penalties imposed.

3. Employing children under 18 years as camel jockeys. The Committee previously noted that, according to the Royal Decree No. 13000 of 17 April 2002, a camel owner who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning a race, receive the prize. While the Committee noted the Government’s statement that a camel owner who employs a person under 18 is punished whether or not he wins the race, it observed that this did not appear to be specified in the text of the Royal Decree No. 13000. Moreover, the Committee observed that the penalties provided for in the Royal Decree No. 13000 did not appear to be sufficiently effective and dissuasive. It drew the Government’s attention to its observation of 2006 made on the application by Qatar of Convention No. 182, in respect of the prohibition and elimination of the use of children under 18 years for camel racing as well as the use of robot jockeys.

The Committee notes the Government’s statement that participants under 18 are prohibited from engaging in camel racing. The Government also states that measures are being taken so as to eliminate any violations of children’s rights in this regard. The Government states that each jockey is required to furnish official documents attesting to their age (national ID, passport or residence permit), after which they will be issued a “jockey card”, with a photo stamped with the particular festival’s seal. The Government states that, before a race, the competent committees inspect the jockey card, matching the photo to the name on the ID. The Government also states that, pursuant to rules on animal care, robot jockeys are prohibited from races which are supervised by the National Guard. The Government also states that it endeavours to put a limit on any of the excesses which may occur in private races not supervised by the National Guard. The Committee requests the Government to provide a copy of the instructions or regulations outlining the procedure for identification checks, the issuance of “jockey cards”, and the verification of such cards prior to the race. It also requests the Government to provide information on the concrete measures taken to ensure that children under the age of 18 are not engaged as camel jockeys in private races that are not supervised by the national guard. Lastly, it requests the Government to provide information on the penalties imposed on persons found to be engaging children in camel racing, in addition to the preventive measures taken.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. 1. Trafficking of children for labour or sexual exploitation. The Committee previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys, in addition to women under the age of 18 who were trafficked from Indonesia for the purpose of commercial sexual exploitation. The Committee noted the Government’s information that numerous efforts were being deployed by the Government to eliminate the trafficking of children, including the adoption of new legislation on trafficking in persons. In this regard, the Committee requested a copy of Order No. 244.

The Committee notes that section 15 of Order No. 244 states that measures shall be adopted for victims of trafficking during investigations and prosecutions. These measures include informing the victim of his/her legal rights; referring the victim to a physician if he/she appears to be in need of medical or psychological care; admitting the victim to a medical, psychological and social rehabilitation centre if necessitated by his/her condition or age; admitting the victim to a specialized centre if he/she needs shelter; and providing police protection if necessary. The Committee also notes the Government’s statement that, pursuant to Order No. 244, a committee to combat human trafficking crimes was established. The mandate of the committee to combat human trafficking crimes includes undertaking research, collecting information and undertaking informational campaigns as well as social and economic initiatives to prohibit and combat human trafficking. The Government further indicates that the committee to combat human trafficking crimes shall develop a policy which encourages the active search for victims, and the provision of training related to the identification of victims. The Committee requests the Government to provide information on the effective and time-bound measures taken to prevent the trafficking of children taken by the committee to combat human trafficking crimes, as well as on the policy developed to facilitate the identification of victims of trafficking. It further requests the Government to provide information on the number of child victims of trafficking for the purpose of commercial sexual exploitation or camel racing who have been identified and admitted to a shelter or a medical, psychological and social rehabilitation centre, pursuant to Order No. 244.

2. Street children and children engaged in begging. In its previous comments, the Committee noted the information in the UNICEF Trafficking Report that it is officially estimated that there are over 83,000 children selling small goods and begging on the streets of major cities in Saudi Arabia. It also noted that according to a UNICEF report entitled “Trafficking in children and child involvement in beggary in Saudi Arabia”, the Ministry of Social Affairs established the Office for Combating Beggary, and that these offices employ social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 are sent to the Shelter Centre in Jeddah. However, this UNICEF report indicated that the majority of persons involved in begging are foreign nationals, and if found to be undocumented or illegal residents, these children are deported within a period of two weeks from their arrest. The report also noted that there is no effort made to distinguish between trafficked and non-trafficked children. This UNICEF report further indicated that these children were not provided with psychological or legal assistance, and that there were few services for the rehabilitation and social integration of these children.

The Committee notes the Government’s statement that the Ministry of Social Affairs has set up a Centre for Foreign Child Beggars in Mecca. The Government indicates that this Centre will welcome children who have been arrested by the competent bodies and provide them with social, health and psychological services until their parents can be identified by the competent authorities. Moreover, the Government indicates that work is underway to rent buildings for the establishment of similar centres in the governorates of Jeddah and Medina. The Committee also notes the Government’s indication that several civil society institutions are represented in the Centre For Foreign Child Beggars, under the authority of the Charity Association, and that the Charity Association provides children with the necessary services until they have been reunited with their families or repatriated. The Committee further notes the Government’s statement that it endeavours to distinguish between children who are trafficked and those that are not, in its handling of children engaged in begging. With regard to foreign children, the Government indicates that the police appoint investigators to carry out searches for their families. After their parents have been identified, the Government indicates that coordination is ensured with the repatriation units at the Passport Department to complete the procedures for their travel. The Government indicates that those children that cannot be identified are released and provided with guidance. Noting the significant number of children engaged in begging in Saudi Arabia, as well the number of children trafficked for this purpose, the Committee urges the Government to pursue its efforts to provide appropriate services to these children for their rehabilitation and social integration. It requests the Government to provide information on the number of children that have been provided services through the Centre For Foreign Child Beggars in Mecca, as well as those in Jeddah and Medina, once established. It also requests the Government to provide information on the number of child victims of begging who have been provided with support for their repatriation and family reunification, as well as on the support provided to children whose parents are not identified.

Parts IV and V of the report form. Labour inspectorate and the application of the Convention in practice. The Committee previously noted the information available in the UNICEF Trafficking Report that while trafficking of children remains a significant issue in Saudi Arabia, there is a severe lack of data on this topic.

The Committee notes the Government’s indication that it will take measures to complete available data on child trafficking, if the phenomenon is present in the country. It also notes the Government’s statement that labour inspectors did not detect, during inspections, any cases which would require intervention and notification. The Committee once again expresses its concern at the lack of data available on the trafficking of children, and it urges the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, including child trafficking, the exploitation of children in commercial sexual exploitation and in begging, is made available. To the extent possible, all data provided should be disaggregated by sex and by age.