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TITLE: SAUDI ARABIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
SAUDI ARABIA
Saudi Arabia is a monarchy without elected representative
institutions or political parties. It is ruled by King Fahd
bin Abdul Aziz Al Saud, a descendent of King Abdul Aziz Al
Saud, who unified the country in the early 20th century. The
King and the Crown Prince are chosen from among the male
descendants of King Abdul Aziz. There is no written
Constitution. The concept of the separation of religion and
state is not accepted by either society or the Government. The
legitimacy of the Government depends to a large degree on its
perceived adherence to the precepts of a puritanically
conservative form of Islam. Most Saudis respect the legal
system, which they believe is divinely inspired. They also
revere such ancient customs as government by consensus,
internal social cohesion, respect for private property, and
private economic enterprise. The Government disagrees with
internationally accepted definitions of human rights and views
Islamic law as the only necessary guide to protect human rights.
In 1992 King Fahd appointed a Consultative Council, the Majlis
Ash-Shura, and similar provincial assemblies. The Council
began holding sessions in 1994. The Government does not permit
the establishment of political parties and suppresses
opposition views. The legal system is based on the regime's
interpretation of Shari'a, or Islamic law. Since the death of
King Abdul Aziz, the King and the Crown Prince have been chosen
from among his sons, who themselves have had preponderant
influence in the choice. A 1992 Royal decree reserves for the
King the exclusive power to name the Crown Prince.
Police and border forces under the Ministry of Interior are
responsible for internal security. The Mutawwa'in, or
volunteer religious police, are part of the Organization to
Prevent Vice and To Promote Virtue, a semi-autonomous agency
which encourages adherence to Islamic values by monitoring
public behavior. The Mutawwa'in continued to confront and
abuse citizens and foreigners of both sexes. They committed
many abuses during the year. The Mutawwa'in are government
employees; however, other citizens sometimes represent
themselves as Mutawwa'in when in fact they are not.
The oil industry has transformed Saudi Arabia from a pastoral,
agricultural, and commercial economy to a rapidly urbanizing
one characterized by large-scale infrastructure projects, the
emergence of a welfare state and a middle class, and millions
of foreign workers. Oil revenues account for one-third of the
gross domestic product (GDP) and three-fourths of the
government budget. Oil has also enriched members of the royal
family and their associates. Agriculture accounts for only
about 5 percent of GDP. Government spending, including
spending on the national airline, and power, water, telephone,
education and health services, accounts for 29 percent of GDP.
About 36 percent of the economy is in private hands, and the
Government is promoting further privatization of the economy.
Human rights abuses in 1994 continued. Principal abuses
included: the torture of prisoners; incommunicado detention;
prohibitions or restrictions on the freedoms of speech, press,
and religion; systematic discrimination against women; and
strict limitations, and even suppression, of the rights of
workers and ethnic and religious minorities. There is no
mechanism for citizens to change their government. The
Government's legitimacy is based on its adherence to the
Shari'a and upon the consent of the governed, who are obliged
to obey the ruler as long as he continues to govern according
to Islamic law.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were credible reports that the authorities continued to
torture and otherwise abuse detainees, including citizens and
foreigners. A common method of torture is beating, especially
"fallaqa," which is a beating on the soles of the feet to cause
intense pain. The authorities also deprive detainees of sleep.
Agents of the Ministry of Interior are allegedly responsible
for most incidents of abuse. The Government's failure to
announce the punishment of human rights abusers has contributed
to a public perception that abuses can be committed with
impunity.
The Mutawwa'in were also responsible for abuse. In May they
arrested 19 expatriate workers from the United States, Egypt,
Canada, Ireland, and Venezuela after they departed a party at a
private home. The Mutawwa'in reportedly beat an Egyptian and a
Venezuelan man, ripped off the outer clothing of an Egyptian
woman, and severely beat an American woman, ramming her head on
a car door, resulting in serious injury to her face and one
eye. Following diplomatic protests, the Government indicated
privately that it had conducted a high-level investigation and
that "very strong measures had been taken" against the
Mutawwa'in involved. However, government officials did not
specify what actions were taken and did not make a public
report on the incident.
In April, after CDLR spokesman Mohamed Al-Mas'ari fled the
Kingdom, security forces arrested several members and
sympathizers of the Committee for the Defense of Legitimate
Rights (CDLR) (see Sections 1.d. and 2.a.). Security officials
reportedly tortured these detainees after their arrest. In
accordance with standard practice, the Government did not
comment on the allegations. Al-Mas'ari reported that he was
tortured during 6 months of detention in 1993.
