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

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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
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