|
Fahd bin Abdul Aziz
Sultan Bin Abdul Aziz
Naef Bin Abdul Aziz
Salman Bin Abdul Aziz
Ahmad Bin Abdul Aziz
| |
 U.S. Department of
State
1993 US State Department Report on Human Rights Violations by
Saudi Arabia
|
SAUDI ARABIA
Saudi Arabia is a monarchy without democratically elected institutions or
political parties. It is ruled by descendants of its founder, King
Abdulaziz Al Saud, known in the West as Ibn Saud, who unified the country
in the early part of the 20th century. The concept of separation of
religion and state is foreign to Saudi society and governance. The
legitimacy of the royal regime depends to a large degree on its perceived
adherence to the precepts of a puritanically conservative form of Islam.
There is no written constitution. The legal system is based on Islamic
religious law. Traditional practice calls for consensus in government,
internal social cohesion, respect for private property, and private
economic enterprise. Since the death of King Abdulaziz, the King and Crown
Prince have been chosen from among his sons, who themselves have had
preponderant influence in the choice. Legislative changes announced in
March 1992, however, granted the King the exclusive power to name the
Crown Prince. They also called for establishment of an appointed
Consultative Council (Majlis Ash-Shura) and for similar provincial
assemblies. A 60-member Council has been formed and was formally
inaugurated on December 29. Political parties are not permitted in Saudi
Arabia. Political expression that is unfavorable to the regime is
forbidden. There are no elected assemblies.
Police and border forces under the Interior Ministry are responsible for
internal security. Security personnel committed human rights abuses during
the year.
Massive oil revenues have transformed Saudi Arabia's centuries-old
pastoral, agricultural, and commercial economy. Agriculture accounts for
only about 5 percent of the gross domestic product. This transformation
has been marked by rapid urbanization, large-scale development of economic
and social infrastructure, the emergence of a welfare state and
technocratic middle class, and the importation of millions of foreign
workers for skilled and menial labor. It has also been marked by
widespread expenditure of public funds in ways that improved the quality
of life for most Saudis but have also enriched members of the royal family
and their associates. With some important exceptions, mainly the
hydrocarbon sector which accounted for one-third of the gross national
product and three-fourths of the government budget, the economy remains
largely in private hands.
Human rights continued to be pervasively abused. Principal human rights
problems include torture and other abuse of prisoners and incommunicado
detention; prohibitions or severe restrictions on the freedoms of speech
and press, peaceful assembly and association, and religion; the denial of
the right of citizens to change their government; and systematic
discrimination against women and ethnic and religious minorities and
suppression of workers' rights. The Mutawwa'in, Saudi Arabia's official
proctors of proper moral behavior, and other religious zealots acting as
vigilantes continued to harass and abuse Saudis and foreigners of both
sexes.
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 confirmed reports of political killings.
Relatives of a Saudi citizen under investigation in connection with a
bank robbery reported that he was tortured to death. According to one
human rights group, the suspect, Hussain Ali Al-Shuwaikhat, died while
in police custody on January 18. He reportedly died after being
transferred to a hospital near the Awamia western prison. The Government
did not acknowledge his death.
| b. Disappearance
There were no known disappearances. |
| c. Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment
As in 1992, there continued to be reports that Saudi authorities
tortured and abused detainees, both Saudi citizens and foreigners.
Abuse included the practice of fallaqa, beating the soles of the feet
to cause intense pain, and sleep deprivation. A foreign journalist was
arrested in a business dispute, subjected to fallaqa, and deported.
Allegations appeared in the international Arabic-language media in
August that detained members and sympathizers of the Committee for the
Defense of Legitimate Rights, which announced its formation in May,
were subjected to torture while in detention. In keeping with their
customary practice, Saudi officials made no comment on these
allegations.
Following a March 9 riot at the Rafha refugee camp in which eight
people were killed, including four Saudis, there were reports that
some refugees had been beaten during the investigation into the cause
of the riot. Responding to the United Nations High Commissioner for
Refugees (UNHCR), Saudi authorities promptly relieved the responsible
guards from duty at the camp, but there was no indication the guards
were otherwise reprimanded. The UNHCR reported that Saudi soldiers
responding to the riot did so with minimum force and that documented
cases of torture and abuse of refugees by Saudi guards had dropped
significantly.
Agents of the Interior Ministry were alleged to be responsible for
most incidents of torture. The Government's failure to punish human
rights abusers is a salient factor in the climate of impunity that
prevails. While it is general government practice not to respond to
reports of abuse, the Saudi Government has been responsive to
diplomatic inquiries in some specific cases. The Mutawwa'in sometimes
physically abused detainees while seeking to elicit confessions for
supposed social misconduct. They often used switchlike sticks to
harass those they perceived as violating religiously mandated
standards of behavior and sometimes hit or slapped persons for alleged
infractions of proper behavior. One of the 49 women who were arrested
in 1990 for driving cars to protest the ban on women driving
reportedly had the car in which she was riding run off the road in
June while returning from visiting friends and was detained by
Mutawwa'in. She was held for 3 days and beaten while in custody
because she had been at a family gathering in which men who were not
close relatives were present. In another instance, an American woman
and her Saudi female companion were picked up by the Mutawwa'in and
held incommunicado; the Saudi woman was struck by the Mutawwa'in and
injured herself in trying to run away. In most areas, Mutawwa'in are
seldom punished for such acts; so far as is known, none of those
involved in the instances cited were punished.
