Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF SAUDI ARABIA
25 January 2006
Share
Committee on the
Rights of the Child
24 January 2006
(Chamber A)
The Committee on the Rights of the Child today reviewed the second periodic report of Saudi Arabia on how that country is implementing the provisions of the Convention on the Rights of the Child.
In opening remarks to the Committee, Prince Torki bin Mohammed bin Saud Al-Kabeer, Assistant Deputy Minister for Political Affairs of Saudi Arabia, said the Kingdom showed great concern for the welfare of children, whom it regarded as the focal point and objective of development. On this basis, every effort had been exerted to enable all governmental, non-governmental and private institutions to contribute to the general educational, health, social and recreational welfare of children and to the development of their aptitudes and talents in accordance with developmental plans comprising a full range of programmes and projects designed to safeguard children, promote their welfare and prepare them for a decent and virtuous life. Saudi Arabia remained aware that much remained to be done if the happiness of its children was to be ensured, however, it was determined to implement the plans for the achievement of these objectives.
Committee Expert Ghalia Mohd bin Hamad Al-Thani, who served as Rapporteur for the report of Saudi Arabia, said there was a need to know what measures had been adopted to ensure better implementation of the Convention. The report, although it followed the guidelines, was a legal report, speaking of the laws and decrees that had been adopted, but it did not give much of an idea of what was happening on the ground. The additional Protocols to the Convention had not been signed, and the Kingdom’s reservations in this regard required further explanation. Were any measures being taken to reverse this, she asked, noting that there was a need to clarify which articles did not require reservations.
Other Committee Experts raised questions related to, among other things, what was the composition of the Commission for Child Welfare; the need to elaborate on the ongoing relationship between the Government and human rights groups and how this was evolving; whether there was a monitoring mechanism and whether it was independent, in accordance with the Paris Principles; issues related to non-discrimination against girls; whether teachers, religious officials, police officers and others working for and with children were trained in children’s rights; whether education for girls was stagnating and what the Government was doing to improve the situation; how the Government aimed to provide quality education for more children; whether primary education was truly free of charge; and various issues linked to the institutionalisation of children, in particular girls.
The Committee will release its formal, written concluding observations and recommendations on the second periodic report of Saudi Arabia towards the end of its three-week session which will conclude on 27 January.
As one of the 192 States parties to the Convention, Saudi Arabia is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public on Friday, 27 January at 10 a.m., it will conclude its session and issue its concluding observations and recommendations on the country reports which it has reviewed this session.
Report of Saudi Arabia
The second periodic report of Saudi Arabia (CRC/C/136/Add.1) says Islamic law guarantees human rights in general and the rights of the child in particular, especially the child’s right to care and to the consideration of his or her best interests. In Saudi Arabia, children are the focus and the main beneficiaries of the development process. The State provides a full range of services (educational, health, social etc.) to guarantee every child the opportunity to exercise his or her fundamental rights and to receive a proper upbringing within the family and society. In the Kingdom, governmental and private institutions play a major role in various fields of child welfare, offering educational, health, social and leisure services, developing children’s aptitudes and skills and fulfilling their other needs.
The National Commission for Child Welfare was established to liase between the competent government institutions and private organizations which work for children and to promote projects and programmes which cater for children and guarantee their rights. It also coordinates the work of governmental and private organizations involved in children’s issues as part of the follow up on the implementation of the Convention on the Rights of the Child. Coordination is effected through a number of mechanisms. There is considerable national interest in the Convention on the Rights of the Child. A number of steps and measures have been taken to make its principles and provisions widely known in accordance with article 42 of the Convention.
In Saudi Arabia full equality is guaranteed to all and everyone is protected by laws which ensure that they receive equal treatment in accordance with two important Islamic principles. The penal, judicial and administrative laws, including those dealing with children, confirm this state of affairs in everyday practice. Minors who commit an offence are dealt with in a manner that takes account of their age and social circumstances at the time of the commission of the offence, and there is no discrimination between juvenile offenders. Children are disciplined in accordance with the laws in force, due regard being given for their age and situation, the place in which the offence was committed, and the extent of the damage done, but without regard to their nationality or origin.
Presentation of Report
Torki bin Mohammed bin Saud Al-Kabeer, Assistant Deputy Minister for Political Affairs of Saudi Arabia, said Saudi Arabia was contributing, in association with the international community and its various religions and civilisations, to the protection of the firmly established principles of human rights and to the formulation of appropriate frameworks to develop and regulate all forms of human relations within an integrated fabric based on the need to ensure respect for human dignity and the human right to a decent life and to immunity from any violation of mental or physical integrity, privacy, home or family. The Kingdom showed great concern for the welfare of children, whom it regarded as the focal point and objective of development. On this basis, every effort had been exerted to enable all governmental, non-governmental and private institutions to contribute to the general educational, health, social and recreational welfare of children and to the development of their aptitudes and talents in accordance with developmental plans comprising a full range of programmes and projects designed to safeguard children, promote their welfare and prepare them for a decent and virtuous life.
