Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (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.