National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21 Saudi Arabia

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National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights

Council Resolution 16/21

Saudi Arabia

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First: Introduction

1. The Kingdom of Saudi Arabia is presenting its third report as part of the third cycle of the Universal Periodic Review (UPR) in accordance with General Assembly Resolution No.

60/251, and Human Rights Council Resolutions Nos. 5/1, 16/21 and 17/119. The report identifies the human rights progress attained by the Kingdom of Saudi Arabia in the period between July 2013 and July 2018, as per its obligations, and the recommendations which were proposed during the second UPR cycle in 2013 and which were partially or fully supported.

2. The Saudi Vision 2030 was adopted by Council of Ministers Resolution No. 308, dated 18/7/1437 H (corresponding to 25/04/2016), as a methodology which defines public policies, programs and initiatives, and activates the capabilities and natural resources of the country across three axes: “a vibrant society, a thriving economy and an ambitious nation”. Each axis comprises several objectives varying in their direct or indirect impact on human rights, as well as explicitly and implicitly addressing several others, notably the right to security, health and employment, the rights of women, children, the disabled and the elderly, the right to development, the right to political and public participation, the establishment of associations, and a number of other social and economic rights.

Under this ambitious vision, many programs, procedures and executive measures were launched to achieve its goals by the year 2030.

3. Twelve programs were adopted to achieve Saudi Vision 2030, including: Diouf Al Rahman, the National Transformation Program, the Public Investment Fund, the National Industries and Logistics Development Program, the Financial Sector Development Program, the Lifestyle Improvement Program, the National Entrepreneurship Program, the Strategic Partnership Program, the Housing Program, the Privatization Program, the Saudi Personal Enhancement Program, and the Fiscal Balance Program. For more information on these programs, please visit the Saudi Vision 2030 website at:

http://vision2030.gov.sa/en.

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Second: Methodology used to prepare the report

4. The report was prepared in accordance with the following steps:

a. Follow-up on Previous Recommendations: Since the approval of the Kingdom’s report on its stance towards the recommendations made during the second UPR cycle, in the 25

session of the Human Rights Council held on 19/03/2014, work has been underway on the recommendations that have been fully or partially supported by the Human Rights Commission. Under High Order no. 28777, dated 12/06/1437 H (corresponding to 21/03/2016), all concerned bodies are to cooperate fully with the Human Rights Commission to ensure the activation and implementation of the recommendations supported by the Kingdom, and to adopt the necessary procedures for addressing any relevant shortcomings. Furthermore, under High Order no. 13084, dated 27/03/1436 H (corresponding to 18/01/2015), the national Standing Committee for Drafting Reports was established to prepare the reports required by the UPR mechanism and the human rights conventions to which the Kingdom is party, and to follow up on the recommendations of regional and international treaty bodies and the UPR mechanism. The Committee works in partnership with civil society institutions and includes in its membership several concerned governmental bodies.

b. Preparation: Through a series of training courses and workshops, the members of the Standing Committee for Reporting and the representatives of civil society institutions acquired the knowledge and skills needed for drafting reports. Under its Memorandum of Understanding for Technical Cooperation, signed with the Kingdom in 2012, the Office of the High Commissioner for Human Rights dispatched qualified officers to participate in these trainings, which were aimed at raising capacity building towards optimal UPR cooperation.

c. Gathering Information: The information required by the report was provided in this

step on the basis of the following principles: objectivity, transparency and

documentation. Meetings were held with representatives of civil society institutions to

obtain relevant information and review already available data.

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d. Drafting: To produce the draft report, the available information was appropriately placed, based on methodological criteria of which the most important is limiting the information to that which serves to explain the general situation, focusing on the efforts taken and achieved results with regards to the second cycle recommendations supported by the Kingdom, and using technical terms to facilitate the reading and discussion of the report. This stage has been concluded.

e. National Review and Consultation: The representatives of civil society institutions were invited to review and discuss the draft report. At this stage, many amendments were made, and the report was finalized.

Third: General Framework for the Promotion and Protection of Human Rights

A. Legal Framework

5. In addition to the laws and regulations related to human rights, several laws, regulations, orders, decisions and other legal rules were issued during the period covered by the report. Furthermore, amendments were introduced to several relevant laws and regulations. Below is an overview of these legislations:

Laws and Regulations

• The Protection against Abuse Law

6. Promulgated by Royal Decree no. M/52, dated 15/11/1434 H (corresponding to

21/09/2013), the Law is considered to be an important national framework to address

various forms of abuse that certain groups of society may face. It aims to provide

protection from all forms of abuse, offer assistance and treatment, provide shelter and

social, psychological and medical care, take necessary legal measures to hold accountable

and penalize perpetrators, and raise awareness in society regarding the concept of abuse

and its consequences. On 08/05/1435H (corresponding to 09/03/2014), the Minister of

Labor and Social Development issued Resolution no. 43047 on the Law’s implementing

regulations, which included mechanisms for the implementation of its provisions.

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• The Law of Unemployment Insurance

7. Promulgated by Royal Decree no. M/18 on 12/03/1435 H (corresponding to 13/01/2014), this law provides compensation to unemployed workers in accordance with specific limitations, until such individuals are able to return to the labor force.

• The Mental Health Law

8. The Law was promulgated on 20/09/1435 H (corresponding to 17/07/2014) by Royal Decree No. M/56, with the aim – stated under Article 2 thereof – of regulating and promoting mental health care for the mentally ill, protecting their rights and preserving their personal dignity and that of their families and society.

• The Child Protection Law

9. Issued by Royal Decree no. M/14, dated 03/02/1436 H (corresponding to 25/11/2014), the Law aims to provide protection to any person under the age of 18 against any potential abuse or neglect. In accordance with Article 2 thereof, the Law emphasizes the provisions of Islamic Sharia and the international laws and conventions to which the Kingdom is party, which preserve the rights of the child and protect him from all forms of abuse and neglect. It also stresses on defining and educating on the rights of the child, particularly on his protection from abuse and neglect. The implementing regulations were issued by the Minister of Labor and Social Development under Resolution no. 56386, dated 16/06/1436H (corresponding to 05/04/2015), and includes detailed provisions for the implementation of the law.

