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Title: Saudi Arabia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SAUDI ARABIA
Saudi Arabia is a monarchy without elected representative institutions
or political parties. It is ruled by King Fahd bin Abd Al-Aziz Al Saud,
a son of King Abd Al-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 Abd Al-Aziz. There is no written constitution.
There is no concept of the separation of religion and state. The
Government enforces adherence to the precepts of a rigorously
conservative form of Islam--a position that enjoys near-consensus
support among Saudi citizens.
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 Shari'a, or Islamic law. Most Saudis respect the legal system
which they believe is divinely inspired.
Police and border forces under the Ministry of Interior are responsible
for internal security. Members of the security forces committed abuses.
The Mutawwa'in, or Religious Police, compose the Committee to Prevent
Vice and Promote Virtue, a semiautonomous agency that encourages
adherence to Islamic values by monitoring public behavior. The
Mutawwa'in are government employees; however, private citizens sometimes
represent themselves as Mutawwa'in when in fact they are not. The
Mutawwa'in continued to confront, and sometimes abuse, citizens and
foreigners of both sexes.
The oil industry has transformed Saudi Arabia from a pastoral,
agricultural, and commercial society to a rapidly urbanizing one
characterized by large-scale infrastructure projects, the emergence of a
welfare state, and millions of foreign workers. Oil revenues account
for 37 percent of the gross domestic product (GDP) and 72 percent of
government income. Agriculture accounts for only about 8 percent of
GDP. Government spending, including spending on the national airline,
power, water, telephone, education and health services, accounts for 36
percent of GDP. About 37 percent of the economy is in private hands,
and the Government is promoting further privatization of the economy.
The Government commits or tolerates serious abuses. Aspects of the law
prohibit or restrict freedoms of speech, press, assembly, and
association. There is systematic discrimination against women, and
strict limitations, and even suppression, of the rights of workers and
ethnic and religious minorities. Ministry of Interior officers
allegedly abused prisoners and facilitated incommunicado detention in
contradiction of Saudi law, but with the acquiescence of the Government.
Arbitrary arrest and prolonged detention are problems, as well as
violence against women. There is no mechanism for citizens to change
their government. Since the death of King Abd Al-Aziz, the King and
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 exclusive power to name the Crown Prince. The Government
bases its legitimacy on governance according to Islamic law. The
Government disagrees with internationally accepted definitions of human
rights and views Islamic law as the only necessary guide to protect
human rights.
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 or other extrajudicial killings by
government officials. However, in August Abdullah Bin Abd Al-Rahman Al-
Hidaif, a supporter of the Committee for the Defense of Legitimate
Rights (CDLR), an opposition group based in London, was sentenced to
death by a Saudi court and executed for the 1994 attempted murder by
acid of an Interior Ministry official. Al-Hidaif's execution, by
beheading, was carried out as a form of "Ta'zeer"--as punishment
justifiably disproportionate to the crime so as to deter others who
might contemplate similar crimes, or even sympathize with acts of
political resistance that bring disunity to the community. Nine others
associated with Al-Hidaif were sentenced to prison terms for related
crimes (see Sections 1.d. and 1.e.).
In November unidentified assailants set off two car bombs near the Saudi
National Guard headquarters in Riyadh, killing 6 people, including 5
Americans, and wounding 60. At least two previously unknown groups
claimed responsibility, but their statements shed no light on the
identity of the perpetrators. Another obscure group warned twice
earlier in the year that U.S. and British military personnel would
become "legitimate targets" if they did not depart the Kingdom. A
government investigation into the bombing was ongoing at year's end.
b. Disappearance
There were no reports of politically motivated 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 foreigners. A common method of
torture is beating, especially "fallaqa," which is a beating on the
soles of the feet. The authorities also deprive detainees of sleep.
Ministry of Interior officers are allegedly responsible for most
incidents of abuse. The Government's failure to announce the punishment
of human rights abusers has contributed to the public perception that
abuses may be committed with impunity. An acquaintance of detained
religious activist Salman Al-Awdah claimed that the cleric was
hospitalized in January with a kidney ailment following beatings at the
hands of Interior Ministry officials. It is not possible to verify such
claims.
The Mutawwa'in and uniformed policemen were also responsible for abuse.
