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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Saudi Arabia - 5th Session - 2009 Scroll to: National Report Report also available in Arabic
29. The Kingdom acceded to [the Convention on the Rights of the Child] in 1996 and has taken numerous measures within its framework including, in particular: 31. Under the terms of the Ordinance governing foreign schools in the Kingdom, promulgated by Council of Ministers Decision No. 26 of 4/2/1418 AH, corresponding to 10/6/1997, foreign communities residing in the territory of the Kingdom are permitted to open private schools to teach their children in accordance with the academic curricula applied in their countries. 32. During the current academic year there are 178 licensed foreign schools in the Kingdom, distributed among 16 regional and district educational authorities and attended by more than 100,000 male and female students. 33. The number of foreign curricula taught in the Kingdom amounts to more than 20, including British, American, French, Philippine, Australian, Pakistani, Indian, Portuguese, Guinean, Malian, Japanese, Korean, Swedish, Eritrean, Turkish, German, Indonesian, Ghanaian, Italian, Greek and Sri Lankan. 34. The number of non-Saudi male and female students attending government-run schools in the primary, intermediate and secondary stages of general education, in which education is provided free of charge, amounts to about 592,227. 47. In the light of the above, the principal achievements that the Kingdom has made in record time since the promulgation of its Basic Law ofGovernance can be summarized as follows: (…) In the education sector: The Kingdom has shown considerable concern for general and higher education and the teaching process in accordance with the objectives specified in the development plans. Education is provided free of charge at all stages and male and female students pursuing higher educational studies are paid monthly allowances. Financial assistance is also granted to all students residing in remote areas. The Kingdom diligently provides educational opportunities for all its citizens in all administrative areas, including remote villages. There are 14,790 schools for boys and 17,329 schools for girls covering all stages of general education. The Kingdom lays emphasis on the compulsory nature of primary education. The total number of male and female students amounts to 5,991,080. The rapid expansion of general education in the Kingdom and the socio-economic development that has accompanied it has led to increased demand for higher educational institutions. The Kingdom’s Government has responded to this demand by providing more extensive higher educational services and constructing and opening more universities, faculties and institutes. The Kingdom’s universities and higher educational institutions currently comprise 334 faculties attended by 600,000 male and female students. Educational opportunities outside the Kingdom have also been expanded through the scholarship programme sponsored by the Custodian of the Two Holy Mosques, King Abdullah bin Abdul Aziz. This programme, which has been implemented during the last four years, is the largest that the Kingdom has witnessed since foreign scholarship programmes were first introduced in the 1960s. To date, more than 50,000 scholarships have been awarded under the programme for male and female students to study abroad in all fields of specialization, in which due regard is shown for labour market needs and the requirements of development plans. An amount of 13 billion Saudi riyals has been allocated for the implementation of this programme and it has recently been announced that, under the terms of a Royal Decree, the monthly allowances paid to holders of these scholarships will be increased by 50 per cent with effect from 3 November 2008. In addition to general education for boys and girls, the Government is implementing educational programmes for other categories, such as: These programmes also cover rural and remote areas. Royal approval has been granted for the implementation of the King Abdullah bin Abdul Aziz Project for the Development of General Education, to which an amount of 9 billion riyals has been allocated for the purpose of: The foundation stone has recently been laid for the Princess Noura bint Abdul Rahman University for Girls which is designed to receive 40,000 students by the year 2010, thereby becoming the world’s largest university campus for girls. (…) In the field of social security and social welfare: (…) Monthly social security benefits are paid to the following categories: orphans, persons incapacitated from work, the elderly, women without providers (divorcees, widows, widows with orphaned children, spinsters, and women whose provider is absent), families without providers, and categories that do not qualify for the acquisition of Saudi nationality, namely: Holders of free transport passes, who are medically certified as suffering from a physical, sensory or mental disability and who are over 18 years of age, widows with orphaned children or orphans, are also entitled to benefits. Children and orphans: In accordance with Ministerial Ordinance No. 19583 of 22/6/1422 AH, a special department has been established in the Ministry of Social Affairs to process applications for the fostering of children of unknown parentage with a view to providing shelter for such children. The Ministry operates a large number of welfare institutions for male and female juveniles and also caters for the welfare of elderly persons at 20 institutions in various regions of the Kingdom. Protection from harm: (…) The Kingdom is intensifying its efforts to eliminate all forms of violence against women. Its social development commissions are implementing numerous counselling and awareness programmes for women in which symposia, meetings and courses are held for the discussion of all issues of concern to Saudi women and families. Many awareness and counselling programmes on women’s rights are also organized for men. Two bills of law on child abuse and domestic violence have also been drafted. 