Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

1. The Committee's dialogue with the Government concerning the application of this Convention has centred on: (a) 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"; and (b) access of women to vocational training for occupations which are not traditionally "feminine". While noting in its previous comments the Government's statements concerning the application of the Convention through Islamic law, the Shari'a, the Committee had pointed out that Article 2 of the Convention requires that each member State 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 Government described the social conditions which formed the background of section 160, explaining that it had no discriminatory intent and merely reflects the social behaviour by emphasizing that employers must obey traditions. The Government also replied that workers of both sexes are trained side by side in a variety of activities, many of which are not considered to be traditionally "feminine".

2. Regarding the training issue, in its latest report the Government stresses that Saudi women are convinced that their primary duty is to be wives and mothers, bringing up their children and looking after their homes, and that this benefits the family materially and educationally since most women have no financial need to work outside their home. The Government supplies examples, in addition to those given in previous reports, of occupations for which training is carried out with no discrimination on the basis of sex and supplies 1990 statistics on the numbers of men and women trained to become primary and intermediate-level schoolteachers (14,138 women and 12,406 men) and health rehabilitation professionals (57.5 per cent of trainees are women). It also provides 1994-95 data on the number of male/female university enrolments, where more women than men have chosen education faculties and natural sciences, the numbers being almost equal in the humanities. At the postgraduate level (total students numbering 7,006 of which 2,167 are women), male students outnumber females in all specialities except education and teaching and the humanities. At the level of vocational training institutes, the Government points out that 22 centres are training 1,480 girls in dressmaking and states that the competent authorities are keen to increase the centres' capacities. It is hoped that new training centres will be inaugurated with new areas of specialization. The Committee welcomes these data on the choice of training available to women and girls. The Committee recalls that it has been following up this issue not in an effort to redirect persons of one sex or the other into training they might not wish; the dialogue has been aimed, rather, at ensuring that, in accordance with the requirements of the Convention, both sexes have the right to choose in this domain, and that while no legislative restrictions impede free access to training for different occupations, the practice respects the legislative framework. The Committee stands assured by the Government of its seriousness in applying the national policy on non-discriminatory education and training.

3. Regarding section 160 of the Labour Code, which prohibits co-mingling of men and women in the workplace, the Committee notes the Government's re-affirmation that there is no discrimination on the basis of sex in practice and that the various sectors of work are open to Saudi women without being limited to certain traditionally feminine occupations or indeed to any specified occupation. According to the Government, they have entered many fields alongside men, such as in commerce, industry, education, medicine and related occupations, pharmacy and hospital management, and the audiovisual field. The Committee welcomes these statements concerning the practice in the country. It recalls that it has stated in past observations 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 suitable to their nature, or if it limits their access to certain professions. Noting that the latest information from the Government on the labour market indicates that the legislative ban on co-mingling has not hindered women's access to various occupations as they wish, the Committee requests the Government to continue to inform it of the jobs that women actually do in spite of section 160. It would be particularly interested in receiving data reflecting the number and level of women in the civil service, particularly in high-level grades, which the Committee had been seeking in previous direct requests.

4. The Committee is addressing a request directly to the Government on other points.