Saudi Human Rights Commission (SHRC) issues human rights ...

SHRC issued a status report on human rights in Saudi Arabia. The report was submitted to King Abdullah bin Abdul-Aziz pursuant to paragraph (10) of Article (5) of SHRC regulations. The report highlighted support and attention given to human rights by King Abdullah, may Allah preserves him, his sage government and vari-ous government agencies. The support and attention clearly translate the contents of the governance code as reflected by the overall development plan. Human rights assurance and boosting come at the top of the recent ninth development plan objectives. The plan's several development programs are designed to meet this purpose.

The report stressed the need to implement regula-tions derived from the governance code e.g. penal code, pleadings, labor, anti-human trafficking and other regu-lations of relevance to human rights. It is necessary to ensure rules and regulations and the attitude of service providing staff conform to the principles, concepts and values of human rights.

Delegation of the UN high commission for human rights concludes its visit to Saudi Arabia

Shura Council meets head of human rights department at the Britishministry offoreign affairs

Special needs individuals in Saudi Arabia….. a group that en-joys continued support and attention

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Human Rights periodical Bulletin Issued BySaudi Human Rights Commission

Saudi Arabia

Saudi Human Rights Commission (SHRC)issues human rights status report

In a meeting chaired by the second deputy premier

Human RightsHuman Rights Newsletter Issue No.(15)

See page..(04)

In a meeting chaired by the second deputy premier, Prince Migrin bin Abdul-Aziz Al-Saud, the Saudi cabinet ratified regulations on protection from abuse. The new regulations provide, inter alia, guarantee of protection from all sorts of abuse.

The Cabinet decided to change the title of the (National Committee for taking care of Mental Health Patients and their families) issued under cabinet resolution # (104) dated 3/4/1403 H so that it becomes (The National Committee for Boosting of Mental Health).

Upon recommendation from minister of Social Welfare, and upon review of Shura Council reso-lution # (32/71) dated 22/6/1433 H, the cabinet approved regulations on protection from abuse in the form attached to the resolution.

A royal decree is issued accordingly.

The main features of the regulations are:1- The regulations target many items includ-

ing: Ensure protection from all sorts of abuse is

provided. Assistance, shelter, social, psychologi-cal and health care shall be provided. Necessary action and penalty shall be imposed on offender

2- Any person who witness an abuse shall report the same immediately

3- Without prejudice to rules of relevance to these regulations, each public servant whether civilian or non-civilian and each worker at the private sector who witness an abuse – within his job – shall report the same to his/her employer who shall in turn report the case to Ministry of Social Welfare or to the police. By-laws.

4- Reporter of abuse shall only be disclosed at his/her consent or in cases specified in the regulations by-law. Ministry of Social Welfare employees and each person who is aware of information on abuse, within his job, shall maintain confidentiality of suth information.

Saudi Cabinet ratifies Protection From Abuse Regulations

Human Rights Newsletter Issue No.(15) Rebounds Human Rights2

Delegation of the UN high com-mission for human rights con-cludes its visit to Saudi Arabia

Delegation of the UN high commission for human rights concluded a visit to Saudi Arabia that started Monday 17/06/2013. The visit came pursuant to a memo of understanding between Saudi Arabia and the commission to conduct visits to several agencies and implement some programs and activities. The commission visited several agencies including ministry of foreign affairs, ministry of education, ministry of jus-tice, Saudi Human Rights Commission, Family Security Program, National Society for Human Rights and several NGO’s, Prince Salman for Disability Research center and SHRC Anti-Human Trafficking National Committee.

At an earlier date, Saudi Arabia and the Com-mission signed a memorandum of understand-ing in the context of boosting of cooperation

between Saudi Arabia, represented by SHRC, and the High Commission. The memorandum provides for boosting of activities, programs and developing and conducting of out of the coun-try and inside the country professional training programs to local resources on human rights.

The High Commission delegation com-mended the great cooperation and enthusiasm for taking advantage of international resources in this area.

Moreover, the delegation lauded the increas-ing interest in human rights in Saudi Arabia and the role played by the competent agencies in boosting and protecting of human rights. The delegation developed a conception on the training package it will deliver to government agencies and NOG’s in association with SHRC.

On behalf of himself and human rights council, Saudi Human Rights Commission(SHRC) Chairman Dr. Bandar bin Mohamed Al- Aiban expressed his utmost appreciation and gratitude to the Custodian of The Two Holy Mosques and his sapient government for ratification of protection against abuse regula-tions. Signaling the keen interest of the king in maintaining of rights, dignity, security and safety of all members of the community that should not be violated in any way, the chairman confirmed that Saudi Arabia is proceeding diligently to enact rules and regulations that con-tribute to protection against abuse. Special attention is given to the most vulnerable categories, namely seniors, women and children. All population of this valuable country should enjoy all the rights and ensure individual's dignity is preserved.

He praised the regulations as signaling a qualitative shift in the area of protection from abuse that reflects the civilized profile of Saud Arabia. In line with Islamic Shari’a, ethics and good practices, the new regulations provide protection to all components of the community against abuse and violence. Regard-less of his/her relationship or/and kinship with the victim, the abuser

will be subject to punishment under regulations derived from our noble Islamic teachings. Allah says: “We have honored human beings”. With an increasing number of complaints about violence against women and children reported by several organizations including Human Rights Commission, a need has been identified for regulations that provide protection against all sorts of abuse while providing assistance, resolving of problems, shelter, social welfare, psychological and heath care to victims of violence. The new regulations have provided for all that. He emphasized that protection from abuse is of great importance and high priority to the Commis-sion. The Commission’s report, duly supported by the Custodian of The Two Holy Mosques, sug-gested several recommendations including the need for regulations

to curb violence and special regu-lations for protection from abuse. He stressed the significance of collaboration of all components of the community and competent government agencies to implement these regulations. Human Rights Commission aspires that individuals and competent agencies will join forces to ensure awareness among components of the community, par-ticularly schools, universities and mosque preachers. The Commission will pursue with relevant authori-ties to expedite implementation.

The Commission’s chair-man concluded his statement by praying to Allah to preserve the security, stability and prosperity of this beloved country under the astute leadership of the Custodian of The Two Holy Mosques, King Abdullah bin Abdulaziz, may Allah support him.

Chairman of Saudi Human Rights (SHRC) thanks Custodian of The Two Holy Mosques while confirming endeavors of Saudi Arabia to en-

act rules and regulations that preserve dignity of the community

Following approval of protection against abuse regulations

Dr. Al-Aiban receives Swiss ambassador and his delegationChairman of the Saudi Human Rights

Commission (SHRC) met at his office on 19/06/2013, the Swiss ambassador to Saudi Arabia Mr. Reinhardt and his delegation.

Cordial talks were exchanged during the meeting. They reviewed relationship between Saudi Arabia and Switzerland and how to boost them, particularly in the area of hu-man rights.

SHRC chairman underscored develop-ments in Saudi Arabia with respect to human rights and the support from King Abdullah bin Abdul-Aziz , may Allah preserves him, and the resolutions and regulations in favor of human rights.

He confirmed that human rights are guaranteed to citizens and expatriates alike under the rule of the noble Islamic Shari’a. He emphasized that Saudi Arabia is moving steadily towards achieving of sustainable development. The recent boom reflects de-termination of the sage government of king Abdullah to accomplish this objective.

From his side, Swiss ambassador underlined the relationships between the two friendly countries and commended the development and progress in various areas in Saudi Arabia.

ReboundsHuman Rights Newsletter Issue No.(15) Human Rights 3

Al-Husain: Some international reports on human rights are less factual

Vice chairman of the Saudi Human Rights Commission (SHRC) Dr. Zaid bin Abdul Muh-sin Al-Husain met the Irish vice ambassador to Saudi Arabia Mr. Justin Ryan at the commission’s

premises. At the beginning of the meeting Husain reviewed the tasks of SHRC and the vast authorities vested by its regulations to protect and boost human rights accord-ing to international standards in

conformity with Islamic Shari’a laws that provide for protection of human rights and outlaw human rights violation. He underscored the efforts made by SHRC in the area of human rights protection

and dissemination of awareness on human rights. He signaled the accelerating progress in the ar-eas of development and human rights in Saudi Arabia. Compared to the time scale of the evolution process in advanced communi-ties, Saudi Arabia made record progress in this regard. Husain explained that misunderstanding of Islamic Shari’a and values of the Saudi community, information not taken from original sources, generalization of individual cases and some biased stances made human rights reports issued by some international parties less factual. Moreover, some media sources disseminate inaccurate and in most cases subjective reports.

