Saudi Arabia

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Reported Population (Single Day)

17,030

2024

Deaths in Detention

10

2021

Refugees

473

2023

Asylum Applications

3,937

2023

Overview

What we know about immigration detention in Saudi Arabia comes from scattered press accounts and reports by human rights organisations that rely on information provided by former detainees after they have been deported. While our knowledge of the Saudi detention regime remains very incomplete, these reports make clear that detention has become an important tool in the government’s efforts restrict unauthorised foreign workers, particularly as the number of people targeted for removal from the country has skyrocketed in recent years.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Policy and Practice Updates From the Gulf 

In the past year, detention and deportation operations have been on the rise across the Gulf region. The GDP’s partner in the region, Migrant-Rights.org, has been documenting and reporting on these campaigns. They have detailed how every week “hundreds of migrant workers [are] detained in searches and raids. Most workers are detained for having inaccurate […]

Read More…

Al Hidd Detention Centre (Source: Migrant-Rights.org)

Migrants and Asylum Seekers Face Violent Attacks, Then Detention, At Saudi Border. 

In a new report, Human Rights Watch (HRW) details the horrific killing of hundreds of migrants and asylum seekers at the Saudi-Yemen border. According to the report, Saudi border guards have used explosive weapons and shot at groups of people–largely Ethiopian migrants and asylum seekers–killing hundreds, amongst them women and children. Those who survive have […]

Read More…

Saudi Arabia: Covid-19 and Detention

Amnesty International (AI) reported that at least three people died in detention centres housing thousands of Ethiopian migrants in Saudi Arabia (AI 02.10.2020). The rights group said that migrants were facing “unimaginable cruelty,” including being chained together in pairs, and using their cell floors as toilets. AI urged Saudi authorities to improve conditions in the […]

Read More…

Ethiopian Migrants Expelled by Yemeni Rebels Who Forced Them to the Saudi Arabian Border, (AFP,

Saudi Arabia: Covid-19 and Detention

Poor conditions of immigration detention in Saudi-Arabia have been called out several times by Human Rights Watch (HRW). Reports of migrant trafficking and overcrowding in the country’s facilities are numerous. In April, thousands of Ethiopians were expelled from Yemen as Houthi forces declared them “coronavirus carriers” (see our 4 August Yemen update). They were forced […]

Read More…

Human Rights Watch, “Ethiopians Detained in Saudi Arabia After Being Expelled by Houthis in Yemen,” Youtube, 13 August 2020, https://www.youtube.com/watch?feature=youtu.be&v=8tO1R-hHCCc&app=desktop

Saudi Arabia: Covid-19 and Detention

Although the UN urged Saudi Arabia to cease deportations in April, Riyadh has continued the practice throughout the pandemic. Since March, 2,870 Ethiopian migrant workers have been deported and Ethiopian officials have reported that as of the end of July, some 927 of these deportees were infected with the virus (although the true number is […]

Read More…

New York Times, “Ethiopian Workers are Forced to Return Home, Some with Coronavirus,” 1 August 2020, https://www.nytimes.com/2020/08/01/world/africa/ethiopian-migrant-workers-coronavirus.html

Saudi Arabia: Covid-19 and Detention

Thousands of Ethiopian workers – including large numbers of domestic workers – were deported from Saudi Arabia (as well as the UAE) over the weekend (10-12 April). Deported on cargo planes, some were reported to be displaying symptoms of Covid-19, although none had been tested for the virus. According to the UAE government, they were […]

Read More…

Saudi Arabia: Covid-19 and Detention

On 26 March, the state-backed Human Rights Commission (HRC) announced that 250 foreign detainees – held on non-violent immigration and residency offences – had been released from detention facilities. A HRC spokesman stated that more releases were to be expected. Previously, on 18 March 2020, Saudi authorities decided to close tribunals for two weeks and […]

Read More…

Indian Migrant Workers Held in the Riyadh Immigration Detention Centre, 15 June 2015, (https://www.middleeastmonitor.com/20150615-a-cry-for-help-from-inside-a-saudi-detention-centre/)
Last updated: January 2016

Saudi Arabia Immigration Detention Profile

    In March 2014, Agence France-Presse reported that a migrant confined in an immigration detention centre near Mecca was killed and nine others injured when police intervened to stop an uprising at the facility. A police spokesperson explained that the intervention had been necessary because detainees "tried to cause chaos ... resulting in damages to the centre.”[1] A few months earlier, in November 2013, a spokesperson for the Riyadh police was quoted in a news report saying the government was spending some 1 million Saudi Riyals (approximately 266,000USD) daily to detain “illegal Ethiopians” and had “rented 90 rest houses at double the normal price and milk valued at SR200,000 for their children.”[2]

    As there is little government transparency in Saudi Arabia and no independent oversight of detention practices, what we know about immigration detention in the country comes from scattered press accounts like the ones cited above and reports by human rights organizations that rely on information provided by former detainees after they have been deported. While our knowledge of the Saudi detention regime remains very incomplete, these reports make clear that detention has become an important tool in the government’s efforts to restrict the number of unauthorized foreign workers.[3] Additionally, there are reports dating back more than a decade indicating that Saudi authorities were using prisons and other facilities to hold non-citizens in a form of immigration detention.[4]

    To help fill in gaps in our knowledge of detention practices in the country, the Global Detention Project (GDP) reviewed the country’s legislation, contacted sending country embassies and local offices of international organizations, corresponded with NGOs, consulted human rights reports and websites that address immigration issues in the country (including www.migranteme.org, migrantemena.blogspot.ch, and www.migrant-rights.org), and examined the meagre resources on the country produced by relevant human rights bodies. The GDP also reached out to rights activists working with migrants both in Saudi Arabia and after deportation, interviewing in particular one individual who advocates on behalf of migrants.[5]

    Saudi Arabia has long been an important destination for workers from across Asia and the Middle East, who account for nearly a third of the country’s population.[6] Labour migration to the Kingdom began as early as the 1930s, spurred by oil exploration, but picked up significantly after the oil boom of the 1970s (Saudi Arabia has the second largest oil reserve in the world and maintains the world’s largest crude oil production).[7] As of 2013, the country was home to approximately 9 million immigrants.[8]

    Foreign workers, in fact, represent the largest segment of the country’s working population.[9] By 2008, non-nationals accounted for 50.6 percent of the country’s workers.[10] A more recent study reports that by 2013 foreigners “accounted for 56.5 percent of the employed population, and 89 percent of the private sector workforce.”[11] According to the Middle East online advocacy forum Migrant-Rigths.org, a stunning 99.6 percent of all domestic workers and personal assistants in the Kingdom are foreigners.[12] Complicating their situation is the fact that many of these workers are undocumented. According to the activist working with Filipinos who was interviewed by the GDP, of the 1.2 million Filipino workers in Saudi Arabia, the vast majority are “undocumented” because they have either left their official employer or overstayed their permits.[13] In August 2015, Saudi Arabia also experienced a significant influx of refugees fleeing conflicts in nearby countries, particularly Syria. Media reports citing government sources state that by September 2015 some 500,000 Syrians had arrived in the country.[14] Saudi Arabia, however, has not ratified the UN Refugee Convention, and the Syrians are not considered to be refugees. One Saudi journalist writes that while many Syrians have been able to remain in the country after their visas expired and find jobs, the country is trying to prevent more refugees from coming because the labour market is “saturated.” He writes: “Our brotherly relations with the Syrian people … prevailed, and we opened our doors to them as much we could. But our economy cannot tolerate hosting refugees who turn into residents.”[15]

    It is against this demographic backdrop that any assessment of immigration detention in Saudi Arabia must be understood. On the one hand, the country—like all of its Gulf neighbours—is notorious for its sponsorship (kafala) labour system, which ties workers to their employers and places enormous pressures on foreign workers, making them vulnerable to abuses at their places of work as well as to arrest, detention, and deportation. There have been numerous reports on the challenges and human rights violations that expatriate workers experience in this system, particularly low-wage workers and women domestic workers.[16]

    At the same time, “Saudi Arabia is one of the countries that have implemented vigorous policies to reduce dependence on foreign workers and increase the employment of nationals in the economy.”[17] As recently as 1985, non-nationals accounted for a 65 percent of the country’s labour force. To drive down these numbers, a policy of “Saudisation” has been pursued, which has included a series of deportation campaigns aimed at removing “illegal workers.” These mass removal efforts have led to huge numbers of people being placed in detention as they await removal from the country. According to Amnesty International’s 2014/2015 report on Saudi Arabia, “Many migrants reported that prior to their deportation they had been packed into severely overcrowded makeshift detention facilities where they received little food and water and were abused by guards.”[18]

    The deportations, part of a larger domestic labour market restructuring called Nitaqat, have been massive in scale. In April 2013, Saudi authorities announced that nearly 800,000 illegal workers had been deported during the previous 15 months.[19] Further, between November 2013 and March 2014 over 1.5 million “illegal noncitizen workers” reportedly “either self-deported or were forcibly deported” and the Ministry of Interior reported that “it detained an average of 22,000 “illegal migrants” per month between February and August [2013].”[20] According to the International Organisation for Migration (IOM), during the period June 2013 to November 2014, 613,743 Yemenis were returned.[21]

    In November 2013, by which time some five million undocumented expatriates had been regularized,[22] a “grace period” expired and a Ministry of Interior spokesman declared that “all expatriates who work for their personal gain or overstayed their Haj, Umrah, and visit visas and infiltrators will be caught and will be detained until completing legal procedures for penal measures and deportation.” The government also stated that the campaign would target those who “cover up illegals or those who give them shelter or transportation or any kind of help” and that all “branches of the Public Security will shoulder the responsibility of catching the violators and handing them over to detention centres, which will be under the supervision of the General Prisons Directors.”[23]

    This crackdown was accompanied by numerous reports of ill-treatment, which generally came to light after people had been deported. For instance, when 30 Filipino workers were expelled in November 2013, they made allegations of abuse, stating that the Saudi police rounded them up and placed them in a crowded cell for four days with their feet chained before taking them to the airport to be deported.[24]

    Also in early November 2013, round-ups in the Manfouha district in Riyadh, where many East Africans (particularly Ethiopians) live, led to clashes with security forces and resulted in scores of injuries and at least two deaths.[25] Human Rights Watch (HRW) spoke to five Ethiopian migrant workers in Saudi Arabia who described the attacks that took place in the Manfouha neighbourhood.[26] It is estimated that more than 150,000 Ethiopians were expelled from the Kingdom during the crackdown.[27] However, in a 2014 interview, Aida Awel, Chief Technical Advisor on Migrant Domestic Workers at the International Labour Organization’s Addis Ababa Office stated that the number of Ethiopian returnees had reached 163,018, of which 100,688 were men, 53,732 women, and 8,598 children.[28] The large scale of round-ups in a relatively short period of time also meant that migrants were detained in makeshift facilities and even camps.[29]

    There has also been concern that the recent deportations in Saudi Arabia have included refugees and asylum seekers. According to reports, between December 2013 and August 2014, Saudi authorities summarily deported 40,000 Somalis, many of them from parts of Somalia where their lives and freedom would likely be threatened.[30] During debriefings after their deportations, the Somalis claimed that beatings and other abusive treatment occurred during the deportation process.[31]

    As noted previously in this report, the recent crackdown on foreigners is not unprecedented. There are reports dating back nearly 15 years of people being placed in immigration detention. Also, in 2003, Saudi Arabia attempted to construct a fence along its 1,800-kilometer border with Yemen. Construction was halted after the Yemeni government complained that it violated a border treaty the two countries signed in 2000.[32] However, construction of the fence resumed in 2013,[33] accompanied with the deportation of hundreds of thousands of Yemenis, causing an outcry from the impoverished nation, which depends heavily on remittances.[34]

     

    Laws, Policies, and Practices

    The Kingdom of Saudi Arabia, an absolute monarchy whose king is both head of state and head of government, is arguably the most conservative country in the Middle East. It is heavily influenced by an extreme form of Islam known as Wahhabism and it is notorious for its pervasive gender-based discrimination.