• The Law for Civil Associations and Institutions

10. The Law was promulgated by Royal Decree no. M/8, dated 19/02/1437 H (corresponding

to 01/12/2015), to regulate, develop and promote civil work, contribute to national

development, enhance citizen contribution to community management and development,

stimulate the culture of community volunteering; and achieve social solidarity. Under the

Law, the Ministry of Labor and Social Development is to license associations and

organizations, contribute to their development, provide government assistance, and

promote the culture of volunteering in society. With regard to the facilitation of

proceedings, Article 8 of the Law reduced the minimum number of applicants required

for an association from 20 natural or legal Saudi persons to only 10, and obligated the

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Ministry of Labor and Social Development to respond to any application within 60 days from the date of submission, otherwise the application shall be considered accepted and the association may be formed.

• The Penal Law for Crimes of Terrorism and its Financing

11. Promulgated by Royal Decree no. M/21 of 12/02/1439 H (corresponding to 01/11/2017), the Law determines terrorist crimes and the procedural aspects of arrest and detention, the power of counsel and provisional release, the competent court with regards to relevant cases and the definition of crimes and penalties.

• The Audiovisual Media Law

12. Under Article 5 of the Law, which was promulgated by Royal Decree no. M/33, dated 25/03/1439 H (corresponding to 13/12/2017), media channels are prohibited from addressing topics which could potentially stir up division, animosity and hatred among citizens, incite violence, threaten public peace and disrepute human life.

• Law on the Prevention of HIV/AIDs and the Rights and Duties of its Victims

13. Royal Decree no. M/41 was issued on 16/04/1439 H (corresponding to 03/01/2018), and, in Articles 2 and 3 thereof, provides for the classification of AIDs as an infectious disease, and the protection of the rights of the victims and their dependents. The Law also guarantees the necessary care and rehabilitation for the victims and preserves their right to education and employment, while also obligating health facilities to provide health care, counseling and psychological support to the victims and respect their rights.

• The Anti-Harassment Law

14. Promulgated by Royal Decree no. M/96, dated 16/09/1439 H (corresponding to 31/05/2018), the Law aims to combat the crime of harassment and prevent its occurrence, by penalizing its perpetrators and protecting its victims, thus preserving the privacy, dignity and personal freedoms of an individual, as guaranteed by the provisions of Islamic Sharia and other laws.

• The Juvenile Law

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15. The Law – promulgated by Royal Decree no. M/113, dated 18/11/1439 H (corresponding to 31/07/2018) – includes provisions and procedures for dealing with juvenile delinquents and their respective cases, including the procedures for their detention, arrest, interrogation and trial, in an age-appropriate manner that best serves the interest of conduct correction, in order to promote juvenile rights in the domain of criminal justice.

Royal Orders, High Orders and Council of Ministers Resolutions

• High Order no. 35362, dated 22/09/1434 H (corresponding to 30/07/2013)

16. Approving the guidelines for the Universal Access Program by adapting the urban environment in a way that enables persons with disabilities to live independently and to be integrated into society.

• Council of Ministers Resolution no. 82, dated 05/03/1435 H (corresponding to

17. Approving the Housing Subsidy Law, which as a law with its implementing regulations were introduced as a legislative measure aimed at promoting the right to housing.

• Council of Ministers Resolution no. 418, dated 29/10/1435 H (corresponding to

18. Authorizing the establishment of the Saudi Health Council, which is concerned with the development of a law for the operation of state-run hospitals, coordinating between them for the provision of healthcare and first aid services, medical evacuations, medication and medical supplies, development of the health environment, and the study and development of the quality of medical services.

• Council of Ministers Resolution no. 308, dated 18/07/1437 H (corresponding to

19. Approving Saudi Vision 2030 and authorizing the Council of Economic Affairs and

Development to develop and monitor the mechanisms and arrangements necessary for its

implementation, and other ministries and government bodies – each in their own capacity

– to carry out the necessary measures to the same end.

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• High Order no. 27808, dated 16/06/1438 H (corresponding to 15/03/2017)

20. Ordering the study of cases of family violence and the examination of the best procedures for handling guardianship and custody issues. Its notable inclusions are:

reviewing relevant regulations and proposing suitable amendments, preparing a guide to raise awareness on domestic violence, custody and other related issues, and organizing programs for judges in all regions of the Kingdom with the participation of relevant parties.

• High Order no. 33322, dated 21/07/1438 H (corresponding to 18/04/2017)

21. Notifying all stakeholders that women shall not be required to obtain the consent of another person to receive or terminate services. Supporting the Human Rights Commission in launching programs to introduce the international conventions ratified by the Kingdom through a comprehensive plan to raise awareness on women’s rights.

• Council of Ministers Resolution no. 289, dated 04/07/1437 H (corresponding to

22. Approving a new law for the Commission for the Promotion of Virtue and Prevention of Vice, wherein its mandate is identified, and the relevant procedures and measures are developed in coordination with the criminal investigation authorities.

• Royal Order no. A/240, dated 22/09/1438 H (corresponding to 17/06/2017)

23. Changing the name of the “Bureau of Investigation and Public Prosecution” to the

“Public Prosecution”, granting it complete autonomy in its functions, and providing for its direct affiliation with the King.

• Council of Ministers Resolution no. 679, dated 15/11/1438 H (corresponding to

24. Approving the Alimony Fund Law, to ensure disbursement to beneficiaries without

delay. Under Article 4 thereof, the Fund shall pay alimony to those who have been

awarded by the court but who have not received it due to reasons other than insolvency,

or to those whose claims to alimony are still pending before the court. It shall also cover

temporary alimony disbursed to the beneficiary before the verdict of alimony is reached.

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• High Order no. 905, dated 06/01/1439 H (corresponding to 26/09/2017)

25. Approving the implementation of the provisions of the Traffic Law and its implementing regulations, including the issuance of driving licenses for men and women alike.