While regular access to detention facilities by impartial
observers is rare, representatives of the U.N. High
Commissioner for Refugees (UNHCR) visited detention camps
holding Gulf War refugees. In 1993 during her visit to the
Rafha refugee camp at the invitation of the Government, U.N.
High Commissioner for Refugees Ogata praised the Government's
contributions to the refugees' welfare.
In May Amnesty International (AI) published a report containing
allegations that guards tortured and beat refugees at the Rafha
camp. However, reliable sources indicate that the allegations
were inaccurate and exaggerated. Many of the incidents cited
in the AI report allegedly occurred between 1991 and 1993.
Sources from UNHCR and the International Committee of the Red
Cross (ICRC) confirmed some of those incidents and reported
that authorities promptly removed the guards responsible for
abuses. The sources also maintain that documented cases of
abuse of refugees by guards dropped significantly during that
period.
The Government rigorously observes the criminal punishments
according to its interpretation of Islamic Law, including
amputation for repeated theft and execution by beheading and
stoning. In 1994 the authorities beheaded 59 of the 60 persons
convicted for drug trafficking, rape, and murder. They impose
execution by firing squad for women convicted of capital
offenses; there was one such execution in 1994. The number of
executions, which had risen in recent years because of drug
trafficking, was down from 85 in 1993.
The authorities punish repeated thievery by amputation of the
right hand. In 1994 they imposed this punishment on 5 Sudanese
and a Pakistani. For less serious crimes, such as drunkenness
or publicly flouting Islamic precepts, the authorities often
impose flogging with a cane.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, but there are few police
procedures to safeguard against abuse. Arresting officers have
broad discretion to determine the grounds for arrest and
frequently set their own standards for the rights of
detainees. A person may be detained without charge during the
investigation of a crime, a period that may last weeks or
months. In many cases, the authorities do not inform detainees
of the charges against them. The authorities detain most
suspects for no longer than 3 days before charging them but
have detained others for long periods before charging or
releasing them.
The Mutawwa'in have the authority to detain people for no more
than 24 hours for violations of behavior standards. However,
they sometimes exceed this limit before delivering detainees to
the regular police (see Section 1.f.). Current procedures
require a police officer to accompany the Mutawwa'in before the
latter makes an arrest. Recently, the Mutawwa'in have been
less active in harassing individuals.
In 1993 the King established an office of investigation and
public prosecution. Accordingly, only the public prosecutor is
authorized to conduct criminal investigations, a power
previously shared by several government agencies. At year's
end, however, the public prosecutor's office was not fully
operational.
There is no established procedure providing detainees the right
to inform their family of their arrest. The law has no
provision for bail or habeas corpus. Detainees are sometimes
released on the recognizance of a patron or sponsoring
employer. If asked, the authorities usually confirm an arrest
of foreign residents. In general, however, embassies learn
about such arrests through informal channels. The authorities
may take as long as several months to provide official
notification of the arrest of foreigners, if at all.
Detainees arrested by the General Directorate of Investigation
(GDI), the Ministry of Interior's security service, or
"Mubahith," are commonly held incommunicado during the initial
phase of an investigation, which may last weeks or months. The
GDI allows the detainees only limited contact with their
families or lawyers.
The authorities often detain without charges people who
publicly criticize the Government or they charge them with
attempting to destabilize the Government (see Sections 2.a.
and 3). In April and May, the Government detained 15 to 20
members or supporters of the CDLR, including relatives of CDLR
spokesman Mohamed Al-Mas'ari (see Section 1.a.).
The authorities arrested an American citizen on May 28,
reportedly for sympathizing with the CDLR. They held him in
isolation for 3 weeks, reportedly beat him during
interrogation, and deported him after release. The authorities
did not respond to repeated diplomatic requests for access by a
consular officer or for information about the charges.
The authorities also arrested Salman Al-Awdah and Safar
Al-Hawali, Muslim clerics who had publicly criticized the
Government. Their detention sparked protest demonstrations by
hundreds of individuals demanding their release. In September
and October, the authorities arrested 157 people for engaging
in demonstrations or other antigovernment activities. The
Government released 130 of the detainees on October 16, after
they pledged not to repeat their actions. At year's end, the
remaining 27 persons remained in detention pending
investigations.
e. Denial of Fair Public Trial
The judicial system is based on Islamic law, or Shari'a.