With regards to child protection, Prince Torki said, it was noteworthy that Saudi Arabia was currently preparing a bill of law to protect children from abuse and neglect which it was hoping to promulgate and apply in the near future in order to further its endeavours to implement the provisions of the Convention. The right of the child to special protection, free education and comprehensive health care had been publicised, as had the Decree approving the Kingdom’s accession to the Convention, and its provisions disseminated. Saudi Arabia remained aware that much remained to be done if the happiness of its children was to be ensured and to help children throughout the world to enjoy their rights. However, it was determined to implement the plans for the achievement of these objectives, and to comply with all the instruments and conventions that had been ratified in such a way as to fulfil the hopes and aspirations of its children and citizens. Saudi Arabia welcomed dialogue and was eager for ongoing partnership and cooperation with the United Nations and its various organs in order to safeguard the rights of the child in a manner consistent with the Islamic Shari’a.
Questions by the Experts
Ghalia Mohd bin Hamad Al-Thani, the Committee Expert serving as Rapporteur for the report of Saudi Arabia, said the number of high-level experts in the delegation showed Saudi Arabia’s commitment to implementing the agreements to which it had adhered. There was a need to know what measures had been adopted to ensure better implementation of the Convention. The report, although it followed the guidelines, was a legal report, speaking of the laws and decrees that had been adopted, but it did not give much of an idea of what was happening on the ground. Saudi Arabia was taking its first steps towards the establishment of a civil society, and therefore the references to “bodies of civil society” in the report required elucidation. The additional Protocols to the Convention had not been signed, and the Kingdom’s reservations in this regard required further explanation. Were any measures being taken to reverse this, she asked, noting that there was a need to clarify which articles did not require reservations.
There was an issue related to coordination, Ms. Al-Thani noted, asking what were the roles of the Supreme Council and of the Commission for Child Welfare, and whether they overlapped. Had any laws been identified that were in contradiction with the Convention, she asked. Regarding capital punishment for those under 18 years of age, there was also a need for further clarifications, as this was an issue that had been raised on numerous occasions by different bodies, and would the Committee receive guarantees that it would not be applied to children under that age. What were the possibilities for children to express their views freely, and were any measures being taken to encourage society and families to listen to these views, she asked. The educational system did not allow corporal punishment, and the delegation should explain whether these laws were actually applied.
Other Experts raised a series of questions pertaining to, among other things, what was the composition of the Commission for Child Welfare; how the Government collected statistics; what was the minimum age for marriage; the need to elaborate on the ongoing relationship between the Government and human rights groups and how this was evolving; whether there was a monitoring mechanism and whether it was independent, in accordance with the Paris Principles; issues related to non-discrimination against girls; why there was no data on the religious minorities and Bedouin groups and whether this was not an indication that they were discriminated against; what was the minimum age for employment of children in the context that Saudi Arabia had signed numerous international conventions on child labour; what was done to ensure that laws were in conformity with international conventions, in particular that on the rights of the child; whether children born out of wedlock were entitled to nationality or citizenship and what could be done to help children establish their affiliation; whether children from religious minorities benefited from the right to freedom of opinion; and whether teachers, religious officials, police officers and others working for and with children were trained in children’s rights.
Response by Delegation
Responding to these questions and comments, the delegation said Saudi Arabia was very interested in child rights, and had sent a large delegation with wide-ranging expertise. In the report submitted to the Committee, with regards to reservations, the Kingdom had submitted reservations, as it believed that it had already fulfilled all the requirements covered by the article in question. What was being done in the Kingdom went beyond the provisions of the Convention. Other reasons were due to the need to leave various issues up to the judiciary to determine, and this showed the extent of the Kingdom’s respect for justice. The General Reservation did not prejudice the core of the Convention, and was a precautionary measure at a time when there was a development of the concept of human rights in a very rapid manner and in widely different interpretations.
The report referred to what was in the law, and could be implemented, the delegation said. Implementing the rules was sometimes difficult, as the best interests of the child were taken into account, and these were sometimes tricky. The National Commission for Childhood (changed recently from the National Commission for Child Welfare) had several levels, including that of the Minister, which was the Supreme Council of the Commission, then the Commission of Planning and Follow-up, which met almost weekly, and followed statistics, follow-up of projects, and what needed to be prepared for the Supreme Council. The right of the child to education was a supreme right, as with this right the child was capable of asking for other rights, such as those to health, but without education, these other rights could not be obtained.
