Country Report on Human Rights Practices for 1987
SAUDI ARABIA
.
Saudi Arabia is a traditional, Arab, and Islamic monarchy ruled
by the sons of its founder, the late King Abd Al-Aziz (known
in the West as "Ibn Saud"). There is no written national
const ituti on.
By convention, the King and Crown Prince have been chosen from
among the sons of Abd Al-Aziz, who themselves have preponderant
influence in the choice. Senior religious scholars and other
princes also have a voice. The King serves as Prime Minister.
Officials from the highest levels down maintain contact with
citizens by holding open door audiences ("majlis") regularly.
Saudis from all social strata attend these meetings to seek
redress of grievances, which is frequently granted. There are
no elected assemblies or political parties. The legitimacy of
the regime rests to a large degree on its perceived adherence
to the defense of Islam, particularly the austere Hanbali
School of Islamic Jurisprudence. Rulers and ruled share a
respect for laws believed to be divinely inspired as well as
ancient customs which call for consensus in government,
internal social cohesion, and economic private enterprise.
During the past 30 years, massive oil revenues have transformed
Saudi Arabia's centuries-old pastoral, agricultural, and
commercial economy. This transformation has been marked by
rapid urbanization, large-scale infrastructure development,
government subsidies to entrepreneurs and consumers, the
emergence of a technocratic middle class, and the presence of
almost 3.4 million foreign workers in a population of about 11
miillion. With the exception of the oil sector, economic
activity and resources have largely remained in private hands.
No major new developments affected human rights in 1987. As
in previous years, there were continuing reports of
mistreatment and torture of prisoners. Civil liberties remain
significantly restricted. The July 31 riots in Mecca,
instigated by Iranian participants in the annual Muslim
pilgrimage, resulted in the deaths of more than 400 persons.
This event powerfully reinforced the perennial concern of the
Saudi authorities and public about security, and has increased
Saudi vigilance in this respect. In general, the heightened
sense of external threat to the country occasioned by the
intensifying Iran-Iraq war has sharpened the sense of
nationhood and solidarity of most Saudis.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings.
b. Disappearance
There were no known disappearances.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment
Some punishments meted out under Islamic Shari'a Law involve
amputation with anesthetic, or execution by beheading, firing
squad, or stoning (with the convicted person in a drugged
state). There were some reports in 1987 that the police beat
detainees to elicit confessions. One such documented case
involved an Asian man accused of homosexuality who was beaten
while suspended upside down. In the absence of eyewitnesses,
confessions are usually required for conviction in Shari'a
courts. Members of the Committee for the Propagation of
Virtue and Prevention of Vice (the "religious police,"
commonly called Mutawwi'in, which means "enforcers") have the
legal right to detain suspects for supposed infractions of
Muslim strictures up to 48 hours before turning them over to
the regular authorities. On occasion they have claimed the
right to flog detainees while seeking a confession. In the
past, the U.S. has protested Mutawwi'in actions against U.S.
citizens to the Saudi Government.
Saudi security officials at various levels have separately
indicated that a royal order prohibiting the striking of
prisoners exists. There were no reports of abuse of European
or American prisoners in 1987, but a number of reported
instances of abuse of African and Asian prisoners. Credible
reports also claim that two Saudi Shi'ite prisoners died under
unclear circumstances, possibly involving abuse and neglect.
The implicated officers of the security forces were
transferred.
In its 1987 Report, covering 1986, Amnesty International said
that it had received several reports in 1986 about the torture
and ill-treatment of detainees, and that, as in previous years,
such torture or ill-treatment apparently occurred during the
period immediately after arrest when detainees were held
incommunicado. AI said it was was unable to investigate these
reports fully but from their consistency and from the variety
of sources concluded that they "appeared to indicate a pattern
of torture and ill-treatment."
Prison conditions are not intentionally degrading. Conditions
in some correctional institutions are, however, severe.
Prisoners often sleep on the floor, suffer heat stroke, and
sometimes complain of difficulty in obtaining adequate medical
treatment. Despite government efforts to expand and improve
prisons, deterioration of some facilities has occurred.
In accordance with Shari'a law, Saudi Arabia imposes capital
punishment for the crimes of intentional murder, adultery,
apostasy from Islam, and, depending upon the circumstances,
rape and armed robbery. The Interior Minister and Cassation
Courts review all cases in which capital punishment has been
imposed. The King must approve all such sentences. The
number of executions rose in 1987 (to 45 in the first 9 months
of 1987 from 18 in the same period of 1986). Five of those
executed were convicted of narcotics smuggling and sentenced
to death pursuant to a March 1987 law making narcotics
smuggling a capital offense. (These smugglers also fired at
police, killing one officer, so that one of them at least was
also guilty of murder; Shari ' a--unlike U.S. law--would not
necessarily find the other four offenders guilty of that
crime.
