Migrant Worker Rights
Over 8 million migrant workers fill manual, clerical, and service jobs, constituting more than half the national workforce. Many suffer multiple abuses and labor exploitation, sometimes amounting to slavery-like conditions.
The kafala (sponsorship) system ties migrant workers' residency permits to their “sponsoring” employers, whose written consent is required for workers to change employers or exit the country. Employers abuse this power to confiscate passports, withhold wages, and force migrants to work against their will.
In August Jadawel International, owned by Saudi Arabia's third richest man, Shaikh Muhammad bin Issa Al Jaber, was six months in arrears with salary payments, as in previous years, and managers threatened workers not to pursue complaints in labor court.
Some 1.5 million migrant domestic workers remain excluded from the 2005 Labor Law. As in years past, Asian embassies reported thousands of complaints from domestic workers forced to work 15 to 20 hours a day, seven days a week, and denied their salaries. Domestic workers, most of whom are women, frequently endure forced confinement, food deprivation, and severe psychological, physical, and sexual abuse.
In December 2010, authorities made no attempts to rescue an Indonesian migrant domestic worker who had worked for 10 years without pay and whose sponsors were “renting” her out to other houses, according to one Saudi woman who informed authorities. In November 2010, authorities in Abha, southern Saudi Arabia, recovered the body of Kikim Komalasari, a 36-year-old Indonesian domestic worker, bearing signs of extensive physical abuse. In September an appeals court overturned a three-year prison sentence for the employer found guilty of severely assaulting Sumiati Mustapa, her Indonesian domestic worker. In June the government beheaded Ruyati binti Sapubi, an Indonesian domestic worker convicted of murdering her employer who allegedly refused to allow binti Sapubi to return home. Courts sentenced another Indonesian domestic worker to death for killing her employer after he allegedly tried to rape her.
Saudi Arabia continued to deport hundreds of Somalis to Mogadishu, Somalia’s capital, according to the Office of the United Nations High Commissioner for Refugees, despite the acute violence there. Criminal Justice and Torture
Detainees, including children, commonly face systematic violations of due process and fair trial rights, including arbitrary arrest and torture and ill-treatment in detention. Saudi judges routinely sentence defendants to thousands of lashes.
Judges can order arrest and detention, including of children, at their discretion. Children can be tried and sentenced as adults if physical signs of puberty exist. The Interior Ministry said it had executed Bandar al-Luhaibi, a child, in October for killing his grandmother.
Authorities rarely inform suspects of the crime with which they are charged, or of supporting evidence. Saudi Arabia has no penal code, so prosecutors and judges largely define criminal offenses at their discretion. Lawyers do not assist suspects during interrogation and face difficulty examining witnesses or presenting evidence at trial.
From January to October 2011 Saudi Arabia had executed at least 61 persons, including two women and one child, mostly for murder or drugs offenses, but also a Sudanese man, Abd al-Hamid al-Fakki, for “sorcery.”
In March a court, after only two sessions, sentenced four Iraqis and two Syrians to the amputation of one foot and one hand each for stealing money from a supermarket. One of the Iraqis told Human Rights Watch that interrogators physically tortured him for eight days into a signing, unread, a prepared confession.
Secret police detained without trial or access to lawyers, in many cases for years, thousands of persons suspected of sympathies for or involvement with armed groups, or for their peaceful political views.
In July the government proposed a counterterrorism law that would criminalize “infringing upon the interests of the kingdom” or “describing the king—or the crown prince—as an unbeliever, doubting his integrity, defaming his honesty, breaking the [oath of] loyalty [to him], or inciting such [acts].”
Prisoners and detainees in several facilities described inhumane conditions. On January 3 Mikhlif al-Shammari, a rights advocate detained in Dammam prison since June 2010, alleged that guards beat inmates. According to his family, guards assaulted al-Shammari in July for his criticisms by putting a chemical agent in his mouth.
