CAT/C/SAU/CO/2
provisions governing prosecution and punishment of perpetrators of such violence,
particularly in the light of the large number of reported incidents of abuse since the
establishment of the hotline for domestic violence, as cited during the dialogue. The
Committee is also concerned about allegations that the system of male guardianship
(mehrem) deters and often prevents victims from reporting cases of violence (art. 2).
37.
The State party should take the following measures:
(a)
Ensure that legal provisions in national legislation address and
criminalize all forms of violence against women, including rape, marital rape and
forced marriage;
(b)
Guarantee in practice that women who are victims of violence have
immediate access to legal remedies;
(c)
Ensure that all cases of violence against women are thoroughly
investigated, that perpetrators are prosecuted and held to account and that victims
obtain redress, including adequate compensation;
(d)
Conduct awareness-raising campaigns and training for public officials
and the general public to increase the understanding that violence against women
constitutes a grave violation of the Convention and domestic law.
Migrant workers and human trafficking
38.
While appreciating the State party’s accession to the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime, and the adoption of the
Anti-Trafficking in Persons Act (2012) and Suppression of Trafficking in Persons Act
(2009), the Committee is deeply concerned at reports of widespread torture or ill-treatment
and trafficking in migrant workers, particularly female domestic workers, under the
sponsorship (kafala) system, which is enhanced by legal provisions that: (a) require
domestic workers to obtain their sponsor’s consent to change employers or to leave the
country; and (b) entrench barriers to lodging complaints against employers owing to
isolation inside private residences and confiscation of their identity documents.
39.
The Committee is concerned that the kafala system increases the risks of trafficking,
rape and other forms of torture and ill treatment, owing to the extraordinary power that the
employer exerts and the reported impact on female workers.
40.
The Committee regrets the lack of information on the number of complaints of
torture and ill-treatment of migrant workers, in particular female domestic workers, the
number of cases in which sponsors were punished for torture or ill-treatment of migrant
workers and the number of victims who received redress and who have been returned to
their country of origin, particularly in the light of information before the Committee that
reflects numerous allegations by migrant workers of physical abuse, sexual violence, rape
and attempted rape (arts. 2, 4, 12, 14 and 16).
41.
The State party should strengthen its efforts to provide legal protection to
migrant workers, in particular female domestic workers, in its territory against
torture, ill-treatment and abuse, and guarantee access to justice. In that regard, the
State party should:
(a)
Urgently reform the kafala system to ensure that female migrant
workers are not subjected to the risk of abuse in violation of the Convention, as
reported to the Committee;
9