Regular Shari'a courts exercise jurisdiction over common
criminal cases and civil suits regarding marriage, divorce,
child custody, and inheritance. Other civil proceedings,
including those involving claims against the Government and
enforcement of foreign judgments, are held before specialized
administrative tribunals, such as the Commission for the
Settlement of Labor Disputes and the Board of Grievances.
Aside from the Koran and Sunna, which are the authenticated
sayings of the Prophet Mohamed, there are no written laws or
precedents by which the Shari'a courts make judgments. The
Government permits Shi'a Muslims to use their own legal
tradition to adjudicate only noncriminal cases within their
community.
The Ministry of Justice is responsible for the appointment,
transfer, and promotion of Shari'a court judges. Only the
Supreme Judicial Council, a body of senior jurists, may
discipline or remove judges. The independence of the judiciary
is prescribed by law and is usually respected in practice,
although judges occasionally accede to the influence of members
of the royal family and their associates. At the provincial
level, governors have reportedly threatened, and even detained,
judges over disagreements on their decisions. In general, the
public perceives members of the royal family, and other
powerful families, as not subject to the same rule of law as
ordinary citizens. For example, judges do not have the power
to issue a warrant summoning any member of the royal family.
The luggage of princes and other influential persons is not
subject to customs inspection on entering the country.
Defendants usually appear without an attorney before a judge,
who determines guilt or innocence in accordance with Shari'a
standards. Defense lawyers may offer their client advice
before trial or may attend the trial as interpreters for those
unfamiliar with Arabic. The courts do not provide foreign
defendants with translators. There is no licensing procedure
for lawyers. Individuals may choose any person to represent
them by a "power of attorney" filed with the court and Ministry
of Justice. Most trials are closed.
In the absence of two witnesses, or four witnesses in the case
of adultery, confessions before a judge are almost always
required for criminal conviction--a situation which opens the
possibility that prosecuting authorities may seek to obtain
forced confessions. Sentencing is not uniform and may vary
according to the nationality of the defendant. Under Shari'a
law, as interpreted and applied in Saudi Arabia, crimes against
Muslims receive harsher penalties than those against
non-Muslims. In the case of wrongful death, the amount of
indemnity or "blood money" awarded to relatives varies with the
nationality, religion, and sex of the victim. A sentence may
be changed at any stage of review, except for punishments
stipulated by the Koran. Provincial governors have the
authority to exercise leniency and reduce a judge's sentence.
Appeals are automatically reviewed by a three-judge panel at
the Ministry of Justice or, in more serious cases, by the Court
of Cassation and the Supreme Judicial Council. The reviews are
conducted to ensure that the trial judge applied appropriate
legal principles and punishments.
The King and his advisors review cases involving capital
punishment to ensure that the court applied the proper legal
and Islamic principles. The King has the authority to grant
pardons and commute death sentences, but he does not have the
authority to pardon capital crimes committed against
individuals. In such cases, he may request the victim's next
of kin to pardon the murderer--usually in return for
compensation from the family or the King.
The military justice system has jurisdiction over uniformed
personnel and civil servants charged with violations of
military regulations. Court-martial decisions are reviewed by
the Minister of Defense and Aviation and by the King.
There is insufficient information to determine the number of
political prisoners because the Government does not provide
information on such persons or respond to inquiries about
them. Moreover, the Government conducts closed trials for
persons who may be political prisoners and in other cases has
detained persons incommunicado for long periods while under
investigation. At year's end, the Government detained an
estimated 15 to 20 people for their alleged connections with
the CDRL, and 27 others for their alleged participation in
demonstrations protesting the detention of two fundamentalist
Shaykhs.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of family life and the inviolability of the home
are among the most fundamental of Islamic precepts. Royal
decrees announced in 1992 include provisions calling for the
Government to defend the home from unlawful incursions.
The police must generally demonstrate reasonable cause and
obtain permission from the provincial governor before searching
a private home, but warrants are not required. However, some
Mutawwa'in continued to enter homes forcibly, searching for
evidence of un-Islamic behavior, and to harass and abuse
perceived transgressors.