5. CRC shared the concerns expressed by CERD that the mere statement of the general principle of non-discrimination in domestic law is not a sufficient response to the requirements of the Convention. CRC recommended that Saudi Arabia review relevant domestic laws and administrative regulations in order to ensure equality between girls and boys. 22. CEDAW, CRC, and CERD noted with concern that certain provisions of the Nationality Code continue to discriminate against Saudi women married to non-Saudi nationals. CEDAW and CRC recommended that Saudi Arabia review its legislation on nationality in order to ensure that nationality can be transmitted to children through both the maternal and paternal line without distinction 24. CRC commended Saudi Arabia for its efforts to ensure that children with disabilities have better opportunities in society, and recommended that it mainstream the rights-based approach to all national policies and programmes for children with disabilities. 25. CRC urged Saudi Arabia to critically review its legislation with a view to abolishing the imposition of capital and corporal punishment on persons having committed crimes when under 18 years of age at the sole discretion of the judge, and amend its laws with a view to prohibit any form of corporal punishment for persons under 18 deprived of their liberty. The Special Rapporteur on extrajudicial, summary or arbitrary executions transmitted communications to the Government concerning death sentences imposed on male and female child offenders, as well as in cases where death sentences have been passed based on confessions obtained under torture, and in criminal proceedings falling short of international fair trial standards. 27. CRC was concerned about reports of extrajudicial and summary floggings of teenagers suspected of behaviour deemed immoral and acts of police brutality. It noted with concern that corporal punishment is lawful and widely used in the home and that it is a lawful penal sanction. It urged Saudi Arabia to take all necessary steps for the immediate abolition of extrajudicial and summary floggings of teenagers as well as other forms of cruel, inhuman or degrading punishments imposed on persons having committed a crime when under the age of 18 years, and recommended taking legislative measures to prohibit all forms of corporal punishment in all settings. The Special Rapporteur on the question of torture transmitted a number of communications concerning allegations of corporal punishment, including public floggings, eye gouging, flogging of school children, and allegations of a rape victim, who was sentenced to 200 lashes. CAT was concerned about the sentencing to, and imposition of, corporal punishments by judicial and administrative authorities, including, in particular, flogging and amputation of limbs and recommended that Saudi Arabia re-examine its imposition of corporal punishments. 31. CRC noted with concern that reportedly domestic violence remains a serious problem and urged Saudi Arabia to take legislative measures to prohibit all forms of physical and mental violence against children; carry out public education campaigns about the negative consequences of ill-treatment of children and domestic violence in general; establish effective procedures and mechanisms to receive, monitor and investigate complaints; investigate and prosecute cases of ill-treatment; provide adequate care, recovery and reintegration for victims and train professionals working with and for children in the identification, reporting and management of ill-treatment cases. 32. CEDAW and CRC recommended that Saudi Arabia review its domestic legislation in order to enact a comprehensive anti-trafficking law; strengthen its bilateral and multilateral cooperation with countries of origin and transit; develop and adopt a comprehensive multidisciplinary national plan of action to prevent and combat sexual exploitation of and trafficking in children; and strengthen its efforts to provide adequate assistance and social reintegration services for sexually exploited and/or trafficked children. 33. In 2006, CRC took note of Saudi Arabia’s intention to raise the minimum age of criminal responsibility, but was deeply concerned that it was still seven years. It noted with appreciation that Saudi Arabia has established special juvenile courts and that persons under 18 years of age were held in separate detention facilities and entitled to be represented by a lawyer. CRC urged Saudi Arabia to take the necessary steps to immediately suspend the execution of all death penalties imposed on persons for having committed a crime before the age of 18, and to take the appropriate legal measures to convert them into penalties in conformity with the Convention. 37. CEDAW urged Saudi Arabia to prescribe and enforce a minimum age of marriage of 18 years for both women and men, and to introduce legislative reforms to provide women with equal rights in marriage, divorce, the custody of children and inheritance, and called upon Saudi Arabia to end the practice of polygamy. A 2005 UNDP report noted the practice of marriages of convenience (misyar), in which a wife is contracted to a man in exchange for his payment of a dowry but without his commitment to house or support her permanently. 38. While acknowledging with appreciation the kafalah system, CRC was concerned that its application does not ensure the full enjoyment of all rights provided by the Convention and that the placement of children in institutional care is not always used as a measure of last resort. 47. CRC remained concerned about the situation of children living in poverty in Saudi Arabia, and, noting that malnutrition rates were relatively high, recommended improving the nutritional status of infants and children paying particular attention to children in rural areas. It also recommended that Saudi Arabia continue its efforts to prevent HIV/AIDS, and to promote adolescent health. 