Husain answered questions from the Vice ambassador on the role of SHRC , regulations and practices. He commended the vice ambassador’s visit in order to get information from original sources.

Human Rights and Complaints Committee of Shura Council held a meeting in Riyadh with Louise de Sousa, head of human rights department in the British ministry of foreign affairs.

Dr. Abdullah bin Muharib Zu-fairi, chairman of the committee welcomed the head of the British human rights department and the delegation that accompanied her. He underscored the solid relation-ships between Saudi Arabia and the United Kingdom in various areas including parliamentary relations between Shura Council and the British parliament.

Dr. Zufairi briefed the British official on Shura tasks, jurisdiction and work mechanism. He briefed her on the Human Rights & Complaints Committee and its role in the area of human rights in Saudi Arabia and pertinent international regulations.

Chairman of human rights com-mittee explained that the committee is studying at present many issues with relevance to human rights.

Committee members confirmed to

the head of human rights department of the British ministry of foreign af-fairs that Saudi Arabia pays utmost attention and care to human rights guided by noble Islam teachings that dignify human beings and preserve their rights.

The meeting signaled King Abdul-lah bin Abdul-Aziz pioneering role in boosting of understanding, tolerance and disseminating the culture of dialogue among members of the community. King Abdul-Aziz National Centre for Dialogue has been established in

order to provide a suitable environ-ment that supports national dialogue among categories and segments of the community (males and females) to ensure realization of public inter-est and maintaining national unity based on Islam doctrine.

Shura Council meets head of human rights department at the British ministry of foreign affairs

The report underscored the great attention given to the two holy mosques and shrines by The Custodian of The Two Holy Mosques, may Allah pre-serves him. The holy mosque in Makkah and the prophet’s mosque have received the most extensive expansion in history including expansion of Mattaf and the major development projects of the holy shrines, so that Muslims can perform their rituals easily and com-fortably.

The report highlighted promi-nent human rights deviation in government agencies and others and complaints received and through its inspection visits to various regions of the coun-try and through monitoring of implementation of human rights rules by government agencies and media reports in addition to the outcome of workshops

and forums arranged by SHRC. The report reviews actions and arrangement made by govern-ment agencies to ensure and

boost human rights in Saudi Arabia including some posi-tive indicators.

In its report SHRC revealed

the nature of complaints reported to the commission. It classified the complaints into 20 types. Most prominent areas are: pris-

Human Rights Newsletter Issue No.(15)coverage Human Rights4

Saudi Human Right Commission files a report to the king on the main accomplishments on human rights reforms

These directives covered most of the sec-tors. Most prominent are: support and develop procedures of the judicial authority, support of the health care sectors through establishing of health cities in various regions of Saudi Arabia and expanding the number of hospitals and primary care centers, establishing of research centers, increasing maximum funding limit of private hospitals, support of the education sector and developing of curriculums and ex-pand construction of schools and universities. King Abdullah bin Abdul-Aziz initiative for evolution of public education and the initiative of the Custodian of The Two Holy Mosques for out of the country scholarship are con-sidered a qualitative shift in the journey of education in Saudi Arabia. Moreover, social welfare programs are supported and fund allocations are increased for prepaying aid and support to the most needy categories of the community. Support of housing projects: the capital of the real estate fund has been increased. Royal orders have been issued for providing suitable housing to the citizens and facilitate acquisition of houses. Support of the national economy through investing in infrastructure, development projects, support to industrial, agricultural, service, tourism, cultural projects etc… Creating of jobs, im-proving of wages, support to young people programs by establishing of literal and sport clubs and care to talented individuals.

oners and detainees, the rights to resort to court and equal-ity before the court, protection from abuse and torture, physical safety, reputation and dignity, movement and travel, nation-ality and residence and other basic rights, in addition to the right to job, social care, health care, protection from family violence and other economic, social and cultural rights. Rights of vulnerable individuals e.g. women, children, disabled and seniors. Most of the complaints are tackled by the commission through regular procedure ac-cording to the commission’s jurisdiction, including referral to the commission’s reconciliation teams or by communicating with the competent agency. The report included a sum-mary of complaints tackled by the commission and the most significant conclusions.

The report underscored defi-ciencies in several government agencies that resulted in devia-tions to human rights or failure to activate some regulations and instructions by government agencies. The commission ap-pealed for resolving of those violations and for enforcement of rules, regulations and in-structions.

The report signaled dissemi-nation of human rights culture and education and the national plan adopted by the commis-sion for dissemination of human rights culture in association with other government agencies and other parties. The plan provides

for promoting and boosting of human rights awareness among members of the com-munity and ensure they avail their rights and warns against violations while underscoring the significance of activating human rights protecting and boosting rules and regulations.

The reports talked about international collaboration in the area of human rights. It highlighted the international appreciation of Saudi Arabia human rights efforts. The report talked about relationships of Saudi Arabia with UN agencies, mechanisms and conventions it has acceded to. The report highlighted the commission’s pursue of cases of Saudi de-tainees and prisoners outside Saudi Arabia.

Recommendations

Based on scrutiny of devia-tions and challenges that need government and non-government agencies to work together in order to meet aspirations and visions of the Custodian of The Two Holy Mosques, may Allah preserves him- to ensure actual practicing of human rights val-ues and principles, the report contained seventy five recom-mendations for protection and boosting of human rights. The

most important areas include:

Judicial system

The commission recommended a criminal system that docu-ments verdicts on corporeal punishment, blood money and discretionary sanctions while considering alternative punish-ments whenever it is possible. Moreover, personal status laws in Islam should be documented. Courts of separate jurisdiction shall be established as soon as possible based on the nature and type of crime as indicated in the new judiciary and Grievance Office regulations and business process. More judges shall be hired in consistence with the increasing number of claims

filed before courts to ensure expeditious resolving of these claims and guarantee rights of the adversaries. Moreover, cur-riculums in faculties of Shari’a

and law should be revised with new programs initiated in consistence with various court jurisdiction. Courses should include human rights subjects. The role of verdict implementation judge should be activated to ensure timely

implementation of ver-dicts whether issued

by public judiciary authority or by the administrative ju-risdiction. Rules shall be enacted to inflict punish-ment on violators. Proceedings shall

coverageHuman Rights Newsletter Issue No.(15) Human Rights 5

SHRC report signals the reform and development journey initiated by the Custodian of The Two Holy Mosques king Abdullha bin Abdul-Aziz, may Allah sup-ports him in order to boost and entrench principles of justice and equality among members of the community and ensure human rights that are guaranteed by the noble Islam Shari’a

The report reviews the main achievements during the reign of the Custodian of The Two Holy Mosques that witnessed qualitative reform leaps. Many royal decrees and directives were issued to ensure security and stability of the country, its growth and prosper-ity and creating the best prospects of decent life to its people and to everybody residing in the country and allow them contribute to the construction and devel-opment efforts

be pursued in public except for some exceptional cases specified by regulations. It is necessary to open female sections in the courts to provide legal advice and assistance.

Penal justice

SHRC demanded a clause to be included in the penal proceedings regulations or its by-law that alerts the defen-dant to his/her rights and the guarantees available for them upon arrest. Access to advocate or proxy shall be facilitated during evidence compilation, investigation and trial. He shall be present in all proceedings according to provisions of the penal procedures. It underscored the need to activate the role of competent agencies in imple-menting the penal procedures in all proceedings and to sup-port the Public Investigation & Prosecution Agency in order to

perform its investigation role type wise and location wise. The penal procedures provide for independent procedure of the investigating authority (Pub-lic Investigation & Prosecution Agency) who should conduct investigation procedures includ-ing ransacking, control of mes-sages, calls tapping and other procedures in accordance with controls identified by rules and regulations. Preventive measures shall be taken and entrenched to eliminate torture by training of police officers in various aspects of human rights and criminal justice. Regular inspection vis-its to prisons, police stations and detention centers shall be

scheduled. Procedures for filing and processing of complaints shall be declared and displayed in conspicuous locations at the competent agencies for review by interested parties.

