COMMUNICATION FROM SPECIAL RAPPORTEUR ON THE

UNCLAS GENEVA 000679 STATE FOR IO-RHS, DRL-MLGA, L-HRR E.O. 12958: N/A TAGS: PHUM UNHRC SUBJECT: COMMUNICATION FROM SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS DEFENDERS ¶1. Mission has received a communication from the Special Rapporteur on the situation of human rights defenders. This communication is number 34 on the Geneva 2008 Communications Log. ¶2. Begin text of letter. Excellency, I have the honour to address you in my capacity as Special Rapporteur on the situation of human rights defenders pursuant to General Assembly resolution 60/251 and Human Rights Council resolution 7/8. In this connection, I would like to bring to your Government's attention information I have received concerning Mr. Ali Al-Ahmed, a consultant, writer, news commentator, and scholar. One of the focuses of his work is human rights violations in Saudi Arabia. The harassment of family members of Mr. Ali Al-Ahmed was the subject of an urgent appeal sent by the Special Representative of the Secretary General on the situation for human rights defenders to the Government of Saudi Arabia on 20 July 2006. According to information received: Mr. Ali Al-Ahmed has not been granted permanent residency, renewed travel authorization or renewed employment authorization in the United States of America although he meets the full statutory requirements for all three applications to be approved. He made the applications in November 1999, on 5 March 2008 and on 14 June 2004 respectively. Mr. Ali Al-Ahmed was granted asylum in the United States of America on 13 August 1998 and became eligible to apply for permanent residency one year afterwards. Having been granted asylum he is also eligible for a Refugee Travel Document and had made successful applications for this document in 2000, 2001, and 2002. Having been granted asylum Mr. Ali Al-Ahmed requires an Employment Authorization Document to work in the United States of America. He made successful applications for this document in 1996 and every year from 1998 until 2003. When he applied for permanent residency Mr. Ali Al-Ahmed was told that his application would take 482 to 512 days to process. More than eight years later his application has still not been processed. When he applied for his Refugee Travel Document he was told that his application would take approximately 235 to 265 days to process. More than five years later his application has still not been processed. When he applied for his Employment Authorization Card he was told that his application would take approximately 80 days to process. More than four years later his application has not been processed. Being unable to travel has an adverse effect on Mr. Ali Al-Ahmed's ability to work. He has been unable to attend conferences and meetings in other countries. Moreover, he has been unable to obtain grants for projects overseas. Although he has used all administrative means possible, Mr. Ali Al-Ahmed has been unable to complete his application process. Concern is expressed that delays in Mr. Ali Al-Ahmed's application for permanent residency, to renew his travel document and to renew his employment authorization card impede his non-violent activities in defense of human rights. While I do not wish to prejudge the accuracy of these allegations, I would like to refer Your Excellency's Government to the fundamental principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and in particular articles 1 and 2 which state that "everyone has the right individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels" and that "each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice". Furthermore, I would like to bring to the attention of your Excellency's Government the following provision of the Declaration: article 5 a) which establishes that for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels, to meet or assemble peacefully. I urge your Government to take all necessary measures to guarantee that the rights and freedoms of the aforementioned person are respected and that accountability of any person guilty of the alleged violation is ensured. I also request that your Government adopts effective measures to prevent recurrence of these acts. Moreover, it is my responsibility under the mandate provided to me by the Human Rights Council, to seek to clarify all cases brought to my attention. Since I am expected to report on these cases to the Human Rights Council, I would be grateful for your cooperation and your observations on the following matters: ¶1. Are the facts alleged in the above summary of the case accurate. ¶2. Please provide information on how prohibiting Mr. Ali Al-Ahmed's movement is compatible with international human rights norms and standards as contained in the International Covenant on Civil and Political Rights and the Declaration on Human Rights Defenders. ¶3. Please provide information on why there have been such delays on the processing of Mr. Ali Al-Ahmed's applications. I would appreciate a response within sixty days. I undertake to ensure that your Government's response to each of these questions is accurately reflected in the report I will submit to the Human Rights Council for its consideration. Please accept, Excellency, the assurances of my highest consideration. Margaret Sekaggya, Special Rapporteur on the situation of human rights defenders. End text of letter. TICHENOR NNNN