Throughout Saudi Arabia’s history, various forms of civil society organizations (CSOs) have emerged and helped facilitate public action and cooperation. However, these advances were hindered by the establishment of modern state institutions that adopted a centralized administrative approach and effectively prohibited independent civic action. Although there are currently hundreds of CSOs working in various fields in Saudi Arabia, the vast majority of them are government-affiliated; there are very few truly independent organizations. Civil society remains underdeveloped, due in large part to a restrictive legal framework that limits organizations’ activities and funding, as well as to a lack of expertise in establishing effective and sustainable institutions. This environment exists despite Saudi society’s cultural and social heritage, including religious laws that call for civic work in various spheres.
In recent years, the Saudi Arabian people have increasingly called for expanded civic rights. In response to these demands, the Saudi Ministry of Social Affairs first proposed in 2006 a draft Law on Associations and Foundations to provide a unified law to govern civil society organizations. On 18 January 2008, the Al Watan newspaper published what was reported as the most recent version of the draft law [English] [Arabic]. Since then, no action has been taken by the Saudi government. As recently as October 2013, a consortium of civil society groups called on the government to adopt a new and enabling CSO law, but there has been no indication that the government will do so any time soon.
As a result, Saudi civil society continues to be regulated by the Saudi Basic Law of Governance and the restrictive and outdated Decision of the Council of Ministers 107 of 25 Jumada al Akheera 1410 (23 January 1990).
|Organizational Forms||Charitable societies|
|Registration Body||Ministry of Social Affairs|
|Approximate Number||According to the Charity Commission for England and Wales, "There are approximately 470 charitable societies operating domestically within Saudi Arabia who work under the supervision of the Ministry of Social Affairs. In addition there are approximately 40 foundations set up by Royal Decree, which are also under the supervision of the Ministry of Social Affairs."|
|Barriers to Entry||Minimum membership requirement of at least 20 Saudi citizens.
Inordinate delays in the registration process, which can sometimes take years.
Ministry’s full discretion to grant or refuse registration.
|Barriers to Activities||Narrowly restricted range of permissible activities.
Invasive supervision and monitoring of internal affairs, through government attendance of organizational meetings.
|Barriers to Speech and/or Advocacy||Advocacy organizations are prohibited. The only legal NGO forms are charities or missionary organizations, which are narrowly defined.|
|Barriers to International Contact||NGOs must obtain prior approval from the Ministry before communicating with regional and international peer groups. Foreign organizations are prohibited from opening branches in Saudi Arabia.|
|Barriers to Resources||The receipt of foreign funding is prevented in practice (although there is no legal barrier per se).|
|Barriers to Assembly||No constitutional protection of the right to hold assemblies; punishment for protesters often based on fatwas; excessive force used to break up protests.|
|Population||27,345,986 (July 2014 est.)|
|Type of Government||Monarchy|
|Life Expectancy at Birth||Male: 72.79 years
Female: 76.94 years (2014 est.)
|Literacy Rate||Male: 90.4%
Female: 81.3% (2010 est.)
|Religious Groups||95% Muslim (85-90% Sunni and 10-15% Shia), 5% other (2014 est.)|
|Ethnic Groups||Arab: 90%; Afro-Asian: 10%.|
|GDP Per Capita||$31,300 (2013 est.)|
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2013.
