In November 2025, the ILO Governing Body (GB) admitted an Article 26 complaint against Saudi Arabia for not adhering to its binding commitment in relation to several ILO conventions. The kingdom is seeking to close the complaint prematurely, in the GB session starting 23 March - Opens in new tab. In its 60-page response to the complaint, Saudi has not only deflected the arguments of the case, but has singled out by name a leader of the union that filed the complaint.
Saudi’s response conflates intent as impact, and disregards the exploitation that migrant workers face under the Kafala system. In recent months there have also been claims that the Kafala system has been abolished, which MRRORS has fact-checked and found to be untrue.
Saudi did launch a Labour Reform Initiative in 2021, and has since made some significant changes to its labour and immigration laws. But key provisions of the Kafala system remain intact, including:
- Residency and work visas are still tied to the sponsor/employer.
- Migrant workers must still obtain exit permits, albeit in a different form.
- Migrant workers still need their employer’s consent to change jobs during their first year in the country, and sponsors’ control over final exit permits can further restrict their ability to change sponsors freely. Domestic workers’ ability to transfer employers remains severely constrained.
In November, the GB’s decision stated - Opens in new tab:
Taking into account the conditions established in article 26 of the ILO Constitution, the Governing Body:
(a) decided that the complaint was receivable in relation to the Forced Labour Convention, 1930 (No. 29), the Protection of Wages Convention, 1949 (No. 95), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and not receivable in relation to the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Occupational Safety and Health Convention, 1981 (No. 155);
(b) requested the Director-General to transmit the complaint to the Government of Saudi Arabia, inviting it to communicate its observations on the complaint by 30 January 2026;
(c) acknowledging the importance of dialogue between the parties, encouraged them to maintain their constructive engagement and requested the Director-General to provide any support needed to facilitate that process and to report to the Governing Body at its next session in March 2026;
(d) decided to place the item on the agenda of the 356th Session (March 2026) of the Governing Body.
Call to reject request
Human rights groups have called on the ILO GB to reject Saudi’s request. In a joint statement, the groups urged the ILO to stand firm against the Kingdom’s efforts to dismiss the complaint:
The Government of Saudi Arabia’s response to the complaint - Opens in new tab calls for it to be dismissed citing recent reforms and procedural arguments, whilst failing to present credible data or evidence that these reforms are being implemented effectively, let alone delivering improved working and living conditions for migrant workers and accountability for abusive employers.
In so doing the Saudi government refuses to take the allegations documented in the complaint seriously under the pretext of anonymous testimonies by many victims. However, this fails to acknowledge that the fear of reprisals is real and credible for workers toiling under an oppressive sponsorship system operated by a government which severely restricts freedom of expression, access to justice and criminalizes human rights defenders - Opens in new tab.
The groups also objected strongly to “the reckless decision of the Saudi government to explicitly name the leader of one of the African trade union originators of the complaint in its response. In doing so, the Saudi authorities have made alarmingly clear that their apparent priority is to expose and put at risk those who raise grievances and organize to defend the rights of migrant workers, instead of meaningfully engaging with the complaint on its merits.”
Joint-statement-ILO-KSA-Art-26-March-2026-session.pdf - Opens in new tab
