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). In 2015 the country held its most recent municipal elections on a nonparty basis for two-thirds of the 3,159 seats in the 284 municipal councils around the country. Independent polling station observers did not identify significant irregularities with the elections.
The State Security Presidency (SSP), the National Guard, and the Ministries of Defense and Interior, all of which report to the king, are responsible for law enforcement and maintenance of order. The SSP 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.
Through royal decrees the government instituted significant reforms to male guardianship provisions that had long required women to obtain permission from a close male relative for a range of activities, including applying for passports and traveling abroad, registering the birth of a child, registering a marriage or divorce, obtaining status as a “head of household,” and seeking legal guardianship of children. Other new regulations expanded women’s economic empowerment by banning gender discrimination in the workplace and opening new employment opportunities for women.
Significant human rights issues included: unlawful killings; executions for nonviolent offenses; forced disappearances; torture of prisoners and detainees by government agents; arbitrary arrest and detention; political prisoners; arbitrary interference with privacy; criminalization of libel, censorship, and site blocking; restrictions on freedoms of peaceful assembly, association, and movement; severe restrictions of religious freedom; citizens’ lack of ability and legal means to choose their government through free and fair elections; trafficking in persons; violence and official discrimination against women, although new women’s rights initiatives were implemented; criminalization of consensual same-sex sexual activity; and prohibition of trade unions.
In several cases the government did not punish officials accused of committing human rights abuses, contributing to an environment of impunity. Following the high-profile October 2018 killing of journalist Jamal Khashoggi in Turkey, a court sentenced five officials to death and three officials to prison on December 23. The court ruled that guilt could not be established in the case of three other defendants.
In September state-owned oil processing facilities in Abqaiq and Khurais were attacked by drones and missiles. Houthi militants in Yemen claimed responsibility, but the Saudi government concluded Iran was responsible for the attack. Houthi militants were also responsible for numerous other attacks on civilian infrastructure inside Saudi Arabia, including airports, schools, hospitals, and oil facilities. Saudi Arabia continued air operations in Yemen throughout the year as leader of a coalition formed in 2015 to counter the 2014 Houthi takeover of government institutions and facilities. Saudi-led coalition airstrikes in Yemen reportedly resulted in civilian casualties and damage to infrastructure on multiple occasions. The pace of airstrikes declined in the fall, as the warring parties pursued a negotiated settlement to the conflict. The coalition’s Joint Incident Assessment Team (JIAT) investigated allegations of civilian casualties, but the Saudi government did not prosecute any cases based on JIAT findings.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law does not provide for freedom of expression, including for the press. The Basic Law specifies, “Mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation, and strengthen unity. The media are prohibited from committing acts that lead to disorder and division, affect the security of the state or its public relations, or undermine human dignity and rights.” Authorities are responsible for regulating and determining which speech or expression undermines internal security. The government can ban or suspend media outlets if it concludes they violated the press and publications law, and it monitored and blocked hundreds of thousands of internet sites. There were frequent reports of restrictions on free speech.
The counterterrorism law’s definition of terrorism includes “any conduct…intended to disturb public order…or destabilize the state or endanger its national unity.” The law also penalizes “anyone who challenges, either directly or indirectly, the religion or justice of the king or crown prince…or anyone who establishes or uses a website or computer program…to commit any of the offenses set out in the law.” Local human rights activists, international human rights organizations, and the UN special rapporteur on human rights and counterterrorism criticized the law for its overly broad and vague definitions of terrorism and complained the government used it to prosecute peaceful expression and dissent.
Freedom of Expression: The government monitored public expressions of opinion and took advantage of legal controls to impede the free expression of opinion and restrict individuals from engaging in public criticism of the political sphere. The law forbids apostasy and blasphemy, which can carry the death penalty, although there were no recent instances of death sentences being carried out for these crimes (see section 1.a.). Statements that authorities construed as constituting defamation of the king, monarchy, governing system, or Al Saud family resulted in criminal charges for citizens advocating government reform. The government prohibits public employees from directly or indirectly engaging in dialogue with local or foreign media or participating in any meetings intended to oppose state policies.
Some human rights activists were detained and then released on the condition that they refrain from using social media for activism, communicating with foreign diplomats and international human rights organizations, and traveling outside the country, according to human rights organizations.
