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Monday, May 16, 2011

Human rights issues in Saudi Arabia

Human rights issues in Saudi Arabia

By DR. KHALID ALNOWAISER | ARAB NEWS

Existing sponsorship system no longer conforms to the life in the 21st century

I RECENTLY criticized Western governments for continuing to support dictators in the Arab world, although I did not criticize Westerners and I did point to some recent progress in upholding human rights by the current US administration. Now, I must speak candidly on the status of human rights in Saudi Arabia. The recent tumultuous events in some parts of the Middle East show that any nation's stability and progress depends on its success in dealing with three major issues: Its economy, the integrity of its government, and human rights. Although it is difficult to discuss all issues involving human rights in Saudi Arabia, five major issues are as follows:

First: Women

After women were encouraged in recent years to come forward to enjoy their rights as human beings and as an important part of society, the authorities recently decided not to allow Saudi women to participate now but rather "in due course". This delay essentially means that at least half of Saudi citizens are being deprived of their basic rights and will continue to be marginalized.  There was no public referendum to ask women about the matter, including when rights would be given to them. The Shoura Council never held a session to discuss such an important issue for the country. Further, the Council itself offers women no representation, so one may question whether any of its decisions on issues affecting women have any merit!

IF, however, one accepts the argument that it is better to wait and not tackle the issue of women now due to ongoing political tensions in the region (and the Kingdom does not need more challenges that may provoke some sections of society), the truth of the matter is that there is no indication that the issue of women’s human rights will ever be considered. For example, the issue of women driving has been debated for decades and no action has yet been taken. The answer always seems to be that Saudi society "isn't ready".  What exactly does this mean?  What does society need to do to be ready so women can drive themselves in the Kingdom? Likewise, the ability of women to work, travel and live normal life have been restricted in order to please extremists in the country and sadly at the expense of our daughters, sisters, wives and mothers. This is wrong because Saudi Arabia will never progress without the real and full participation of women. The issue must be decided politically. To this end, the government must make the necessary decisions to ensure that women have all of their rights and eliminate these draconian restrictions.

Second: Youth

Saudi youth nowadays are experiencing a great deal of difficulties. In addition to chronic unemployment, our young people face discrimination by continued segregation of men and women in public and private places in the name of Islam, even though this practice has never existed throughout the entire history of the Muslim faith. As I have said before, young people need to be given more opportunity to pursue their hobbies, satisfy their love of art and theater, and have access to forums, movie theaters and festivals, which will give them the chance to exercise their personal freedoms. However, some of the activities of the Commission for the Promotion of Virtue and Prevention of Vice (CPVPV), which include monitoring the people, have attracted criticism from human rights activists. My objection is more specifically to the practices of this Commission and not to the idea of the promotion of virtue and prevention of vice, which is supported and promoted by Islam.
The Saudi young people deserve the opportunity to live a good and dignified life without the oversight of the CPVPV. To deny them this chance will prevent Saudi Arabia from taking its rightful place among nations that honor or protect human rights.

Third: Political and civil rights

People have a fundamental right to be free and safe. No person should be subject to arbitrary arrest or detention or deprived of his/her freedom. People have the right to think and freely express themselves, whether in writing, in art, by any other means they choose. Individuals also have the right to peacefully assemble with one another, provided that such meetings do not violate the law. Individuals must have the unrestricted right to form associations and organizations, including the right to establish and join social organizations in order to further their personal interests. So long as public safety is not threatened, no restrictions should be imposed on exercising this right. All Saudi citizens should also have the right to participate in the management of public affairs, whether directly or through their freely elected representatives. Individuals must have the right to vote or run for office in fair and regularly held elections in addition to many other civil and political rights set forth in the International Covenant on Civil and Political Rights issued by the United Nations in 1966.

Fourth: Freedom of non-Muslims

If we look at several non-Muslim countries around the world, we can find places where individuals are free to exercise and practice their religious beliefs without oppression or governmental restrictions. When they are prevented from doing so, Muslims rise up and express their objections. What about the non-Muslims in Saudi Arabia that are here at our invitation? As a tolerant and forward-thinking country, should not we ensure that non-Muslims are free to observe and practice their religions without interference? Should not they have the same rights as Muslims in Europe demand and in most cases enjoy? This freedom of religion is a basic human right.

Fifth: Sponsorship of foreign labor

The Kingdom's sponsorship system for foreign workers has many drawbacks, and it is always criticized by international human rights organizations when discussing Saudi Arabia.

There are more than six million foreign workers in Saudi Arabia, some of whom experience violations of their human rights by their sponsors under the present system. Violations include not paying financial entitlements, such as their salaries and wages, not giving them vacations on a regular basis, not providing the right environment to enable them to carry out their job duties, not providing them with adequate accommodation, and not giving them breaks and time to relax after their shifts. As a result, the existing sponsorship system no longer conforms to the life in the 21st century and fails to provide foreign workers with basic human rights.

THE current sponsorship system should be abolished in its entirety and replaced by a new system that incorporates a comprehensive and flexible legal framework to organize fair relations between employer and foreign workers, classifies such relations as employment relations and not sponsorships, and cancels the traditional practices of sponsors. Such a system must also include in all employment contracts that a contract will be automatically terminated if the employer violates any human rights and that the worker shall have the right to proper compensation. This is not a plea for granting unfettered freedom to foreigners. While protecting their rights, we should not do anything that might endanger our national security or social cohesion.

The question must be asked: Is the Saudi government ready and willing to make significant political decisions to advance human rights for all of its citizens, especially its women and young people? A resounding "Yes" is the answer that the whole world is waiting to hear from the Saudi government, and it cannot come too soon.

— Dr. Khalid Alnowaiser is a columnist and a Saudi attorney with offices in Riyadh and Jeddah.  He can be reached at: Khalid@lfkan.com and/or Twitter (kalnowaiser).

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