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Saudi Arabia

Executive Summary

The Kingdom of Saudi Arabia is a monarchy ruled by King Salman bin Abdulaziz Al Saud, who is both head of state and head of government. The 1992 Basic Law sets out the system of governance, rights of citizens, and powers and duties of the government, and it provides that the Quran and Sunna (the traditions of the Prophet Muhammad) serve as the country’s constitution. It specifies that the rulers of the country shall be male descendants of the founder, King Abdulaziz (Ibn Saud).

The State Security Presidency, National Guard, and Ministries of Defense and Interior, all of which report to the king, are responsible for law enforcement and maintenance of order. The State Security Presidency includes the General Directorate of Investigation (mabahith), Special Security Forces, and Special Emergency Forces; police are under the Ministry of Interior. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: executions for nonviolent offenses; forced disappearances; torture and cases of cruel, inhuman, or degrading treatment of prisoners and detainees by government agents; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners or detainees; harassment and intimidation against Saudi dissidents living abroad; arbitrary or unlawful interference with privacy; collective punishment of family members for offenses allegedly committed by an individual; serious abuses in a conflict, including civilian casualties and damage to civilian infrastructure as a result of airstrikes in Yemen; serious restrictions on free expression and media, including unjustified arrests or prosecutions against journalists and others, and censorship; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; severe restrictions of religious freedom; restrictions on freedom of movement; inability of citizens to choose their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government restrictions on domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence; criminalization of consensual same-sex sexual activity; and restrictions on workers’ freedom of association, the role of trade unions, and labor committees.

In several cases the government did not investigate, prosecute, or punish officials accused of committing human rights abuses, contributing to an environment of impunity. The government prosecuted some officials for corruption, although there were allegations of significant due process violations and other human rights abuses, including allegations of torture, in these cases.

Houthi militant attacks from Yemen caused civilian casualties and damage to infrastructure.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is a criminal offense under sharia with a wide range of penalties, from flogging to execution. The law does not recognize spousal rape as a crime. The government enforced the law based on its interpretation of sharia, and in some cases courts punished victims as well as perpetrators for illegal “mixing of genders,” even when there was no conviction for rape. Survivors must prove that a rape was committed, and a woman’s testimony in court was not always accepted.

Due to these legal and social obstacles, authorities brought few cases to trial. Statistics on incidents of, and prosecutions, convictions, or punishments for rape were not available. Most rape cases were likely unreported because survivors faced societal and familial reprisal, including diminished marriage opportunities, criminal sanctions up to imprisonment, or accusations of adultery or sexual relations outside of marriage, which are punishable under sharia. There were reports that domestic abuse in the form of incest occurred but was seldom reported to authorities due to fears of societal repercussions, according to local sources.

The law against domestic violence defines domestic abuse broadly and criminalizes domestic abuse with penalties of one month to one year of imprisonment or a fine unless a court provides a harsher sentence.

Researchers stated it was difficult to gauge the magnitude of domestic abuse, which they believed to be widespread. Recent studies varied widely, finding the rate of domestic abuse among women to be anywhere between 15 to 60 percent. In July, referencing a Ministry of Health report, local media reported authorities were investigating more than 2,700 domestic violence cases, in which 75 percent of the alleged survivors were female. The National Family Safety Program, a quasi-governmental organization under the Ministry of National Guard, is charged with spreading awareness of and combatting domestic violence, including child abuse, and continued to report abuse cases.

Officials stated the government did not clearly define domestic violence and procedures concerning cases, including thresholds for investigation or prosecution, and thus enforcement varied from one government body to another. Some women’s rights advocates were critical of investigations of domestic violence, claiming investigators were hesitant to enter a home without permission from the male head of household, who may also be the perpetrator of violence. Activists reported the situation had improved in recent years, with greater awareness of resources for domestic violence survivors, such as the domestic violence hotline managed by the Ministry of Human Resources and Social Development. They also noted a continued increase in authorities’ willingness to investigate and prosecute domestic violence perpetrators, but they expressed concern that some police departments continued to neglect domestic violence cases.

