Saudi Arabia's UPR: Hala Al-Tuwaijri's opportunity to mislead

With promotional phrases and a lofty tone, Hala Al-Tuwaijri, the head of the Human Rights Commission in the Kingdom of Saudi Arabia, emphasized the commission's role in portraying her country positively, covering up severe government violations, and manipulating international mechanisms.

In her opening speech at the Fourth Universal Periodic Review session held on January 22, 2024, in Geneva, Al-Tuwaijri praised the review process as one of the effective tools of the Human Rights Council aimed at improving human rights conditions worldwide based on principles of equality, inclusivity, cooperation, and dialogue.

The head of the Human Rights Commission considered that her country's government had demonstrated "maximum cooperation and seriousness in dealing with the mechanism." This was evident in submitting national reports on time, establishing an effective national mechanism to monitor the implementation of recommendations, involving stakeholders, and participating with delegations comprising representatives from various relevant entities.

Al-Tuwaijri stated that Saudi Arabia had implemented 85% of the total number of recommendations it received, amounting to 450 recommendations. The Human Rights Commission relies on official assessments and independent information in evaluating the implementation of recommendations.

She emphasized that the national report was prepared within the framework of the Fourth Universal Periodic Review, following international principles that involve identifying and activating sources of information and data, conducting structured monitoring and analysis, and presenting both qualitative and quantitative evidence. Al-Tuwaijri mentioned the inclusion of various segments of society, including civil society, in the preparation of the report.

The introduction following Al-Tuwaijri's speech provides a clear indication of the extent of misinformation contained in the official Saudi report. It falsely claimed that the report was prepared following a methodology that included various segments of society, including civil society. The assertion of civil society's participation in the report's preparation comes amidst widespread violations against human rights defenders, including enforced disappearances, arbitrary detention, travel restrictions, and the prohibition of any dealings with international organizations and associations.

 The national report highlights what Al-Tuwaijri described as progress in the field of human rights from November 2018 to October 2023. According to her, significant reforms and qualitative developments were achieved during this period within the framework of Vision 2030, aligned with international standards, especially in the area of the right to development. The reforms encompassed legislative, judicial, executive, and procedural levels, addressing all human rights and related issues.

Data and information collected by ESOHR indicate that the qualitative leap occurred in the gravity of violations. While Al-Tuwaijri spoke of 100 human rights reforms, ESOHR's report shared with the Universal Periodic Review mechanism reveals that violations covered various human rights domains.

Al-Tuwaijri considered that her country's policy does not aim to "merely fulfill commitments but aims, through directives, to achieve the best practices in the field of human rights." In her speech, the head of the Human Rights Commission attempts to indicate that her country has fulfilled all its commitments and has started working towards better human rights practices. Al-Tuwaijri's promotion contradicts the numbers and facts; during the mentioned period, Saudi Arabia executed 615 individuals, including minors and protesters, some of whom had confessions extracted under torture. During this time, Saudi Arabia conducted widespread arrest campaigns targeting women's rights activists, religious figures, and journalists. Additionally, it launched population and economic projects that forcibly displaced thousands in various regions of the country.

Al-Tuwaijri considered that developments and reforms did not stop even in the most challenging global conditions, such as the COVID-19 pandemic. During this period, several legislations were issued and amended, and measures were taken to enhance and protect human rights. However, the organization documented numerous human rights violations during the pandemic, including exposing detainees of opinion to the virus, depriving them of the right to health, increased repression, and arbitrary arrests based on dissenting opinions about the measures, among other violations.

Al-Tuwaijri's speech highlighted what she considered the construction of an effective legal framework to enhance and protect human rights. This included the development of the judiciary, seen as the primary guarantor of human rights, as well as reforms to the passport system, civil status system, social insurance system, labor system, protection from harm system, and more. However, discussions about legal and judicial reforms come amid the continued lack of judicial independence, as the judiciary directly follows the king and judges still possess broad powers to issue judgments without legal precedent.  

 Al-Tuwaijri pointed out the issuance of the Personal Status and Civil Transactions System and the preparation of the draft Penal Code, considering these legislations a "qualitative leap" that enhances integrity and increases oversight mechanisms. Crown Prince Mohammed bin Salman had promised to issue the first penal code in Saudi Arabia in 2021, but as of now, it has not been issued.

Al-Tuwaijri addressed recommendations related to criminal justice and considered the issuance of the Juvenile Law a "historical reform in the field of juvenile justice," regulating the treatment of juvenile offenders in line with their actions and aligning with the interest of evaluating their behaviors. She also mentioned that Saudi Arabia abolished the death penalty for juveniles in discretionary cases under this system.

Al-Tuwaijri's speech echoes previous official statements, emphasizing a historical change in the field of punishments for juveniles. However, it fails to reflect the reality, as the law still allows for the issuance of death sentences against minors in certain cases. It denies the fact that a minor, Mustafa al-Darwish, was executed after the law's issuance, and eight currently detained individuals are facing the death penalty for crimes committed when they were under 18.

The speech mentions the adoption of strict mechanisms to implement recommendations related to combating human trafficking and the establishment of a national mechanism for it. However, it completely ignores the killings of migrants who may be victims of trafficking at the borders.

Al-Tuwaijri stated that 80% of the recommendations from committees and councils under the Human Rights Council have been implemented. She claimed that the country cooperates with special procedures mechanisms by actively responding to cases, with a response rate of 99%. However, the mention of responsiveness to special rapporteurs' messages comes amidst observations of manipulation, misleading information, and complete disregard for international opinions, as evidenced by the execution of individuals whose detention international experts deemed illegal.

The European Saudi Organization for Human Rights views Hala Al-Tuwaijri's speech during the Universal Periodic Review as an affirmation of the official role of the Human Rights Commission in whitewashing Saudi Arabia's image. ESOHR believes that the recommendations resulting from this mechanism should not be influenced by the manipulation and misleading information presented by the commission.

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