Notable Amended Laws

• The Law of Criminal Procedure

26. The updated Law of Criminal Procedure was promulgated by Royal Decree no. M/2, dated 22/01/1435 H (corresponding to 25/11/2013). It stipulates that the accused is to be made aware of his rights (Article 4), and promotes the concept of presumption of innocence, providing under Article 34 that the criminal investigation officer shall immediately hear the statement of the accused. If the accused fails to establish his innocence, the officer shall, within twenty-four hours, refer him, along with the record of the investigation, to the investigator who shall, within twenty-four hours, interrogate the accused, and accordingly issue an order for his detainment or release, if sufficient evidence against him exists in a major crime, or if the best interest of the investigation requires his detention. Furthermore, the Law explicitly provides for the right of the accused to seek the assistance of a lawyer or a representative to defend him during the investigation and trial stages. In cases where he does not have the financial ability to seek legal assistance, he may request the court to assign him a lawyer at the expense of the state, with the Law and its implementing regulations encompassing detailed procedures for same. The Law also grants the judge the power to postpone the implementation of a sentence and suspend the implementation of ta’zir (discretionary punishment) sentences in connection with the public right of action if, he finds grounds to do so when considering the condemned morals, past, age, personal circumstances, the circumstances of the crime or otherwise. The implementing regulations of the Law were issued by Council of Ministers Resolution no. 142, dated 21/03/1436 H, detailing the provisions contained therein.

• The Labor Law

27. On 05/06/1436 H (corresponding to 25/03/2015), Royal Decree no. M/46 was issued to

amend several articles under the Labor Law, which was previously promulgated by

Decree no. M/51, dated 23/08/1426 H (corresponding to 27/09/2005). These amendments

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include: obliging the employer to announce the regulation by displaying it in a prominent location in the establishment or by any other means that ensures the workers’ awareness thereof (Article 13); prohibiting the employer from forcing a worker – in writing – to transfer from his original workplace to another which would entail a change in his place of residence (Article 58); and stipulating that no worker shall work for more than five consecutive hours without a break for rest, prayer and sustenance of no less than thirty minutes each during the total working hours (Article 101).

Regional and International Human Rights Instruments¹⁶

28. The International Covenants on Human Rights (International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) are currently being considered for ratification by a supreme government committee The Human Rights Commission, in accordance with Article 5 paragraph 4 of its statute, shall express its opinion on international human rights instruments with regard to the Kingdom’s accession to them, or the provisions contained therein. Furthermore, the Kingdom has become party to the ILO Minimum Age Convention, 1973 (no.138), in accordance with Royal Decree no. M/37, dated 18/06/1434 H (corresponding to 28/04/2013).

National Plans and Policies for the Promotion and Protection of Human Rights¹⁷

29. High Order no. 13084, dated 27/03/1436 H (corresponding to 18/01/2015), approved the

development of a national human rights strategy for the Kingdom, to cover all the

principles and fundamentals aimed at the promotion and protection of human rights, in

accordance with the principles of Islamic Sharia, the Basic Law of Governance, and other

relevant laws and international and regional conventions to which the Kingdom is party,

and seek guidance from a number of regional and international declarations, programs

and methodologies in light of the Kingdom’s obligations A committee comprising

government and non-governmental bodies is currently working on developing a draft

strategy based on 6 axes: the legal framework, the institutional capacity, civil society, the

business sector, the culture of human rights, and regional and international cooperation,

given that each axis branches into a number of objectives, programs and initiatives

focused on human rights.

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30. The National Plan to Combat Trafficking in Persons was issued for the years 1438H-

1441H (corresponding to 2017-2020), as a measure to prevent and protect against the crimes of trafficking in persons.

31. The National Water Strategy was adopted by Council of Ministers Resolution no. 227, dated 06/05/1439 H (23/01/2018) to ensure continuous access to adequate quantities of water in everyday life and during emergencies, improve the management of demand for all water usage, provide high-quality, cost-effective water and sanitation services, conserve and improve water resources, and preserve the local environment.

32. The Food Security Strategy – and its Implementation Plan – was adopted by Council of Ministers Resolution no. 439, dated 15/08/1439 H (01/05/2018). It is based on five strategic objectives: achieving a sustainable local production system for commodities with differential advantage; diversifying and stabilizing external food sources; ensuring access to safe food in the Kingdom; promoting healthy and balanced food habits; and building capabilities to address food security risks.

33. The National Environment Strategy was adopted by Council of Ministers Resolution no.

454, dated 22/8/1439H (08/05/2018) to contribute to improving the community’s quality of life. It seeks to strengthen adherence to environmental laws, maximize adaptation to climate change, support research, development and environmentally friendly technologies, adopt the highest professional and ethical standards in the management and operation of environmental and meteorological sectors, abide by international treaties, and promote the participation of civil society institutions in the protection of the environment.

B. Institutional Framework

34. During the period covered by the report, several institutional frameworks have been

established for the promotion and protection of human rights, through the implementation

and/or monitoring of relevant laws and regulations and the conventions to which the

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Kingdom is party, in addition to strengthening administrative and judicial remedies. The most notable frameworks include:

• The Public Education Evaluation Commission

35. The Council of Ministers, by way of Resolution no. 94, dated 27/02/1438 H (corresponding to 27/11/2016), approved the regulatory arrangements of the Public Education Evaluation Commission, an independent legal entity with financial and administrative autonomy, tasked with evaluating education to achieve higher quality and competence, and improving its outcomes to better support national development and economic goals.

• The Justice Training Center

36. The Justice Training Center was established in accordance with Council of Ministers Resolution no. 162, dated 24/04/1435 H (corresponding to 24/02/2014), as part of the organizational structure of the Ministry of Justice, in order to increase the efficiency and qualifications of judges and their assistants.

• The Saudi Bar Association

37. The Saudi Bar Association Charter was issued by Council of Ministers Resolution no.

317, dated 08/07/1436 H (corresponding to 27/04/2015), and includes several provisions to support the role of lawyers in the promotion and protection of human rights.

• The King Salman Humanitarian Aid and Relief Centre

38. Established on 24/07/1436 H (corresponding to 13/05/2015), the Center specializes in

international relief and humanitarian work, and operates through a series of programs

designed per the latest international models. As an extension to the vital role of the relief

and aid programs provided by the Kingdom to societies in humanitarian crises, the Center

offers aid and support to alleviate suffering, and provide a decent quality of life. It also

aims to unify the Kingdom’s international relief work by coordinating between all relief

work stakeholders (governmental and otherwise).

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39. Since its inception, the Centre has successfully implemented 439 projects in partnership with 124 international organizations and national institutions in 12 humanitarian sectors across 40 different countries.