The government detained a number of individuals for crimes related to their exercise of free speech during the year. From September to November, human rights groups and foreign media reported that authorities detained at least six persons, including an academic, poet, and tribal chief, for allegedly criticizing the General Entertainment Authority (GEA).
On October 10, Omar al-Muqbil, an academic at Qassim University, was allegedly arrested over a video criticizing the GEA’s recent policy of hosting concerts by international artists. In the video he accused the GEA of “erasing society’s original identity.” On October 21, poet Safar al-Dughilbi was summoned for questioning regarding a poem he wrote that referred to the “ill-practices” of the GEA. On October 22, the Prisoners of Conscience Twitter account announced a chief of the Otaiba tribe, Faisal Sultan Jahjah bin Humaid, was detained and questioned following a tweet criticizing the GEA and calling for “reasonable forms of entertainment.”
On November 12, the chairman of the GEA, Turki Al al-Sheikh, warned on Twitter the government would “take legal steps against anyone who criticizes or complains about the authority’s work.”
Between November 16 and November 20, authorities detained at least 11 persons, mostly journalists, writers, and entrepreneurs, according to the ALQST. A few days later, authorities released at least eight of those detained.
Press and Media, Including Online Media: The Press and Publications Law governs printed materials; printing presses; bookstores; the import, rental, and sale of films; television and radio; foreign media offices and their correspondents; and online newspapers and journals. Media fall under the jurisdiction of the Ministry of Media. The ministry may permanently close “whenever necessary” any means of communication–defined as any means of expressing a viewpoint that is meant for circulation–that it deems is engaged in a prohibited activity, as set forth in the law.
Media policy statements urged journalists to uphold Islam, oppose atheism, promote Arab interests, and preserve cultural heritage. In 2011 a royal decree amended the press law to strengthen penalties, create a special commission to judge violations, and require all online newspapers and bloggers to obtain a license from the ministry. The decree bans publishing anything “contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the grand mufti, members of the Council of Senior Religious Scholars, or senior government officials.”
The law states that violators can face fines up to 50,000 riyals ($13,300) for each violation of the law, which doubles if the violation is repeated. Other penalties include banning individuals from writing. While the Violations Considerations Committee in the Ministry of Media has formal responsibility for implementing the law, the Ministry of Interior, the CPVPV, and judges considered these issues regularly and exercised wide discretion in interpreting the law. It was unclear which of these institutional processes accords with the law.
Although unlicensed satellite dishes were illegal, the government did not enforce restrictions on them, and their use was widespread. Many foreign satellite stations broadcast a wide range of programs into the country in Arabic and other languages, including foreign news channels. Access to foreign sources of information, including via satellite dishes and the internet, was common. Foreign media were subject to licensing requirements from the Ministry of Media and could not operate freely. Privately owned satellite television networks, headquartered outside the country, maintained local offices and operated under a system of self-censorship.
On March 3, local media reported that authorities temporarily suspended a talk show hosted by journalist and Saudi Broadcasting Corporation president Dawood al-Shirian after it showed episodes on the guardianship system, the shortage of driving schools for women, and Saudi women seeking asylum abroad. The show returned a week later on March 10, according to Okaz daily newspaper.
On June 11, local media reported the GEA banned Kuwaiti artist Mona Shadad from appearing on local radio and television channels after Shadad appeared in a video praising Qatar.
Violence and Harassment: Authorities subjected journalists, writers, and bloggers to arrest, imprisonment, and harassment during the year (see sections 1.c., Prison and Detention Center Conditions and 1.e., Political Prisoners and Detainees).
Throughout the year NGOs, academics, and the press reported on the government’s targeting of dissidents using automated social media accounts to ensure that progovernment messages dominated social media trend lists and effectively silenced dissenting voices. Automated account activity was reportedly accompanied by online harassment by progovernment accounts in some instances. Dissidents with large social media followings were targeted for offline harassment and surveillance as well.
Censorship or Content Restrictions: The government reportedly penalized those who published items counter to government guidelines and directly or indirectly censored the media by licensing domestic media and by controlling importation of foreign printed material.
All newspapers, blogs, and websites in the country must be government licensed. The Ministry of Media must approve the appointment of all senior editors and has authority to remove them. The government provided guidelines to newspapers regarding controversial issues. The Saudi Press Agency reported official government news. The government owned most print and broadcast media and book publication facilities in the country, and members of the royal family owned or influenced privately owned and nominally independent operations, including various media outlets and widely circulated pan-Arab newspapers published outside the country. Authorities prevented or delayed the distribution of foreign print media covering issues considered sensitive, effectively censoring these publications.