Prisoners and detainees

In its recommendations, SHRC emphasized the need to expedite clearance of pris-oners and detainees lawsuits on an urgent basis. Everybody blamed for unduly extend-ing detention period should be punished. According to imprisonment and detention regulations, a prisoner/detainee shall be released before noon of the day following the date of completion of imprison-ment/detention period. This rule needs to be activated. A prisoner/detainee should not be retained in prison on other charges, unless a detention war-rant or conviction verdict is

issued against him/her. SHRC demanded implementation of the penal procedures with re-spect to immediate release of a detainee if an acquittal verdict is issued or if the penalty imposed is other than imprisonment, or if the detention period is equivalent to the imprisonment penalty. Rules for release of a prisoner/detainee on health reasons and conditional release shall be activated and should be made known to prisoners and detainees. Prison services should be improved e.g. catering and health care. Overcrowding shall be eliminated in order to maintain reformatory role of prisons. Prisoners shall be classified according to the type of crime and age group. Prison by-laws and penalties should be introduced to prisoners and detainees so that they know their rights and duties. Com-plaint submission and handling system should be developed with decisions announced to all prisoners and detainees. Condi-

Human Rights Newsletter Issue No.(15)coverage Human Rights6The reform and de-

velopment journey start-ed by the Custodian of The Two Holy Mosques in order to boost and entrench principles of justice and equality among members of the community

Issuance of royal decrees and directives in order to ensure security, stability, development and prosperity of the country

Implementation of a national plan for dis-semination of human rights culture in asso-ciation with government agencies

tions and procedures of visits to prisoners/detainees by their relatives should be improved taking into consideration con-ditions of patients, seniors and visitors coming from distant places. Visits frequency shall be increased and longer marital privacy times.

Participation in decision making

SHRC recommended pursu-ing programs and mechanisms that boost participation of male and female citizens in decision making and pursue of plans that render more authority to legisla-tive and regulating authorities while encouraging NGO’s to participate in the decision mak-ing mechanisms.

Freedom of Movement

SHRC recommended bar on travel should be restricted to judicial verdict or/and law provisions

Naturalization and Residence

SHRC stressed the need to resolve naturalization and illegal immigrants as expeditiously as possible.

Corruption Control and entrenching of transparency

SHRC recommended regula-tions to combat misuse of public funds and misuse of authority should be enacted as expeditiously

as possible. Personal financial disclosure shall be included in the sought regulations. A study is needed on faltering govern-ment projects while suggesting solutions. Government agencies shall establish internal auditing sections pursuant to Cabinet Reso-lution # 235 dated 20/8/1425 H

Education SHRC recommended improve-

ment of teachers training pro-grams, educational courses and teaching aids to ensure capacity building of qualified citizens who can contribute to the efforts of national development. General and higher education curriculums should include explicit concepts that boost dialogue, tolerance and rejection of violence and acceptance of others. Children

should be brought up on respect to human rights. School build-ings should comply with inter-national standards and climate conditions in various regions of Saudi Arabia.

Health Care

In its recommendations in the area of health care, SHRC

emphasized the need for acti-vating the patient rights docu-ment that should be binding on public and private health care providers. It recommended increasing of the capacity of public and specialist hospitals and drug addicts rehabilitation hospitals. Sufficient number of doctors shall be provided ac-cording to world ratio of doctors to population. Treatment and basic drug requirements shall be provided by health service providers. A mechanism to ensure expedited transfer of patients to specialist hospital shall be provided including emergency service and medical evacuation. SHRC demanded a mechanism be established to curb medical errors and ensure accountabil-ity of defaulters before courts.

Procedures for tackling medical errors and compensation crite-ria shall be revised. Insurance against medical errors that meet international standards shall be considered. Health insurance shall be implemented as soon as possible. Private sector employ-ers shall be obligated to provide health insurance cover to all employees and their dependants. Separate clinics shall be estab-lished for seniors, handicapped and patients with communicable, chronic and psychiatric diseases, autism and Down’s syndrome children. SHRC demanded opening of more comprehen-sive rehabilitation centers that should be staffed with highly qualified personnel to ensure higher quality of service. Pri-vate sector should be encour-aged to invest in these services. NGO’s providing services to handicapped and seniors shall be supported.

Job

SHRC recommended an ac-curate national statistical index be established that shows percentage of unemployment on regular ba-sis. Top priority shall be given to employment, training and creation of jobs for young male and female candidates. Placement of women shall be expanded in suitable jobs

coverageHuman Rights Newsletter Issue No.(15) Human Rights 7

Top priority to em-ployment and capacity building and expand-ing the scope of women employment that con-forms to its congenital nature and according to Shari’a controls

Saudi Arabia enjoy international apprecia-tion on the area of hu-man rights

according to Shari’a controls. Unemployment of intermediate college female graduates should be resolved. Female teachers po-sitioned in locations outside the zone of their residence should be provided with accommoda-tion or safe transportation under control of ministry of education. Benefits shall be paid to teachers and health workers in accordance with pertinent rules and regula-tions. Graduates of private health institutions shall be reviewed and appropriates solutions shall be provided. It is imperative that expatriates personnel issues should be resolved in the areas of job, health, education and residence. They should keep their documents with them including passports. Domestic helpers by-law shall be issued as soon as possible. Pending worker lawsuits shall be settled as soon as possible following appeal. Court labor sections shall be re-arranged so that all regions are covered in consistence with the new Labor Law and international conventions to which Saudi Arabia is a party.

Handicapped

SHRC recommended more attention to the handicapped. Handicapped care by-laws shall be issued to ensure improvement and due attention to their rights in the areas of health, educa-tion, job, movement, retirement etc……

Protection from violence and abuse

SHRC recommended protection from abuse regulations should be issued as soon as possible. The regulations shall include rules to tackle family violence, preventing women from getting married, sexual harassment, with penalties identified for each crime. Police stations should be duly oriented in order to receive family violence com-plaints. Male and female profes-sional personnel shall be hired to deal with victims to ensure they receive proper protection and care. Female professionals shall be hired while observ-ing Shari’a instructions. Family violence should be traced by activating the role of the social workers at schools, particularly

in primary schools. Appropriate action shall be taken to protect victims. Rules should be enacted for protection of male and fe-male minors against abuse by guardians. Marriage age shall be established. Regulations of the Minors’ Property Management Authority shall be activated.

Women & Children

SHRC made several rec-ommendations on women and children. Government agencies should facilitate ac-cess of women and children to their rights. Female employees shall be there to deal directly with women. Rules should be enacted for mechanical control and documentation of civil re-cords (birth, marriage, divorce, death). Identity documents should issued instantly. Sys-tems in Civil Affairs, Ministry of Justice, Ministry of Health and affiliated agencies should be integrated. Each spouse should be able to get original copies of these documents. It empha-sized the right of a woman to movement and travel in order to collect for her living and job interests using suitable means and mechanisms that guarantee her safety and security. SHRC

recommended a study should be conducted on the situations of Saudi children born to non-Saudi mothers who are living outside the country, especially those who do not possess of-ficial Saudi identity documents. Status of children born to Saudi mother and non-Saudi father should be corrected so that they enjoy decent, secure and

stable life.

Combating Human Traf-ficking

SHRC emphasized the need to orchestrate all national endeavors and boosting of all collaboration aspects and effective participa-tion between government and non-government agencies and individuals in order to combat human trafficking crimes and implement anti-human traffick-ing regulations in collaboration between government and non-government organizations and pursue implementation in order to improve awareness on the se-riousness of this crime, ensure people are alerted, traffickers are punished and freedom and care to the victims including their right to compensation and establishing of appropriate accommodation facilities.