Customs officials routinely open mail for contraband, including
material deemed pornographic as well as non-Muslim religious
material. They regularly confiscate materials deemed
offensive. The authorities use informants, wiretaps, and open
mail in internal security matters. Government officials
reportedly wiretapped the telephone conversations of CDLR
spokesman Al-Mas'ari with foreign journalists and human rights
organizations.
The Government enforces most social and Islamic religious
norms, which are matters of law (see Section 5). Women may not
marry non-Saudis without government permission. Although women
are prohibited from marrying non-Muslims, men have the right to
marry Christians and Jews. Men must obtain approval from the
Ministry of Interior to marry women from countries outside the
six states of the Gulf Cooperation Council.
Both citizens and foreigners were targets of harassment by
members of the Mutawwa'in--and even by religious vigilantes
acting independently of the Mutawwa'in. The Government has not
condemned the actions of religious vigilantes or sought to
disband such groups.
The Mutawwa'in continued to press for enforcement of their
strict standards of social behavior, including the closure of
commercial establishments during the daily prayer observances,
appropriate dress in public, and avoidance of video tape rental
shops. They harassed Saudi and foreign women for failure to
observe strict dress codes, and for being in the company of
males who are not their close relatives. They also harassed
non-Muslims attempting to conduct religious services (see
Section 2.c.).
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law severely limits the freedom of speech and press. The
authorities do not countenance criticism of Islam, the ruling
family, or the Government.
In 1994 CDLR spokesman Al-Mas'ari secretly fled to the United
Kingdom (UK), where he sought political asylum and established
an overseas branch of the CDLR (see Sections 1.c. and 1.d.).
Established in 1993 by six citizens, the CDLR criticizes the
Government's human rights record from the perspective of
Islamic principles and advocates stricter adherence to Islamic
principles by the Royal family and the Government. After the
CDLR criticized the Government in the international press in
1993, security forces detained 38 of its members, including
Al-Mas'ari, confiscated their passports, and forbade them to
travel or speak publicly. The authorities dismissed several
founding members from their government jobs. They subsequently
released the detainees after they signed statements promising
not to discuss the Government's policies or communicate with
anyone outside the country by telephone or facsimile machine.
Al-Mas'ari was released in November 1993 after spending 6
months in detention.
In the UK, Al-Mas'ari continued to disseminate tracts critical
of the Government, particularly of King Fahd, Interior Minister
Prince Naif, and Riyadh Governor Prince Salman. His publicized
views have expressed opposition to peace with Israel and to
Saudi support for the peace process. After Al-Mas'ari fled,
security forces arrested 15 to 20 of his relatives and
supporters. In late 1994, the Government released several of
these detainees, including Dr. Fouad Dehlawi; Mas'ari's
brother, Lu'ay al-Mas'ari; and Mas'ari's brothers-in law,
Rashad and Nabil al-Mudarris. Others remain in custody. The
Government has not publicly acknowledged any of these
detentions.
In mid-September, Interior Ministry authorities arrested two
Muslim clerics and critics of the Government, Salman Al-Awdah
and Safar Al-Hawali, for violating a government order
prohibiting them from delivering lectures or sermons critical
of the Government. In 1993 Al-Awdah and Al-Hawali reportedly
had refused to sign a statement acknowledging the order.
Ministry of Interior officials claimed that they detained
Al-Awdah and Al-Hawali to safeguard the security and stability
of the nation. At year's end, the clerics were still in
detention (see Section 1.d.).
In August the United States granted asylum to Mohamed
Al-Khilewi, a Saudi diplomat assigned to the United Nations in
New York City. Al-Khilewi claimed that he feared for his life
if he returned to Saudi Arabia because he had written a letter
to the royal family and to a Saudi religious leader alleging
human rights abuses, official corruption, and official support
for terrorist groups. The Government has said that Al-Khilewi
would not face retribution if he returned.
The press is privately owned, but a 1982 media policy statement
and a 1965 national security law prohibit the dissemination of
criticism of the Government. The media policy statement urges
journalists to uphold Islam, oppose atheism, promote Arab
interests, and preserve the cultural heritage of Saudi Arabia.
The Ministry of Information appoints, and may remove, the
editors in chief. It also provides guidelines to newspapers on
controversial issues. The Government owns the Saudi Press
Agency, which expresses official government views.