    The government bases its legitimacy on its interpretation of Sharia (Islamic law) and on the 1992 Basic Law of Governance, which specifies that “the Kingdom of Saudi Arabia is a sovereign Arab Islamic State” and that the rulers of the country shall be male descendants of the country’s founder, King Abdulaziz bin Abdulrahman Al-Faisal Al-Saud.[35] Article 36 of the Basic Law stipulates that “[t]he State shall provide security for all citizens and residents on its territories. No one may be confined, arrested or imprisoned without reference to the Law”.

    Article 35 of the Law of Criminal Procedure (Royal Decree No. M/39) also states that “no person shall be arrested or detained except on the basis of a judicial order from the competent authority.” This article also specifies that “[a]ny such person ... shall also be advised of the reasons of his detention ...” [36] Additionally, article 114 of the Law of Criminal Procedure provides that if an accused is to be detained in pretrial detention, it is to last a maximum of five days, renewable up to a total of six months. Article 116 provides that “Whoever is arrested or detained shall be promptly notified of the reasons for his arrest or detention, and shall be entitled to communicate with any person of his choice, to inform him (of his arrest or detention), provided that such communication is under the supervision of the criminal investigation officer.” However, the GDP has not come across practical instances where these safeguards are applied to immigration detainees.

    There have been numerous reports of overcrowding in prisons and mistreatment of detainees (including torture), denial of due process, arbitrary interference with privacy, and discrimination based on gender, religion, sect, race, and ethnicity.[37] It is virtually impossible for independent non-governmental organizations to operate in Saudi Arabia, there is no independent oversight of prisons or detention centres, and human rights defenders are frequently the target of harassment and prosecution.

    Grounds for detention and criminalisation. Saudi Arabia does not have a comprehensive migration policy. However, the Residence Regulations (No. 17/2/25/1337 of 1952), which contains a set of laws pertaining to immigration status and the rights of non-citizens, provides norms concerning the detention and incarceration of non-citizens for immigration-related reasons.[38] Additionally, the Labour Law provides penalties for violations of immigration-related statutes.[39]

    These laws, however, generally relate to criminal punishments and do not make reference to administrative immigration-related detention. It is often unclear to what extent one can separate immigration detention from criminal incarceration, and many cases of foreigners being held in prison awaiting deportation tend to describe the detentions as being related to criminal procedures.

    Thus, for instance, in a 2012 letter to the Saudi government expressing concern about the imprisonment of a group of Ethiopian Christians, the UN High Commissioner for Human Rights stated that although the individuals were being held at Jeddah’s Briman Prison to await deportation, they had all been “informally charged” with “illicit mingling” of unmarried persons of the opposite sex.[40] Even when the detentions appear to be strictly related to immigration reasons, deprivation of liberty is generally described as resulting from a criminal procedure.[41]

    Part IV of the Residence Regulations covers penalties for violations of immigration-related provisions. Article 50 states that any foreigner who enters the country illegally—in violation of Articles 2 (requiring a valid passport or travel document and visa) and 3 (requiring entry/exit into the Kingdom through designated ports of entry) of the law—shall be imprisoned until deported.

    Article 53 states that any person in breach of Article 5 (stating conditions of entry into the Kingdom) shall be fined 100-200 Saudi Riyals or imprisoned for a period ranging from two weeks to a month, deprived of residency, and deported.

    Additionally, an unusual catch-all provision, Article 60, states that any breach of the Residency Regulations for which no penalty has been stipulated shall incur a financial fine of 100-300 Saudi Riyals and/or imprisonment for two to six weeks.

    The country’s Labour Law also provides penalties for working for a non-sponsor. According to the recently amended Article 39 in 2013, “The Ministry of Interior shall arrest, deport and enforce the penalties on the violators from those who are working for their own account, from the streets. The Ministry shall arrest those who are absent from work (fleeing), their employers and those who are covering them, transferring them and each one has a rule in the violation and apply the penalties thereon.”[42]

    Adherence to international norms. Saudi Arabia holds one of the lowest levels of ratification of core international human rights treaties and has not ratified the main instruments relevant to immigration detention, including the Refugee Convention, the Convention on Statelessness, the International Covenant on Civil and Political Rights, or the Migrant Workers Convention. It has made implementation of the few human rights norms it has subscribed to conditional upon respect for the norms of Islam and Sharia law. Further, Saudi Arabia’s reporting to relevant human rights mechanisms tasked with monitoring implementation of these treaties is lagging severely. The country has not responded to requests for visits by the Working Group on Arbitrary Detention (in 2008 and 2011), the Special Rapporteur on Torture (in 2006, 2007 and 2010), or the Special Rapporteur on Trafficking (in 2005).

    This poor record concerning adherence to key global norms is an important indicator of the vulnerability of migrants, asylum seekers, and refugees in immigration-related detention. However, in 2009 Saudi Arabia ratified the Arab Charter on Human Rights, which contains provisions against arbitrary detention and some procedural safeguards during detention. The GDP has been unable to find information about Saudi Arabia’s reporting to the Arab Committee on Human Rights mandated to monitor implementation of the Charter. 

    Length of detention. As the law does not specifically provide for administrative immigration-related detention, there is no specified time limit for this practice. According to one source, the longest time spent in immigration detention that he was aware of was about three years.[43] He said that advocates in the country have “raised serious concerns” regarding lengthening periods in detention, which often last from between three months to a year due to complications in completing deportation formalities.[44]

    Describing the problems that impact lengths of immigration detention, the GDP source said that they mainly stem from the kafala system, which requires that a migrant obtain an exit clearance from his or her sponsor and/or employer. “Tracing and negotiating with an employer to obtain exit visa/clearance is really a big obstacle for deportation.” He added that there is also “the question on who will pay the penalty” for an expired residence permit.[45]

    Deportation. The Residence Regulations provide a number of grounds for deportation from the country. All the articles mentioned above include deportation as the final penalty. In addition to those articles, Article 54 provides that any foreigner who violates Article 12 (working without a permit) will be deprived of his residency and deported. Further, Article 55 states that any foreigner who fails to renew his residency permit in a timely manner shall be fined for his first offense, pay double for his second offense, and be deported the third time.

    Asylum seekers. Saudi Arabia is not a signatory to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is unclear to what extent asylum seekers face arrest and detention. Article 42 of the 1992 Basic Law provides that the state will grant political asylum “if so required by the public interest.”[46] However, there is no legislation implementing this provision, and Saudi Arabia only permits those with residence permits to apply for asylum—that is, the policy is not to grant refugee status to persons in the country illegally, including those who have overstayed a pilgrimage visa.[47]

    The UN High Commissioner for Refugees (UNHCR) operates in Saudi Arabia and the government permits UNHCR-recognized refugees to stay in the country temporarily until a durable solution is found for them. Refugees and asylum seekers are unable to work legally and access to basic services is reserved for citizens only.[48] In 2014, there were 561 refugees registered with UNHCR and 100 asylum seekers. Most asylum seekers were Iraqi nationals, although there were also some Syrians and Eritreans.[49]

    Trafficked persons. There have been reports concerning the detention of trafficked persons in Saudi Arabia, despite the country’s adoption of the 2009 Suppression of the Trafficking in Persons Act, which prohibits all forms of human trafficking, prescribes stringent punishments, and is intended to provide some protections for victims.[50]

    The U.S. State Department’s Trafficking in Persons Report (TIP Report) criticizes Saudi authorities for failing to implement procedures to systematically identify victims and reports that Saudi officials even admit that trafficking victims are sometimes detained and deported. According to the TIP Report, “officials continued to arrest, detain, and sometimes prosecute victims of trafficking for unlawful acts committed as a result of being trafficked. The Saudi government acknowledged that victims of trafficking may be detained and deported because of their irregular migration status in Saudi Arabia, as some police officers arrested and deported foreign workers for running away from their employers. Some government officials did not view runaway domestic workers as potential victims of trafficking. When domestic workers’ employers failed to claim them at the airport, passport officials in Najran province were required to hold them in a detention center with people who were charged with crimes or immigration violations.”[51]

    The TIP Report also highlights vulnerabilities that trafficking victims can face with respect to forced labour, stating that “the 2009 anti-trafficking law does not address the withholding of passports and exit visas as means of obtaining or maintaining a person's forced labour or service. … The government did not report efforts to enforce the Council of Ministers' decision prohibiting the confiscation of foreign workers' passports, residency permits, and the use of exit permits to control workers' movements; reports indicate that this practice continued to be widespread.”[52]

    According to the TIP Report, Saudi authorities made only limited efforts to tackle human trafficking, prosecuting “10 cases of forced labour, one case of forced begging, and two cases of sex trafficking under the anti-trafficking law during the reporting period.”[53] It also reported that the Saudi authorities failed to investigate allegations of abusive employers and that country diplomatic missions had difficulty accessing nationals held in detention.

    Minors. There is little information available concerning migration-related detention of minors in Saudi Arabia. However, as noted previously in this report, minors are often impacted during crackdowns on irregular migration and during large-scale deportation campaigns. In an interview with Migrant-Rights.org, International Labour Organization representative Aida Awel stated that over 8,500 of the Ethiopians deported from Saudi Arabia were children.[54] A statement by HRW concerning the deportation of Somalis in February 2014 also mentions that children were among those deported.[55] Additionally, based on testimonies from deported migrants, the Regional Mixed Migration Secretariat (RMMS) has reported that migrant children are detained “without prompt access to legal and other appropriate services, which violates the Convention on the Rights of the Child.[56]

    Foreign workers. The laws and regulations concerning foreign workers are notable for their insistence on attempting to control unauthorised labour and subjecting foreign workers to onerous conditions of employment, residence, and departure. Article 26 of the Residence Regulations states: “All patronees of His Majesty’s Government, companies, commercial houses, merchants, business houses, contractors and the like, shall not employ a foreigner unless he is carrying a residence permit or evidence (stamp) of work permit. All of them are instructed to notify Foreigners Control Office or its substitute of security authorities upon any foreigner’s departure of his work or absence for two days without reasons.”