On January 27, Prisoners of Conscience reported that a woman known only as Manal was arrested after publishing details on the disappearance and death of her 26-year-old sister, Qamar, allegedly at the hands of their two brothers. Manal stated on Twitter that her two brothers killed Qamar for setting up a public Snapchat account. Authorities in al-Kharj stated they arrested two individuals in connection with the murder on January 21. As of November, Manal’s whereabouts were unknown.

The government made some efforts to reduce domestic violence. The Ministry of Human Resources and Social Development administered government-supported family-protection shelters, although women reported that remaining in the shelters was not always voluntary. On March 29, the HRC and the Mawaddah Charitable Association signed a memorandum of understanding to increase coordination and antidomestic violence awareness efforts. It would establish an independent body to research domestic violence, propose changes to the legal framework, and develop specialized centers for survivors, local media reported. No additional information on implementation of the memorandum was available as of December.

Female Genital Mutilation/Cutting (FGM/C): The official government interpretation of sharia prohibits the practice; however, some studies indicated up to 18 percent of women reported having undergone some type of FGM/C.

Sexual Harassment: The extent of sexual harassment was difficult to measure, with little media reporting and no official government data. No statistics were available on the incidence of sexual harassment due to reluctance to report violations.

On January 12, the Council of Ministers approved an amendment to the antiharassment law that allows for the public release of names of those convicted for harassment, as a deterrent and to prevent offenders’ employment in certain jobs. The law criminalizing sexual harassment carries a maximum penalty of five years in prison and a substantial fine. The HRC stated that a legal punishment against sexual harassment is irreversible, even if the victim renounced his or her own rights or did not file a legal complaint.

Local media reported a number of incidents of harassment during the year. In March the Public Prosecutor’s Office ordered the arrest of a man seen in a video insulting and assaulting two young women in the streets of Riyadh and filed a criminal suit against him. On February 22, local media reported that former shura council member Iqbal Dandari won a case against a man for cyberharassment. Details regarding the case were unknown. On September 26, local media reported a number of sexual harassment incidents during National Day celebrations. Security authorities arrested and referred to the Public Prosecutor’s Office three Saudi citizens in Medina, a Saudi and an Egyptian resident in Riyadh, and a Saudi citizen in Taif for harassing women.

In April the HRC launched a specialized group for confidential support of victims of sexual harassment and their families with psychological counseling and educational, social, and legal guidance.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Premarital sex is illegal under sharia law, and hospitals and health centers may report extramarital pregnancies to police. Access to most contraceptives required a prescription, but condoms were available at pharmacies and supermarkets for over-the-counter purchase. According to 2020 estimates by the UN Population Fund, 15 percent of all women and 23 percent of married women between the ages of 15 and 49 used a modern method of contraception.

In some cases women may be discouraged from making certain reproductive health decisions due to cultural and religious beliefs, social pressure, and lack of awareness of their rights.

Almost all women had access to skilled health attendants during pregnancy and childbirth. The most recent UN Population Fund estimates reported that skilled health personnel attended 99 percent of births between 2010 and 2019. While some women in rural areas had to travel to the closest medical facility to receive treatment, others received health services from Ministry of Health-sponsored mobile health clinics. According to the government, women are entitled to medical assistance during pregnancy and delivery; the right to decide the details of their deliveries; and obtain maternity care in a language she understands and is appropriate to her cultural and religious beliefs. Adult women also have the right to consent to any medical procedures.

Governmental and quasi-governmental agencies provided medical care to sexual violence survivors as well as psychological and social support. The Ministry of Human Resources and Social Development’s Center for Protection Against Abuse runs a 24-hour hotline and shelters across the country with access to medical care for victims of sexual violence, while the quasi-governmental National Family Safety Program agency provided medical support to sexual abuse victims. (See sections 2.g. and 6, Children, for issues related to legal status for children born outside of marriage.)

Discrimination: Women continued to face discrimination under law and custom. A series of regulations issued from 2019 through year’s end, however, granted women many of the same rights enjoyed by men pertaining to travel abroad, civil status, and employment.

Most restrictions under the guardianship system, which had required women to have permission from close male relatives to conduct certain actions, were eliminated. There were reports, however, that government and nongovernment entities, primarily in rural areas, continued to require women to obtain guardian permission prior to providing services.

