Robert Fantina
According to its own website, the United Nations Human Rights Council
is “responsible for strengthening the promotion and protection of human
rights around the globe.”
At the opening of the 4th UNHRC session on March 12, 2007, U.N.
Secretary-General Ban Ki-moon said: “All victims of human rights abuses
should be able to look to the Human Rights Council as a forum and a
springboard for action.” Pretty words, indeed, but lacking any real
power, the council is mainly symbolic.
In what can only be seen as another strange example in the bizarre
environment of world politics, last September, Faisal bin Hassan Trad,
Saudi Arabia’s ambassador to the U.N. in Geneva, was elected as chair of
a UNHRC panel that selects independent experts to draft international
human rights standards and write reports on violations. Hillel Neuer,
executive director of UN Watch, a Geneva-based NGO which monitors the
international body, described the appointment as “the final nail in the
coffin for the credibility” of the UNHRC.
In the FAQ section on the council’s website is the question: “What
are the expectations of the members to the Council?” The answer: “When
voting for members of the Council, member states take into consideration
a candidate’s contribution to the promotion and protection of human
rights.”
The violations of the basic human rights of the Saudis by their
government are countless. On Jan. 4, the country started the new year by
carrying out its largest mass execution since 1980, killing 47 people,
including four by firing squad and 43 by beheading. Many of those killed
were targeted for speaking up against the Saud regime. But this is only
one of the more widely-publicized examples of Saudi barbarity.
In its 2015 world report, Human Rights Watch, summarizing the situation in Saudi Arabia, asserted:
“Saudi Arabia continued in 2014 to try, convict, and imprison
political dissidents and human rights activists solely on account of
their peaceful activities. Systematic discrimination against women and
religious minorities continued. Authorities failed to enact systematic
measures to protect the rights of 9 million foreign workers. As in past
years, authorities subjected hundreds of people to unfair trials and
arbitrary detention. New anti-terrorism regulations that took effect in
2014 can be used to criminalize almost any form of peaceful criticism of
the authorities as terrorism.”
Likewise, Amnesty International, in its report of 2014/15, also noted
restrictions on freedom of expression, including violent crackdowns on
dissent, extensive use of the death penalty, torture of detainees, and
flogging.
Partners in crime
One must wonder, then, how a nation with such barbaric practices
joined the UNHRC. The application for the appointment came just days
after Saudi Arabia posted an advertisement for eight new executioners,
apparently to keep pace with an increase in execution orders (by
November, the kingdom had executed 151 people, the highest number in 20
years).
As might be expected in any situation involving a quest for power, it
seems that Saudi Arabia could only ascend to the human rights panel
with some outside assistance. The United Kingdom, also seeking a seat on
the council, sent a memorandum to Saudi Arabia, which was then
forwarded to the foreign ministry. The memorandum requested that Saudi
Arabia vote favorably for the U.K. to be admitted to the UNHRC. It was
then suggested by the Saudi delegation that initially received the
request that the foreign ministry could obtain the U.K.’s vote, if Saudi
Arabia agreed to the U.K.’s request.
And what of the United States? Surely that self-proclaimed beacon of
freedom and liberty would not associate itself with such a barbaric
regime, and would bring all possible political pressure to bear, to
force it to change its ways.
Invading the country to force U.S.-style
democracy there would not be unprecedented.
But no, that is not the case. The U.S. maintains full diplomatic
relations with Saudi Arabia. In October, U.S. Secretary of State John
Kerry met with Saudi King Salman for official talks on Middle East
issues. About a week prior to the meeting, 28 Muslims had been beheaded
by the Saudi regime for their alleged involvement in a stampede at the
Holy Mecca in March.
Yet when U.S. humanitarian aid worker Peter Kassig was beheaded by
Daesh (the Arabic acronym for the terrorist group commonly known as ISIS
or ISIL) in November, President Barack Obama said it was “an act of
pure evil by a terrorist group that the world rightly associates with
inhumanity.”
