Вы находитесь на странице: 1из 21

Arab Political Systems: Baseline Information and Reforms Saudi Arabia www.carnegieendowment.org/arabpoliticalsystems www.fride.org/eng/Publications/Publication.aspx?

Item=7 7

SAUDI ARABIA
At A Glance Population8 /uly 9662 est. -0P Per #apita ;PPP>8 9662 est. *uman 0e@elopment Index (anA8 $)0P8 9662 7reedom *ouse (ating8 9662 Political (igBts #i@il ,iberties 7reedom of tBe Press (anA8 7reedom *ouse8 9662 #orruption Index (anA8 %ransparency International8 9667 -ender !mpowerment (anA8 $)0P8 966+ 97826586: ;including .8.728672 non<citi=ens> ?5:8 66 72 ;out of 577 countries> )ot 7ree 7 7 579 ;out of 5C+ countries> 7C ;out of 5 6 countries> 77 ;out of 7 countries>

UPDATES AND FORTHCOMING EVENTS ......................................................................................3 UPDATES AND FORTHCOMING EVENTS ......................................................................................3 STATE INSTITUTIONS/ SEPARATION OF POWERS.....................................................................4 STATE INSTITUTIONS/ SEPARATION OF POWERS.....................................................................4 !"!#$%I&! '(A)#*...............................................................................................................................+ ,!-IS,A%I&! '(A)#*.............................................................................................................................. /$0I#IA(1...............................................................................................................................................2 ,3#A, -3&!()4!)%...........................................................................................................................56 RIGHTS ...................................................................................................................................................11 RIGHTS ...................................................................................................................................................11 P!(S3)A, ,I'!(%I!S............................................................................................................................55 ,!-IS,A%I3) (!-$,A%I)- %*! !"!(#IS! 37 (I-*%S.........................................................................55 (!#!)% -3&!()4!)% I)I%IA%I&!S A77!#%I)- (I-*%S.....................................................................5+ POLITICAL FORCES............................................................................................................................16 POLITICAL FORCES............................................................................................................................16 P3,I%I#A, PA(%I!S...............................................................................................................................52 #I&I, S3#I!%1.......................................................................................................................................52 ELECTION RESULTS...........................................................................................................................18 ELECTION RESULTS...........................................................................................................................18
Carnegie Endowment for International Peace8 1779 Massachusetts Ave. NW Washington .C. !""#$%!1"# www.carnegieendowment.org &undaci'n (ara las )elaciones Internacionales * el i+logo E,teriorC. &eli(e I/- 9 % 10 dcha. !1"12 Madrid. www.fride.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

CONSTITUTIONAL REVISION..........................................................................................................19 CONSTITUTIONAL REVISION..........................................................................................................19 CORRUPTION........................................................................................................................................20 CORRUPTION........................................................................................................................................20 RATIFICATION OF INTERNATIONAL CONVENTIONS.............................................................21 RATIFICATION OF INTERNATIONAL CONVENTIONS.............................................................21

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

Updates and Forthcoming Events

Saudi Information 4inister Iyad 4adani announced on /anuary :68 966 a ban on all li@e broadcasts on Saudi public tele@ision. %Be announcement came two days after some @iewers pBoned in witB critical comments about senior Saudi go@ernment officials8 including tBe Ding8 to a li@e program on tBe state<owned al< IABbariya news cBannel. %Be stationEs director8 4uBammad al<%unsi8 was dismissed. #licA Bere for more information. %Be Interior 4inistry confirmed on 0ecember :58 9667 tBat Saudi blogger ABmad al<7arBan was detained for Fuestioning. Al<7arBan8 wBo used Bis blog to critici=e corruption and call for political reform8 was arrested on 0ecember 56 Gfor @iolating rules not related to state security8H according to tBe ministry spoAesman. Saudi autBorities also blocAed access to tBe leading blog publisBing ser@ice8 'logger.com. %Be Saudi go@ernmentIs official Ginternet blacAlistH contains more tBan +668666 websites8 including political8 religious8 and pornograpBic sites. #licA Bere for more information. President of tBe )ational Society for *uman (igBts 'andar al<*aJJar announced on /anuary .8 966 tBat Saudi Arabia is mo@ing toward incorporating a Buman rigBts curriculum into its BigBer education system. 0uring tBe past year8 tBe organi=ation Bas establisBed a Buman rigBts library in (iyadB and a data center for Buman rigBts researcB. %Be Saudi SBura #ouncil appro@ed on 0ecember :58 9667 a draft ci@il society law tBat will regulate ci@il society organi=ations in Saudi Arabia. %Be lawKtBe first of its Aind in Saudi ArabiaKcalls for tBe establisBment of a G)ational AutBority for #i@il Society 3rgani=ationsH to super@ise tBe acti@ities of )-3s. %Be draft law is currently under discussion in cabinet. #licA Bere an Arabic summary of tBe draft law.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

State Institutions/ Separation of Po ers

%Be Luran and tBe Sunna constitute tBe effecti@e constitution of Saudi Arabia. %Be 'asic law ;)i=am>8 a series of laws issued by Ding 7aBd in 5CC98 ser@es as an informal constitution. %Be go@ernment<appointed clergy act as tBe nominal arbiters of constitutional matters8 but tBe Aing retains absolute autBority to determine tBe outcome of constitutional disputes.

