Experts of the Committee on the Elimination of Racial Discrimination Welcome Steps Taken by Saudi Arabia to Protect Domestic Workers, Ask Questions about the Disproportionate Use of the Death Penalty on Minorities and Discriminatory HIV Testing
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined tenth and eleventh periodic report of Saudi Arabia, with Committee Experts welcoming the State’s efforts to protect domestic workers, while raising questions on the disproportionate application of the death penalty on minorities, and HIV testing which was discriminatory to migrant workers.
Stamatia Stavrinaki, Committee Expert and Country Rapporteur, said the Committee welcomed the measures taken to strengthen the protection of domestic workers, including strengthening the protection of whistleblowers and establishing shelters; these were important steps. However, the Committee was concerned at the absence of specific legislation safeguarding women migrant domestic workers and their exclusion from compulsory insurance schemes. This group remained vulnerable to abuse, exploitation, and gender-based violence.
Ms. Stavrinaki said the death penalty was reportedly disproportionately imposed on persons from minority groups and imposed retroactively on minors. Migrant women were disproportionately represented on death row. Could the delegation provide statistics on the ethnicity of death row inmates? What training was provided to officials on the death penalty? Did judges consider mitigating factors in death penalty cases involving minorities and women?
Ibrahima Guisse, Committee Expert and Country Co-Rapporteur, said according to the State party report, migrant workers were routinely subjected to mandatory HIV testing during the application process and health screenings, and those who were HIV-positive were denied work visas and were subject to expedited deportation. What steps had been taken to ensure that HIV/AIDS testing and health surveillance practices were non-discriminatory and were consistent with the Convention, particularly regarding non-citizens? Did the State party plan to harmonise the law with the standards established under the Convention and to stop carrying out mandatory tests?
The delegation said the Kingdom was committed to respecting international commitments related to the death penalty. The death penalty was only applied for capital crimes after appropriate evidence was gathered, and it only came into force after 13 judges had ruled on its appropriateness; all other remedies needed to have been exhausted.
In 2018, a Royal Decree was issued pertaining to persons with HIV/AIDS, which guaranteed the rights of people with the virus, the delegation said. Health authorities were obligated to provide healthcare and psychological support for persons with HIV. If a foreign worker was known to be living with HIV, they benefitted from necessary medical care until the time they left the country. Whether an employee suffered from HIV/AIDS or not, their stay in the country depended on the contractual relationship between the employer and employee.
Introducing the report, Hala Mazyad Altuwaijri, President of the Human Rights Commission of Saudi Arabia and head of the delegation, said the State party embraced a diverse society that included more than 13 million foreigners from over 60 nationalities, who made up more than 40 per cent of the population. They enjoyed their rights equally and with the highest levels of protection against racial discrimination through legislation, policies, institutional frameworks, effective remedies, and expeditious justice. Since the adoption of its Vision 2030, the Kingdom had witnessed unprecedented openness to various races, cultures and religions as a result of Vision reforms related to work, tourism, investment and residency. Saudi Arabia’s legislative, institutional and judicial systems worked together to combat racism and racial discrimination.
In concluding remarks, Mr. Guisse expressed satisfaction at the constructive and interactive dialogue. Saudi Arabia was one of the biggest countries in the Gulf Corporation Council, with 10 million migrant workers. There was a diverse population with different nationalities and there were challenges. The Committee noted the efforts made to make an increasingly inclusive society.
Mr. Mazyad Altuwaijri, in her concluding remarks, thanked the Committee for the dialogue. It was hoped Saudi Arabia had provided examples of its commitment to the Convention. Saudi Arabia would take all necessary measures to implement the Committee’s recommendations.
The delegation of Saudi Arabia consisted of representatives of the Human Rights Commission; Shura Council; Ministry of Justice; Ministry of Islamic Affairs, Dawah and Guidance; Ministry of Culture; Ministry of Foreign Affairs; Ministry of Economy and Planning; Family Affairs Council; King Salman Humanitarian Aid and Relief Centre; Ministry of Media; General Authority for Statistics; Ministry of Interior; Ministry of Education; Public Prosecution; Ministry of Health; Council of Ministers; Ministry of Sport; Ministry of Environment, Water and Agriculture; National Transformation Programme; Ministry of Human Resources and Social Development; and the Permanent Mission of Saudi Arabia to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Saudi Arabia after the conclusion of its one hundred and fourteenth session on 13 December. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Thursday, 28 November at 3 p.m. to consider the combined seventh to ninth periodic report of Monaco (CERD/C/MCO/7-9).
