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Human
Rights Watch World Report 2001 Human Rights Developments
SAUDI ARABIA
"It
is absurd to impose on an individual or a society rights that are alien to its
beliefs or principles," Saudi Arabia's deputy premier and effective head
of state Crown Prince Abdullah bin Abdul Aziz told the U.N. Third Millennium
summit in New York on September 6. He warned of "the ramifications of
unbridled globalization and its use as an umbrella to violate the sovereignty
of states and interfere with their internal affairs under a variety of
pretexts, especially from the angle of human rights." The kingdom's
fourteen million citizens and six to seven million foreign residents thus
continued to be denied a range of basic rights guranteed under international
law.
Freedom
of expression and association were nonexistent rights, political parties and
independent local media were not permitted, and even peaceful anti-government
activities remained virtually unthinkable. Infringements on privacy,
institutionalized gender discrimination, harsh restrictions on the exercise of
religious freedom, and the use of capital and corporal punishment were also
major features of the kingdom's human rights record.
There
were some encouraging developments, however, such as greater official sensitivity
to international criticism of the country's human rights practices, recognition
of international standards with respect to women's rights, and public pledges
to establish human rights monitoring bodies. On September 7, Saudi Arabia
became a party to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), although on August 21 the Council of
Ministers, in announcing the government's intention to sign the treaty, said
that it would not comply with "any clause in the agreement that
contradicts Islamic sharia [law]."
Freedom
of expression remained strictly circumscribed and there was no independent
press. The eighth Arabic-language daily newspaper in the kingdom, al-Watan, was
launched in September, joining other Saudi newspapers and media bankrolled by
the royal family, including the influential pan-Arab daily al-Hayat. The Royal
Decree for Printed Material and Publications, promulgated in 1982, contained a
list of prohibited topics covering any material that was printed, published, or
circulated in the kingdom. Violations of the law were criminal offenses,
punishable with up to one year of imprisonment and/or fines.
The
number of independent licensed Internet service providers (ISPs) in the kingdom
increased to about thirty, with some 100,000 subscribers. Capacity reportedly
could not meet demand, and there was evidence that the kingdom continued its
efforts to monitor and restrict Web access in the country. "The Saudi
government has a right to protect its society," Saudi Telecommunications
Company (STC) president Abdel Rahman al-Yami said. "We would like to be
not open, but selective in what content comes in....[T]he fast growth in the
customer base has created challenges for the network." The STC was
responsible for the backbone network inside the country while the King Abdul
Aziz City for Science and Technology (KACST) controlled content as the sole
gateway to the Internet. In August, KACST blocked the Yahoo "Clubs"
site, which contained some 250 Saudi clubs with over 60,000 members. "The
Clubs site was blocked because most of the material was against the kingdom's
religious, social and political values," said KACST official Khalil
al-Jadaan. In April, the government closed an Internet cafe in Mecca that was popular
with university students. The action came as a result of a court complaint that
the women-only cafe was being used for "immoral purposes," the BBC
reported, citing Arab News. "What was uncovered was against both our
religion and our traditions," charged Brigadier Yousef Matter of the civil
police, adding that the court had empowered him to shut down other cybercafes
in Mecca.
Capital
punishment was applied for crimes including murder, rape, armed robbery, drug
smuggling, sodomy, and sorcery. In most cases, the condemned were decapitated
in public squares after being blindfolded, handcuffed, shackled at the ankles,
and tranquilized. By late September 2000, at least 104 Saudis and foreigners
had been beheaded, exceeding in nine months the total of 103 that Amnesty
International recorded in 1999. Two of the foreigners beheaded in 2000 were
women: a Pakistani in July for heroin smuggling, and an Indonesian in June for
murder.
Saudi
courts continued to impose corporal punishment, including amputations of hands
and feet for robbery, and floggings for lesser crimes such as "sexual
deviance" and drunkenness. The number of lashes was not clearly prescribed
by law and varied according to the discretion of judges, and ranged from dozens
of lashes to several thousand, usually applied over a period of weeks or
months. A court in Qunfuda sentenced nine Saudi alleged transvestites in April.