    Saudi Arabia has been heavily criticized for its treatment of foreign workers and the abuses that some receive at the hands of employers. Like other countries of the Gulf Cooperation Council (GCC), Saudi Arabia’s labour migration policy is based on a sponsorship scheme that ties a worker’s status in the country to a specific sponsor, whose written consent is required before the worker can change jobs or leave the country.

    A foreign worker cannot change his or her sponsor or job unless a release from the sponsor is issued, along with a new sponsorship form from a new employer, and an approval from the authorities within both the Foreigners Control Office and the Labour Department.[57] The sponsor can either be an individual or a governmental or private institution. As soon as the labour contract is no longer in place, the visa automatically becomes invalid and the worker has to leave the country. The kafala sponsorship scheme has been criticized for the immense power that it gives to employers and described as a form of modern-day slavery.

    Domestic workers are also covered by the sponsorship scheme, and require the sponsor’s approval to exit the country legally. Consequently, domestic workers who flee their employers are vulnerable to detention and deportation. Until 2013, domestic workers were excluded from labour laws, which theoretically provide protections to other workers. However, in July 2013, the country adopted specific regulations concerning domestic workers, providing obligations for both employers and employees.[58] According to the 2015 U.S. State Department TIP Report, “in November 2014, the government announced workers who fled their employers would not be jailed or forced to return to their employers to obtain an exit visa, provided the workers cooperated with their respective embassies within a 72-hour period and had no criminal charges or outstanding fines against them.”[59]

    Although many of the problems faced by domestic workers in Saudi Arabia mirror those in other countries of the region, female domestic workers face particularly repressive conditions. A 2008 report by HRW highlighted how women face restrictions on dress, movement, mixing with opposite gender, as well as the free exercise of religion. In addition, all domestic workers—both men and women—are often faced with excessive labour, confinement in the house, confiscation of passports, withholding of wages, and threats and occasional use of verbal, psychological, physical and sexual violence. According to HRW, every domestic worker they interviewed stated that the employer kept her passport.[60] Approximately a quarter of the workers interviewed claimed that their employers confined them in the home, locking the door from outside if they left the worker home alone.[61]

    Domestic workers also are exceedingly vulnerable to criminal prosecution. Although allegations of theft, often made by sponsors/employers to counter the worker’s complaints or allegations of abuse, are common in Saudi Arabia (as in the other Gulf countries), there have also been high profile cases of workers charged other offenses, including witchcraft, immoral conduct, adultery, and fornication. Some of these offenses are punishable by death, and in the meanwhile, the accused migrants languish within a justice system where they are likely to experience “uneven or severely delayed access to interpretation, legal aid, and access to their consulates.”[62] According to one report, officials from many sending countries have claimed that they are not made aware of arrests or criminal proceedings until several months after they have taken place, often when it is too late to intercede with legal assistance.[63]

    Residence and nationality. Saudi Arabia imposes strict regulations where residency and nationality are concerned. Pursuant to Articles 2 and 3 of the Residence Regulations, all foreigners entering Saudi Arabia must have valid passports and visas, and enter/exit the country through valid ports of entry/exit. Failing to comply with this results in penalties (mentioned above). Further, Article 5 of the Residence Regulations requires foreigners entering Saudi Arabia to provide detailed information about themselves, and to submit finger prints (within three days of arrival) and the name of a sponsor/guarantor in case of deportation, who shall “pay an amount of money equivalent to the costs of his return to the place where his last visa was issued.” Article 14 requires foreigners wishing to leave Saudi Arabia to submit their documents, including their residency permit to the “Foreigners Control Office” where their passport will be stamped, indicating that they must leave within a certain period.

    Article 18 stipulates that foreigners permitted to “enter, pass by, move within or reside in the country” may not be “undesirable on religious, moral, or political grounds.” And, under Article 24, foreigners are required to submit, upon request, passport and identity documents to authorities or appear at the Foreigners Control Office whenever required.

    Article 32 of the Residence Regulations provides: “Residence permit shall not be granted to a foreigner except after six months of his entry to the Kingdom, during which he will be under surveillance of foreigners’ control authority to ensure that he has legitimate reasons for residence.” Article 33 gives the Ministry of Interior the right to withdraw a foreigner’s residence permit and instruct him to leave the country “at any time and without mentioning any reasons.” Finally, the duration of the residence permit is limited to one year, though it is renewable.

    Access to detainees and monitoring. Access to detention facilities by lawyers and international organizations is severely restricted. This is particularly the case for outside organizations, which often have difficulty obtaining visas to enter the country. For instance, an International Committee of the Red Cross (ICRC) delegate informed the GDP that Saudi Arabia is not one of the countries where they have access to detention facilities.[64]

    In 1989, a Ministry of Interior mechanism was created and tasked with “Monitoring and inspection of prisons, detention centers and any places where criminal sentences are executed, as well as hearing complaints of prisoners and detainees, insuring the legality of their imprisonment or detention.”[65] The Bureau of Investigation and Public Prosecution is attached to the Ministry of Interior and is also tasked with investigating crimes and prosecuting cases. HRW reported that the Bureau was only established in 1995 and that “practice bears out the Bureau’s lack of independence”.[66]  The GDP has not come across information indicating whether the Bureau has carried out visits to places of detention, including immigration detention.

    The U.S. State Department has reported that consular missions sometimes face challenges in accessing nationals in detention facilities.[67] Its Country Reports on Human Rights Practices mentions that no independent human rights observers or NGOs were able to visit prisons or detention centres; only the governmental Human Rights Commission and the National Society for Human Rights were allowed access to monitor detention conditions.[68] Following a 2002 Mission to Saudi Arabia, the UN Special Rapporteur on the Independence of Judges and Lawyers already recommended that “When an accused person is arrested, he should be informed of his rights and provided with an opportunity to contact a lawyer. In the case of a foreign national, he should be informed of his right to seek consular assistance and provided with an opportunity to do so.”[69]

    NGOs and many humanitarian agencies researching migrants issues in Saudi Arabia have had to rely on interviews with individuals following their deportation from the country. For example, RMMS states in a 2014 report on migration policy in Saudi Arabia that they were prevented from traveling to Saudi Arabia to conduct interviews.[70] The HRW’s researcher for Saudi Arabia also confirmed that the organisation has been unable to secure a visa for research purposes.[71] The GDP was unable to establish to what extent UNHCR representatives are able access detention facilities.

    The lack of access to detainees makes independent monitoring of immigration detention in Saudi Arabia a practical impossibility. According to RMMS, “The last prison visit conducted by an independent human rights organization was a 2006 visit by Human Rights Watch. The government does however permit the governmental Human Rights Commission (HRC) and the quasi-nongovernmental National Society for Human Rights (NSHR) to monitor prison conditions. In 2013, the NSHR brought deficiencies regarding health care to the attention of the Ministry of Interior.”[72] As described above, Saudi Arabia has consistently left requests for visits by international human rights mechanisms unanswered for a decade.

     

    Detention Infrastructure

    The GDP has been unable to get adequate information to develop a comprehensive map of facilities in Saudi Arabia. Based on available information, it appears that the country detains migrants in a range of facilities, including dedicated immigration detention facilities, which are referred to as “deportation centres” (and also sometimes “shelters”); prisons and police stations; as well as dozens of ad hoc or makeshift facilities.

    Generally, it appears that foreigners who are only in deportation proceedings are held in the deportation centres while those who have committed petty crimes or violated their work permits are held in general detention centres or jails, although it is not always clear if these practices are strictly applied.[73]

    Recent press reports and interviews with activists who assist detainees indicate that there are at least three dedicated facilities (“deportation centres”), one in Jeddah and two in Riyadh (one of which is used exclusively for women). There were already media reports in the mid-2000s stating that migrants were being held at “deportation centres” in Jeddah and Riyadh.[74] One source told the GDP that he is “quite certain” that there are additional deportation facilities “in other cities like Al Khobar and Dhamman in the Eastern region.”[75] A 2011 “socio-legal” study about domestic workers in Saudi Arabia and the Emirates reported that “governmental shelters” in Riyadh, Jeddah, and Dhamman were commonly referred to as “deportation centres” by domestic workers interviewed for the study.[76]

    Press reports have variously identified the Jeddah deportation centre as the Al-Shumaisi Detention Centre,[77] the Tarhil Immigration Detention Center,[78] and Tarhil-Shumaysi[79] (“tarhil” is a transliteration of the Arabic word for “deportation”). Based on these reports, it appears that this facility is located between Jeddah and Mecca. This was corroborated by an activist in Saudi Arabia who told the GDP that the facility is located between the city of Jeddah and the municipality of Mecca.[80]

    This same source told the GDP that there are two dedicated facilities in Riyadh, the women-only facility located at “Exit 6, Riyadh City” as well as another facility, which is generally referred to using a similar name as that used for the facility in Jeddah, the Shimeisi Deportation Centre.[81]

    In addition, there have been multiple reports discussing the detention of migrants in Jeddah’s Briman (or Buraiman) Prison,[82] with one report—dating back to 2005—indicating that this prison at one time included a “deportation centre.”[83]

    Because of the at times unclear legal status of people awaiting deportation in detention centres (are they in criminal incarceration or a form of administrative detention awaiting deportation?) as well as the lack of clarity in media reports concerning how these centres operate, it is difficult to characterize many of these facilities with any degree of confidence. However, due to the sheer number and variety of recent press reports attesting to the deportation operations of the Tarhil/Shumaysi facility in the Mecca-Jeddah area, the GDP has opted to code this facility as a dedicated immigration detention site. On the other hand, even though there are various recent sources discussing the detention of migrants in Jeddah’s Briman Prison, we have found only one report, which dates back many years, that states that this facility includes a deportation centre, while the more recent reports all appear to indicate that non-citizens awaiting deportation have been criminally prosecuted. Thus, we have opted to code Briman as a prison.

    In addition to these facilities, press reports and NGO publications indicate that Saudi Arabia uses a large network of ad hoc or makeshift facilities for immigration detention purposes, particularly as part of the country’s massive deportation campaigns. For instance, one news article reports that 1,000 Filipinos are being confined in “makeshift tents outside the Filipino embassy in Jeddah.”[84] According to a 2015 HRW report, Saudi authorities “did not anticipate the number of undocumented migrants who decided to turn themselves in voluntarily when the official campaign of detaining and deporting undocumented migrants resumed in November 2013, and this caused them to confine many undocumented migrants in ad hoc detention facilities. An Ethiopian official in Sanaa told HRW on November 26 [2014]: ‘I’m not sure Saudi Arabia was fully prepared for this.’”[85] The Ethiopian government also reportedly told the IOM that as of late 2013 there were 64 facilities in Saudi Arabia confining undocumented Ethiopian migrants.[86]

    A researcher who spoke to a number of Ethiopian migrants following their deportation received reports of people being held in various ad hoc sites in Manfouha during late 2013, including a wedding hall and university campus.[87]

    An RMMS report on Saudi migration policy cites an interview with a migrant in Yemen in November 2013 who had been held, along with 500 other migrants, in a “secret” detention centre near the city of Jizan (near the border with Yemen).[88]

    While these reports appear to point to on-going and large-scale detention in various parts of the country, the lack of additional corroborating information about the locations and durations of use of these sites makes it impossible to accurately code them or to know if they continue to be used.