Newspapers publish domestic news on sensitive subjects, such as
crime or terrorism, only after the authorities arrest and
sentence the perpetrators. The Government suppresses any news
regarded as a threat to national security. The press reports
foreign news objectively, but the authorities censor stories
about the Kingdom in the foreign press. Censors may remove or
blacken the offending articles, or prevent certain issues of
foreign publications from entering the market. The Government
tightly restricts the entry of foreign journalists into the
Kingdom.
The Government owns and operates the television and radio
companies. Government censors review foreign programs and
songs, often removing any reference to politics, religions
other than Islam, pork or pigs, alcohol, or sexual innuendo.
There are 100,000 to 200,000 satellite receiving dishes in the
Kingdom which provide citizens with foreign broadcasts. The
legal status of these devices is ambiguous. The Government
ordered a halt to the import of satellite dishes in 1992--at
the request of religious leaders who objected to foreign
programming available on satellite channels. In March the
Government banned the installation of dishes and supporting
devices. However, consumers continued to buy and install the
dishes.
Academic freedom is restricted. The authorities prohibit the
study of evolution, Freud, Marx, music, and Western
philosophy. Some professors believe that Government and
conservative religious informers monitor their classroom
comments.
The Government censors all forms of public artistic
expression. The authorities prohibit cinemas and public
musical or theater performances, except those that are strictly
folkloric.
b. Freedom of Peaceful Assembly and Association
The Government strictly limits these freedoms. It prohibits
public demonstrations as a means of political expression and
the establishment of political parties or any type of
opposition group (see Section 3). By its power to license
associations, the Government ensures that groups conform to
public policy.
Public meetings are segregated by sex. Unless meetings are
sponsored by diplomatic missions, foreign residents seeking to
hold unsegregated meetings risk arrest and deportation.
The authorities monitor any large gathering of people,
especially of women. In January the Government closed all
health clubs, but several months later the clubs reopened for
male patrons only. Health clubs for women remain closed. The
Government has not explained why the clubs have been closed to
women.
In February the Mutawwa'in closed a proposed cultural program
for Saudi and expatriate women. The Mutawwa'in indicated that
a public gathering featuring a fashion show and dancing was not
an appropriate activity for women.
c. Freedom of Religion
Freedom of religion does not exist. Islam is the official
religion, and all citizens must be Muslims. The Government
prohibits the practice of other religions according to an
injunction attributed to the Prophet Mohammed. Conversion by a
Muslim to another religion is considered apostasy. Public
apostasy is a crime under Shari'a law and punishable by death.
There were no executions in 1994 for apostasy.
Islamic practice is generally limited to that of the Wahabi
sect's interpretation of the Hanbali school of Sunni Islamic
jurisprudence. Practices contrary to this interpretation, such
as visits to the graves of renowned Muslims or public prayers
according to Shi'a Islam, are discouraged.
The Shi'a Muslim minority of 500,000 persons lives mostly in
the Eastern Province. They are the objects of officially
sanctioned social and economic discrimination (see Section 5).
Prior to 1990, the Government prohibited Shi'ite public
processions during the Islamic month of Muharram and restricted
other processions and congregations to designated areas in the
major Shi'ite cities. Since 1990, the authorities have
permitted marches on the Shi'a holiday of Ashura, provided the
marchers do not display banners or engage in
self-flagellation. Only 1 of the 60 members of the Majlis
Ash-Shura is a Shi'a.
The Government seldom permits private construction of Shi'ite
mosques, and the Shi'a have refused government offers to build
state-supported mosques, because Shi'ite motifs would be
prohibited in them.
The Government does not permit public or private non-Muslim
religious activities. Persons wearing religious symbols of any
kind in public risk confrontation with the Mutawwa'in. The
general prohibition against religious symbols applies also to
Muslims. A Muslim wearing a Koranic necklace in public would
be admonished. Non-Muslim worshippers risk arrest and
deportation for engaging in any religious activity that
attracts official attention.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government restricts the travel of Saudi and non-Saudi
women. Women must obtain written permission from their closest
male relative before the authorities will allow them to board
public transportation between different parts of the country or
travel abroad (see Section 5). Males may travel anywhere
within the country.
The Government requires foreign residents to carry
identification cards. It does not permit foreigners to travel
outside the city of their employment or change their workplace
without their sponsor's permission. Foreign residents who
travel in the Kingdom are often asked by the authorities to
show they possess letters of permission from their employers.