Five drew prison terms of six years and 2,600 lashes, and the other four were
sentenced to five years and 2,400 lashes. The floggings reportedly were to be
carried out in fifty equal sessions, with a fifteen-day hiatus between each
punishment. In August, the daily Okaz reported that a court had ordered the
surgical removal of the left eye of an Egyptian, Abd al-Muti Abdel Rahman
Muhamed, after he was convicted of throwing acid in the face of another
Egyptian, injuring and disfiguring his left eye. The operation was performed in
a hospital in Medina. In addition to this punishment, Abdel Rahman was
reportedly fined U.S. $68,800 and sentenced to an undisclosed prison term.
The
inherent cruelty of such sentences was heightened by due process concerns about
the fairness of legal and administrative procedures. Under the 1983 Principles
of Arrest, Temporary Confinement, and Preventative Regulations, detainees had
no right to judicial review, no right to legal counsel, and could be held in
prolonged detention pending a decision by the regional governor or the minister
of interior. Suspects had no right to examine witnesses, or to call witnesses
of their own, and uncorroborated confessions could constitute the basis for
conviction and sentencing.
Hani
`Abd al-Rahim Hussain al-Sayegh, a Saudi citizen deported from the United
States on October 11, 1999, after the U.S. Attorney General's Office stated that
it lacked sufficient evidence to charge him in connection with the 1996 Khobar
Tower bombing in Dhahran that killed nineteen American troops, was held in
virtual incommunicado detention without charges and without access to legal
counsel for at least three months after his arrival in the kingdom. The U.S.
did not make public guarantees it claimed to have sought and received from
Saudi Arabia prior to his deportation that he would not be maltreated and would
receive a fair trial.
The
government heavily restricted religious freedom and actively discouraged
religious practices other than the Wahhabi interpretation of the Hanbali school
of Sunni Islam. Officially, non-Muslims were free to worship privately but in
October 1999 and January 2000, according to the U.S. State Department, two
Filipino Christian services were raided by the mutawwa'in, the state-financed
religious police known as the Committee to Promote Virtue and Prevent Vice.
Thirteen people were arrested the first time and another sixteen persons in
January; all were deported. Saudi officials reportedly said that the services
had too many participants to be considered private.
The
mutawwa'in also policed public display of religious icons and public worship or
practice of religions other than Wahhabi Islam, and had the authority to detain
Muslims and non-Muslims for up to twenty-four hours for offenses such as
indecent dress and comportment. Official intolerance extended to alternative
interpretations of Islam, and members of Saudi religious minorities continued
to be harassed or detained for the peaceful practice of their faith. Shia
Muslims, who constitute about eight percent of the Saudi population, faced
discrimination in employment as well as limitations on religious practices.
Shia jurisprudence books were banned, the traditional annual Shia mourning
procession of Ashura was discouraged, and operating independent Islamic
religious establishments remained illegal. At least seven Shi'a religious
leaders-Abd al-Latif Muhammad Ali, Habib al-Hamid, Abd al-Latif al-Samin,
Abdallah Ramadan, Sa'id al-Bahaar, Muhammad Abd al-Khidair, and Habib Hamdah
Sayid Hashim al-Sadah-reportedly remained in prison for violating these
restrictions.
Several
incidents during the year punctured the kingdom's stability. These included
violent clashes between Ismaili Shiites and security forces in the southwest
province of Najran in April; the August 9 shooting by a Saudi university
student at a housing complex for foreign defense workers in Khamis Mushayt near
the King Khalid air base in southwest Asir province in which authorities said
one Saudi Royal Air Force police officer was killed and another two seriously
injured; a two-day uprising at al-Jawf prison in the north, also in August; and
the hijacking of a Saudi Arabian Airlines plane flying from Jeddah to London on
October 14 by two armed Saudis whom the government identified as first
lieutenants in the security forces.