Social care

SHRC recommended social care and protection accommodation and hosting facilities staffed with qualified resources be established in all cities and provinces of Saudi Arabia. Efficient perfor-mance of these facilities shall be realized so proper environment is created that provide protec-tion and decent life to inmates. Girls care facilities should be improved in accordance with high quality standards in order to provide psychological and social rehabilitation, protec-tion and decent life to inmates. They should be classified on the basis of age group and type of problem. More facilities shall be built in all cities and provinces to eliminate relocation of inmates due to overcrowded facilities. SHRC emphasized the need to extend corporeal and incorporeal support to charity foundations so that they open social protection units in cities and provinces where no facilities are avail-able. Code of conduct shall be formulated that include neces-sary guidance instructions and principles to ensure delivery of the best social, health and humanitarian services. Rigor-ous criteria shall be used to

Human Rights Newsletter Issue No.(15)coverage Human Rights8

Recommendation to proceed with developing of programs and mecha-nisms that boost par-ticipation of male and female citizens in the decision making process

Expand opening of social protection and shelter in the cities of Saudi Arabia duly supported by qualified human resources in order to create favorable environment

Finalize accession to human rights international conventions including the international covenant on the civil and political rights and covenant on economic, social and cultural rights

coverage 9Human Rights Newsletter Issue No.(15) Human Rights

select resources according to international standards.

Finance and Economy

SHRC emphasized the need to take necessary actions to control all types of commercial fraud. Specifications and criteria shall be established to eliminate importing and trading of poor quality goods and products. Laws shall be enacted to handle stocks and funds placement. Results of present foreign in-vestment shall be studied and evaluated to ensure realization of the expected benefits to the national economy with respect to boosting of suitable job op-portunities to citizens.

Development

SHRC recommended activa-tion of poverty fighting strategy, its development programs, and increasing of financial aid to poor families. Property loan rules shall be improved so that each citizen purchases a suitable house at the right time against his income and mortgaged assets. Mechanisms of the Real Estate Fund shall be improved to provide for guar-antee to loans issued by local banks to interested citizens for purchase of housing facilities. Arrangements shall be expedited to assign property to citizens in areas developed for residential purposes. Property soft loans shall be arranged as quickly as possible. Field social survey and studies shall be conducted to investigate the conditions and needs of young male and female individuals. Plans and strategies shall be developed to address their problems. Micro and me-dium size enterprises by young

male and female entrepreneurs and indoors family run business shall be encouraged. Academic societies and units should be established for young male and female students that promote their capacities, talents and inter-ests. In each city, district centers shall be activated to meet social, cultural, service, creational and sports needs of both male and female population in various age groups in accordance to Shari’a controls. SHRC emphasized the significance of e-Government

transformations and inte-gration of government agency systems to facilitate delivery of service to citizens and ex-patriates while they are seated at their locations and increase teleworking opportunities for women consistent to their needs.

Public Transportation

SHRC recommended introduc-ing modern public transportation system with infrastructure suit-able to all categories especially children, women, handicapped and seniors. The transportation system should be integral and covers all major parts of densely populated cities.

Environment

SHRC stressed the need to activate environment regula-tions and by-laws that provide for protection of environment, disseminating the culture of environment preservation and protection through media chan-nels, schools, mosques etc….

Conventions, covenants and international collaboration

SHRC recommended comple-

tion of studies on accession of Saudi Arabia to human rights international conventions in-cluding the international chart of civil and political rights covenant, economic, social and cultural rights covenant. Competent government agencies shall be instructed to effectively participate in human rights re-gional and international events in order to promote awareness of and highlight Saudi Ara-bia endeavors in this area and implement the international conventions to which Saudi Arabia acceded in the man-ner that reflect Saudi Arabia reservations. SHRC signaled the importance of activating extradition agreements be-tween Saudi Arabia and other countries and to proceed with signing of such agreements with more countries. National efforts shall be coordinated by all parties involved in prepara-tion of regular reports of the regular general review and conventions to which Saudi Arabia has acceded. Invita-tions to UN special rappor-teurs and thematic mandate holders of the Human Rights Council to visit Saudi Ara-bia shall be considered. Visits may be scheduled in order to meet Saudi Arabia priorities and interests in this area.

SHRC would like to state that it has prepared this re-port in accordance with its mandate to monitor human rights status in Saudi Arabia and ensure competent govern-ment agencies implement rules and regulations in force with respect to human rights and detect deviations to rules and regulations in force in Saudi Arabia that involve violation to human rights and take nec-essary actions in this regard.

SHRC will pursue these recommendations of the re-port with competent agencies by continuous communication and holding of meetings and workshops with each agency on respective issues of relevance.

SHRC will publish this report in its website (www//:http.hrc.gov.sa) where it can be reviewed.

By issuing of this report, SHRC wishes to become a human rights protection, and awareness tool that boosts na-tional gains and achievements of Saudi Arabia in this regard.

In conclusion, SHRC ex-pressed its gratitude, appreciation and thanks to the Custodian of The Two Holy Mosques King Abdullah bin Abdul-Aziz for the enormous efforts, contri-bution and great humanitar-ian initiatives to protect and boost human rights values on various national, regional and international levels.

SHRC prays to Allah to pre-serve this country and perpetu-ate its security, stability and prosperity under the leader-ship of The Custodian of The Two Holy Mosques, his crown prince Salman bin Abdul-Aziz and second vice premier prince Migrin bin Abdul-Aziz, may Allah preserve them.

The significance of activating the patients’ rights so that it becomes binding on all health care providers in both public and private sec-tors and increasing capacities of public and specialist hospitals

Dr . Soraya Al oriadh

I spent some time contemplating on Human Rights Commission report to King Abdullah bin Abdul-Aziz, may Allah preserves him- on the status of human rights in Saudi Arabia.

The more I scrutinized the details, the more I got happy with what I have been reading. It is an arena crowded with tens of millions of people each has rights that he/she might be enjoying or might be deprived of for one or another reason. Among these millions you can hear some who are satisfied, some who complain and others who appeal for reform. We might agree on the source of deficiency and complaint. But quite rarely all people agree on recommendations on the actions need to be taken. Hence comes the significance of the report the recommendations of which are based on developing the most efficient solutions.

With the exception of purely statistical reports that deal with calculations and figures, it is not an easy job to compile in one report the status of nearly 30 million people who live in this country whether they are citizens, expatriates or tempo-rarily residing persons. However, the report has successfully covered status of all categories and issues. It provided qualitative recommendations under twenty sub-titles: government agency com-plaints, judicial system, penal justice, prisoners and detainees, contribution to decision making, freedom of movement, naturalization and resi-dence, combating of corruption and entrenching of transparency, money and economics, education, medical care, persons with disabilities, anti-human trafficking, labor, protection against violence and abuse, social welfare, women and children, pub-lic transportation, environment, conventions and agreements, international collaboration.

I am pleased that SHRC released its report in public so that all categories are assured their situations and complaints are covered in the detailed study that has been culminated by this report. Promised to receive royal care, the content of this report and its recommendations shall constitute the base for any change in the regulations with relevance to human rights. I am quite sure this report, like other reports from government agencies, come in response to instructions from the King, may Allah preserves him. A person who takes interest in all that, is a person who fears Allah while performing his responsibility. It is very easy to deprive people of human rights who cannot find somebody to support them and restore thair rights.

I have no any doubt that all of us, whether optimistic or not, believe that the party asking for the report is quite earnest to know the real situation with an intention to make necessary change that corrects the conditions of those who are suffering from errors in existing situation regulations. Those who have studied the details of these conditions and listened to complaints from individuals and categories, reported and analyzed, summarized and filed recommendations to the king, have done the job with professional-ism and neutrality driven only by sincere desire to ensure protection of human rights.

I have personal knowledge of the profession-alism and neutralism that led to the final recom-mendations of the report. Even if they do not satisfy claims of all individuals in all categories, which is impossible, they meet most of the global demands in the list of human rights.

I would like to commend the recommenda-tions in the areas of decision making process. SHRC recommends developing of programs and mechanisms that boost contribution of male and female citizens to the decision making process with more authorities to legislative and moni-toring agencies (Shura council and SHRC) and encouraging NGO’s to participate to the decision making mechanisms.

Let us go back again to the report issued by Human Rights Commission which was submit-ted to the Custodian of the two Holy Mosques, which I highly appreciate.

