Saudi Arabia - NGO Law Monitor - Research Center - ICNL - The ...

Submit
Search
Grants & Fellowships | Jobs | Staff Intranet |
Programs Research Center News About Us Contact Us
RESEARCH CENTER
Online Library
NGO Law Monitor: Saudi Arabia
Resources by Theme
International Journal of
Not-for-Profit Law
NGO Law Monitor
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
Download PDF Version
Last updated 6 June 2013
Afghanistan
Algeria
Azerbaijan
Bangladesh
Belarus
Cambodia
China
Colombia
Ecuador
Egypt
El Salvador
Ethiopia
Honduras
Indonesia
Iraq
Jordan
Kenya
Lebanon
Mexico
Morocco
Nepal
Introduction
In Saudi Arabia, although there are hundreds of civil society organizations working in various fields, the vast
majority of Saudi NGOs are government-affiliated, and there are few if any independent organizations. Civil
society remains underdeveloped, due in large part to a restrictive legal framework, a lack of transparency in
NGO operations, and a lack of expertise in establishing effective and sustainable institutions. This environment
exists despite Saudi society’s cultural and social heritage, and religious laws that call for civic work in various
spheres.
Throughout the history of Saudi Arabia, various organizational formations appeared. They contributed to
bringing the public's efforts together for many volunteer projects. However, these efforts were weakened with
the establishment of modern state institutions that adopted a central administrative approach and effectively
prohibited independent civic action.
Recently, Saudi Arabian society has seen an unprecedented increase in demand for civic rights. In response to
these demands, the Saudi Ministry of Social Affairs proposed in 2006 a draft Law on Associations and
‏.[عربي]‏ [English] Foundations. This law was revised and published by the Shura Council on 31 December 2007
On 18 January 2008, the Al Watan newspaper published what was reported as the most recent version of the
draft law [English] ‏.[عربي]‏ Since then, no action has been taken by the Saudi government. As recently as October
2012, Saudi media reported on the "anticipated law," but there has been no indication of imminent adoption of
the law by the government of Saudi Arabia.
As a result, Saudi civil society continues to be regulated by the restrictive and outdated Decision of the Council
of Ministers 107 of 25 Jumada al Akheera 1410 (23 January 1990).
Back to Top
Nicaragua
Nigeria
Pakistan
Palestine
Panama
Peru
Russia
Rwanda
Saudi Arabia
Sierra Leone
South Africa
Tajikistan
Turkey
Turkmenistan
Uganda
At a Glance
Organizational Forms
Registration Body
Approximate Number
Barriers to Entry
Barriers to Activities
Charitable societies
Ministry of Social Affairs
According to the Charity Commission for England and Wales, "There are
approximately 470 charitable societies operating domestically within Saudi
Arabia who work under the supervision of the Ministry of Social Affairs. In
addition there are approximately 40 foundations set up by Royal Decree, which
are also under the supervision of the Ministry of Social Affairs."
Minimum membership requirement of at least 20 Saudi citizens.
Inordinate delays in the registration process, which can sometimes take years.
Ministry’s full discretion to grant or refuse registration..
Narrowly restricted range of permissible activities.
Invasive supervision and monitoring of internal affairs, through government
attendance of organizational meetings.

Back to Top
Key Indicators
Population
26,534,504 (July 2012 est.)
Capital
Riyadh
Type of Government
Monarchy
Life Expectancy at
Birth
Male: 72.37 years
Female: 76.42 years (2012 est.)
Literacy Rate Male: 90.4%
Female: 81.3% (2010 est.)
Religious Groups Muslim (official): 100%
Ethnic Groups Arab: 90%; Afro-Asian: 10%.
GDP Per Capita
$24,400 (2011 est.)
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2013.
Back to Top
International Rankings
Ranking Body Rank Ranking Scale
(best - worst
possible)
UN Human Development Index 56 (2011) 1 – 182
World Bank Rule of Law Index 56.8 (2011) 100 – 0
World Bank Voice & Accountability Index 3.3 (2011) 100 – 0
Transparency International 66 (2012) 1 – 180
Freedom House: Freedom in the World
Status: Not Free
Political Rights: 7
Civil Liberties: 7 (2012)
Free/Partly Free/Not
Free
1 – 7
1 – 7
Foreign Policy: Failed States Index Rank: 100 (2012) 177 – 1
Back to Top
Legal Snapshot
International and Regional Human Rights Agreements
Key International Agreements Ratification* Year
International Covenant on Civil and Political Rights (ICCPR) No --
Optional Protocol to ICCPR (ICCPR-OP1) No --
International Covenant on Economic, Social, and Cultural Rights (ICESCR) No --
Optional Protocol to ICESCR (OP-ICESCR) No --
International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
Yes 1997

Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
Yes 2000
Optional Protocol to the Convention on the Elimination of Discrimination
Against Women
No --
Convention on the Rights of the Child (CRC) Yes 1996
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families (ICRMW)
No --
Convention on the Rights of Persons with Disabilities (CRPD) Yes 2008
Key Regional Agreements Ratification* Year
Arab Charter on Human Rights Yes 2009
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
The Saudi Constitution was adopted in 1992 by Royal Decree of King Fahd. Notably, there are no constitutional
provisions that support the freedom of association or assembly, or the formation of associations. Article 26 of
the Saudi Constitution does, however, require that "the state shall protect human rights according to Islamic
law."
National Laws and Regulations Affecting Sector
There are many regulations related to civil society organizations in Saudi Arabia. These regulations govern
charitable institutions, labor committees and cooperative societies. The most prominent are the following:
Decision of the Council of Ministers 107 of 25 Jumada al Akheera 1410 (23 January 1990), which
governs charitable societies and institutions and addresses establishment requirements;
registration requirements; internal governance; termination; and administration.
Regulations relating to a wide variety of specific organizations including the National Commission
for Elderly, the National Commission for Childhood, Human Rights Commission, Handicapped
Rehabilitation Programs, National Commission for the Welfare of Prisoners, Nurseries and Social
Welfare Foundations, Girls Welfare and Vocational Rehabilitation Programs for the Handicapped.
A license from the Ministry of Labor is required to form a worker’s committee in any private sector
company. All formal and informal workers’ committees are monitored by the Ministry of Labor.
Pending NGO Legislative / Regulatory Initiatives
A panel of experts in the Saudi Cabinet is reportedly reviewing the draft NGO law which was first submitted by
the Ministry of Social Affairs in 2006 and published by the Shura Council in 2007 [English] ‏,[عربي]‏ and appears
to have been amended by the Council of Ministers in 2008 [English] ‏.[عربي]‏ According to one lawyer in Saudi
Arabia, the draft law "will streamline efforts, benefit groups currently under the supervision of multiple
authorities, unify these groups' demands, define their functional scope and contribute to their development."
While draft legislation represents a significant step in the formal recognition of NGOs as development partners
with the state and the people of Saudi Arabia, as well as codification of their status as legal persons in the
Kingdom, previous draft laws have not been so closely aligned with good international practices. Notable
among the issues of previous draft laws is the propensity to provide a general rule or guidance, but defer
precision in executing such guidance to regulatory action to be taken by a ministry or (usually) the National
Authority for Associations and Foundations. Such discretion is often extremely broad, even with general
statutory guidance.
Back to Top
Legal Analysis
Organizational Forms
Civil society organizations in Saudi Arabia can be registered as either a "charitable society" or a "charitable
foundation." Charitable societies and foundations carry out charitable and voluntary work, including helping the