There
were conflicting accounts about the unrest in the southwest city of Najran
where Ismaili Shiites confronted security forces and the provincial governor in
April. The unrest was variously attributed to public Shi'a observance of Ashura
for the first time in many years, the closure of an Ismaili mosque, the arrest
of an Ismaili cleric, and tensions along Saudi's border with Yemen, where
Ismailis have strong links. Between April 14 and 16, according to the
London-based Committee to Protect Legitimate Rights in the Arabian Peninsula,
three Isma'ili religious scholars, Haythim al-Sayyid Muhammad al-Shakhs of
al-Ahsa, Abdullah al-Sayyid Hussain al-Nahwi of al-Mabraz, and Jud Juwwad
al-Nahwi of al-Mabraz, were arrested for their involvement with the outlawed
Islamic Action Movement. The same source named eleven religious scholars
forbidden from preaching and religious activities, and another twelve scholars
who remained imprisoned for such activities, some for as long as five years.
Ahmad bin Muhammad al-Khayat, a Shi'a Isma'ili cleric and according to Saudi
authorities an illegal Yemeni immigrant, was arrested on April 23 for
"practicing sorcery" while teaching in al-Mansura mosque in Najran.
No details were available on theprecise nature of his alleged offense, or
whether his activities were connected with Isma'ili religious practices deemed
idolatrous by Wahhabi doctrine. An associate of al-Khayat reportedly shot and
injured a policeman who was searching the cleric's home.
By
some accounts, Saudi religious police raided an Isma'ili mosque, closed it
down, and confiscated its books. Protesters then assembled in front of the home
of Najran's provincial governor, Prince Masha'al bin Saud bin Abd al-Aziz.
According to Agence France-Presse, the Interior Ministry deployed forces
overnight amidst warnings that the protesters were liable to be "arrested,
questioned, and tried in keeping with Islamic law." According to the Saudi
Press Agency, citing the Interior Ministry, security forces raided not a mosque
but the home of an "illegal resident" who was practicing
"sorcery." During the search and after the sorcerer was arrested, the
SPA said, one member of the security forces was shot and injured. At a
demonstration at the governor's headquarters calling for the release of the
alleged sorcerer, protesters fired guns and burned vehicles, killing one member
of the security forces and injuring others. There was no independent
confirmation of the numbers killed, injured and arrested in the days that
followed, and official government statements clearly sought to downplay the
incident.
On
August 11, some 400 inmates at the central prison in al-Jawf went on a two-day
rampage. According to an unnamed Saudi security official cited in press
reports, the prisoners attacked a guard, burned bedding in their cells, and
then rioted, causing extensive damage. Calm was reportedly restored the next
day, after police and special security forces were airlifted to the area to
assist the guards. The inmates reportedly were frustrated at the lack of
response to repeated complaints about prison conditions and sought a meeting
with the provincial governor. According to the Saudi official, demands included
the provision of newspapers, doors on bathrooms, and improved food, sanitation
and recreation.
Saudi
women continued to face severe discrimination in all aspects of their lives,
including the family, education, employment, and the justice system. Religious
police enforced a modesty code of dress and institutions from schools to
ministries were gender-segregated. This year a princess and distant cousin of
the king was appointed assistant under secretary at the Ministry of
Education-the highest position ever held by a Saudi woman-in charge of girls'
education. Saudi businesswomen continued to be active through their own
associations, including the Businesswomen's Forum in the Eastern Province.
According to one report, of the 76,000 members of the Jeddah, Riyadh and
Eastern Province chambers of commerce, some 5,500 were women.
Interior
Minister Prince Nayif bin Abdelaziz said in August that the kingdom's high
population growth rate and the large number of job-seeking graduates presented
"an economic, social, security and cultural problem." Unemployment
among Saudi citizens was an estimated 14 percent, and 20 percent among workers
aged twenty to twenty-nine years old, according to the chief economist at the
Saudi American Bank in Riyadh. The government therefore continued to take steps
to reduce its reliance on foreign workers, a process described as
"Saudiization," which Prince Nayif declared a "top
priority."
The
large population of foreign workers included some 1.2 million Egyptians and 1.2
million Indians, according to the U.S. State Department. Undocumented workers
included those who remained after entering the country to perform the haj or
umra, and those who stayed after the expiry of their work visas. Migrants have
long been subjected to restrictions such as the surrender of passports to Saudi
sponsors, limitations on freedom of movement, prohibitions on trade union
organizing, and lack of access to legal representation in cases of arrest.