Report
The Committee has before it the combined tenth and eleventh periodic report of Saudi Arabia (CERD/C/SAU/10-11).
Presentation of Report
HALA MAZYAD ALTUWAIJRI, President of the Human Rights Commission of Saudi Arabia and head of the delegation, said that the rejection of racial discrimination and claims of racial superiority was a constitutional principle of Saudi Arabia. The Constitution stipulated that governance in the Kingdom was based on justice, shura (consultation) and equality according to Islamic Sharia. The State party had exerted efforts to implement the Committee’s 24 recommendations raised in the previous dialogue.
The Kingdom embraced a diverse society that included more than 13 million foreigners from over 60 nationalities, who made up more than 40 per cent of the population. They enjoyed their rights equally and with the highest levels of protection against racial discrimination through legislation, policies, institutional frameworks, effective remedies, and expeditious justice. Since the adoption of its Vision 2030, the Kingdom had witnessed unprecedented openness to various races, cultures, and religions as a result of Vision reforms related to work, tourism, investment and residency. A Government study had found that the acceptance rate of others in Saudi society had reached 82 per cent.
The labour system obligated employers to treat all workers with respect and without discrimination, exploitation or bias. The national policy to promote equal opportunities and treatment in employment and occupation, promulgated in January 2023, aimed at eliminating discrimination in the labour market, including racial discrimination, through the development of regulations and policies that explicitly defined and prevented discrimination, and ensured the promotion of women's participation. The national policy and national action plan to prevent child labour was launched in January 2021 with a package of strategic interventions aimed at preventing the work of all children without discrimination.
In November 2018, specialised labour courts were created. These functioned in addition to existing remedies, which included both administrative and oversight mechanisms. In 2022, the National Council for Occupational Safety and Health was established to promote a healthy and safe work environment for all workers, citizens and residents. The compliance rate of establishments with the occupational safety and health system continued to rise in the first half of 2024 to reach more than 72 per cent.
The State provided comprehensive integrated healthcare for all residents in an equitable and accessible manner in accordance with the health law. The health transformation programme aimed to facilitate access to health services for all without discrimination, improving their quality and efficiency, and enhancing prevention against health risks. During the COVID-19 pandemic, free healthcare and medical services were provided to all persons on the territory who were infected or suspected of being infected with COVID-19. The Council of Ministers issued a decision to disburse 133,000 United States dollars to the families of those who died due to the COVID-19 pandemic, including non-Saudis.
A total of 61 separation surgeries for conjoined twins had been performed in the reporting period. The Kingdom had dedicated medical, scientific and financial resources to assist these people in living under normal conditions within their communities and to empower them for active participation in society.
The right to education was enshrined in the basic law of governance and was guaranteed for all without discrimination. Public education in the Kingdom was compulsory and free for both Saudis and non-Saudis alike. Additionally, the Minister of Education had issued a decision to accept children who had issues with their identification documents. Curricula had been reviewed and amended to guarantee that they were free from any content that could lead to discrimination and to enhance their role in instilling values of tolerance and rejecting racism.
The social security system had been amended to enhance equality and non-discrimination, enabling beneficiaries to achieve financial independence and access rehabilitation and training, while also providing for the minimum basic needs of eligible families. In the third quarter of 2024, women's participation in the labour market had reached 35.4 per cent, increasing by 108 per cent since 2017. The number of women holding board member positions had surpassed 1,330.
Saudi Arabia’s legislative, institutional and judicial systems worked together to combat racism and racial discrimination. They were backed by an ambitious and well-structured vision centred on justice and equality, with a focus on individuals.
Questions by Committee Experts
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, welcomed the large delegation, which included many women. Compared to the last report, the State party had made efforts to comply with reporting guidelines and present information relevant to the Convention. Was the State party considering withdrawing its reservations to the Convention?
Could the delegation provide information on progress in creating a law prohibiting racial discrimination? Were there examples of racial discrimination cases being addressed by the authorities? The State party’s legislation guaranteed social security and health for all citizens. Why did it focus on citizens only? Were provisions on women’s rights implemented equitably for migrant women?
What steps had been taken to implement the State party’s pledge to establish a national human rights institute that was compliant with the Paris Principles? Would this institution be able to receive complaints of racial discrimination?