Representatives of the International Committee for the Red Cross (ICRC)
and the UNHCR both visited Saudi detention facilities where Iraqi
refugees were jailed in 1993. Officials from the UNHCR, officially
recognized by the Government in June, regularly visit detained
refugees in the Kingdom. Recognized international human rights
organizations like the UNHCR reported that the Saudi Government
improved conditions and treatment for some detainees in specific
cases.
The Saudis rigorously observe criminal punishments prescribed in their
interpretation of Islamic law, including execution by beheading and
stoning, and amputation for reported theft. In the absence of two
witnesses (four witnesses in the case of adultery), confessions before
a judge are almost always required for conviction--resulting in
credible charges that this induces many forced confessions. Defendants
are tried in closed chambers, without benefit of defense counsel being
present.
All 85 capital sentences in 1993 were carried out by beheading,
sometimes followed by gibetting, which was confirmed in two of the
cases. An Amnesty International report noted the increased number of
executions in Saudi Arabia in 1993, which government officials explain
is due to the rise in drug trafficking, a capital offense in the
Kingdom. Death by firing squad is imposed for capital sentences for
women instead of beheading. Repeated thievery is punishable by
amputation of the right hand as prescribed by Shari'a law. For less
severe crimes, such as drunkenness or publicly flouting Islamic
precepts, the Shari'a punishment of flogging with a cane is often
imposed. Egyptian Mikhail Cornelius Michail received 500 of the 1,000
lashes to which he was sentenced for blasphemy before being released
from prison and deported. |
| d. Arbitrary Arrest, Detention, or Exile
Saudi law prohibits arbitrary arrest. A person may be arrested and
charged with a crime or on the basis of an investigation of a crime.
When a person is arrested, the time of his arrest and the charges are
to be written in the police log book at the jail. Actual charges or
the charges being investigated are listed for every detainee.
Investigations often take weeks or months to complete.
Criminal procedure and the grounds for arrest have generally been
determined at the discretion of the arresting officer, which has led,
despite the law, to arbitrary arrest and detention. In October King
Fahd issued a decree providing for a new office of investigation and
public prosecution. According to its provisions, the public prosecutor
is to receive all evidence and investigate all alleged criminal
activity prior to any decision to prosecute, thereby assuming the
limited prosecutorial powers currently enjoyed by a number of
agencies. Despite regulations issued by the Ministry of Interior in
1985 to eliminate lengthy pretrial detention without charge, prisoners
have been held for long periods before they are charged or released.
The Mutawwa'in sometimes exceeded their legal mandate by detaining
suspects for periods exceeding 24 hours before turning them over to
the civil authorities. Most arrestees have been held no longer than 3
days before being formally charged.
In one of many reported cases, a Filipino man was held in prison for 4
years before he was released without charge. The paperwork concerning
his arrest had been misplaced by the arresting officer. Forty Shi'a
were held since 1988 without charge in prison near Riyadh; several
sources have confirmed that all were released in July. Saudi law makes
no provision for bail or habeas corpus; prisoners are, however,
sometimes released on the recognizance of a patron or employer.
There is no automatic procedure for contacting a detainee's family or
employer when an arrest occurs. In cases involving foreigners,
however, Saudi authorities, if asked, usually confirm an arrest
promptly. Embassies usually hear about arrests of their nationals
through informal channels; notification often comes after the arrested
person has already been deported. A formal diplomatic note is required
before consular officials may visit prisoners.
Human rights groups from outside Saudi Arabia continued in 1993 to
report cases of long-term incommunicado detention of political
prisoners. Problems may arise particularly when persons are arrested
by the General Intelligence Directorate (GID), the Ministry of
Interior's security service, commonly called the "Mubahith"
or investigative police. The GID regularly holds prisoners
incommunicado during the initial phase of an investigation, which may
last weeks or months. It has held at least four suspects incommunicado
in Jeddah since February 1991 while investigating their suspected
connection with a terrorist incident against U.S. soldiers during the
Gulf war and has denied relatives permission to visit the prisoners.
The Government does not use exile as a form of punishment. |
| e. Denial of Fair Public Trial
The judicial system is based on Islamic jurisprudence (the Shari'a).
Regular Shari'a courts exercise jurisdiction over common criminal
cases and civil suits regarding marriage, divorce, child custody, and
inheritance of real or personal property. In Saudi courts, the
defendant appears before a judge who determines guilt or innocence in
accordance with Shari'a standards and, if warranted, imposes sentence.
