Observación (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

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 does not explicitly prohibit the forced or compulsory labour of children under 18 years. Referring to its comments made in its 2008 observation under the Forced Labour Convention, 1930 (No. 29), the Committee noted that migrant domestic workers were vulnerable to exploitation in their working conditions, such as the retention of their passports by their employers, which in turn deprived 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 noted 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 referred 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 notes the Government’s indication that the Labour Code and the Child Protection Act, which was approved on 24 December 2012, prohibit all employment of children under 15 years of age. However, the Committee observes that, by virtue of Article 3(a) of the Convention, forced or compulsory labour is considered a worst form of child labour which must be prohibited to all children under 18 years of age. The Committee therefore strongly urges the Government to take the necessary measures to ensure that persons who commit offences with regard to the forced or compulsory labour of children, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It once again 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 years, particularly with regard to children engaged in domestic work.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. Trafficking. The Committee previously noted that, according to the UNICEF report entitled “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (UNICEF Trafficking Report), released in 2007, a UNICEF rapid assessment survey estimated that tens of thousands of children, particularly boys from Yemen, but also from Afghanistan, Chad, Nigeria, Pakistan and Sudan, were trafficked to Saudi Arabia for the purpose of labour exploitation each year. However, the Committee noted that, as of 2009, there were no infringements detected of Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking (Order No. 244), and no trials for perpetrators of human trafficking. Moreover, the Committee noted that, while trafficking of children remained a significant issue in Saudi Arabia, there was a severe lack of data on this topic. The Committee noted the Government’s indication that it would take measures to complete available data on child trafficking. It also noted the Government’s statement that labour inspectors did not detect, during inspections, any cases which would require intervention and notification.

The Committee notes the Government’s information that the Agency responsible for investigation and public prosecution refers cases to the courts who apply the provisions of Order No. 244 and hand down the legal sentences against those convicted of trafficking. In this regard, the Government indicates, in its report under Convention No. 29, that in 2010–11, there were 32 sentences rendered against persons convicted of having committed crimes related to trafficking of persons, involving 51 victims. The Committee notes the Government’s indication that no cases in which children were exposed to human trafficking for the purpose of sexual exploitation have been detected. However, the Committee must once again express its deep concern regarding the lack of detection of cases of child trafficking by law enforcement bodies, in particular for labour exploitation. 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. Moreover, the Committee urges the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, including child trafficking, and the commercial sexual exploitation of children, is made available. 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.

Article 7(1). Penalties. Child begging. The Committee previously noted that the penalties provided in Order No. 1/738 for the offence of hiring children for the purpose of begging were not sufficiently effective and dissuasive. In this regard, the Government stated that a regulation was being examined which would guarantee the adoption of measures to ensure that persons who involve children under 18 years in begging would be prosecuted, and that sanctions would be imposed.

The Committee notes with deep concern the Government’s indication that there are about 83,000 street children and child beggars in the Kingdom. The Committee once again 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. Moreover, by virtue of Article 1 of the Convention, immediate and effective measures must be taken as a matter of urgency to ensure the prohibition and elimination of the worst forms of child labour. The Committee, therefore, urges the Government to take immediate measures so that 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.

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. Street children and children engaged in begging. In its previous comments, the Committee noted that the Ministry of Social Affairs established the Office for Combating Beggary, and that this office employed 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 years were sent to the shelter centre in Jeddah. However, the Committee noted that the majority of persons involved in begging were foreign nationals, and if found to be undocumented or illegal residents, these children were deported within a period of two weeks from their arrest. The Committee also noted that there was no effort made to distinguish between trafficked and non-trafficked children.

The Committee notes the Government’s indication that an estimated 6,139 children were provided with services through the Centre for Foreign Child Beggars in Mecca, as well as those now established in Jeddah and Medina. The Government also indicates that 6,072 child victims of begging have been provided with support for their repatriation and family reunification. Moreover, the Government states that those foreign child victims of begging whose parents cannot be identified are also accommodated by the Centre for Foreign Child Beggar, where they receive medical, social, and psychological services. However, the Committee observes with concern that the number of child beggars who benefitted from support services is low comparatively to the overall number of street children and child beggars in the country (83,000 according to the Government). The Committee urges the Government to pursue its efforts to provide appropriate services to children engaged in begging to facilitate their rehabilitation and social integration, and to provide information on the results achieved. With regard to child beggars who are foreign nationals, the Committee urges the Government to continue to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

2. 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 years who were trafficked from Indonesia for the purpose of commercial sexual exploitation. The Committee noted that section 15 of Order No. 244 states that measures shall be adopted for victims of trafficking during investigations and prosecutions, including medical or psychological care; admittance to a rehabilitation centre or specialized centre; and police protection if necessary. The Committee also noted the Government’s statement that, pursuant to Order No. 244, a committee to combat human trafficking crimes was established.

The Committee notes with concern the Government’s statement that there have been no specific cases 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. The Committee urges the Government to take effective and time-bound measures to ensure that, pursuant to Order No. 244, child victims of trafficking for the purpose of commercial sexual exploitation or camel racing are effectively identified and admitted to a shelter or a medical, psychological and social rehabilitation centre. It requests the Government to provide information on the results achieved.

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