E!ecutive Branch

%Be k !" is tBe Bead of state. *eM < < < < < < < (ules by decree in accordance witB Islamic law ;SBaria> and witB tBe consensus of senior princes and religious officials. Performs legislati@e and executi@e functions. Acts as tBe ultimate source of Judicial power. %BrougB a royal order Be can introduce new laws8 amend existing laws or reinterpret tBem. Is tBe commander in cBief of tBe armed forces. Appoints officers and re@oAes tBeir duties. Is tBe #ustodian of tBe %wo *oly 4osFues. Appro@es and amends international treaties8 agreements and regulations by decree. Appro@es all decisions of tBe #ouncil of 4inisters.

%Bere are no institutional cBecAs on royal autBority. %Be Aing is somewBat constrained by Islamic lawKtBe importance of attaining consensus among royal family members8 and tBe tradition of consultationKbut in practice tBere is little accountability and Be Bas wide<ranging discretion. #rown Prince AbdullaB acceded to tBe tBrone in August 966. following tBe deatB of Ding 7aBd8 wBo occupied tBe tBrone between 5C 9 and 966.. #rown Prince AbdullaB Bad acted as de facto regent since Ding 7aBdEs stroAe in 5CC.. %Be #$ %& % ! '(&$M < < < < Is tBe Bead of tBe #ouncil of 4inisters. #an @eto any decision of tBe #ouncil of 4inisters. Appoints and remo@es deputy prime ministers8 ministers8 and otBer members of tBe #ouncil of 4inisters by royal order. *as tBe rigBt to dissol@e and reorgani=e tBe #ouncil of 4inisters.

%Be #ouncil of 4inisters autBority is defined by tBe 5C. ,aw of tBe #ouncil of 4inisters8 wBicB was subseFuently amended in 5C258 5C2+8 5C758 and 5C7.. 4ost of tBese amendments solidify tBe AingEs autBority. %Be C)*!+ , )- M ! '(&$'M < #onsists of tBe Aing8 tBe crown prince8 tBree royal ad@isers wBo Bold official positions as ministers of state8 fi@e otBer ministers of state8 and tBe Beads of tBe
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

< < <

<

twenty ministries. %Be commander of tBe Saudi Arabian )ational -uard8 tBe go@ernors of 4edina8 4ecca8 (iyadB8 and tBe !astern Pro@ince8 as well as tBe go@ernor of tBe Saudi Arabian 4onetary Agency ;SA4A> and tBe Bead of tBe -eneral Petroleum and 4ineral 3rgani=ation ;Petromin> Bold ministerial ranA and are members of tBe #ouncil of 4inisters. *as responsibility for drafting and o@erseeing tBe implementation of internal8 external8 financial8 economic8 education and defense policies8 and general affairs of state. *as autBority in financial matters8 appro@ing tBe annual budget and de@elopment plan. #an propose legislation8 and appro@e draft laws8 concessions and international agreements8 wBicB come into effect wBen tBey are ratified by tBe Aing. In practice8 tBe Aing often passes and amends laws witBout first submitting tBem to tBe #ouncil of 4inisters. Imposes taxes and decides on tBe sale8 lease and disposal of go@ernment property.

%Be deliberations of tBe #ouncil of 4inisters taAe place beBind closed doors. Its decisions are made public except for tBose wBicB are considered to be secret by tBe #ouncil. %Be term in office of tBe #ouncil of 4inisters runs for up to four years8 during wBicB it can be reformed by a royal order. Saudi ArabiaEs defense forces consist of tBe armed forces8 wBicB report to tBe defense minister8 and tBe )ational -uard. %Be )ational -uard is responsible for internal security8 including tBe protection of tBe royal family and tBe pre@ention of military coups. NBile AbdullaB was #rown Prince tBe )ational -uard ser@ed as a counterweigBt to tBe regular army and as Bis basis of support. R&-)$%' U!.&$ D '+*'' )! < Saudi Ding AbdullaB issued a royal decree on 3ctober 8 9667 outlining regulations to implement tBe 3ctober 9662 succession law aimed at ensuring a smootB transition of power. %Be succession law created a committee8 to be comprised of sons and grandsons of Abdul A=i= al<Saud8 tBe DingdomEs founder8 to select crown princes8 tBus future Aings. %Be new rules will not apply to succession after Ding AbdullaB8 wBo Bas already cBosen Prince Sultan al<Saud to follow Bim. Succession in tBe past Bas been decided by a small group of powerful royalsO tBe new procedures aim to broaden tBe process.