Foreign workers must also obtain permission from their sponsors
to travel abroad. Sponsors generally retain possession of the
workers' passports. If sponsors are involved in a commercial
or labor dispute with foreign employees, they may ask the
authorities to prohibit the employees from departing the
country until the dispute is resolved. Some sponsors use this
pressure tactic to resolve disputes in their favor--or to have
foreign employees deported.
The Government seizes the passports of all potential suspects
and witnesses in criminal cases, and suspends the issuance of
exit visas to them, until the case is tried. As a result, some
foreign nationals are forced to remain in the Kingdom for
lengthy periods against their will. The authorities sometimes
confiscate the passports of suspected subversives. The
Government prevents Shi'a Muslims believed to have pro-Iranian
sympathies from traveling abroad.
Citizens may emigrate, but the law prohibits dual citizenship.
There are no provisions for long-term foreign residents to
acquire citizenship. However, foreigners are granted
citizenship in rare cases, generally through the advocacy of an
influential patron.
In April the Government revoked the citizenship of Osama Bin
Laden, a wealthy citizen known to support Islamic terrorist
groups, for refusing to return from abroad to answer charges
concerning his activities. The Interior Ministry issued a
statement that Bin Laden "contradicted the Kingdom's interest
and harmed its relations with sisterly countries." After his
citizenship was revoked, Bin Laden was banned from reentering
the Kingdom.
Article 42 of the 1992 Basic Law provides that "the State will
grant political asylum if the public interest mitigates" in
favor of it. The language does not specify clear rules for
adjudicating asylum cases. In general, the authorities regard
refugees and displaced persons like other foreign workers:
they must have sponsors for employment or risk expulsion at the
border.
After the Gulf War, the Government granted refuge to 35,000
Iraqi civilians and former prisoners of war. At year's end,
16,000 have been resettled in third countries or were
voluntarily repatriated to Iraq. Most of the remaining 18,400
refugees are restricted to the Rafha Refugee Camp. In 1993
Human Rights Watch reported that refugees were forcibly
repatriated to Iraq after staging a riot at the Rafha camp.
However, the UNHCR has monitored over 2,450 refugees
voluntarily returning to Iraq since 1991 and found no evidence
of forcible repatriations in 1993 or 1994.
The Government has temporarily allowed some foreigners to
remain in Saudi Arabia in cases where their safety would be
jeopardized if they were deported to their home countries. The
authorities also worked with the UNHCR to repatriate several
hundred southern Yemeni refugees after the end of the Yemen
civil war.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government.
There are no formal democratic institutions, and only a few
citizens have a voice in the choice of leaders or in changing
the political system. The King rules in matters civil and
religious, within certain limitations established by religious
law, tradition, and the need to maintain consensus among the
ruling family and religious leaders.
The King is also the Prime Minister, and the Crown Prince
serves as first deputy Prime Minister. The King appoints all
other ministers, who in turn appoint subordinate officials with
Cabinet concurrence.
In 1993 the King appointed 60 members to a Consultative
Council, or Majlis Ash-Shura. It is an advisory body only. It
began to hold sessions in 1994, but it has not publicized its
work in detail.
The Council of Senior Islamic Scholars is another advisory body
to the King and the Cabinet. It issues decisions based on
Shari'a law supporting the Government's public policies. The
Government uses the Council as an important source of religious
legitimacy.
Communication between citizens and the Government is usually
expressed through client-patron relationships and by affinity
groups such as tribes, families, and professional hierarchies.
The open-door audience, or majlis, is the primary forum for
expressing an opinion or grievance. Any male citizen or
foreign national may attend these sessions held by the King,
princes, or important national and local officials.
Participation by women is restricted, although some women seek
redress through female members of the royal family.
As governmental functions have become more complex,
time-consuming, and centralized, public access to senior
officials has become more difficult. After the assassination
of King Faisal in 1975, Saudi kings have reduced the frequency
of their personal contacts with the public. Access to King
Fahd by ordinary citizens is difficult, in part due to strict
security measures.
Typical topics raised in a majlis are complaints about
bureaucratic delay or insensitivity, requests for redress or
assistance, and criticism of particular acts of government
affecting personal or family welfare. Broader "political"
concerns--Saudi social, economic, or foreign policy--are raised
only occasionally.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no publicly active human rights groups, and none
critical of government policies would be permitted. The
Government acted quickly to repress the CDLR following the
announcement of its formation in 1993 (see Section 2.a.).