The government censored published material it considered blasphemous, extremist, racist, or offensive or as inciting chaos, violence, sectarianism, or harm to the public order. In 2017 the PPO stated that producing and promoting “rumors that affect the public order” was a crime under the cybercrimes law and punishable by up to five years in prison, a fine of three million riyals ($800,000), or both. In June 2018 the PPO warned against sending, producing, or storing any material that stirs up tribalism and fanaticism or harms public order, which is also punishable by the above penalties. On July 10, the Shura Council called on the General Commission for Audiovisual Media to intensify efforts to prevent the broadcast of content that contravenes the country’s laws, customs, traditions, and public decorum or harms the reputation of the kingdom and its people. According to the Saudi Press Agency, the council underlined the need to enhance control of the electronic games market through surveillance of stores, markets, and websites in accordance with local and international regulations.
In some cases, however, individuals criticized specific government bodies or actions publicly without repercussions. The Consultative Council (Majlis ash-Shura), an advisory body, frequently allowed print and broadcast media to observe its proceedings and meetings, but the council closed some high-profile or controversial sessions to the media.
Libel/Slander Laws: There were numerous reports during the year of the government using libel laws to suppress publication of material that criticized policies or public officials.
The cybercrimes law provides for a maximum penalty of one year’s imprisonment for “defamation and infliction of damage upon others through the use of various information technology devices,” including social media and social networks.
National Security: Authorities used the cybercrimes law and the counterterrorism law to restrict freedom of expression, including by prosecuting numerous individuals under these laws on charges related to statements made on social media.
b. Freedoms of Peaceful Assembly and Association
The law does not provide for freedom of assembly and association, which the government severely limited.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The law does not contain provisions for freedom of internal movement, foreign travel, emigration, and repatriation.
In-country Movement: The government generally did not restrict the free movement of male citizens within the country. The guardianship system does not require a woman to have the permission of her male guardian (normally a father, husband, son, brother, grandfather, uncle, or other male relative) to move freely within the country (see section 6, Women). Courts, however, sometimes ruled that women should abide by a male guardian’s request to stay at home by “occasionally upholding a guardian’s right to obedience from his female dependents,” according to an HRW report.
Authorities respected the right of citizens to change residence or workplace, provided they held a national identification card (NIC). The law requires all male citizens who are 15 or older to possess a NIC. In 2012 the Ministry of Interior announced it would start issuing NICs to all female citizens at the age of 15, phasing in the requirement over a seven-year period. There was minimal information available regarding whether this initiative was successfully implemented.
In June 2018 the country lifted its longstanding ban on women driving. The process of issuing licenses, however, was slowed by the small number of training schools available to women, which resulted in waiting lists for driving classes, since a driving school certificate is a requirement to obtain a license. Another obstacle was the high cost of driver’s education for women, which international media reported was four to five times as expensive as men’s fees, reportedly because women’s schools had better technology and facilities.
Foreign Travel: There are restrictions on foreign travel. Many foreign workers require an exit visa and a valid passport to depart the country. Saudi citizens of both genders younger than 21, other dependents, or foreign citizen workers under sponsorship require a guardian’s consent to travel abroad. On June 20, Okaz reported that married Saudi men younger than 21 no longer require guardian consent to travel abroad. According to Ministry of Interior regulations, a noncitizen wife needs permission from her husband to travel, unless both partners sign a prenuptial agreement permitting the noncitizen wife to travel without the husband’s permission. Government entities can ban the travel of citizens and noncitizens without trial, and male family members can “blacklist” women and minor children by reporting them as “disobedient,” prohibiting their travel.
On August 1, the government published Royal Decree 134/M, which stipulates that citizens of either gender older than 21 can obtain and renew a passport and travel abroad without guardian permission. The travel regulations entered into effect on August 20. On October 14, local media reported that as many as 14,000 adult women had obtained their passports since August without seeking the consent of their legal guardian.
Employers or sponsors controlled the departure of foreign workers and residents from the country; employers or sponsors were responsible for processing residence permits and exit visas on their behalf. Sponsors frequently held their employees’ passports against the desires of the employees, despite a law specifically prohibiting this practice. Foreign workers typically provided sponsors with their residence permit before traveling in exchange for their passport to ensure the worker’s return to their employer after their travel.