Overstayers and violators of the iqama (residency permit system) were given a
July 2 deadline to obtain the proper authorizations or leave the country, which
authorities later extended to August 29, after which date all penalties were to
be "firmly implemented," the Interior Ministry said. Prince Nayif
said that iqama violators included those who left or fled their Saudi sponsors
or who were carrying out business activities on their own. Anyone without a
residence permit after the deadline faced fines of over U.S. $25,000, prison
sentences of six months, and deportation. Special police squads searched work
places and homes for violators, including both foreign workers and their Saudi
employers. Thousands of foreigners left or were expelled. For example, the
Nigerian press reported on July 20 that 1,000 Nigerians had already been
rounded up and deported, and Pakistani media said on September 27 that 2,441
Pakistani workers had been deported, in addition to thousands of undocumented
workers who left the country voluntarily. In September, the Ministry of Labor
and Social Affairs reportedly wrote to private firms with over twenty
employees, instructing them to increase by 25 percent the number of Saudis on
their payrolls.
Saudi
Arabia continued to provide refuge and financial support to Idi Amin, the
exiled Ugandan leader whose regime was responsible for a reign of terror that
left an estimated 300,00 dead in the 1970s. After fleeing Uganda in 1979, Amin
arrived in the kingdom at the invitation of the late King Faisal and reportedly
has since been protected by government-paid Saudi guards. A journalist with
Uganda's New Vision newspaper interviewed Amin in Jeddah in 1999 and reported
that he had moved from his home in the city center "to a more exclusive area...mainly
occupied by powerful oil sheikhs."
Defending Human Rights
Saudi
restrictions on access to the country, coupled with the lack of freedom of
association and expression, made it extremely difficult to obtain detailed
information about human rights conditions, and there were no independent human
rights organizations operating from inside the country either overtly or
clandestinely. Surveillance of telephone, the Internet, and postal
communications made it risky for persons inside the kingdom to provide
information. Saudis abroad were reluctant to speak of sensitive matters for
fear of repercussion on family members or future employment prospects. As of
October 2000, there were no indications that the new rights bodies announced by
the government in April had been set up or begun operation. It was also unclear
if the cabinet's August decision to ratify CEDAW, albeit with reservations,
would enable independent women's rights groups to organize and function freely
inside the kingdom.
Amnesty
International launched a worldwide campaign focused on Saudi Arabia-"End
Secrecy, End Suffering"-and published reports about the kingdom in March,
May, and October. The campaign provoked repeated public responses from Saudi
government officials that ranged from welcoming invitations to intense
criticism. On March 27, the Saudi Ministry of Foreign Affairs issued a detailed
statement saying that the kingdom had a "keen interest and commitment to
the cause of human rights," there were no political prisoners, and the
criminal justice system was "properly administered." Harsh words
followed from senior Saudi officials. For example, Defense Minister Prince
Sultan bin Abdul Aziz charged on April 11 at a joint press conference with
British Defense Minister Geoff Hoon that "all that has been said against
Saudi Arabia is motivated by hate." He added: "Those who have the
slightest doubt over human rights in Saudi Arabia should come to the kingdom to
see for themselves. We have six million non-Saudis who work in all fields and
enjoy their rights." Saudi newspapers on April 15 quoted Interior Minister
Prince Nayef, who dismissed as "merely nonsense" the allegations of
human rights abuses in the kingdom. The interior minister was also quoted the
same day as saying: "We welcome anyone to see for himself the facts in the
kingdom as it has nothing to conceal."
But
Foreign Minister Prince Saud al-Faisal appeared to exclude Amnesty
International from the interior minister's invitation to visit the kingdom. In
an interview with the Spanish daily El Pais, reported by Agence France-Presse
on April 16, he said: "If Amnesty International was seeking the truth and
if it informed itself honesty of the truth, we would consider a visit." He
continued: "But so long as it continues to use erroneous information as
its basis without taking into account our responses," the visit would have
"no sense." As of this writing, neither AmnestyInternational nor
Human Rights Watch have received positive responses to requests for access to
the kingdom.