Women older than 18 have the right to perform several actions pertaining to civil status that were previously limited to men. These included registering the birth of a child; registering the death of a spouse or close relative; registering a marriage or divorce (whether initiated by the husband or wife); and being designated “head of household,” thereby allowing women to serve as the guardian of their minor children. Women can also obtain from the Civil Status Administration a “family registry,” which is official documentation of a family’s vital records that verifies the relationship between parents and children. This reform allows mothers to perform administrative transactions for their children, such as registering them for school or obtaining services at a hospital.

In June judicial authorities amended the absenteeism law, or taghayyub, to allow all unmarried, divorced, or widowed women to live alone without the consent of a male guardian. The amendment followed a July 2020 court decision in which a court ruled in favor of Maryam al-Otaibi, a Saudi woman who lived independently in Riyadh, despite prosecutors’ attempt to convict her for absenteeism. Under the previous absenteeism law, guardians could report the unauthorized absence of anyone under their guardianship, which could lead to the arrest, detention, or forcible return of the individual.

In advance of Hajj in July, authorities ended the male guardian requirement for women to participate in the annual pilgrimage.

Adult women may legally own property and are entitled to financial support from their husbands or ex-husbands. They can make their own determinations concerning hospital care and no longer need a male guardian’s permission to start a business.

By law women have equal rights to employment. On January 14, the Ministry of Human Resources and Social Development banned employee discrimination on the basis of race, color, gender, age, or disability, citing reforms to human resources laws. Commenting on a job advertisement that contained gender discriminatory language, the ministry stated it violated the labor law, stressing that citizens have equal employment rights without any form of discrimination, including gender.

On February 21, the Ministry of Defense began allowing women to serve in the army, air defense, navy, strategic missile force, and armed forces medical services as enlisted personnel, but not as officers. In November data from the Ministry of Human Resources and Social Development’s National Labor Observatory showed women constituted 60 percent of Saudi youth who joined the local employment market during the first nine months of the year.

Women no longer require a guardian’s permission to exit prisons after completing their terms.

The law permits women to transmit citizenship to their children under certain circumstances (see section 2.g. and section 6, Children). The country’s interpretation of sharia prohibits Muslim women from marrying non-Muslims, but Muslim men may marry non-Muslim women. Women require government permission to marry noncitizens; men must obtain government permission if they intend to marry citizens from countries other than Gulf Cooperation Council-member states (Saudi Arabia, Bahrain, Kuwait, Oman, Qatar, and the United Arab Emirates). Regulations prohibit men from marrying women from Bangladesh, Burma, Chad, and Pakistan. The government additionally requires Saudi men wishing to marry a second wife who is a foreigner to submit documentation attesting to the fact that his first wife was disabled, had a chronic disease, or was sterile.

Few businesses still required or pressured women to sit in separate, specially designated family sections in public places.

Cultural norms selectively enforced by state institutions require women to wear an abaya (a loose-fitting, full-length cloak) in public. Female foreigners, like males, were only required to dress “modestly.”

Women faced discrimination in courts, where in some cases the testimony of a woman equals one-half that of a man. Women have begun practicing law, but all judges are male. In divorce proceedings, women must demonstrate legally specified grounds for divorce, but men may divorce without giving cause, citing “irreconcilable differences.” In doing so, men must pay immediately an amount of money agreed at the time of the marriage that serves as a one-time alimony payment. Men may be forced, however, to make subsequent alimony payments by court order. The government began implementing an identification system based on fingerprints, designed to provide women more access to courts, even if they chose to cover their faces with the niqab covering.

In February 2020 the Justice Ministry ended the so-called secret divorce, whereby men could divorce their wives without the woman’s consent or knowledge. The ministry also canceled an article in the marriage law that gave a husband the right to force his wife to return to her home against her will.

A woman needs a guardian’s permission to marry or must seek a court order in the case of adhl (male guardians refusing to approve the marriage of women under their charge). In such cases the judge assumes the role of the guardian and may approve the marriage. During the year courts executed marriage contracts for women whose male guardians refused to approve their marriage, according to informed judicial sources quoted by local media. According to local media in 2020, courts considered an average of 750 marriage contract cases annually.

