Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Arabie saoudite (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(a) and 7(1) of the Convention. Forced labour of children and penalties. Child begging. The Committee previously noted that pursuant to section 3 of the Regulation on Human Trafficking (2010) a penalty of a maximum sentence of imprisonment of 15 years or a maximum fine of 1 million Saudi Arabian riyals (SAR) (US$266,666) or both is applied, for the crime of child labour for the purpose of begging. The Committee requested the Government to provide information on the application in practice of section 3.

The Committee notes the Government’s reference in its report to the Child Protection Act, 2012, which prohibits all employment of children under 15 years of age. The Committee also notes the Government’s indication that the number of violations reported under section 3 of the Regulation on Human Trafficking reached 23 cases during the first half of 2019 with two prosecutions. The Committee requests the Government to provide information on the measures taken to ensure that thorough investigations and prosecutions of persons who use children for begging are carried out and that effective and dissuasive penalties are applied in practice. The Committee also requests the Government to provide statistical information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the use of child labour for begging.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and to provide direct assistance for their removal as well as for their rehabilitation and social integration. Children engaged in begging. In its previous comments, the Committee requested the Government to pursue its efforts to provide appropriate services to children engaged in begging to facilitate their rehabilitation and social integration, and to provide information on the results achieved.

The Committee notes the Government’s indication that, it has taken a series of measures to combat child begging, including the establishment of shelters for child beggars and the realization of a number of studies on this phenomenon in order to better address it. The Government also indicates that 697 Saudi children were provided with health and rehabilitation services between September 2018 and May 2019, whereas, 1,258 foreign children were provided with adequate care in addition to cooperation with their home country for their repatriation, during the same period. The Committee also notes the ongoing two-year ILO Technical Cooperation project “Supporting Ministry of Labour and Social Development in analysis, policy and capacity development” in the country, which will end in 2020. It observes that one of the priorities of the project includes assessing the child labour situation and developing actions for its elimination. According to the project, there is some evidence that child begging is a particularly prevalent form of child labour, both among Saudi and foreign resident children, particularly from Yemen and Ethiopia, and often in connection with trafficking. The Committee requests the Government to continue to provide information on the measures taken to provide appropriate services to children engaged in begging, including information on the number of children removed, rehabilitated and socially integrated. With regard to children engaged in begging who are foreign nationals, the Committee requests the Government to continue to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin.

Application in practice. The Committee previously requested the Government to take measures to ensure that sufficient data on the worst forms of child labour is made available.

The Committee notes that the ongoing ILO Technical Cooperation project is fostering the development of a statistical database on child labour, as well as the realization of a national child labour survey at a later stage. The Committee encourages the Government to build up a statistical database on child labour, including in its worst forms, and to provide information on the progress made in this regard. The Committee also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of infringements reported, investigations, prosecutions, convictions and penal sanctions.