    Conditions of detention. The U.S. State Department’s 2014 Country Reports on Human Rights Practices on Saudi Arabia makes reference to detention conditions, generally, citing a report by the National Society for Human Rights, who, after visiting 16 jails across the kingdom reported that there is overcrowding, with most jails operating at double their capacities. Their report specifically mentions the women's section of the Deportation and Detention Center in Jeddah as being the worst. Concerns regarding detention conditions raised in the report included improperly trained wardens, lack of access to prompt medical treatment, holding prisoners beyond the end of sentences and failure to inform prisoners of their rights.[89]

    Following the expulsion of thousands of Somalis in February 2014, HRW researchers in Mogadishu interviewed nine deportees who “spoke of severe overcrowding, little air or daylight, poor sanitary facilities, sweltering heat in some cases and cold in others, and limited access to medical assistance. Some said they had developed chronic health problems, including persistent coughing, as a result of their time in custody. Children are sometimes detained with their relatives but some have also been separated from their parents or caregivers.”[90]

    One of the individuals interviewed, Mohammed, who surrendered to the police on his own after losing his job told HRW researchers that he spent 57 days detained: “In the first detention center in Riyadh, there was so little food, we fought over it,” he said. “So the strongest ate the most. Guards told us to face the wall and then beat our backs with metal rods. In the second place, there were two toilets for 1,200 people, including dozens of children.”[91] 

    Another woman interviewed, Saladu, 35, who was detained in Jeddah with her two children, 7 and 9, and her sister’s three children before deportation described the conditions as follows: “The room we stayed in with 150 other women and children was extremely hot and there was no air conditioning,” she said. “The children were sick. My son was vomiting and his stomach was very bloated. There were no mattresses. People just slept on the floor.”[92]

    Another interviewee, Razia, a 45 year-old woman who was detained for three months with her daughter also told the researchers: “There were a lot of people in the room, some little children…You would have to fight to get your space.”[93]

    The GDP’s source in Saudi Arabia confirmed reports of overcrowding, poor and inadequate bedding and food at detention facilities during the crackdown, due to the high volume of migrants being detained prior to be deported. He estimates that some 30,000 Filipinos may have been deported during the crackdown (he has sought the exact number from the Philippines Embassy, but did not receive a response).[94]

     

    [1] Agence France-Presse (AFP), “Illegal migrant dies in Saudi detention centre unrest,” AFP, 3 March 2014,

    http://www.globalpost.com/dispatch/news/afp/140303/illegal-migrant-dies-saudi-detention-centre-unrest.

    [2] Arab News, “SR1 million spent daily to shelter illegal Ethiopians,” 16 November 2013, http://www.arabnews.com/news/478286.

    [3] Two recent reports discussing immigration detention in Saudi Arabia are: Human Rights Watch, “Detained, Beaten, Deported: Saudi Abuses against Migrants during Mass Expulsions,” May 2015; and Regional Mixed Migration Network, “Behind Bars: The Detention of Migrants in and from the East & Horn of Africa,” February 2015.

    [4] Arab News, "Deportees Face Harsh Conditions," April 6, 2005, http://www.arabnews.com/node/264924; Human Rights Watch, Bad Dreams: Exploitation and Abuse of Migrant Workers in Saudi Arabia, Vol. 16, No. 5(E), July 2004.

    [5] Because of the sensitivity of this issue in Saudi Arabia and the vulnerability faced by migrants in the country, the source asked to remain anonymous. Undisclosed source, multiple telephone interviews and email exchanges with Parastou Hassouri and Michael Flynn (Global Detention Project), between February 2014 and October 2015.

    [6] Migration Policy Institute, Top 25 Destination Countries for Global Migrants over Time, 2013, http://www.migrationpolicy.org/programs/data-hub/charts/top-25-destination-countries-global-migrants-over-time.

    [7] Rakee Thimothy & S.K. Sasikumar, “Migration of Women Workers from South Asia to the Gulf,” V.V. Giri National Labour Institute and UN Women, 2012, http://www.ucis.pitt.edu/global/sites/www.ucis.pitt.edu.global/files/migration_women_southasia_gulf.pdf.

    [8] UN Department of Economic and Social Affairs, http://esa.un.org/migration/. See also, Rakee Thimothy & S.K. Sasikumar, “Migration of Women Workers from South Asia to the Gulf,” V.V. Giri National Labour Institute and UN Women, 2012, http://www.ucis.pitt.edu/global/sites/www.ucis.pitt.edu.global/files/migration_women_southasia_gulf.pdf.

    [9] Rakee Thimothy & S.K. Sasikumar, “Migration of Women Workers from South Asia to the Gulf,” V.V. Giri National Labour Institute and UN Women, 2012, http://www.ucis.pitt.edu/global/sites/www.ucis.pitt.edu.global/files/migration_women_southasia_gulf.pdf.

    [10] Ibid.

    [11] Françoise De Bel-Air, “Demography, Migration, and Labour Market in Saudi Arabia,” Gulf Labor Markets and Migration, GLMM - EN - No. 1/2014, 2014, http://gulfmigration.eu/media/pubs/exno/GLMM_EN_2014_01.pdf.

    [13] Undisclosed Source, Telephone Interview with Parastou Hassouri (Global Detention Project), 18 February 2014.

    [14] NEOnline, “Why Saudi Arabia won’t take any more Syrian refugees,” 16 September 2015, http://neurope.eu/article/ioc-four-european-bids-against-one-from-the-us/.

    [15] Cited in NEOnline, “Why Saudi Arabia won’t take any more Syrian refugees,” 16 September 2015, http://neurope.eu/article/ioc-four-european-bids-against-one-from-the-us/.

    [16] See, for instance, Heather E. Murray, “Hope for Reform Springs Eternal: How the Sponsorship System, Domestic Laws and Traditional Customs Fail to Protect Migrant Domestic Workers in GCC Countries,” Cornell International Law Journal, Vol. 45, 2012, Pages 461-485; U.S. State Department, 2013 Trafficking in Persons Report - Saudi Arabia, 19 June 2013, available at: http://www.refworld.org/docid/51c2f39318.html.

    [17] Rakee Thimothy & S.K. Sasikumar, “Migration of Women Workers from South Asia to the Gulf,” V.V. Giri National Labour Institute and UN Women, 2012, http://www.ucis.pitt.edu/global/sites/www.ucis.pitt.edu.global/files/migration_women_southasia_gulf.pdf.

    [18] Amnesty International, Amnesty International Report 2014/2015: Kingdom of Saudi Arabia,” https://www.amnesty.org/en/countries/middle-east-and-north-africa/saudi-arabia/report-saudi-arabia/.

    [19] Glen Carey, “Saudi Arabia tackles illegal labor in job creation push,” Bloomberg News, 4 April 2013, http://www.bloomberg.com/news/2013-04-04/saudi-arabia-tackles-illegal-labor-in-job-creation-push.html.

    [20] U.S. State Department, 2014 Country Reports on Human Rights Practices – Saudi Arabia.

    [21] International Organisation for Migration, “Yemeni migrants returned from Saudi Arabia through the Border Crossing Point of Al Tuwal, Hajjah – November 2014 Update,” http://www.iom.int/files/live/sites/iom/files/Country/docs/2014-12-01-Yemeni-Migrant-Snapshot.pdf. Based on the numbers of deporations reported in this study, a conservative estaimte of the number of people placed in immigration-related detention during 2013 in Saudi Arabia would be approximately 250,000.

    [22] Françoise De Bel-Air, “Demography, Migration, and Labour Market in Saudi Arabia,” Gulf Labor Markets and Migration, GLMM - EN - No. 1/2014, 2014, http://gulfmigration.eu/media/pubs/exno/GLMM_EN_2014_01.pdf.

    [23] Mansour Al-Shahri, “Amnesty ends; all-out raid begins,” Saudi Gazette, 4 November 2013, http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentid=20131104185678.

    [24] Agence France Presse, “OFWs allege abuse in Saudi immigration crackdown,” 4 November 2013, http://globalnation.inquirer.net/89537/ofws-allege-abuse-in-saudi-immigration-crackdown.

    [25] Ellen Knickmeyer, “Saudi crackdown on workers turns violent,” Wall Street Journal, 10 November 2013 http://online.wsj.com/news/articles/SB10001424052702303309504579188832147386314.

    [26] Human Rights Watch, “Saudi Arabia: labor crackdown violence,” 1 December 2013, http://www.hrw.org/news/2013/11/30/saudi-arabia-labor-crackdown-violence.

    [27] U.S. State Department, “U.S. Department of State: additional contribution to International Organization for Migration emergency assistance to vulnerable Ethiopian migrants,” 16 January 2014, http://www.state.gov/r/pa/prs/ps/2014/01/219927.htm.

    [28] Migrant-Rights.org, “Interview: the ILO’s Aida Awel on the future of Ethiopia’s 160,000 returning migrants,” 10 April 2014, http://www.migrant-rights.org/2014/04/interview-the-ilos-aida-awel-on-the-future-of-ethiopias-160000-returning-migrants/.

    [29] Human Rights Watch, “Saudi Arabia: labor crackdown violence,” 1 December 2013, http://www.hrw.org/news/2013/11/30/saudi-arabia-labor-crackdown-violence.

    [30] International Organization for Migration, Situation Report 10: IOM Somalia Returns, 11 July – 14 August 2014; Human Rights Watch, “Saudi Arabia: 12,000 Somalis expelled,” 18 February 2014, http://www.hrw.org/news/2014/02/18/saudi-arabia-12000-somalis-expelled.

    [31] Human Rights Watch, “Saudi Arabia: 12,000 Somalis expelled,” 18 February 2014, http://www.hrw.org/news/2014/02/18/saudi-arabia-12000-somalis-expelled.

    [32] BBC, “Yemen says Saudis will stop fence,” 18 February 2004, http://news.bbc.co.uk/2/hi/middle_east/3495533.stm.

    [33] BBC, “Saudi Arabia builds giant Yemen border fence,” 9 April 2013, http://www.bbc.com/news/world-middle-east-22086231.

    [34] Ian Black, “Saudi Arabia expels thousands of Yemeni workers,” The Guardian, 2 April 2013, http://www.theguardian.com/world/2013/apr/02/saudi-arabia-expels-yemeni-workers.

