Saudi Arabia

Overall, the Saudi Arabian government’s approach to human rights, led by the king, has been to continue making incremental improvements, while recognising the tensions between reform and tradition in this inherently conservative kingdom.

Despite encouraging signs of improvement and some notable announcements by the Saudi Arabian government in 2011, the human rights situation in Saudi Arabia remains of concern. On a positive note, the policing response to protests and demonstrations in the Eastern Province from the Shia community voicing their aspirations for greater economic, social and political equality, and calling for the release of Shia prisoners and the return of Saudi forces from Bahrain appears to have been proportionate. However, a revised media law was introduced, placing further restrictions on criticism of religious and government figures, and there was an alarming rise in the number of executions. While judicial reform has continued to be a priority for the Saudi Arabian government, the length of detentions without trial remains a concern. A leaked copy of a draft counter-terrorism law suggested a move toward clamping down on dissent as well as terrorist activity, and a further shifting of power from the judiciary to the Ministry of Interior – our understanding is that this draft has since been substantially amended.

Women’s rights featured prominently. King Abdullah announced that women would be allowed to vote and stand in the next elections and he stated his intention to appoint women to the Shura Council in 2013. In addition, the king announced a number of measures to increase the employment of women. We note that the “Riyadh Declaration”, issued at the end of the December Gulf Cooperation Council Summit (GCC), stressed, among other points, the need to speed up the process of development and comprehensive reform in GCC countries so as to achieve greater participation of all citizens, men and women. There was a renewed interest in the issue of women driving in the summer, supported by social network campaigns, although there has been no move by the government to encourage its social acceptability.

In 2011, our goals included taking every opportunity to raise our priority issues of women’s rights, the death penalty, the rights of foreign workers, and judicial reform; gaining acceptance of our right to raise specific concerns either bilaterally or with partners; encouraging the Ministry of Rural and Municipal Affairs to proceed with plans for municipal elections and pressing for women’s participation; working with the National Family Safety Programme in support of its campaign in schools on children’s rights; and supporting the Shura Council in their wish to learn more about parliamentary oversight procedures.

Our strategy remains to work with Saudi society, advocating reform within the existing constitutional framework, to build support for full application of human rights standards. In 2011, this involved organising visits and meetings with key Saudi Arabian interlocutors to deepen mutual understanding on human rights issues. The Foreign Secretary, Minister for the Middle East Alistair Burt, and our Ambassador engaged in dialogue with Saudi Arabian ministers, officials and human rights organisations to raise our concerns and understand Saudi perceptions of the issues and the pace of change. We welcomed the positive announcements on women’s rights and the Shura Council’s decision to recommend a minimum age of 17 for marriage, following a campaign supported by the UK for greater children’s rights. Our objective of increasing understanding of parliamentary oversight was met by exchange visits to the UK and Saudi Arabia by members of the Shura Council and the UK All-Party Parliamentary Group for Saudi Arabia, which the UK Government facilitated.

Looking ahead to 2012, we expect further demonstrations during the course of the year. The internal debate in Saudi Arabia regarding women’s rights is also likely to continue, including issues such as the right to drive and greater equality in the workplace and wider society. We expect the Saudi justice system to move towards greater transparency and openness, particularly in corporate law.

Elections
The second local council elections were held in Saudi Arabia in September, closely followed by the king’s decree on women’s participation next time around in 2015. While these elections were a further step forward in improving the participation of Saudi citizens in governance issues, moving beyond extensive traditional methods of consultation including majlis-style meetings conducted by senior Saudis, turnout was extremely low. Of the 7% who registered to vote, only 25% actually voted, which was significantly lower than in 2005. It is likely that one of the key issues is the limited powers of the councils, a question which needs to be addressed with as much focus as the broadening of the franchise. We understand that draft legislation on this issue is currently under consideration in the Shura Council. The UK will continue to encourage further progress.