The government reportedly confiscated passports for political reasons and revoked the rights of some citizens to travel, often without providing them notification or opportunity to contest the restriction. Most travel bans reportedly involved individuals in court cases relating to corruption, state security concerns, or labor, financial, and real estate disputes. Many relatives of citizens detained in relation to the government’s anticorruption campaign as well as relatives of detained clerics and human rights activists were also reportedly under travel bans.
The government seized the U.S. passports of the wife and children of dual U.S.-Saudi citizen Walid Fitaihi, barring them from leaving the kingdom and freezing their assets following Fitaihi’s detention in 2017. While the international travel ban for family members had been lifted at times during Fitaihi’s detention, it was reinstated following Fitaihi’s release on bond and subsequent charging in July.
f. Protection of Refugees
Access to Asylum: The law provides that the “state will grant political asylum if public interest so dictates.” There are no regulations implementing this provision. Generally, there is not a codified asylum system for those fleeing persecution, and the country is not a party to the 1951 Refugee Convention. The government permitted refugees recognized by the Office of the UN High Commissioner for Refugees (UNHCR) to stay in the country temporarily, pending identification of a durable solution, including third-country resettlement or voluntary repatriation. The government generally did not grant asylum or accept refugees for resettlement from third countries. Government policy is to refuse refugee status to persons in the country illegally, including those who have overstayed a pilgrimage visa. The government strongly encouraged persons without residency to leave, and it threatened or imposed deportation. Access to naturalization was difficult for refugees.
The government granted six-month visas to Syrian and Yemeni citizens, and a royal decree allowed pro forma extensions of these visas. On January 8 and July 11, the General Directorate of Passports announced renewal of visitor identification cards for Yemeni citizens in accordance with royal directives. The International Organization for Migration (IOM) reported, however, that during the year more than 30,000 Yemenis were deported due to their immigration status (see section 7.e., Acceptable Conditions of Work). In April 2018 then foreign minister Adel al-Jubeir stated that, since the start of the Syrian conflict, the country had taken in approximately two and one-half million Syrians and treated them as its own citizens, providing them with free health care, work, and education. He added that the country’s universities and schools had more than 140,000 Syrian students.
The IOM reported that as of August an estimated 300,000 Ethiopians had returned to Ethiopia since the government launched a campaign titled “A Nation without Violations” in 2017. HRW reported that a number of these migrants came to Saudi Arabia after experiencing persecution by the Ethiopian government and that deportations may have returned individuals to potentially harmful circumstances. HRW also noted migrants had faced abusive prison conditions in Saudi Arabia.
The government did not recognize the right of Saudi citizens to petition for access to asylum or refugee status in foreign countries. In several cases the government prosecuted and penalized Saudi citizens who sought asylum in foreign countries, according to multiple sources (see section 2.b., Freedom of Association). In January an 18-year-old Saudi citizen, citing fear for her life, was granted refugee status in Canada after fleeing from her family to Bangkok. Rahaf Mohammed claimed the Saudi embassy in Bangkok tried to force her to return to Saudi Arabia.
Employment: Refugees and asylum seekers were generally unable to work legally, although Syrian and Yemeni citizens who possessed a temporary visa could obtain a visitor card from the Ministry of Interior, which reportedly allows these persons to work. The renewable permits are valid for up to six months and tied to the validity period of their temporary visas; men between the ages of 18 and 60 were eligible to apply. In 2017 the General Directorate of Passports allowed Yemeni men to convert their visitor identification card to a residency permit if their Yemeni passport and visitor identification card were valid.
Access to Basic Services: The government provides preferential access to education, health care, public housing, and other social services to citizens and certain legal residents. A royal decree issued in 2012 permitted all Syrians in Saudi Arabia free access to the educational system and a separate decree issued in 2015 gave Yemenis in Saudi Arabia free access to schools. The Ministry of Education modified these decisions in February 2018, announcing that Syrian and Yemeni students holding visitor identification cards were no longer allowed to enroll in public schools and universities and would have to enroll in private ones at their own expense. The UNHCR office in Riyadh provided a subsistence allowance covering basic services to a limited number of vulnerable families, based on a needs assessment. Authorities worked with UNHCR to provide medical treatment, also following a needs assessment.