Although Saudi law requires that trials be public, almost all trials
are closed and are held without legal counsel present. The advice of
lawyers is available before trial, and lawyers may act as court
interpreters for those unfamiliar with Arabic. However, trials occur
in which the defendant does not understand Arabic and does not have a
translator. Sentencing is not uniform and may vary according to the
nationality of the defendant. Iraqi refugees and third-country
nationals regularly receive longer sentences for the same offense than
do Saudi citizens. A sentence may be changed at any stage of review.
Appeals against judges' decisions are automatically reviewed by the
Justice Ministry or, in more serious cases, by the Court of Cassation
and the Supreme Judicial Council to ensure that court procedures were
correct and that judges applied appropriate legal principles and
punishments. Cases involving capital punishment must also be reviewed
by the King. The Shi'a community is permitted to adjudicate
exclusively non criminal intra-Shi'a disputes according to their own
legal tradition.
Although the independence of the judiciary is prescribed by law,
jurists are nevertheless aware of, and reportedly have on occasion
acceded to, the power and influence of royal family members and their
associates. At the provincial level, governors have reportedly
threatened, and even detained, judges with whom they disagreed. In one
reported case, for example, a domestic servant from another country
was raped repeatedly by her employer, who videotaped and photographed
the act. Despite the graphic evidence, the employer, a prominent
doctor, was not prosecuted because of his connections with government
officials. The servant was charged with prostitution and deported.
Members of the royal family and of other powerful families are not
subject to the same legal constraints as other Saudis. Judges do not,
for example, have the power to issue a warrant summoning any member of
the royal family.
The Justice Ministry is responsible for the appointment, transfer, and
promotion of judges. Judges may be disciplined or removed only by the
Supreme Judicial Council, a body of senior jurists, or by royal
decree.
The military justice system has jurisdiction over uniformed personnel
and civilian government employees charged with violations of military
regulations. Court-martial decisions are reviewed by the Minister of
Defense and Aviation and the King.
Under Shari'a law as applied in Saudi Arabia, crimes directed against
Muslims receive harsher penalties than those against non-Muslims. In
the case of accidental death, the amount of indemnity or "blood
money" paid to relatives varies with the religion and sex of the
victim.
The number of political prisoners being held at year's end was unknown
owing to the Government's policy of not providing data or responding
to inquiries about such persons, conducting closed trials, and
detaining persons incommunicado for long periods while under
investigation. (See Section 1.d. concerning the release of Shi'a
"political" prisoners.) |
| 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, and legislative
changes announced in March 1992 included provisions calling for the
Government to maintain the sanctity of the home from unlawful
incursions. However, Saudi religious police (Mutawwa'in) continued to
enter homes to search for evidence of un-Islamic behavior and to
harass and abuse perceived transgressors. Saudi police must generally
demonstrate reasonable cause and obtain permission from the Provincial
Governor before searching a private home, but warrants are not
required.
Saudi customs officials routinely open mail coming into the Kingdom to
look for forbidden items, including material deemed pornographic and
non-Muslim religious material. Materials deemed offensive are seized.
Wiretaps and mail surveillance may be carried out on the authority of
officials of the Interior Ministry or the GID. To buttress claims that
the Government had incriminating evidence against Mohamed Al-Masari of
the Committee for the Defense of Legitimate Rights, one high-ranking
government official reportedly made reference to and played tapes made
of Al-Masari's telephone conversations with foreign media journalists
and human rights organizations. Informants are reliably reported to be
regularly used for internal security matters.
Most social and Islamic religious norms and strictures affecting
personal life are matters of law and are enforced by the Government.
Saudi women may not marry non-Saudis without government permission,
which is rarely given. According to Islamic strictures, Saudi women
are prohibited from marrying any non-Muslim, while Saudi men may marry
Christians and Jews. Saudi men must obtain approval to marry women
originally from countries other than the six members of the Gulf
Cooperation Council (GCC). During Ramadan, the Islamic month of
fasting and abstinence, the prohibition against public eating,
drinking, or smoking during daylight hours is enforced on Muslims and
non-Muslims alike. Prohibitions against alcohol, pork products, and
material deemed pornographic are strictly enforced and apply as well
to foreign residents.
Both Saudis and foreigners were targets of harassment by members of
the Mutawwa'in or by religious zealots acting as vigilantes. The
Mutawwa'in sought to enforce their increasingly strict standards of
social behavior, from observance of prayer time closings of commercial
establishments to appropriate dress in public and patronage of
videotape rental shops. In August cassette tape stores in Riyadh were
closed for 3 weeks due to pressure from the Mutawwa'in. Cassette tape
sections in variety stores, however, remained open.
In addition to the Mutawwa'in harassment of non-Muslims attempting to
conduct religious services (see Section 2.c.), the number and
seriousness of incidents in which Saudi and foreign women were
harassed, rose still further in 1993. Women were most often harassed
for failure to observe Mutawwa'in-enforced dress codes and for being
in the company of males who are not close relatives. Since December
1992, 48 incidents involving the Mutawwa'in were reported by American
citizens. Such abuses have become so common that most incidents are
not
even reported to the authorities.
In some cases, the Mutawwa'in or their sympathizers took unilateral
action against individuals without the knowledge of the civil police.