On the eve of the new year, Mutaww'in raided a private party and
arrested dozens of young Saudis and foreigners, including minors, for
associating with unrelated persons of the opposite sex, and for
suspicion of possessing alcohol. One detainee was chained to a chair
after arrest and struck by several Mutawwa'in. He was later forced to
stand with his arms outstretched; whenever his arms lowered from
exhaustion, a uniformed policeman would ignite a cigarette lighter under
his outstretched arms and fingers. Other persons attending the party
were also physically abused during and after their arrest.
The Government rigorously observes criminal punishments according to its
interpretation of Islamic law, including amputation for repeated theft,
execution by beheading, and stoning. In 1995 the authorities beheaded
191 persons, including 5 women. Whereas in 1994 all persons executed
had been convicted of one of only three capital offenses--rape, murder,
or drug trafficking--persons were executed in 1995 for a wider variety
of crimes, including alcohol trafficking, armed robbery, adultery,
practicing witchcraft, and attempted murder. The 1995 total was
considerably higher than the 59 executed in 1994. There were twice as
many non-Saudi executed as Saudis.
In accordance with Shari'a, repeated thievery is punished by amputation
of the right hand. In 1995 they imposed this punishment on two Saudis
and seven foreigners, including one woman. One Sudanese convicted of
murder had a hand and a leg amputated. For less serious crimes, such as
drunkenness or publicly flouting Islamic precepts, flogging with a cane
is frequently the punishment.
Conditions in standard jails and prisons vary throughout the kingdom.
Prisons, particularly in the Eastern Province, are of generally high
quality, with air-conditioned cells, good nutrition, regular exercise,
and careful patrolling by prison guards. Some detainees in police
station jails, however, have complained of overcrowding and unsanitary
conditions under which dozens of inmates share a communal cell and a
single toilet cut into the cell floor. Family members are allowed
access.
Boards of Investigation and Public Prosecution, organized on a regional
basis, were established by the King in 1993. The members of these
boards have the right to inspect prisons, review prisoners' files, and
hear their complaints. The Government, however, does not permit visits
to jails or prisons by human rights monitors. Some officials from
foreign embassies have been granted regular access to incarcerated
foreign citizens.
No impartial observer is allowed access to specialized Ministry of
Interior prisons, such as Al-Hair Prison south of Riyadh, where the
Government detains persons accused of political subversion.
Representatives of the United Nations High Commissioner for Refugees
(UNHCR) are present at the Rafha refugee camp housing former Iraqi
prisoners of war and civilians who fled Iraq following the Gulf War.
According to UNHCR officials, there is no systematic abuse of refugees
by camp guards. When occasional instances of abuse are reported, the
Saudi authorities are generally responsive and willing to reprimand
abusive guards. The camp itself is comfortable and well-run.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest. However, arresting officers have
traditionally exercised broad discretion in determining the grounds for
arrest and have frequently set their own standards for the rights of
detainees. As a result, there have traditionally been few procedures to
safeguard against abuse.
Authorities usually detain suspects for no longer than 3 days before
charging them, in accordance with a regulation issued by the Ministry of
Interior in 1983, although serious exceptions have been reported. The
regulation also has provisions for bail in cases involving other than
major crimes. Also, detainees are sometimes released on the
recognizance of a patron or sponsoring employer without the payment of
bail. If not released, the accused are detained on average 1 to 2
months before going to trial, although there are reports of persons
having been detained for years awaiting action on their cases.
The UNHCR reported that seven Iraqi refugees in Rafha camp were arrested
December 1992 following the murder of a fellow refugee. After 2 1/2
years of incarceration, six of the detainees were released in June,
having never been tried or officially charged.
There is no established procedure providing detainees with the right to
inform their family of their arrest. 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. In capital cases, foreigners have been
tried and executed without notification of their arrest delivered to
their embassies.
The Mutawwa'in have the authority to detain people for no more than 24
hours for violation 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, although this
requirement is often ignored. A number of long-term foreign residents
have attested that the Mutawwa'in are much more active in harassing
individuals than a decade ago, and have become increasingly active since
the Gulf War.
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 charge people who publicly
criticize the Government or charge them with attempting to destabilize
the Government (see Sections 2.a. and 3). In August the Government
sentenced one Saudi man to 5 years in prison in part for possessing
leaflets and posters mentioning the CDLR, and another to 3 years in
prison for attending meetings in support of the group and its exiled
spokesman, Mohammad Al-Mas'ari. Both were associates of Abdullah Bin
Abd Al-Rahman Al-Hidaif, who was executed for assaulting a security
official with acid (see Sections 1.a. and 1.e.).