Problems sometimes were not with rules, but with traditions. There was progress, but some things still needed to be changed, the delegation said. On civil society, most non-governmental organizations (NGOs), called associations, were involved in charitable works, but recently they were becoming involved in other fields. The Government wished to support the private sector in general and NGOs in particular, and had met with several, trying to diversify the meetings, holding different ones with different groups, including those working for children and for children with disabilities.
With regards to the role of Saudi Arabia in the fight against terrorism, the delegation said that the international community needed to fight together against this phenomenon, which followed no conventions, nor respected any forms of belief. Islam fought against terrorism, and sought to bring an end to it. Saudi Arabia had suffered from it, and had had some deplorable events within its territory, showing that it could also be touched by this scourge. Hence, a number of provisions had been adopted. There were many charitable organizations, and Saudi Arabia had never thought they would be used to support such acts, and it was now forced to keep a close eye on them, and had sought to do so through a framework that limited their access to funds for illicit purposes, and was doing its utmost to further this end, without actually interfering in the activities of such organizations when they were truly for charitable purposes.
There was specialised juvenile justice, with special tribunals and courts. Various institutions for social surveillance sought to rehabilitate young people, not to punish them. They were only arrested once the judge had made a decision, and were rehabilitated to take their place in society. Capital punishment was not accepted for those under 18, the delegation said. In accordance with Shari’a, offences and crimes were judged once they had been committed taking into account the age of the offender. Girls and boys could marry once they had reached the age of legal majority. The high birth rate in Saudi Arabia had caused a number of problems.
Further Questions by Experts
An Expert suggested that the religious police be trained that in cases of emergency where girl children may flee fires improperly dressed, that they should not be sent back. There was a need for an understanding of the situation, and that it was not always possible to be dressed properly in this case, and that the wrong thing to do was to send girls back into dangerous situations. The delegation said that the Governmental authorities had set up an inquiry into the matter inspiring this comment, and noted that the police had not intervened in the matter, having arrived later. The police did not take the girls back to the school.
During the second round of questions, the Rapporteur, Ms. Al-Thani, said when it came to health, the healthcare system of Saudi Arabia was a very good one, with increased funding, and indicators were showing a clear improvement in public health. Regarding handicapped children and children with disabilities, Saudi Arabia was making some effort to improve the situation, but there was a need for further information on other services made available to them, and whether efforts were made to incorporate them into mainstream society. Other issues raised by the Rapporteur covered maternity leave; problems of child obesity; whether there were any centres dealing with adolescents and their specific health problems, including psychological and sex education; the early age of marriage of certain girls and whether any measures had been taken to raise awareness of these issues since the initial report; female circumcision, although this was not a wide-spread practice but had been seen; and what measures were being taken to avoid the exploitation of children.
Other Experts raised questions on, among other things, whether fees were still charged in public schools; whether education for girls was stagnating and what the Government was doing to improve the situation; a request for information on the nomadic population and how their specific needs, including education, were met; issues linked to reports on migrant workers who became pregnant and were imprisoned due to this; harmful practices linked to early marriages; the length of compulsory education; how the Government aimed to provide quality education for more children; whether primary education was truly free of charge; what were the main reasons for dropping out of full-time education; whether there was human rights education in the schools and whether the rights of the child were included in this; what was being done to prevent problems linked to street children; what was being done to prevent child trafficking; and various issues linked to the institutionalisation of children, in particular girls.
Response by Delegation
Responding to these questions and others, the delegation said for children born out of wedlock, there was a helpline which was in operation 24 hours a day, and it gave access to legal experts. Regarding criminal responsibility, the minimum age was 12 years. On social protection, a special department had been set up to maximise protection up to the age of 18. For children placed in orphanages, this included children whose parents were unknown, Saudi Arabia considered that children should have a place of protection, and this included foster families and institutions, and these children were guaranteed a free education. Children in reform schools were not in places of detention, but rather in places of rehabilitation, and were only placed there if their legal guardians agreed. Efforts were made to keep the child as close to the parents as possible. Children from minorities enjoyed the same benefits as did Saudi children.
On the status of the Convention and its relationship with internal legislation, in compliance with the provisions of the Constitution, the ratification of the Convention followed the same process used for Saudi laws, and was published following a royal decree - it therefore had the same force as an internal law, and there was no law required for its adoption, the delegation said. Saudi Arabia was the second signatory to the Arab Charter on Human Rights, and hoped that the Charter would come into force very soon. On training on human rights, the Kingdom was one of the countries that were working hard to raise public awareness in the field of human rights. In recent years, a curriculum or programme had been organised for the teaching of human rights, including in universities, military organizations and secondary schools. When children committed crimes, they were judged according to their age at the time the crime had been committed, and this included crimes for which capital punishment was applied.
