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