The vociferously antigovernment CDLR has made repeated claims that more
than 300 clerics are currently detained for political reasons, although
this number is impossible to corroborate. The authorities continued to
detain Salman Al-Awdah and Safar Al-Hawali, Muslim clerics who were
arrested in September 1994 for publicly criticizing the Government.
Their detention sparked protest demonstrations resulting in the arrest
of 157 persons for antigovernment activities in October 1994. At the
end of 1994, 27 remained in detention pending investigations; the
Government did not announced the release of any of those detainees
during the year. The thousands of prisoners and detainees released in
February under the annual Ramadan amnesty included no political
dissidents.
e. Denial of Fair Public Trial
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.
Judicial, financial, and administrative control of the courts rests with
the Ministry of Justice. Jurisprudence is based on Shari'a, or Islamic
law. Regular Shari'a courts exercise jurisdiction over common criminal
cases and civil suits regarding marriage, divorce, child custody, and
inheritance. These courts base judgments largely on the Koran and on
the Sunna, the authenticated actions and deeds of the Prophet Muhammad.
Cases involving relatively small penalties are tried in summary courts;
more serious crimes are adjudicated in general courts. Appeals from
both courts are heard by the appeals courts in Mecca and Riyadh.
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.
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.
The Government permits Shi'a Muslims to use their own legal tradition to
adjudicate only noncriminal cases within their community.
There is a Supreme Judicial Council, which is not a court and may not
reverse decisions made by an appeals court. However, the Council may
refer decisions back to the lower courts for reconsideration. Its
members are appointed by the King, as are most senior jurists, called
muftis. Only the Council may discipline or remove a judge.
There is also a Council of Senior Religious Scholars, which is an
autonomous body of 15 senior religious jurists, including the Minister
of Justice. It establishes the legal principles to guide lower court
judges in deciding individual cases.
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 the
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 repeatedly has led prosecuting
authorities to seek 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. In some instances, 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 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 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.
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, at least nine persons were serving
prison terms for their connections to CDLR and alleged involvement in
the 1994 assault on an Interior Ministry official (see Sections 1.c. and
1.d.).
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 non-Islamic behavior,
and harassing and abusing 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.
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; men must obtain approval from the
Ministry of Interior to marry women from countries outside the 6 states
of the Gulf Cooperation Council. Although women are prohibited from
marrying non-Muslims, men have the right to marry Christians and Jews,
in accordance with Islamic law.
Both citizens and foreigners were targets of harassment by members of
the Mutawwa'in and by religious vigilantes acting independently of the
Mutawwa'in. The Government enjoins the Mutawwa'in to follow established
procedures and to offer instruction in a polite manner; following
especially egregious altercations, the authorities have temporarily
exerted tighter control over the Mutawwa'in. The Government, however,
has not condemned the actions of religious vigilantes or sought to
disband such groups.
Mutawwa'in enforcement of strict standards of social behavior included
the closure of commercial establishments during the daily prayer
observances, modest 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 and arrested 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 freedom of speech and press. The authorities do
not countenance criticism of Islam, the ruling family, or the
Government. Persons whose criticisms align them with an organized
political opposition are subject to arrest and detention until they
confess their crime or sign a statement promising not to resume such
criticisms, which is tantamount to a confession.
In 1994 CDRL spokesman Al-Mas'ari secretly fled to the United Kingdom,
where he sought political asylum and established an overseas branch of
the CDLR (see sections 1.c., 1.d. and 4). 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 United Kingdom, 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 Dahlawi; Al-
Mas'ari's brother, Lu'ay Al-Mas'ari; and Al-Mas'ari's brothers-in-law,
Rashad and Nabil Al-Mudarris. The Government did not publicly
acknowledge the detention of any CDLR supporter until August when it
sentenced nine remaining detainees to prison terms and executed another
(see Sections 1.a. and 1.d.).
The press is privately owned but publicly subsidized. 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 typically 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. However, the Saudi media coverage of the
November bombing of the National Guard headquarters was complete and
timely. The press reports most foreign news objectively unless it has
adverse implications for Saudi Arabia.