)
Beheading is the usual method of execution. Death by firing
squad or stoning may be imposed for adultery. A recidivist
thief may suffer severance of a hand. In the first 9 months
of 1987 no one suffered this punishment. For less severe
crimes, such as drunkenness, or publicly flaunting Islamic
precepts, flogging with a cane is often imposed. Public
flogging is intended to humiliate the criminal and serve as a
deterrent to others. The skin is not broken, and the flogging,
though it is painful and leaves welts, is administered with a
bent elbow.
d. Arbitrary Arrest, Detention, Exile or Forced Labor
There were no reports of arbitrary arrests and imprisonment in
1987. The several dozen Shi 'a arrested in the Eastern
Province during 1986 were released at the beginning of the
year in what appears to have been a general amnesty.
There is no automatic, prompt procedure for contacting a
detainee's family or employer; however, in cases involving
foreigners, Saudi authorities acknowledge that they have the
obligation to do so. When asked, the police will almost
always confirm an arrest.
Embassies usually hear about arrests of their nationals
informally within a few days, and in most cases are granted
prompt consular access to prisoners. Official notification
almost always takes several months, if it occurs at all.
Problems arise when persons are arrested by the General
Directorate of Investigations (GDI), the security service
commonly called the "Mubahith" or investigation police. GDI
prisoners are regularly held incommunicado during the initial
phase of an investigation, which may last several weeks. The
total number of persons affected is unknown.
Shari'a law makes no provision for bail or habeas corpus.
Prisoners may be held for months while an investigation
proceeds before being either charged or released. Regulations
issued by the Interior Ministry in 1983 to eliminate lengthy
pretrial detentions or detentions without charges are
frequently unenforced. On the other hand, the Board of
Grievances, an independent judicial body empowered to
investigate citizens' complaints against official abuse, has
used the authority granted to it in 1983 to become an
ef f ective--if slow--avenue of redress for citizens and private
corporations against state institutions, public sector
companies, and government officials accused of malfeasance,
nonfeasance, bias, or corruption.
The Government does not use forced labor or exile as a form of
punishment
.
e. Denial of Fair Public Trial
The judicial system is founded upon the Shari'a. Shari'a
courts exercise jurisdiction over common criminal cases and
civil suits regarding marriage, divorce, child custody, and
inheritance of real or personal property. Trials are generally
closed and are normally held without counsel, though the
advice of Islamic lawyers is available before trial. In the
Shari'a court the defendant appears before a judge who
determines guilt or innocence and, if warranted, imposes the
appropriate punishment. Appeals against judges' decisions are
automatically reviewed by the Justice Ministry or, in more
serious cases, by the Supreme Judicial Council to ensure that
court procedure was correct and that the judge applied
appropriate Shari'a principles and punishments. Counsel is
not permitted in the court itself, but lawyers may act as
interpreters for those unfamiliar with Arabic. With rare
exceptions, there is no consular access to the trials of
foreign nationals.
The independence of the judiciary is prescribed by law and
respected in practice. 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, an independent body of senior jurists. The
Supreme Judicial Council has investigated and removed corrupt
judges to allow prosecution and imprisonment.
Specialized labor and commercial courts decide cases on the
basis of decrees issued by the Council of Ministers and
regulations issued pursuant to those decrees. The commercial
courts' effectiveness is frequently vitiated by long delays in
reaching decisions and practical difficulties in enforcing
judgments reached. 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.
The Board of Grievances arbitrates claims against the State.
The President and Vice President of the Board are experienced
jurists. They are aided by board members expert in
administrative, contract, corruption, civil service, and
forgery legislation. The President is responsible directly to
the King, and the members of the Board are guaranteed
considerable independence. The Board has on occasion used
powers granted by a 1983 decree to call erring officials to
account
.
There were no reports of prisoners formally sentenced for
political offenses.
f. Arbitrary Interference with Privacy, Family, Home or Correspondence
Among the most fundamental of Islamic precepts are the
sanctity of family life and the inviolability of the home.
