Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously requested the Government to provide a copy of the legal provisions that prohibit and punish the sale and trafficking of children under 18 years for labour or sexual exploitation. It notes the Government’s information that trafficking of persons whether they are adults or children, male or female, for any purpose, is prohibited by virtue of the Constitution of the Kingdom based on the Holy Koran and the Prophet’s Sunnah. Moreover, the Islamic Shari’a prohibits such an act and punishes anyone who is involved therein. The Committee notes the Government’s statement that the sale and exploitation of persons, whether they are adults or children, is also prohibited. It notes with interest that Order No. 1/738 of 4 July 2004 prohibits all forms of trafficking in persons and the exaction of child labour as well as the exploitation of children. The Committee takes note of this information.

2. Forced or compulsory labour. The Committee had previously noted in its 2003 observation on the application of Convention No. 29 the Government’s information that forced or compulsory labour would be regarded as a constraint under the Sahri’a and that, if a case were brought to a court, the judge in applying the Shari’a may subject the offender to penalties. However, the Committee had also noted that the broad discretionary application of the Shari’a does not fulfil the requirements or purpose of Article 25 of Convention No. 29, requiring a member State to have a specific law which describes both the exaction of the forced labour and the penalty. The Committee had asked the Government to provide a copy of the legal provisions that explicitly prohibit the forced or compulsory labour of children under 18 years. The Committee notes the Government’s information that Order No. 1/738 of 4 July 2004 prohibits child labour and the exploitation of children as well as, in general, any inhumane form of employment or work and work hazardous to morals. However, the Committee notes that Order No. 1/738 does not explicitly prohibit the forced or compulsory labour of children under 18 years. It notes the Government’s information that the draft Labour Code includes a section prohibiting the employment of workers by force. It notes the Government’s information that this draft Labour Code will be communicated upon promulgation.

The Committee once again recalls that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery such as the forced or compulsory labour of children under 18 years constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee, accordingly, once again requests the Government to indicate the measures taken or envisaged to explicitly prohibit the forced or compulsory labour of children under 18 years of age. The Committee also requests the Government to supply a copy of the new Labour Code as soon as it has been approved.

3. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/61/Add.2, 29 March 2000, paragraph 247), the recruitment of persons under 18 years in the armed forces is prohibited. It had asked the Government to indicate which legal provision prohibits the compulsory recruitment of children under 18 years of age in armed conflict. The Committee notes the Government’s information that there is no system of compulsory recruitment in the Kingdom and consequently there is no legal text in the Kingdom that specifies compulsory recruitment of any person whatsoever. The Committee takes note of this information.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee had previously noted that, according to the Committee on the Rights of the Child (CRC/C/Add.148, concluding observations, 22 February 2001, paragraph 41), there is no published Criminal Code in Saudi Arabia. It had asked the Government indicate which legal provisions prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. The Committee notes the Government’s information that the use, procuring or offering of a child for prostitution or for pornographic performances is prohibited as the Holy Koran and the Prophet’s Sunna prohibit such acts. Moreover, according to the Government, Order No. 1/738 of 2004 prohibits all forms of trafficking of persons, including the exploitation of children. The Committee also notes the Government’s information that the draft regulations on child protection are currently being examined. The Committee observes that Order No. 1/738 of 2004 prohibits child labour exploitation, as well as any inhumane or immoral treatment, but does not specifically prohibit the use, procuring or offering of children under 18 years for prostitution and pornography. The Committee once again reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour, and is therefore prohibited for all children under 18. The Committee asks the Government to indicate the measures taken or envisaged to explicitly prohibit the use, procuring or offering of a child under 18 years for prostitution or for the production of pornography or for pornographic performances. It also asks the Government to continue providing information on any developments regarding the adoption of the draft regulations on child protection.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that the Holy Koran and the Prophet’s Sunna prohibit such acts and that Order No. 1/738 of 2004 prohibits the exploitation of children. The Committee notes that the same Order also prohibits the exploitation of children for the purpose of begging. The Committee asks the Government to indicate in what manner the use, procuring or offering of a child under 18 years for other illicit activities, in particular for the production and trafficking of drugs, is specifically prohibited by the relevant legislation.

Clause (d). Hazardous work. The Committee had previously noted that, according to section 160 of the Labour Code, young persons shall not be employed on any work which is likely to harm their health, safety or morals. It had also observed that self-employed workers do not benefit from the protection laid down in the Labour Code. It had asked the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature and circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s information that Order No. 1/738 of 2004 prohibits any form of inhumane work and work against one person’s morals, as well as the exploitation of child labour. Accordingly, these prohibitions apply to this category too. The Committee takes note of this information.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes with interest the Government’s information that Ministerial Order No. 20879/6 of 18 February 2004 contains a comprehensive list of types of work and occupations in which the employment of children and young persons is prohibited, including: work involving exposition to radiation; work at high temperatures; work involving exposure to harmful vibrations; work with electrical equipment which could cause electric shocks; fusion of different materials; hiring tasks requiring physical efforts; manufacture of explosives; work in mines and quarries; work with mechanical equipment; work involving exposure to different kinds of harmful and poisonous substances. The Committee takes note of this information.

Article 5. Monitoring mechanisms. The Committee had previously noted that labour inspectorates are in charge of supervising the implementation of labour laws. It had also noted that, despite the low number of cases of child labour, the Government had decided to continue to monitor workplaces where violations were reported. It notes the Government’s information that labour inspectors undertake inspection visits of activities in which children are suspected to be employed. It notes that the Government has supplied a copy of the inspection report which indicates procès-verbaux drafted against the use of children as camel jockeys. The Committee asks the Government to continue providing information on the activity of the Labour Inspectorate, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Following its previous comments, the Committee notes that no programmes of action to eliminate the worst forms of child labour appear to have been designed in Saudi Arabia. The Committee once again reminds the Government that, even where the forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee once again requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations, and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Saudi Arabia.

