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Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the NORMLEX database (http://www.ilo.org/dyn/normlex/en) and click on ‘display all documents related to a specific country’.
Scroll to: ________________________________________________________ CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Saudi Arabia (ratification: 2001) Published: 2011 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. In its report the Committee requests the Government to take the necessary measures to ensure that persons who commit offences with regard to the forced or compulsory labour of children not linked to trafficking are prosecuted, and that sufficiently effective and dissuasive penalties are imposed. Of particular concern is the fact that, although Order No. 1/738 of 4 July 2004 prohibits child labour and the exploitation of children, this regulation does not explicitly prohibit the forced or compulsory labour of children under 18 years. Furthermore, although Ministerial Order No. 244 of 20/7/1430 (2009) on human trafficking prohibits trafficking for the purpose of forced labour, this provision does not appear to prohibit forced labour that occurs independently of human trafficking. Clause (b). Use, procuring or offering of a child for prostitution and pornography. As the Committee notes an explicit ban on the use, procuring, or offering of a child for prostitution and pornographic performances does not appear to be contained in legislation. Although Order No. 1/738 of 2004 prohibits child labour exploitation, it does not specifically prohibit the use, procuring, or offering of children under 18 years for prostitution and pornography. However, in its defense, the Government has points to the fact that such acts are prohibited by the Holy Koran and the Prophet’s Sunna, and therefore are effectively banned in Saudi Arabia. Furthermore, as the Government contends the draft regulations on child protection, containing provisions for the protection of children from maltreatment and neglect, including sexual, psychological and physical exploitation are being currently examined in the Majilis El Shoura (the formal advisory body of Saudi Arabia). Clause (d). Hazardous work. Domestic and agricultural workers. The committee is particularly alarmed by the failure of the Government to ensure that children are prohibited from engaging in hazardous work particularly as it applies to the agricultural and domestic sector. In the case of the latter, migrant domestic workers are vulnerable to exploitation in their working conditions, such as the retention of their passports by their employers, which in turn deprives them of their freedom of movement to leave the country or change their employment. In this regard, as the Committee on the Elimination of Discrimination against Women, makes clear in its concluding observations of 8 April 2008, the economic and sexual exploitation of young migrant girls employed as domestic servants is a significant issue in Saudi Arabia (CEDAW/C/SAU/CO/2, paragraph 23). As the Committee notes agricultural workers and domestic workers do not benefit from the protection laid down in the Labour Code. However, as the Government contends the exclusion of agricultural workers and domestic workers from the provisions of the Labour Code does not justify or authorize exploitation of workers in these sectors. Furthermore, the Government states that the reason for such exclusions is the difficulty of applying the Labour Code to agricultural and domestic work. Articles 5 and 7(1). Monitoring mechanisms and penalties. Trafficking. According to the Committee Sections 3 and 4 of Order No. 244 provide sufficiently dissuasive penalties for the offence of trafficking a person under 18. Yet, as UNICEF makes clear in its report, “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (2007), it is estimated that tens of thousands of children, particularly boys from Afghanistan, Chad, Nigeria, Pakistan Sudan and Yemen, are trafficked to Saudi Arabia for the purpose of labour exploitation each year. Employing children under 18 years as camel jockeys. The issue of children camel jockeys is of particular concern. The Government maintains that participants under 18 are prohibited from engaging in camel racing. The Government also states that measures are being taken so as to eliminate any violations of children’s rights in this regard. Each jockey is required to furnish official documents attesting to their age (national ID, passport or residence permit), after which they will be issued a “jockey card”, with a photo stamped with the particular festival’s seal. The Government states that, before a race, the competent committees inspect the jockey card, matching the photo to the name on the ID. However, as the Committee makes clear the ban on child camel jockeys is not enshrined in the relevant legislation, as is the case with Royal Decree No. 13000. According to Royal Decree No. 13000 a camel owner who employs a jockey under 18 years of age to participate in camel racing will not, in case of winning a race, receive the prize, further punishment is unclear. Moreover, according to the Committee the penalties provided for in Royal Decree No. 13000 doe not appear to be sufficiently effective and dissuasive. 