The police must generally demonstrate reasonable cause and
obtain permission from the provincial governor before searching
a private home, but warrants are not required. The Mutawwi'in
may enter homes to search for evidence of un-Islamic behavior
when they have grounds for suspicion, but instances of this
appear to be exceedingly rare. Wiretaps and mail surveillance
can be carried out on the authority of officials of the
Interior Ministry or the Directorate of Intelligence.
Informants are reliably reported to be widely employed in
internal security matters.
Some social and 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. Saudi men must obtain approval to
marry women from countries other than the six members of the
Gulf Cooperation Council. During the Muslim holy month of
Ramadan, the prohibition against public eating, drinking, or
smoking during daylight hours is enforced on Muslims and
non-Muslims alike. Prohibitions against alcohol and
pornography are strictly enforced. The Mutawwi'in patrol the
streets and markets to assure Islamic decorum in dress and
demeanor as well as the closing of shops during the five daily
prayer periods.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Presso
Criticism of Islam and the ruling family is not allowed. The
potential presence of informers renders public criticism of
the regime rare. In private, complaints are expressed
relatively freely. Saudis are able to voice complaints and to
seek redress of grievances through the open-door audiences
which are held regularly by even the highest officials, but
such grievances are generally expected to be personal rather
than political or social.
The press is privately owned. It is effectively controlled by
a 1982 media policy statement and the firm understanding that
nothing embarrassing to the Government, ruling family, or
religious leadership may be published. The media policy
statement enjoins the press to uphold Islam, oppose atheism,
promote Arab interests, and preserve the cultural heritage of
Saudi Arabia. Newspapers receive guidelines issued by the
Information Ministry on government positions on controversial
political issues.
Editors-in-chief are appointed with the tacit approval of the
Information Minister, and the Government has the power to have
them removed. Saudi television and radio are state owned and
operated. Besides entertainment, their basic aim is to
project and gain public support for official policies and
views, with the corollary that conflicting viewpoints are not
presented. A new educational channel is in the planning
stage. Foreign news is increasingly presented objectively as,
for example, in press and electronic media coverage of the
U.S. Supreme Court confirmation hearings, preparations for the
U.S. presidential elections, and the "glasnost" campaign in
the Soviet Union. Foreign publications circulate but are
censored with increasing vigor for materials deemed immoral or
explicitly or implicitly critical of Saudi policies and
actions, especially since the Mecca riots. For example,
entire pages of the International Herald Tribune containing
articles on Saudi Arabia, advertisements for alcoholic
beverages, or beach scenes have been torn out, and the entire
newspaper has sometimes been withheld from distribution.
Academic freedom is constrained by similar guidelines; the
study of Freud and Marx, representational art, and philosophy,
for example, is forbidden. Professors commonly believe that
classroom comments, which would be taken as antiregime, will
be reported to the authorities. There is also an injunction
against the study of music and art in educational institutions,
including universities. Nevertheless there has been an
increase in artistic activities outside these institutions, as
evidenced by classes sponsored by the Saudi Arabian Society
for Culture and Arts, an association whose head holds
ministerial rank.
b. Freedom of Peaceful Assembly and Association
Public demonstrations as a means of political expression or to
present grievances are prohibited. Tribal, familial, and
economic interest groups informally aggregate public opinion,
which their leaders express to high officials. Nonpolitical
clubs and professional groups may be organized with the
permission of the authorities. The few existing professional
bodies are permitted but not encouraged to maintain contacts
with their recognized international counterparts. Government
decrees prohibit labor unions and strikes. Collective
bargaining is unknown.
c. Freedom of Religion
Islam is the official religion. All Saudis must be Muslim.
Conversion to another religion is a crime punishable by death.
Proselytizing by non-Muslims is illegal. Non-Muslim places of
worship may not exist. The Saudis scrupulously uphold the
Islamic injunction that all Muslims have a responsibility to
make a pilgrimage, or hajj, to Mecca, and all Muslims are
welcome to visit the holy places. Travel to these places by
non-Muslims is illegal. Political activities by pilgrims are
banned.
The Shi 'a Muslims of the Eastern Province, usually estimated
at 250,000-400,000 persons, constitute a religious minority
subject to social and economic discrimination. In the wake of
the Iranian Revolution, they have been periodically subjected
to surveillance and limitations on travel abroad. Some have
been arrested without charge and detained, occasionally for
months. For security reasons, the Government does not permit
Shi'ite public processions to mark Ashura, the holiest of the
exclusively Shi'ite holidays. Ashura passed without incident
in 1987. The Shi ' a are free to adjudicate exclusively
intra-Shi'a disputes within their own legal tradition, but
Shi'ite judges receive no stipend or salary from the
Government. Likewise the Government provides no financial
support for the Shi'ite religious establishment and seldom
permits the construction of Shi'ite mosques. However, a
Shi'ite mosque previously closed in Dammam was allowed to
reopen in August 1987 under some restrictions. In recent
years the authorities have made efforts to redress Shi'ite
complaints about the economic underdevelopment of their
areas. Still, most Shi ' a continue to live under conditions
notably poorer than those of their Sunni compatriots.