"egislative Branch

Saudi Arabia lacAs a standard legislature. It only Bas a #onsultati@e #ouncil. %Be #onsultati@e #ouncil ;4aJlis al<SBura> was establisBed by royal decree under tBe 5CC9 #onsultati@e #ouncil ,aw.
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

%Be C)!'*,(/( 0& C)*!+ ,M < #onsists of 5.6 members selected by tBe Aing. %Bey cannot include princes or ser@ing ministers. 4embers ser@e for four<year terms. NBen a new #onsultati@e #ouncil is formed8 at least Balf of tBose appointed must be new members. #an be restructured and dissol@ed by tBe Aing. *as Bistorically acted mainly in an ad@isory capacity8 debating8 reJecting and amending go@ernment<proposed legislation. Nas gi@en tBe power to initiate legislation by a 966: royal decree. %Be decree also amended tBe #ouncilEs cBarter so tBat in tBe e@ent of disagreement it would Ba@e tBe opportunity to respond to tBe go@ernmentIs arguments8 lea@ing tBe Aing as final arbiter and decision<maAer. Adopts its decisions by an absolute maJority. Its decisions are tBen transmitted bacA to tBe #ouncil of 4inisters wBicB also Bas to decide on tBe same issues. In case of agreement between tBe two councils8 tBe law is promulgated on tBe AingEs consent. In case of disagreement tBe Aing is free to maAe a decision. Pronounces tBe general plan of economic and social de@elopment8 laws8 regulations8 concessions8 international treaties and agreements and annual reports submitted by ministries and otBer go@ernment agencies. #an Bold ministries accountable in relation to tBeir spending8 but Bas no role in sBaping tBe budget. Is reFuired to operate on a special budget appro@ed by tBe Ding8 following rules set fortB by a royal order.

< < <

<

< < <

R&-)$%' U!.&$ D '+*'' )! < In 3ctober 966:8 tBe Saudi press reported tBat tBe go@ernment would conduct elections for one tBird of tBe members of tBe #onsultati@e #ouncil witBin tBree years. 0iscussion about possible8 at least partial8 elections to tBe council Bas resumed after tBe fourtB expansion of tBe council membersBip to 5.6 in April 966.. %Be go@ernment Bas issued no official pronouncements on tBe subJect.

#udiciar$

Saudi ArabiaEs legal system is based primarily on tBe principles of tBe SBaria. %Be /udiciary issues its rulings on tBe basis of wBat is stated in tBe Luran and in tBe Sunna. SBaria laws are supplemented by laws legislated by tBe go@ernment. %Be Aing is responsible for tBe implementation of Judicial rulings. %Be /ustice 4inistry disciplines Judges. %Be Judiciary is subJect to tBe influence of tBe royal family. Pro@incial go@ernors ;most of wBom are members of tBe royal family> Ba@e tBe autBority to exercise leniency and reduce a JudgeEs sentence. C).&'
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

<

%Be /udicial ,aw of 5C7.M < &ests tBe autBority of tBe /udiciary in tBe Supreme /udicial #ouncil ;S/#> wBicB is empowered to appoint8 promote and transfer Judges. < 0eclares tBe Judiciary independent. /udges are to be subJect only to tBe dictates of SBaria and tBe law. < (eFuires trials to be Beld publicly. %Be Statute on Imprisonment and 0etention of 9 4ay 5C7 M bans torture. %Be Statute of Principles of Arrest8 %emporary #onfinement and Pre@enti@e 0etention8 was issued on 55 )o@ember 5C :. ItM < Is tBe main law regulating tBis area of tBe criminal Justice system. Includes most detailed legislation on tBe rules of arrest and detention. < ProBibits arbitrary arrest. AutBorities are not supposed to detain suspects for longer tBan tBree days before cBarging tBem. %Be ,aw of Procedure 'efore SBaria #ourts of September 9665M < -rants defendants tBe rigBt to legal representation. < 3utlines tBe process by wBicB pleas8 e@idence and experts are Beard by tBe court. %Be #ode of ,aw Practice of /anuary 9669M < 3utlines tBe reFuirements necessary to become an attorney and defines tBe duties and rigBts of lawyers8 including tBe rigBt of attorney<client pri@ilege. %Be #riminal Procedure ,aw of 4ay 9669M < Protects a defendantEs rigBts witB regard to interrogation8 in@estigation8 and incarceration. < 3utlines a series of regulations tBat Justice and law enforcement autBorities must follow during all stages of tBe Judicial process8 from arrest and interrogation8 to trial and execution @erdicts. < ProBibits torture8 protects tBe rigBts of suspects to obtain legal council and limits arbitrary detention to fi@e days. < #riminal laws are @ague and open to wide interpretation by Judges. 7or example cBarges of GsabotageH and Gcorruption on eartBH are not clearly defined e@en tBougB tBey carry tBe deatB penalty. < *as not been obser@ed in practiceM < %Be system lacAs safeguards and procedures to guarantee a fair trial. *earings are often Beld in cameraO tBere are summary court sessions in political cases and in cases of people cBarged witB crimes punisBable by deatB8 amputation or flogging. %rials are normally Beld witBout counsel. < In criminal cases detention is often extended in order to extract a confession and tBen proceed to trial. In tBe maJority of political cases detainees are pressured to gi@e information about tBeir political beliefs and acti@ities8 and about otBer people worAing witB tBem. %Bey are usually made aware tBat tBeir release is conditional on tBeir repenting of tBeir pre@ious acti@ities and on tBeir signing an undertaAing to cease tBese acti@ities.
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

< <

<

<

<

Carnegie Endowment for International Peace www.carnegieendowment.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

<

Arbitrary arrest8 particularly of suspected political and religious opponents of tBe go@ernment8 is practiced. It is facilitated by tBe wide powers of arrest enJoyed by numerous bodies acting witBout Judicial autBority. %Bese bodies include al<SBurta ;tBe public security police>8 al<4abaBitB al Amma ;-eneral In@estigations> and religious police Anown as al<4utawaeen or *ayEat al<amr bilmaruf wan naBi an al< munAar8 ;tBe #ommittee for tBe Propagation of &irtue and Pre@ention of &ice>. %Be first two are accountable to tBe 4inister of tBe Interior. Al<4utawaeen8 wBicB is mandated to ensure strict adBerence to establisBed codes of conduct8 is in tBeory a semi<autonomous agency8 but in practice worAs closely witB tBe police and tBe go@ernors of tBe localities. It is reFuired to Band suspects o@er to tBe public security police after Fuestioning.

