Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 25 of the Convention. Penalties for the illegal exaction of forced or compulsory labour. In its previous comments, the Committee has expressed its concern about the application of Article 25 of the Convention, which requires that the illegal exaction of forced or compulsory labour be punished with penal sanctions, and that these sanctions be really adequate and strictly enforced. The Committee notes that the Government refers in this connection to section 61 of the Labour Code, which prohibits employers from using workers to exact labour without the payment of wages. The Committee observes, however, that section 61 does not contain a general prohibition of forced labour but merely lays down an obligation to remunerate the performance of work within the framework of a normal employment relationship. While relevant to the protection of normal conditions of employment, it is insufficient for purposes of the Convention. Furthermore, section 239 provides for penalties that are limited to monetary fines and, therefore, does not meet the requirements of Article 25.

The Committee hopes that the Government will take steps to adopt a provision which prohibits the exaction of forced labour more generally, so as to cover all situations of the illegal exaction of forced or compulsory labour, including the situations which do not relate to the normal employment relationship, and to make violations punishable with penal sanctions, which should be really adequate and strictly enforced, as required by Article 25 of the Convention.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25. Trafficking in persons. The Committee notes with interest the promulgation by the Council of Ministers of Order No. 244 of 20/7/1430 H (2009) prohibiting trafficking in persons, which was communicated by the Government with its report. The Committee notes that this law prohibits all forms of trafficking in persons, including trafficking that involves the imposition of forced labour and slavery-like practices (section 2), and that it provides for criminal penalties including a sentence of imprisonment of up to fifteen years and/or a fine of one million Rials (section 3).

The Committee hopes that the Government will provide information on the application of this legislation in practice, including information about all cases in which perpetrators have been prosecuted, convicted and sentenced. Please also provide information on the various measures taken to combat trafficking, including measures of prevention and victim protection, as well as information on the work of any special bodies established to coordinate the implementation of such measures.

Articles 1 (paragraph 1) and 2 (paragraph 1). Vulnerable situation of migrant workers with regard to the illegal exaction of forced labour. The Committee previously referred to the vulnerable situation of migrant workers, particularly migrant domestic workers, who are often confronted with employment policies such as the visa “sponsorship” system and subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuse, which cause their employment to be transformed into situations that could amount to forced labour. The Committee previously noted Council of Ministers Decision No. 166 of 12/7/1421 AH (2000) regulating relations between migrant workers and their employers, which stipulates, inter alia, that employers shall not retain the passports of migrant workers or the passports of members of their families, and which provides for the establishment of a special committee to resolve any problems arising from its application. However, the Committee notes the indications of the Government in its report that lawsuits brought in disputes arising under this regulation do not terminate within reasonable deadlines, and that there are no data as to any cases in which the penalties provided therein have been applied. The Committee also notes that section 7 of the Labour Code provides for regulations to be promulgated that pertain specifically to the employment conditions of migrant domestic workers.

The Committee hopes that the Government will take steps to promulgate new regulations under section 7 of the Labour Code, and that they will provide for a protective framework of employment relations that is specially tailored to the difficult circumstances faced by migrant domestic workers and in particular to the problems caused by the visa sponsorship system, and will ensure that domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee hopes that in its next report the Government will be able to provide information to this effect and to supply the text of the regulations, once adopted.