The U.S. Government protested to the Saudi Government the instances
involving American citizens; the Saudi Government took no action in
most areas to prevent recurrences and did not issue specific guidance
for dress that would preclude Mutawwa'in harassment. In several of the
cases involving Westerners, the authorities justified Mutawwa'in
action by claiming there was credible evidence of transgressions of
Saudi law involving alcohol or drugs.
Government reforms announced in July created a Ministry of Islamic
Affairs; the Mutawwa'in have been incorporated into this Ministry and
will be under its supervision. |
Section 2. Respect for Civil Liberties, Including:
| a. Freedom of Speech and Press
Freedom of speech and press is severely limited by law (Article 39 of
the Basic Law) and in practice. Criticism of Islam, the ruling family,
or the Government is not allowed. The potential presence of informers
renders criticism of the regime rare.
In May a group of six Saudis, including some signers of earlier
petitions, announced the formation of the Committee for the Defense of
Legitimate Rights (CDLR). Although the organizers described their
group as a human rights organization, they also expressed concern that
the Government was not adhering closely enough to Islamic precepts.
When the CDLR criticized the Government in the international press,
several of its members, including the son of one of the founding
members, Mohamed Bin Abdullah Al-Masari, were detained. The Government
dismissed all six of the CDLR founders from their government jobs. The
CDLR was denounced by the Senior Council of Ulema for overstepping the
bounds of legitimate Islamic behavior and expression. One of the six
signers withdrew from the Committee. In August a group of 38
professors was detained for a period of several weeks because of their
public efforts to obtain the release of Al-Masari. He was released
from custody in November.
Since 1991 clandestine audio tapes and petitions signed by dozens of
religious figures calling for closer government adherence to Islam
have been circulated widely through informal channels. King Fahd, in a
public speech in December 1992, stressed the right of all Saudis to
approach senior officials directly to offer advice but criticized the
authors of the petitions for what he called their improper use of the
pulpit.
The press is privately owned. It is effectively controlled by a 1982
media policy statement and a 1965 national security law which
expressly prohibits the dissemination of public criticism of the
Government in any print or broadcast medium. The media policy
statement enjoins the press to uphold Islam, oppose atheism, promote
Arab interests, and preserve the cultural heritage of Saudi Arabia.
Editors in chief are appointed with the explicit approval of the
Ministry of Information, and the Government has the power to have them
removed. Newspapers receive guidelines issued by the Information
Ministry on government positions on sensitive issues, and the
government-owned Saudi Press Agency (SPA) expresses the official
viewpoint on such issues.
In 1993 a newspaper editor was fired and later reinstated for an
editorial lauding the King's position on opposing Islamic extremism.
The editorial was said to be too strident in its criticism of Islamic
extremism. The editor in chief of another newspaper was transferred to
another position, and one of his editors was deported because of a
comic strip to which religious authorities objected.
Domestic news concerning sensitive subjects, such as crime or
terrorism, is often published only after the perpetrators have been
arrested, convicted, and sentenced. Most foreign news that does not
directly concern Saudi Arabia is presented objectively. Foreign press
access to Saudi Arabia is tightly restricted.
Saudi television and radio are state owned and operated. Foreign
programs and songs are heavily censored, with references to politics,
religions other than Islam, pork or pigs, alcohol, or sexual innuendo
removed. In 1993 a television producer was fired for allowing a scene
to be shown on Saudi television in which a man kissed a woman on the
cheek. Although foreign news is generally presented on television and
radio in an objective manner, news about subjects affecting Saudi
Arabia is tightly controlled, and conflicting viewpoints are usually
not offered.
There are an estimated 100,000 to 200,000 private satellite dishes
operating in the Kingdom which receive foreign broadcasts. Despite
widespread installation of satellite dishes, the status of these
devices remains ambiguous. Importation and sale of the dishes were
resumed after their prohibition in the summer of 1992 at the behest of
religious leaders who objected to television programming available on
satellite channels. Mutawwa'in were reported to have damaged satellite
dishes on private residences with air rifles and sling shots to
prevent their use.
Foreign publications circulate but may be censored for materials
deemed immoral or critical of Saudi policies and actions. Entire
publications are sometimes withheld from distribution. In 1993 the
issues of the International Herald Tribune containing articles from
U.S. newspapers critical of the Saudi Government's economic policies,
as well as issues of another newspaper that discussed the articles,
were not distributed in Saudi Arabia.
Academic freedom is also constrained; for example, the study of
evolution, Freud, Marx, and Western philosophy is proscribed. Some
professors believe that classroom comments that could be taken as anti
regime will be reported to the authorities. There continues to be an
injunction against the study of music in educational institutions
through the university level. There are, however, some private
organizations for the study of Western classical music.
Artistic activities in schools and universities and in society in
general continue to be limited and subjected to arbitrary closure.