Article 7, paragraph 1. Penalties. The Committee had previously noted that section 204 of the Labour Code imposes a fine for a contravention of the prohibitions on the employment of children under 18 years in hazardous work. It had also noted that, according to Royal Decree No. 13000 of 17 April 2002, the owner of a camel who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning, receive the prize. The Committee had requested the Government to take the necessary measures to ensure that a person who employs a child under 18 years of age as a camel jockey is subject to sufficiently effective and dissuasive penalties, particularly when the camel ridden by an under-age jockey may not have won. The Committee notes that no information is contained in the Government’s report on this point.

The Committee notes that Order No. 1/738 of 2004 carries a penalty of the prohibition of recruiting workers for a period of five years for anyone who commits the offences of: sale and trafficking of persons; employing anyone in any form of inhumane work or work hazardous to morals; exploiting children and child labour, and hiring children for the purpose of begging. The Committee notes that the penalty provided for in Order No. 1/738 for the abovementioned offences does not appear to be sufficiently effective and dissuasive. It also notes that, according to the information available at the Office, the Government of Saudi Arabia does not comply with the minimum standards for the elimination of trafficking, especially because of its failure to prosecute those guilty of trafficking. In fact, despite reports of trafficking and abuses of other unskilled workers and children, few cases are submitted to criminal prosecution.

The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee requests the Government to take the necessary measures to ensure that persons who commit the offences provided for in Order No. 1/738 of 2004 and in Royal Decree No. 13000 of 17 April 2002 are prosecuted and that sufficient and dissuasive penalties are imposed. In this regard, it asks the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children for labour or sexual exploitation. The Committee had previously noted that, according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. It had also noted that, according to the UNESCO Trafficking Statistics Project, approximately 10 per cent of women prostitutes are under 18 years of age in Saudi Arabia. The majority of these girls were trafficked from Indonesia to Saudi Arabia for the purpose of sexual exploitation. The Committee also notes that, according to information available at the Office, Saudi Arabia is a destination for men and women from South and East Asia and East Africa trafficked for the purpose of labour exploitation, and for children from Yemen, Afghanistan and Africa trafficked for forced begging. The Committee once again requests the Government to provide information on the effective and time-bound measures taken or envisaged in order to prevent the trafficking of children under 18 years of age into Saudi Arabia for labour or sexual exploitation.

2. Ensuring access to free basic education. The Committee had previously noted that, according to the UNICEF Basic Statistics on Saudi Arabia, the net primary school enrolment was 58 percent from 1996 to 2002. It notes that, according to the UNDP statistics, the net primary enrolment rate was 54 percent in 2002-03. The Committee notes the Government’s information that it has taken a number of measures dealing with education, such as: early registration for children in primary schools; programmes for educational and occupational guidance to students at schools; awareness programmes of the risk of drugs at school; awareness-raising initiatives on education issues involving children and parents; strengthening the participation of children in artistic cultural, recreational and sports services at public educational schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to continue providing information on measures aimed at improving their access to free basis education. It also asks the Government to supply data on the enrolment and dropout rates in school.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. The Committee notes the Government’s information that a number of measures have been taken to protect orphans and children with special needs, such as health care, social security and financial help. It also notes the Government’s information that the Ministry of Social Affairs has set up the "Public Department for Social Protection" which shall serve children under the age of 18 and protect them from violence, corporal, psychological or sexual maltreatment. The Committee requests the Government to indicate whether the Public Department for Social Protection provides for the rehabilitation and social integration of children below 18 who are victims of trafficking and prostitution. In the affirmative, it requests the Government to indicate the number of former victims of trafficking protected and rehabilitated by the Public Department for Social Protection. If not, it requests the Government to provide information on effective and time-bound measures taken or envisaged for the removal of these children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Domestic and agricultural workers. The Committee had previously noted that, by virtue of section 3 of the Labour Code, the following workers do not benefit from the protection laid down in the Labour Code: (i) persons employed in pastures, animal husbandry or agriculture, except for persons working in agricultural establishments which process their own product or persons who are permanently engaged in the operation or repair of mechanical equipment required for agriculture; or (ii) domestic servants and persons considered as such. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working as domestic servants and agricultural workers do not perform work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety or morals, and are protected from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s information that it is contributing in supporting development efforts in 83 developing countries. Saudi Arabia also endeavours to provide moral and financial support to multilateral development bodies and institutions, whether Arab, regional or international, by contributing to their capital and to their administrative and technical support. The overall contribution in such institutions is more than US$24 billion. In addition, Saudi Arabia wrote off more than US$6 billion of debts of a number of least developed countries. The Committee notes the Government’s statement that the Kingdom declared it would provide an urgent assistance in order to alleviate the suffering of countries and people hit by earthquakes and floods. Moreover, the Saudi Fund for Development promulgated a Royal Directive specifying the allocation of about US$400 million to contribute in the reconstruction of areas hit by the Tsunami disaster. The Committee requests the Government to provide information on the concrete measures taken pursuant to the abovementioned international and regional initiatives and plans of action and their impact on the elimination of the worst forms of child labour.

Part III of the report form. The Committee notes that no information is contained in the Government’s report on this point. It requests the Government to provide information on any court decisions involving questions of principle relating to the application of the Convention, as soon as this information becomes available.

Part V of the report form. The Committee notes that no information is contained in the Government’s report on this point. It once again requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

The Committee had previously noted that, in its 2003 observation on the application of Convention No. 29, the Government was in the process of examining a new draft Labour Code. The Committee hopes that the new labour legislation will take into consideration the points raised above. In this regard, it once more reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.