Non-Muslim religious services are not permitted, and
non-Islamic religious materials are illegal. Foreign nationals,
may practice their religions only in private. Large gatherings
or elaborate organizational structures are likely to attract
official attention and lead to the deportation of their
leaders. There was at least one instance in 1987 in which a
private service, discovered and brought to the attention of
the authorities, was broken up and those conducting it
arrested, interrogated, and deported.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Saudis may travel freely anywhere within the country.
Passports are issued by the Interior Ministry. Male Saudis
may travel abroad freely. In the case of government
officials, the permission of the Royal Court is required but
apparently is normally perfunctory. Women must obtain prior
permission from their closest male relative before being
allowed to leave the country. The passports of suspected
subversives have occasionally been seized. Shi 'a are
generally prohibited from traveling to Iran. Detection of
such travel by Saudi authorities is followed by interrogation.
Shi 'a known to have pro-Khomeini sympathies may not be allowed
to travel abroad. Saudis are permitted to emigrate and assume
foreign nationality. This results in the loss of Saudi
nationality. Citizenship is not revoked for political reasons.
There is no explicit formal policy regarding refugees or
granting asylum. Refugees and displaced persons are in most
cases dealt with like other foreign workers. With some
exceptions (including all North Yemenis), persons seeking
residence in the Kingdom must meet strictly enforced
requirements of sponsorship and employment. There are over
260,000 foreigners who fled their native countries, primarily
Palestinians, Lebanese, Eritreans, Afghans, and South
Yemenis. These persons generally receive no special
treatment, privileges, or services. Individual Saudis
(frequently members of the ruling family) permanently sponsor
such individuals to enable them to remain in Saudi Arabia,
permitting them to find work where they may. In a small
number of cases, sponsors reportedly have charged fees to such
persons for providing documentation required by the Government.
There are few Saudi refugees outside the country. A few Shi 'a
reportedly have fled to avoid arrest.
Foreigners living in Saudi Arabia, except for Yemenis, are
required to carry identification cards. They are not
permitted to travel outside the city of their employment or to
change their workplace without their sponsor's permission.
Foreign national employees are not permitted to travel abroad
without their sponsor's permission, since sponsors hold their
passports and are responsible for obtaining exit visas for
them. Foreigners involved in commercial disputes are often
not allowed to leave the country until the problem has been
resolved. Sponsors have taken advantage of this arrangement
at times to exert unfair 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 long periods or have them
arrested or deported. In criminal cases, Saudi regulations
require that the passports of all potential suspects and
witnesses be seized. This has sometimes forced foreign
nationals to remain in Saudi Arabia for lengthy periods.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
The Kingdom of Saudi Arabia has no formal democratic
institutions. Consequently, most of its citizens do not have
a say in the choice of leaders or in changing the political
system. The King rules the country in matters secular 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 descent, his selection by consensus, his propagation
of the tenets of Islam, and his perceived concern for the
welfare and security of the nation. 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.
There are no popularly elected officials in Saudi Arabia.
(The only elections appear to be businessmen's elections of
two-thirds or more of the board members of the quasi-official
Saudi Chambers of Commerce and Industry.) Political parties
are not permitted, and there are no known organized opposition
groups
.
The participation of women in the political and business life
of the country is severely restricted in practice.
Traditionally, public opinion has been expressed through
client-patron relationships and interest groups such as
tribes, families, and professional hierarchies. The open-door
audience (ma j lis) remains the primary forum for expression of
opinion or grievance. Any male citizen may attend these
sessions, which all important officials hold regularly and
openly. Since the assassination of King Faisal during a
majlis in 1975, however, kings have reduced the frequency of
their personal contacts with the public. Typical topics
raised in a majlis are complaints about bureaucratic
dilatoriness 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. Either the King or the Crown Prince
meets with religious leaders at least once a week.
This relaxed but institutionalized means of ascertaining
public opinion through consultation has limitations.
Participation by women in the process is severely restricted.
Rural-urban migration has weakened tribal and familial links.