• The General Authority for Endowments (“Awqaf”)

40. Established by Royal Decree no. M/11, dated 26/02/1437 H (corresponding to 08/12/2015), the Authority aims to regulate endowments (awqaf) and strengthen their role in economic and social development and social solidarity, which would consequently have a positive impact on human rights.

• The General Authority for Culture

41. It was established by Royal Order no. A/133, dated 30/07/1437 H (corresponding to 07/05/2016), with its law promulgated by Council of Ministers Resolution no. 120, dated 25/02/1439 H (corresponding to 14/11/2017). It specializes mainly in nurturing and developing the culture of various segments of society.

• The General Authority for Entertainment

42. It was established by Royal Order no. A/133, dated 30/07/1437 H (corresponding to 07/05/2016), with a focus on all areas of entertainment, an element which contributes to the promotion of several human rights.

• The General Sport Authority

43. Royal Order no. A/133, dated 30/07/1437 H (corresponding to 07/05/2016), provided under Article 9 thereof for the name of the General Presidency for Youth Welfare to be changed to the General Sport Authority, a body in charge of all sports affairs and related activities.

• The Family Affairs Council

44. Under Council of Ministers Resolution no. 443, dated 20/10/1437 H (corresponding to 25/07/2016), the Council was established to handle all family affairs. Article 6 of its law provides for the establishment of all the necessary technical committees, including the Committee on Children, the Committee on the Elderly, and the Committee on Women.

The Council of Ministers further issued Resolution no. 14, dated 06/01/1439 H

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(corresponding to 26/09/2017), to include a subparagraph to Article 3 paragraph 1 concerning the formation of the Council, to include two more members specialized in the affairs of the elderly. A committee on family protection has also been established as part of the Council’s various committees.

• The Authority for the Care of Persons with Disabilities

45. Its regulations were promulgated by Council of Ministers Resolution no. 266, dated 27/05/1439 H (corresponding to 13/02/2018), in order to provide care to persons with disabilities and protect their disability-related rights. It also aims to improve the services provided to them by government bodies, facilitate their access to the necessary care and rehabilitation, and increase the level of prevention, while taking the procedures for same in coordination with the relevant stakeholders and identifying the roles of various bodies with regard to caring for persons with disabilities.

• The Saudi Intellectual Property Authority

46. Its regulations were promulgated by Council of Ministers Resolution no. 496, dated 14/09/1439H (corresponding to 29/05/2018). The Authority carries out intellectual property activities in the Kingdom.

Fourth: Promotion and Protection of Human Rights on the Ground

A. The Judiciary²⁵

47. The period covered by the report saw many positive developments as a result of the

Kingdom’s attention given to the judiciary, the most notable of which are: issuing and

amending several legislations (such as the Law of Criminal Procedure, the Law of

Procedure before Shariah Courts, and the Law of Procedure before the Board of

Grievances); consolidating the autonomy of the Public Prosecution and ascribing a

judicial effect to its actions; establishing several institutions such as the Saudi Bar

Association, which has contributed to strengthening the legal and institutional framework

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for the promotion and protection of human rights through the ratification of judicial rights and guarantees of the judiciary.

48. Royal Order no. A/20, dated 07/02/1436 H (corresponding to 29/11/2014), provides for the establishment of a committee to prepare a draft code of judicial decisions on legal issues related to the judiciary, and categorizing them as articles within different chapters of Islamic jurisprudence.

49. The establishment of specialized courts is a positive development towards the standardization of litigation, given that three commercial courts were inaugurated in Riyadh, Jeddah and Dammam, in addition to specialized commercial departments within the public courts, as well as specialized appeals departments in several cities across the Kingdom.

50. The Justice Training Center was established under the organizational structure of the Ministry of Justice to increase the efficiency and qualifications of judges and their assistants. Since its commencement, the Center has organized many training programs for judges and lawyers, including training on the basis of the provisions of the human rights conventions to which the Kingdom is party. It is worth noting that the total number of trainees in the Center enrolled in the human rights programs amounted to 880 judges and lawyers since 2016.

51. Judicial principles, which strengthen the stability of jurisprudence, fall under the jurisdiction of the Supreme Court, as provided for by the Law of the Judiciary, promulgated by Royal Decree no. M/78, dated 19/09/1428 H (corresponding to 01/10/2007). In 1438 H (2017), a volume was issued containing 2323 principles and judicial decisions in various fields, accumulated over 47 years from 1391 H to 1437 H (from 1971 to 2016).

52. Under the National Transformation Program, the Ministry of Justice has organized several legal culture exhibitions, branded “Knowledge and Enrichment”, across many cities in the Kingdom. Each of these exhibitions provides visitors with four platforms, including: the “E-Services” platform which introduce the Ministry’s main services, the

“Laws” platform which covers regulations concerning women, family and children, and

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the “Knowledge” platform, which offers essential information to raise awareness and educate visitors on personal status issues.

53. The Ministry of Justice, together with the Mawada Association for the Reduction of Divorce and its Effects (a civil society institution operating in the Kingdom), has opened female offices in the courts run by qualified female legal advisers to provide free legal advice and human rights services.

54. In terms of international cooperation and exchange of experiences, the Ministry of Justice is currently studying 30 agreements and memorandums of understanding, in addition to 12 previously concluded agreements, memorandums and executive programs. These agreements aim to strengthen cooperation with certain countries regarding judicial services, the exchange of experiences, cooperation in the provision of legal and judicial assistance, and the launch of several training programs.

B. Criminal Justice²⁶

55. A number of criminal justice measures have been taken, including the issuance of Royal Order no. A/20, dated 07/02/1436 H (corresponding to 29/11/2014), on drafting the code of judicial rulings, mentioned in Paragraph 48 above.

56. The Public Prosecution has begun installing CCTV cameras inside investigative offices to ensure the quality of the interrogations with the accused and the integrity of the followed procedures. Furthermore, the Public Prosecution has issued a circular reminding its members of the need for case papers to elaborate on the rights of the accused, and for the indictments to cover the concepts under the human rights conventions to which the Kingdom is party. The General Directorate of Prisons was also established to manage human rights, and the role of prison offices was activated and enhanced to receive the complaints of prisoners and detainees.