Health services in Saudi Arabia were a matter of pride, the delegation said, and the budget of the Ministry of Health had increased to 17 billion riyals. Mobile health units made services accessible in hard-to-reach areas, and there were also seasonal mobile health units during the grazing season. Primary health care was provided for free. A royal decree had been issued not to market alternative feeding for newborns with the aim of increasing breast-feeding, and a follow-up had been taken up by the competent authorities. All hospitals were encouraged to implement child-friendly policies. Ninety-four per cent of women breast-fed in the first four months. There was obesity in between 13 and 20 per cent of children, and steps had been taken to limit this problem, with a lot of education being carried out on food and diet.
With regards to female genital mutilation, very little had been said until recently in the media on the issue, the delegation said. The phenomenon was prohibited by law, and where there were suspicions, investigations were carried out and the authors sanctioned and expelled from the country. But officially, there were no reports of any cases of female genital mutilation. Maternity leave began from the date of birth, for three months at full pay. The mother could then choose to stay at home with her child for up to three years. Education was free for all children in Saudi Arabia for primary and secondary school, with no differentiation between Saudi and non-Saudi children, by law. This included books and health care within the school context. Saudi Arabia tried hard to provide education to all, including the Bedouin. Corporal punishment under any form, including beating, was forbidden in all schools, nevertheless, some cases were seen on occasion. Teachers were trained in how to deal with misconduct among children. If a teacher did beat a child, he or she could be suspended, held accountable, and punished accordingly, and these punishments included a warning to go on file, a salary deduction, or a prevention of certain financial allowances. School attendance was not a problem, as all children went to school, and there were solutions to dropping out.
Adolescents were not to be employed in any work that could lead to professional hazards of a health nature, the delegation said, or in such tasks as mining. The Government was working to guarantee vocational training in order to have Saudi workers replace foreign workers who were leaving their posts. Training was offered in many different fields, including in the military and private companies, which attempted to provide skills in specialised fields. A programme worked to increase the capacities of mothers to raise their children in more healthy ways.
What Saudi Arabia wanted to do, the delegation said, was to minimise the effects of child abuse, and it had plans for more education, more workshops, more assistance for children who could be abused despite the preventative efforts that would be made. A major programme was thus underway to prevent child abuse over the next 10 years. With regards to kafala, there was no difference between a child placed with a family and a natural child - they were given the same care. A special Governmental department had the responsibility of following-up the situation in order to ensure that a child placed with a foster family was in a positive situation. Children in social guidance centres were not involved in criminal cases, they were merely placed therein upon request of their parents. Various studies had shown that divorce, imprisonment, severe illness and death were among the reasons for children to be placed in such centres.
The Convention had been adopted according to procedure which gave it the strength of national law, and it amended previous laws if they were not in agreement with the Convention, the delegation said. If the Kingdom adopted later laws, there should be a later decree that would specify how they would be applied, and there was a provision that it should not be in contradiction with international treaties. There had never been any difficulty in respect of the Convention or in invoking its provisions in the internal courts. On the prosecution of juveniles, there were rehabilitation centres and special courts in all regions and cities. Penalties were not penal sentences, but disciplinary decisions. If there was a pardon or amnesty, on special occasions, this was according to the interests of the juvenile.
There were therapeutic measures taken for rehabilitation of children who were addicted to drugs - only trafficking and dealing in drugs were considered and treated as crimes. The press was free, although its vision could be different from the truth, and what was read in the papers was not necessarily true. The Government hoped the press would reflect positive results, and live up to its role as an educator and informer. Therefore, when it shed light on the truth without adding or deleting anything, this was a positive thing, and the media should review the measures taken by the Government. Responsibility for children was joint between men and women. The issue of beggars was one which the Government sought to solve. A lot of them were foreigners, who had entered the country either legally or illegally. Saudi Arabia did a lot to help large numbers of people who came to the country on pilgrimage, but there was a lot of smuggling of children from neighbouring countries. The Kingdom provided them with full care, with a large financial burden on the Government, rescuing them with the aim of returning them to their countries of origin.
Preliminary Remarks
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert serving as Rapporteur for the report of Saudi Arabia, said the delegation had provided much valuable information, with a detailed and concrete report, based on new and comprehensive information. The Committee always believed that a high-level delegation showed the strong political will of the country to fulfil its commitments. Many responses heard today were very good, and one of the positive things was the increase of the legal age of penal responsibility to 12, as well as the development of school curricula. The concluding observations would also review some of the matters still under progress or that required additional efforts, such as determining the age of the child in matters such as marriage. The poverty strategy was very interesting, and the Committee looked forward to hearing more about it. The necessary measures to ratify the additional protocols that the Council was considering were also very positive.