It is interesting to note that, while the U.S. gets most of its oil
from Canada, its second largest supplier is Saudi Arabia. Daesh is
reportedly selling oil, making an estimated $1 million to $1.5 million a
day. At present, the U.S. is not buying Daesh’s oil, although the
group’s markets include Turkey, Syria and Israel, either directly or
through third-party brokers. One cannot help but wonder if, should the
U.S. decide to trade with Daesh, perhaps officials from Daesh will then
have state meetings with the U.S. Secretary of State, and its beheading
of political prisoners will be overlooked?
Saudi Arabia is not only a major source of oil for the U.S.; it is
also a major market for that most American of all products: weaponry. In
November, the U.S. approved arms sales to Saudi Arabia totalling $1.29
billion. Human rights violations in its own country and possible war
crimes committed in Yemen might, any thinking person would be excused
for believing, perhaps cause the world’s self-designated leader of
freedom to pause before providing the Saudis with more weaponry to
oppress their own people and kill their neighbors. But in the U.S.,
politicians have many gods, and chief among them is the almighty dollar.
Last year, the defense industry spent in excess of $95 million dollars
lobbying the U.S. government. The sales to Saudi Arabia represent a very
nice return on that investment, indeed.
Those seeking redress should look elsewhere
So, in the context of the UNHRC, the inmates are running the asylum.
It seems to follow the U.S. model, where the incursion of U.S. ships
into Iranian waters, followed by the capture, humane treatment and quick
release of the sailors, was roundly condemned by many U.S. politicians,
who seemed to overlook the torture of U.S. political prisoners by U.S.
service personnel in Iraq. Apparently, territorial waters are only
territorial when the U.S. deems it so.
Saudi Arabia’s membership on the UNHRC draws to a close this year.
And while it will do little material damage in that time, its
membership, and the fact that its ambassador is the current chair on an
important panel, will only serve to destroy what little credibility the
council may ever have had.
Individuals around the world looking for
redress for the horrific human rights abuses they are experiencing will,
as always, have to look elsewhere.
BACKGROUNDER
Saudi has been in the news for the last few weeks, not only for their
involvement with ISIS and the Yemen, but for a very home grown reason.
Firstly, for the advertisement for 8 more executioners to keep up
with demand and then shockingly for the death penalty figures so far
this year.
law Of The Land over there I decided to do some researching and even I
was blown away by the strictures put down in this Monarchist
dictatorship. I cannot in my wildest dreams imagine a human being who
would wish to live under such a lack of human kindness. I have been
reading up on Sharia Law for some months now and it doesn’t make for
good reading.
On Monday 15th June 2015, they beheaded their 99th and 100th prisoner respectively.
Ismael al-Tawn – A Syrian – convicted of drug trafficking of amphetamines
Ram al-Khadi – A Saudi – for murder
The
Saudi Press Agency said in a news release that only 14 of the 100
prisoners were convicted of a crime which in Islamic Law mandates the
death penalty, the others were based on the Judges discretion. Of the
100 executions 57 have been Saudi’s the other 43 have been of foreign
descent with Pakistan (14) being the second largest number to be
executed.
To put this into perspective in the whole of 2014 the execution count
was 88. They are well on their way to beat their previous highest count
of 192 in 1995. At present the countries with the highest tally of
executions as of 2014 are as follows:-
IRAN – 289
* SAUDI ARABIA – 88
IRAQ – 61
UNITED STATES –35
It is believed the country to top the charts would be China which has
a yearly figure estimated to be in the 1,000’s but there are no
official figures reported. Iran has executed 340 prisoners so far this
year with 98 hangings alone between 9th-28th April.
*Saudi Arabia has the smallest population of the other listed countries.
CONSTITUTIONAL LAW
Saudi Arabia is an Absolute Monarchy and has no legally binding
written constitution. In 1992, the Basic Law of Saudi Arabia was adopted
by Royal Decree. It declares that the King must comply with Sharia Law
and that the Quran and Sunna (traditions of Mohammed) are the country’s
constitution.
MODIFIED SHARIA LAW
Most Muslim countries that retain or adopt Sharia usually determine
which parts will be enforceable and modernise them. Unlike other Muslim
countries, Saudi regards an unmodernised Sharia in its entirety as the
law of the land and refuses to interfere with it.
CRIMINAL LAW
There are no jury trials in Saudi and courts observe few formalities.