In February the crown prince announced forthcoming legal reforms that would impact the personal status law and expand protections for women. On October 24, Minister of Justice Walid al-Samaani stated the personal status draft law would address a woman’s agreement to marriage, preserving her and her children’s financial and alimony rights, as well as other issues related to divorce requests. Additional details regarding these reforms were not made public by year’s end.

Courts routinely awarded custody of children when they attain a specified age (seven years for boys and nine years for girls) to the divorced husband or the deceased husband’s family. In some cases former husbands reportedly prevented divorced noncitizen women from visiting their children.

Sharia-based inheritance laws discriminate against women, giving daughters one-half the inheritance awarded to their brothers.

According to recent surveys, women constituted 52 percent of public education and higher education students. Segregated education through the university level was standard. Some private universities, such as -Faisal University, offered partially segregated classes with students receiving instruction from the same teacher and able to participate together in class discussion, but with the women and men physically separated by dividers. A few other government universities offered coeducation in selected programs, largely in the sciences. Private international and national schools may offer coeducation at any grade; most private international schools are coeducational, while most private national schools are segregated. Primary public schools offered mixed-gender education up to the third grade.

Systemic Racial or Ethnic Violence and Discrimination

Although racial discrimination is illegal, societal discrimination against members of national, racial, and ethnic minorities was a problem. Descendants of former slaves in the country, who have African lineage, faced discrimination in both employment and society. There was formal and informal discrimination, especially racial discrimination, against foreign workers from Africa and Asia. There was also discrimination based on tribal or nontribal lineage. A tolerance campaign by the King Abdulaziz Center for National Dialogue sought to address discrimination, and it provided training during the year to combat discrimination against national, racial, or ethnic groups.

Children

Birth Registration: Citizenship generally derives from the father, and both the father and mother may register a birth. There were cases of authorities denying public services to children of citizen parents, including education and health care, because the government failed to register the birth entirely or had not registered it immediately, sometimes because the father failed to report the birth or did not receive authorization to marry a foreigner. Children of women who were married to foreign spouses receive permanent residency, but their residency status is revocable in the event of the death of the Saudi mother (see section 2.g., Stateless Persons). On June 25, the social security administration announced children from foreign fathers and Saudi mothers will be allowed to benefit from their mother’s pension, as long as she is widowed or divorced. In January the HRC stated that a child born in the country to unknown parents would be considered a Saudi citizen.

Child Abuse: Abuse of children occurred. The National Family Safety Program operated a helpline dedicated to assisting children in matters ranging from bullying to abuse, providing counseling, tracking, and referrals to social services. The Ministry of Human Resources and Social Development had 17 social protection units across the country providing social protection to children younger than 18 as well as other vulnerable populations suffering domestic violence and abuse. Child abuse is a crime punishable by one year’s imprisonment, a maximum fine of 50,000 riyals ($13,300), or both.

On January 30, local media reported that the family protection unit in Jizan investigated the case of a 15-year-old girl abused by her father, stating that legal actions would be taken against him. There were no updates as of November.

Child, Early, and Forced Marriage: The minimum age for marriage is 18; those younger than that age may marry only with court approval. According to local media, the court ensures several conditions are met before approving a marriage contract for a bride or groom younger than 18, including assessing their psychosocial development and hearing statements from the potential bride, groom, and guardians to determine consent. The HRC and NSHR monitored cases of child marriages, which they reported were rare or at least rarely reported, and took steps to prevent consummation of such marriages. The application for a marriage license must record the bride’s age, and registration of the marriage is a legal prerequisite for consummation.

Sexual Exploitation of Children: The cybercrimes law stipulates that punishment for such crimes, including the preparation, publication, and promotion of material for pornographic sites, may be no less than two and one-half years’ imprisonment or a substantial fine if the crime includes the exploitation of minors. The law does not define a minimum age for consensual sex. In February a woman was arrested for sexually abusing a girl in Riyadh. The woman allegedly filmed herself and the girl and posted the footage on social media. In the same month, Mecca police arrested a man for sexually harassing a child. He reportedly posted a video of the harassment on social media.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were no known data on Jewish citizens and no statistics available concerning the religious denominations of foreigners.

