SAUDI ARABIA MOVING TO IMPLEMENT NEW HUMAN

C O N F I D E N T I A L SECTION 01 OF 03 RIYADH 000984

SIPDIS

NEA/ARP JHARRIS, G/TIP, DRL

E.O. 12958: DECL: 07/26/2019
TAGS: PGOV PHUM SA
SUBJECT: SAUDI ARABIA MOVING TO IMPLEMENT NEW HUMAN
TRAFFICKING LAW

REF: SECSTATE 71880

RIYADH 00000984 001.2 OF 003


Classified By:
CDA Ambassador Richard W. Erdman for reasons 1.4 (b) and (d).


1. (U) This is an Action Request, see paragraphs 7.B.1 and
7.G.1.


SUMMARY
--------------


2. (SBU) Responding to demarche on the TIP Action Plan for
Saudi Arabia, an MFA official described recently enacted
comprehensive anti-trafficking legislation. Further, the
Saudi Council of Ministers also adopted a GCC-wide
anti-trafficking measure. The Saudi National Commission for
Human Rights will coordinate implementation of the new law
and has instructed government ministries to prepare
implementation plans by November 30. The official expressed
interest in possible U.S.-provided training or technical
assistance programs in areas such as victim identification
and public awareness, or training for Saudi law enforcement
and Ministry of Justice (MOJ) officials. End Summary.


FINALLY...AN ANTI-TRAFFICKING LAW IS PASSED
--------------


3. (U) Poloffs presented reftel demarche on the Trafficking
In Persons (TIP) Action Plan July 21 to Ministry of Foreign
Affairs (MFA) human rights chief Abdulrahman al-Rassi.
Al-Rassi is also a member of the Saudi National Commission
for Human Rights (NCHR). According to al-Rassi, the new law
is aimed mainly at trafficking of domestic workers and seeks
to protect those that are most vulnerable including women and
children. Although the official text of the new law has not
been made public yet, key points of the legislation were
published in Al-Hayat newspaper on July 16. Details of the
new legislation include:

- Article 1 defines trafficking as: the use, employment,
transfer, shelter or receiving of persons for the purpose of
exploitation.

- Article 2 indicates the scope of activity that can be
penalized under the law (prohibits any form of human
trafficking). Additional articles criminalize and note
sentences for various incarnations of trafficking and
accessorizing such crimes, including up to 15 years in jail
and hefty fines.

- Article 15 outlines protections that will be afforded to
victims including medical services and security if needed.
However, clause 7 of the article does not mandate that a
victim be allowed to stay in the Kingdom during legal
proceedings, instead noting that "public prosecution and
competent court may consider that."

- Article 17 places a timeline, noting that "this system
will be functional after 90 days from its official
publication."


4. (U) Contemporaneously, the Council of Ministers approved
the implementation of a unified GCC law for combating human
trafficking. According to al-Rassi, adoption of the GCC law
by the Saudi Council of Ministers gives the GCC measure the
same effect as a national law enacted by the Saudi
government. Al-Rassi indicated that the Saudi government was
serious about combating human trafficking as it is a "crime
against both Saudi religion and culture." He noted that the
two new anti-trafficking laws as well as a domestic workers
rights bill recently passed by the Shura Council demonstrate
the Saudi government's concerted effort to tackle human
trafficking.


A STRATEGIC PLAN BY NOVEMBER
--------------


5. (SBU) Al-Rassi commented that the new law gives the NCHR
the lead in coordinating and implementation of the new law,
and that the NCHR will create a specific trafficking unit to
carry out this responsibility. The NCHR has already begun
coordinating with other ministries, he said, including the
MFA, Ministry of Interior (MOI),Ministry of Social Affairs
(MOSA),Ministry of Culture and Information (MOCI),and the
Ministry of Justice (MOJ) to create a unified strategic plan

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on combating human trafficking which focuses on the
implementation and enforcement of the new law. He expects
the plan will be submitted to the new high-level ministerial
committee for approval after Ramadan ends in late September.
Al-Rassi said interministerial meetings on creating the
strategic plan have been and will continue to be conducted
each week until the plan is finalized.



6. (C) Al-Rassi stated that the NCHR expects to set November
30 as the deadline for the various ministries to demonstrate
implementation of the new law as stated in Article 17 of the
legislation. He added that public awareness of the new law
and what constitutes human trafficking was a priority for the
Saudi government and would be included in the strategic plan.
Al-Rassi noted that in the past, it has been very difficult
to distinguish human trafficking from other crimes or even to
criminalize trafficking as many customs and habits (now
classified as trafficking) are not seen as crimes within
Saudi Arabia. Al-Rassi indicated that the Saudi government
was open to cooperation with the U.S. government on
anti-trafficking training programs for social workers, law
enforcement officials and judges.


HOW SAUDI ACTIONS MEASURE UP TO THE ACTION PLAN
-------------- --


7. (C) The new anti-trafficking law is a significant and
timely step forward to address the elements of the TIP Action
Plan. Below is Post's assessment of how Saudi actions
measure up to the 2009 TIP Action Plan.