57. The laws of the Kingdom emphasize the need for public hearings, providing under

Article 154 of the Law of Criminal Procedure that, “Court hearings shall be public. The

court may exceptionally consider the action or any part thereof in closed hearings, or may

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prohibit certain groups of people from attending those hearings for security reasons, or maintenance of public morality, if it is deemed necessary for determining the truth.”

Article 181 paragraph 1 of the same law stipulates that, “The judgment shall be read in an open session, after being signed by those who rendered it.” The Law of Criminal Procedure also provided for the right of the accused to an attorney, and to request the court for an attorney if he is financially unable to enlist an attorney’s services, as indicated above in Paragraph 26.

58. Under the principles of redress contained in the laws of the Kingdom, victims of human rights violations are entitled to compensation. The Law of Criminal Procedure provides that the victim, his representative, or his heirs may initiate criminal action, and the person harmed by a crime may submit a claim of private right of action during both the investigation and the trial stages of the case. Furthermore, Article 215 of the same law provides that a person who has been harmed as a result of malicious accusation or as a result of being detained or imprisoned for a period exceeding the term prescribed for such detention or imprisonment shall be entitled to compensation.

59. With regards to combating torture and abuse, Royal Decree no. 43, dated 29/11/1377 H (corresponding to 17/06/1958), complements other relevant legislations – such as the Law of Criminal Procedure, the Law on Protection from Abuse, the Child Protection Law, and the Convention Against Torture (considered a national legislation once the Kingdom became party to it) – in building a strong legal framework to protect and prevent crimes of torture and abuse, and provide the necessary remedies to the victims, such as rehabilitation, assistance, compensation and the like.

60. Developments in the protection from abuse include the establishment of a specialized

center to receive reports on domestic violence at the Ministry of Labor and Social

Development, available around the clock at a unified hotline (1919). A committee of

governmental bodies was also established to prepare a reference manual for the

investigation and documentation of crimes of torture and provide assistance to its victims,

in accordance with the Istanbul Protocol, “Manual on the Effective Investigation and

Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment.”

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61. With regards to juveniles, the Juvenile Law explains all formal procedures for dealing with juveniles. Article 5 provides that a juvenile may only be arrested in the presence of his guardian, in cases other than flagrante delicto, upon which the guardian must be immediately notified. Article 7 states that a juvenile may not be detained for investigation unless the Public Prosecution deems it necessary for the interest of the case, and in all cases a juvenile may only be detained in centers operated by the Ministry of Labor and Social Development. Furthermore, Article 11 provides that the juvenile may only be interrogated in the presence of his guardian, a social researcher or worker, or his attorney, while Article 12 obliges the detention center to prepare a social report on the juvenile and submit periodic updates to the court. Article 15 further stipulates that if the crime committed is punishable by death, the juvenile will only be imprisoned in the center for a period not exceeding ten years.

62. One of the best practices for the promotion of criminal justice is the launch of a website called “Nafethah” (Communication Window) (www.nafethah.gov.sa), that provides the public with access to information on detainees in security cases, as well as digital communication means with their next-of-kin, and enables the submission of all their requests and complaints.

63. The death penalty in the Kingdom can only be imposed on the most serious of crimes and

the narrowest of circumstances, by a final decision issued by a competent court,

following the completion of judicial proceedings in all courts of various levels, where

they are considered by 13 judges. The case must be first examined jointly by three judges

in a court of first instance, and only when their decision is unanimous is it then referred to

a court of second instance, i.e. courts of appeal, where it is examined, after which it is

studied by a body composed of 5 judges, and referred to the Supreme Court if the ruling

is upheld. It is then reviewed by 5 judges, and the judicial proceedings are completed

once the Supreme Court upholds the ruling. The Public Prosecution is responsible for

supervising the implementation of criminal sentences. This includes supervising and

ensuring the safe implementation of death penalties, in addition to ensuring the absence

of any circumstances that could suspend or delay the sentence.

Page 19 of 45 C. The Promotion and Protection of Human Rights and Fundamental Freedoms while

Countering Terrorism²⁷

64. The Kingdom has spared no effort in illustrating the contradiction between terrorism, extremism and exaggeration and the principles of Islamic Sharia, and in criminalizing such acts and imposing deterrent sanctions. Security officers have made great achievements in countering acts of violence and terrorism and thwarting many evil schemes and terrorist operations, all while observing relevant human rights. Citizens and residents of the Kingdom must also be commended for their awareness of the crimes of terrorism and playing an active role in combating it by reporting suspicious behavior.

65. The King Abdulaziz Center for National Dialogue plays a significant role in the propagation of moderation and the promotion of tolerance and coexistence, by launching a variety of projects designed to achieve these objectives, such as: the Tibyan Project (for the prevention of extremism), and which aim at spreading the values of moderation, righteousness, tolerance and the rejection of extremism in all its forms.

66. The Ideological Warfare Center was established to confront the roots of extremism and terrorism and promote a true understanding of Islamic principles. It fortifies young people around the world against extremism through preventive and curative programs, and seeks to establish a deep and ingrained understanding of extremism by studying the underlying causes of extremist tendencies and understanding the tools and methodologies used by extremists, identifying the targeted groups, and cooperating effectively with national and international institutions.

67. At the regional and international levels, the Global Center for Combating Extremist Ideology (Etidal), which was inaugurated by the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al-Saud on 25/08/1438 H (corresponding to 21/05/2017), is considered an essential component of the institutional anti-terrorism framework, given its specialization in tracking and analyzing extremist ideologies for the purpose of confrontation and prevention, in cooperation with concerned states and organizations.

D. Promoting Integrity and Combating Corruption²⁸

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68. On 15/02/1439 H (corresponding to 04/11/2017), Royal Order no. A/38 was issued for the establishment of a supreme anti-corruption committee chaired by His Royal Highness the Crown Prince, with the following members: the Chairman of the Monitoring and Investigation Commission, the Chairman of the National Anti-Corruption Commission, the Chief of the General Auditing Bureau, the Public Prosecutor, and the Chief of State Security. This is a radical reform that will eliminate corruption, protect public funds and achieve significant economic benefits, namely the return of unlawfully-obtained public funds to the state treasury, and solidifying the trust of investors so as to encourage them to enter the Saudi market.