Section 3. Freedom to Participate in the Political Process
The law does not provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage; it establishes an absolute monarchy led by the Al Saud family as the political system. The Allegiance Council, composed of up to 34 senior princes appointed by the king, is formally responsible for selecting a king and crown prince upon the death or incapacitation of either. Only select members of the ruling family have a voice in the choice of leaders, the composition of the government, or changes to the political system.
The law provides citizens the right to communicate with public authorities on any matter and establishes the government on the principle of consultation (shura). The king and senior officials, including ministers and regional governors, are required to be available through majlis, open-door meetings where in theory any male citizen or noncitizen may express an opinion or a grievance without an appointment.
Most government ministries and agencies had women’s sections to interact with female citizens and noncitizens, and at least two regional governorates hired female employees to receive women’s petitions and arrange meetings for women with complaints for, or requests of, the governor.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption. Some officials engaged in corrupt practices, and perceptions of corruption persisted in some sectors. Government employees who accepted bribes faced 10 years in prison or fines up to one million riyals ($267,000).
The Supreme Anticorruption Committee, the National Anticorruption Commission (Nazaha), the PPO, and the Control and Investigation Board are units of the government with authority to investigate reports of criminal activity, corruption, and “disciplinary cases” involving government employees. These bodies are responsible for investigating potential cases and referring them to the administrative courts.
While Nazaha is responsible for promoting transparency and combating all forms of financial and administrative corruption, the relationship between Nazaha and the newer Supreme Anticorruption Committee was unclear. Nazaha’s ministerial-level director reported directly to the king. In 2015 the Shura Council criticized Nazaha for its failure to refer for investigation a sufficient number of corruption cases. The council also stated the public did not believe Nazaha could handle its responsibility to investigate and punish corruption.
Legal authorities for investigation and public prosecution of criminal offenses are consolidated within the PPO; the Control and Investigation Board is responsible for investigation and prosecution of noncriminal cases. Financial audit and control functions are vested in the General Auditing Board. The HRC also responded to and researched complaints of corruption.
On December 12, King Salman issued three royal decrees consolidating anticorruption responsibilities under a single entity, the new Control and Anticorruption Commission. The decrees consolidate the Control and Investigation Board, Mabahith’s Administrative Investigations Directorate (within the General Investigation Directorate), and the National Anticorruption Commission (Nazaha) into the new commission, which is to be led by Mazen bin Ibrahim al-Khamous, who assumed leadership of Nazaha in August. The consolidated agency is intended to have criminal investigation and prosecutorial authorities that its predecessors lacked. As with Nazaha, the new Control and Anticorruption Commission will report directly to the king.
Provincial governors and other members of the royal family paid compensation to victims of corruption during weekly majlis meetings where citizens raised complaints.
Corruption: Nazaha continued operations and referred cases of possible public corruption to the PPO. Nazaha reported that the commission received 15,591 complaints in 2018, up from 10,402 in 2017.
On January 29, local media reported the Ministry of Municipal and Rural Affairs suspended 126 local government employees at municipalities across the kingdom on corruption charges. “They are charged with involvement in a number of cases including financial and managerial corruption, abuse of power, as well as other legal and criminal violations,” the ministry announced on Twitter.
On February 5, Public Prosecutor Saud al-Mu’jab announced the launch of the Financial Reports Office, part of the government’s General Auditing Bureau. Al-Mu’jab noted the office would monitor state spending and help sustain the fight against corruption after the end of the anticorruption campaign, which the Royal Court announced on January 30.
The Royal Court noted that in the anticorruption campaign, launched in 2017, the government had recovered 400 billion riyals ($106.7 billion) in cash, real estate, and other assets as settlements. It added that the anticorruption committee, led by Crown Prince Mohammad bin Salman, summoned 381 individuals for questioning and reached financial settlements with 87 suspects. Eight individuals declined to settle and were referred to the PPO. The cases of an additional 56 individuals were not settled due to preexisting criminal charges against them, the Royal Court stated.
Human rights organizations criticized the government for using the anticorruption campaign as a pretext to target perceived political opponents and for arbitrarily detaining and abusing individuals targeted in the crackdown (see sections 1.c. and 1.d., Pretrial Detention).
In September the government appointed a new Supreme Anticorruption Committee head who announced he would prioritize elimination of corruption in the government ministry and agency ranks.