After
the release of Amnesty International's second report, which concerned the
justice system, the criticism continued. For example, Minister Abdullah
al-Sheik said on May 9 that critics of the kingdom's rights record "have
misled many people with lies and fallacies which they spread through the
media." And on May 20 the daily al-Riyadh quoted Prince Turki bin Muhamed,
deputy foreign minister for political affairs, charging: "The target of
Amnesty's campaign against Saudi Arabia is Islam."
The Role of the International Community
United Nations
Saudi
Arabia for the first time was elected as one of the fifty-three members of the
U.N. Commission on Human Rights for the 2001-2003 term. On April 6, Prince
Turki bin Muhammad Saud al-Kabir told the commission that "the Kingdom of
Saudi Arabia and the other members of the Organization of the Islamic
Conference are jointly seeking to promote the universality of human
rights." The prince stated that the kingdom prohibited any form of
torture, and that his government did "not prohibit exercise of freedom of
expression and assembly provided that this is neither prejudicial to public
order nor detrimental to public morals," and that all laws applied
"to both sexes without distinction or exception."
Prince
Turki also told the commission that the government would set up "a
national governmental body, reporting directly to the Prime Minister and headed
by a high-level official, vested with authority to look into all human rights
issues." He added that "an independent non-governmental national
body" would also be established " to help to publicize and protect
human rights, to affirm the need for compliance with the regulations pertaining
thereto and to advocate the punishment of offenders." He stated that
"human rights sections" would be created in various government
agencies, including the Ministry of Justice, the Ministry of the Interior, the
Ministry of Foreign Affairs and the Ministry of Labor, "to emphasize the
vital need for compliance with human rights regulations and principles,"
and that new regulations would be adopted to govern the legal profession and
legal counseling.
The
prince extended an invitation to the U.N. special rapporteur on the
independence of judges and lawyers to study the Saudi court system. In July,
the Consultative Council, an advisory body, deliberated over a new draft law
for regulation of legal procedures.
On
September 7 Crown Prince Abdallah signed at the U.N. the Convention on the
Elimination of all Forms of Discrimination Against Women (CEDAW), although it
was too early to assess the practical effect on women's rights in the kingdom.
On
October 25, Secretary-General Kofi Annan announced the appointment of Thoraya
Ahmed Obeid, a Saudi woman who has served in U.N. posts since 1975, as
executive director of the U.N. Population Fund. "Today, all the Saudi
women are recognizing that you broke the ceiling one more time for Saudi women,
and we thank you for that," she told Annan. She also was quoted as saying:
"Once you talk about human rights, you talk about women, you talk about
freedom. It is a process the country is going through," adding that she
hoped it would "impact on my sisters in Saudi Arabia and make a difference
in our lives."
European Union
The
European Commission continued to negotiate with the Gulf Cooperation Council
(of which Saudi Arabia is the leading member) for a free trade agreement. The
Joint Communique of the E.U.-GCC Ministerial Meeting issued November 2, 1999,
said that "The GCC Ministers, while noting the diversity of systems of values,
which should be taken fully into consideration, joined the E.U. in reiterating
their continuing commitment to the promotion and protection of human
rights." European countries, along with the U.S. and Japan, have called
for Saudi admission to the World Trade Organization.
According
to the Saudi government, Western-based multinational oil companies were
committed to investing some U.S. $100 billion in the kingdom's natural gas and
petrochemical sectors over the next two decades. In July, it was revealed that
twelve corporations had been shortlisted to prepare detailed project proposals,
including four based in Europe: Royal Dutch/Shell Group, BP Amoco, ENI, and
Total Fina Elf.
United Kingdom
Noting
that in 1999 Saudi Arabia was the nineteenth largest export market in the
world, the British government reported that the kingdom was its largest market
in the Middle East, with exports of £1.5 billion. The United Kingdom maintained
a hefty arms trade with Saudi Arabia, although exports declined in 1999 to £131
million sterling from £803 million in 1998.
Foreign
office minister of state Peter Hain noted in a speech on June 20 at the
Investing in Saudi Arabia conference in London that Britain was the second
largest investor in Saudi Arabia with investments totalling U.S. $3.5 billion.
He noted that some 30,000 Britons resided in the country, and there were more
than ninety joint ventures between British and Saudi companies. He reported
that top British corporations in Saudi included GlaxoWellcome, Shell, Rolls-Royce,
BAE Systems, Tate & Lyle, and Unilever.