There are a few private art galleries, principally in Jeddah and
Dhahran. Abstract and representational artists as well as
photographers in general are allowed to work. However, in 1993 an
exhibit of photographs prepared by a Saudi woman and sponsored by the
French Embassy was closed hours before the opening, allegedly because
the invitation card depicted the image of a woman, although she was
completely veiled. Cinemas and public musical or theatrical
performances, other than those that are strictly folkloric, are
prohibited. |
| b. Freedom of Peaceful Assembly and Association
These rights are strictly limited. The Government prohibits public
demonstrations as a means of political expression or presenting
grievances. Tribal, familial, and economic interest groups informally
aggregate public opinion, which their leaders express to high
officials. Political parties are prohibited (see Section 3), but
nonpolitical clubs and professional groups may be organized with the
permission of the authorities. The few existing professional groups
are permitted to maintain contacts with their recognized international
counterparts. Public meetings are segregated by sex. Foreign members
of groups seeking to hold unsegregated meetings risk arrest,
incarceration, and deportation unless these meetings are sponsored by
diplomatic missions.
A children's winter concert at the Yanbu International School attended
by 200 people was raided by four Mutawwa'in and two policemen. The
intruders grabbed children performing in the concert and pulled them
from the stage. The Mutawwa'in tried to confiscate cameras and video
equipment from members of the audience. U.S. and British officials
formally protested the matter with senior Saudi officials, who
reported that the incident was being given high-level attention and
that an official investigation was being conducted. The officials gave
assurances that the matter was taken very seriously by the Government
and that such an incident would not recur. On December 30, the
Ministry of Foreign Affairs in a diplomatic note stated that the
Government neither approves nor agrees with this behavior by members
of the (Mutawwa'in) organization and that the necessary measures have
been taken to ensure that what they have done will not be repeated in
the future. |
| c. Freedom of Religion
Freedom of religion does not exist. Islam is the official religion,
and all Saudi citizens must be Muslims. An injunction against the
practice of other religions in Arabia, attributed to the Prophet
Mohammed, is enforced in the Kingdom. Public apostasy is a crime under
Shari'a law, punishable by death. There were no executions in 1993 for
the crime of apostasy.
Islamic practice in Saudi Arabia is generally limited to that
sanctioned by the Wahhabi sect's interpretation of the Hanbali
jurisprudential school of Islam. Practices contrary to this
interpretation, such as the visiting of graves of famous Muslims by
pilgrims to Mecca or Medina or public Shi'a prayer practices, are
discouraged.
The Shi'a Muslims, mostly in the Eastern Province, usually estimated
at up to 500,000 persons, constitute a religious minority subject to
officially sanctioned forms of social and economic discrimination (see
Section 5). Historically, the Government has prohibited Shi'a public
processions during the Islamic month of Muharram and restricted public
processions and congregations to specially designated areas within
major Shi'a cities. However, since 1990, authorities have permitted
marches on the Shi'a holiday of Ashura, provided they take place
without banners or public self-flagellation. King Fahd has quietly
invited dissident Shi'a residents abroad to return to the Kingdom
without regard for their past political activities. A number of Shi'a
dissidents, including some who had spent many years abroad, have
returned.
The Government occasionally offers to provide financial support for
the Shi'a religious establishment, which is generally refused. The
Government seldom permits private construction of Shi'a mosques, and
the Shi'a have refused government offers to build state-supported
mosques, in which Shi'a motifs would be prohibited.
Public or private non-Muslim religious activities are not permitted.
Persons wearing non-Islamic religious symbols in public may be
arrested or publicly harassed by the Mutawwa'in. There are no public
non-Muslim places of worship, and non-Muslim foreign nationals must
practice their religions in secret.
Proselytizing, large gatherings, or elaborate organizational
structures are likely to attract official attention and lead to the
imprisonment or expulsion of those involved. Following the destruction
of the Babri mosque in India in December 1992, many Hindus working for
the Government were fired from their jobs and deported. In May the
home of an American woman and her Filipino husband was raided by the
Mutawwa'in, who acted without a search warrant, after they were
reported to be hosting a clandestine prayer group in their home. The
man was arrested and held in jail without being formally charged until
his deportation in November. |
| d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Travel for women, Saudi and non-Saudi, is restricted; they must obtain
written permission from their closest male relative before being
allowed to travel on public transportation between different parts of
the country or to leave the country. Male Saudis may travel freely
within the country. A regulation promulgated in 1990 requires most
single Saudi men under the age of 18 to obtain permission before
traveling abroad; such permission may be easily obtained. In the case
of government officials, the permission of the royal court is required
but appears to be routinely granted.
All foreigners living in Saudi Arabia are required to carry
identification cards. Officially, foreigners are not permitted to
travel outside the city of their employment or change their workplace
without their sponsor's permission. Officials at internal checkpoints
within the Kingdom enforce travel restrictions on foreigners, checking
for letters of permission from employers.
Foreign employees are prevented from traveling abroad without their
sponsor's permission, since sponsors generally hold their passports
and are responsible for obtaining exit visas for them. Foreign
diplomats are ordered by the Government not to travel outside the
major cities without notifying the Government, but this order is
rarely enforced. Foreigners involved in commercial disputes are
sometimes not allowed to leave the country until the dispute has been
resolved. Some sponsors have taken advantage of this arrangement to
exert pressure to resolve commercial disputes in their favor.
