Country Report on Human Rights Practices for 1985
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 constitution.
By convention, the King is 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 on down maintain contact with citizens by
holding open door audiences regularly. There are no elected
assemblies or political parties, and nonreligious public
assembly and demonstrations are not permitted. Non-Muslim
public worship is banned. The legitimacy of the regime rests
upon 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 and ancient customs which
call for authority based on consensus in government, internal
social cohesion, and economic private enterprise. Social
custom mandates strict separation of the sexes outside the
home, greatly limiting job or career possibilities for women.
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 entreprfeneurs and
consumers, the emergence of a technocratic middle class, and
the presence of almost 3.5 million foreign workers. Economic
activity and resources (except oil) have largely remained in
private hands.
No major new developments affected human rights during 1985.
Due to unsettled conditions in the Middle East, the Iran-Iraq
war, the basic ideological enmity of the Iranian revolution
toward Saudi Arabia, the lingering memory of antiregime
disturbances in 1979-80, terrorist incidents and discoveries
of foreign-supported subversive activities in the Gulf States,
as well as two terrorist bomb explosions in Riyadh last May,
Saudi authorities remain deeply concerned about internal
security. There have been several reports of mistreatment of
prisoners in 1985.
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 in 1985.
b. Disappearance
Disappearances at the hands of official agents are unknown.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
Government policy prohibits torture, but some punishments
meted out under Islamic Shari'a law involve amputation. There
have been reports during 1985 of police beatings of detainees
to elicit confessions, which in the absence of witnesses are
usually required for conviction in Shari'a courts. One
American citizen was detained and flogged by the so-called
Mutawwi ' in (enforcers), or members of the Committee for
Propagation of Virtue and Prevention of Vice. These are
government employees who assert the right to detain suspects
for up to 48 hours before turning them over to police, and to
administer floggings to encourage confessions. The American's
accusation is being investigated by the authorities. Prison
conditions are apparently not unusually harsh or intentionally
degrading. There were reports during 1985 of mistreatment of
foreign national prisoners in a Riyadh jail and of routine
beatings of Saudi prisoners in the Qatif traffic jail. There
was one documented instance in 1985 of abuse of an American
inmate at Dammam Central Prison. These appear to involve
abuses by lower-level officials, and not expressions of
policy. The Interior Ministry investigated reports that
surfaced in 1983 alleging that foreign national prisoners had
been subjected to beatings, sleep deprivation, and high
freqiiency noise in order to extract confessions. In cases
where the reports were found accurate, the Government took
disciplinary action.
In accordance with Shari'a law, Saudi Arabia imposes capital
punishment for the crimes of premeditated 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. During 1985, the number of death sentences increased
sharply (34 executions in the first 9 months of the year) from
the low levels (5 or fewer) in most recent years.
Furthermore, death sentences have been handed down for crimes
that are not normally considered capital. Four Saudis were
beheaded for crimes in which no one was hurt: two for armed
robbery and two policemen for burglary, drug dealing, and
other offenses. Beheading is the usual method of execution.
Execution by firing squad or stoning may be imposed for
adultery. Severe social disapproval discourages adultery, and
the requirement of confession or testimony by four
eyewitnesses renders conviction for adultery rare. A
recidivist thief may suffer severance of a hand. For less
severe crimes, such as drunkenness, or publicly infringing
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 to be broken,
but floggings are painful and leave welts.
d. Arbitrary Arrest, Detention, or Exile
There were several dozen arbitrary arrests and imprisonments
of Shi ' a in the Eastern Province during 1985. There is no
automatic procedure for contacting a detainee's family or
employer. If asked, however, the police will usually confirm
an arrest. 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
charge have not been vigorously applied. On the other hand,
the Board of Grievances, an independent judicial body
empowered to investigate citizens' complaints against official
abuse, has used authority granted to it in 1983 and has become
an effective 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.