There is no community which does not have its appalling problems, when contemplating on the cases and reasons of deprivation from human rights. Deprivation of human rights can be an abuse practiced by somebody over another or social traditions that deprive individuals from human rights or deficiency in one or more regulations.

Abuse practiced by individuals can be eliminated by holding the offender accountable for his/her actions and preventing him/her from plundering the rights of others. It is also important to promote awareness among people to differentiate between what is legal and required by all and between erroneous traditions that prevailed and accepted while they should be discontinued.. However, the deficiency or failure of laws to secure the rights of all individuals can be corrected either by revising or terminating the existing regula-tions or initiating of new laws that fill in the gaps that represent the main reasons for plundering or losing of rights.

International organizations dealing with human rights conditions around the world countries and produce human rights assessment reports depend on non-official sources for information, at the top comes groups who are suffering from uncomfort-able or unfair conditions they demand to have them corrected. It is expected that members of the same family do not show the same level of satisfaction over their individual conditions as compared to the conditions of other members of the family. Hence, it is normal that, in each single country, there are individuals and groups of people who feel they do not receive the rights they believe they are entitled to or the rights enlisted in the human rights chart which are deemed as internationally accepted basic rights that every human being should enjoy before being born until his/her death.

An impressive fact is to have a report on human rights, issued on internal directive and attitude to correct conditions of human rights, based on detailed study of issues that are the source of increasing clamor of complaint. This means that it focuses on viable recommenda-

tions. However, the goal of external investigating organizations often concentrates on issuing of accusations, whether proven or unproven, against governments.

Human Rights Organization report included 75 recommendations; the following are just ex-amples taken from them:

In the area of health care: Activation of the charter of patients’ rights covenant, increasing capacity of hospitals, establishing a mechanism for expeditious transfer and transporting of patients to specialized facilities and a mechanism to curb medical errors and persecution of offenders.

Judiciary system: There are fifteen recom-mendations including preparing a penal bill to document rules, corporeal punishment, blood money, crimes codifications. Women sections shall be opened as soon as possible in the courts staffed with female advisors at courts and for legal assistance.

It recommends that bar on travel should be restricted to those against whom court verdicts have been issued or cases that fall under rule of law. It also recommends that citizenship cases, prisoners/detainee cases, classification of prison-ers and overcrowded prisons should be resolved as soon as possible while punishing violators of regulations.

Manpower and Unemployment Combating: There are fifteen recommendations including: An accurate statistical national index shall be developed that regularly shows unemployment rates. Priority should be given to employment, training and securing job opportunities for men and women. In addition, women job opportunities should be expanded. Problems of female graduates and teachers assigned for work outside the area where they live should be resolved. Financial and job problems in the sectors of education and health should be resolved. Expatriate workers personnel matters should be organized and their conditions settled in accordance to the new labor law and. international conventions ratified by Saudi Arabia..

Women and children rights: There are vari-ous recommendations including: The need to ac-celerate enforcement of protection from abuse regulations and to facilitate reporting of offense; assigning male and female professional workers; opening of more well equipped refuge and shelter facilities to offer integrated services; review and correcting the conditions of children born to a non-Saudi mother or father. It also stresses the right of woman in the freedom of movement and travel in order to collect for her occupational and living needs using suitable secure means and mechanisms.

With my wholeheartedly thanks to everyone who has contributed to preparing this report, I have great hopes that all its recommendations will be approved. I wish it will be delivered to Shura Council so that I can add another recom-mendation that these recommendations should be enforced.

Comments on Human Rights report

Human Rights Newsletter Issue No.(15)report Human Rights10

reportHuman Rights Newsletter Issue No.(15) Human Rights 11

Hamad bin Abdullah al-Qadi

Dr. Fayez bin Abdullah al-Shehri

Some government and private agencies used to issue reports that are theoretical and based on hopes formulated in office or during committee-meetings. Such reports are useless and fruitless.

On the other hand, there are reports that you feel, while reading them, that they address the interests of people; that is because the agency that issues them builds its recommendations on people’s issues and concerns through close monitoring of people’s complaints. Hence, its reports addresses those concerns and complaints, while recommend-ing practical, rather than theoretical solutions.

Among these reports is the Saudi Human Rights Commission (SHRC) report that I read on its web-site, after reading a briefing on the report and its main recommendations. On the HRC website, I noticed that, the report, in its analysis, views and perceptions,is consistent with people’s concerns, and addresses their demands. The report main text and recommendations address the most important complains of different sectors of the society, es-

pecially the most vulnerable groups, i.e. children, women and seniors, who mostly suffer from usurped rights, due to failure of certain government and private agencies to enforce regulations, and the lack of appropriate mechanisms and by-laws that ensure delivery of rights, and monitor deviations.

I paused at the recommendations of HRC by the end of the report. They are realistic, be it those related to the rights of women, children or prison-ers, or recommendations on the judicial system or protection against abuse. The report sets the basis for introducing of human rights. Should every government agency or NGO implement the recom-mendations that fall under its jurisdiction, many people would availtheir rights with no delay or a need to go to courts or police stations.

What remains to be done is the people’s aware-ness of their rights. Without knowing them, rights will be lost, and people will not be able to claim them.How many women that have suffered from injustice and children that have been abused; a

handicapped that has been hurt, an elderly that has been disrespected. The only reason for that is simply because they don’t know their rights so as to claim and avail them. As indicated in SHRC report, the Custodian of the Two Holy Mosques issued instructions to disseminate the culture of human rights; conduct workshops and mobilize media sources to make everybody and every group of people aware of their rights and claim them from competent authorities. I have read that SHRC has started activating the Royal instructions by intro-ducing of human rights and conducting human rights awareness workshops. It is good that they started with women through several successful workshops that were met with interaction from women. I would suggest that SHRC pursue such workshops kingdom-wide. It needs to address the most vulnerable groups like seniors, divorced women, suspended wives, widows, orphans etc…..

Source: al-Jazeerah Newspaper

The above title, be it in Arabic, English or any language, is enough in itself to stir greedy attention of TV’s and audience, with minimum unbiased , and a lot of biased comments. If we look through an ob-jective eye, we would find out that the root of the international criticism (to KSA) does not target only the poor performance of governmental agencies. It targets the religious structure of the society and state, mainly the IslamicShari’a Laws.

Yes, let’s admit it, we are not the best with regards to human rights; and that is why two commissions have been established, in addition to sections in most of the government agencies. However, the concept of “Human Rights”, being a culture and behavior, needs comprehensive social efforts, starting from the bottom. On the streets, we should observe the rights of a vulnerable laborer, at home we should treat housemaids with mercy, and ending up with the top of the government agencies.

It is amazing how enthusiastic the antagonists and semi-antagonists to our community and our life style, will be when international organizations, the background of which is not quite known to us, write about our society and our life style. Such reports issued from the west and east will be debated and praised

in panel discussions, TV shows and articles. They consider the authors’ authenticity beyond doubt!.A recent evidence to this attitude, is the qualitative report issued by the national HRC on “The Status of Human Rights in Saudi Arabia”. The report criticized human rights situations, revealing substantial deficiencies in government agencies; but a ‘local performer cannot entertain’, this report has not received the attention that it deserves, though it discusses our situations and failures through field visits and interviews – rather than through secret reports infiltrated to those inter-national organizations for the purpose of disruption rather than reform.

If the reason behind writing and criticizing is to pursue domestic reform and maintain the security of our society, the national HRC report is a fancy gift for those who want to work on this issue. They can cite bold honest paragraphs of the report that highlight deficien-cies and illustrate the desire for reform in everything related to “prisoners, detainees, the right to resort to court,equality before courts, protection from abuse and torture, protection of physical safety, protection of reputation and dignity, the right of movement and travel, nationalization and residence rights, and other basic rights, in addition to the right to work, social

welfare, health care, protection against domestic vio-lence, and other economic, social and cultural rights.”