Financial Disclosure: The government had a uniform schedule of financial disclosure requirements for public officials.
The law provides that “the State shall protect human rights in accordance with Islamic sharia.” The government restricted the activities of domestic and international human rights organizations. The government did not allow international human rights NGOs to be based in the country and restricted access to the country for visits. International human rights and humanitarian NGOs reported the government was at times unresponsive to requests for information and did not establish a clear mechanism for communication with NGOs on both domestic human rights issues and issues relating to the conflict in Yemen. There were no transparent standards governing visits by international NGO representatives. The HRC stated that the government welcomed visits by legitimate, unbiased human rights groups but added the government could not act on the “hundreds of requests” it received, in part because it was cumbersome to decide which domestic agencies would be their interlocutor.
The government often cooperated with and sometimes accepted the recommendations of the NSHR, the sole government-licensed domestic human rights organization. The NSHR accepted requests for assistance and complaints about government actions affecting human rights.
The government viewed unlicensed local human rights groups with suspicion, frequently blocking their websites and charging their founders with founding and operating unlicensed organizations.
Government Human Rights Bodies: The government had mechanisms to investigate and punish abuse. The HRC is part of the government and requires the permission of the Ministry of Foreign Affairs before meeting with diplomats, academics, or researchers with international human rights organizations. The HRC president has ministerial status and reports to the king. The well-resourced HRC was effective in highlighting nonpolitically sensitive problems and registering and responding to the complaints it received, but its capacity to effect change was more limited. The HRC worked directly with the Royal Court and the cabinet, with a committee composed of representatives of the Consultative Council and the Ministries of Labor and Social Development and Interior, and with Consultative Council committees for the judiciary, Islamic affairs, and human rights.
During the year the HRC and NSHR were more outspoken in areas deemed less politically sensitive, including child abuse, child marriage, prison conditions, and cases of individuals detained beyond their prescribed prison sentences. They avoided topics such as protests or cases of political activists or reformers that would require directly confronting government authorities. The HRC board’s 18 full-time members included four women and at least three Shia members; they received and responded to complaints submitted by their constituencies, including problems related to persons with disabilities, religious freedom, and women’s rights. The Consultative Council’s Human Rights Committee also actively followed cases and included women and Shia among its members; a woman served as chairperson of the committee.
The HRC and NSHR maintained records of complaints and outcomes, but privacy laws protect information about individual cases, and information was not publicly available. According to HRC figures, the body received at least 1,070 human rights-related complaints between January and April. On January 5, the NSHR stated it received 2,871 complaints in 2017. Topics of complaints included labor, abuse, citizenship, social welfare, health, and education. During the year the Board of Grievances held hearings and adjudicated claims of wrongdoing, but there were no reported prosecutions of security force members for human rights violations.
The HRC, in cooperation with the Ministry of Education, provided materials and training to police, other security forces, the Ministry of Defense, and the CPVPV on protecting human rights.
Military and security courts investigated abuses of authority and security force killings. The Board of Grievances, a high-level administrative judicial body that hears cases against government entities and reports directly to the king, is the primary mechanism to seek redress for claims of abuse. Citizens may report abuses by security forces at any police station or to the HRC or NSHR.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law does not provide for the right of workers to form and join independent unions. The law does not provide for the right to collective bargaining or the right to conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity.
The government did not respect freedom of association and the right to collective bargaining. There were no labor unions in the country, and workers faced potential dismissal, imprisonment, or, in the case of migrant workers, deportation for 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 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.
In April 2018 Riyadh governor Prince Faisal bin Bandar Al Saud warned against illegal assemblies by workers to protest delayed salaries. He advised that foreign workers should seek recourse from the offices of provincial governors and through legal processes, and he reiterated the importance of both employers’ and employees’ abiding by their contractual obligations.
b. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, but the government did not effectively enforce the law. Forced labor occurred, especially among migrant workers–notably domestic servants. Conditions indicative of forced labor experienced by foreign workers included withholding of passports; nonpayment of wages; restrictions on movement; and verbal, physical, and sexual abuse. Labor law prohibits the confiscation of passports and nonpayment of wages. Violations of labor laws could result in penalties, but these did not sufficiently deter violations. Many noncitizen workers, particularly domestic employees not covered under the labor law, were unable to exercise their right to end their contractual work. An employer may require a trainee to work for him or her upon completion of training for a period not to exceed twice the duration of the training or one year, whichever is longer.