    [36] Law of Criminal Procedure, Royal Decree No.(M/39), 28 Rajab 1422 [16 October 2001] Umm al-Qura No.(3867), 17 Sha'ban 1422 [3 November 2001], https://www.saudiembassy.net/about/country-information/laws/CriminalProcedures2001-1of3.aspx.

    [37] U.S. State Department, 2012 Country Reports on Human Rights Practices – Saudi Arabia, 19 April 2013, available at: http://www.refworld.org/docid/517e6de0c.html.

    [39] LABOR LAW, Royal Decree No. M/51 23 Sha'ban 1426 / 27 September 2005, First Edition 2006.

    [40] UN High Commissioner for Human Rights, Letter to the Government of the Kingdom of Saudi Arabia concerning the detention of Ethiopain Migrants, 14 February 2012, https://spdb.ohchr.org/hrdb/20th/UA_Saudi_Arabia_14.02.2012_(2.2012)p.pdf.

    [41] For example, a 2014 medical research article discussing the frequency of chlamydia infections among female inmates at Briman Prison describes the participants in the study thusly: “Among the participants, 58.5% were convicted for prostitution, 10.2% for illegal immigration, 6.8% were convicted for wine trading, and the rest were convicted for forgery, theft, begging, etc.”Wafa Fageeh et al, “Chlamydia trachomatis infection among female inmates at Briman prison in Saudi Arabia,” BMC Public Health, 20 March 2014, http://www.biomedcentral.com/1471-2458/14/267. Interestingly, the study highlighted the overwhelmingly high proportion of foreign inmates in the prison: “Two out of five (2/5, 40%) Yamani, (4/33 12.1%) Indonesian, (3/33, 9.1%) Somalian and (2/26, 7.7%) Ethiopian inmates were positive for infection. None of the Saudi inmates (0/14) were positive for infection.”

    [42] The Saudi Arabian Labour Statute (Law), promulgated by the Royal Decree No. M/51 dated 23.08.1426 A.H. corresponding to 27.09.2005 G, published in the official gazette “Um el Qurah” No. 4068 DATED 25.09.1426 A.H. corresponding to 28.10.2005, in force as of 29.03.1427 A.H. corresponding to 27.04.2006 G as amended, In lex arabiae an in-house magazine of Meyer-Reumann & Partners, http://lexarabiae.meyer-reumann.com/issues/2013-2/vol-xvii-issue-2-apr-2013-articles/new-amendments-to-the-saudi-labour-law-with-a-view-of-reducing-the-expatriates-working-unofficially/#_ftn1.

    [43] Undisclosed Source (activist in Saudi Arabia), Telephone Interview with Parastou Hassouri (Global Detention Project), 18 February 2014.

    [44] Undisclosed Source, Email Correspondence with Michael Flynn (Global Detention Project), 15-16 September 2015.

    [45] Ibid.

    [46] The Basic Law of Government, issued by royal decree in March 1992, serves as the constitutional framework (Saudi Arabia has no formal constitution) and is based on the Qur’an and the life and tradition of the Prophet Mohammed. It is a constitution-like charter divided into nine chapters, consisting of 83 articles. It is in accordance with the Salafi understanding of Sharia and does not override Islamic laws. It sets out the general principles on which the Kingdom of Saudi Arabia is founded.

    [47] U.S. State Department, 2012 Country Reports on Human Rights Practices – Saudi Arabia, 19 April 2013, http://www.refworld.org/docid/517e6de0c.html.

    [48] Ibid.

    [49]United Nations High Commissioner for Refugees, Saudi Arabia – 2’15 UNHCR subregional operations profile – Middle East, http://www.unhcr.org/cgi-bin/texis/vtx/page?page=49e486976&submit=GO.

    [50] U.S. State Department, 2013 Trafficking in Persons Report – Saudi Arabia, 19 June 2013, http://www.refworld.org/docid/51c2f39318.html.

    [51] Ibid.

    [52] Ibid.

    [53] Ibid.

    [54] Migrant Rights, “Interview: the ILO’s Aida Awel on the future of Ethiopia’s 160,000 returning migrants,” 10 April 2014, http://www.migrant-rights.org/2014/04/interview-the-ilos-aida-awel-on-the-future-of-ethiopias-160000-returning-migrants/.

    [55] Human Rights Watch, “Saudi Arabia: 12,000 Somalis expelled,” 18 February 2014, http://www.hrw.org/news/2014/02/18/saudi-arabia-12000-somalis-expelled.

    [56] Regional Mixed Migration Network, “Behind Bars: The Detention of Migrants in and from the East & Horn of Africa,” February 2015.

    [57] A. Khalifa, Migration Profiles 2012: Kingdom of Saudi Arabia. Cairo: Center for Migration and Refugee Studies, The American University in Cairo, 2012.

    [58] Saudi Arabia: Decision No. 310 of 1434 on Domestic Workers, Available at: http://gulfmigration.eu/decision-no-310-of-1434-on-domestic-workers/.

    [59] U.S. State Department, 2015 Trafficking in Persons Report – Saudi Arabia, http://www.state.gov/j/tip/rls/tiprpt/2015/index.htm.

    [60] Human Rights Watch, “As if I am not Human: Abuses against Asian Domestic Workers in Saudi Arabia,” 8 July 2008, http://www.hrw.org/sites/default/files/reports/saudiarabia0708_1.pdf.

    [61] Ibid.

    [62] Ibid.

    [63] Ibid.

    [64] Yazan Khalalileh, ICRC Detention Delegate, Email exchange with Parastou Hassouri (Global Detention Project), 23 March 2014.

    [65] Law and Regulations of the Bureau of Investigation and Public Prosecution, Royal Decree No. M/56, 24 Shawwal 1409 (29 May 1989), Umm al-Qura No. 3264, 20 Dhu al-Qadah 1409H, Article 3. https://www.saudiembassy.net/about/country-information/laws/Bureau_of_investigation_and_prosecution.aspx.

    [66] Human Rights Watch, “Precarious Justice - Arbitrary Detention and Unfair Trials in the Deficient Criminal Justice System of Saudi Arabia,” 24 March 2008, https://www.hrw.org/report/2008/03/24/precarious-justice/arbitrary-detention-and-unfair-trials-deficient-criminal.

    [67] U.S. State Department, 2013 Trafficking in Persons Report – Saudi Arabia, 19 June 2013, http://www.refworld.org/docid/51c2f39318.html.

    [68] U.S. State Department, 2012 Country Reports on Human Rights Practices – Saudi Arabia, 19 April 2013, http://www.refworld.org/docid/517e6de0c.html.

    [69] Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy, Report on the Mission to the Kingdom of Saudi Arabia(20-27 October 2002), United Nations, E/CN.4/2003/65/Add.3, 14 January 2003, 111 ( c ), http://www.ohchr.org/EN/Issues/Judiciary/Pages/Visits.aspx.

    [70] Regional Mixed Migration Secretariat, “The Letter of the Law: regular and irregular migration in Saudi Arabia in a context of rapid change,” April 2014, http://www.regionalmms.org/fileadmin/content/rmms_publications/RMMS_Letter_of_the_Law_-_Saudi_Arabia_report.pdf.

    [71] Adam Coogle, Human Rights Watch, Skype Conversation with Parastou Hassouri (Global Detention Project), 13 October 2013.

    [72] Regional Mixed Migration Network, “Behind Bars: The Detention of Migrants in and from the East & Horn of Africa,” February 2015.

    [73] Undisclosed Source, Email Correspondence with Michael Flynn (Global Detention Project), 15-16 September 2015.

    [74] AsiaNews.It, "Religious Freedom in Saudi Arabia Causes Concern," AsiaNews.it, http://www.asianews.it/index.php?l=en&art=4582; Abhraham, Priya. "Saudi Arabia: The Bush Administration Grants Diplomatic Waivers to its Kingpin Arab Ally While Evidence of Religious Oppression Grows," World Magazine, November 19, 2005.

    [75] Undisclosed Source (activist in Saudi Arabia), Email Correspondence with Michael Flynn (Global Detention Project), 16-17 September 2015.

    [76] Antoinette Vlieger, Domestic Workers in Saudi Arabia and the Emirates: A Socio-Legal Study on Conflicts, Quid Pro Books (Human Rights and Culture Series): New Orleans, 2011.

    [77] Al Jazeera, "Migrant dies in Saudi detention centre riot," 3 March 2014, http://www.aljazeera.com/news/middleeast/2014/03/migrant-dies-saudi-detention-centre-riot-201433135930166393.html; Agence France-Presse (AFP), “Illegal migrant dies in Saudi detention centre unrest,” AFP, 3 March 2014, http://www.globalpost.com/dispatch/news/afp/140303/illegal-migrant-dies-saudi-detention-centre-unrest.

    [78] Republika Online (Indonesia), “Saudi promises to repatriate Indonesian overstayers,” 16 January 2014, http://www.republika.co.id/berita/en/national-politics/14/01/16/mzgdbq-saudi-promises-to-repatriate-indonesian-overstayers.

    [79] Ibid.

    [80] Undisclosed Source (activist in Saudi Arabia), Email Correspondence with Michael Flynn (Global Detention Project), 16-17 September 2015.

    [81] Ibid.

    [82] Human Rights Watch, “Detained, Beaten, Deported: Saudi Absues against Migrants during Mass Expulsions," 10 May 2015; UN High Commissioner for Human Rights, Letter to the Government of the Kingdom of Saudi Arabia concerning the detention of Ethiopain Migrants, 14 February 2012. https://spdb.ohchr.org/hrdb/20th/UA_Saudi_Arabia_14.02.2012_(2.2012)p.pdf; Wafa Fageeh et al, “Chlamydia trachomatis infection among female inmates at Briman prison in Saudi Arabia,” BMC Public Health, 20 March 2014, http://www.biomedcentral.com/1471-2458/14/267.

    [83] Arab News, "Deportees Face Harsh Conditions," April 6, 2005, http://www.arabnews.com/node/264924

    [84] Estrella Torres, “Filipino workers in ‘Saudisation’ Fallout,” Equal Times, 20 January 2014, http://www.equaltimes.org/filipino-workers-deported-in?lang=en#.U4c1F_mSzKB.

    [85] Human Rights Watch, “Detained, Beaten, Deported: Saudi Absues against Migrants during Mass Expulsions," 10 May 2015.

    [86] Cited in Regional Mixed Migration Secretariat, "Behinds Bars: The Detention of Migrants in and from the East and Horn of Africa," February 2015.

    [87] Human Rights Watch, “Saudi Arabia: Labor Crackdown Violence,” 30 November 2013, https://www.hrw.org/news/2013/11/30/saudi-arabia-labor-crackdown-violence.

    [88] Regional Mixed Migration Secretariat, “The Letter of the Law: regular and irregular migration in Saudi Arabia in a context of rapid change,” April 2014.

    [89] U.S. State Department, 2014 Country Reports on Human Rights Practices – Saudi Arabia.