The Government does not permit visits by international human
rights groups, any visits to prisoners by independent monitors,
nor has it signed major international human rights treaties and
conventions. The Government disagrees with internationally
accepted definitions of human rights and views Islamic law as
the only necessary guide to protect human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
By religious law and social custom, women have few political
and social rights, and are not treated as equal members of
society. Women, including foreigners, may not legally drive
motor vehicles or ride bicycles and are restricted in their use
of public facilities when men are present. Women must enter
city buses by separate rear entrances and sit in specially
designated sections. Women risk arrest by the Mutawwa'in for
riding alone in a vehicle driven by a male who is not an
employee or a close male relative. By law and custom, women
may not undertake domestic or foreign travel alone (see Section
2.d.).
In public women are required to wear the abaya, a black garment
covering the entire body, including the head and face. The
Mutawwa'in generally expect women from Arab countries, Asia,
and Africa to comply more fully with Saudi customs of dress
than Western women; nonetheless, in recent years they have
increased pressure on Western women to wear the abaya and cover
their hair.
Women are also subject to discrimination in Islamic law which
stipulates that daughters receive half the inheritance awarded
to their brothers--reflecting the fact that men have financial
obligations to their mothers and sisters. In a Shari'a court,
the testimony of one man equals that of two women.
Although Islamic law permits polygyny, it is becoming less
common. Islamic law limits a husband to four wives, provided
that he treats each wife equally. In practice, such equality
is left to the discretion of the husband.
Women must demonstrate legally specified grounds for divorce,
but men may divorce without giving cause. If divorced or
widowed, a woman normally may keep her children until they
attain the age of 7. Children over 7 are awarded to the
divorced husband. Divorced women who are foreigners are often
prevented by their former husbands from visiting their children
after divorce.
Women have access to free, but segregated, education through
the university level. They constitute 55 percent of all
university graduates--but are excluded from studying such
subjects as engineering, journalism, and architecture. Men are
able to study overseas; women may do so if accompanied by a
spouse or an immediate male relative.
Women make up only 5 percent of the work force. Most
employment opportunities for women are in education and health
care, with lesser opportunity in business, philanthropy,
banking, retail sales, and the media. Women wishing to enter
nontraditional fields are subject to arbitrary discrimination.
Women may not accept jobs in rural areas if they are required
to live apart from their families. All workplaces where women
are present are segregated by sex. Contact with male
supervisors or clients is allowed only by telephone or
facsimile machine.
Hospital workers report that many women are admitted for
treatment of injuries that apparently result from spousal
violence. "Islamic advice" columns in the press sometimes
recommend the "strict disciplining" of women, an expression
understood to encompass some degree of physical force as part
of a proper marriage.
There were credible reports that some Western women married to
Saudis, and their children, have suffered physical abuse from
the spouse or father. Appropriate embassy officials must seek
the assistance of government officials to intervene in such
cases. The Government does not keep statistics on spousal or
other forms of violence against women.
Embassies receive many reports that employers abuse foreign
women working as domestic servants. In general, the Government
considers such cases as family matters and does not intervene
unless charges of abuse are brought to its attention. It is
almost impossible for foreign women to obtain redress in the
courts due to the court's strict evidentiary rules and the
women's own fears of reprisals. Few employers have been
punished for such abuses. There are no private support groups
or religious associations to which these women could turn for
assistance.
Children
The Government provides all children with free education and
medical care. Children are highly valued in society, and large
families are common. Reports of abuse of children are rare.
Children are not subject to the strict social segregation faced
by women. Children are segregated by sex in schools starting
at age 7. Boys are segregated in social situations at age 12,
and girls at the onset of puberty.
National/Racial/Ethnic Minorities
Although racial discrimination is illegal, there is substantial
societal prejudice based on ethnic or national origin. Foreign
workers from Africa and Asia are subject to various forms of
formal and informal discrimination and have the most difficulty
in obtain justice for their grievances.
Religious Minorities
The Government is intolerant of the practice of any non-Islamic
religion. It also subjects the Shi'a Muslim minority to
stringent religious repression (see Section 2.c.). Shi'a
citizens are discriminated against in government and
employment, especially in national security jobs. Several
years ago the Government subjected Shi'a to employment
restrictions in the oil industry and has not relaxed them.
Some Sunni clerics, including Al-Awdah and one CDLR founder,
have made strong anti-Shi'a statements (see Section 2.a.).