Restrictive sponsorship laws increased workers’ vulnerability to forced labor conditions and made many foreign workers reluctant to report abuse. The contract system does not allow workers to change employers or leave the country without the written consent of the employer under normal circumstances. If wages are withheld for 90 days, a ministerial decree permits an employee to transfer his or her sponsorship to a new employer without obtaining prior approval from the previous employer. There were reports, however, that the Ministry of Labor and Social Development did not always approve petitions to transfer sponsorship due to withheld wages, including some cases in which wages had been withheld for more than three months. During the year numerous migrant workers reported being dismissed, sometimes after months of nonpayment of salaries. Some remained stranded in the country because they were unable to pay required exit visa fees. A few countries that previously allowed their citizens to migrate to the country for work prohibited their citizens from seeking work in Saudi Arabia after widespread reports of worker abuse.
The government continued implementation of the Wage Protection System (WPS), which requires employers to pay foreign workers through bank transfers, thereby allowing the ministry to track whether workers were paid appropriately. All employers with more than 10 employees were required to comply with WPS regulations as of 2017. WPS covered five million employees in 34,000 businesses. The Ministry of Labor and Social Development fined companies for delaying payment for employees’ salaries on the first occurrence and blocked companies from accessing government services if a company delayed salaries for two or more months. The fines appeared to be insufficient to deter violations.
Throughout the year the government strictly implemented measures to limit the number of noncitizen workers in the country. The government also penalized Hajj tourist agencies that engaged in human smuggling and local companies that abused the country’s visa laws to bring individuals into the country for reasons other than to employ them directly. A smaller number came as religious pilgrims and overstayed their visas. Because of their undocumented status, many persons in the country were susceptible to forced labor, substandard wages, and deportation by authorities.
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 the worst forms of child labor. 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. The law provides that hazardous operations or harmful industries may not employ legal minors, and 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. Penalties generally were considered sufficient to deter violations.
The HRC and NSHR are responsible for monitoring enforcement of child labor laws. There was little information on government efforts to enforce relevant laws or actions to prevent or eliminate child labor during the year. Authorities most commonly enforced the law in response to complaints of 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.
d. Discrimination with Respect to Employment and Occupation
Labor laws and regulations do not prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status. Discrimination with respect to employment and occupation occurred with respect to all these categories. There are no effective complaint resolution mechanisms present to deter these discriminatory regulations and practices.
The Ministry of Labor and Social Development explicitly approved and encouraged the employment of women in specific sectors, particularly in government (see section 3, Participation of Women and Minorities) and retail, but women faced many discriminatory regulations. The first-quarter Labor Market Report by the General Authority for Statistics found that Saudi girls and women (15 years of age and above) constituted 8.4 percent of the country’s total labor force (Saudi and non-Saudi, 15 years of age and above). The same report estimated that women and girls, both Saudi and foreign, represented 17.8 percent of all employed persons (15 years of age and above) in the country. Most non-Saudi women were employed as domestic workers. Rules limited the type of work women were allowed to perform and required them to wear a veil. In practice gender segregation continued to take place in the workplace.
There is no regulation requiring equal pay for equal work. In the private sector, the average monthly wage of Saudi women workers was 58 percent of the average monthly wage of Saudi men. Labor dispute settlement bodies did not register any cases of discrimination against women.
In recent years the government decreased the number of restrictions on women’s employment in various sectors (see sections 3 and 6, Women). The most recent reform came in October, when the government announced women could enlist in the military. There were no women working as judges or as members of the Council of Senior Religious Scholars. Women are barred from work in mining, oil refineries, construction, and power generation. Nevertheless, some factories and manufacturing facilities, particularly in the Eastern Province, employed men and women, who worked separate shifts during different hours of the day. 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. Although it is illegal for a potential employer to ask a female applicant for her guardian’s permission when she applies for a job, some employers required them to prove such permission. In medical settings and the energy industry, women and men worked together, and in some instances women supervised male employees. Women who work in establishments with 50 or more female employees have the right to maternity leave and childcare.
By an amended decree effective on September 4, labor and social insurance regulations mandate that employers treat all workers equally and bar discrimination “between workers on the basis of gender, disability, age, or any other forms of discrimination, whether in work, employment or advertising [a] vacancy.” The decree expands 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. The amendments also raised the mandatory retirement age of women to 60, the same as for men.