Cases of government-employed imams using anti-Semitic language in their sermons were generally rare but occurred more frequently during the May conflict in Gaza. The law requires government-employed imams to deliver all sermons in mosques in the country. The Ministry of Islamic Affairs vets all sermons. During the year the ministry issued periodic circulars to clerics and imams in mosques directing them to include messages on the principles of justice, equality, and tolerance and to encourage rejection of bigotry and all forms of racial discrimination in their sermons.

On January 30, a Washington Post article cited expert assessments that anti-Semitic references and language in Saudi textbooks had been removed or tempered, including calls to “fight the Jews.” Nonetheless, some concerns remained regarding anti-Semitic themes in textbooks; for example, a textbook’s passage refers to a Quranic text that suggests God changed a group of Israelites into “monkeys.”

A report by the Anti-Defamation League (ADL) stated that the October Riyadh International Book Fair included exhibitors selling more than two dozen notoriously anti-Semitic books. The ADL noted that the presence of these anti-Semitic books at the largest book fair in the country “seem[s] at odds with some positive Saudi trends.”

In January a group of Israeli drivers traveled to Saudi Arabia to compete in the Dakar Rally, despite a ban on Israeli travelers to the country. On February 2, the English-language newspaper Arab News ran an op-ed by two Israeli writers, Hay Eyta Cohen Yanarocak and Jonathan Spyer, believed to be the first time a Saudi newspaper knowingly published Israeli writers.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law mandates the state to “protect human rights in accordance with Islamic law,” which the Authority for Persons with Disabilities notes includes justice, equity, and antidiscrimination on any grounds, including disability. On January 14, the Ministry of Human Resources and Social Development banned workplace discrimination, including on the basis of disability (see section 6, Women). On April 21, the ministry announced that all private and government institutions were obliged to meet certain accessibility requirements within six months; accommodations were implemented at some government buildings, retail establishments, and sidewalks. Local media reported that the ministry had formed expert committees to oversee the implementation of accessibility requirements that would follow the building code and accessibility standards developed by the King Salman Center for Disability Research. Newer commercial buildings often included such access, as did some newer government buildings.

The Ministry of Human Resources and Social Development is responsible for protecting the rights of persons with disabilities. Vocational rehabilitation projects and social care programs increasingly brought persons with disabilities into the mainstream. Children with disabilities could attend government-supported schools. The Ministry of Education took measures to integrate students with disabilities, including special education programs in regular schools, training faculty members who work with students with disabilities and providing technological instruments for students with disabilities free of charge. On September 29, the education minister stated students with disabilities would have equal educational opportunities to help them integrate into the labor market, adding that the ministry had prepared a teaching and training strategy to ensure students with disabilities students received proper education and training.

Persons with disabilities were elected and appointed to municipal councils in 2015, and two individuals with disabilities served on the consultative Shura Council, which was reconstituted in 2016.

There were no reports of societal violence or discrimination against persons with HIV or AIDS. By law the government deported foreign workers who tested positive for HIV or AIDS upon arrival or who tested positive when hospitalized for other reasons. There was no indication that HIV-positive foreigners failed to receive antiretroviral treatment or that authorities isolated them during the year. The Ministry of Health’s HIV/AIDS program worked to counter stigma and discrimination against persons with HIV or AIDS.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Under sharia, as interpreted in the country, consensual same-sex sexual conduct is punishable by death or flogging, depending on the perceived seriousness of the case. It is illegal for men “to behave like women” or to wear women’s clothes, and vice versa. Due to social conventions and potential persecution, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) organizations did not operate openly, nor were there LGBTQI+ rights advocacy events of any kind. There were reports of official and societal discrimination, physical violence, and harassment based on sexual orientation or gender identity in employment, housing, access to education, and health care. Clerics condemned homosexuality during government-approved Friday sermons at some mosques.

During the year local newspapers featured opinion pieces condemning homosexuality and calling on authorities to punish harshly individuals engaging in same-sex relations.

On October 24, local media reported that Northern Borders Province police arrested and referred for prosecution five men who appeared in public in women’s clothing. The men filmed themselves and posted the video on social media in an apparent attempt to attract more social media followers. A police spokesman described their conduct as “inconsistent with the public morals of society.”

Observers at the December MDLBeast Soundstorm music festival reported that it included the public display of LGBTQI+ culture.