C)*$(' < %Bere are four tiers of SBaria #ourts8 wBicB Bear cases in@ol@ing criminal8 family8 personal inJury8 and property matters. SBaria courts fall under tBe Jurisdiction of tBe 4inistry of /ustice8 wBicB was establisBed in 5C76. ,imited or Summary #ourts are empowered to Bear ci@il and criminal cases in wBicB tBe maximum penalty is limited. #ases Bandled in tBe summary courts can be appealed to tBe appeals court. #i@il claims are often first filed witB tBe AmaraB8 wBicB will attempt to resol@e tBe dispute by settlement. If a settlement is not possible8 tBe case will be submitted to tBe courts. %Be general courts are tBe courts of first instance for all matters falling outside tBe Jurisdiction of tBe ,imited #ourts. %Be Jurisdiction of tBe -eneral #ourts extends to cases in@ol@ing crime8 tort action8 personal and family law8 and real estate. #ases Bandled in tBe general courts can be appealed to tBe Appeals #ourt. %Be Appeals #ourt is comprised of tBree departmentsM tBe penal suits8 tBe personal status suits8 and all otBer types of suits. %Be Appeals #ourt is presided by tBe cBief Justice and a panel of se@eral Fadis ;Judges>. 7or most matters8 tBe #ourt of Appeals represents tBe final court of appeal. %Be -rie@ance 'oard settles commercial disputes and grie@ances8 tax disputes and contractual affairs. It also re@iews complaints of improper beBa@ior brougBt against botB go@ernment officials and Fadis. %Be President of tBe 'oard is appointed by tBe Aing. It is not a SBaria court8 following a reorgani=ation in 5C 9 wBicB made it directly responsible to tBe Aing.

<

<

<

<

C)*!+ , /!. C)%% ((&&' < In addition to tBe SBaria courts8 tBere are numerous commissions and tribunals tBat adJudicate different matters. %Bere is a number of Judicial and Fuasi< Judicial institutions witB speciali=ed Jurisdictions sucB as commercial or labor law. Some of tBese speciali=ed tribunals fall outside tBe Jurisdiction of tBe 4inistry of /ustice. %Bey include tBe #Bambers of #ommerce and Industry8 tBe
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

Supreme #ommission on ,abor 0isputes8 tBe #ommission on ImpeacBment of 4inisters8 and separate councils for ci@il ser@ants and military personnel. Appeals are permitted from all tBese bodies to tBe -rie@ance 'oard wBicB is also independent of tBe 4inistry of /ustice. < %Be Supreme /udicial #ouncil super@ises tBe worA of tBe courts8 re@iews all legal decisions referred to it by tBe minister of Justice8 expresses legal opinions on Judicial Fuestions8 and appro@es all sentences of deatB8 amputation ;of fingers and Bands as punisBment for tBeft>8 and stoning ;for adultery>. It is a body of ele@en members cBosen from tBe leading ulema ;religious scBolars> of tBe country. %Be cBief of tBe Supreme /udicial #ouncil is appointed by tBe Aing from among tBe countryIs most senior ulema. In addition to its administrati@e autBority8 it also ser@es in a limited capacity as a final court of appeal for tBe SBaria #ourts. It is composed of two departments8 tBe Permanent #ommission and tBe -eneral #ommission. %Be #onflicts of /urisdiction #ommittee resol@es Jurisdictional disputes in@ol@ing a SBaria #ourt and anotBer tribunal or committee. It is composed of two members of tBe Supreme /udicial #ouncil and one member of tBe tribunal or committee in Fuestion. %Be #ouncil of Senior Islamic ScBolars is an autonomous body of 96 senior religious Jurists8 including tBe 4inister of /ustice. It establisBes tBe legal principles to guide lower<court Judges in deciding cases. It is an ad@isory body to tBe Aing and cabinet.

<

<

R&-)$%' U!.&$ D '+*'' )! < %Be Saudi Ding announced a compreBensi@e o@erBaul of tBe DingdomEs legal system on 3ctober :8 9667. %Be Ding issued a number of new laws regulating tBe Judiciary and tBe 'oard of -rie@ances and allocated se@en billion Saudi riyals ;approx. ?9 billion> for tBe planned reforms. %Be new rules8 wBicB empBasi=e tBe independence of Judges8 set up a supreme court wBose main functions will be to o@ersee tBe implementation sharia as well as laws issued by tBe Aing8 commercial courts8 labor courts8 personal status courts8 and a fund for training Judges. %Be 'oard of -rie@ances will continue to Bandle administrati@e disputes in@ol@ing go@ernment departments. #urrently8 Justice in Saudi Arabia is administered by a system of religious courts8 and Judges Ba@e wide discretion to issue rulings according to tBeir own interpretation of Islamic sharia. #licA 1&$& for tBe royal decree in Arabic. < Saudi ArabiaEs #ommission for tBe Promotion of &irtue and Pre@ention of &ice will no longer be allowed to interrogate tBose it arrests for beBa@ior deemed un<Islamic8 under an interior ministry decree publisBed on 4ay 9. 9662. According to tBe decree8 GtBe role of tBe commission will end after it arrests tBe culprit or culprits and Bands tBem o@er to police8 wBo will tBen decide wBetBer to refer tBem to tBe public prosecutor.H #ommission members ;mutawaEin> Ba@e until now enJoyed uncBallenged powers to arrest8 detain8 and interrogate tBose suspected of Gmoral infractions.H