The reader of the recently issued national HRC report would find explicit national strategic principles, that surpass all reports of international organizations, not only with regards to violated human rights before some agencies, but to all maintained rights. For example, the demand to promote participation of citizens in the decision making process, encouraging NGO’s, free-dom to travel, acceleration of regulations that control misuse of public fund, misuse of authority, financial disclosure, falteringstate enterprises, creating a ‘na-tional indicator’ that regularly shows the percentage of unemployment, the crucial need to fight poverty, and increase social welfare aid.

How would the situation of human rights be changed if we, individuals and organizations, do not effectively interact with a report of a national com-mission? How do we acquit ourselves of blame with the SHRC showing us areas of our weaknesses?

Quote:You need to listen to someone who shows you

the reason of ‘fire’, or you open the ‘way’ for him.

Source: al-Riyadh Newspaper

Human Rights Commission (HRC) Report

The only thing that remains is interaction and activation of government agencies and NGO's

Human Rights in «Saudi Arabia»

A short film released by SHRC on the right of a divorced woman to see her children

As a Muslim, I’ll not deprive a mother from her children


In continuation to its efforts in dis-seminating human rights culture and entrenching the concepts of rights and duties among members of the Saudi community, SHRC has recently released a short film on its YouTube channel on the right of a divorced mother to see her children.

A divorced mother contact with her children is one of the most sensitive and controversial issues. It reflects a situation of continued bitter suffering of divorced mothers who cannot see their children due to abuse by their ex-husbands.

In a very impressive scene, the film illustrates the extent of injustice some fathers exercise by depriving the divorced mother from meeting with her children. In that scene the mother implores her ex-husband saying: “May Allah bless you. I want to see my children. I have a mandate from the judge”. She means to say the judge decided that she may see her children. But the father disregards the feelings of the mournful mother and disregards the court order and hurts the heart of a mother who has been waiting for her children to come out from school to

embrace them. He says: “I say that I don’t have children for you to see”.

Upon intransigence of the father, the distressed mother, in a taxi, ex-changed looks, grieve and tears with her children while their father was driving them home. The malevolent ex-husband closed the windscreen so

that she could not see them.SHRC always tries to remind each

member of the community to comply with human rights. It reminds the cruel father of the divine punishment for his injustice towards his ex-wife and children. It reminds him of the verse saying “Don’t think Allah is oblivi-

ous of the deeds of unjust people. He only postpones them to a day when everybody looks frightened”.

The film ends with a reminder phrase “Being a Muslim, I don’t deprive a mother from her children or children from their mother”. It might be a useful reminder to him as a Muslim.

Saudi Human Rights Commission (SHRC) has launched, through its channel on YouTube and satellite channels, an important educating film about one of the important social issues, namely “A’dhel” (unfairly preventing one’s daughter or sister from getting married).

This comes within SHRC ef-forts to disseminate human rights culture in the society. It started by producing short films address-ing social issues in a professional manner, within the social values derived from Islam.

The film warns against “A’dhel” (unfairly preventing a woman from getting married) a currently com-mon practice in the society. It is a violation to the teachings of Islam. Islam encourages society and parents to facilitate marriage, as “A’dhel” would make the woman spiteful to her family for being unfair and ignoring her feelings and wishes to live her own life with her own family. There are so many cases

where the daughter condemns her father instead of praying for him; with her heart full of hatred and malice instead of love and respect.

SHRC, through this film, urges fathers not to misuse their author-ity by exercising prejudice against woman in any way, especially by preventing her from getting married.

The film starts with the announce-ment of the academic grades of

“Nourah Abdullah”, who has just graduated from the university with Honor degree, which indicates a bright carrier in future. That where the problem lies. A painful scene shows a greedy father or another guardian who usurps her monthly salaries and deprives her from get-ting married on various excuses. In the class room, Nourah says to her students: “the consequences

of injustice are disastrous and dangerous.”

The film shows the woman who suffers from “A’dhel” watch-ing children in the streets, and her motherly instinct is aroused, while she is deprived the hap-piness of living with a husband and children of her own; all just because someone decided to get earthy cheap benefits under flimsy justifications.

The film has widely been watched since it has been launched on the internet, and has been shared by different websites and blogs, due to the importance of the issue it ad-

dresses. Viewers commended SHRC efforts designed to serve the society.

The film concludes by a strong, great and deterrent phrase for those who prevent their daughters from getting married in order to usurp their earnings: “Guardianship is a trust that should be exercised for the benefit of the woman, rather than deprive her from getting married.”

.. and Launches an Educating Film


Human Rights Commission Launches an Educating Film about Loyalty to Mother

Within its Human Rights Dissemination Program:

Through its channel in YouTube and satellite channels,Human Rights Commission (HRC) has launched an educating film about loyalty to mother, simultaneously with the issuance of its annual report on Human Rights in the Saudi Arabia.

The film has been launched to remind

children to become loyal, kind and obedient to their parents. Allah ranks the parents in the highest hierarchy. He asserted their right to obedience and kindness and satisfaction. They come next after instructions by Al-lah to worship him.Allah says: (Your Lord has decreed that you worship

none but Him. And you shall be kind to your parents.) Israa 23.

Aware of the great role of mother in the society,suffering during preg-nancy, giving birth, breast-feeding, and care to her baby, things that fathers do not suffer, HRC produced a short film about mother.

The film narrates a story of a young man who has returned home from a trip, speaking to one of his friends on mobile and saying that he misses a lady he loves, whom he has not seen for two days. He makes an appointment with her to meet at lunch. The second scene shows him opening the door of his car for the lady he loves, and walking together into the restaurant. Watching them seated at the table, the audience discovers that the lady is his mother. He kisses her hand and gives her gifts.

The film received wide popular-ity and high rate of watching. The underlying reason for that is attributed to the fact that the film addresses the need of the society for such mean-ingful drama. This superior drama is conductive to SHRC aspirations to strengthen the social fabric using planned programs.

The film is distinguished for a unique vision of the film director, focusing on arousing of human emotion to achieve a noble target, namely loyalty to parents, especially the mother, whose special role was emphasized by the Prophet (PBUH) in response to question on loy-alty to parents: ‘who is the agnestion that I should be loyal to? By saying: “… your mother (three times, then) your father.”

HRC produced an awareness short film on the need of fair treatment to housemaids. The film emphasize the right of a housemaid to fair humani-tarian treatment that respect her as a human being. The film comes within a series of films produced by HRC to disseminate human rights culture in Saudi Arabia under an initiative adopted by HRC entitled (Because I am a Muslim).

The story of the film talks about an Indonesian maid that left her country for a job in Saudi Arabia. She left her children weeping for her depar-ture, while her mind was occupied by contemplating on the unknown destiny she is going to face in the coming days away from her family and country. The film displays the impressive moments in Indonesia in a technically wonderful scene.

The idea of the film is to remind

family members and particularly the housewife that this housemaid has a life and family like hers. That the expatriate housemaid who left her country and family is entitled to a decent Islamic and humanitarian treat-

ment. This drama concentrates on positive aspects rather than negative one in order to produce the required psychological effect by reminding the family of their humanitarian values and the humanity of their housemaid.

The film is met by a very high degree of view through YouTube.

After the impressive farewell scene in Indonesia, the scene in Saudi Arabia shows arrival of the maid to the house of her employer.

A Saudi woman receives her with a smile that dissipates fears of the maid.

The film ends up with instruc-tions of Prophet Mohamed prayers and peace be upon him, regarding maids: (They are under your con-trol. If somebody is under control of his brother, he should provide him with food and clothes like his. Don’t overburden them with work. Otherwise you help them do the job). These words urge for good treat-

ment, kindness, tenderness and com-pliance with good morals according to teachings of Islam and to eliminate reprehensible actions like insulting, cursing and ridicule etc…

Human Rights Commission produces an awareness film on treatment of housemaids

Because I am a Muslim, I respect their humanity

Support and Care

The handicapped issue in Saudi Arabia receives continued support and care. The government pays immense attention to tackling the handicapped issue in order to mitigate its negative impacts in gen-eral. It supports charity organizations’ programs and activities targeting this category. The Saudi cabinet decided to exempt handicapped aid items from custom duties.

In line with its pioneering role in the area of services and care to the handicapped, Saudi Arabia pays heed to the conventions and charts ratified by UN and legislative institutions that ensure decent life to the handicapped. It reserves no effort to integrate this category in the community and exploit their capabilities. Endeavors have been crowned by Saudi cabinet ratification of the bill that led to a historical qualitative shift in tackling of the handicapped issue.