Normal consular notification of arrests of foreign nationals
is almost unheard of, and police authorities frequently deny
consular access during the investigative phase. It is
impossible to estimate accurately the number of individuals
affected. There have been credible allegations of
incommunicado detention and solitary confinement. Forced
labor and exile as a form of punishment are unknown.
e. Denial of Fair Public Trial
The judicial system is founded upon the Shari'a. The 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 foreign nationals'
trials. The independence of the judiciary is ensured 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 so that they might be prosecuted and
jailed.
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 vitiated by frequent serious 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.
Decisions of courts martial are reviewed by the Minister of
Defense and Aviation and by 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 vigorously wielded
new powers, granted by a 1983 decree, to call erring officials
to account .
There were no reports of prisoners formally sentenced for
political offenses. Detention for a few weeks or months
followed by a warning and release has reportedly been
used to intimidate the few Saudis who have publicly criticized
the regime.
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 generally must demonstrate reasonable cause and
obtain permission from the provincial governor before
searching a private home, but warrants are not required, The
Mutawwi ' in assert the right to 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. Wiretapping and mail surveillance can be carried out on
the authority of officials of the Interior Ministry or the
Directorate of Intelligence. A wide network of informants is
believed to be employed.
Some social 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 seek approval to marry women from countries
other than the six members of the Gulf Cooperation Council.
During 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. Members of the
officially supported Committee for the Propagation of Virtue
and the Supression of Vice patrol the streets and markets to
assure Islamic decorum in dress and demeanor and the closing
of shops during the daily prayer periods.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
Criticism of Islam and the ruling family is not allowed. The
potential presence of informers renders open criticism of the
regime rare except among trusted friends. Saudis are,
however, able to voice complaints and to seek redress of
grievances through the open-door audiences which are held
regularly by even the highest officials.
The press is privately owned. It is effectively controlled by
both the 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, preserve the cultural
heritage of Saudi Arabia, and combat human rights violations.
Guidelines issued by the Information Ministry instruct the
press on the position to take on controversial political
issues. Editors are appointed with the approval of the
Information Minister, and he may 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.
Increasingly, foreign news is presented objectively, as for
example in television coverage of the Israeli elections.
Foreign publications circulate but are rigorously censored for
materials deemed immoral or critical of Sa di policies and
actions. These criteria are sometimes interpreted broadly or
capriciously. Time magazine was temporarily banned because of
an article it carried about a dispute among Turkish Muslims
that was deemed insulting to Islam. A recent article on a
Saudi-U.K. arms deal in the International Herald Tribune was
censored, and a survey of Israel was excised from a recent
edition of the Economist.
Academic freedom is constrained by similar guidelines; the
study of Freud and Marx, for example, is taboo. Professors
commonly believe that classroom comments which would be taken
as antiregime will be reported to the authorities.
b. Freedom of Peaceful Assembly and Association
Assembly as a means of political expression or to present
grievances is 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. Labor unions are
prohibited, and strikes are forbidden. Collective bargaining
i s unknown .
c. Freedom of Religion
Islam is the official religion. All Saudis must be Muslim.
Apostasy is a crime, and proselytizing by non-Muslims is
prohibited. 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 prohibited. Political activities by pilgrims are banned.
The Shi ' ite Muslims of the Eastern Province, usually estimated
at 500,000 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. Certain of
their members have been arrested without charge and detained,
sometimes for many months. For security reasons, the
Government does not permit Shi 'a public processions to mark
Ashura, the holiest of the exclusively Shi ' a holidays. The
Shi 'a are free to adjudicate exclusively intra-Shi ' ite
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 does not permit the construction
of Shi ' ite mosques. In recent years the authorities have made
efforts to redress the Shi'a's complaints about the economic
underdevelopment of their areas. Nevertheless, most Shi 'a
continue to live under conditions notably poorer than those of
their Sunni compatriots.