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

"ocal Government

%Be 5CC9 ,aw of Pro@inces regulates tBe relationsBip between central go@ernment agencies and regional go@ernors. %Be Aingdom is di@ided into 5: pro@inces8 eacB of wBicB is ruled by a go@ernor. %Be pro@incial go@ernment o@ersees tBe local offices of tBe central go@ernment and municipal officials. In some of tBe pro@inces tBere is a public maJlis wBere citi=ens can @oice tBeir grie@ances. -o@ernors and members of pro@incial councils are appointed by tBe Aing. ,ocal administrators are appointed by tBe minister of interior. 4ost go@ernors are also members of tBe Bouse of al<Saud. In 966:8 tBe Aing appro@ed tBe creation of consultati@e councils at tBe municipal le@el. *alf of tBe officials in tBese bodies are to be elected by popular @ote. %Be councils Ba@e a narrow mandate8 wBicB deals principally witB tBe pro@ision of ser@ices. #entral areas of public policy8 sucB as tBe allocation of public land ;a matter important to curb corruption and abuse of office> remain in tBe Bands of tBe 4inistry of 4unicipal and (ural Affairs. 0uties of municipalities include planning of cities and @illages ;including roads and facilities>8 managing ser@ices to pro@ide public BealtB and cleanliness8 and culti@ating and impro@ing rural areas. %Be Saudi Arabian 4inistry of 4unicipal and (ural Affairs was establisBed in 5C7. and o@ersees all areas of municipal go@ernance.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

56

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

Rights
Personal "i%erties

%Be 'asic ,aw does not include explicit guarantees of basic rigBts sucB as freedoms of belief8 expression8 assembly8 or political participation. It does proBibit tBe go@ernment agencies from arbitrarily arresting citi=ens and from @iolating tBeir pri@acy. 7reedom of expression is restricted by proBibitions of criticism of tBe go@ernment8 Islam and tBe ruling family. %Be $.S. State 0epartmentEs 966+ I!(&$!/( )!/, R&, " )*' F$&&.)% R&#)$( lists Saudi Arabia among tBe countries tBat @iolate or restrict tBe religious freedom of tBeir citi=ens8 for tBe first time designating it a Gcountry of particular concernH ;#P#>. Public expression of non<Islamic religious beliefs is illegal8 tBougB pri@ate worsBip is permitted. SBiEi 4uslims ;estimates indicate tBat tBey maAe up between P to 96P of tBe population> face numerous restrictions on tBe public practice of tBeir religion and encounter discrimination in all areas of public sector employment and are subJect to abuse by go@ernment security ser@ices. %Be )ew 1orA<based organi=ation *uman (igBts NatcB pro@ides a compreBensi@e )0&$0 &2 of Buman rigBts de@elopments in Saudi Arabia. After its first significant fact<finding mission in tBe county tBat began on )o@ember 978 96628 *(N reported numerous cases of unfair trials8 prisoner abuses8 labor abuses8 restrictions on womenIs legal identity8 and cases of cBildrenIs detention. #licA 1&$& for details.

"egislation Regulating the E!ercise of Rights

E,&+()$/, L/28 4unicipal ,aw < < %Be electoral law for municipal elections was formulated in 5C77 but Bas not been put to use until municipal elections were Beld between 7ebruary and April 966.. %Be language of tBe law is gender<neutral but women were not allowed to @ote. %Be Justification for tBeir exclusion was tBe logistical problems related to tBe lacA of pBoto identification cards for women and tBe difficulty of staffing separate @oting centers for tBem.

L/2 )! A'')+ /( )!' < < < %Be 'asic ,aw ;)i=am> does not pro@ide for freedom of association. Public demonstrations pertaining to political issues are proBibited. %rade unions8 syndicates8 collecti@e bargaining and striAes are proBibited8 witB limited pro@isions for companies witB o@er 566 worAers ;see ,abor ,aws>. %Be
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

55

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

<

go@ernment does license professional associations sucB as tBe Saudi #Bemists Association and tBe Saudi PBarmacists Society. -o@ernmental permission is reFuired to form professional groups and associations8 wBicB must be non<political.