Citizens are not directly able to change policies or officials
through the majlis system, which is largely a forum in which
grievances are aired and favors sought. As governmental
functions have become increasingly complex, time-consuming,
and centralized in Riyadh, direct access to senior officials
has decreased. The creation of a Consultative Council to
serve as a means of consultation between rulers and ruled has
been under consideration for many years. Though the King
again endorsed the establishment of such a council in the
spring, no steps in this regard beyond completion of the
building identified as its quarters were known to have been
taken in 1987.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There were no reports that international or nongovernmental
organizations sought to investigate alleged violations of
human rights during 1987. There are no human rights groups in
Saudi Arabia. In international forums, Saudi representatives
regularly protest violations of the human rights of
Palestinians, Afghans, Eritreans, and Muslim minorities in
several countries, including Bulgaria.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Women do not enjoy equality with men. By Koranic precept, a
daughter's share of an inheritance is less than that of her
brother. 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 years, but then they revert to the
husband's family, to whom they belong under Islamic law. In
Shari'a court, the testimony of one man equals that of two
women. Women may not drive motor vehicles, and there are
restrictions on their use of public facilities when men are
present. By custom, women do not travel alone. They are
restricted to specially designated sections in the rear of
urban buses. Women may travel abroad only with the written
permission of their nearest male relative. Employment
opportunities for Saudi women either in the civil service or
with public corporations are extremely limited. In practice
their employment is largely restricted to the teaching and
health care professions. In public, women are required to
dress with extreme modesty, including (in the case of Muslim
women) a black outer garment covering the entire body. Free
but segregated education through the university level is now
available to Saudi women. Polygamy is relatively common in
outlying areas but is becoming less so in cities, particularly
among younger Saudis. Islamic Law limits the number of wives
to four, and requires a husband who has more than one wife to
treat each of his wives equally.
The large expatriate work force does not, for the most part,
receive the same economic and social benefits available to
native Saudis, and must conform to the restrictive Saudi
social standards. Opportunities for non-Muslims are
circumscribed. The poorest of the foreign nationals, almost 3
million Yemenis, Africans, and Asians, live under conditions
significantly more harsh than those of the Saudi urban
classes. Foreign embassies have received numerous reports of
sexual abuse of non-Muslim female domestics by their Saudi
employers. It appears that such victims have limited options
for redress in the courts, although a few employers have
reportedly been punished for such abuses.
Saudi Shi 'a face discrimination in government employment,
especially in jobs with national security implications, and
some 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.
CONDITIONS OF LABOR
The 19G9 Saudi Labor Law requires employers to protect most
workers from job-related hazards and disease. Domestics and
workers employed in enterprises with fewer than five employees
are not covered in the labor code. Labor Ministry inspectors
and the labor courts are seeking with some success to enforce
the labor code, but foreign nationals report frequent failures
to enforce health and safety standards. Saudi authorities
reportedly have enjoyed greater success in enforcing contract
terms and working hours. The Saudi Labor Law establishes a
maximum 48-hour workweek at regular pay, and allows employers
to require up to 12 additional hours of overtime at time and a
half. Employees may volunteer for additional overtime. There
is no legal minimum wage. The Labor Lav; provides, however,
that minimum wages may be set by the Council of Ministers on
the recommendation of the Minister of Labor. The effective
minimum is the amount required to induce foreign laborers to
come to work in Saudi Arabia.
There is no minimum age for those employed in agriculture,
family enterprises, private homes, or repair of agricultural
machinery. Adolescents (ages 15 to 18), juveniles (under 15),
and women may not be employed in hazardous or harmful
industries, such as mines or industries employing
power-operated machinery. In other cases, the Labor Law
provides for a minimum age of 13, which may be waived by the
Ministry of Labor in certain areas with the consent of the
juvenile's guardian. Child labor does not appear to be a
significant problem in Saudi Arabia.
Saudi Arabia has a generous social security program. Most
foreign workers were formerly eligible to participate in this
program on the same basis as Saudis, but were excluded from
participation in March 1987. Some foreign workers,
particularly those in unskilled positions such as lower-level
construction workers and housemaids, are exploited due to
their ignorance of the labor code, inability to understand
Arabic, lack of written contracts, or fear of retribution from
their employers. Such labor problems can be settled in labor
courts, which have the reputation of being reasonably fast and
fair, but the poorest employees may face insuperable practical
and financial obstacles to taking advantage of these courts.
In 1986 the Government increased its authority over
recalcitrant employers through a written code that permits it
to attach assets