69. Council of Ministers Resolution no. 3, dated 06/01/1437 H, provides for the establishment of the National Center for Performance Measurement (Adaa), which specializes in measuring the performance indicators of government bodies through the application of standardized models, methodologies and tools that support their efficiency and effectiveness. It also issues periodic reports on the achieved strategic goals of each body, the status of the performance indicators, and the progress of the initiatives made towards achieving the Kingdom’s vision. It also measures the satisfaction levels of government service users.

E. Combating Trafficking in Persons²⁹

70. Several factors have contributed to the establishment of a legal and institutional

framework for the protection of all persons, without discrimination, against the crimes of

trafficking in persons. These include the issuance of the Anti-Trafficking in Persons Law,

the accession to anti-trafficking conventions and protocols, the formation of an anti-

trafficking committee comprising, as members, representatives of governmental

stakeholders, and the establishment of an Anti-Trafficking in Persons Department under

the Ministry of Labor and Social Development. Other advancements include the

provision of medical, psychological and legal assistance to victims of trafficking,

compensating them for any inflicted harm, and offering them other forms of remedial

compensation. The Ministry has also started operating a hotline (19911) to receive

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complains in eight different languages, including complaints concerning trafficking in persons.

71. The implementation of the National Plan to Combat Trafficking in Persons for the years 1438H-1441H (corresponding to 2017-2020) is currently underway. Many training activities and programs have been already organized for judges, prosecutors, criminal investigation officers and other law enforcers, psychological and social experts, and employees and workers of civil society institutions, in order to enhance the national capabilities fighting against crimes of trafficking in persons. Furthermore, collaborations have been established with other countries and international and regional organizations through bilateral labor agreements and activities and events focused on combating transnational organized crimes, including trafficking in persons.

72. Royal Decree no. M/109, dated 24/10/1438 H (corresponding to 18/07/2017), was issued to approve a memorandum of understanding for technical cooperation between the Kingdom of Saudi Arabia (represented by the Human Rights Commission) and the International Organization for Migration. This memorandum aims to strengthen cooperation on matters related to combating and preventing trafficking in persons, providing assistance, care, protection and shelter to victims, developing activities and programs, and building national capabilities.

F. Civil Society³⁰

73. The Law of Civil Associations and Organizations is an advanced regulatory framework encompassing developmental and social objectives, and complementing other relevant laws in the Kingdom in ensuring diversity and independence among civil society institutions. The support received by these institutions – most of which operate in specific or general fields of human rights – has resulted in an increase in their numbers, reaching 1121 by the end of March 2018, buoyed by the financial support provided by the Ministry of Labor and Social Development, which exceeded 700 million Saudi Riyals in 2017.

Further developments include the formation of two councils, one for associations and the

other for civil institutions, as well as the authorization for the establishment of family

funds. Currently, it takes 60 days to receive a response regarding a licensing request, and

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civil society institutions are capable of collaborating with other stakeholders to draft laws and regulations and monitor the implementation thereof, in addition to handling human rights reports issued by civil society institutions.

G. Freedom of Opinion and Expression³¹

74. Freedom of opinion and expression is a guaranteed right under the laws of the Kingdom, one that is only limited by the rights and reputation of others, and the prerequisites of national security and public order, health or morality. Opinions and expressions may not propagate war or national, racial or religious hatred, and should not incite discrimination, hostility or violence. The publication of several paper and digital newspapers, the establishment of two independent authorities for radio and television and audiovisual media, the launch of many multilingual television and radio channels, and the facilitation of social media usage are all indicative of the flexibility and attention given to freedom of expression and the creation of means to practice such a right. The King Abdulaziz Center for National Dialogue provides a suitable platform for the discussion of many matters and issues that concern the citizens, and possesses complete control over its topics and practices, a fact considered a significant development in this field.

H. The Service and Custody of the Two Holy Mosques³²

75. The Kingdom of Saudi Arabia places the Two Holy Mosques on a pedestal, dedicating all the necessary resources and capabilities for their service and the service of its Hajj pilgrims, Umrah pilgrims and other visitors. Currently, the Kingdom is performing the largest expansion ever in Islamic history, at a cost exceeding 70 billion Saudi Riyals, i.e.

USD 18 billion, in order to increase capacity and enable people from all over the world to

perform the rituals of Umrah and Hajj with ease and peace of mind, given that the

number of pilgrims reached approximately 2.5 million during the Hajj season of 1438 H

(2017). Furthermore, major infrastructure work was carried out in Mecca, Medina and

holy places in the Kingdom, supporting the establishment of a large network of multi-

service facilitates, including the expansion of the two Holy Mosques and pilgrim

accommodation areas, opening Al Mashaaer Al Mugaddassah Metro line, the

construction of the Jamaraat Bridge, the expansion of airports, access points and hajj and

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umrah halls, in addition to the provision of transportation, health, hygiene and other logistic services needed by pilgrims, performers of Umrah and other visitors.

76. The Kingdom has shouldered the responsibility of serving and developing the two Holy Mosques, providing security and safety to their visitors to ensure the smooth performance of both the Umrah and Hajj rituals (in accordance with Article 24 of the Basic Law of Governance). Accordingly, the Kingdom has strived to enable Muslims from all over the world to perform Hajj and Umrah, without any discrimination, political or ideological considerations, or otherwise. It is noteworthy to mention that Hajj visas are being issued through 96 embassies and 18 consulates across the world, and Hajj committees have been formed in countries where the Kingdom has no diplomatic representation, with the Kingdom also taking additional measures to enable Muslims whose governments hinder the procedures involved in travelling for the purposes of Hajj and Umrah.

I. Education and Training³³

77. The Kingdom’s interest in education has given rise to a number of rapid developments and reforms, including: educational opportunities for all; the promotion of equal opportunities, free education and equality in education; curriculum development; focus on teacher performance, educational supervision and school facilities and equipment; the development of evaluation tools and methods, guidance programs and educational counseling; and attention to the needs of persons with visual, auditory and intellectual disabilities and autistic tendencies, and their compulsory enrollment in schools.