Social, legal, economic, and political discrimination against the country’s Shia minority continued. HRW claimed that some state clerics and institutions “incited hatred and discrimination against religious minorities, including the country’s Shia Muslim minority.”

To address the problem, the Ministries of Defense and Interior and the National Guard included antidiscrimination training in courses offered by the King Abdulaziz Center for National Dialogue for police and other law enforcement officers.

Section 7. Worker Rights

The law does not provide for the right of workers to form and join independent unions; however, trade unions and labor committees existed. The law does not provide for the right to collective bargaining or the right to conduct legal strikes. Workers faced potential dismissal, imprisonment, or, in the case of migrant workers, deportation for unsanctioned union activities.

The government allowed citizen-only labor committees in workplaces with more than 100 employees, but it placed undue limitations on freedom of association and was heavily involved in the formation and activities of these committees. For example, the Ministry of Human Resources and Social Development approves the committee members and authorizes ministry and employer representatives to attend committee meetings. Committee members must submit the minutes of meetings to management and then transmit them to the minister; the ministry can dissolve committees if they violate regulations or are deemed to threaten public security. Regulations limit committees to making recommendations to company management that are limited to improvements to working conditions, health and safety, productivity, and training programs.

The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity. There was little information on government efforts to enforce applicable laws and whether penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

The law does not prohibit or criminalize all forms of forced or compulsory labor, and forced labor occurred, especially among migrant workers, notably domestic workers. Conditions indicative of forced labor experienced by foreign workers reportedly included withholding of passports, nonpayment of wages, restrictions on movement, and verbal, physical, and sexual abuse. The law prohibits the confiscation of passports and nonpayment of wages. Penalties for violations of labor laws were not commensurate with those for other analogous serious crimes, such as kidnapping. The government improved enforcement of the law, including electronic systems to monitor and ensure compliance. On March 14, the government announced the Labor Reform Initiative, which eliminated the need for many private-sector workers to obtain their employer’s permission to obtain an exit and re-entry visa, obtain a final exit visa, or change employers at the conclusion of their contract or after one year. This provided increased freedom of movement and lessened the risks of forced labor for seven million private-sector workers. According to the Human Resources Ministry, as of November, 65,000 workers had successfully changed employers. The Labor Reform Initiative does not apply to domestic workers (see section 2.d.).

Many migrant workers, particularly female domestic workers, who are not covered under the labor law, were unable to exercise the right to terminate their employment contract, change employers, or leave the country without undue restrictions. Employers may require a trainee to work for them upon completion of training for a period not to exceed twice the duration of the training or one year, whichever is longer.

The government expanded to all private-sector companies the implementation of the Wage Protection System, which requires employers to pay foreign workers by electronic transfer through a Saudi bank. The government also implemented a mandatory e-contract system that includes type of work, salary, duration of contract, working hours, and annual leave. Contracts were verified by both the employer and employee. The government reported it used the Mudad platform to track Wage Protection System and e-contract compliance in real-time and imposed penalties for any firm that failed to maintain at least 80 percent compliance on a monthly basis.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits and criminalizes all the worst forms of child labor and provides for a minimum age of employment. The law provides that no person younger than 15 may legally work unless that person is the sole source of support for the family. Children between the ages of 13 and 15 may work if the job is not harmful to health or growth and does not interfere with schooling. A ministerial decree provides that hazardous operations, such as use of power-operated machinery, or harmful industries, such as mines and quarries, may not employ legal minors. Children younger than 18 may not be employed for shifts exceeding six hours a day. There is no minimum age for workers employed in family-owned businesses or other areas considered extensions of the household, such as farming, herding, and domestic service.

The HRC and NSHR are responsible for monitoring enforcement of child labor laws. There was little information on government efforts to enforce applicable laws and whether penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Authorities mostly enforced the law in response to complaints regarding children begging on the streets.