Freedom of expression and assembly
All public demonstrations are illegal in Saudi Arabia. In this context, we followed closely the unrest in Saudi Arabia in the early part of 2011, particularly events in the Eastern Province which culminated in two planned “days of rage”, apparently in support of uprisings elsewhere in the region. The protests passed relatively peacefully, although reports suggest that the police fired small-arms rounds above the heads of the crowds and used other non-lethal means (percussion grenades) to disrupt the gatherings. Isolated and small-scale violent demonstrations occurred in October and November, again in the Eastern Province. Four civilians died, and there were reports of injuries among security forces and civilians. Despite coming under increasing levels of violence from protestors with rocks, Molotov cocktails and sporadic use of live ammunition, the police appear to have responded proportionately with evidence they are using rubber bullets when necessary with little use of live rounds. There have been no signs of protests spreading beyond the Eastern Province. Nevertheless, the Saudi authorities have yet to address the concerns of some Eastern Province Shia regarding economic, social and political equality, and Amnesty International alleges that some civilians are being detained without charge.

The parameters of freedom of expression have widened significantly since King Abdullah came to the throne, although significant restraints remain in place. The media now reports on issues previously considered unacceptable, such as social problems and the performance of ministries. But limits remain, particularly affecting criticism of individual members of the government and issues of religion. Online activists also fear that an electronic publication law introduced in February is curtailing freedom of expression. This law requires online newspapers to obtain a licence from the Information Ministry. It expands state control so that online news and commentary websites can be fined or blocked if they are deemed offensive, compromising the nation’s economy or security, or violating Islamic Sharia. In June, an online campaign calling for women to drive (which is regarded as socially unacceptable in Saudi Arabia) was disrupted when the campaign Facebook pages were blocked. Amnesty International’s website was also blocked in July following the organisation’s criticism of a draft anti-terror law that had the potential to stifle peaceful protest in the kingdom. The UK will continue to monitor developments in 2012.

Access to justice and the rule of law
The United Nations is concerned by reports that court proceedings in Saudi Arabia often fall far short of international fair trial standards. In addition, international human rights organisations continue to condemn the Saudi Arabian justice system for its lack of transparency and clear accountability. The UK shares these views.

However, as part of a broader reform agenda, £1.2 billion has so far been spent on new court houses, technology, and judicial training, with specialist courts envisaged in family, commercial and labour law. The Appeal Court and new Supreme Court have increased access to justice and a new arbitration department has been formed to reduce the number of trial cases. In addition, the Ministry of Interior is considering licensing female lawyers. Nevertheless, the legal system will remain Sharia-based. In discussions with the Saudi authorities, our Ambassador has highlighted the importance of bringing defendants to court in a timely manner. In October, the UK Ministry of Justice hosted a visit by a delegation of judges from the Saudi Arabian Board of Grievances to learn more about the English legal system, which included discussion of the use of ICT and observation of proceedings at the Royal Courts of Justice.

Despite Saudi Arabia’s efforts to reform, it remains associated with harsh and sometimes extreme forms of punishment. In December, the UN Office of the High Commissioner for Human Rights expressed grave concern at the sentence of “cross amputation” handed down to six men convicted on charges of highway robbery in December. The Saudi Arabian Supreme Court upheld the sentences, which will involve amputation of the men’s right hands and left feet. The High Commissioner called on the authorities to halt the use of such extreme forms of punishment; sentiments the UK Government shares. Saudi Arabia is party to the Convention against Torture and is bound by the absolute prohibition against the use of torture and other cruel, inhumane or degrading treatment or punishment.

Death penalty
The number of executions rose sharply to 77 in 2011 from 27 in 2010; 21 people were executed in October alone, mostly for murder. A number of executions caught the attention of the media, including the beheading of a man who killed his drinking partner while drunk; the beheading of a man for possession of hashish and narcotic pills; and the beheading of a woman in her 60s for “sorcery” – stated as taking money for treating illnesses. This rise in executions is against the backdrop of a previously downward trend since 2007 when 157 people were executed. We raised the issue of the death penalty formally with Saudi authorities, as did the EU, and pressed for reductions in its use. In addition, the EU delivered a formal démarche protest concerning the specific case of Rizana Nafeek, a Sri Lankan national sentenced to death for killing a baby in her care when she may have been under 18 years old.

The Saudi Arabian government encourages families to show clemency by waiving their private right under Sharia Law to have their relative’s killer executed. However, the principle of the death penalty remains enshrined in Sharia Law and there appear to be no prospects of its abolition in the near future. There is an ongoing debate around how the death penalty can be mitigated in particular cases, for example where it is applied at the discretion of the judge. This is an avenue the UK will be pursuing in 2012.

