Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Arabia Saudita (Ratificación : 1978)

Article 1(1)(a) of the Convention. Discrimination based on race, colour and national extraction. Discrimination against migrant domestic workers. The Committee recalls that it had requested the Government to provide examples of the situations that are considered “legitimate” or “illegitimate” reasons for migrant domestic workers to refuse to work and leave their employment. It notes that the Government indicates that “physical or verbal abuse” is considered to be a legitimate reason and the “transfer of services” is an illegitimate reason. As regards bilateral agreements concerning domestic workers, the Committee notes the Government’s indication that joint committees review regularly, and evaluate and monitor these agreements to ensure optimum implementation of their provisions. It further notes that disputes involving domestic workers are referred to domestic labour committees, except criminal cases which are referred to the Office of the Public Prosecutor. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), while noting that steps have been taken to improve the situation of domestic workers, expressed concern that these workers, two-thirds of whom are migrant women, do not enjoy the same labour protections as other workers, and continue to face abusive working practices such as long working hours, non-payment of wages, retention of passports, and physical and sexual abuse (CERD/C/SAU/CO/4–9, 8 June 2018, paragraph 19). In that regard, the Committee refers the Government to its pending comments on the situation of migrant workers, including migrant domestic workers, under the Forced Labour Convention, 1930 (No. 29). Noting that the “transfer of services” is considered as an “illegitimate” reason to refuse to work, the Committee asks the Government to provide details on the procedure of transfer of services and its impact on the employment relationship, including any changes in the conditions of work (tasks to be performed, salary, working time, etc.), and the number and nature of transfers of services occurring each year. The Committee also asks the Government once again to take steps to ensure that migrant domestic workers are provided with effective protection against discrimination on all the grounds set out in the Convention, including through effective enforcement and awareness-raising. The Government is asked to continue to provide information on any cases of discrimination or abuse dealt with by the joint committees and their outcomes. The Committee encourages the Government to continue to cooperate with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic workers, and to continue to provide information in this respect.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 1(1)(b) and 2. Promoting employment of persons with disabilities. The Committee notes the information provided by the Government on the “Tawafuq” programme, including on vocational training, support services, facilitating arrangements and subsidies for the employment of persons with disabilities. It further notes the Government’s indication that the Ministry of Labour and Social Development launched the “Mowaamah” certification system which implements best practice and standards to create an inclusive and supportive work environment for persons with disabilities pursuant to Ministerial Decision No. 3249 of 2016. Furthermore, the Committee notes that a National Strategy is being prepared under the National Transformation programme 2020. The Committee recalls that the Ministerial Order No. 1982 of 6 April 2016 requires employers to implement measures for the employment of workers with specific disabilities. It further recalls that the Labour Law provides that employers with more than 25 workers must employ a proportion of workers equivalent to 4 per cent of the total workforce (section 28). The Committee asks the Government to continue to provide information on the concrete steps taken to implement the above programmes, including the “Tawafuq” and the “Mowaamah” programmes, with aim of promoting equal opportunities and treatment for workers with disabilities. It asks the Government to provide information on the adoption of the National Strategy for Persons with Disabilities with respect to employment and occupation, including education and vocational training. The Committee also asks the Government to provide statistical information on the number of workers with disabilities employed pursuant to section 28 of the Labour Law and examples of specific measures taken by employers for the accommodation of workers with disabilities.

Monitoring and enforcement. The Committee notes that the Government’s report once again contains no information on preventive and enforcement activities carried out by labour inspectors specifically in relation to discrimination in employment and occupation. While referring the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), 1947, the Committee notes the Government’s indication that it is in the process of developing a national policy that will address the needs of enforcement authorities, including capacity building and training with a view to detecting and addressing violations relating to discrimination in employment and occupation. It further notes that more than 150 male and female inspectors have been trained, with the cooperation of the International Training Centre of the ILO in Turin. With respect to courts, the Committee notes the Government’s indication that more than 300 positions in court service were allocated to women. The Government further indicates that five women’s support offices have been opened in personal status courts across the country with a view to providing free legal advice and information to women involved in litigation. The Committee asks the Government to continue training initiatives for enforcement officials, including labour inspectors, and to consider the possibility of providing them with specific training on non discrimination and equality in employment and occupation. It also asks the Government to provide information on any cases of discrimination detected by or reported to labour inspectors or dealt with by the courts, and on their outcomes. The Government is asked to continue to provide information on the activities of the women’s support offices in personal status courts, indicating the number and nature of the cases examined.