poor, improving residences, providing financial aid to needy people; preparing youth for the labor market
through training programs and coordination with employers; and providing healthcare, educational and social
services. All of these organizations are governed by Decision of the Council of Ministers 107 of 25 Jumada al
Akheera 1410 , and are supervised by the Ministry of Social Affairs in terms of registration procedures,
monitoring the elections of the board of directors, financial accounts and their activities and programs.
Charitable societies also receive annual financial support from the Ministry, depending on the budget size of
each society.
Public Benefit Status
There is no law or regulation that distinguishes public benefit organizations from other organizations.
Barriers to Entry
There are multiple barriers to the formation and existence of civil society organizations:
To be registered, organizations are obligated to have at least twenty founding members who must
be Saudi citizens.
The registration process may be protracted, and sometimes takes years; unsuccessful applicants
are not provided rational justifications for the registration delays.
An organization’s field of work must be approved by the Ministry of Social Affairs, and its
geographical work zones must not overlap with other societies or institutions.
The Minister has the right to grant or refuse registration based on the Minister's full discretion.
Barriers to Operational Activity
First, an NGO’s activities are strictly confined to those which were approved during the registration process,
and the range of permissible activities is narrowly construed. A NGO must obtain prior approval from the
Ministry of Social Affairs before undertaking additional activities. Moreover, the Ministry of Social Affairs and
intelligence authorities strictly monitor the activities of NGOs; if an NGO engages in unapproved activities, then
government authorities compel the founders of the organization to sign pledges to discontinue these activities.
Second, the law allows the state to intervene in the internal affairs of organizations. For example,
representatives of various official agencies monitor most meetings held by societies. Indeed, governmental
representatives attending general meetings may also approve resolutions.
Barriers to Speech / Advocacy
Advocacy organizations are prohibited. The only legal organizational form for civil society is the charity or
missionary organization – and the permissible purposes which they can pursue are narrowly defined.
Allegedly, a draft anti-terrorism law - the Draft Penal Law for Terrorism Crimes and Financing of Terrorism – is
being prepared, which would allow the authorities to prosecute peaceful dissent with harsh penalties as a
"terrorist crime." Under the draft law, the definition of terrorist crimes is so broad that legitimate dissent would,
in effect, be criminalized. Questioning the integrity of the King or the Crown Prince would carry a minimum
prison sentence of 10 years.
Barriers to International Contact
NGOs must obtain prior approval from the Ministry before communicating with regional and international peer
groups. Foreign organizations are prohibited from opening branches in Saudi Arabia.
Barriers to Resources
Although there are no specific rules or regulations that address the receipt of funds from abroad, it is known
that Saudi NGOs are prevented, in practice, from receiving any foreign funding.
Domestic funding is limited to cash donations from Saudis. In recent years, the government has instituted a
plan that includes many restraints and procedures for monitoring NGO fundraising in an effort to impede
groups who support terrorist activities.
Many organizations and institutions carry out investment projects to increase their incomes although there are

several restrictions that limit speculation or getting involved in high risk investments.
Back to Top
Reports
UN Universal Periodic Review Reports Universal Periodic Review: Saudi Arabia (2009)
Reports of UN Special Rapporteurs
Saudi Arabia
USIG (United States International
Grantmaking) Country Notes
U.S. State Department
Failed States Index Reports
IMF Country Reports
International Commission of Jurists
Not available
2010 Country Reports on Human Rights Practices: Saudi
Arabia
Advancing Freedom and Democracy Reports, 2010: Saudi
Arabia
2012 Foreign Policy Failed States Index
Saudi Arabia and the IMF
Not available
International Center for Not-for-
Profit Law Online Library
Saudi Arabia
Back to Top
News and Additional Resources
While we aim to maintain information that is as current as possible, we realize that situations can rapidly
change. If you are aware of any additional information or inaccuracies on this page, please keep us informed;
write to ICNL at ngomonitor@icnl.org.
CIVICUS highlights escalating crackdown on civil society in Saudi Arabia (May 2013)
The Saudi government is resorting to a systematic crackdown on critical voices through the denial of
registration to human rights groups, imposition of travel bans on activists and intimidation of human rights
defenders through politically motivated legal proceedings. CIVICUS urges the Government of Saudi Arabia to
take all necessary measures to ensure the creation of a safe and enabling environment for civil society groups
in the country. At a minimum, the Saudi Government must (i) allow space for the registration of independent
human rights groups; (ii) remove arbitrary travel bans on pro-democracy activists; and (iii) immediately and
unconditionally release all civil society activists, including Dr. Abdullah Al-Hamid and Dr. Mohammed
Al-Qahtani.
Social Affairs Justifies Refusal to Register "Adalah": Objectives "Contrary to the System" (January 2013)
Lawyers for the Ministry of Social Affairs respond to a lawsuit seeking registration from the Adala Center for
Human Rights by telling the court that "the principle of the rule of law, which is one of the objectives of the
Adalah center, is contrary to the regulations of the country and the Islamic Sharia."
Saudi Arabia Prosecuting Peaceful Protesters (October 2012)
On October 17, 2012, the Bureau of Investigation and Prosecution charged 19 men with “instigating chaos and
sedition” and “gathering illegally” after they participated in a peaceful protest on September 23 outside Turfiya
prison, in Qassim province in central Saudi Arabia. They were seeking the release of family members, some of
whom have been held for years without charge. On October 18, a criminal court sentenced 15 of the men to
between 3 and 15 days in prison, along with suspended sentences of between 50 and 90 lashes and suspended
jail terms of between two and five months. The trial of the remaining four is scheduled for November 4.
“Instead of addressing the protesters’ concerns, the Saudi government has used the judicial system to punish
them,” said Joe Stork, deputy Middle East director at Human Rights Watch.
Saudi Arabia Shura Council amends draft law on civil society organizations (October 2012)
Saudis currently await the verdict from a panel of experts in the Saudi cabinet on a draft law regulating civil
society organizations in the country. The Ministry of Social Affairs submitted the bill in 2009 and it was recently
amended by the Shura Council.