Torture
Allegations of the use of torture to obtain confessions are common, but reports of torture are difficult to verify. One such example is that of Fadel Mekki Al-Manasef. Front Line Defenders, the international foundation for the protection of human rights defenders, reported to the FCO that his rights while in detention were not being respected, especially as regards access to his family and lawyer. Moreover, they allege that Mr Al-Manasef was tortured and ill-treated as punishment for his human rights work. Mr Al-Manasef was conditionally released from prison on 22 August. Amnesty International’s report on human rights in Saudi Arabia published in December 2011, Saudi Arabia: Repression in the name of security, reports that torture and other ill-treatment of individuals arrested in the crackdown on protests in the Eastern Province, facilitated by solitary confinement, remains rife. The report contains many examples of cases where individuals are alleged to have been tortured recently. Amnesty also argues that the problem of torture is exacerbated by the acceptance by the courts of “confessions” forced out of detainees using beatings, electric shocks and other forms of torture and ill-treatment. We will seek to verify such allegations. EU Ambassadors raised allegations of torture in their meeting with the justice minister in December. His response was that torture does not occur in Saudi Arabia and that any accusations relating to torture would be fully investigated.

Freedom of religion or belief
There are long-standing tensions between the Sunni majority and some minority Shia communities in Saudi Arabia’s Eastern Province. The Saudi authorities maintain that all forms of Islam are permitted in Saudi Arabia, although civic and religious freedoms such as the building of mosques are restricted. Non-Muslims are not permitted to worship openly or establish places of worship since the authorities take the view that this is contrary to Sharia Law in the Land of the Two Holy Mosques. The king’s interfaith dialogue, which has been promoted internationally, has so far brought little change domestically. The UK will continue to press for greater, more open religious freedoms in 2012 through dialogue with Saudi human rights organisations and directly with the Saudi Arabian government.

Minority rights
Shia Muslims, who make up about 20% of the population, are subject to economic and social discrimination and lack equality of opportunity. Shia communities express concerns related to freedom of worship, as detailed above. The UK raised minority rights issues with the Saudi authorities on a number occasions, encouraging more work in this area. However, we did not make as much progress as we would have liked. We shall be encouraging the EU to address this in 2012.

Women’s rights
The rights of women in Saudi Arabia are principally affected by the guardianship system, under which women’s freedom to participate in society is greatly restricted; women need the consent of a male relative to travel, work and study. However, attitudes have begun to change with women gaining greater access to the workplace. The most recent notable development was King Abdullah’s landmark speech to the all-male, all-appointed Majlis Ash Shura (Consultative Council) on 25 September, promising women appointees in 2013, and female participation in the 2015 municipal elections both as candidates and as voters. The decision represents a major change in Saudi Arabia’s conservative society and it is still unclear exactly how it will be implemented in practice. The announcement contrasted starkly with a court judgment a few days later sentencing a woman found guilty for driving a car to ten lashes. This was perceived as an intentional challenge by an individual judge to the pace of the king’s reforms and was quickly rescinded. Separately, the Saudi Arabian government has announced that Saudi women will be able to compete for places in the Saudi Arabian Olympics team for London 2012 and there are welcome plans afoot to permit women’s attendance in stadiums to watch football matches. As a priority issue for the UK, we shall continue to work with the Saudi authorities to push for further reforms and greater equality for women in 2012.

Migrant workers
There are an estimated eight million foreign workers in Saudi Arabia, many of whom are treated poorly and given limited rights. The sponsorship system is similar to the guardianship system, whereby passports are commonly confiscated by employers to restrict free movement. In addition to lacking basic employment and freedom of movement rights, a large proportion of migrant workers are non-Muslims and, therefore, their right to practise their religion is severely constrained.

Children’s rights
In Saudi Arabia, the age of legal responsibility is puberty, which has implications for the trials of children as adults, including for crimes which carry the death penalty. It gives legitimacy to the concept of child marriage which, while apparently rare, is known to occur. In May, the Shura Council voted to set a minimum age for girls to marry and, following a rigorous debate, the council recommended the age be set at 17. However, the Shura Council is only an advisory body; the matter now rests with the Ministry of Justice to decide whether to put legislation before the Cabinet. The Saudi Human Rights Council has stated that this is a cultural issue best handled through education rather than legislation.