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. 1. Trafficking of children for labour or sexual exploitation The Committee mentions in its report that there is credible information suggesting that children are being trafficked from Bangladesh to the Middle East to work as camel jockeys. Also, women under the age of 18 are being trafficked from Indonesia to Saudi Arabia for the purpose of commercial sexual exploitation. The Committee notes the Government’s information that numerous efforts are being deployed by the Government to eliminate the trafficking of children, including the adoption of new legislation on trafficking in persons. As the Government has made clear Section 15 of Order No. 244 states that measures shall be adopted for victims of trafficking during investigations and prosecutions. These measures include informing the victim of his/her legal rights, referring the victim to a physician if he/she appears to be in need of medical or psychological care, admitting the victim to a medical, psychological and social rehabilitation centre if necessitated by his/her condition or age, admitting the victim to a specialized centre if he/she needs shelter, and providing police protection if necessary. Furthermore, pursuant to Order No. 244, a committee to combat human trafficking crimes was established. The mandate of the committee to combat human trafficking crimes includes undertaking research, collecting information and undertaking informational campaigns as well as social and economic initiatives to prohibit and combat human trafficking. Finally, as the Government states the committee to combat human trafficking crimes shall develop a policy which encourages the active search for victims, and the provision of training related to the identification of victims. 2. Street children and children engaged in begging. According to the information in a UNICEF trafficking report it is officially estimated that there are over 83,000 children selling small goods and begging on the streets of major cities in Saudi Arabia. Furthermore, according to a UNICEF report, “Trafficking in children and child involvement in beggary in Saudi Arabia”, the Ministry of Social Affairs established the Office for Combating Beggary. These offices employ social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 are sent to the Shelter Centre in Jeddah. However, as the UNICEF report indicates the majority of persons involved in begging are foreign nationals, and if found to be undocumented, or illegal residents, these children are deported within a period of two weeks from their arrest. The report also notes that there is no effort made to distinguish between trafficked and non-trafficked children. This UNICEF report further indicates that these children are often not provided with psychological or legal assistance, and that there are few services for the rehabilitation and social integration of these children. In its defense, the Government has made clear to the Committee some of the steps it has taken to effectively deal with street children engaged in begging. The Ministry of Social Affairs has set up the Centre for Foreign Child Beggars in Mecca. The Government indicates that this Centre will welcome children who have been arrested by the competent bodies and provide them with social, health and psychological services until their parents can be identified by the competent authorities. Moreover, according to the Government work is underway to rent buildings for the establishment of similar centres in the governorates of Jeddah and Medina. The Committee also notes in its report the Government’s indication that several civil society institutions are represented in the Centre for Foreign Child Beggars, under the authority of the Charity Association, and that the Charity Association provides children with the necessary services until they have been reunited with their families or repatriated. The Committee further notes the Government’s statement that it endeavours to distinguish between children who are trafficked and those that are not in its handling of children engaged in begging. With regard to foreign children, the Government indicates that the police appoint investigators to carry out searches for their families. After their parents have been identified, coordination is ensured with the repatriation units at the Passport Department to complete the procedures for their travel. The Government indicates that those children that cannot be identified are released and provided with guidance. Parts IV and V of the report form. Labour inspectorate and the application of the Convention in practice. The Committee is concerned at the lack of data available on the trafficking of children, and as a result urges the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, including child trafficking, the exploitation of children in commercial sexual exploitation and begging, is made available. To the extent possible, all data provided should be disaggregated by sex and by age. There is no information on the application of ILO C138 (Convention concerning Minimum Age for Admission to Employment)in Saudi Arabia. The Government of Saudi Arabia has yet to ratify C138.