Non-Muslim religious services are not permitted. Saudi
customs officials prevent the importation of non-Islamic
religious materials. Foreign nationals practice their
religions only in discreet, private gatherings. Large
gatherings or elaborate organizational structures are likely
to attract official attention and may lead to the deportation
of leaders. There have been instances in which small private
services, discovered and brought to the attention of the
authorities, have been broken up and those conducting them
arrested, interrogated, and deported.
d. Freedom of Movement Within the Country, Foreign
Travel, Immigration, and Repatriation
Saudis may travel freely anyvhere 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 Diw n 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 formal policy regarding refugees or granting
asylum. Refugees and displaced persons are in most cases
dealt with like all other foreign workers. Anyone seeking
residence in the Kingdom, except Yemenis, must meet strictly
enforced requirements of sponsorship and employment. There
are over 250,000 foreigners who fled their native countries,
primarily Palestinians, Lebanese, Eritreans, Afghans, and
South Yemenis. For the most part, these individuals receive
no special treatment, privileges, or services. Reportedly,
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 have been no reports of forced
repatriation of persons fleeing persecutions. There are
hardly any Saudi refugees outside of the country. A few Shi 'a
are thought to have fled the country 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, nor
are they permitted to travel abroad without their sponsor's
permission since sponsors hold foreign national employees'
passports and are responsible for obtaining exit visas for
them. Foreigners involved in or often merely incidental to
commercial disputes or criminal investigations are usually 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 and occasionally have been able to
prevent foreign nationals from departing Saudi Arabia for long
periods. The official Saudi practice of seizing passports of
all potential suspects and witnesses in criminal cases 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 Government
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 adherence to the
tenets of Islam, and his perceived concern for the welfare of
the nation. With the consent of other senior princes, the
King, who is also the Prime Minister, appoints the Crown
Prince, who is the First Deputy Prime Minister. All other
ministers are appointed by the King. They, in turn, appoint
subordinate officials with cabinet concurrence. There are no
elected officials in Saudi Arabia. (The only elections in
Saudi Arabia 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.) Likewise, political
parties are not permitted, and there are no known organized
opposition groups.
Traditionally, public opinion has been expressed through
client-patron relationships and interest groups such as
tribes, families, and professional hierarchies. The open-door
audience (majlis) remains the primary forum for expression of
opinion or grievance. Subjects typically raised at a majlis
are complaints about bureaucratic dilatoriness or
insensitivity, requests for redress or assistance, or
criticism of particular acts of government affecting personal
or family welfare. Broader 'political ' concerns--Saudi
social, security, economic, or foreign policy — are not
considered appropriate and are seldom raised. The King meets
on a weekly basis with religious leaders.
This informal consultative means of ascertaining public
opinion 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 system of national consultation between rulers
and ruled has been under consideration for many years. No
steps toward its implementation were taken in 1985.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no reports that international or
nongovernmental organizations have sought to investigate
alleged violations of human rights during 1985. There are no
human rights groups in Saudi A'rabia. In international forums,
Saudi representatives regularly protest violations of human
rights of Palestinians, Afghans, Eritreans, and Muslim
minorities in several countries.
In its 1985 report. Amnesty International expressed concern
about the reported detention of possible prisoners of
conscience, inadequate detention and trial procedures in
political cases, allegations of torture and ill-treatment of
detainees, and the use of amputations, flogging, and the death
penalty. Freedom House rates Saudi Arabia as "not free."
ECONOMIC, SOCIAL, AND CULTURAL SITUATION:
Petroleum revenues have permitted the Government to improve
the living standards of most Saudis, whose annual per capita
gross domestic product was $13,000 in 1984. Its population of
11,152,000, including approximately 3.4 million foreign
nationals, is growing at a rate of 3.2 percent annually.