Occasionally, Saudi sponsors or business partners have been able to
prevent foreign nationals from departing Saudi Arabia for years or to
have them arrested or deported. In criminal cases, Saudi regulations
require that the passports of all potential suspects and witnesses be
seized, which sometimes forces foreign nationals to remain in Saudi
Arabia for lengthy periods against their will. Denial of exit visas is
a fairly common form of punishment, and passports of suspected
subversives have occasionally been seized. Shi'a believed to have
pro-Iranian sympathies may be prevented from traveling abroad.
Saudis are permitted to emigrate, but those who assume foreign
nationalities come into conflict with Saudi law, which prohibits dual
citizenship. Citizens do not have the right to relinquish their Saudi
citizenship. Saudis born in the United States who have U.S. passports
may have their U.S. passports confiscated by Saudi immigration
authorities.
There is no explicit formal policy regarding refugees or the granting
of asylum. Refugees and displaced persons are often dealt with like
other foreign workers who must meet strictly enforced requirements of
sponsorship and employment or risk being turned back at the border.
Saudi authorities are responsive, however, in some cases where
deportation of refugees to their home country would jeopardize their
safety.
In the aftermath of the Gulf war, 22,000 Iraqi citizens, primarily
Shi'a, fled Iraq and were granted refuge in camps in Saudi Arabia near
the city of Rafha. Similarly, 13,000 Iraqi deserters declined
repatriation to Iraq and were housed in the Kingdom under government
custody near the city of Artawiyah. In December 1992, the refugee camp
at Artawiyah was consolidated with the camp at Rafha. The decision to
close the Artawiyah camp, scene of earlier human rights problems, was
in part a response to advice from the UNHCR. The approximately 25,000
Iraqi refugees remaining in Saudi Arabia are, with a few exceptions,
restricted to the refugee camp. (See Section 1.c. on the March riot.)
Saudi officials have worked with international humanitarian
organizations to provide care for these Iraqis but have stressed that
Islamic principles rather than international humanitarian law are the
basis for this policy. In January the U.N. High Commissioner for
Refugees, Sadako Ogata, paid an official visit to Saudi Arabia, and
the UNHCR office in the Kingdom received official status in June.
UNHCR officials have been informed that a few Somali refugees are on
one of the Farasan Islands but have not been asked to provide
assistance and have not been able to visit these refugees. |
Section 3. Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens cannot change their government peacefully. There are no formal
democratic institutions, and only a few Saudi citizens have a voice in the
choice of leaders or in changing the political system. The King rules the
country in matters civil and religious, within limits established by
religious law, tradition, and the need to maintain consensus among the
ruling family and religious leaders. The King's legitimacy is based upon
his adherence to the tenets of Islam, his descent, his selection by
consensus of the royal family, his ability to govern, and his perceived
concern for the welfare of the nation. The King is also the Prime
Minister, and the Crown Prince serves as deputy Prime Minister. The King
appoints all other ministers, who in turn appoint subordinate officials
with Cabinet concurrence. Ministers may retire only with the King's
permission. In August the King announced that Cabinet ministers would have
4-year terms, with the possibility of reappointment.
In 1992 King Fahd announced the formation of a Consultative Council, or
Majlis Ash-Shura, which is to be an advisory body to the King and the
Council of Ministers. In August the King announced a constitution for the
Majlis Ash-Shura and the names of the 60 Majlis Ash-Shura members. The
Majlis was formally inaugurated on December 29. In September the King
announced rules and regulations for the provincial assemblies and their
memberships.
There are no popularly elected officials in Saudi Arabia. Political
parties are not permitted, and there are no publicly organized opposition
groups.
Traditionally, public opinion has been expressed through client-patron
relationships and affinity groups such as tribes, families, and
professional hierarchies. The open-door audience (majlis) remains the
primary forum for expression of opinion or grievance. Any male citizen or
male foreign national may attend these sessions held by the King, princes,
or important national and local officials. Occasionally, women without
male relatives present petitions in some majlis sessions. Since the
assassination of King Faisal in 1975, Saudi kings have reduced the
frequency of their personal contacts with the public. Access to King Fahd,
to whom decisions even on some apparently minor matters are referred, is
considered by ordinary Saudis to be quite 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. As governmental functions have
become increasingly complex, time consuming, and centralized in Riyadh,
direct public access to senior officials has become more difficult. Either
the King or the Crown Prince meets with Sunni religious officials at least
once a week. This institutionalized but indirect means of ascertaining
public opinion through consultation falls short of internationally
accepted democratic practice.
Participation by women in the process is severely restricted, although
there are reports that women may seek redress through female members of
the royal family.
Section 4. Governmental Attitude Regarding International
and Nongovernmental Investigation of Alleged Violations of Human Rights
There are no human rights groups in the usual sense publicly active in
Saudi Arabia, and none critical of Saudi policies would be permitted. In
May a group of six Saudis, including some signers of earlier petitions,
announced the formation of the Committee for the Defense of Legitimate
Rights (CDLR). When the CDLR criticized the Government in the
international press, the Government took a number of punitive actions,
closing the group's office and detaining several of its members, including
the son of one of the founding members, Mohamed Bin Abdullah Al-Masari,
who was released in November.
