Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Arabie saoudite (Ratification: 1978)

Autre commentaire sur C111

Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2013, and the conclusions adopted. The Conference Committee urged the Government to ensure it had a national policy designed to promote equality of opportunity and treatment in employment and occupation, for all workers, with a view to the elimination, in the very near future, of any discrimination on all the grounds set out in the Convention. With reference to the high number of migrant workers, the Conference Committee asked the Government to give particular attention to ensuring the rights of migrant workers, including domestic workers, were being effectively protected. It further requested the Government to accept a direct contacts mission with a view to assessing the situation on the ground and assisting the Government and the social partners to continue to make tangible progress in the application of the Convention. The Committee welcomes the Government’s indication that it has accepted the direct contacts mission, and notes that arrangements have been made for the mission to take place early in 2014. The Committee asks the Government to provide information on the outcome of the mission and the follow-up thereto, with respect to all the issues raised by this Committee and the Conference Committee.

National equality policy. The Committee recalls that the Conference Committee noted that the national equality policy required under the Convention needs to be concrete, specific and effective, and that the impact of the Government’s efforts in this area remained unclear. The Committee recalls further that terms of reference had been provided in 2006 by an ILO high-level mission on the development of a national equality policy. The Committee notes the Government’s indication that the society is based on equality in rights and duties without discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, and the acknowledgment that there may, however, be some cases of discrimination which have not been reported. The Government further expresses interest in technical assistance on formulating a national equality policy. The Government considers that it has not adopted discriminatory legislation, decisions or circulars, and in particular that the Labour Code, 2006, is not discriminatory. The Committee recalls that while a national equality policy should include the repeal or modification of discriminatory laws and administrative practices, it also involves the adoption of a range of specific measures to promote equality of opportunity in employment and occupation, which often include legislative and administrative measures, public policies, affirmative action measures, specialized bodies, awareness raising, etc. (see General Survey on the fundamental Conventions, 2012, paragraphs 843–849). The Committee again urges the Government to develop and implement a national policy designed to promote equality of opportunity and treatment in employment and occupation, in collaboration with the relevant stakeholders. It further urges the Government to take concrete steps to include as part of its national equality policy, legislation specifically defining and prohibiting direct and indirect discrimination, on the grounds of race, sex, colour, religion, political opinion, national extraction and social origin, covering all workers and all aspects of employment. Recalling that sexual harassment is a serious form of sex discrimination, the Committee asks the Government to provide specific protection, in law and practice, against sexual harassment at work, and to provide information on any progress made by the Advisory Council for Women’s Work in this regard. The Committee also asks the Government to provide specific information on the steps taken to undertake a national survey, covering national and foreign workers, and different sectors (including construction, domestic work, agriculture) on the situation in the country with regard to discrimination on the grounds set out in the Convention, and the establishment of an action plan, as foreseen in the terms of reference for the multi-stakeholder task force. Please also provide details of the special policies for workers with disabilities referenced in the report, as well as information on the National Observatory for the Workforce as it relates to the implementation of the Convention.