Shi'a also face restrictions on access to social services,
despite efforts by the Government to improve the social service
infrastructure in predominantly Shi'a areas of the country.
Since the Iranian revolution, some Shi'a have been subjected
periodically to surveillance and limitations on travel abroad.
Some Sunni clerics advocate stronger government discriminatory
measures against Shi'a citizens.
People with Disabilities
Traditionally, disabled individuals were secluded within the
family, but the provision of government social services has
brought the disabled into the public. Public awareness and
acceptance of the disabled are growing. The Government and
private charitable organizations cooperate in education,
employment, and other services for the disabled. The law
provides hiring quotas for the disabled. While there is no
legislation for public accessibility, newer commercial
buildings often include such access.
Section 6 Worker Rights
a. The Right of Association
Government decrees prohibit the establishment of labor unions
and any strike activity.
b. The Right to Organize and Bargain Collectively
Collective bargaining is forbidden. Foreign workers comprise
about half of the work force. Wages are set by employers on
the basis of market forces, but vary according to the
nationality of the worker. There are no export processing
zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor has been prohibited since 1962 by the royal decree
that abolished slavery. Ratification of the International
Labor Organization's (ILO) Conventions 29 and 105, which
prohibit forced labor, has the force of law. However,
employers have significant control over the movements of
foreign employees, giving rise to situations that might involve
forced labor--especially in remote areas where workers are
unable to leave their place of work. Sometimes sponsors
prevent foreign workers from obtaining exit visas to pressure
them to sign a new work contract. In another pressure tactic,
sponsors may refuse to provide foreign workers with a "letter
of no objection" which would allow them to be employed by
another sponsor.
The labor laws do not protect domestic servants. There were
credible reports that female domestic servants were sometimes
forced to work 12 to 16 hours a day, 7 days a week. There were
numerous confirmed reports of runaway maids. The authorities
often returned runaway maids to their employers against the
maids' wishes.
There have been many reports of workers whose employers have
refused to pay several months, or even years, of accumulated
salary or other promised benefits. Nondomestic workers with
such grievances have the right to complain before the labor
courts, but few do so because of fear of deportation. The
Government abets the exploitation of foreign workers because
the system for enforcing work contracts is weak and generally
favors Saudi employers.
d. Minimum Age for Employment of Children
The minimum age for employment is 13 years, which may be waived
by the Ministry of Labor with the consent of the juvenile's
guardian. There is no minimum age for workers employed in
family-operated businesses or in other situations that are
construed as extensions of the household, e.g., farmers,
herdsmen, and domestic servants. Workers in such fields are
not protected by labor regulations. There were reports that
children aged 5 to 12 years are used as jockeys in camel racing.
Children under age 18 and women may not be employed in
hazardous or harmful industries, such as mines or industries
employing power-operated machinery. While there is no formal
government entity charged with enforcing the minimum age for
employment of children, the Ministry of Justice has
jurisdiction and has acted as plaintiff in the few cases that
have arisen against alleged violators.
e. Acceptable Conditions of Work
There is no legal minimum wage. Labor regulations establish a
48-hour workweek at regular pay and allow employers to require
up to 12 additional hours of overtime at time-and-a-half pay.
Saudi labor law provides for a 24-hour rest period, normally
Fridays, although the employer may grant it on another day.
Many foreign nationals who have been recruited abroad have
complained that, after arrival in Saudi Arabia, they were
presented with work contracts specifying lower wages and fewer
benefits than originally promised. Other foreign workers have
reportedly signed contracts in their home countries and were
later pressured to sign less favorable contracts after
arrival. Reliable reports indicate that the length of service
called for in the original contract is sometimes increased
after arrival by as much as 3 years. Some employees report
that at the end of their contract service, their employers
refuse to grant permission to allow them to return home.
The ILO has stated that the Government has not formulated
legislation implementing the ILO Convention on equal pay and
that regulations which segregate work places by sex, and limit
vocational programs for women, violate ILO Convention 111.
Saudi labor regulations require employers to protect most
workers from job-related hazards and disease. Workers in
family operated businesses, farmers, herdsmen, and domestic
servants are not covered by these regulations. Ministry of
Labor inspectors and the labor courts are seeking, with some
success, to enforce the Labor Code, but foreign nationals
report frequent failures to enforce health and safety standards.
(###)
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