Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery or practices similar to slavery. Forced or compulsory labour. The Committee previously observed that the Labour Code does not contain a general prohibition of forced labour and that Order No. 1/738 of 4 July 2004 does not explicitly prohibit the forced or compulsory labour of children under 18 years. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the economic and sexual exploitation and ill treatment of young migrant girls employed as domestic servants. The Committee further noted the Government’s indication that the Labour Code and the Child Protection Act, which was approved on 24 December 2012, prohibit all employment of children under 15 years of age. However, the Committee observed that, by virtue of Article 3(a) of the Convention, forced or compulsory labour is considered a worst form of child labour which must be prohibited to all children under 18 years of age.

The Committee notes the Government’s information in its report that the Labour Code has been amended by Royal Decree No. m/24 of 5 June 2015 with respect to taking positive measures to ensure the elimination of all forms of forced or compulsory labour as well as the worst forms of child labour. The Committee also takes due note of the Government’s statement that there is no forced labour of children in domestic work.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee previously noted that draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation, were being examined in the Majilis El Shoura.

The Committee notes with interest the Government’s information that the Child Protection Law was promulgated on 17 November 2014. Section 9 prohibits the sexual exploitation of children and section 3 stipulates that the sexual harassment of a child or his/her exposure to sexual exploitation shall be considered as abuse or neglect. Moreover, the implementing regulation to the Child Protection Law defines the sexual exploitation of a child as the exposure of children to acts of prostitution for remuneration or without remuneration, in a direct or indirect manner. The implementing regulation also provides that relevant bodies shall protect children from any forms of sexual exploitation, including inciting or coercing a child to commit any illicit sexual act, as well as using or exploiting a child in prostitution or in any other illicit sexual practices. Using a child in shows or in prostitution is also prohibited.

Clause (d). Hazardous work. Domestic workers. The Committee previously noted that domestic workers did not benefit from the protection laid down in the Labour Code, and that Ministerial Order No. 2839 of 1 October 2006 on hazardous types of work did not apply to the categories excluded by the Labour Code. However, the Government stated that it paid attention to ensuring that children under the age of 18 years avoid engaging in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee also noted that the Regulation on domestic workers and persons of similar status of 2013 includes provisions stating that employers must not assign domestic workers to perform work other than that agreed in the contract, nor work that is hazardous to health, demeaning, or work for a third party. Employers are further required to ensure that domestic workers enjoy a daily rest period and a day off per week. The Regulation also contains several penalties which are imposed on any person who violates its provisions. 

The Committee takes due note of the Government’s information that the recruitment from abroad of any worker under 18 years of age is prohibited, according to section 15 of the implementing regulations to the Labour Law of 2016. The Committee further notes the Government’s replies to paragraph 12 of the list of issues in relation to the combined third and fourth periodic reports to the Committee on the Rights of the Child (CRC, CRC/C/SAU/Q/3-4/Add.1) that the employment of children in domestic service is not allowed.

Article 5. Monitoring mechanisms and application of the Convention in practice. Trafficking. The Committee previously noted the Government’s indication in its report under Convention No. 29 that, pursuant to Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking (Order No. 244), in 2010–11, 32 sentences were rendered against persons convicted of having committed crimes related to trafficking of persons, involving 51 victims. However, no cases in which children were exposed to human trafficking for the purpose of sexual exploitation were detected.

The Committee notes the Government’s information that the Regulation of A.H. 1431 (A.D. 2010) related to combating human trafficking strengthens the penalty in nine instances, including when the victim is a woman or a child. The Committee also notes that, in 2013, 43 persons (39 men and four women) were convicted of crimes related to human trafficking and 36 victims (34 women and two men) were identified. Among them, 22 cases were related to forced labour, followed by sexual exploitation (19 cases) and begging (one case). In 2014, there were approximately 104 judgments related to human trafficking, compared to 172 judgments in 2015. Yet, the available data does not specify the age category. The Committee also notes that statistics remain a challenge and the Government has undertaken measures to address this issue, including through the transformation of the Public Statistics and Information Unit to the General Authority for Statistics and the establishment of a national information system linked to all public bodies. Noting the measures undertaken by the Government, the Committee requests it to ensure that sufficient data on the worst forms of child labour is made available. It requests the Government to continue providing information on the progress made in this regard, including the number of violations detected, prosecutions, convictions and penalties applied in connection with cases of trafficking of persons under 18 years of age.

Article 7(1). Penalties. Employing children under 18 years as camel jockeys. The Committee previously noted that Royal Decree No. 13000 of 17 April 2002 determines the age of participants in camel jockeying races (18 years). For this purpose, before the race, the competent committees inspect the “jockey card” with a photo of every participant, which is issued after the verification of official documents attesting to their age (national ID, passport or residence permit). Moreover, a camel owner who employed a jockey under 18 years of age to participate in camel racing would not, in the case of winning a race, receive the prize. While the Committee noted the Government’s statement that a camel owner who employed a person under 18 years was punished, whether or not he won the race, it observed that this did not appear to be specified by Royal Decree No. 13000. Moreover, the Committee observed that the penalties provided did not appear to be sufficiently effective and dissuasive.

The Committee notes the Government’s information that there was no infringement detected during any of the officially organized camel jockeying races. The Committee also notes that, with respect to the private races that are not supervised by the National Guard, the Saudi Committee for Camel Races, representing the General Authority of Sports, is responsible for supervision. The Saudi Committee for Camel Races declared the prohibition of using children as jockeys in camel races in 2011 and stopped this practice five years ago. Moreover, robots are now being used to reduce accidents and physical dangers.

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. Trafficking of children for labour or sexual exploitation. The Committee previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee also noted that Order No. 244 provided for the assistance to victims of trafficking and the establishment of the Standing Committee to Combat Trafficking in Persons.

The Committee notes the Government’s information that the Standing Committee monitors the conditions of trafficking victims, examines cases of human trafficking crimes and coordinates with other competent bodies on all matters pertaining to human trafficking, including gathering statistics on trafficking victims. The Committee also notes that section 13 of the Child Protection Law of 2014 provides that the participation of children in races, sports and recreational activities which, by their nature or the circumstances in which they are carried out, are likely to harm their health or safety shall be prohibited, such as camel jockeying or a similar activity. The Committee requests the Government to provide information on the number of child victims of trafficking removed and provided with assistance.