Facial recognition software had been implemented in various sectors. What measures were in place to prevent racial profiling while using this software? How was the State party effectively monitoring artificial intelligence?
What was the status of the draft Penal Code revision and how did it address racial discrimination? How was the current Penal Code used to prevent racial discrimination? Did Penal Code provisions on hate speech only protect Saudi citizens? There was no specific hate crime law. What steps had been taken to adopt such a law?
The public prosecution had investigated 118 cases related to racial discrimination and hate speech in the reporting period. Could the delegation provide information on these cases, as well as the victims and remedies provided? Could migrants access the courts? How many public officials had been tried over the reporting period? What was the role of State institutions in investigating racial discrimination complaints? Were investigative institutions independent?
Lower income migrant workers often relied on private service providers to lodge complaints as language barriers and a lack of ability to move inhibited their access to courts. Women domestic workers faced additional barriers as they were often not allowed to leave the houses where they worked. How many complaints had been lodged by migrant workers and asylum seekers, how many convictions had been issued, and what remedies had been provided?
The death penalty was reportedly disproportionately imposed on persons from minority groups and imposed retroactively on minors. Migrant women were disproportionately represented on death row. Could the delegation provide statistics on the ethnicity of death row inmates? What training was provided to officials on the death penalty? Did judges consider mitigating factors in death penalty cases involving minorities and women?
Responses by the Delegation
The delegation said Saudi Arabia had the right to make reservations to the Convention under international law. These reservations had no influence on the reality on the ground.
The Kingdom’s laws prohibited any discrimination on the grounds of ethnicity or origin that undermined fundamental freedoms. The Convention had been domesticated in Saudi legislation by a Royal Order. Every person could invoke the provisions of the Convention before the law. More than 236 judges and specialists had been trained on the provisions of international conventions during the reporting period.
There was no law in Saudi Arabia that applied only to citizens; all national laws applied to both citizens and residents. Many measures had been taken to prohibit and punish hate speech. The basic law made it mandatory to use respectful language that did not affect the dignity of a person. In February 2021, a series of laws were passed that revised the Criminal Code to strengthen the promotion of human rights and the Convention. All those working in the media were required to avoid inappropriate speech.
Legislation guaranteed the right of all to seek redress through the courts and other institutions, including for racial discrimination. Public and private bodies guaranteed compensation in cases of racial discrimination. The public body tasked with preserving human rights received complaints related to racial discrimination; 24 such complaints had been received over the reporting period and appropriate steps had been taken to investigate them and punish perpetrators. Persons who engaged in racial discrimination had been fined.
The national human rights institute was an independent body. It was tasked with inspecting prisons and places of detention and following up on recommendations from human rights bodies, including the Committee. It took appropriate legal measures in response to the complaints it received. It fully complied with human rights principles and the State party was seeking to bring it in line with the Paris Principles.
The Kingdom was committed to respecting international commitments related to the death penalty. The death penalty was only applied for capital crimes after appropriate evidence was gathered, and it only came into force after 13 judges had ruled on its appropriateness; all other remedies needed to have been exhausted.
Migrant workers benefitted from legal coverage. Legislation prohibited practices that violated their rights. Domestic workers needed to be over 21 years of age and could only discharge tasks stipulated in their contract. It was prohibited to undermine their physical or moral dignity. Making domestic workers work for more than 10 hours per day was prohibited, and workers needed to be provided with breaks every five hours.
Follow-Up Questions by a Committee Expert
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, said the State party’s reservations sent the message that the Convention was incompatible with Sharia law. Could the State party share examples in which direct and indirect racial discrimination had been investigated in courts? A specific law on racial discrimination would assist judges. What kind of discrimination complaints had been received and who had access to complaints mechanisms? Were all crimes under article four of the Convention punished? Did hate speech legislation avoid conflict with freedom of expression?
Responses by the Delegation
The delegation said the State party wished to ensure that international law was consistent with the Sharia. Saudi Arabia’s reservations related to legal and technical matters. The Convention had been implemented at all levels in the State and the State party was careful to use the terminology that was consistent with the Convention in its legislation on discrimination.
The State party was cognisant of the importance of aligning its legislation on the national human rights institute with the Paris Principles. The institution was linked directly to the monarch.