The authorities censor stories about the Kingdom in the foreign press.
Censors may remove or blacken the offending articles, glue pages
together, 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 as many as 300,000 satellite receiving dishes which provide
citizens with foreign broadcasts. The legal status of these devices is
ambiguous. The Government ordered a halt to their import in 1992--at
the request of religious leaders who objected to foreign programming
available on satellite channels. In March 1994, the Government banned
the sale, installation, and maintenance of dishes and supporting
devices, but the number of dishes continues to increase and residents
may legally subscribe to satellite decoding services that require a
dish.
The Government censors all forms of public artistic expression. The
authorities prohibit cinemas and public musical or theatrical
performances, except those that are strictly folkloric.
Academic freedom is restricted. The authorities prohibit the study of
evolution, Freud, Marx, Western music, and Western philosophy. Some
professors believe that government and conservative religious informers
monitor their classroom comments.
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. Rare exceptions occur.
Public meetings are segregated by sex. Unless meetings are sponsored by
diplomatic missions or approved by the appropriate governor, foreign
residents seeking to hold unsegregated meetings risk arrest and
deportation. The authorities monitor any large gathering of people,
especially of 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. In December seven Indian nationals were reportedly
arrested in the city of Jubayl for conducting Christmas services. They
were soon released after their embassy's intervention. An undetermined
number of Filipinos were arrested in Damman on the same charge.
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 1995 for apostasy, although one Saudi man--
by law a Muslim--was executed for practicing witchcraft.
Islamic practice is generally limited to that of the Wahhabi 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, are discouraged.
The Shi'a Muslim minority (500,000 of over 12 million citizens) 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 that the marchers do not display banners or engage in
self-flagellation. In June the Ashura commemorations in the Eastern
Province passed without incident.
The Government seldom permits private construction of Shi'ite mosques.
The Shi'a have declined government offers to build state-supported
mosques because Shi'ite motifs would be prohibited in them. One of the
60 members of the Majlis Ash-Shura is a Shi'a.
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, lashing, 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 women, who 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). Saudi
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 that possess letters of permission from their
employers.
Sponsors generally retain possession of the workers' passports. Foreign
workers must obtain permission from their sponsors to travel abroad. 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.
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. Of
the 35,000 Iraqi civilians and former prisoners of war allowed refuge in
Saudi Arabia at the end of the Gulf War, none has been granted permanent
asylum by the Saudis.
At year's end, 21,000 of the original 35,000 had been resettled in third
countries or voluntarily repatriated to Iraq. Most of the remaining
14,000 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 U.N. High
Commissioner for Refugees has monitored over 2,700 persons voluntarily
returning to Iraq from Rafha since December 1991 and found no evidence
of forcible repatriation of bona fide camp refugees. However, Iraqis
who have attempted to infiltrate the camp subsequent to December 1991,
who are not recognized as refugees by Saudi authorities, have been
turned back.
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.
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. This strictly advisory body began to hold sessions in
1994, but the Council has maintained a very low profile and 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. In theory, any male
citizen or foreign national may express an opinion or air a grievance at
a Majlis--an open-door meeting held by the King, a prince, or an
important national and local official. However, as governmental
functions have become more complex, time-consuming, and centralized,
public access to senior officials has become more restricted. 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 and Crown Prince Abdullah by ordinary citizens is difficult, in
part due to strict security measures. Ministers and district governors
more readily grant audience at a Majlis. Participation by women is
restricted, although some women seek redress through female members of
the royal family.
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 Committee for the Defense of Legitimate Rights was established in
1993 by six citizens. CDLR does not advocate internationally recognized
human rights but takes a rigidly Islamic fundamentalist approach.
Statements by CDLR supporters have advocated policies and actions that
are antiwomen and anti-Shi'a. Other statements, attributed to its
London-based spokesman, Muhammed Al Masari, have expressed the group's
"understanding" of the National Guard headquarters bombing (see Section
1.a.). After its establishment, the Government acted quickly to repress
CDLR (see Section 2.a.).
The Government does not permit visits by international human rights
groups or 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. Citations of
Saudi human rights abuses by international monitors or foreign
governments are routinely ignored or condemned by the Government as
assaults on Islam. Sharp criticism leveled by the Government of Turkey
over the execution in August of four Turkish citizens for smuggling
amphetamines prompted the Government to issue a strong defense of the
Shari'a legal code.
