Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Arabie saoudite (Ratification: 1978)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Arabie saoudite (Ratification: 2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 1(1), 2(1) and 25 below on trafficking in persons), as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. The Committee previously requested the Government to indicate the measures taken to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties are imposed and to provide information on the application of the Human Trafficking Act (Order No. 244 of 2009) in practice, including the number of investigations and prosecutions, as well as the specific penalties applied to those convicted.

The Committee notes the Government’s indication in its report that a number of judicial decisions have been handed down in respect of persons accused of committing the offence of trafficking in persons. The Government adds that labour courts were set up (pursuant to Royal Decree No. 1 of 25 November 2013) and commenced work. During the initial phase, seven labour courts were opened in various regions and cities, in addition to 27 labour departments in various regions and nine labour appeals chambers. Furthermore, the competent authorities have taken numerous awareness-raising measures on a continuous basis with a view to protecting and promoting workers’ rights, by publishing pamphlets in several languages that include explanations of the labour laws and the concepts of human trafficking and forced labour and distributing them to different embassies. In addition, a number of rights organizations conducted media campaigns as part of the programme to promote a culture of human rights and the competent national authorities concluded bilateral agreements with the States concerned, requiring male and female workers to undergo education and training sessions in order to familiarize themselves with their rights and duties. The Committee also notes the Government’s supplementary information, according to which a training contract for 800 labour inspectors has been signed with a view to combating trafficking in persons, for which the curriculum is being developed. Furthermore, in February 2020, the Government initiated the training of 500 staff, including inspectors and other personnel from relevant departments on trafficking in persons.

The Committee notes that, in 2018, among 21,409 labour cases completed by the committees for the settlement of domestic workers’ disputes, 59 cases were transferred as potential trafficking cases. The victims were allowed to bring criminal cases against employers in accordance with the Human Trafficking Act. Their cases have been referred to General Security for the completion of formalities and referral of defendants to the Office of the Public Prosecutor. Those who wish to do so can work in Saudi Arabia for a new employer or may remain in the shelter until their case is completed and they return to their countries. The Ministry of Labour and Social Development undertakes to pay their travel expenses and obtain their financial entitlement, if the employers are convicted. In 2018, the Office of the Public Prosecutor investigated a total of 80 cases related to trafficking in persons, involving 114 defendants. The total number of victims was 121 women, 128 men and 54 children. Of these cases, 49 were referred to the courts after investigation. In the same year, 34 judgments were handed down in cases of trafficking in persons in different criminal courts throughout the country; the penalties varied between imprisonment and fines. The Government adds that, between 30 August 2019 and 30 June 2020, 266 violations were recorded for cases of trafficking in persons.

The Committee further notes that in its 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses its concern about the limited enforcement of the Anti-Trafficking Law, as reflected by the low rates of prosecution and convictions in cases of trafficking in women and girls (CEDAW/C/C/SAU/CO/3–4, paragraph 35(a)). The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of law enforcement bodies, in particular the labour inspectorate, to identify cases of forced labour, including trafficking in persons. It also requests the Government to continue to provide information on the number of investigations and prosecutions initiated under the Human Trafficking Act of 2009, as well as the specific penalties applied to those convicted for trafficking. Lastly, it requests the Government to provide information on the outcome of the 266 cases of trafficking in persons recorded between 30 August 2019 and 30 June 2020.

2. Protection and assistance for victims of trafficking in persons. The Government indicates that various services are offered to victims of trafficking, including sustenance, healthcare and accommodation, until their departure. Shelters are guarded and equipped with monitoring systems to ensure that victims are protected during their stay. In addition, victims are provided with legal assistance by claiming their financial rights and referring them to the labour courts or to committees for the adjudication of domestic workers’ claims as appropriate. Corrective regulatory measures are also undertaken (passport recovery, transfer of services, cancellation of malicious absconding reports, termination of contractual relationship and other necessary measures). In addition, a comprehensive plan to provide training to some 1,000 employees over the period of three years on the Human Trafficking Act has been prepared and was launched in mid-2018. To date, there are 700 men and women trainees throughout the country. The Committee also notes the Government’s supplementary information that the Human Trafficking Committee issued indicators on trafficking in persons to help personnel responsible for safety, legal assistance, medical care and social services to identify victims of trafficking in persons in order to provide them with assistance and protection. Furthermore, the Human Rights Commission worked in cooperation with the United Nations Office on Drugs and Crime (UNODC) on training national and local teams on the implementation of the national referral mechanism on trafficking in persons, to ensure coordination in the area of protection, assistance and care for victims of trafficking in the country.

The Committee further notes that in its 2018 concluding observations, CEDAW expresses its concern about the lack of adequate mechanisms to identify and refer to the appropriate social services victims of trafficking or exploitation of prostitution who are reportedly sometimes arrested, detained and deported for acts committed as a consequence of having been trafficked (CEDAW/C/C/SAU/CO/3–4, paragraph 35(c)). The Committee requests the Government to strengthen its efforts with regard to the identification of victims of trafficking for the purpose of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It further requests the Government to continue to provide information on the implementation of the national referral mechanism on trafficking in persons. It also requests the Government to provide statistical information on the number of victims who have been identified and who have benefited from adequate protection.

Articles 1(1) and 2(1). Freedom of workers to terminate employment. Referring to section 48 of the Labour Code (on the termination of training or qualification contracts), the Committee requested the Government to provide statistics on the number of cases of trainees that have been required to work after completion of their training period. The Committee notes the Government’s indication that with the exception of on-the-job training and end-of-employment training, the training and recruitment processes are separate and that available statistics are therefore separate. Moreover, the registration of employees with the General Organization for Social Insurance and the records of establishments and data contained therein on workers is available to the Ministry and shows the numbers of workers in general, without specifying which were employed as a result of the employers benefiting from their right under section 48 of the Labour Code.

Article 25. Penalties for the exaction of forced labour. The Committee previously urged the Government to take the necessary measures to ensure that persons who impose forced labour are subject to fully adequate and strictly enforced penalties, as section 61 of the Labour Code 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.

The Committee takes due note that the Human Trafficking Act prohibits any form of trafficking of any person, including forced labour or service, and prescribes penalties for perpetrators of up to 15 years’ imprisonment and/or a fine.

In this regard, the Committee observes that a person convicted of trafficking or forced labour under the Human Trafficking Act could possibly only be required to pay a fine. Referring to paragraph 319 of the 2012 General Survey on fundamental Conventions, the Committee recalls that, when the sanction may consist only of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to ensure that adequate and dissuasive sanctions are imposed on persons convicted for forced labour or trafficking offences, in accordance with Article 25 of the Convention, and requests information in this regard.