The State party worked to prevent intersectional forms of discrimination. Racial discrimination against women was considered an aggravating circumstance. State bodies were obligated to undertake measures to address both direct and indirect discrimination. The State party had amended laws such as the travel document law and the personal status law to enable women to obtain necessary documentation. The Labour Code had also been amended to ensure the equal treatment of men and women in the labour sphere. A law had been promulgated to criminalise acts of workplace harassment against women.
The State party had taken numerous measures to protect foreign workers from abuse. Complaints submitted by domestic workers were received by the Prosecutor’s Office. Around 2,000 complaints had been submitted by domestic workers between 2020 and 2023, and the necessary regulatory measures had been taken in all cases. The national committee on preventing trafficking in persons helped to shelter domestic workers who were victims of mistreatment. All workers who came to Saudi Arabia were made aware of the various remedies and complaints mechanisms available to them through materials published in various languages.
Legislation in the Kingdom ensured that all residents had access to justice for all crimes, including discrimination crimes. The national human rights institute and corruption courts examined claims that access to justice had been denied. A forum had been created that allowed for consultation between public and private sector individuals regarding draft laws, including those addressing human rights.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked the delegation to update the population figures given in the State party’s report with the results of the 2022 census. Did the census allow for self-identification?
People of Asian and African descent reportedly faced obstacles to accommodation, education and health care in the State. What measures were in place to combat such discrimination and promote equal access to all rights and privileges for these groups? The Bedoun reportedly received insufficient housing support. What steps had been taken to combat discrimination faced by the Bedoun? What was the State party doing to develop a national action plan on combatting racial discrimination?
Persons belonging to the Shi’ite religious group were reportedly not sufficiently represented in the judicial system. What measures would the State party take to prevent structural discrimination against this minority group to guarantee access to health, education and housing, and to punish discrimination and hate speech against this group? To what extent was this group represented in public bodies?
The “NEOM” development project in Tabuk province threatened displacing the Howeitat tribe. Persons from this tribe had been informed in 2020 that they had to leave their land or be evicted. A large portion of the tribe refused to leave and faced various forms of persecution, including destruction of property, interruption of electricity supply, unexplained fires, harassment, threats and kidnappings. How was the tribe consulted with on this project? Could the State party respond to reports of forced expulsion? How was it protecting the tribe’s right to housing?
Over 100 foreigners were reportedly executed in 2024. Could the delegation provide disaggregated statistics on persons on death row? How were these persons guaranteed due process?
The Committee appreciated efforts by the State party to implement article seven of the Convention, including education programmes on human rights. What training on human rights and racial discrimination was provided to law enforcement, members of the judiciary, and students at all levels? Were reports that Bedoun children were classed as foreign students and blocked from accessing university scholarships true? What measures were in place to support the Bedoun?
Responses by the Delegation
The delegation said the 2022 census showed that 58 per cent of the population were Saudis. Around 13 million people living in Saudi Arabia were non-Saudis. There were around eight million migrant workers in the State.
An Act had been promulgated that governed modalities for naturalisation. The State party guaranteed access to education, travel and identification documents for illegal Bedoun residents. The right to decent housing was guaranteed in the law for all. Over 78,000 housing units had been provided to vulnerable households. Around 63 per cent of Saudi families now owned their own houses through the State’s housing programme, which covered all costs for building and furnishing houses.
The Kingdom’s laws guaranteed education for all without discrimination and aimed to combat illiteracy. Education was compulsory between ages six and 15. The Ministry of Education organised the acceptance of non-Saudi students at all levels of education. There were education subsidies in place that benefitted 20,000 students of various nationalities.
Large development projects promoted various human rights, including the right to development. The Kingdom had undertaken necessary measures to guarantee the safe relocation of citizens affected by development projects. A programme had been established to cover the needs of those affected by development projects, which provided financial support and access to education, accommodation and health. Persons were not evicted until they received compensation and knew where they would be relocated. They received a grace period before eviction. The Human Rights Commission followed up on the expropriation of assets. If there were violations, penalties were issued to responsible persons.
All forms of discrimination based on denomination, including against Shi’ite Saudis, were banned and were addressed by the national human rights institute, the judiciary and civil society organizations. Shi’ite Saudis could exercise all their rights and freedoms. Civil service staff were hired based only on merit. There were specialised courts for Shi’ite citizens.