    [90] Human Rights Watch, “Saudi’s Mass Expulsions Putting Somalis in Danger,” 18 March 2014, http://www.hrw.org/news/2014/03/18/saudis-mass-expulsions-putting-somalis-danger.

    [91] Ibid.

    [92] Ibid.

    [93] Ibid.

    [94] Undisclosed Source (activist in Saudi Arabia), Telephone Interview with Parastou Hassouri (Global Detention Project), 18 February 2014.

    DETENTION STATISTICS

    Migration Detainee Entries
    1,996,069
    2018
    301,314
    2017
    250,000
    2013
    Alternative Total Migration Detainees
    Not Available
    2020
    Reported Detainee Population (Day)
    17,030 (25) May 2024
    2024
    16,466 (18) September 2021
    2021
    13,569 (21) December 2018
    2018
    Average Daily Detainee Population (year)
    Not Available
    2021
    Not Available
    2020
    Immigration Detainees as Percentage of Total Migrant population (Year)
    Not Available
    2021
    Not Available
    2020
    16
    2018

    DETAINEE DATA

    Countries of Origin (Year)
    Ethiopia
    2023
    2021
    Ethiopia (Yemen)
    2021
    Pakistan (Egypt) Ethiopia India
    2017
    Number of Asylum Seekers Placed in Immigration Detention (Year)
    0
    2021
    0
    2020
    0
    2017
    Number of Women Placed in Immigration Detention (year)
    0
    2021
    0
    2020
    Total Number of Children Placed in Immigration Detention (Year)
    0
    2021
    0
    2020
    0
    2017
    Number of Unaccompanied Children Placed in Immigration Detention (Year)
    0
    2021
    0
    2020
    0
    2017
    Number of Accompanied Children Placed in Immigration Detention (Year)
    0
    2021
    0
    2020
    0
    2017
    Number of Stateless Persons Placed in Immigration Detention (Year)
    0
    2021
    0
    2020
    0
    2017
    Number of Deaths in Immigration Custody (year)
    10
    2021
    0
    2020
    Cases of Self-Harming and Suicide Attempts in Immigration Custody (Year)
    0
    2021
    0
    2020

    DETENTION CAPACITY

    Total Immigration Detention Capacity
    0
    2022
    0
    2021
    0
    2017
    Immigration Detention Capacity (Specialised Immigration Facilities Only)
    0
    2022
    0
    2021
    0
    2017
    Number of Dedicated Immigration Detention Centres
    0
    2022
    0
    2017

    ALTERNATIVES TO DETENTION

    Number of Detainees Referred to ATDs (Year)
    0
    2021
    758,570
    2017
    Official ATD Absconder Rate (Percentage)(Year)
    0
    2021
    0
    2020
    Number of People in ATDs on Given Day
    0
    2022
    0
    2020

    ADDITIONAL ENFORCEMENT DATA

    Percentage of Detainees Released (year)
    0
    2021
    0
    2020
    Percentage of Detainees Deported (year)
    0
    2021
    0
    2020
    Number of Deportations/Forced Removals (Year)
    109,400
    2023
    0
    2021
    136,000
    2018
    0
    2017
    Number of Voluntary Returns & Deportations (Year)
    178,000
    2020
    525,871
    2018
    Percentage of Removals v. Total Removal Orders (Year)
    2021
    80.25
    2018
    Number of People Refused Entry (Year)
    0
    2021
    0
    2020
    Number of Apprehensions of Non-Citizens (Year)
    0
    2021
    1,996,069
    2018

    PRISON DATA

    Criminal Prison Population (Year)
    0
    2021
    66,197
    2018
    47,000
    2013
    Percentage of Foreign Prisoners (Year)
    2021
    48
    2018
    72
    2009
    Prison Population Rate (per 100,000 of National Population)
    0
    2021
    197
    2020
    198
    2018
    161
    2013

    POPULATION DATA

    Population (Year)
    32,175,224
    2022
    30,784,383
    2021
    31,552,510
    2020
    30,196,281
    2018
    28,309,273
    2014
    23,978,487
    2010
    International Migrants (Year)
    13,400,000
    2022
    13,454,842
    2020
    13,122,338
    2019
    12,645,033
    2018
    10,185,900
    2015
    9,060,400
    2013
    7,288,900
    2010
    8,024,885
    2006
    International Migrants as Percentage of Population (Year)
    41.6
    2022
    38.6
    2020
    37.84
    2018
    32.3
    2015
    32
    2013
    27
    2010
    Estimated Undocumented Population (Year)
    Not Available (Not Available)
    2021
    Not Available (Not Available)
    2020
    Not Available (Not Available)
    2017
    Refugees (Year)
    473
    2023
    333
    2021
    340
    2020
    315
    2019
    266
    2018
    155
    2017
    136
    2016
    125
    2015
    561
    2014
    Ratio of Refugees Per 1000 Inhabitants (Year)
    0.01
    2023
    0.01
    2021
    0.01
    2020
    0
    2017
    0.02
    2014
    0.02
    2013
    Asylum Applications (Year)
    3,937
    2023
    9,434
    2020
    266
    2019
    50
    2017
    35
    2016
    12
    2014
    22
    2013
    Number of People Granted Temporary Protection Status (Year)
    Not Available
    2021
    Not Available
    2020
    Refugee Recognition Rate (Year)
    Not Available
    2021
    100
    2015
    100
    2013
    Stateless Persons (Year)
    70,000
    2023
    70,000
    2021
    70,000
    2020
    70,000
    2017
    70,000
    2016
    70,000
    2015
    70,000
    2014

    SOCIO-ECONOMIC DATA & POLLS

    Gross Domestic Product per Capita (in USD)
    129,203
    2022
    23,585.9
    2021
    20,110.3
    2020
    20,760.91
    2017
    24,161
    2014
    Remittances to the Country (in USD)
    282
    2023
    0
    2022
    302
    2020
    291
    2017
    272
    2014
    Remittances From the Country (in USD)
    39,349
    2022
    0
    2022
    34,596
    2020
    36,119
    2017
    Unemployment Rate
    5
    2023
    7
    2021
    8
    2020
    2017
    2014
    Unemployment Rate Amongst Migrants
    2021
    2020
    Net Official Development Assistance (ODA) (in Millions USD)
    2.1
    2021
    0
    2017
    Human Development Index Ranking (UNDP)
    40 (Very high)
    2022
    35 (Very high)
    2021
    40 (Very high)
    2020
    39 (Very high)
    2015
    Integration Index Score
    2022
    2020
    World Bank Rule of Law Index
    58 (0.3)
    2022
    58 (0.5)
    2021
    60 (0.2)
    2020
    59 (0.17)
    2019
    67 (0.47)
    2016
    Domestic Opinion Polls on Immigration
    2022
    2021
    Pew Global Attitudes Poll on Immigration
    2022
    2020

    LEGAL & REGULATORY FRAMEWORK

    Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
    Yes
    2023
    Does the Country Have Specific Laws that Provide for Migration-Related Detention?
    Yes
    2023
    Detention-Related Legislation
    Residence Regulations No. 17/2/25/1337 on 11/09 1371 Hijri (4 June 1952) (1952)
    1952
    The Residence Regulations. Order No. 17/2/1337 on 11/09/1371H. 4 June 1952. (1952) 2000
    1952
    Law of Criminal Procedure. Royal Decree No.(M/39), 28 Rajab 1422 [16 October 2001] Umm al-Qura No.(3867), 17 Sha'ban 1422 [3 November 2001]. (2001)
    2001
    Do Migration Detainees Have Constitutional Guarantees?
    Yes (Basic Law of Governance Royal Order No. A/90 on 2 March 1992 Articles 47 and 36) 1992
    1992 2024
    Yes (The Basic Law of Governance. 1992.) 1992 1992
    1992
    Additional Legislation
    Border Security Law Royal Decree No. M/26 July 14, 1974 (1974) 2004
    1974
    Border Security Law. Decree No. 85/5/SH (1993) 2004
    1993
    Anti-Trafficking in Persons Law (2009)
    2009
    LABOR LAW. Royal Decree No. M/51 23 Sha'ban 1426 / 27 September 2005 (2006) 2015
    2006
    Decision No. 310 of 1434 on Domestic Workers (2013)
    2013
    LABOR LAW. Royal Decree No. M/51 23 Sha'ban 1426 / 27 September 2005. First Edition 2006. As amended in 2013. (2006) 2013
    2006
    Regulations, Standards, Guidelines
    Regulations for dealing with expatriates who violate the regulations on 24 March 2013 (2013)
    2013
    The Imprisonment and Detention Law issued by Royal Decree No. M/31 (1978)
    1978
    Law and Regulations of the Bureau of Investigation and Public Prosecution.Royal Decree No. M/56, 24 Shawwal 1409 (29 May 1989). Umm al-Qura No. 3264, 20 Dhu al-Qadah 1409H (1989)
    1989
    Summary Removal/Pushbacks
    In Law: No
    In Practice: Yes
    2020
    Re-Entry Ban
    Yes
    2017
    Yes
    2013
    Yes
    2013
    Legal Tradition(s)
    Muslim law
    2024
    Muslim law
    Federal or Centralised Governing System
    Centralized system
    2024
    Centralized system
    2018
    Centralized system
    2015
    Centralised or Decentralised Immigration Authority
    Centralized immigration authority
    2024
    Centralized immigration authority
    2018

    GROUNDS FOR DETENTION

    Immigration-Status-Related Grounds
    Detention for unauthorised entry or stay
    2018
    Detention to prevent unauthorised entry at the border
    2018
    Detention to effect removal
    2018
    Detention to establish/verify identity and nationality
    2016
    Detention for unauthorised entry or stay
    1974
    Criminal Penalties for Immigration-Related Violations
    Yes (Yes)
    2018
    Yes (Yes)
    1974
    Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
    Unauthorized entry (180)
    2018
    Unauthorised stay (180)
    2018
    Unauthorized entry (1826)
    1974
    Has the Country Decriminalised Immigration-Related Violations?
    No
    2018
    No
    1974
    Children & Other Vulnerable Groups
    Accompanied minors (Prohibited) Yes
    2022
    Victims of trafficking Yes
    2013
    Accompanied minors Yes
    2005
    Unaccompanied minors Yes
    2005
    Women Yes
    2005
    Mandatory Detention
    Yes (All apprehended non-citizens who do not have proper documentation)
    2021
    Yes (Non-citizens who have violated a re-entry ban)
    2021
    Yes (Persons who request asylum upon arrival at a port of entry)
    1994

    LENGTH OF DETENTION

    Recorded Length of Immigration Detention
    Number of Days: 1000
    2015
    Maximum Length of Incarceration for Immigration-Related Criminal Conviction
    Number of Days: 150
    2021
    Number of Days: 1826
    1974