M&. / L/2' < %Be 5C 9 (oyal 0ecree on Press Publications guarantees freedom of expression witBin tBe frameworA of Islamic and national obJecti@es and @alues. All criticism of tBe royal family and tBe religious autBorities is forbidden. Article :C of tBe 'asic ,aw states tBatM G4ass media8 publication facilities and otBer means of expression sBall function in a manner tBat is courteous and fair and sBall abide by State laws. %Bey sBall play tBeir part in educating tBe masses and boosting national unity. All tBat may gi@e rise to miscBief and discord8 or may compromise tBe security of tBe State and its public image8 or may offend against manIs dignity and rigBts sBall be banned.H %Be Ding announced tBe creation of an independent JournalistsE organi=ation in early 966:. %Be Saudi /ournalists Association attracted some criticism because its founding documents were promulgated by tBe go@ernment8 and tBe Information 4inistry must appro@e all candidates for tBe board. %Be 4inistry of Information regulates radio and tele@ision broadcasts. All Saudi newspapers and periodicals are created by royal decree as tBere are no licensing procedures. )ewspapers are pri@ately<owned but recei@e state subsidies. %Beir publisBers and editors are appointed or at least appro@ed by tBe go@ernment. %Be go@ernment owns tBe Saudi Press Agency wBicB is controlled by tBe information ministry and expresses go@ernment @iews. %Be foreign press is systematically censored8 witB articles and pictures blacAed out. Internet access is filtered to blocA Neb sites deemed offensi@e to Islam or a tBreat to state security. A special #P/ report ;GPrinces8 #lerics8 and #ensorsQ> released on 4ay C8 9662 finds tBat independent reporting on politics remains nearly absent from tBe Saudi press. According to tBe report8 tBe countryIs conser@ati@e religious establisBment acts as a powerful lobbying force against enterprising co@erage of social8 cultural8 and religious matters and go@ernment officials dismiss editors8 suspend or blacAlist dissident writers8 order news blacAouts on contro@ersial topics8 and admonisB independent columnists o@er tBeir writings to deter criticism or to appease religious constituencies.

<

<

< < < < < < <

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

59

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

<

According to tBe annual Norldwide Press 7reedom Index by (eporters witBout 'orders8 Saudi Arabia ranAs 5+ of 52C countries. %Be index runs from 5 ;most press freedom> to 52C ;least press freedom>.

P&$')!/, S(/(*' L/2 < In 3ctober 96668 tBe Saudi go@ernment signed tBe #on@ention on tBe !limination of All 7orms of 0iscrimination against Nomen8 witB reser@ations concerning clauses tBat conflict witB Islamic law. As a result8 despite tBe signing of tBe #on@ention8 Saudi laws systematically discriminates against women. ,egal matters pertaining to personal status are usually tBe pur@iew of Islamic courts tBat use SBaria as tBe basis for decisions. %Be #ouncil of Senior $lema issues tBe final interpretation of Islamic law in Saudi Arabia witB tBe consent of tBe Aing. An unmarried woman is tBe ward of Ber fatBer8 a married woman is tBe ward of Ber Busband and a widowed woman is tBe ward of Ber sons. Nomen cannot obtain a passport or an exit @isa or be admitted to a Bospital witBout tBe permission of tBeir guardian. Nomen are segregated from men in publicO proBibited from dri@ingO unable to tra@el witBout a male relati@eO and reFuired to wear tBe abaya outside tBe Bome. A man may recei@e a di@orce upon reFuest8 wBile a woman must win a legal decision to separate. A manEs testimony is eFual to tBat of two women in court. Nomen were only issued identity cards in 9665. %o Fualify for an identity card8 a woman must Ba@e tBe written consent of Ber guardian and8 if employed8 a letter from Ber employer. In recent years8 women Ba@e gained some economic rigBts8 sucB as tBe rigBt to establisB companies and cBaritable institutions.

<

<

< < < < <

R&-)$%' U!.&$ D '+*'' )! < < %Be general committee on municipal elections Bas stated tBat women sBould be able to @ote in tBe next municipal elections8 scBeduled to taAe place in four years. A new regulation for issuing womenEs I0 cards was appro@ed on April 598 966. and will be publici=ed soon. #i@il status departments in tBe Dingdom can now issue I0 cards to women witBout a male guardianEs consent. A woman witB a @alid I0 can @erify tBe identity of anotBer woman in order for tBat woman to get Ber I0 card. 7oreign 4inister Prince Saud al 7aisal announced plans to appoint women to tBe 7oreign 4inistry for tBe first time in 966..

<

L/3)$ L/2 < %Be ,abor and NorAmen ,aw of 5C2C does not set a legal minimum wage. ,abor regulations establisB a + <Bour worAweeA at regular pay and allow employers to reFuire up to 59 additional Bours of o@ertime at time<and<a<Balf pay. ,abor law pro@ides for a 9+<Bour rest period.
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

5:

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

<

<

In April 9669 a new law was issued8 permitting Saudi worAers to establisB labor committees in companies witB 566 or more employees. %Be committee members are cBosen by tBe worAers and appro@ed by tBe 4inistry. %Be committee may maAe recommendations to company management to impro@e worA conditions8 increase producti@ity8 impro@e BealtB and safety8 and recommend training programs. %Be M ! '($4 )- L/3)$ /!. S)+ /, A--/ $' may send a representati@e to attend committee meetings. %Be ministry may dissol@e a labor committee if it @iolates regulations or tBreatens public security. 7oreign worAers may not ser@e on tBe committeeO Bowe@er8 committee regulations pro@ide tBat tBe committee sBould represent tBeir @iews. 7oreign worAers in Saudi Arabia8 estimated to represent a tBird of tBe countryEs population8 are not protected under labor law and are routinely exploited. 4any women migrants are employed as BouseBold domestic worAers8 and are especially at risA for Buman rigBts abuses due to tBeir isolation in pri@ate Bomes and tBeir exclusion from many employment protections. Nages are set by employers and @ary according to tBe type of worA performed and tBe nationality of tBe worAer.