The Ministry of Labor 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. In June the Ministry of Education stated it had taken measures to integrate disabled students, 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.
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 very small number of Shia occupied high-level positions in government-owned companies and government agencies (see section 3, Participation of Women and Minorities). Shia were also underrepresented in employment in primary, secondary, and higher education.
Discrimination against Asian and African migrant workers occurred (see section 6, National/Racial/Ethnic Minorities). The King Abdulaziz Center for National Dialogue continued programs that sought to address some of these problems and provided training during the year to combat discrimination against national, racial, or ethnic groups. There were numerous cases of assaults on foreign workers and reports of worker abuse.
Informal discrimination in employment and occupation occurred on the basis of sex, gender, race, religion, national origin, and sexual orientation or gender identity.
In 2017 the Ministry of Interior’s General Directorate of Passports announced a national campaign to identify, arrest, fine, and deport individuals found in violation of the country’s residency laws under the title of “Nation without Violators.” The campaign began with a 90-day grace period or general amnesty to allow irregular migrants to depart the country “without penalty,” after which authorities extended the grace period in coordination with international organizations. The Ministry of Interior stated that nearly 4.15 million foreign citizens were arrested between November 2017 and November 2019 for violating work, residency, and entry rules. Approximately 1,036,800 violators were deported during the cited period, according to the ministry. The Human Rights Committee reported that law enforcement agencies had been trained in screening vulnerable populations for human trafficking indicators and the campaign was being carried out in accordance with protections against trafficking in persons.
e. Acceptable Conditions of Work
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, and the government did not mandate a general minimum private-sector wage for citizens.
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.
An estimated 9.4 million noncitizens, including approximately 947,000 noncitizen women, made up approximately 76 percent of the labor force, according to the General Authority for Statistics labor market survey for the fourth quarter of 2018. 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 labor 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. The penalties were insufficient to deter violations.
The labor law provides for regular safety inspections and enables ministry-appointed inspectors to examine materials used or handled in industrial and other operations and to 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 Labor and Social Development on health and safety matters. Regulations require employers to protect some workers from job-related hazards and disease, although some violations occurred. These regulations did not cover farmers, herdsmen, domestic servants, or workers in family-operated businesses. Foreign citizens privately reported frequent failures to enforce health and safety standards. The ministry employed nearly 1,000 labor inspectors.
The law requires that a citizen or business must sponsor foreign workers in order for them to obtain legal work and residency status, although the requirement exempts Syrian and Yemeni citizens who overstayed their visas. According to the IOM, 32,532 Yemenis were deported between January and July due to their immigration status. The ministry implemented measures allowing noncitizen workers to switch their employer to a new employer or company that employed a sufficient quota of Saudi citizens. Despite these revised measures, some workers were unaware of the new regulations and had 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 noncitizen 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 as long as 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. These provisions were not drafted in line with international standards, and they varied depending on the source country’s relative bargaining power. The labor law and the law against trafficking do not provide penalties to deter abuse of such workers.
The government engaged in news campaigns highlighting the plight of abused workers, trained law enforcement and other officials to combat trafficking in persons, and worked with the embassies of labor-source countries to disseminate information about labor rights for foreign workers. As in previous years, during Ramadan the HRC broadcast a public awareness program on television emphasizing the Islamic injunction to treat employees well.
The government did not always enforce the laws protecting migrant workers effectively. There were credible 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, and restrictions on movement due to passport confiscation. There were also reports of physical and verbal abuse.
There were credible reports that some noncitizen workers, particularly domestic employees, were unable to exercise their right 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, sponsors asked authorities to prevent the employee from leaving the country until resolution of the dispute 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 experienced 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 hundreds of domestic workers, the majority of whom were female, sought shelter at their embassies, some fleeing sexual abuse or other violence by their employers. Some embassies maintained safe houses for citizens fleeing situations that amounted to bondage. The workers usually sought legal help from 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, the HRC, the governmental Interministerial General Secretariat to Combat Human Trafficking, and the 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.
On October 13, refiner SASREF reported an apparent industrial accident killed two workers and injured two others during maintenance work. On February 11, the General Organization for Social Insurance stated that at least 47 persons working in the private sector died and 291 others were injured as a result of workplace accidents the previous year.