78. There are many qualitative and quantitative indicators reflecting this continuous

development and in 2017, numbers show the following: a primary education net

enrollment rate of 98%, 38,368 schools, 6,230,108 students (a fourfold increase from

1980), and 537,147 teachers. Furthermore, there are currently 28 public universities and

29 private universities and colleges, attended by 1,485,915 students, with a further

152,172 students studying abroad on full scholarships. As for the academic qualification

of teachers, specialized programs have been launched for both domestic and international

scholarships, with total numbers reaching 912 in the year 2017. Another noteworthy

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figure is the number of literacy and adult education centers established in the Kingdom, currently standing at 1,798.

79. In 2018, the Education and Training sector

was allocated the highest share of the state budget: a total of 192 billion Saudi Riyals (USD 51 billion).

80. In order to provide female students with access to physical education, the Ministry of Education issued Resolution no. 89263, dated 17/10/1438 H (corresponding to 11/07/2017) to launch the Physical Education Initiative for Promoting Female Student Health, the goal of which is to establish and equip 500 gymnasiums annually.

81. The Lifelong Learning Initiative (Estidama) is a national development initiative that seeks to abolish illiteracy and enable adults between the ages of 15 and 50 to benefit from the diverse learning and training opportunities available.

82. To guarantee continuous access to educational services for the residents of areas close to the Kingdom’s southern border, currently suffering violations at the hands of the Iranian- backed Houthi armed militias, Ministerial Resolution no. 84328, dated 18/03/1437 H (corresponding to 29/12/2015) was issued for the establishment of the Education Support Center for the Southern Front Schools. The Center aims to ensure that students continue their education through various alternatives and options, such as the Virtual Southern Front School project, from which 44000 students across 5 educational directorates have benefitted.

83. In terms of vocational training in the Kingdom, the numbers in 2017 stood at 45 technical colleges, 15 offering undergraduate programs, and the number of graduates stood at 22,417. Furthermore, 12,924 students benefitted from the General Education Vocational Qualification Program, representing 24.2% of total secondary school graduates in the same year.

84. On the regional and international levels, the Kingdom made numerous humanitarian and

relief contributions to the education sector, aiding educational institutions and programs

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focused on enabling those affected by crises to continue their education with a sum of approximately16 billion Saudi Riyals paid towards educational and cultural programs.

J. Health Care³⁵

85. The Kingdom has continued to make efforts to raise the quality of health services provided to all beneficiaries without any discrimination, focusing on areas such as:

maternity and child care, immunization programs, healthcare for the disabled and the elderly, student healthcare, psychological care, emergency healthcare in the event of accidents and disasters, control of infectious and epidemic diseases, treatment of incurable diseases, organ transplantation and other elements of comprehensive healthcare, in addition to the relevant supporting infrastructure.

86. By 2016, there were 2450 primary health care centers – specialized in primary care, chronic disease immunizations, and maternity and child care – established throughout the Kingdom’s governorates and regions, registering in excess of 52 million visits.

87. The Kingdom has taken many measures to promote productive health, the 2017 outcomes of which include: a life expectancy of 76.3 at birth for females, a decrease in maternal mortality rate per 100,000 live births to 12, and an increase in the rate of live births attended by health professionals to 99.7%. In 2016, 98% of pregnant women received professional health care, with the Ministry of Health launching a 24/7 helpline (937) to receive patient complaints and provide medical consultations.

88. Considerable measures were taken to increase the academic level and efficiency of national health personnel, with a focus on developing training inputs, curricula and training methods. In 2017, there were 81,434 students enrolled in medical and health colleges in the Kingdom, and 21,658 were studying abroad on full scholarships.

89. In 2017, the Saudi Patient Safety Center was established as the national authority for all

matters relating to patient safety and the prevention of medical errors and related

damages. It is also tasked with developing the National Patient Safety Strategy in

accordance with the health sector initiatives of the National Transformation Program.

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90. Based on the experiences and expertise of concerned bodies in the field of mass gathering medicine, acquired through the provision of free medical services to pilgrims, performers of Umrah and visitors over the years, the Global Centre for Mass Gathering Medicine was established as a national center and a global reference for mass gathering medicine.

K. Labor³⁶

91. The Saudi Vision 2030 projects – particularly NEOM, the Red Sea Project and the various industrial projects – represent a great opportunity for the employment of large numbers of young people in the Kingdom, and are expected to gradually decrease the national unemployment rate in the years to come. The Ministry of Labor and Social Development has also launched initiatives for the promotion and protection of the right to employment, notably: the Saudization Program (Nitaqat 1), the New Saudization Program (Nitaqat 2), the Social Security Program (targeting nationals employed in the private sector and protecting them against occupational hazards), the Wage Protection Program (monitoring the timely settlement of wages agreed upon between the employee and employer), and the Jaddarah Online Recruiting System (launched by the Ministry of Civil Service for public sector employment).

92. Several remedial developments have been made, including the establishment of the

“19911” helpline by the Ministry of Labor and Social Development to receive complaints by foreign workers in eight different languages. Other initiatives include the launch of the

“Employment Adviser” e-system – via the Labor Education Portal – to help resolve the employment issues and statuses faced by foreign workers, by receiving complaints and raising awareness, and the launch of the Wage Protection Program to ensure the timely settlement of due wages through local banks.

93. Several measures have been taken to promote the rights of domestic workers, such as the

awareness campaigns carried out by the Ministry of Labor and Social Development, the

Human Rights Commission, the National Society for Human Rights and other concerned

civil society institutions. Furthermore, the Anti-Trafficking in Persons Committee plays

an active role in tracking the causes of exploitation crimes, alongside the supervisory role

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of both the Ministry of Labor and Social Development and the Human Rights Commission. These measures also include the development of recruitment mechanisms, supervision and monitoring of professionals, and support and protection mechanisms

.

L. The Right to Development³⁸

94. The comprehensiveness of Saudi Vision 2030, its programs and initiatives are considered a qualitative developmental leap, consistent with the United Nation’s 2030 SDGs. The Kingdom is currently seeking to improve standards of living, combat poverty in all its forms, and enhance the quality of the various services available.

95. Development advancements include: access to education to all boys and girls; the reduction of under-five mortality, maternal mortality, the prevalence rates of HIV (AIDS) and other major diseases; and progress in women empowerment in the labor market.