Recent Government Initiatives Affecting Rights

%Be #ommittee for tBe Promotion of &irtue and Pre@ention of &ice announced on /une 568 9667 tBe creation of a Gdepartment of rules and regulationsH to ensure tBe acti@ities of commission members comply witB tBe law. !igBteen commission members ;mutawain> were detained and Fuestioned /une :. %Be go@ernmental )ational Society for *uman (igBts critici=ed tBe beBa@ior of tBe religious police in 4ay in its first report ;Arabic text>. In 4ay 96628 tBe interior ministry issued a decree stating tBat GtBe role of tBe commission will end after it arrests tBe culprit or culprits and Bands tBem o@er to police8 wBo will tBen decide wBetBer to refer tBem to tBe public prosecutor.H Mutawain Bad until recently enJoyed uncBallenged powers to arrest8 detain8 and interrogate tBose suspected of moral infractions. Ding AbdullaB decreed tBe establisBment of a go@ernment Buman rigBts agency on September 598 966. to Gprotect Buman rigBts and spread awareness about tBem R in Aeeping witB tBe pro@isions of Islamic law.H %Be organi=ation is cBaired by former go@ernment official DBalid al<Sudairi8 wBo will Bold ministerial ranAO tBe 5 board members will be appointed by tBe Ding. In 4arcB 966+8 tBe Saudi go@ernment ga@e a green ligBt for tBe establisBment of tBe )ational *uman (igBts Association to re@iew complaints about Buman rigBts @iolations and monitor tBe DingdomEs compliance witB international Buman rigBts agreements. In August 966:8 #rown Prince AbdullaB announced tBe establisBment of tBe Ding Abdula=i= #enter for )ational 0ialogue to promote public excBange of ideas. 7our rounds of talAs Ba@e taAen place8 co@ering standards of education8 tBe emergence of extremism8 tBe role of women and youtB. 0ebates Ba@e taAen place beBind closed doors but witB women present.
&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Carnegie Endowment for International Peace www.carnegieendowment.org

5+

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

In 966:8 tBe go@ernment permitted tBe first @isit of an international Buman rigBts organi=ation8 *uman (igBts NatcB8 but tBis was not repeated in 966+. %Be go@ernment @iews its interpretation of Islamic law as tBe only necessary guide to protect Buman rigBts. In 966:8 tBe go@ernment publicly acAnowledged Buman rigBts abuses by security forces and began a training program in interpersonal sAills for 4utawwaEin. %Be President of tBe #ommittee to Promote &irtue and Pre@ent &ice acAnowledged publicly tBat mistaAes Bad been made and tBat tBe 4utawwaEin wBo o@erstepped tBeir autBority were subJect to disciplinary measures. 0uring tBe year 4utawwaEin abuses Bad attracted greater public attention tBen in tBe past. In 4arcB 966+8 Ding 7aBd appro@ed tBe establisBment of tBe first independent Buman rigBts organi=ation8 tBe )ational Society for *uman (igBts. It was formed following a Buman rigBts conference in 3ctober entitled G*uman (igBts in Peace and Nar.H %Be conference concluded witB tBe issuing of tBe (iyadB 0eclaration.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

5.

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

Political Forces
Political Parties

Political parties are proBibited.

&ivil Societ$

%Be main pri@ate sector umbrella organi=ation is tBe #ouncil of Saudi #Bambers of #ommerce and Industry8 an influential organi=ation tBat Belps mediate between Saudi companies and tBe state. Saudi reformers are a loose networA8 in wBicB a core group of members Ba@e in recent years initiated petitions and sougBt to attract tBe signatures of liAe<minded people. %Be petition<writers for tBe most part fa@or gradual political transformation witBin tBe frameworA of tBe monarcBy and tBe stateIs Islamic cBaracter. In /anuary 966:8 #rown Prince AbdullaB issued a call for Gself<reform and tBe promotion of political participationH across tBe 4iddle !ast. ,ater tBat montB8 56+ Saudi Arabian citi=ens sent a cBarter entitled G&ision for tBe Present and tBe 7uture of tBe *omelandH to #rown Prince AbdullaB. %Be cBarter urged compreBensi@e reforms including guarantees of freedom of expression8 association8 and assembly8 and reFuested release or fair trials for political prisoners. A second petition followed in September 966:. GIn 0efense of tBe )ationH critici=ed tBe slow pace of reform and tBe absence of popular participation in decision<maAing. Signed by :62 academics8 writers8 and businesspeople8 including fifty women8 it ad@ocated popular election of tBe #onsultati@e #ouncil. Islamist reformers wBo Bad signed tBe Q&isionQ refused to Join tBe second petition because its tone was @iewed as too liberal and anti<Islamic. In 0ecember 966:8 Islamists8 liberals and SBiEa Joined in calling for tBe implementation of tBe reforms outlined in tBe Q&isionQ and for tBe opening of a constitutional process. Saudi reform acti@ists 4atrouA al<7aleB8 Ali al<0imeeni8 and AbdullaB al<*amed recei@ed prison sentences ranging from six to nine years on 4ay 5.8 966.. %Bey were con@icted on cBarges of sowing dissent8 distributing political leaflets8 using tBe media to incite opposition against tBe go@ernment8 and causing political unrest8 after tBey circulated a petition in /anuary 966+ calling for tBe establisBment of a constitutional monarcBy. %en otBer acti@ists wBo were arrested along witB tBem in 4arcB 966+ were later released after signing pledges not to circulate reform petitions or speaA to tBe media. $pon assuming power in August 966.8 Ding AbdullaB issued a pardon for tBe tBree acti@ists mention abo@e8 for tBeir lawyer and anotBer acti@ist as well as for tBe ,ibyans allegedly in@ol@ed in an attempt to assassinate Bim.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

