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
1995 US State Department Report on Human Rights Violations by
Saudi Arabia
|
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. 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 non criminal 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 anti women
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 safe houses to which citizens may flee from abusive
employers. In August one such safe house 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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