Some U.N. agencies concerned with humanitarian issues, including the UNHCR,
maintain offices in Saudi Arabia and have regular contact with Saudi
authorities. The Saudis have generally facilitated the work of the ICRC
and UNHCR with Iraqi deserters, refugees, and displaced persons from the
Gulf war. Cooperation between the UNHCR and the Saudi Government has
expanded, with a corresponding improvement in the living conditions for
Iraqi refugees living in Saudi camps. This cooperation is based on a June
22 memorandum of understanding between the UNHCR and the Saudi Government.
Saudi Arabia has not signed major human rights treaties and conventions.
Section
5. Discrimination Based on Race, Sex, Religion, Disability, Language, or
Social Status
Women
The lives of women in Saudi Arabia are rigidly circumscribed. They have
few political and social rights and are not equal members of society.
Violence against women is known to occur in Saudi Arabia. Although the
Government does not keep statistics on such abuse, hospital workers report
that it is not uncommon that women are admitted for treatment of injuries
that appear to be the result of domestic violence. "Islamic
advice" columns in the Saudi press sometimes recommend the
"strict disciplining" of women, which is understood to encompass
some degree of physical force, as part of a proper marriage.
Foreign embassies receive frequent reports of the physical and sexual
abuse of female domestics by Saudi employers. The Government, in general,
considers cases involving domestic servants to be private family matters
and will not intervene unless clear-cut charges of severe abuse are
brought to its attention. It is almost impossible for abused 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 abused women could turn for assistance.
In 1993 women experienced an increased number of restrictions on their
public activities. Many restaurants closed their family sections or
refused to serve women unaccompanied by a male relative. Some restaurant
managers who attempted to ignore this restriction were arrested and
detained by the Mutawwa'in. In public, Muslim women are required to wear
the abaya, headscarf, and face veil (lightweight, black garments covering
the entire body, head, and face). Saudi authorities have repeatedly said
that non-Muslim women need not wear the abaya and headscarf, but should
maintain decorum and modesty in appearance. However, the Mutawwa'in have
increasingly tried to force all foreign women to wear the abaya and cover
their hair.
Women, including foreign women, may not legally drive motor vehicles or
ride bicycles. Women are restricted to specially designated sections in
the rear of urban buses with separate entrances. Of the 49 women who were
arrested in 1990 for driving cars to protest the ban on female drivers,
all have had their passports returned and received compensation for some
of the wages lost while in disfavor. Most have returned to work, although
some continue to be harassed by the Mutawwa'in (see Section 1.c.).
In addition to customary and legal restrictions, Saudi women are subject
to discrimination inherent in the Islamic legal system. Under Islamic law,
a daughter's share of an inheritance is half that of her brother's, under
the presumption that the brother has financial obligations to his mother
and sisters. Women must demonstrate legally specified grounds for divorce,
but men may divorce without grounds. If divorced or widowed, a woman
normally may keep her children until they attain the age of 7, but then
they revert to the husband's family, to which they belong under Islamic
law. Foreign women married to Saudis have frequently been barred from
visiting their children after divorce.
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,
especially in cities and among younger Saudis. Islamic legal precepts
limit the number of wives to four and require a husband who has more than
one wife to treat each of his wives equally. In practice, this norm is not
always achieved.
Employment opportunities for Saudi women are extremely limited. This fact,
along with the ease of divorce for males, creates a situation of great
economic vulnerability and a sense of insecurity for many women.
Insecurity is reported to be greatest among married women who fear their
lack of legal protection if their husbands decide to divorce them. Some
women join together to form clandestine savings clubs as insurance against
the possibility of divorce. The younger generation of educated Saudis, men
and women, tend to express a greater interest in having women work, and
the number of employed women in Riyadh has increased in the last few
years. However, there is evidence that the influence of religious
extremists has increased in various government institutions and that
female employees are increasingly segregated and subjected to various
forms of harassment. Women remain excluded from the vast majority of
occupations.
Free, but segregated, education through the university level is available
to Saudi women. Women constitute 55 percent of all university graduates
but are excluded from studying certain subjects such as engineering,
journalism, and architecture. Saudi men are able to study overseas; Saudi
women generally can do so only if accompanied by a spouse or an immediate
male relative. Despite the high percentage of university graduates, women
make up only 5 percent of the work force. In practice, most employment
opportunities are in the field of education, with some available in health
care and a relative few in business, philanthropy, banking, retail sales,
and the media. Women wishing to enter nontraditional fields are subject to
arbitrary discrimination. In August the Ministry of Commerce announced
that it had stopped issuing licenses to women and students who wished to
undertake maintenance, contracting, or janitorial services. When asked for
clarification, a Ministry official said the ban would be temporary.