52

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

%Bere are two prominent political opposition mo@ements8 botB of wBicB operate from outside of Saudi ArabiaM tBe #ommittee for tBe 0efense of ,egitimate (igBts ;#0,(> and tBe 4o@ement for Islamic (eform in Saudi Arabia ;4I(A>. %Be #0,( was establisBed in 5CC: by a group of Islamist academics and clerics to pusB for tBe range of Buman rigBts tBat tBey asserted are recogni=ed by Islam8 including political participation. It was FuicAly disbanded by tBe go@ernment and in 5CC+ two founders8 4oBamed al<4assari and Saad al<7aFiB8 relocated to 'ritain and started a campaign calling for tBe ousting of tBe Saudi royal family. %Be two founders split in 5CC2 after a falling out. 4I(A8 Beaded by Saad al 7aFiB8 is tBe more acti@e of tBe two and is generally cBaracteri=ed as a militant Islamist mo@ement. 4I(AEs stated aim is regime cBange8 wBereby tBe royal family is replaced by an elected leadersBip and wBere tBere exists an independent Judiciary and a new constitution witB tBe stamp of Islamic law. 4I(A and its leader Saad al 7aFiB Ba@e been added to tBe $)S# 5927 list of terrorist indi@iduals and organi=ations. In 0ecember 966+ tBe $nited States declared tBat it Bad fro=en tBeir assets and submitted tBeir names to tBe $nited )ations. 3fficial clerics are tBose appointed by tBe go@ernment to positions in tBe religious BierarcBy8 including tBe mufti and members of tBe #ommittee of Senior (eligious ScBolars or of tBe *igBer /udicial #ouncil8 and are expected to ratify and pro@ide legitimacy to tBe regimeIs policies. Informal or unofficial clerics deri@e tBeir influence from tBeir popular following and openly critici=e tBe go@ernment and tBe ruling family. NBile tBe first constitute a Aey source of legitimacy for tBe ruling family8 tBe second enJoy widespread popularity and play a maJor role in sBaping public opinion.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

57

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

Election Results

4unicipal elections Ba@e taAen place in tBree rounds for Balf of tBe members of 57 municipal councils. %Be otBer Balf will be appointed by tBe go@ernment. !lections for tBe (iyadB pro@ince tooA place on 7ebruary 568 for tBe + soutBern pro@inces and tBe eastern pro@ince on 4arcB :8 and for tBe rest of tBe country on April 95. 'ecause candidates ran as indi@iduals8 not as members of parties8 election results are difficult to interpret. 'ut it appears tBat SBiEa won most of tBe seats in !astern Pro@ince. #andidates wBo Bad clerical support most of tBe seats on tBe municipal council in otBer areas. #licA 1&$& for detailed results.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

&onstitutional Revision

(e@isions of tBe 'asic ,aw are carried out by decree.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

5C

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

&orruption

%Bere is widespread public perception of corruption witBin tBe royal family8 facilitated by tBe lacA of transparency in go@ernment accounts. %Be royal family is percei@ed to abuse go@ernment funds8 property rigBts and contracts. (oyal influence is also tBougBt to abuse ci@il and criminal Justice procedure. (oyal family members are seen to interfere or profiteer in contract awards8 tBe allocation of money from oil sales8 tBe profits from state<financed corporations and contracts for tBe deli@ery of arms imports and military ser@ices. %Be national budget does not include a precise breaAdown of sources of state re@enue and expenditure. (oyal allocations are not publisBed and public expenditures are not subJect to independent o@ersigBt. %ransparency International #orruption Perception Index 9667 ranAs Saudi Arabia 7CtB out of 5 6 countries.

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

96

Arab Political Systems: Baseline Information and Reforms Saudi Arabia

Ratification of International &onventions


International #o@enant on #i@il and Political (igBts ;##P(>M not ratified International #o@enant on !conomic8 Social and #ultural (igBts ;#!S#(>M not ratified %Be #on@ention on tBe !limination of All 7orms of %orture and 3tBer #ruel8 InBuman or 0egrading %reatment or PunisBment ;#A%>M September 9:8 5CC7 %Be International #on@ention on tBe !limination of All 7orms of (acial 0iscrimination ;#!(0>M September 9:8 5CC7 %Be #on@ention of on tBe !limination of All 7orms of 0iscrimination against Nomen ;#!0AN>M 3ctober 78 9666 %Be #on@ention on tBe (igBts of tBe #Bild ;#(#>M /anuary 928 5CC2

Carnegie Endowment for International Peace www.carnegieendowment.org

&undaci'n (ara las )elaciones Internacionales * el i+logo E,terior www.fride.org

95

Вам также может понравиться