* *** *
For use of the information media; not an official record
Rights of the Child
24 January 2006
(Chamber A)
The Committee on the Rights of the Child today reviewed the second periodic report of Saudi Arabia on how that country is implementing the provisions of the Convention on the Rights of the Child.
In opening remarks to the Committee, Prince Torki bin Mohammed bin Saud Al-Kabeer, Assistant Deputy Minister for Political Affairs of Saudi Arabia, said the Kingdom showed great concern for the welfare of children, whom it regarded as the focal point and objective of development. On this basis, every effort had been exerted to enable all governmental, non-governmental and private institutions to contribute to the general educational, health, social and recreational welfare of children and to the development of their aptitudes and talents in accordance with developmental plans comprising a full range of programmes and projects designed to safeguard children, promote their welfare and prepare them for a decent and virtuous life. Saudi Arabia remained aware that much remained to be done if the happiness of its children was to be ensured, however, it was determined to implement the plans for the achievement of these objectives.
Committee Expert Ghalia Mohd bin Hamad Al-Thani, who served as Rapporteur for the report of Saudi Arabia, said there was a need to know what measures had been adopted to ensure better implementation of the Convention. The report, although it followed the guidelines, was a legal report, speaking of the laws and decrees that had been adopted, but it did not give much of an idea of what was happening on the ground. The additional Protocols to the Convention had not been signed, and the Kingdom’s reservations in this regard required further explanation. Were any measures being taken to reverse this, she asked, noting that there was a need to clarify which articles did not require reservations.
Other Committee Experts raised questions related to, among other things, what was the composition of the Commission for Child Welfare; the need to elaborate on the ongoing relationship between the Government and human rights groups and how this was evolving; whether there was a monitoring mechanism and whether it was independent, in accordance with the Paris Principles; issues related to non-discrimination against girls; whether teachers, religious officials, police officers and others working for and with children were trained in children’s rights; whether education for girls was stagnating and what the Government was doing to improve the situation; how the Government aimed to provide quality education for more children; whether primary education was truly free of charge; and various issues linked to the institutionalisation of children, in particular girls.
The Committee will release its formal, written concluding observations and recommendations on the second periodic report of Saudi Arabia towards the end of its three-week session which will conclude on 27 January.
As one of the 192 States parties to the Convention, Saudi Arabia is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public on Friday, 27 January at 10 a.m., it will conclude its session and issue its concluding observations and recommendations on the country reports which it has reviewed this session.
Report of Saudi Arabia
The second periodic report of Saudi Arabia (CRC/C/136/Add.1) says Islamic law guarantees human rights in general and the rights of the child in particular, especially the child’s right to care and to the consideration of his or her best interests. In Saudi Arabia, children are the focus and the main beneficiaries of the development process. The State provides a full range of services (educational, health, social etc.) to guarantee every child the opportunity to exercise his or her fundamental rights and to receive a proper upbringing within the family and society. In the Kingdom, governmental and private institutions play a major role in various fields of child welfare, offering educational, health, social and leisure services, developing children’s aptitudes and skills and fulfilling their other needs.
The National Commission for Child Welfare was established to liase between the competent government institutions and private organizations which work for children and to promote projects and programmes which cater for children and guarantee their rights. It also coordinates the work of governmental and private organizations involved in children’s issues as part of the follow up on the implementation of the Convention on the Rights of the Child. Coordination is effected through a number of mechanisms. There is considerable national interest in the Convention on the Rights of the Child. A number of steps and measures have been taken to make its principles and provisions widely known in accordance with article 42 of the Convention.
In Saudi Arabia full equality is guaranteed to all and everyone is protected by laws which ensure that they receive equal treatment in accordance with two important Islamic principles. The penal, judicial and administrative laws, including those dealing with children, confirm this state of affairs in everyday practice. Minors who commit an offence are dealt with in a manner that takes account of their age and social circumstances at the time of the commission of the offence, and there is no discrimination between juvenile offenders. Children are disciplined in accordance with the laws in force, due regard being given for their age and situation, the place in which the offence was committed, and the extent of the damage done, but without regard to their nationality or origin.
Presentation of Report
Torki bin Mohammed bin Saud Al-Kabeer, Assistant Deputy Minister for Political Affairs of Saudi Arabia, said Saudi Arabia was contributing, in association with the international community and its various religions and civilisations, to the protection of the firmly established principles of human rights and to the formulation of appropriate frameworks to develop and regulate all forms of human relations within an integrated fabric based on the need to ensure respect for human dignity and the human right to a decent life and to immunity from any violation of mental or physical integrity, privacy, home or family. The Kingdom showed great concern for the welfare of children, whom it regarded as the focal point and objective of development. On this basis, every effort had been exerted to enable all governmental, non-governmental and private institutions to contribute to the general educational, health, social and recreational welfare of children and to the development of their aptitudes and talents in accordance with developmental plans comprising a full range of programmes and projects designed to safeguard children, promote their welfare and prepare them for a decent and virtuous life.