The Government has promoted public welfare through massive
development projects, consumer subsidies, interest-free
housing loans, and concessions to entrepreneurs. The economy
is still adjusting to the fall in national income caused by
declining oil prices and production in the past 3 years. The
Government has used its huge foreign reserves to complete
major infrastructure projects while promoting private agricul-
tural and industrial development and maintaining consumer
purchasing power through subsidized loans and welfare payments.
According to the World Bank, 91 percent of the Saudi
population had access to safe water in 1980, and in 1977,
calorie intake was 91.2 percent of the total requirements.
Life expectancy is 56.9 years. Health care and' education
through the university level are available to all Saudis
without cost. The development of a modern education system is
a major government objective. Appropriations made for
education in the current budget amounted to 11 percent of the
total. Over the past year 880 schools and colleges were
opened, raising the total to approximately 10,000. During the
same period the number of students enrolled at all levels rose
by 7 . 6 percent, and the number of teachers increased by 9 . 5
percent. In recent years primary schools have been
constructed in even the most remote villages and a massive
expansion of the university system was begun in the late
1970 's with the objective of accommodating all undergraduate
applicants within the country. Literacy among adult Saudis
has risen rapidly; Saudi Government statistics suggest an
adult literacy rate of about 33 percent (45 percent of men and
20 percent of women) . Approximately 65 percent of Saudi
children (77 percent of boys and 53 percent of girls) are
enrolled in primary schools.
Despite these efforts, poverty has not been eliminated. Some
of the remaining Bedouin prefer a traditional lifestyle and
only selectively take advantage of available opportunities to
improve their standard of living. Other Saudis have only
limited opportunities to improve their economic position due
to lack of education or ignorance of government assistance
programs. In the cities, poor Saudis are likely to have
recently migrated from rural areas. In the rural areas, the
poor are mostly small farmers in provinces where government
resources have not yet been so generously applied to
infrastructure development as in cities. The Bedouin, who
comprise perhaps 5 to 7 percent of the population, cling to a
nomadic way of life which frequently precludes the
accumulation of substantial wealth.
The large expatriate work force does not, for the most part,
receive the same economic and social benefits available to
native Saudis and must abide by considerable restrictions on
its lifestyle. The poorest of these foreign nationals, almost
3,000,000 Yemenis, Africans, and Asians, live under conditions
significantly worse than those of the Saudi urban classes.
The 1969 Saudi Labor and Workmen Law requires the employer to
take necessary precautions for the protection of workmen from
hazards and diseases resulting from the work and the machinery
used, and for the protection and safety of the work. Labor
Ministry inspectors and the labor courts seek with some
success to enforce the labor code, but foreign nationals
report frequent failures to enforce health and safety
standards. Saudi authorities have reportedly enjoyed greater
success in enforcing contract terms and working hours. There
have been press reports that some foreign workers are living
and working under poor conditions, and there are indications
that the authorities may take corrective measures. Saudi
labor law establishes maximum hours at regular pay at 48 per
week 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 law provides, however, that minimum wages may be set by
the Council of Ministers on the recommendation of the Minister
of Labor. The market minimum is in effect the amount required
to induce foreign laborers 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 15-18), 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 and 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 for which
most foreign workers are eligible on the same basis as
Saudis. 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 need for income. The labor courts have the
reputation of being reasonably fast and fair.
Due to orthodox religious beliefs and traditional social
practices, women do not enjoy equality with men. By Koranic
precept, a daughter's share of an inheritance is less than
that of a male offspring. Women are obliged to demonstrate
legally specified grounds for divorce, whereas men may divorce
without such grounds. In Shari'a court the testimony of one
man equates to that of two women. Women may not drive motor
vehicles, and there are restrictions on their use of public
facilities when men are present. They do not by custom travel
alone. They are restricted to reserved women's sections on
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. Free but segregated education
through the university level is now available to Saudi women
locally. The number of civil service jobs available to women
(in segregated offices) has increased somewhat. Polygamy is
becoming less common, particularly among younger Saudis. This
may be due in part to economic factors.