    DETENTION INSTITUTIONS

    Custodial Authorities
    General Department of Expatriate Affairs (GDEA) (Ministry of Interior) Interior or Home Affairs
    2019
    General Administration of Passports (Ministry of Interior) Interior or Home Affairs
    2018
    Saudi Immigration Police (Rijal Al-Jawazat) (Ministry of Interior) Interior or Home Affairs
    2015
    Saudi Immigration Police (Rijal Al-Jawazat) (Ministry of Interior) Interior or Home Affairs
    2007
    Apprehending Authorities
    General Directorate of Border Guard (Law enforcement, border control and national security) Interior or Home Affairs
    2024
    Administrative Arrest Unit (Police)
    2018
    Criminal Investigation Unit (Police)
    2018
    Detention Facility Management
    General Department of Expatriate Affairs (GDEA) (Governmental)
    2019
    Expatriate Affairs Office at the General Administration of Passports (Governmental)
    2018
    Police (Government-local)
    2015
    Saudi Immigration Police (Rijal Al-Jawazat) (Governmental)
    2015
    Types of Detention Facilities Used in Practice
    Immigration detention centre (Administrative)
    Police station (Criminal)
    Local prison (Criminal)
    Informal camp (Ad hoc)
    Surge facility (Ad hoc)
    2015

    PROCEDURAL STANDARDS & SAFEGUARDS

    Procedural Standards
    Complaints mechanism regarding detention conditions (Yes) No
    2021
    Information to detainees (Yes) infrequently
    2021
    Right to legal counsel (Yes) infrequently
    2021
    Access to free interpretation services (No) infrequently
    2021
    Access to consular assistance (No) infrequently
    2021
    Right to appeal the lawfulness of detention (Yes) No
    2021
    Compensation for unlawful detention (No) No
    2021
    Access to asylum procedures No
    2015
    Right to appeal the lawfulness of detention No
    2015
    Duration of Time between Detention Reviews (Day)
    Unknown
    2021
    Does the Law Stipulate Consideration of Non-Custodial Measures (ATDs) before Imposing Detention?
    Immigration Law: Unknown
    Asylum/Refugee Law: Unknown
    2021
    Impact of Legal ATDs on Overall Detention Rates
    Unknown
    Access to Detainees
    Lawyer: Yes
    Family Members: Yes
    NGOs: Unknown
    International Monitors: Unknown
    Consular Representatives: Unknown
    2021
    Recouping Detention or Removal Costs
    Unknown
    2021

    COSTS & OUTSOURCING

    COVID-19 DATA

    TRANSPARENCY

    Transparency Score on Migration-Related Detention
    Little or No Transparency
    2023
    Little or No Transparency
    2021
    Publicly Accessible List of Detention Centres?
    Partial
    2023
    Partial
    2021
    Publicly Accessible Statistics on Numbers of People Detained?
    No
    2021
    No
    2020
    Disaggregated Detention Data?
    No
    2021
    Access to Information Legislation?
    No
    2021
    No
    2020
    Global Detention Project/Partner Access to Information Requests/Results
    2022 Ministry of Interior Pending
    2022
    2022 General Authority for Statistics Pending
    2022
    2022 Human Resources and Social Development Pending
    2022
    2022 Human Rights Commission Pending
    2022

    MONITORING

    Types of Authorised Detention Monitoring Institutions
    National Society for Human Rights (National Human Rights Institution (or Ombudsperson) (NHRI))
    2018
    Bureau of Investigation and Public Prosecution (Judiciary organs)
    2008

    NATIONAL HUMAN RIGHTS MONITORING BODIES

    NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

    National Preventive Mechanism (NPM-OPCAT)
    No
    2021

    NON-GOVERNMENTAL ORGANISATIONS (NGOs)

    GOVERNMENTAL MONITORING BODIES

    Do parliamentary organs have capacity to receive complaints?
    Yes
    2021

    INTERNATIONAL DETENTION MONITORING

    INTERNATIONAL TREATIES & TREATY BODIES

    International Treaties Ratified
    Ratification Year
    Observation Date
    CRPD, Convention on the Rights of Persons with Disabilities
    2008
    2008
    CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
    2007
    2007
    CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
    2007
    2007
    CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
    2000
    2000
    CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    1997
    1997
    ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
    1997
    1997
    CRC, Convention on the Rights of the Child
    1996
    1996
    VCCR, Vienna Convention on Consular Relations
    1988
    1988
    Ratio of relevant international treaties ratified
    Ratio: 10/19
    Individual Complaints Procedures
    Acceptance Year
    CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2008
    2008
    Ratio of Complaints Procedures Accepted
    Observation Date
    1/5
    2017
    Relevant Recommendations or Observations Issued by Treaty Bodies
    Recommendation Year
    Observation Date
    Committee on the Rights of the Child The Committee is deeply concerned about the imprisonment of female non-Saudi (migrant) workers for their “illegal pregnancies” and the living conditions of non-Saudi (migrant) workers’ children living in prison with their parents. 70. [...] The Committee urges the State party to end as a matter of priority the arrest and imprisonment of unmarried non-Saudi (migrant) women who become pregnant, including victims of sexual violence. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison and allow them to maintain personal relations and direct contact with their mothers remaining in prison. [...] 2006
    2006
    Committee on the Rights of the Child § 37. "While commending the State party for extending visas to Syrian refugees and issuing a Royal Decree regularizing the legal status of many Yemenis, including Yemeni children residing irregularly in the State party, the Committee recommends that the State party reinforce its cooperation with UNHCR with a view to undertaking a census of asylum-seeking and refugee children living on the territory of the State party and to responding to their specific protection needs. The State party should adopt the legal framework and all the measures necessary to effectively guarantee asylum-seeking and refugee children their rights under the Convention. In that respect, the Committee draws the attention of the State party to the guidelines issued by UNHCR in December 2009 on asylum claims made by children. The Committee also recommends that the State party consider ratifying the 1951 Convention on the Status of Refugees and its 1967 Protocol." 2016
    2016
    Committee on the Right of Persons with Disabilities § 34. The State party: (d) Adopt all measures necessary to ensure that migrants, asylum seekers and refugees with disabilities are granted adequate support services, including gender-sensitive and age-appropriate accommodation. 2019
    2019
    Human Rights Committee § 40. The State party should: (a) Ensure the implementation of the law on the right to asylum and refugee status and put in place fair and effective asylum procedures, offering effective protection against refoulement ; (b) Issue and renew identification documents for asylum seekers and refugees in a timely manner, in order to facilitate their access to basic social services and prevent their arbitrary detention ; (c) Ensure that detention of asylum seekers and refugees is used only as a last resort and that those detained in reception centres are provided with legal safeguards and have access to legal counsel as well as interpretation services; (d) Establish alternatives to the detention of children and families with children ; (e) Improve the material conditions of reception centres and ensure that asylum seeker staying in these centres enjoy an adequate standard of living and access to basic social services ; (f) Introduce the necessary legislative and policy amendments to remove the requirement that asylum seekers reside in closed reception centres ; (g) Step up efforts to remove practical obstacles to comprehensive birth registration of all children born to foreigners in Angola, including those born to refugees and asylum seekers ; (h) Ensure that law enforcement officials act in accordance with articles 6 and 7 of the Covenant when forcibly removing foreigners, including by monitoring their activities and investigating, prosecuting and punishing the perpetrators of human rights abuses with appropriate penalties. 2019
    2019
    Committee against Torture 47. The State party should take the following measures: (a) Adopt a comprehensive law on asylum that is consistent with international human rights standards and norms and in accordance with article 3 of the Convention; (b) Ensure the adoption of domestic legislation against refoulement and effective remedies in removal proceedings, including review by an independent judicial body; (c) Establish mechanisms to identify and afford protection to minors at risk of being trafficked, as well as to persons who may have been victims of torture; (d) Consider ratifying the 1951 Convention relating to the Status of Refugees, the 1967 Protocol relating to the Status of Refugees, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. 2016
    2016
    Committee on the Elimination of Racial Discrimination 22. Recalling its general recommendation No. 31, the Committee recommends that the State party: (a) Eliminate all barriers in access to justice by ensuring that all foreign workers have access to independent and effective complaint mechanisms, without fear of acts of reprisal; (b) Conduct awareness-raising activities regarding the respective rights and duties of workers and employers; (c) Enforce existing protective policies and legislation for migrant workers and ensure that all reported cases of abuse against migrant workers are investigated and prosecuted and that perpetrators are sanctioned effectively; (d) Provide information on the number and types of complaints, disaggregated by sex and ethnicity, lodged by foreign workers, on the number of investigations, prosecutions and convictions, and on penalties imposed and remedies provided to victims. ... 34. The Committee recommends that the State party ratify the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees. 2018
    2018
    Committee on the Elimination of Racial Discrimination 16. Noting that the law guarantees equal status to all workers, Saudi and non-Saudi, the Committee wishes to obtain further information on the practical implementation of this principle, particularly given the high proportion of migrant workers in Saudi Arabia (60 per cent of the workforce in Saudi Arabia are migrant workers). 17. The Committee is concerned about allegations of substantial prejudice against migrant workers, in particular those coming from Asia and Africa. The Committee invites the State party to report on the situation, in particular, of women domestic workers and draws the attention of the State party to its general recommendation XXV on gender-related dimensions of racial discrimination. 20. The Committee requests the State party to include in its next periodic report statistics, disaggregated by migrants’ national origin, which would provide a better understanding of the economic and social standing of non-citizens in Saudi Arabia. 21. The Committee is concerned about the situation of Iraqi refugees who have lived in the Rafha refugee camp for more than 12 years under very difficult circumstances. The Committee hopes that the State party will find a solution to this problem in the near future. 2003
    2003
    Committee on the Elimination of Discrimination Against Women 42. The Committee recommends that the State party: (a) Amend the Nationality Law to enable Saudi women to pass on their nationality to their foreign spouses and their children on an equal basis with Saudi men; (b) Regularize the situation of stateless women and ensure their right to nationality without discrimination; (c) Accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. 58. In line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party: (a) Expedite the adoption of a gender-sensitive asylum policy and legislative framework to guarantee the security and protection of refugee and asylum-seeking women; (b) Ensure that the principle of non-refoulement is upheld for all women and girls in need of international protection; (c) Increase the access of refugee and asylum-seeking women and girls to basic services and ensure that they are not subjected to gender-based violence and sexual and labour exploitation; (d) Accede to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto. 2018
    2018
    Global Detention Project and Partner Submissions to Treaty Bodies
    Date of Submission
    Observation Date
    2024 https://www.globaldetentionproject.org/saudi-arabia-submission-to-the-committee-on-the-elimination-of-discrimination-against-women Migrant-rights.org and Global Detention Project Committee on the Elimination of Racial Discrimination (CERD) 89th Session State Report Pending
    2024
    2024
    2020 https://www.globaldetentionproject.org/submission-to-the-un-committee-on-the-elimination-of-discrimination-against-women-cedaw-saudi-arabia Migrant-Rights.org Committee on the Elimination of Discrimination against Women (CEDAW) 69th Session (19 February - 9 March 2018) List of Issues Prior to Reporting Partially
    2020
    2020
    2018 https://www.globaldetentionproject.org/submission-to-the-un-committee-on-the-elimination-of-discrimination-against-women-cedaw-saudi-arabia Global Detention Project and Migrant-Rights.org Committee on the Elimination of Discrimination against Women (CEDAW) 69th session (19th February – 9 March 2018) State Report Pending
    2018
    2018
    2017 https://www.globaldetentionproject.org/submission-to-the-un-committee-on-the-elimination-of-discrimination-against-women-saudi-arabia Committee on the Elimination of Discrimination against Women (CEDAW) Pre-Sessional Working Group for the 69th Session (24-28 July 2017) List of Issues Prior to Reporting Partially How many women are placed in immigration detention per year? Where are women placed in immigration detention? Are they placed in facilities monitored by women wardens? Can authorities produce an of
    2017