With regards to child protection, Prince Torki said, it was noteworthy that Saudi Arabia was currently preparing a bill of law to protect children from abuse and neglect which it was hoping to promulgate and apply in the near future in order to further its endeavours to implement the provisions of the Convention. The right of the child to special protection, free education and comprehensive health care had been publicised, as had the Decree approving the Kingdom’s accession to the Convention, and its provisions disseminated. Saudi Arabia remained aware that much remained to be done if the happiness of its children was to be ensured and to help children throughout the world to enjoy their rights. However, it was determined to implement the plans for the achievement of these objectives, and to comply with all the instruments and conventions that had been ratified in such a way as to fulfil the hopes and aspirations of its children and citizens. Saudi Arabia welcomed dialogue and was eager for ongoing partnership and cooperation with the United Nations and its various organs in order to safeguard the rights of the child in a manner consistent with the Islamic Shari’a.
Questions by the Experts
Ghalia Mohd bin Hamad Al-Thani, the Committee Expert serving as Rapporteur for the report of Saudi Arabia, said the number of high-level experts in the delegation showed Saudi Arabia’s commitment to implementing the agreements to which it had adhered. There was a need to know what measures had been adopted to ensure better implementation of the Convention. The report, although it followed the guidelines, was a legal report, speaking of the laws and decrees that had been adopted, but it did not give much of an idea of what was happening on the ground. Saudi Arabia was taking its first steps towards the establishment of a civil society, and therefore the references to “bodies of civil society” in the report required elucidation. The additional Protocols to the Convention had not been signed, and the Kingdom’s reservations in this regard required further explanation. Were any measures being taken to reverse this, she asked, noting that there was a need to clarify which articles did not require reservations.
There was an issue related to coordination, Ms. Al-Thani noted, asking what were the roles of the Supreme Council and of the Commission for Child Welfare, and whether they overlapped. Had any laws been identified that were in contradiction with the Convention, she asked. Regarding capital punishment for those under 18 years of age, there was also a need for further clarifications, as this was an issue that had been raised on numerous occasions by different bodies, and would the Committee receive guarantees that it would not be applied to children under that age. What were the possibilities for children to express their views freely, and were any measures being taken to encourage society and families to listen to these views, she asked. The educational system did not allow corporal punishment, and the delegation should explain whether these laws were actually applied.
Other Experts raised a series of questions pertaining to, among other things, what was the composition of the Commission for Child Welfare; how the Government collected statistics; what was the minimum age for marriage; the need to elaborate on the ongoing relationship between the Government and human rights groups and how this was evolving; whether there was a monitoring mechanism and whether it was independent, in accordance with the Paris Principles; issues related to non-discrimination against girls; why there was no data on the religious minorities and Bedouin groups and whether this was not an indication that they were discriminated against; what was the minimum age for employment of children in the context that Saudi Arabia had signed numerous international conventions on child labour; what was done to ensure that laws were in conformity with international conventions, in particular that on the rights of the child; whether children born out of wedlock were entitled to nationality or citizenship and what could be done to help children establish their affiliation; whether children from religious minorities benefited from the right to freedom of opinion; and whether teachers, religious officials, police officers and others working for and with children were trained in children’s rights.
Response by Delegation
Responding to these questions and comments, the delegation said Saudi Arabia was very interested in child rights, and had sent a large delegation with wide-ranging expertise. In the report submitted to the Committee, with regards to reservations, the Kingdom had submitted reservations, as it believed that it had already fulfilled all the requirements covered by the article in question. What was being done in the Kingdom went beyond the provisions of the Convention. Other reasons were due to the need to leave various issues up to the judiciary to determine, and this showed the extent of the Kingdom’s respect for justice. The General Reservation did not prejudice the core of the Convention, and was a precautionary measure at a time when there was a development of the concept of human rights in a very rapid manner and in widely different interpretations.
The report referred to what was in the law, and could be implemented, the delegation said. Implementing the rules was sometimes difficult, as the best interests of the child were taken into account, and these were sometimes tricky. The National Commission for Childhood (changed recently from the National Commission for Child Welfare) had several levels, including that of the Minister, which was the Supreme Council of the Commission, then the Commission of Planning and Follow-up, which met almost weekly, and followed statistics, follow-up of projects, and what needed to be prepared for the Supreme Council. The right of the child to education was a supreme right, as with this right the child was capable of asking for other rights, such as those to health, but without education, these other rights could not be obtained.
