One of the biggest reasons forced-labor victims do not report their exploitation is a simple but overwhelming fear: "If I report this, will I be deported? Will I be punished for the residency violation my exploitative employer caused?" Saudi law answers this fear directly through two specific principles: the non-punishment of victims, and your right to stay and work during the investigation.
📜 The Non-Punishment Principle
The National Policy for the Elimination of Forced Labor in the Kingdom (issued in 1446H) explicitly states, under its third pillar "Promoting Access to Justice," this principle as an officially declared state objective:
"Enhancing the effective enforcement of the law, ensuring a rigorous system of criminal sanctions and evidence-based investigations for the prosecution of perpetrators, as well as upholding the principle of non-punishment of victims."
In other words: if you are a victim of exploitation that led to a violation of residency or labor regulations — because your employer, for example, confiscated your passport, prevented you from renewing your residency, or forced you to work outside the scope of your permit — the state officially adopts the principle of not holding you accountable for these violations, because they resulted from the crime committed against you, not from your own choice.
🏠 Your Right to Stay in Saudi Arabia and Work During the Investigation
The Anti-Trafficking in Persons Law does not stop at a general principle — it establishes a specific procedural right for a foreign victim:
"If the victim is a foreigner and there is a necessity for him to remain in the Kingdom, or to work while investigation or trial proceedings are ongoing, the Public Prosecution or the competent court may make that determination."
This means you are not forced to choose between reporting your exploitation and losing your livelihood or leaving Saudi Arabia immediately. The law explicitly grants the Public Prosecution and the court the authority to allow you to stay and work while your case proceeds.
🛡️ Full Protection and Care Rights
Alongside the right to stay and work, Article 15 guarantees a complete package of rights during the investigation and trial stages:
- Being informed of your legal rights in a language you understand.
- Being given the opportunity to explain your situation as a trafficking victim, along with your legal, physical, psychological, and social status.
- Being examined by a specialist physician if you need medical or psychological care, or if you request it yourself.
- Being placed in a medical, psychological, or social rehabilitation center if your condition requires it.
- Being placed in a specialized center if you need shelter.
- Being provided with security protection if necessary.
The Council of Ministers resolution accompanying the Anti-Trafficking Law established a dedicated committee within the Human Rights Commission, with membership from the Ministries of Interior, Foreign Affairs, Justice, Social Affairs, and Labor, tasked with following up on victims' situations to ensure they are not harmed again, and coordinating with authorities to return the victim to their home country if they request it — or, if the victim wishes, recommending that they remain in the Kingdom and have their legal status regularized so they can work, with this recommendation reviewed at least once a year.
✅ What Does This Mean Practically for You?
- Don't let fear of deportation or punishment stop you from reporting genuine exploitation — the law was specifically designed to address this fear.
- Any residency or labor violation resulting from your exploitation is not supposed to be held against you as a victim.
- You can request to stay and continue working legally during the investigation, instead of being forced to leave the country immediately.
- Explicitly ask for your rights to be explained in a language you understand, and for medical or psychological care if you need it.
- Use Sanad to understand your precise legal situation and the practical steps available to you.
- Anti-Trafficking in Persons Law, Royal Decree No. M/40 dated 21/7/1430H — Article 15, and its accompanying Council of Ministers Resolution No. 244
- National Policy for the Elimination of Forced Labor in the Kingdom of Saudi Arabia, Council of Ministers Resolution No. 524 of 1446H — the Second and Third Pillars