The Committee on the Elimination of Racial Discrimination held its 114th session in Geneva during November 2024, where it reviewed Saudi Arabia’s commitments under the International Convention on the Elimination of All Forms of Racial Discrimination, which the Kingdom ratified in 1997.
The European Saudi Organization for Human Rights (ESOHR), in collaboration with the World Coalition Against the Death Penalty and Advocates Rights, submitted a comprehensive report highlighting key issues related to racial discrimination.
Additionally, ESOHR’s Legal Director, Taha Al-Hajji, participated in the Committee’s discussions on Saudi Arabia’s combined 10th and 11th periodic reports. Al-Hajji emphasized that the recent openness witnessed in Saudi Arabia does not extend to all groups, as it remains subject to the discretion of officials rather than being grounded in the rule of law and respect for fundamental rights. He also shed light on aspects of racial discrimination against minorities, particularly the Shiite minority.
Committee Discussions:
On November 28, 2024, the Committee on the Elimination of Racial Discrimination concluded its review of Saudi Arabia’s combined 10th and 11th periodic reports. The discussions focused on several human rights issues, including the death penalty, the conditions of migrant workers, and the representation of minorities in the judicial system, while also acknowledging some reforms and the Kingdom’s efforts to enhance social protections.
The Death Penalty and Its Impact on Minorities
Expert Stamatia Stavrinaki raised concerns about the disproportionate imposition of the death penalty on minorities in Saudi Arabia, noting that it is sometimes applied retroactively to minors. The Committee also highlighted that migrant women represent a disproportionately high percentage of those sentenced to death, raising questions about the legal and social conditions that lead to such verdicts.
Rights of Migrant Workers
The Committee discussed the discrimination faced by migrant workers, particularly concerning HIV testing practices that are applied in a discriminatory manner. While Saudi Arabia has established shelters to enhance the protection of workers, especially those reporting violations, the Committee pointed out the absence of clear legislation safeguarding migrant domestic workers. This lack of legal protection leaves them vulnerable to abuse, exploitation, and gender-based violence.
Representation of Minorities in the Judiciary
The Committee questioned the structural discrimination faced by the Shiite community, including their underrepresentation in the judicial system. Questions were also raised about whether Saudi Arabia supports the construction of places of worship for minorities and whether there are genuine efforts to address these issues effectively.
The “NEOM” Project and the Displacement of Tribes
The Committee raised the issue of the displacement of the Al-Huwaitat tribe due to the “NEOM” development project, citing allegations of persecution against tribe members who refused to leave their lands. These allegations included the destruction of property, the cutting off of essential services such as electricity, as well as harassment and threats.
Use of Force Against Migrants
The discussions in the Committee addressed reports of violent pushbacks along Saudi Arabia’s southern border with Yemen. These reports indicated excessive use of force by Saudi security forces, resulting in the deaths of hundreds of Ethiopian migrants and asylum seekers between 2022 and 2023.
Responses from the Saudi Delegation
The Saudi delegation repeated its previous assertions regarding the raised issues.
• On the Death Penalty: The delegation maintained that it is imposed only for the most serious crimes and after all legal proceedings are exhausted, emphasizing that such rulings are reviewed by 13 judges before enforcement.
• On Migrant Workers: The delegation claimed that the sponsorship (kafala) system had been abolished and that the relationship between employers and workers is now governed by legal contracts. They also pointed to the establishment of shelters to protect domestic workers who are victims of abuse and ensure their legal rights. However, the response did not address exceptions to the abolition of the kafala system or the effectiveness of these shelters.
• On the “NEOM” Project: The delegation did not provide comprehensive details regarding the alleged displacement of the Al-Huwaitat tribe but affirmed the Kingdom's commitment to implementing national laws to ensure fairness.
Committee’s Concluding Observations
On December 13, 2024, the Committee issued its concluding observations, highlighting a range of concerns and recommendations for the Saudi government.
Criminal Justice and the Shiite Minority: The Committee expressed concern over the treatment of Shiite minorities within the criminal justice system, noting their disproportionate exposure to arbitrary detention, torture, and ill-treatment. It also pointed out the absence of fair trial guarantees and the reliance on coerced confessions in cases involving the death penalty.
- • Death Penalty:The Committee expressed concern over the treatment of Shiite minorities within the criminal justice system, noting their disproportionate exposure to arbitrary detention, torture, and ill-treatment. It also pointed out the absence of fair trial guarantees and the reliance on coerced confessions in cases involving the death penalty.
- • Migrant Workers and Domestic Workers:The Committee observed that the death penalty is disproportionately imposed on minorities, including Shiites and migrant women, often based on coerced confessions. It called on Saudi Arabia to impose a moratorium on the death penalty with the aim of abolishing it and to restrict its use to the most serious crimes.
- • Refugees and Undocumented Migrants:The Committee expressed concern over the violations faced by migrant workers, particularly domestic workers, including gender-based violence, forced labor conditions, and exploitation. It urged Saudi Arabia to enact reforms to ensure effective protections for these groups, including legislation that criminalizes abuse.
- • Discrimination in Education and Employment:: لاحظت اللجنة أن التشريعات السعودية تمنع التمييز رسميًا، لكنها أعربت عن قلقها إزاء التطبيق غير المتساوي للقوانين، خاصة فيما يتعلق بتوظيف وتعليم الأقليات.
The Committee concluded with a series of recommendations, to be reviewed for implementation throughout the year, including:
- • Imposing a moratorium on the death penalty with the aim of abolishing it.
- • Ensuring fair trials and prohibiting the use of evidence obtained under torture.
- • Improving the conditions of migrant workers and domestic workers through effective legislation and strict enforcement mechanisms.
- • Guaranteeing the rights of ethnic and religious minorities to equality and fair representation within the judicial system.
- • Protecting migrants and asylum seekers from forced deportation and border violations.
The European Saudi Organization for Human Rights (ESOHR) believes that the official delegation, which included representatives from various ministries alongside the Human Rights Commission and participated in the session of the Committee on the Elimination of Racial Discrimination, engaged in its usual practice of whitewashing Saudi Arabia's image while ignoring responses to critical issues raised. ESOHR emphasizes that any discussions of reforms and acceptance of UN recommendations must be accompanied by clear mechanisms for monitoring implementation, foremost among them empowering civil society in all its diverse forms to participate.