Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (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.