A. INCREASE NUMBER OF CRIMINAL PROSECUTIONS

The new anti-trafficking law defines and criminalizes human
trafficking for the first time. Until now, the Saudi
government has made no discernible efforts to criminally
prosecute or punish trafficking offenses. The Saudi
government in rare instances, usually involving cases of
extreme physical abuse, did jail or fine employers under
Articles 229-242 of its Labor Law. Additionally, although
the Saudi government asserted that Shari'a (Islamic) law
could be used to prosecute trafficking offenses, in practice
there have been no prosecutions. However, with the
comprehensive anti-trafficking law criminalizing all forms of
human trafficking and outlining jail time and fines for
specific acts, it is now possible that the Saudis will use
the new legislation as a basis for making some arrests.
However, the law does not specifically note the common
practice of passport holding and exit-visa denial present in
most trafficking cases in the Kingdom and therefore, the
actual cases prosecuted under the new legislation may be
limited. The law does not secure the rights of victims to
remain in Saudi Arabia during the investigation and court
proceedings, a circumstance which may further impede the
chances of seeing any actual convictions.



B. TAKE STEPS TO DEVELOP AND IMPLEMENT A FORMAL PROTOCOL TO
IDENTIFY TRAFFICKING VICTIMS

The interministerial working group is currently drafting a
comprehensive strategy which includes a systematic process to
identify all types of trafficking victims. Al-Rassi indicted
that the Saudi government is very interested in U.S.
assistance in developing victim identification programs and
training law enforcement and social services personnel. The
Department of Homeland Security Immigration and Customs
Enforcement (DHS-ICE) has successfully conducted several
anti-trafficking programs focused on confronting and
combating human trafficking in neighboring Bahrain for law
enforcement officials and judges.

B.1 ACTION REQUEST: Unless Department objects, Post will
coordinate with DHS-ICE to determine what anti-trafficking
programs and technical asistance we might be able to offer to
HRC, MOI, MOJ, MOL, MOCI, MOSA and other law enforcement and
social services personnel.



C. DRAFT AND TAKE STEPS TO ENACT A COMPREHENSIVE
ANTI-TRAFFICKING LAW

The Saudi government recently enacted a comprehensive
anti-trafficking law which broadly defines and prohibits
trafficking in a way that could potentially be used to
prosecute a wide variety of offenses. At the same time,

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however, the new legislation does not adequately maintain the
integrity of the investigation and prosecution of trafficking
crimes. Contemporaneously, the Council of Ministers adopted
a GCC-wide anti-trafficking measure. A new Anti-trafficking
Unit to be established in the NCHR will oversee the
implementation of the anti-trafficking law and coordinate
among the ministries involved including the MFA, MOI, MOJ,
MOSA and MOCI. Realizing that implementing the new
legislation will be difficult, the Saudi government has
created an interministerial committee to develop a strategic
implementation plan.



D. ENSURE THAT TRAFFICKING VICTIMS ARE NOT DETAINED OR
PUNISHED FOR ACTS COMMITTED AS A RESULT OF BEING TRAFFICKED

In addition to the new anti-trafficking legislation, the
Saudi government created a high-level ministerial committee
to follow up on victims of human trafficking to ensure that
the victims are not harmed or punished for acts committed as
a result of being trafficked. Additionally, the committee
can make recommendations to allow victims to remain in the
Kingdom or will coordinate repatriation of such victims to
their countries. This committee will approve the final
strategic implementation plan of the new legislation.
Although the NCHR will play a leading role, it is still
unclear to whom this committee will report or whether it will
be sufficiently empowered to carry out its role.



E. CONTINUE TO CONDUCT A BROAD PUBLIC AWARENESS CAMPAIGN

There has been limited effort to raise awareness about human
trafficking and thus, the campaign has been largely
ineffective to date. However, as part of the new
implementation strategy of the anti-trafficking law, a
revamped public awareness campaign is planned. Al-Rassi
indicated that the Saudi government is interested in
developing new public awareness programs in cooperation with
the U.S. government.



F. TAKE STEPS TO REFORM OR ELIMINATE THE CURRENT LABOR
SPONSORSHIP SYSTEM

The Shura Council recently passed a new domestic workers
rights law - something that has been under discussion for
years. Shura Council resolutions are non-binding until
passed by the Council of Ministers and implemented by Royal
Decree to have the force of law; while it is difficult to
predict how long this process might take, it is not likely
that this law will be passed within the 60-day limit
specified by the TIP Action Plan. At present, the current
protections for workers offered under the Labor Law do not
apply to domestic workers. Although the new draft law does
not eliminate the labor sponsorship system, it proposes
significant reforms to increase the rights and protections of
workers and includes penalties against abusive employers.



G. TAKE STEPS TO ENSURE THE FREEDOM OF MOVEMENT OF ALL
LABORERS

Although the Saudi government requires exit visas for all
foreigners, this policy creates a major hardship for laborers
and in particular, domestic workers by restricting their
movement in and out of the country. Currently, the exit
visa policy is not under discussion and the Saudi government
is unlikely to change this policy in the near future.
Additionally, Saudi law does not prohibit Saudi employers
from holding passports of foreign workers, creating an
additional impediment towards free movement.

G.1 ACTION REQUEST: Post requests that Department provide
examples of how the exit visa/passport holding issue has been
addressed elsewhere, to allow us to approach the Saudi
government on this important issue with credible examples of
successful efforts at reform in other countries.
RUNDELL