96. One of the best practices observed in this domain is the establishment of the Citizen Account Program for the support of Saudi families in the face of direct and indirect effects of various economic reforms, through the reallocation of government benefits to eligible groups and the issuance of High Order no. 24535, dated 25/05/1438 H (corresponding to 22/02/2017), for the adoption of a calculation methodology for the absolute poverty line to measure the prevalence of the issue in the Kingdom

.

97. Notable measures have been taken towards achieving sustainable development, including: the National Environmental Strategy, adopted by Council of Ministers Resolution no. 454, dated 22/08/1439 H (corresponding to 08/05/2018); the National Water Strategy, adopted by Council of Ministers Resolution no. 227, dated 06/05/1439 H (corresponding to 23/01/2018); and the Food Security Strategy, adopted by Council of Ministers Resolution no. 439, dated 15/08/1439 H (corresponding to 01/05/2018).

M. Women and Children Women Rights⁴⁰

98. The enablement of women and the promotion and protection of their rights has undergone

the most reforms and developments in the period covered by the report, as evidenced by

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the quantity and quality of measures and results in the area, which seek to empower women and promote the concept of equality between them and men, in light of the provisions of Islamic Sharia. These measures include: drafting the Code of Judicial Decisions (previously mentioned in the report) with a chapter dedicated to personal status decisions; the issuance of High Order no. 33322, dated 21/07/1438 H (corresponding to 18/04/2017), mentioned in Paragraph 21 above, which states that women should not be required to obtain the consent of another person to receive or terminate services; the appointment of 30 women in the Shura Council (20% of the total membership); and granting women the right to vote and run for municipal councils. Furthermore, six women have joined the board of the Human Rights Commission. Saudi women increasingly occupy more important positions such as deputy minister, university director, head of boards of directors at several major companies such as the Saudi Stock Exchange (Tadawul), and have access to decision-making positions in the public and private sectors.

99. Many decisions have been taken to promote women’s rights in relation to the judiciary

, including:

a. Approving the Alimony Fund, as indicated in Paragraph 24 above b. Issuance of the marriage contract in two copies, one for each spouse

c. Allowing women to acquire certification licenses, which grant them the powers of certain notary functions

100. The establishment of the Family Affairs Council and the creation of two committees – for women’s affairs and family protection – are considered significant developments in the institutional framework for the promotion and protection of the rights of women and families. The Committee on Women has already commenced organizing several consultative workshops to review the most notable laws related to women, and has also adopted a mechanism for developing a national strategy for women.

101. The promulgation of the Protection against Abuse Law and its implementing

regulations

– and related operational measures – has contributed to combating violence

against women in all its forms, as per what has been provided for in Paragraph 6 above.

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102. A center was established in 2016 to receive all reports of domestic violence – as mentioned previously in Paragraph 60. The Public Prosecution – in accordance with Article 17 of the Law of Criminal Procedure – shall have the jurisdiction to initiate criminal action and investigate cases involving a private right of action, if it deems it necessary for public interest.

103. As part of promoting women’s right of movement, High Order no. 905 – dated 06/01/1439H (corresponding to 26/09/2017) – approved the implementation of the Traffic Law and its implementing regulations, including the issuance of driving permits to women and men alike. In its preparations for women drivers in the Kingdom, the General Department of Traffic has already authorized five driving schools in the Kingdom to provide lessons to women, and collaborated with universities to open quality driving schools and prepare 21 locations across the Kingdom to receive women with foreign driving licenses wishing to replace them with a Saudi license. It should be noted that the High Order has already entered into force, and women in Saudi Arabia have taken to the road on 10/10/1439 H (corresponding to 24/06/2018).

104. Various initiatives have been launched to empower women economically across all regions of the Kingdom, such as the “Qurrah” program, which helps improve the facilities at childcare centers for working women, and the “Wusool” program, which supports the commute of working women. Additional initiatives include the “Freelance Program”, which helps women generate additional income using their different skills, and the “Part-Time” and “Remote Work” Programs, both of which enable women to strike a healthy balance between their families and their jobs, and gives women living in rural and remote areas the opportunity to engage in the labor market.

105. As a result of increased female participation in the legal domain, with women now

initiating procedures in the court, working at the Public Prosecution, or offering legal

services as lawyers, the Public Prosecutor has issued instructions for the equal treatment

of both female and male lawyers and prosecutors, and to provide women with access to

both the case files and trials of their clients, in accordance with Article 70 of the Law of

Criminal Procedure.

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106. Among other noteworthy developments is the increase of women holding government positions, the creation of programs for expanding women employment in cooperation with the Human Resources Development Fund, the General Organization for Social Insurance, and the Technical and Vocational Training Corporation, and in partnership with business owners. In the first quarter of 2018, the number of working women reached 2,033,668, compared with 2,008,233 in 2017 for the same period. Furthermore, the number of Saudi women in leadership positions in the private sector increased to 559,814 in the first quarter of 2018, representing 32% of the total number of Saudis in similar positions. Saudi Vision 2030 aims to increase the participation of women in the labor market from 22% to 30% by the year 2030, which would contribute to a 3% increase in the non-oil GDP.

107. With regard to equal pay for equal work, Article 34 of the Standard Regulations of the Labor Law provides for a number of general terms, including the prevention of discrimination in wages between men and women for work of equal value. It should be noted that the Kingdom is also party to the ILO Equal Remuneration Convention no. 100 and the Discrimination (Employment and Occupation) Convention no. 111.

108. In addition to the achievements made in the development of women’s rights, the Mother and Child Health Passport (MCHP) was adopted to help track the medical history of the mother and child from pregnancy and birth until the child’s 5

birthday. An advanced model for prenatal care has also been implemented, with the relevant literature amended and published in accordance with the standards of the World Health Organization.

Furthermore, the National Observatory for Women was established as a resource institute affiliated with the King Abdullah Institute for Research and Consulting Studies at King Saud University. It specializes in monitoring the Saudi woman’s contribution to development and her growing role in civil associations and institutions, given that she represents 25% of the founding members of the Human Rights Commission, the boards of banks, chambers of commerce, and the Saudi Council of Engineers, and that there has been an increasing number of charities established or supervised by women.

109. Saudi businesswomen have registered high standings in international lists and rankings,

and have organized several workshops in various regions of the Kingdom aimed at