Section 5. Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Systematic discrimination based on sex and religion are built into Saudi
law. Saudi law forbids discrimination based on race, but not
nationality. The Government and private organizations cooperate in
providing services for the disabled. There are no indigenous linguistic
minorities in Saudi Arabia.
Women
Hospital workers report that many women are admitted for treatment of
injuries that apparently result from spousal violence. Some foreign
women married to Saudis have suffered physical abuse from the spouse or
father-in-law. 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. Embassies of countries with large
domestic servant populations maintain safehouses to which citizens may
flee from abusive employers. In August one such safehouse held 68
residents escaping work situations that included forced confinement,
withholding of food, beating and other physical abuse, and rape. Often
the abuse is at the hands of female Saudis. 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 courts'
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 which can assist these women.
By religious law and social custom, women have the right to own property
and are entitled to financial support from their husbands or male
relatives. However, women have few political and social rights and are
not treated as equal members of society. There are no active women's
rights groups, nor would one be tolerated by the Government. 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 in a vehicle driven by a male who is not an
employee or a close male relative. Women are not admitted to a hospital
for medical treatment without the consent of their male relative. By
law and custom, women may not undertake domestic and foreign travel
alone (see Section 2.d.).
In public women are expected to wear the abaya, a black garment covering
the entire body. A woman's head and face should also be covered. The
Mutawwa'in generally expect women from Arab countries, Asia, and Africa
to comply more fully with Saudi customs of dress than they do 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 polygamy for men, it is becoming less
common. Islamic law allows a husband four wives, provided that he
treats each wife equally. In practice, such equality is left to the
discretion of the husband. The Government places greater restrictions
on women than on men regarding marriage to non-Saudis and non-Muslims
(see Section 1.f.).
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 a specified age: 7
years for boys, 9 years for girls. Children over these ages are awarded
to the divorced husband or the deceased husband's family. 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 only if accompanied by a spouse or an immediate male relative.
Women comprise only 5 percent of the work force. Whereas salary and
other benefits are the main concerns for men seeking employment, for
women the primary goal is merely establishing some toehold in the
private or public sector. 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 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 by
telephone or facsimile machine. In July the Ministry of Commerce
announced that women would no longer be issued business licenses for
work in fields that might require them to supervise foreign workers,
interact with male clients, or deal on a regular basis with government
officials.
Children
The Government provides all Saudi children with free education and
medical care. Children are highly valued in society, and large families
are common. Children are not subject to the strict social segregation
faced by women, though they are segregated by sex in schools starting at
age 7. In more general social situations, boys are segregated at age
12, and girls at the onset of puberty. It is difficult to gauge the
prevalence of child abuse, since the Government keeps no statistics on
such cases and is disinclined to infringe on family privacy. Societal
abuse of children does not appear to be a major problem.
People with Disabilities
Traditionally, disabled individuals were secluded within the family, but
the provision of government social services has increasingly brought
them into the public domain. Public awareness and acceptance of the
disabled are growing. The press features articles lauding the public
accomplishments of disabled persons and sharply criticizing parents who
neglect disabled children. 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.
Religious Minorities
The Government is intolerant of the practice of any non-Islamic
religion. It also imposes restrictions on the Shi'a Muslim minority
(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 several 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, accusing them
of polytheism and apostasy--capital offenses punishable by beheading.
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
obtaining justice for their grievances.
Section 6 Worker Rights
a. The Right of Association
Government decrees prohibit the establishment of labor unions and any
strike activity.
Since July Saudi Arabia has been suspended from the U. S. Overseas
Private Investment Corporation (OPIC) insurance programs because of the
Government's lack of compliance with internationally recognized worker
rights standards.
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 and 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 or to drop claims against
their employers for unpaid salary. 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 (see Section 5). 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. Labor cases can take many months to reach a final ruling,
during which time the employer may prevent the foreign laborer from
leaving the country; alternatively, an employer may delay a case until a
worker's funds are exhausted and the worker is forced to leave the
country.
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-oriented 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.
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. 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.
Labor regulations require employers to protect most workers from job-
related hazards and disease. Foreign nationals report frequent failures
to enforce health and safety standards. Workers in family operated
businesses, farmers, herdsmen, and domestic servants are not covered by
these regulations.
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