As Saudi Arabia moves toward legal reform, it is trying to bring existing laws, regulations, and the way society implements them, into accord with international treaties requiring minimal levels of human rights. Along the way, the commission charged with rewriting the laws is discovering that much of Saudi law has never been committed to paper in the first place, particularly when it comes to implementation.

This Asharq Alawsat article by Turki Al-Saheil, points out that the rights of women is an area of particular concern—and some difficulty. The government, he says, hold the position that the default reading of laws is one of equality between men and women, that only if a difference is specified in the law is there a different interpretation. That, coupled with the lack of codification, leaves a range of ambiguities through which enormous violations can be and have been driven.

Reforms, as reported, also look at how Saudi law differs from international treaty law when it comes to the rights of children, even to the matter of sports for school girls.

The report also points out the acceptance that the Saudi National Society for Human Rights plays a legitimate role in assessing and commenting on law.

There is nothing earth-shattering in itself in what’s being reported. The doors to possible interpretations of law are being swung wide open, however. I guess it is best to not be over-optimistic about the reforms, but what’s being said could certainly effect major reform in Saudi law and Saudi culture.

Saudi Arabia Considers Amending Laws to be Compatible
with Human Rights Treaties
Turki Al-Saheil

Riyadh, Asharq Al-Awsat – Saudi Arabia is moving toward amending some laws and regulations that are not compatible with the international treaties on human rights. This takes place following the viewpoints of representatives of eight government and jurist sides, which have been working within the framework of a committee formed in accordance with the order of Saudi Crown Prince Sultan Bin-Abdulaziz, agreeing with some of the conclusions of a study prepared by the National Society for Human Rights in this context.

The agenda reached by the government committee, which worked under the umbrella of the Experts Commission (the legislative arm) of the Saudi Council of Ministers, and a copy of which was seen by Asharq Al-Awsat, recommends the amendment of a collection of articles in the state laws, the activation of some laws previously issued by higher authorities, and the issuing of some new laws.

It is worth noting that the committee – which consists of the Ministries of Interior, Foreign Affairs, Justice, Labor, and Social Affairs, in addition to representatives of the government’s Human Rights Commission, and the National Society for Human Rights – has expressed huge support to women. Many of the conclusions reached by the committee move in favor of abolishing measures that discriminate between men and women. The governmental committee recommends that the Saudi Ministry of Interior looks into the amendment of Articles 5 and 8, and Paragraph 1 of Article 9 of the Statute of Travel Documents. These articles consider “underage children and women are of the same legal status, as each needs a guardian.” This contradicts the ruling of Article 15 of the agreement to abolish all forms of discrimination against women.
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