Statistical data

Some reports speak of 720,000 handicapped persons in Saudi Arabia. According to earlier reports from Ministry of Health, annual life births range between 400,000 to 500,000 of whom 400 to 500 are handicapped i.e. one child in every thousand children is born handicapped.

In the same context, Salman Dajani, who es-tablished the first handicapped rehabilitation center in Saudi Arabia, said in earlier statements that the percentage of handicapped persons is 0.8% of the total Saudi population. He added that (43.7%) of the disability cases among the Saudi population are congenital, (23.8%) are caused by disease, (8.8%) are related to obstetrician problems, (6.9%) are re-lated to pregnancy problems and (16.8%) are caused by traffic accidents. The handicapped females are (65%) while the handicapped males are (35%). He explained that these figures are calculated out of Saudi Arabia 1429 census.

Handicapped rights in Saudi Arabia

In consistence with Saudi Arabia pioneering role in assuring the rights and welfare of the handicapped, the government of the Custodian of the Two Holy Mosques is committed to the conventions and char-ters ratified by the UN and legislative institutions to guarantee all rights of the handicapped, ensure integration in the community and exploitation of their capabilities. All that has been crowned by is-

suance of the national regulations for handicapped welfare duly ratified by the Saudi cabinet. It marks a qualitative historical shift in handling of the dis-ability issue.

32 years earlier, the Saudi cabinet issued a res-olution that gives handicapped individuals, duly rehabilitated at Ministry of Social Welfare rehabili-tation centers under certain conditions, the right to financial aid for establishing of their own individual or multilateral business enterprises.

Some articles of government regulations that address issues of special requirement individuals, stipulate the right of a handicapped child to educa-tion in the least complicated environment through integration with his mates in regular schools. This approach will develop more social acceptance of the handicapped child. He/she will be able to imitate the behavior of normal children in a manner that will enhance attitudes of normal children towards handicapped children.

The Saudi cabinet has decided recently to exempt handicapped persons of visa charges for recruitment of a private driver, maid and/or nurse).


Disability is one of the most serious issues that confront all communities. Saudi Arabia has been quick to per-ceive the seriousness of this problem. It has been a forerunner in taking of decisions and actions that contribute to resolving most of the problems of this category that receives sympathy by our country and the citizen.

The government of the Custodian of the Two Holy Mosques – may Allah preserves him - supports organiza-tions and institutions that provide aid and support to the handicapped. Not confined only to the local level, the scope of the Saudi government efforts include collaboration and coordination with all pertinent parties at the regional and international levels, leading to positive results on the conditions of the handicapped in Saudi Arabia.

Special needs individuals in Saudi Arabia….. a group that enjoys continued support and attention

An issue that confronts communities

The government of the Custo-dian of The Two Holy Mosques gives heed to conventions and charters ratified by the UN and legislative institutions that ensure decent life to disabled individuals

The Saudi Cabinet decides ex-emption of several requirements of disabled individuals from cus-tom duties


World Health Organization (WHO) defines disability as the term that cov-ers inability and restrictions to activity and contribution. Inability is a problem in the body functions or its structure. Restricted activity is a difficulty suf-fered by an individual in contribution to life activities. Therefore, disability is a complicated phenomenon. It reflects interaction between an individual’s body features and features of the community where they live.

It is also defined as: a situation that restricts the individual’s ability to perform one or more functions that are essential in daily life, like taking care of himself or practicing social relationships and economic activities within normal limits or inability of an individual to get self-sufficiency while remaining at all times dependent on support from others and in need for special education to help him overcome his disability.

Care given by Islam to the disabled persons

Islam gives much attention to all categories of the society. Muslims used to provide full support to vulnerable individuals and special needs persons. Even though assuming there is a negli-

gible percentage of handicapped in the society, however, under Islamic rules, this minority group will always have somebody who can support and assist them. Verses in Quran confirm that Allah the Supreme persuades people to support and help in valid individuals.

Close scrutiny of Quran verses shows that many verses imply this meaning. Allah the Supreme says: “Invalid, sick and poor individuals are not blamed. Allah is forgiving and passionate”. This verse clearly states that invalid and sick persons are excused if they do not fight beside their healthy colleagues.

Integration of the handicappedIslam acknowledges rights of the

handicapped. It has been keen to integrate them in their communities. Prophet Mohamed - peace and prayers be on him – assigned a blind man as a governor of Madina when he left for an outside raid. Furthermore, Islam educates the community around the handicapped on how to deal with their handicapped relatives. It expressly declares that the misery suffered by the handicapped does not degrade them or devaluate them in the community. All individu-als are equal without any discrimina-

tion. The more pious a person, he/she will be favored by Allah. The actual evaluation criteria is piety rather than money, social position, health, outside appearance etc… The noble purpose of life can only be achieved by piety. This criterion has a high regard in the conscience of a Muslim. It contains benevolence, uprightness and good for individuals, for the community and for the entire humanity. Piety comprises all aspects of virtue.

Prophet Mohamed – peace be upon him – underscored this value in more than one speech. In his farewell Haj he delivered an eloquent speech that contained the most crucial basis of Islam. He said “O people, you have only one god and only one father. An Arab has no advantage over non-Arab. A white person has no advantage over ablack. A person can gain advantage over others only by piety. Allah does not look to your pictures and your money. He looks to your hearts and actions”.

The handicapped person should not be ridiculed by others. That is his/her right. Allah says: “ O believers, no people should ridicule other people.” A community where healthy individu-als ridicule handicapped persons, will

be a source of misery and pain to this category that might be more than the pain caused by the disability. Many handicapped sustain their disabilities and are satisfied with what they have.

World DayIn order to renew attention towards

disability and rights of handicapped persons and to boost awareness of the community and induce them to accept disabled persons, UN desig-nated 3rd of December each year to celebrate the Handicapped World Day. The event highlights problems and needs of persons with disability for better understanding of their cause and rights. Celebrating this event arouses discussions among the community over disability while persuading government agencies, NGO’s and charity organizations to join forces in order to confront this problem and its underlying reasons.

The Disability World Day is an opportunity to renew the attention on the disability problem and the rights of disabled persons in order to boost social awareness on the disability problem and the rights of disabled persons and to emphasize the need to address the causes of disability and overcome its negative impacts.

Equality with others

As a gesture of respect to the feelings of this valuable category of our community and in order to ensure more interaction with their surroundings without discrimination or/and negative impact, recent claims have been expressed by parties providing valuable services to the handicapped to entrench the concept of special talents rather than handicapped or special requirements.

In this context, UN general assembly decided on December 18, 2007 to replace the phrase Disabled Persons International Day, an event celebrated on third of December every year, by the International Day of Persons with Disabilities. The general assembly also appealed to nations who have not yet ratified the convention on the rights of persons with disabilities and its optional protocol to do so on a priority basis.

Regional and international initiatives have been established and conventions signed to ensure delivery of services and care to individuals with disabilities on equal terms.

The Special Requirements Arab Convention, ef-fective since 2004 and will remain valid until 2013, provides for equal services and care to the disabled woman including complete health care during and after pregnancy. The convention has also emphasized the right of disabled seniors to protection by all means against hazards of isolation.

The international convention on the rights of per-sons with disabilities, duly ratified by Saudi Arabia, prohibits discrimination based on disability, in all jobs. Hence, Saudi disabled persons can work in equitable favorable environment on equal basis with other in-dividuals. Article 23 of the convention specifies the right of a disabled person to marry and establish a family at the consent of the parties to the marriage.

Saudi Human Rights role

Saudi Human Rights Commission is an incor-

poreal independent monitoring entity in the first place. Its mission is to ensure human rights rules and regulations, including the right of disabled persons, are implemented by government and non-government agencies. It uncovers deviations to rules and regulations in force in Saudi Arabia that constitute violation of human rights. Moreover, it takes necessary action in this respect. The Com-mission’s tasks include providing advice on human rights related bills including the international con-vention on the rights of persons with disabilities. It reviews these regulations and suggests revisions in conformity with human rights and ensure enforce-ment by competent authorities.