Discrimination against migrant workers. The Committee recalls that the Conference Committee stressed the importance of the Government giving particular attention to ensuring effective protection of the rights of migrant workers, including domestic workers. The Committee notes the steps taken to monitor payments of wages of migrant workers, and the establishment of a consolidated contact centre to assist migrant workers who have problems communicating their complaints to the relevant body. The Committee recalls further that the Government had previously indicated that it was committed to abolishing the sponsorship system. The Committee notes that the Government states in its most recent report that there is no sponsorship system, without specifying the measures taken to abolish it. The Government indicates that in specific cases a worker has the right to transfer their service from one employer to another, though it is not clear what those specific cases involve. Referring specifically to migrant domestic workers, the Committee notes the Government’s indication that a protective insurance program has been submitted to the official bodies in countries of origin, and a bilateral agreement was signed with the Government of the Philippines in 2013, and that similar agreements with other countries of origin are under discussion. The Committee also notes the Government’s indication that a special regulation for domestic workers was adopted in July 2013. The Committee asks the Government to provide information on the specific measures taken to abolish the sponsorship system, and to provide appropriate flexibility for workers to change employers. The Committee also asks the Government to provide information, disaggregated by sex and origin, on the number and nature of complaints dealt with by the consolidated contact centre, and the outcome thereof, as well as information on the regulation on recruitment agencies and the regulation on domestic workers referred to by the Government. The Government is also asked to provide information on any steps taken to include in bilateral agreements provisions specifically relating to protection of the rights of migrant workers once in the country, as well as requiring countries of origin to take measures for their protection. Please provide a copy of the bilateral agreements with countries of origin, as well as copies of any model contracts for domestic workers. The Committee also asks the Government to provide specific information on measures taken to identify and address sexual harassment of migrant workers.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that the number of women in employment has increased substantially over the last 30 years. The Committee notes in this regard ILO statistics evidencing an increase in female labour market participation from 17.4 per cent in 2009 to 20.3 per cent in 2012, with men’s labour market participation increasing in the same period from 74.2 per cent to 77.6 per cent. The Committee also notes that the Government refers very generally to a range of measures taken by the Ministries of Education, Higher Education and Labour, the Shura Council, the Technical and Vocational Training Corporation, and the Fund for Human Resources Development aimed at increasing the opportunities for women’s participation in non-stereotyped and high-level work. The Government also refers to measures taken to promote women’s work from home and part-time work. On the issue of restrictions on women’s employment pursuant to section 149 of the Labour Code, the Government states that the provision prohibits employers employing women in specific occupations and tasks that jeopardize health or are likely to expose women to specific risks, and indicates in the context of the process of amending the Labour Code, that the repeal of this provision is under serious consideration. The Committee recalls that extensive criteria regulating women’s ability to work is also set out in the Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A. The Committee urges the Government to amend or repeal section 149 of the Labour Code to ensure that any restrictions on women’s employment are strictly limited to maternity protection, and to repeal the Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A, with a view to ensuring that women have the right, in law and practice, to pursue freely any job or profession. The Committee also asks the Government to clarify whether the Order of 21 July 2003 approving women’s participation in conferences suitable to them has been amended, to ensure that women are able to participate in international conferences on an equal footing with men. The Committee asks the Government to continue to undertake measures to support women’s access to a wider range of jobs, and to provide detailed information on the measures taken and their impact, specifying the number and nature of jobs secured by women due to such measures, including through the Public Training Plan and Vocational Training Corporation. The Committee again asks the Government to provide information on the establishment, mandate and activities of the Higher National Committee for Women’s Affairs.

Monitoring and enforcement. The Committee notes the Government’s indication that a significant programme has been launched for the development of workers’ dispute settlement bodies, with a view to providing high quality service to clients in all types of cases, reducing the number and length of lawsuits by workers, and establishing a high quality consolidated mechanism to deal with workers’ claims within a clear and effective governance framework. The Government states that these bodies will be open to all, including citizens and non-citizens, regardless of the legal nature of the labour relationship. The Committee notes further the project on the development of the judiciary. Noting the efforts made to reinforce workers’ dispute settlement bodies and the judiciary, and the Government’s reference to the establishment of women’s sections in courts, the Committee asks the Government to provide information on the impact of these measures on increasing accessibility of workers to dispute resolution processes, particularly for complaints of discrimination in employment and occupation. Please indicate the number and nature of complaints regarding discrimination, disaggregated by sex and origin, including with respect to agricultural workers, brought before these bodies, labour inspectors, labour dispute commissioners or the Human Rights Commission, and their outcome. Noting further the Government’s stated commitment to develop the judicial system based on international good practices, the Committee encourages the Government to take this opportunity to seek assistance with a view to increasing the capacity of judges, labour inspectors and other officials to identify and address discrimination in employment and occupation.

[The Government is asked to reply in detail to the present comments in 2014.].