Problems sometimes were not with rules, but with traditions. There was progress, but some things still needed to be changed, the delegation said. On civil society, most non-governmental organizations (NGOs), called associations, were involved in charitable works, but recently they were becoming involved in other fields. The Government wished to support the private sector in general and NGOs in particular, and had met with several, trying to diversify the meetings, holding different ones with different groups, including those working for children and for children with disabilities.
With regards to the role of Saudi Arabia in the fight against terrorism, the delegation said that the international community needed to fight together against this phenomenon, which followed no conventions, nor respected any forms of belief. Islam fought against terrorism, and sought to bring an end to it. Saudi Arabia had suffered from it, and had had some deplorable events within its territory, showing that it could also be touched by this scourge. Hence, a number of provisions had been adopted. There were many charitable organizations, and Saudi Arabia had never thought they would be used to support such acts, and it was now forced to keep a close eye on them, and had sought to do so through a framework that limited their access to funds for illicit purposes, and was doing its utmost to further this end, without actually interfering in the activities of such organizations when they were truly for charitable purposes.
There was specialised juvenile justice, with special tribunals and courts. Various institutions for social surveillance sought to rehabilitate young people, not to punish them. They were only arrested once the judge had made a decision, and were rehabilitated to take their place in society. Capital punishment was not accepted for those under 18, the delegation said. In accordance with Shari’a, offences and crimes were judged once they had been committed taking into account the age of the offender. Girls and boys could marry once they had reached the age of legal majority. The high birth rate in Saudi Arabia had caused a number of problems.
Further Questions by Experts
An Expert suggested that the religious police be trained that in cases of emergency where girl children may flee fires improperly dressed, that they should not be sent back. There was a need for an understanding of the situation, and that it was not always possible to be dressed properly in this case, and that the wrong thing to do was to send girls back into dangerous situations. The delegation said that the Governmental authorities had set up an inquiry into the matter inspiring this comment, and noted that the police had not intervened in the matter, having arrived later. The police did not take the girls back to the school.
During the second round of questions, the Rapporteur, Ms. Al-Thani, said when it came to health, the healthcare system of Saudi Arabia was a very good one, with increased funding, and indicators were showing a clear improvement in public health. Regarding handicapped children and children with disabilities, Saudi Arabia was making some effort to improve the situation, but there was a need for further information on other services made available to them, and whether efforts were made to incorporate them into mainstream society. Other issues raised by the Rapporteur covered maternity leave; problems of child obesity; whether there were any centres dealing with adolescents and their specific health problems, including psychological and sex education; the early age of marriage of certain girls and whether any measures had been taken to raise awareness of these issues since the initial report; female circumcision, although this was not a wide-spread practice but had been seen; and what measures were being taken to avoid the exploitation of children.
Other Experts raised questions on, among other things, whether fees were still charged in public schools; whether education for girls was stagnating and what the Government was doing to improve the situation; a request for information on the nomadic population and how their specific needs, including education, were met; issues linked to reports on migrant workers who became pregnant and were imprisoned due to this; harmful practices linked to early marriages; the length of compulsory education; how the Government aimed to provide quality education for more children; whether primary education was truly free of charge; what were the main reasons for dropping out of full-time education; whether there was human rights education in the schools and whether the rights of the child were included in this; what was being done to prevent problems linked to street children; what was being done to prevent child trafficking; and various issues linked to the institutionalisation of children, in particular girls.
Response by Delegation
Responding to these questions and others, the delegation said for children born out of wedlock, there was a helpline which was in operation 24 hours a day, and it gave access to legal experts. Regarding criminal responsibility, the minimum age was 12 years. On social protection, a special department had been set up to maximise protection up to the age of 18. For children placed in orphanages, this included children whose parents were unknown, Saudi Arabia considered that children should have a place of protection, and this included foster families and institutions, and these children were guaranteed a free education. Children in reform schools were not in places of detention, but rather in places of rehabilitation, and were only placed there if their legal guardians agreed. Efforts were made to keep the child as close to the parents as possible. Children from minorities enjoyed the same benefits as did Saudi children.
On the status of the Convention and its relationship with internal legislation, in compliance with the provisions of the Constitution, the ratification of the Convention followed the same process used for Saudi laws, and was published following a royal decree - it therefore had the same force as an internal law, and there was no law required for its adoption, the delegation said. Saudi Arabia was the second signatory to the Arab Charter on Human Rights, and hoped that the Charter would come into force very soon. On training on human rights, the Kingdom was one of the countries that were working hard to raise public awareness in the field of human rights. In recent years, a curriculum or programme had been organised for the teaching of human rights, including in universities, military organizations and secondary schools. When children committed crimes, they were judged according to their age at the time the crime had been committed, and this included crimes for which capital punishment was applied.