Hate speech against minorities was criminalised. Any persons that exercised hate speech were subjected to judicial prosecution. The Kingdom had launched awareness raising campaigns to discourage hate speech and racial discrimination. The Global Centre to Combat Extremist Thought was launched in 2017. It analysed and monitored extremist activities and implemented measures to prevent extremist thought. Various training workshops for the police and magistrates addressed the prohibition of racial discrimination and the promotion of tolerance.
Follow-Up Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said the Committee appreciated the efforts the State party was making to address racial discrimination, but sought more specific information, for example regarding measures for Shi’ite Saudis and the Howeitat tribe.
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, said progress had been made at the legislative level with wording issues. The State party reportedly applied broad definitions in counter-terrorism legislation to disproportionately curtail the activities of the Shi’ite minority. Could the delegation comment on this? Did the State party support the Shi’ite minority to build mosques?
Another Committee Expert asked why there were Shi’ite courts with Shi’ite magistrates to address matters concerning this group. Which courts addressed cases that involved both Shi’ite and other groups?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that the Committee welcomed that the State party had submitted its follow-up report to the previous concluding observations. The State party had not indicated specific measures that had been implemented to allow religious minorities to construct places of worship and conduct public acts of worship. Did Vision 2030 promote freedom of thought and expression for religious and ethnic minorities? The Committee noted with satisfaction amendments to the Labour Code made in line with the Committee’s recommendations.
A Committee Expert asked for information on the possibility of Saudi women passing their nationality to their children and spouses who were not Saudi nationals. Had reform of the kafala system been completed? What obstacles were preventing the reform of this system?
Responses by the Delegation
The delegation said the State party did not discriminate against specific denominations or classes. Specialised Shi’ite courts were concerned with cases involving marriage, divorce and custody concerning Shi’ite persons.
All school curricula promoted human rights values and tolerance. The Kingdom reviewed curricula on a regular basis to ensure that they were in line with international human rights standards. Over 400 amendments to school curricula had been made over the reporting period. The National Human Rights Centre provided training for teachers on the human rights system.
Vision 2030 promoted religious tolerance. The State provided a suitable environment for non-Muslims to exercise their religions. The law prohibited blasphemy against religions and several people had been arrested for disseminating blasphemy.
Aggravating circumstances were applied for racially motivated crimes. The counter-terrorism law was only applied to terrorist crimes, including incitement of terrorism. It did not criminalise peaceful practices.
State legislation did not impose undue restrictions to freedom of movement. No one could be arrested or detained unless they had committed a crime. Any person who claimed that their right to freedom of movement was violated could access justice.
Six women were executed in 2023 and four in 2024. The executions of women were often connected to the murder of their husbands.
A ministerial decree in 2000 abolished the kafala system. The system no longer existed in both legislation and reality; the relationship between employers and employees was now governed by contracts. Workers could change jobs without prior authorisation from previous employers, including while previous contracts were valid. The State party had developed a digital platform that migrant workers could use to notify employers that they would leave their positions. In 2024, 74 per cent of employers and employees were using the system. The new system had led to an improvement in the performance of migrant workers.
The basic law stated that nationality was granted to all those of Saudi blood. When mothers were Saudi nationals and fathers were stateless, their children received Saudi nationality. When Saudi women were married to foreign nationals, their children automatically received the father’s nationality. However, such children could access Saudi nationality by demonstrating family ties to the State.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said between December 2020 and September 2021, the State party reportedly deported ethnic Tigrayan Ethiopians to Ethiopia, who were then subjected to arbitrary detention and enforced disappearances. There were also reports of violent pushbacks and the use of firearms by law enforcement between March 2022 and June 2023 at the southern border with Yemen, which resulted in the deaths of hundreds of Ethiopian migrants and asylum seekers trying to cross the border.
Did the State party plan to align its national framework with the Convention and the international human rights framework to establish a framework for refugees and asylum seekers to respect the principle of non-refoulement, as well as to grant international protection to asylum seekers? Was the State party carrying out investigations into cases of expulsion of migrants? Could up to date measures to end statelessness be provided? Allegedly, Kenyan women in Saudi Arabia were victims of discriminatory practices. Children born in Saudi Arabia to Kenyan mothers were unable to obtain Saudi birth certificates, preventing them from leaving the country due to legal obstacles and issues related to their mothers' status. Could more information on this situation be provided?