Children
The Government provides all Saudi children with free education and medical
care. Reports of societal abuse directed against children are rare, except
for the practice of female circumcision which is thought to persist among
African nationals, especially in the southwestern Tihama region.
National/Racial/Ethnic Minorities
Although racial discrimination is illegal in Saudi Arabia, substantial
societal prejudice based on ethnic or national origin exists. Foreign
workers from Africa and Asia are subject to various forms of informal
discrimination and have difficulty in attempting to enforce their rights
under Saudi law. In 1993 there continued to be credible reports of
informal discrimination, including wage discrimination, against
Jordanians, Palestinians, and Yemenis, primarily because of positions
their governments or the Palestine Liberation Organization took in the
Gulf crisis.
Religious Minorities
Saudi Shi'a, in addition to being subject to stringent religious
repression (see Section 2.c.), also face discrimination in government and
industrial employment, especially in jobs with national security
implications, broadly defined. Employment restrictions at Aramco,
traditionally an important employer for the Shi'a, were imposed on them
several years ago and have not been relaxed. Shi'a also face limitations
on their 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. Among 60
members appointed to the Consultative Council in August, only 1 was a
Shi'a.
People with Disabilities
The Saudi Government and charitable organizations cooperate to provide
education, employment opportunities, and other needed services for the
disabled. While there is no legislation or otherwise mandated provision of
accessibility for the disabled, new construction for public and business
uses often includes access for them.
Section 6 Worker Rights
| a. The Right of Association
Government decrees prohibit the formation of labor unions and strike
activity, and there have been no attempts to defy these restrictions. |
| b. The Right to Organize and Bargain Collectively
Collective bargaining is forbidden, and there are no special economic
zones in the country. Foreign workers comprise approximately half of
the work force. Wages are set by the employers on the basis of market
factors. |
| c. Prohibition of Forced or Compulsory Labor
Forced labor has been prohibited since 1962 by a royal decree that
abolished slavery, and Saudi ratification of International Labor
Organization (ILO) Conventions 29 and 105 have the force of law.
Nonetheless, vestiges of the master-slave relationship remain; a great
number of former slaves chose to remain in the princely households
where many now enjoy a quasi-familial status as household
supernumeraries. Additionally, since employers generally exercise
control over the movements of foreign employees, situations that could
be described as forced labor can occur, especially in remote areas
where workers are unable to leave their place of employment. Diplomats
desiring to visit work sites to check on the welfare and conditions of
citizens of their countries were sometimes denied access. There also
have been reports that female domestic workers sometimes have been
prevented from leaving the homes of their employers and forced to work
12 to 16 hours a day, 7 days a week. Maids who run away from their
employers are often returned to the employers by Saudi authorities
against the maids' wishes. In addition, there have been reports of
workers whose employers refused to pay several months or even years of
accumulated salary or other promised benefits. Domestic workers, i.e.,
maids and family drivers, are not covered under Saudi labor law.
However, non domestic workers have recourse to the labor courts.
Foreign workers have reported, however, considerable difficulty in
attempting to enforce their rights under Saudi law. |
| d. Minimum Age for Employment of Children
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, since
they are not covered by Saudi Arabia's labor regulations. In other
cases, the labor regulations provide for a minimum age of 13, which
may be waived by the Labor Ministry with the consent of the juvenile's
guardian. Children aged 13 to 18 are prohibited from working more than
6 hours per day. 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 Justice Ministry 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. A provision providing for the Council
of Ministers to set a minimum wage has not been implemented. Saudi
labor regulations establish a standard 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 on Fridays, although the employer may grant it on
another day.
There continue to be numerous reports of foreign nationals coming to
Saudi Arabia on promises by private contractors of a certain level of
pay and benefits, only to find that the contract they sign upon
arrival specifies lower levels of both. Other reports suggest that
some workers sign contracts in their home countries and are then asked
to sign ones less favorable to them upon arrival. Reliable reports
indicate that the length of service called for in the original
contract is sometimes increased upon arrival by as much as 3 years and
that employees reaching the end of their term of service in a contract
have been refused permission to return home by their employer,
effectively extending the workers' term of employment involuntarily.
There are reports as well of workers who are indentured to Saudi
sponsors for a set amount each month and who must then find their own
employment upon arrival in the Kingdom. To solve these problems, some
foreign governments have begun utilizing employment organizations that
negotiate salary and benefits in advance for their nationals. These
organizations periodically check on the results of their efforts
through their embassies and the Saudi labor courts.
Occupational health and safety standards are outlined in the Kingdom's
Labor Law. In general, the law requires employers to protect
"workmen from hazards and diseases" in the workplace. The
Labor Ministry enforces these standards more effectively against large
enterprises due to their higher profile and to limited Ministry
resources. The law does not apply to enterprises with fewer than five
employees, family businesses, and domestic employees. The Labor Law
allows employees to remove themselves from situations that endanger
their
health or safety without jeopardy to their continued employment,
provided the employer has been notified of the dangerous conditions
and has not taken corrective action. Labor law protects workers
reporting health and safety violations from reprisal by their
employers, but there have been instances of sanctions against foreign
workers making such complaints. |
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