48. While acknowledging the significant progress made in the area of women’s education, CEDAW, as well as CRC were concerned about the high rate of illiteracy among women. CEDAW was also concerned about the discrimination against women in relation to their access to certain fields of studies. CRC regretted the distinction between male and female roles in the curricula resulting in discrimination against girls. CEDAW encouraged Saudi Arabia to make every effort to improve the literacy level of girls and women. A 2005 UNDP report indicated that equality between the two sexes in higher education has been achieved. A 2008 World Bank report noted that in higher education female students outnumber male students. 51. CRC urged Saudi Arabia to end as a matter of priority the arrest and imprisonment of unmarried non-Saudi (migrant) women who become pregnant, including victims of sexual violence, and recommended that Saudi Arabia develop and implement policies and practices to better protect and serve children of migrant workers. 55. CRC welcomed a bill concerning the protection of children from abuse and neglect and the adoption, in 2002, of the Safety of Camel-Racing Regulation and the Royal Decision to form a mechanism to end child abuse. It also commended Saudi Arabia on measures taken to improve the health situation of children and the progress achieved in the elimination and prevention of infectious diseases and breaking the silence around HIV/AIDS. 56. CRC commended Saudi Arabia for its notable investments in education, for its efforts to treat all children equally with respect to educational services, and that primary education is compulsory for all children and free of all direct and indirect costs. It noted with appreciation Saudi Arabia’s efforts to address the special educational needs of Bedouin children. 62. CRC recommended that Saudi Arabia continueto seek assistance, inter alia, from OHCHR in relation to the independence of the national human rights institution; from OHCHR and UNICEF in relation to the dissemination of the Convention; from UNICEF in relation to the issue of violence against children; from UNICEF and UNAIDS with regard to health issues; from UNHCR in relation to refugee children; and from UNODC, OHCHR and UNICEF with regard to reforming the administration of juvenile justice. Stakeholder Compilation 9. HRW noted that under a strict system of male guardianship, adult women generally must obtain permission from a guardian, normally a father or husband, to work, travel, study, or marry, that the Saudi government denies women the right to make even the most trivial decisions on behalf of their children. (…) 12. AI stated that Saudi Arabia has one of the highest rates of executions in the world and that the government retains the death penalty for a wide range of offences, including non-violent offences, and continues to use it extensively, even against children, in defiance of international standards. (…) 25. HRW noted that Saudi Arabia’s juvenile justice system fails to protect the rights of juvenile offenders and recommended that Member States of the HRC should strongly urge the government to end the juvenile death penalty and judicially sanctioned corporal punishment for all, to ensure that children are only detained as a measure of last resort, and for the shortest possible time and that no foreign child is repatriated to a situation that places him or her at risk of irreparable harm. JC said that prisons are for adults, yet children are sometimes mixed in the jails and that children and adults may be held for 6 months before seeing a judge. 36. According to the BF, all Saudi public school students receive mandatory religious instruction in state-sponsored Sunni Islam, regardless of their own religious beliefs. Textbooks used in Saudi schools promoted violence toward, and killing of, apostates and those considered polytheists. The Saudi Government revised and released the texts, but as of June 2008, many still promoted violence and intolerance. Accepted and Rejected Recommendations The following recommendations were accepted: - 14. Follow-up on the recommendations from the treaty bodies in the areas of the rights of women, non-discrimination, torture and children (Mexico); - 16. Continue progress in the promotion of women’s and children’s rights, in accordance with Islamic Shari’a and its international commitments (United Arab Emirates); continue to give priority attention to the protection of the rights of the child (Belarus); intensify its efforts aimed at harmonizing elements of the Shari’awith existing laws, with a view to ensuring maximum protection for women and children as well as victims of human rights abuses (Malaysia); take all appropriate measures to develop a framework of law prohibiting trafficking and other forms of exploitations, and incorporate into such legislation the comprehensive protection of children as well as the development and implementation of a reintegration assistance programme for victimizedpersons. (Israel) - 23. Amend the Code of Criminal Practice to stipulate that only individuals aged over 18 will be tried as adults. As a result, the executions of any individuals who were less than 18 years old when they committed the crime should be commuted to a custodial sentence. (United Kingdom); Review its practice of imposing capital and corporal punishment and prohibit any form of corporal punishment (Germany, Austria); consider to end the use of corporal punishment for person under 18 and to establish a moratorium on executions of persons having committed crimes before the age of 18 (Austria); - 29. Take measures to make the juvenile justice system more effective, in particular by ensuring the separate detention of juveniles as well as expeditious access of juveniles to legal counsels (Austria); The following recommendations were rejected: - Paragraph 27(c) (Israel): “To abolish corporal punishment, and cruel, inhuman, and degrading treatment in general, and public floggings, eye-gouging, flogging of school children, and amputation of limbs in particular” The following recommendations were left pending: No relevant recommendations were left pending.
6th February, 9am to 12pm
Compilation of UN Information
Stakeholder Information
Accepted and rejected recommendations