Health services in Saudi Arabia were a matter of pride, the delegation said, and the budget of the Ministry of Health had increased to 17 billion riyals. Mobile health units made services accessible in hard-to-reach areas, and there were also seasonal mobile health units during the grazing season. Primary health care was provided for free. A royal decree had been issued not to market alternative feeding for newborns with the aim of increasing breast-feeding, and a follow-up had been taken up by the competent authorities. All hospitals were encouraged to implement child-friendly policies. Ninety-four per cent of women breast-fed in the first four months. There was obesity in between 13 and 20 per cent of children, and steps had been taken to limit this problem, with a lot of education being carried out on food and diet.
With regards to female genital mutilation, very little had been said until recently in the media on the issue, the delegation said. The phenomenon was prohibited by law, and where there were suspicions, investigations were carried out and the authors sanctioned and expelled from the country. But officially, there were no reports of any cases of female genital mutilation. Maternity leave began from the date of birth, for three months at full pay. The mother could then choose to stay at home with her child for up to three years. Education was free for all children in Saudi Arabia for primary and secondary school, with no differentiation between Saudi and non-Saudi children, by law. This included books and health care within the school context. Saudi Arabia tried hard to provide education to all, including the Bedouin. Corporal punishment under any form, including beating, was forbidden in all schools, nevertheless, some cases were seen on occasion. Teachers were trained in how to deal with misconduct among children. If a teacher did beat a child, he or she could be suspended, held accountable, and punished accordingly, and these punishments included a warning to go on file, a salary deduction, or a prevention of certain financial allowances. School attendance was not a problem, as all children went to school, and there were solutions to dropping out.
Adolescents were not to be employed in any work that could lead to professional hazards of a health nature, the delegation said, or in such tasks as mining. The Government was working to guarantee vocational training in order to have Saudi workers replace foreign workers who were leaving their posts. Training was offered in many different fields, including in the military and private companies, which attempted to provide skills in specialised fields. A programme worked to increase the capacities of mothers to raise their children in more healthy ways.
What Saudi Arabia wanted to do, the delegation said, was to minimise the effects of child abuse, and it had plans for more education, more workshops, more assistance for children who could be abused despite the preventative efforts that would be made. A major programme was thus underway to prevent child abuse over the next 10 years. With regards to kafala, there was no difference between a child placed with a family and a natural child - they were given the same care. A special Governmental department had the responsibility of following-up the situation in order to ensure that a child placed with a foster family was in a positive situation. Children in social guidance centres were not involved in criminal cases, they were merely placed therein upon request of their parents. Various studies had shown that divorce, imprisonment, severe illness and death were among the reasons for children to be placed in such centres.
The Convention had been adopted according to procedure which gave it the strength of national law, and it amended previous laws if they were not in agreement with the Convention, the delegation said. If the Kingdom adopted later laws, there should be a later decree that would specify how they would be applied, and there was a provision that it should not be in contradiction with international treaties. There had never been any difficulty in respect of the Convention or in invoking its provisions in the internal courts. On the prosecution of juveniles, there were rehabilitation centres and special courts in all regions and cities. Penalties were not penal sentences, but disciplinary decisions. If there was a pardon or amnesty, on special occasions, this was according to the interests of the juvenile.
There were therapeutic measures taken for rehabilitation of children who were addicted to drugs - only trafficking and dealing in drugs were considered and treated as crimes. The press was free, although its vision could be different from the truth, and what was read in the papers was not necessarily true. The Government hoped the press would reflect positive results, and live up to its role as an educator and informer. Therefore, when it shed light on the truth without adding or deleting anything, this was a positive thing, and the media should review the measures taken by the Government. Responsibility for children was joint between men and women. The issue of beggars was one which the Government sought to solve. A lot of them were foreigners, who had entered the country either legally or illegally. Saudi Arabia did a lot to help large numbers of people who came to the country on pilgrimage, but there was a lot of smuggling of children from neighbouring countries. The Kingdom provided them with full care, with a large financial burden on the Government, rescuing them with the aim of returning them to their countries of origin.
Preliminary Remarks
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert serving as Rapporteur for the report of Saudi Arabia, said the delegation had provided much valuable information, with a detailed and concrete report, based on new and comprehensive information. The Committee always believed that a high-level delegation showed the strong political will of the country to fulfil its commitments. Many responses heard today were very good, and one of the positive things was the increase of the legal age of penal responsibility to 12, as well as the development of school curricula. The concluding observations would also review some of the matters still under progress or that required additional efforts, such as determining the age of the child in matters such as marriage. The poverty strategy was very interesting, and the Committee looked forward to hearing more about it. The necessary measures to ratify the additional protocols that the Council was considering were also very positive.
* *** *
For use of the information media; not an official record