What measures were being taken to abolish the sponsorship system for migrant workers? How was it ensured that migrant workers could exercise their rights to freedom of association and assembly? What was being done to combat the exploitation and abuse of migrant workers, including domestic migrant workers, by their employers? How was the State party facilitating the filing of complaints by victims. Were statistics available on complaints registered, and on investigations, prosecutions, convictions, disciplinary measures taken against perpetrators, as well as reparations to victims? How were the rights of migrant workers ensured in large-scale events such as the FIFA World Cup?
According to the State party report, migrant workers were routinely subjected to mandatory HIV testing during the application process and health screenings, and those who were HIV-positive were denied work visas and were subject to expedited deportation. What steps had been taken to ensure that HIV/AIDS testing and health surveillance practices were non-discriminatory and were consistent with the Convention, particularly regarding non-citizens? How many cases of deportations and visa refusals had been publicly recorded due to the state of health? Did the State party plan to harmonise this law with the standards established under the Convention and to stop carrying out mandatory tests?
Could the delegation provide updated and detailed information on the concrete measures taken to prevent and combat trafficking in persons, including the impact of such measures, and on reported cases of trafficking, prosecutions and convictions? What steps had been planned to prevent statelessness and protect stateless persons? Did the State party plan to amend the law on nationality?
Responses by the Delegation
The delegation said Saudi Arabia had signed agreements with a wide range of countries regarding asylum procedures. The refugee review board was responsible for analysing individual cases and ensured that people were never returned to a place which could constitute a threat to their life, such as in cases of armed conflict. Engaging in any form of abuse or torture against refugees was prohibited. It was also prohibited to send a refugee home if they would be abused or threatened.
Each State had the right and responsibility to monitor its borders to ensure the peace, security and safety of its citizens. Saudi Arabia fully respected human rights standards and international humanitarian and human rights law. Traffickers and illegal migrants were dealt with in a dignified way, with full respect of their rights. There were many shelters and reception centres where illegal individuals were received. Those working in the centres and the border staff received training, including on receiving illegal arrivals. A monitoring and oversight system was in place to ensure these people could fully enjoy their rights.
Saudi Arabia had undertaken a series of measures to combat trafficking in persons. The State had acceded to the United Nations convention to combat cross-border, organised crime. The law on combatting trafficking in persons was one of the most important legislative measures that Saudi Arabia had undertaken to combat this crime. A national legal framework had been developed to ensure coordination between the various agencies. A support fund had been established for victims of human trafficking, which enabled victims to return home safely and ensured pathways for reintegration. The State had signed a Memorandum of Understanding with the International Organization for Migration. These efforts had culminated in the adoption of the National Referral Mechanism, which aimed to ensure the prosecution of perpetrators of trafficking.
In 2018, a Royal Decree was issued pertaining to persons with HIV/AIDS, which guaranteed the rights of people with the virus. Health authorities were obligated to provide healthcare and psychological support for persons with HIV. If a foreign worker was known to be living with HIV, they benefitted from necessary medical care until the time they left the country.
Saudi Arabia was developing rules for statistical gathering with a human rights dimension, to measure the State’s progress in the promotion and protection of human rights.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said the State party was making efforts to improve practices, which the Committee welcomed. The Committee was grateful to the delegation for the information already provided. What was in the pipeline in terms of training for judges?
A Committee Expert said Saudi Arabia had been positive in bringing a solution to what used to be a problem between Saudi Arabia, Qatar and the United Arab Emirates. The Expert expressed thanks to Saudi Arabia for its openness and efforts to engage.
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, asked how many people had been granted asylum status in the country?
A Committee Expert asked if a foreigner in Saudi Arabia was found to be infected with HIV/AIDS, were they called upon to leave the country once the treatments were over? Would they stop being provided with work, or could they stay in Saudi Arabia and continue working?
Another Expert said a Saudi woman could only transmit nationality to her child if a father was stateless under certain conditions. What were those conditions? Did the same apply if it was a Saudi male?
Responses by the Delegation
The delegation said unemployed migrant workers worked through contracts which defined the duties and responsibilities of both parties, including the duration. At the conclusion of the contract, the worker would have the option to either return home or to move to another employer based on legal procedures. The temporary job programme upgraded the living standards of visitors to the country and allowed the visitor to receive social services. Whether an employee suffered from HIV/AIDS or not, their stay in the country depended on the contractual relationship between the employer and employee.
Female domestic workers who had been abused were considered victims and were protected by Saudi Arabia’s laws. Female domestic workers subject to any form of abuse were not punished, but rather were protected and redressed. Shelters were in place to provide welfare, care and legal aid to female domestic workers.