    > UN Special Procedures

    Visits by Special Procedures of the UN Human Rights Council
    Year of Visit
    Observation Date
    Special Rapporteur on violence against women, its causes and consequences 2008
    2008
    2015
    Relevant Recommendations or Observations by UN Special Procedures
    Recommendation Year
    Observation Date
    Special Rapporteur on violence against women, its causes and consequences "Migrant workers r) adopt the addendum to the Labour Law in order to cover domestic workers and ensure the protection of their rights, with adequate enforcement mechanisms r) reform the sponsorship system so that workers’ visas are not tied to a particular employer/sponsor and workers are able to transfer employment or leave the country without the individual sponsor’s consent r) effectively investigate and prosecute employers whose treatment of domestic workers violates national and international provisions, in particular in cases of physical/sexual violence r) provide shelters, psychosocial and legal aid to migrant victims of abuse r) raise awareness among the population about domestic workers’ rights and regulations/punishments in case of abuse against them" 2009
    2009

    > UN Universal Periodic Review

    Relevant Recommendations or Observations from the UN Universal Periodic Review
    Observation Date
    Yes 122.116 Adopt further steps to prevent torture, cruel and degrading treatment in prisons and detention centres (Belarus); 122.117 Implement legal reforms to ensure proper legal process and to prevent secret and indefinite detention (Australia); 22.182 Put an end to arbitrary detention, ensure the safety of detainees, reveal their whereabouts and inform them of the charges against them, in addition to ensuring their right to access to justice and fair trial, and the immediate release of all detainees without legal justification (Qatar); 2019 3rd
    Yes 3. Consider positively the ratification of the conventions on enforced disappearance, the migrant workers, refugees, statelessness and the reduction of cases of statelessness, and the Optional Protocol to CAT (Mexico) ; Belgium, Sudan, Chile, South Africa, Belarus, Singapore, Philippines, Thailand, Algeria) 2009 1st
    Yes 138.205. Further the work on various ministerial decisions and the implementation of monitoring mechanisms on protection of migrant workers from human rights violation (Ethiopia); (Indonesia, Paraguay, Philippines, Nigeria, Sierra Leone, Viet Nam, Republic of Korea, Ethiopia, Chile, Bhutan, Senegal, USA, New Zealand, Sri Lanka, Egypt, Moldova, Tajikistan, Pakistan, France, Bahrain, Somalia, Pakistan, Nepal, Kyrgyzstan, Uganda) 2013 2nd
    Global Detention Project and Partner Submissions to Universal Periodic Review
    Date of Submission
    Observation Date
    2018 https://www.globaldetentionproject.org/submission-to-the-universal-periodic-review-saudi-arabia 3rd Partially Many recommendations regarding arbitrary detention, specifically for migrants and other vulnerable groups.
    2018

    > Global Compact for Migration (GCM)

    GCM Resolution Endorsement
    Observation Date
    2018

    > Global Compact on Refugees (GCR)

    GCR Resolution Endorsement
    Observation Date
    2018

    REGIONAL HUMAN RIGHTS MECHANISMS

    Regional Legal Instruments
    Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
    Observation Date
    AC, Arab Charter on Human Rights 2009
    2009

    HEALTH CARE PROVISION

    Provision of Healthcare in Detention Centres
    Limited or Some Detention Centres Only
    2021
    Medical Screening upon Arrival at Detention Centres (within 48 hours)
    Unknown
    2021
    Psychological Evaluation upon Arrival at Detention Centres
    Unknown
    2021
    Doctor on Duty at Detention Centres
    Unknown
    2021
    Nurse on Duty at Detention Centres
    Unknown
    2021
    Psychologist Visits to Detention Centres
    Unknown
    2021

    HEALTH IMPACTS

    COVID-19

    Country Updates
    Amnesty International (AI) reported that at least three people died in detention centres housing thousands of Ethiopian migrants in Saudi Arabia (AI 02.10.2020). The rights group said that migrants were facing “unimaginable cruelty,” including being chained together in pairs, and using their cell floors as toilets. AI urged Saudi authorities to improve conditions in the centres. The migrants from Ethiopia and other countries had been working in northern Yemen but were forced out by Houthi rebels. According to the International Organisation for Migration (IOM), some 2,000 Ethiopians remain stranded on the Yemeni side of the border, without food, water or healthcare. Many Ethiopian migrants go to Saudi Arabia to work, making the kingdom a key source of foreign remittances for Ethiopia. The kingdom has been cracking down on irregular migrants and as of 2017, there were up to 500,000 irregular migrants from Ethiopia in Saudi Arabia, according to the IOM. Prior to the COVID-19 crisis, at least 10,000 Ethiopians on average were being deported each month. However, Ethiopian officials requested a moratorium because of the pandemic. BBC News reported that in recent months, Ethiopia has struggled to create sufficient space in quarantine to welcome their nationals back and make sure they are not bringing the virus with them. Amnesty International interviewed 12 detained Ethiopian migrants regarding conditions in the al-Dayer detention centre, Jizan central prison, and prisons in Jeddah and Mecca. Conditions are especially dire in al-Dayer and Jizan, where detainees report sharing cells with 350 people. Two migrants told Amnesty that they had personally seen the dead bodies of three men from Ethiopia, Yemen, and Somalia, in al-Dayer. The report did however mention that “all those interviewed said they knew of people who had died in detention, and four people said they had seen bodies themselves.” Amnesty International urged the Ethiopian government to urgently facilitate the voluntary repatriation of its nationals, while asking the Saudi authorities to improve detention conditions in the meantime. Ethiopia has planned to repatriate 2,000 detained migrants by mid-October, Tsion Teklu, a state minister at Ethiopia’s foreign ministry, told AFP last month. The minister said that the total number of Ethiopian migrants in Saudi Arabian detention facilities was 16,000 this year. In September, three migrants told AFP that visiting Ethiopian diplomats had warned them to stop speaking about detention conditions.
    Poor conditions of immigration detention in Saudi-Arabia have been called out several times by Human Rights Watch (HRW). Reports of migrant trafficking and overcrowding in the country’s facilities are numerous. In April, thousands of Ethiopians were expelled from Yemen as Houthi forces declared them “coronavirus carriers” (see our 4 August Yemen update). They were forced to the Saudi border where they waited for days without food or water, until Saudi Arabia allowed hundreds of them into the country. Immediately placed in detention, families were separated as the groups were divided between men and women. HRW reports that two facilities, in al-Dayer and Jizan, are likely to be holding the Ethiopian migrants. After conducting several interviews with migrants in these centres, HRW describes the detention as “arbitrary and abusive.” The reports uniformly describe the “overcrowding, blocked and overflowing toilets, lack of beds and blankets, lack of medical care including prenatal care for those who were pregnant, inadequate food and water, and poor toilet facilities. They described serious skin problems they said were caused by the unhygienic conditions.” In a video published by HRW, the floor in al-Dayer detention centre is flooded due to the poor quality of the roof. Women are seen walking and sitting in the water as one of them mentions “there are people’s faeces everywhere.” On 21 June, while confirming that there were no Covid-19 cases among prisoners, the Saudi Ministry of Interior announced that the government was working on establishing virtual communication channels between inmates and their families.
    Although the UN urged Saudi Arabia to cease deportations in April, Riyadh has continued the practice throughout the pandemic. Since March, 2,870 Ethiopian migrant workers have been deported and Ethiopian officials have reported that as of the end of July, some 927 of these deportees were infected with the virus (although the true number is believed to be much higher.) In a country that has ill-equipped medical facilities and few medical resources in rural areas, the high numbers of cases amongst deportees is raising significant concerns. (For more on Saudi’s deportations, see 14 April update.) Many of those deported have previously been held in overcrowded facilities such as Al Shumaysi Detention Centre--an enormous complex that can hold up to 32,000 persons. Detainees in this facility are held in bunk-bed filled halls, which confine up to 80 persons. As one detainee reported to the Guardian, “We are packed as animals. We sleep on metal beds with no mattress, no proper sanitation. … We drink water from the toilet If you have money you can buy clean water. If you don’t have any, you just take dirty water from the toilet.” Noting the dangers that squalid conditions such as these can pose on confined populations, Human Rights Watch has urged Saudi authorities to release detainees and take steps to reform its detention policies. In June, the country’s Interior Ministry announced that migrant workers found violating quarantine restrictions in the country (such as gathering in groups of more than five persons) would face fines of up to 200,000 SAR (approximately 53,000 USD), deportation, and a life-long re-entry ban.
    Thousands of Ethiopian workers - including large numbers of domestic workers - were deported from Saudi Arabia (as well as the UAE) over the weekend (10-12 April). Deported on cargo planes, some were reported to be displaying symptoms of Covid-19, although none had been tested for the virus. According to the UAE government, they were vulnerable to spreading the disease and thus needed to be removed from the country. Ethiopia’s Health Minister confirmed that thousands had been deported from both UAE and Saudi Arabia, and that the country expected thousands more to be returned in the next 15 days. As the UN Humanitarian co-ordinator for Ethiopia has said, "This is simply not the moment for mass deportations from a public health perspective. … These mass deportations, without any pre-departure medical screening are likely to exacerbate the spread of Covid-19 to the region and beyond."
    On 26 March, the state-backed Human Rights Commission (HRC) announced that 250 foreign detainees - held on non-violent immigration and residency offences - had been released from detention facilities. A HRC spokesman stated that more releases were to be expected. Previously, on 18 March 2020, Saudi authorities decided to close tribunals for two weeks and suspend visits to prisoners.
    Did the country release immigration detainees as a result of the pandemic?
    Yes
    2020
    Did the country Temporarily Cease or Restrict Issuing Detention Orders?
    No
    2020
    Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
    No (Yes) No No Unknown
    2022
    No (No) No No No
    2020
    Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
    Unknown
    2021
    No
    2020
    Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
    Yes
    2021
    No
    2020
    Did the Country Release People from Criminal Prisons During the Pandemic?
    Unknown
    2021
    Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
    Unknown
    2022
    Did the Country Restrict Access to Asylum Procedures?
    Unknown
    2021
    Did the Country Commence a National Vaccination Campaign?
    Yes
    2021
    Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
    Included (Included) Included Included Included
    2021