A criminal procedure code was introduced in 2001, but in a Human Rights
Watch report in 2008, it noted
the Judges were either ignorant of the code or were aware of it but routinely ignored it
Criminal law within Sharia has three categories namely :-
QISAS – Eye-for-an-eye punishment (i.e murder or involving bodily harm)
HUDUD – fixed Quranic punishments for specific crimes
TAZIR – which represents most other cases ( bribery,drug trafficking etc)
A conviction requires proof in one of three ways :-
A confession
*Testimony from 2 male witnesses
Affirmation or denial by oath.
*
At this point let me clarify who the Judge will take for testimony if
there are not 2 male witnesses. Women’s evidence normally carries half
the weight of a man in Sharia courts, however,in criminal trials a
woman’s evidence is not allowed at all. Testimony from Non-muslims or
Muslims whose doctrines are considered unacceptable ( e.g. Shia) and may
be discounted.
FAMILY LAW
Men can divorce their wives at any time, without needing recourse to
legal avenues. The divorce is final immediately, a woman can only obtain
a divorce with the consent of her husband and in reality this is very
rare, it is almost impossible for a woman to do so. In the event of a
divorce father’s have automatic custody of sons from the age of 7 and
daughters from the age of 9.
Polygamy is permitted for men to have up to four wives at any time so
divorce is very common and makes for unlimited polygamy for the men.
The divorce rate among marriages in Saudi is 50%.
Women have almost non existent political and social rights. There is
no law criminalising violence against women and in fact Saudi is 131 of
135 countries with a gender parity, they are ahead of Syria, Chad,
Pakistan and Yemen.
PENAL CODE
There is no penal code in Saudi
WHAT JUSTIFIES THE DEATH PENALTY IN SAUDI
Murder
Apostasy
Blasphemy
Idolatry
Homosexuality
Sedition
Witchcraft and Sorcery ( a Lebanese fortune teller was given the death sentence in 2008 later reprieved
Adultery
Drug Trafficking
HUMAN RIGHTS IN SAUDI ARABIA
MUTAWA
The religious police enforce the Islamic code of behaviour. There are
estimated to be 20,000 Mutawa who are untrained in law enforcement,
their job is to keep the sexes separate in public, that business’s close
at prayer times and pressures women to wear traditional dress and
prevent them driving cars.
In 2002, 15 schoolgirls died in a fire at their school in Mecca after
the Mutawa prevented male rescuers from entering because the girls were
not veiled.
CENSORSHIP
Saudi censorship is one of the most restrictive in the world. After
protest in 2011 the government banned all public demonstrations and
marches.
No political parties or national elections are permitted in Saudi.
there is no legal protection for freedom of speech and any public
criticism of the government, Islam or the royal family is punishable.
The Saudi Press is strictly censored.
LGBT
Homosexuality is punishable by death. However, there have been no
executions for homosexuality since 2002. There have been arrests at ‘gay
parties’ and where ‘men were acting as women’ but the penalties have
been limited to imprisonment and/or flogging.
RELIGIOUS FREEDOM
imageNo faith other than islam is allowed, there are no churches of
non-muslim places of worship. Even private prayer is forbidden in
practice and the Saudi Police regularly search the houses of christians.
foreign workers must observe Ramadan and are not allowed to celebrate
Easter or Christmas etc.
In 2014, the Saudi authorities issued a Royal Decree branding all
atheists as terrorists and are now being put on trial in the terrorist
court. We are all aware of the terrible history Raif Badawi has has had
with the Saudi Courts and the criticism of Saudi around the world.
SAUDI SEEKS TO HEAD UNITED NATIONS HUMAN RIGHTS COUNCIL
Yes, you heard it here, Saudi are trying to move to assume leadership
over the Human Rights Council after Germany relinquishes it in 2016.
This would of course be the final nail in the coffin for the
credibility of the the UN Human Rights Council.They shouldn’t even be on
the council to begin with , how can a regime that oppresses women,
other religions, LGBT amongst many other human rights violations and
imprisons an innocent man for blogging!
Saudi rates as the highest in human trafficking and the United States
currently designates it as a “country of particular concern”, regarding
religious persecution.