Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

1. The Committee notes the report of the Government. The Committee also notes the communication from the International Confederation of Arab Trade Unions (ICATU) concerning the application of Convention No. 111 and the comments provided by the Government in reply, both of which were similar to those made last year. The Committee recalls that attention was previously drawn to issues concerning the existence of discrimination between men and women, ethnic groups, nationalities, races and religions.

2. The Committee has previously noted the Government’s statements that the Convention is applied in Saudi Arabia through Islamic law, the Sharia, which forms the basis for the general legal system in the country and that the Sharia and the basic system of government promulgated by Royal Decree A/90 of 1992 provide for justice and equality in all matters without any discrimination on the basis of race, religion, sex and colour. The Committee has drawn the Government’s attention to Article 2 of the Convention, which requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation by methods appropriate to national conditions and practice, with a view to eliminating any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin in respect thereof. The Committee recalls that the national policy is to be declared and pursued in respect of access to vocational training, access to employment and to particular occupations, as well as terms and conditions of employment.

3. The Committee’s dialogue with the Government has focused for a number of years primarily on section 160 of the 1969 Labour Code, which provides that "in no case may men and women co-mingle in the place of employment or in the accessory facilities or other appurtenances thereto" and the issue of access of Saudi women to education and vocational training for occupations not traditionally deemed to be "feminine" in nature. More recently, the Committee requested the Government to provide information on the measures taken to prohibit discrimination on the grounds of religion, political opinion, race and national extraction in employment and occupation in accordance with the Convention.

4. As regards section 160 of the Labour Code, the Committee has observed that this provision may result in de facto occupational segregation on the basis of sex. The Committee thus welcomes the information provided by the Government that the competent authority is currently examining section 160. It hopes that the examination will take into account the requirements of the Convention and the Committee’s comments over the years concerning the impact of this section. It also hopes that the examination will result in the legislation and practice being brought into conformity with the Convention.

5. The Committee further notes the Government’s information that section 160 has not impeded women’s access to occupations in a number of sectors also occupied by men, including commerce, industry, education and medicine. Similarly, the Government states in its latest report that the application of section 160 does not result in de facto occupational segregation on the basis of sex. The Committee notes that the Government is unfortunately not yet in a position to provide statistical data on the distribution of men and women in the various jobs and occupations and at the different levels of the civil service. The Committee encourages the Government to make every effort to provide statistical data on the distribution of women in the different jobs and occupations and at the different levels in the civil service and to keep the Committee informed on the process of examining the provisions of section 160 precluding women from certain areas of employment, as to extend women’s occupational and employment possibilities into precluded areas in conformity with the Convention.

6. The Committee notes the Government’s statement that there is a national policy that deals with the promotion and development of vocational training infrastructure with a view to train both men and women in order to obtain adequate jobs without any kind of discrimination. The Government states that schools and training centres are open to registration by participants of both sexes according to their social situation. In its previous reports the Government had indicated its intent to increase the capacities of existing training facilities for women as well as to inaugurate new centres and introduce new areas of specialization. The Committee requested the Government most recently to supply information on all measures taken to implement the national policy on non-discrimination in vocational education and training. Noting that no specific information in this regard has been provided, the Committee hopes that the Government will do its utmost to provide this information in its next report. The Government is also asked to explain the meaning of the criterion "social situation" as regards registration in vocational schools and training centres and to continue to provide statistical information on the participation of women in all areas of training provided. Noting again that the number of women participating in education and training is not reflected in the workforce, the Committee reiterates its request to the Government to submit information on measures taken in regard to career guidance and placement services.

7. Concerning the prohibition of discrimination on the grounds of religion, political opinion, race and national extraction, the Committee notes that the Government refers generally "to the sacred position given to the principles of equality and non-discrimination in national practice". The Committee also notes from the report that the Government did not take any specific measures to prohibit discrimination on these grounds. The Committee points out the importance of taking measures to address discrimination, both direct and indirect, in all its forms and hopes that the Government will take the necessary steps to ensure that the principles of the Convention in respect of promoting equality on all the grounds listed in Article 1(1)(a) are fully applied. It requests the Government to provide information in its next report on measures taken or envisaged in this regard.

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