The kafala system had been eliminated since 2002. Employers were prohibited from retaining the passports of their employees or their family members. Expatriates in Saudi Arabia enjoyed all rights guaranteed under law and human rights instruments, including the Convention. There were also effective remedies in place which imposed penalties on violators and guaranteed redress. There were more than 13 million expat workers in the country, representing 41 per cent of residents in Saudi Arabia. With protection laws and redress mechanisms in place, Saudi Arabia would protect the rights of these workers.
An independent assessor had visited Saudi Arabia and provided their views on the FIFA event, and an independent review had been published on the FIFA website, which included recommendations to address human rights. A recommended strategy for the 2034 FIFA cup was being drawn up which touched upon the diversity and protection of workers.
Saudi Arabia supported all categories in the different humanitarian sectors and many beneficiaries had benefitted from such projects.
Questions by a Committee Expert
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, said in 2018, the Committee had expressed concern about the situation of certain groups, in particular the access of migrant women to education, health care, employment and justice, and recommended that the State party take effective measures, including special measures, to improve the situation of marginalised groups living in poverty. Could the delegation update the Committee on special measures taken to design culturally acceptable, gender-sensitive and context-responsive quality health facilities, goods, services? Women now made up 35 per cent of the workforce, which was positive, but how was this represented?
Older women all over the world faced disadvantages, especially those in rural areas, due to the digital divide. Could an update be provided of the measures taken to mitigate the disproportionate impact of climate change on these women’s health and living conditions in Saudi Arabia? Had they been invited and integrated in designing Saudi Arabia’s response to climate change?
The Committee welcomed the measures taken to strengthen the protection of domestic workers, including strengthening the protection of whistleblowers and establishing shelters; these were important steps. However, the Committee was concerned at the absence of specific legislation safeguarding women migrant domestic workers and their exclusion from compulsory insurance schemes. This group remained vulnerable to abuse, exploitation, and gender-based violence, with no penalties in place for employers who withheld their passports or failed to provide adequate housing, food, medical expenses, daily breaks, and weekly rest days.
The Committee had learned about the case of a 25-year-old Kenyan domestic worker who reported being forced to work without adequate food or rest and having her wages withheld. After escaping to the recruitment agency, she was confined in a hostel with other women awaiting household transfers and was reportedly pressured for sex in exchange for a new assignment, while being fed only one meal a day.
Additionally, migrant women were subjected to mandatory HIV/AIDS testing while pregnant women migrant workers faced detention and deportation if their pregnancy or HIV status were detected. The Committee had deemed such testing inconsistent with the Convention, describing it as inadequate, disproportionate, and stigmatising. Could an update be provided on the measures taken or planned to establish a human rights-based legislative framework for domestic employment and special measures to protect women migrant workers? This should include actions to ensure migrant women and domestic workers had access to social security and health insurance, as well as details on the State's policies and plans to repeal the discriminatory practice of mandatory HIV/AIDS testing.
Responses by the Delegation
The delegation said Saudi Arabia provided integrated healthcare for all members of the population in an equitable manner. Both citizens and residents benefitted from free of charge health care services and health insurance. There were over 28 million beneficiaries serviced by modern health care services.
Saudi Arabia had undertaken a series of measures to protect all workers, including foreign workers, from abuse and mistreatment. Any person involved in trafficking in persons would receive a maximum sentence of 15 years in prison. A programme launched in 2022 brought Saudis and non-Saudis under the same platform, to ensure the authentication of contracts and that contracts were upheld. There was a monitoring of the payroll system of all workers and the disbursement of wages.
The judicial and administrative courts imposed sanctions against perpetrators. The laws in Saudi Arabia ensured the rights of the contractual relationship through the protection programme which aimed to provide a safe work environment in the private sector. The programme monitored the disbursement of wages for workers and measured the compliance of such institutions for paying wages in due time, based on the contracts.
The Saudi Employment Code made it incumbent on the employer to provide health protection for all workers. A number of initiatives had been launched in rural areas, including a programme from 2019 to 2024, aimed at increasing the capabilities of rural support, providing equal opportunities to both sexes. In 2021, 45,000 people were supported.
In 2018, Saudi Arabia launched the food security strategy based on the 2030 Vision, aimed at receiving safe and nutritious food for all. Saudi Arabia ranked first in 2020 on the international food index. The water law provided for supplying high quality drinking water to all citizens. Every citizen had the right to receive safe drinking water, based on the accredited plans and programmes.