Hain
added: "Saudi Arabia is important. We all know why. It remains the
economic powerhouse of the region. Saudi Arabia is one of the few countries
that can still dictate business on its own terms, sometimes against all the
odds of the economics textbooks. Who else could have the international banks
lending so readily? Who else could have the international oil companies
queuing-up to invest billions of dollars?"
United States
U.S.
Defense Secretary William Cohen was asked at an April 9 joint press briefing in
Jeddah with his Saudi counterpart Prince Sultan bin Abdulaziz al-Saud to
discuss areas of disagreement between the United States and Saudi Arabia.
"That's a very easy answer," he replied. "There are no points of
disagreement between his Royal Highness and myself or between the kingdom of
Saudi Arabia and the United States."
Saudi
Arabia was the largest market in the region for American products, and the U.S.
once again was Saudi Arabia's number one trading partner, with military and
civilian exports of U.S. $7.9 billion in 1999, according to an April 2000
report of the U.S. embassy in Riyadh. The kingdom was among the world's top ten
military spenders, the State Department said in its August 2000 report, World
Military Expenditures and Arms Transfers 1998, and the number one recipient of
U.S. arms exports in the period 1995-1997, with $13.7 billion in sales.
About
4,000 U.S. troops were stationed at Prince Sultan air base. Ministerof Defense
Prince Sultan said on April 9 that rumors of a reduction of U.S. forces in
Saudi Arabia were "not correct." He visited Washington, D.C., on
November 1-4, 1999 at the invitation of Secretary of Defense Cohen, and had
meetings with President Clinton, Secretary of State Albright, Secretary Cohen
and other senior officials. The State Department issued a joint statement on
November 5, saying that topics of discussion included "the close
cooperation of the two governments, particularly military and economic cooperation,"
and that the two countries "agreed that continuing high-level military
contact and joint military training enhance[d] preparedness help[ed] sustain
security and peace in the Middle East and throughout the world." On July
20, the Defense Department announced a proposed $475 million military sale to
Saudi Arabia for 500 AIM-120C Advanced Medium Range Air to Air Missiles and
other logistical and program support.
At
a press conference in Riyadh on February 26, U.S. Energy Secretary Bill
Richardson termed Saudi Arabia "a good friend and strong ally" of the
U.S., and noted that ties were cemented by "a strong trade relationship, a
significant investment relationship, a valued strategic partnership and a
long-standing energy relationship." He also said that the U.S. welcomed
the kingdom's decision to "revise the foreign capital investment law to
make it more attractive for foreign investors to do business in Saudi
Arabia," and that U.S. companies were "very pleased with the prospect
of participation in the gas upstream sector and other potential foreign
investment opportunities."
Saudi
officials stressed the importance of U.S. support for the kingdom's entry into
the World Trade Organization (WTO). At a banquet on September 5 in New York
hosted by the Saudi-American Business Council, Crown Prince Abdullah said:
"We expect that official U.S. agencies and the U.S. business community
will support our efforts to complete the procedures to win WTO
membership." The U.S. embassy in Riyadh noted in an April report that
accession to the WTO was "the keystone of Saudi Arabia's economic reform
program." It was reported in September that Crown Prince Abdullah would be
meeting in New York with representatives of the eight U.S.-based oil companies
selected in August to further pursue energy development projects in Saudi
Arabia: Chevron, Conoco, ExxonMobil, Marathon, Phillips, Texaco, Enron, and
Occidental.
The
State Department once again issued a critical written assessment of Saudi
Arabia's human rights practices in its annual country report, issued in
February, but Clinton administration officials once again did not raise rights
issues publicly. In a scathing indictment of the kingdom's practices, the U.S.
Commission on International Religious Freedom wrote to Secretary of State
Albright recommending that Saudi Arabia be added to the list of "countries
of particular concern," pursuant to the 1998 International Religious
Freedom Act, for "particularly severe violations of religious
freedom." The commission stated that "the government brazenly denies
religious freedom and vigorously enforces its prohibition against all forms of
public religious expression other than that of Wahabi Muslims. Numerous
Christians and Shi'a Muslims continue to be detained, imprisoned and deported." |