Most child labor involved children from other countries, including Yemen and Ethiopia, forced into begging rings, street vending, and working in family businesses.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The labor law in general prohibits discrimination in the terms of recruitment as well as during employment. The law mandates that employers treat all workers equally and barred discrimination on the basis of gender, disability, age, or any other forms of discrimination, whether in work, employment, or advertising a vacancy. No regulations prohibit discrimination on the basis of religion, political opinion, national origin or citizenship, sexual orientation or gender identity, language, or HIV-positive status. Gender-based violence and harassment occurred in the workplace (see section 6, Women). Discrimination with respect to employment and occupation occurred in all these categories. There are no effective complaint resolution mechanisms to determine whether any existing penalties were commensurate with other laws on civil rights, such as election interference.

Women may work without their guardian’s permission, but some employers required applicants to submit proof of it, even though the law prohibits the practice. A 2019 decree expanded previous regulations barring employers from firing female workers on maternity leave and includes protection from dismissal for pregnancy-related illness if the absence is less than 180 days per year. Employers who violate the antidiscrimination law can be fined. The antidiscrimination law only applies to citizens and does not protect the rights of expatriates. There was widespread societal discrimination against African and Asian expatriate workers.

In recent years women’s labor participation increased significantly, including in sectors traditionally dominated by men (see section 6, Women). Prohibitions on employment of women in some hazardous jobs and night shifts were lifted. The Ministry of Human Resources and Social Development explicitly approved and encouraged employment of women in specific sectors, particularly in government and retail, but women continued to face societal discrimination, and gender segregation continued in the workplace. In medical settings and the energy industry, women and men worked together, and in some instances, women supervised male employees. There were no women working as judges or as members of the Council of Senior Religious Scholars.

The first-quarter Labor Market Report by the General Authority for Statistics found the labor force participation rate of the total female working-age population was 33.6 percent. Most non-Saudi women were employed as domestic workers.

No regulation requires equal pay for equal work. In the private sector, the average monthly wage of Saudi women workers was 64 percent of the average monthly wage of Saudi men. Labor dispute settlement bodies did not register any cases of discrimination against women.

The law grants women the right to obtain business licenses without the approval of their guardians, and women frequently obtained licenses in fields that might require them to supervise foreign workers, interact with male clients, or deal with government officials. Women who work in establishments with 50 or more female employees have the right to maternity leave and childcare. Bureaucratic procedures largely restricted women working in the security services to employment in women’s prisons, at women’s universities, and in clerical positions in police stations, where they were responsible for visually identifying other women, for example those wearing niqabs, for law enforcement purposes. In 2020 the military chief of general staff inaugurated the first women’s wing in the armed forces, and on April 25, the Ministry of Defense created a joint admissions portal for upcoming military positions open to both women and men. In September the first class of women graduated from the Saudi Armed Forces Training Academy.

Discrimination with respect to religious beliefs occurred in the workplace. Members of the Shia community complained of discrimination based on their religion and had difficulty securing or being promoted in government positions. They were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard. In predominantly Shia areas, Shia representation was higher in the ranks of traffic police and employees of municipalities and public schools. A small number of Shia occupied high-level positions in government-owned companies and government agencies. Shia were also underrepresented in employment in primary, secondary, and higher education.

e. Acceptable Conditions of Work

Wage and Hour Laws: The monthly minimum wage for public-sector employees was above the estimated poverty-income level. There was no private-sector minimum wage for foreign workers.

By law a standard workday is eight hours. A standard workweek is 48 hours but can extend to 60 hours, subject to payment of overtime, which is 50 percent more than the basic wage. The law requires employers to provide paid holidays on Eid al-Fitr, Eid al-Adha, and Saudi National Day but does not apply to domestic workers sponsored by individuals rather than companies.

An estimated 10.2 million foreign workers, including approximately 1.4 million women, made up approximately 75 percent of the labor force, according to the General Authority for Statistics’ labor market survey for the first quarter. Legal workers generally negotiated and agreed to work conditions prior to their arrival in the country, in accordance with the contract requirements contained in the law.

The law provides penalties for bringing foreigners into the country to work in any service, including domestic service, without following the required procedures and obtaining a permit. Penalties, however, were not commensurate with those for similar crimes, such as fraud.

Occupational Safety and Health: The government issued occupational safety and health standards that were up-to-date and appropriate for the main industries. The law provides for regular safety inspections and enables ministry-appointed inspectors to make unannounced inspections, initiate sanctions, examine materials used or handled in industrial and other operations, and submit samples of suspected hazardous materials or substances to government laboratories. The government effectively enforced the law.

