NGOs urge governments to pressure Saudi Arabia to improve rights record following UN review

On March 14, 2019, the UN Human RightsCouncil (HRC) formally adopted the Universal Periodic Review (UPR) outcome ofSaudi Arabia after the country’s human rights record was examined by UN member states on November 5,2018. During the November review, 96 states made 258 recommendations on a widerange of topics including the death penalty, counter-terrorism legislation,freedom of expression and association, women’s rights, the ratification ofinternational treaties and the war in Yemen.

The HRC invited Saudi Arabia to reportback to the Council on which recommendations it had chosen to accept no laterthan the 40th session of the HRC, which began on February 25, 2019. OnFebruary 26, the Saudi government submitted its outcome report (see outcome report), in which it highlighted the 186recommendations it had chosen to accept. On March 14, the HRC formally adoptedthis outcome.

As civil society organisations*, we wishto highlight a number of significant recommendations that have been accepted bySaudi Arabia in order to provide the international community with a tool toensure these recommendations are implemented swiftly and effectively. Inaccepting these recommendations, Saudi Arabia has committed to implementingthem fully ahead of its next UPR in 2023. In the coming years, theinternational community must ensure that the Saudi authorities put thecommitments they have made into action.

International human rights instruments: Saudi Arabia accepted arecommendation shared by ten states (122.3) calling on the country to ratifythe InternationalCovenant on Civil and Political Rights (ICCPR). The authorities also accepted arecommendation (122.5) to ratify the InternationalCovenant on Economic, Social and Cultural Rights (ICESCR) and as well as severalrecommendations to consider acceding to the InternationalConvention on the Protection of the Rights of All Migrant Workers and Membersof Their Families.

Cooperation with the United Nations: Saudi Arabia accepted a recommendation(122.38) made by Georgia to “intensify cooperation with special proceduremandate holders”. This is particularly significant given that there arecurrently 13 pending visitrequests made by special procedure mandate holders to Saudi Arabia.

Women’s rights: Saudi Arabia accepted a number ofrecommendations pertaining to the promotion of women’s rights and genderequality. Unfortunately, several of these recommendations used vague language,meaning it will be difficult to measure implementation. However, Saudi Arabiadid accept a recommendation made by Iceland (122.65) to “ensure women’sequality with men before the law and the enjoyment of all human rights,including the rights to freedom of movement, education, employment, marriage,and protection from violence in the home and family”, as well as a similarrecommendation made by Belgium (122.66). Furthermore, the state accepted arecommendation calling on it to “adopt further measures to ensure genderequality and expand the rights and opportunities for women” (122.201),alongside a number of recommendations calling on it to review, reform, oroutright abolish the male guardianship system (122.202- 219).

Yemen: Saudi Arabia accepted a number of strongrecommendations on Yemen, including to “ensure full and total consideration ofinternational humanitarian law” (122.71), “protect civilians, particularlychildren, in all military operations in Yemen, take precautionary measures andprevent indiscriminate use of force” (122.80), and to “create legal mechanismswhich would allow full, impartial and independent inquiries into human rightsviolations committed by the coalition forces while conducting operations inYemen […]” (122.81).

Counter-terrorism: Worryingly, Saudi Arabia rejected arecommendation made by Canada to “remove provisions in the 2017counter-terrorism law that call for incommunicado detention” (122.87). However, the state did commit to ensuring that its counter-terrorism legislation“complies with international human rights norms, including by revising thebroad definition of terrorism and no longer making it applicable to non-violentexpressions” (122.90).

The death penalty: Saudi Arabia’s approach torecommendations concerning the death penalty is inconsistent, but largelynegative. It rejected recommendations that called for it to ratify the SecondOptional Protocol to the ICCPR aiming at the abolition of the death penalty. It alsorejected a large number of recommendations calling for it to establish amoratorium on the use of the death penalty, but did accept a recommendation to“forgo the application of the death penalty or at least restrict it to the mostserious crimes” (122.107). Saudi Arabia failed to show a strongcommitment to halting the use of the death penalty against minors.

Torture and ill-treatment: Saudi Arabia acceptedrecommendations to “adopt further steps to prevent torture, cruel and degradingtreatment in prisons and detention centres” (122.116) and to “implement legalreforms to ensure proper legal process and to prevent secret and indefinitedetention” (122.117). Saudi Arabia also accepted arecommendation calling on it to “establish a reliable complaint mechanism fordetained persons and include in the national legislation clear provisions forthe compensation of victims of torture within detention units” (122.185).

Humanrights defenders: Notably, Saudi Arabia acceptedthe vast majority of recommendations calling on the state to improve thesituation for human rights defenders, and to protect the rights to freedom ofexpression, association and peaceful assembly. Among the many strongrecommendations accepted by Saudi Arabia are to “release anyone imprisonedsolely for exercising their rights to freedom of expression and association andto peaceful assembly, including human rights defenders and journalists”(122.131) and to “amend or adopt legislation to ensure freedom of the press,opinion and expression” (122.137). However, Saudi Arabia rejected arecommendation made by Germany calling on it to “immediately release all humanrights defenders, in particular women” (122.141).

JamalKhashoggi investigation: Saudi Arabia accepted a largenumber of recommendations calling on it to cooperate with investigations intothe killing of Jamal Khashoggi and bring perpetrators to justice.Recommendations accepted by Saudi Arabia include those calling on the state to“clarify the circumstances of the killing of Mr. Khashoggi and ensure fullaccountability of all those responsible for committing such a heinous crime”(122.169) and to “disclose all information available on the disappearance andkilling of Saudi journalist, Jamal Khashoggi […]” (122.176). However, SaudiArabia rejected a recommendation made by Iceland to “invite a team ofinternational experts to participate in the investigation […]” (122.173). UNSpecial Rapporteur Agnes Callamard is currently leading an investigation intoKhashoggi’s killing, but has thus far been unable to obtain access to thecountry for the purpose of the investigation.

Asoutlined above, Saudi Arabia has accepted a large number of recommendationswhich, if fully and effectively implemented, would significantly improve thehuman rights situation in the country. It is also worth noting the Saudiauthorities outright rejected a number of key recommendations which show asevere lack of willingness to adhere to international human rights standards, particularlywith regards to the death penalty and the rights of detainees.

Duringthe oral statements made by civil society organisations following the adoptionof Saudi Arabia’s UPR, Alqst and FIDH, among other organisations, stronglycondemned the Saudi government’s rejection of recommendations to reformexcessively broad legislation that restrict fundamental rights such as the Lawon Associations, the Counter-terrorism Law and the Cybercrime Law. TheRight Livelihood Award Foundation and MENA Rights Group encouraged Saudi Arabiato put its words into action, noting that: “for it to be relevant, the UPR mustnot be an exercise in empty rhetoric.”

Weare encouraged by an unprecedented condemnation of SaudiArabia’s rights record made during the 40thsession of the HRC on March 7 by 36UN Member States. We urge the international community to maintain this pressurein the coming years by following up on the UPR outcome, as well as urging thestate to reconsider its position on the issues it has shown no willingness toimprove.

TheHRC says the goal of the UPR is “the improvement of the human rights situationin every country with significant consequences for people around the globe.” Ifcooperated with in good faith, the UPR should result in real and meaningfulimprovements to the human rights situation on the ground. To achieve this goal,however, the international community must put pressure on Saudi Arabia to standby its commitment to the UPR process. In this regard, states must prioritisehuman rights in their dealings with the country.