Questions by Committee Experts
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, asked how Saudi citizens were portrayed, particularly in reference to women of African descent? What was the narrative around belonging to the Saudi population and how was inclusiveness promoted in practice? Did the Labour Code apply to domestic workers who did not have a special legal regime? How many domestic workers had reported cases of abuse? Digital contracts were a good initiative which could provide some kind of formalisation of the contracts.
A Committee Expert asked if migrant workers who entered Saudi Arabia were able to have their immediate families join them? What laws covered the families of the workers? Was healthcare covered for all family members?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said countries were good at adopting laws and policies, but the implementation of those laws was always a challenge.
A Committee Expert asked what relationship had been established between the human rights strategy and the Football World Cup in Saudi Arabia? It was important to adopt a strategy between Spain, Portugal and Morocco in a similar context. The State should take the strategy fully into account and reject any discrimination in sport. The Expert wished the State the best of luck with the organisation of the World Cup in 2034.
Another Expert asked for an estimate of the number of stateless persons in Saudi Arabia? Had Saudi Arabia adopted a national plan on statelessness?
Responses by the Delegation
The delegation said all individuals arriving in Saudi Arabia did so in line with the regulations governing employers. They each arrived with a labour contract. It was not prohibited to have family reunification in Saudi Arabia; it depended on the nature of the contract. The Human Resources Ministry had set up an amicable reunion process in the professional sphere. Leaflets and brochures had been disseminated to all workers to inform them of their rights and highlight the avenues of appeal available to them. Recruitment agencies were trained on the rights of workers arriving in Saudi Arabia.
The Ministry of Foreign Affairs oversaw the issuance of visas for family visits. This was through the e-visa platform applied in Saudi Arabia which enabled easier follow-up. Embassies across the world coordinated with relevant authorities to deliver logistical support for families, to ease the process of family unification. Electronic services had been launched to reduce the need of having to resort to more traditional processes.
Since 2016, Saudi Arabia had developed 96 goals as part of the 2030 Vision, with 15 per cent of these dedicated to equality and sustainable forms of living for all. This was part of Saudi Arabia’s commitment to promote a multinational society. A housing programme worked to ensure decent housing conditions for everyone in Saudi Arabia. In 2023, over 66,000 families had received accommodation.
Women played a pivotal role in drafting and negotiating resolutions and decisions in human rights mechanisms, including work done for the Convention, and led a key department within the Saudi Mission.
Concluding Remarks
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said after the examination of the report, the concluding observations would contain a paragraph on follow-up, which mentioned recommendations which needed to be implemented within a period of one year. These paragraphs would require attention and implementation and could not wait until the next periodic report. Ms. Tlakula thanked Saudi Arabia for previously sending the follow-up report within the required time period.
STAMATIA STAVRINAKI, Committee Expert and Country Rapporteur, thanked the delegation for the dialogue which had been constructive. Saudi Arabia had opened a window to the world; it was hoped the recommendations of the Committee would mean the window would become bigger and include all groups, including women and every person under the jurisdiction of the State, including ethno-religious minorities, Saudis of African descent, migrants and children.
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, expressed satisfaction at the constructive and interactive dialogue. Saudi Arabia was one of the biggest countries in the Gulf Corporation Council, with 10 million migrant workers. There was a diverse population with different nationalities and there were challenges. The Committee noted the efforts made to make an increasingly inclusive society. The 2030 Vision was a driver to support efforts for Saudi Arabia to do even better. It had been a pleasure to be part of the dialogue.
A Committee Expert expressed gratitude for all the efforts made so far. Hopefully peace would prevail in Palestine, with the assistance of Saudi Arabia.
HALA MAZYAD ALTUWAIJRI, President of the Human Rights Commission of Saudi Arabia and head of the delegation, thanked the Committee for the dialogue. It was hoped Saudi Arabia had provided examples of its commitment to the Convention. When Saudi Arabia acceded to the Convention, it had become part of the State’s domestic system. The Convention was also invoked before the courts. Saudi Arabia would take all necessary measures to implement the Committee’s recommendations.
MICHAL BALCERZAK, Committee Chairperson, wished Saudi Arabia every success with the 2030 Vision. It was hoped human rights would play an integral role. The Committee also had a vision of a world free from racial discrimination, which was a vision which united them.
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