The Ministry of Health’s Occupational Health Service Directorate worked with the Ministry of Human Resources and Social Development on health and safety matters. Responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker. By law employers are obligated to safeguard safety and health requirements in the workplace to protect employees from harm and disease. Regulations require employers to protect some workers from job-related hazards and disease, although some violations occurred. Penalties for violations of occupational safety and health laws were not commensurate with those for crimes such as negligence. Punishment for labor violations involved a range of fines and the possible temporary or permanent closure of a business. The law does not provide workers the right to remove themselves from a hazardous workplace without jeopardizing their employment.

Informal Sector: The law requires that a citizen or business must sponsor foreign workers for them to obtain legal work and residency status, although the requirement exempts Syrian and Yemeni citizens who overstayed their visas. The Ministry of Human Resources and Social Development implemented measures allowing noncitizen workers to switch their employer to a new employer or company that employed a sufficient quota of Saudi citizens. Some workers were unaware of the new regulations and were forced to remain with their sponsor until completion of their contract or seek the assistance of their embassy to return home. There were also instances in which sponsors bringing foreign workers into the country failed to provide them with a residency permit, which undermined the workers’ ability to access government services or navigate the court system in the event of grievances. Sponsors with commercial or labor disputes with foreign employees also could ask authorities to prohibit employees from departing the country until the dispute was resolved. Authorities, however, would not jail or forcibly return fleeing workers who sought to exit the country within a 72-hour period or coordinate with their embassy for repatriation, provided the employees did not have criminal charges or outstanding fines pending against them.

Bilateral labor agreements set conditions on foreign workers’ minimum wage, housing, benefits including leave and medical care, and other topics. Those provisions were not drafted in line with international standards and varied depending on the bargaining power of the foreign workers’ country. There were reports that some migrant workers were employed on terms to which they had not agreed and experienced problems, such as delays in the payment of wages, changes in employer, or changed working hours and conditions. Migrant workers, especially domestic workers, were vulnerable to abuse, exploitation, and conditions contravening labor laws, including nonpayment of wages, working for periods in excess of the 48-hour workweek, working for periods longer than the prescribed eight-hour workday without due compensation, and restrictions on movement due to passport confiscation. There were also reports of physical, psychological, sexual, and verbal abuse.

There were reports that some migrant workers, particularly domestic employees, were unable to remove themselves from dangerous situations. Some employers physically prevented workers from leaving or threatened them with nonpayment of wages if they left. Sponsoring employers, who controlled foreign workers’ ability to remain employed in the country, usually held foreign workers’ passports, a practice prohibited by law. In some contract disputes, in order to prevent the employee from leaving the country until resolution of the dispute, sponsors asked authorities to coerce the employee into accepting a disadvantageous settlement or risking deportation without any settlement.

While some foreign workers were able to contact the labor offices of their embassies for assistance, domestic workers faced challenges when attempting to gain access to their embassies, including restrictions on their freedom of movement and telephone access, confiscation of their passports, and being subjected to threats and verbal and physical abuse. During the year several dozen (primarily) female domestic workers sought shelter at their embassies’ safehouses to escape physical and sexual abuse by their employers. Those workers usually sought legal assistance from their embassies and government agencies to obtain end-of-service benefits and exit visas. In addition to their embassies, some domestic servants could contact the NSHR, HRC, Interministerial General Secretariat to Combat Human Trafficking, and Migrant Workers’ Welfare Department, which provided services to safeguard migrant workers’ rights and protect them from abuse. Some were able to apply to the offices of regional governors and lodge an appeal with the Board of Grievances against decisions by those authorities.

Occupational safety and health regulations do not cover farmers, herdsmen, domestic servants, or workers in family-operated businesses. Although the Ministry of Human Resources and Social Development employed nearly 1,000 labor inspectors, foreign workers privately reported frequent failures to enforce health and safety standards. Although statistics were unavailable, examples of major industrial accidents during the year that caused the death or serious injury to workers included local media reports from February 15 that at least six Bangladeshi migrant workers were killed in a fire at a furniture factory in Medina.

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The Lessons of 1989: Freedom and Our Future