In its report to King Abdullah, SHRC underscored the significance of more attention to persons with disabilities. It recommended issuance of by-laws to

the Disabled Care Regulations in order to enhance their rights for health, education, job, movement, pension etc…

Suffering at car parking

Some drivers park their cars in parking areas designated for special requirement persons. This reckless attitude violates the rights of this valuable category of our community. The authorities des-ignated parks for this important category to allow them practice a normal course of life in all social and economic aspects. Trespassing their parking rights cause psychological and physical suffering of the disabled persons.

Such reckless dispositions need awareness be conducted in order to eliminate them. It is a violation of the rights of this category that needs help and cooperation from all categories of the community. The government gives enormous at-tention to them and designates suitable parking areas near the buildings where they live, malls and public areas.

Saudi municipality rules issued before 20 years provide for the right of disabled persons for des-ignated parking in both public and special parking areas. Minimum 5% of the parking area shall be designated for this purpose. Parking area should not be less than 25 M2 per vehicle.

Municipality rules emphasize the right of dis-abled persons to have aisles and sidewalks free of obstacles and protrusions. The surface shall be made with rough non-slippery material with necessary slopes and distinguishable signs provided. Rules provide for the right of a blind person to Brail written instructions beside regular signs.

Global definition

Saudi Arabia achieves histori-cal qualitative shift in tackling disability issue

Human Rights Newsletter Issue No.(15)Last page Human Rights

Prepared by:Public Relations

Tel: 4628210 Ext: 609Tel Fax: 2172636

P.O Box: 58889 Riyadh 11515www.hrc.gov.sa

ISSN 6970/ 1428R.D.M.D 3809/ 1658

Email:[email protected]

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Publisher

Kawadir Publishing Riyadh, Saudi Arabia

P.O Box: 240050 Riyadh 11322Tel: 00966 14033100

Comprehensive and binding on all nations parties to the convention

"Don’t Allow Them"….An aware-ness book addressed to children

In 1989 UN issued an international con-vention for protection of child rights (below 18 years old) in order to protect their rights and improve their living conditions. The con-vention has been ratified by all nations except USA and Somalia. It is a global convention binding on all signatory parties.

The child rights convention is the first international legal instrument that binds sig-natory nations, on legal basis, to consolidate the entire human rights package i.e. civil and political rights, in addition to cultural, social and economic rights.

The convention met global acceptance and has been signed by 193 parties.

UNICEF is responsible for protecting and advocating of children rights in order to help them meet their basic needs and expand available chances before them for maximum development of their capacities and energies.

The convention is composed of 54 articles and two optional protocols. It explains- in unequivocal terms - the basic human rights children should enjoy in any place without

discrimination. These rights include the right of a child for existence, development and maximum growth and protection against harmful impacts, abuse and exploitation. A child should enjoy unrestricted participation within his/her family and in the cultural and social life.

There are four main principles of the conventions: non-discrimination, consoli-dation of efforts in order to ensure the best interest of the child, right to life, right to existence, right to grow, right to have his/her opinion respected.

The convention protects children rights by establishing of special criteria for health care, education, social, civil and legal ser-vices to the child.

By agreeing to be committed to this instrument (having ratified and joined the convention), national governments have com-mitted themselves to protect and guarantee children rights, and agree to assume respon-sibility before the international community towards this commitment.

Saudi writer A’isha Adel wrote a book entitled “Don’t Allow Them”. It is an awareness protective book addressed to children on sexual harassment. The book is written in simple language both in Arabic and English with symbolic pictures that do not contain indecent exposure.

Children sexual harassment is considered a very complicated sexual prob-lem. This flagrant crime kills innocence in children. It cruelly assassinates beautiful childish smiles. It is like the tip of the iceberg with only a small portion appearing. Most of the problem remains hidden under the surface of the sea. Most of the children exposed to sexual harassment do not disclose the sexual harassment they suffered.

In the last issue, we were introduced to the importance of the international human rights law and how the international declaration of Human right was established in 1948, the two international covenants that followed, the protocols annexed to the two covenants and the operation of what is called the international legitimacy for human rights. In this edition, I am going to speak about the enforcement mechanisms of the International Human Rights Law.

Many people who are interested in human rights complain about absence or poor commitment towards human rights international law. Despite authenticity of this complaint duly justified by many human rights violations reported in some regions of the world, this not the whole fact. Indeed, there are the international declarations of Human Rights such as the World Declaration of Human Rights. These documents do not have enforcement mechanisms, because member states are not obliged to ratify them. They can only sign them. However, human rights conventions issued afterwards by the United Nations are binding on the nations that ratified them. To guarantee commitment of members states to these conventions, the United Nations included articles in these conventions that contain procedures and steps that boost commitment to enforcement by nations.

Each convention stipulates that every single member state shall submit periodical reports indicating procedures taken and the progress achieved in various humans rights prescribed in each convention, and any factors that may affect implementation of the international conventions. These periodicals reports submitted by member states to the United Nations are considered the most important monitoring and pursuing mechanisms. These reports are not left by UN on the shelves. Each convention stipulates that independent experts in the content of the convention should be nominated. These experts should be responsible for studying reports from nations and verify them using information available from other sources.

To ensure each member state is committed to the articles of human rights conventions, these conventions stipulate that a delegation from the country should be present in session conversation which is convened with the expert of the United Nations for one whole day in order to discuss the report issued by the member state on implementation of the conven-tion items. By the end of the discussions, the experts of UN issue a report which includes achievements of the county and what is seen by the experts as violations or deficiency in human rights fields in that state. They present their recommendations for helping such a country to overcome these failures in implementing the items of human rights conventions.

The final comments issued by the intentional committees are deemed a vital instru-ment in boosting the benefits of international conventions. Interested states do their best to comply with comments suggested by the committee since these suggestions have been issued by professional experts following thoughtful study of the country's report and discussions with the delegation and review of other reports. The committee has no any other purpose than helping member states to any convention to meet their respective commitments in that convention.

In addition to these mechanisms which are called the conventional mechanisms since they were included in the articles of the convention ratified by the country. There are non-conventional mechanisms which include the following:

Special rapporteurs appointed by the United Nation for human rights issues. It is divided into two types:

- Country special rapporteur - Thematic special rapporteurPeriodic comprehensive Review:It is an interactive dialogue over all aspects of human rights between the delegation of

the UN member state, members of the human rights council, NGO’s etc….. This dialogue is concluded by issuing of recommendations that help the country boost and protect hu-man rights. This review is different from the conventional committees because it covers all aspects of human rights in the country. It is not restricted to a certain issue or group. Moreover, discussions with the country are conducted by representatives of other states, rather than independent experts.

National Mechanisms Guaranteeing Human Rights:Legislative councils such as Shura council and national parliaments are important

mechanisms that guarantee and protect human rights in any country. They ensure national regulations comply with human rights requirements. In addition, they undertake the re-sponsibility for monitoring implementation of duly ratified regulations.

Other national agencies entrusted with this responsibility include the judicial system at all levels, security agencies and other NGO’s according to their respective jurisdiction. For example, education is a human right. Ministries of education are entrusted with providing of decent education to all children without any sort of discrimination. The right of health is a responsibility of the ministry of health and so on.

NGO’s are important mechanisms that guarantee human rights. They are es-tablished for this purpose under resolution issued by the president of the state. They are assigned the responsibilities and obligations of the country towards hu-man rights. Considering the crucial role of NGO’s, they receive great attention by the UN who assist member states establish their own organizations to ensure they are capable of performing their huge responsibilities in a suitable and useful manner to the community members.

Despite the level of commitment of countries to human rights international law, violations are (mostly) not premeditated. Violations that occur in some countries are, again, mostly attributed to various obstructions including social customs and traditions or economic reasons e.g. lack of health and education. Hence, NGO's have a crucial role in establishing and securing human rights in each state.

* Member of SHRC council

International Law of Human Rights-Enforcement Mechanisms (2-2)

Dr. Ibrahim Bin Ali Al- Shedi *

Child rights convention

Saudi Human Rights Commission (SHRC) issues human rights ...

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