Cabinet panel of experts considering draft law regulating CSOs (October 2012)
Saudi Arabia currently awaits the verdict from a panel of experts in the Saudi cabinet on a draft law regulating
civil society organizations in the country. The Ministry of Social Affairs submitted the bill, which was recently
amended by the Shura Council for consideration, three years ago. Political expert Mohammed al-Salehi said the
law, if passed, would regulate the work of all NGOs, including human rights, voluntary, charitable, professional
and scientific organizations.
Saudi Arabia condemns Russian comments on human rights (July 2012)
Saudi Arabia condemned comments by Russia's human rights envoy on the situation in the Kingdom as "hostile"
and an unjustified interference in the Kingdom's internal affairs, the Saudi state news agency (SPA) reported.
The rare public exchange appeared to reflect tensions over the 16-month-old uprising in Syria where Russia
has resisted introduction of Western- and Arab-backed sanctions against President Bashar al-Assad.
Saudi rights campaigner given 4 yrs' jail: activists (April 2012)
A court in Riyadh has sentenced prominent Saudi rights campaigner Mohamad al-Bajadi to four years in prison,
activists said on Tuesday. Bajadi was detained in March 2011 after voicing support for families demonstrating
outside the Interior Ministry in Riyadh to demand the release of jailed relatives, according to fellow activists.
They say he has been on hunger strike for a month. "Last Tuesday, after the news of the hunger strike came
out, they took him to the Specialized Criminal Court in Riyadh and he objected to the legitimacy of the court ...
and despite that the judge sentenced him," activist Fowzan al-Harby told Reuters.
Saudi Arabia: Christians arrested at private prayer (February 2012)
Thirty five Ethiopian Christians are awaiting deportation from Saudi Arabia for “illicit mingling,” after police
arrested them when they raided a private prayer gathering in Jeddah in mid-December, 2011, Human Rights
Watch said today. Of those arrested, 29 were women. They were subjected to arbitrary body cavity searches in
custody, three of the Ethiopians told Human Rights Watch.
News Archive
Arrest and incommunicado detention of human rights defender Mr. Fadel Mekki Al-Manasef (October 2011)
Drop Charges Against Human Rights Lawyer (September 2011)
Detainees disappear into black hole of Saudi jails (August 2011)
Stop Trial of Journalist (August 2011)
Amnesty: Saudi plans anti-terror law to stop dissent (July 2011)
Women Activists Prepare to Defy Saudi Arabian Driving Ban (June 2011)
Why Is the Story Different in Saudi Arabia (April 2011)
Dissident Writer Arrested (April 2011)
Saudi Shiites Call for Withdrawal and Shiite Religious Leaders Incriminate Massacres in Bahrain (March 2011)
Saudi police open fire on pro-democracy protesters (March 2011)
Saudi authorities urged to allow peaceful protests (March 2011)
A Saudi Prince’s Plea for Reform (February 2011)
Rights watchdog urges Saudi to release activists (February 2011)
Nearby Uprisings Stoke Saudis' Political Passions (February 2011)
Saudi royal concern over growing regional unrest (February 2011)
National Declaration for Reform Saudi Intellectuals Appeal to Saudi Government for Political Reform (February

2011)
UN rights chief encouraged by positive changes in Persian Gulf (April 2010)
Saudi Arabia: Free Forgotten Prisoners (April 2010)
Saudi Arabia: Women lawyers may soon be allowed in courtrooms (February 2010)
Back to Top
The foregoing information was collected by ICNL LLC Middle East / North Africa Regional office in Amman,
Jordan.
© 2012 International Center for Not-for-Profit Law (ICNL) Site Map | Privacy Policy / Terms of Use