|Ranking Body||Rank||Ranking Scale
(best - worst possible)
|UN Human Development Index||34 (2014)||1 – 182|
|World Bank Rule of Law Index||61 (2012)||100 – 0|
|World Bank Voice & Accountability Index||3 (2012)||100 – 0|
|Transparency International||55 (2014)||1 – 180|
|Freedom House: Freedom in the World||Status: Not Free
Political Rights: 7
Civil Liberties: 7 (2014)
|Free/Partly Free/Not Free
1 – 7
1 – 7
|Foreign Policy: Fragile States Index 2014||Rank: 96 (2014)||178 – 1|
International and Regional Human Rights Agreements
|Key International Agreements||Ratification*||Year|
|International Covenant on Civil and Political Rights (ICCPR)||No||--|
|Optional Protocol to ICCPR (ICCPR-OP1)||No||--|
|International Covenant on Economic, Social, and Cultural Rights (ICESCR)||No||--|
|Optional Protocol to ICESCR (OP-ICESCR)||No||--|
|International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)||Yes||1997|
|Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)||Yes||2000|
|Optional Protocol to the Convention on the Elimination of Discrimination Against Women||No||--|
|Convention on the Rights of the Child (CRC)||Yes||1996|
|International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)||No||--|
|Convention on the Rights of Persons with Disabilities (CRPD)||Yes||2008|
|Key Regional Agreements||Ratification*||Year|
|Arab Charter on Human Rights||Yes||2009|
|Gulf Cooperation Council (GCC) Human Rights Declaration||Yes||2014|
* Category includes ratification, accession, or succession to the treaty
The Saudi Constitution, also known as the Basic Law of Governance, was adopted in 1992 by a Royal Decree issued by King Fahd. Notably, there are no constitutional provisions that specifically support the rights to freedom of association or assembly. Article 26 of the Saudi Constitution provides that "the state shall protect human rights according to Islamic law." Article 27 also provides that the state shall “encourage organizations and individuals to participate in philanthropic activities.”
National Laws and Regulations Affecting Sector
Saudi Arabia lacks a single unified law to govern civil society organizations. Instead, organizations are subject to a number of different regulations, which govern charitable institutions, labor committees, and cooperative societies. The most prominent are the following:
- Decision of the Council of Ministers 107 of 25 Jumada al Akheera 1410 (23 January 1990), which governs charitable societies and institutions and addresses establishment requirements, registration requirements, internal governance, termination, and administration.
- Regulations relating to a wide variety of specific organizations including the National Commission for Elderly, the National Commission for Childhood, Human Rights Commission, Handicapped Rehabilitation Programs, National Commission for the Welfare of Prisoners, Nurseries and Social Welfare Foundations, Girls Welfare and Vocational Rehabilitation Programs for the Handicapped.
- In addition, a license from the Ministry of Labor is required to form a worker’s committee in any private sector company. All formal and informal workers’ committees are monitored by the Ministry of Labor.
A draft law to govern civil society organizations was first submitted by the Ministry of Social Affairs in 2006 and published by the Shura Council in 2007 [English] [Arabic], and appears to have been amended by the Council of Ministers in 2008 [English] [Arabic]. As of October 2012, a panel of experts in the Saudi Cabinet was reportedly reviewing the most recent draft. According to one lawyer in Saudi Arabia, the draft law "will streamline efforts, benefit groups currently under the supervision of multiple authorities, unify these groups' demands, define their functional scope and contribute to their development."
While draft legislation represents a significant step in the formal recognition of CSOs as development partners with the state and the people of Saudi Arabia, as well as codification of their status as legal persons in the Kingdom, previous draft laws have not been closely aligned with good international practices. Notable among the issues presented by previous draft laws is their tendency to provide a general rule or guidance, but defer precision in executing such guidance to regulatory action to be taken by a ministry or (usually) the National Authority for Associations and Foundations. This approach would afford government officials excessive discretion in their decisions and actions related to civil society organizations.
Civil society organizations in Saudi Arabia can be registered as either a "charitable society" or a "charitable foundation." Charitable societies and foundations carry out charitable and voluntary work, including helping the poor, improving residences, providing financial aid to needy people; preparing youth for the labor market through training programs and coordination with employers; and providing healthcare, educational and social services. All of these organizations are governed by Decision of the Council of Ministers 107 of 25 Jumada al Akheera 1410, and are supervised by the Ministry of Social Affairs in terms of registration procedures, monitoring the elections of the board of directors, financial accounts and their activities and programs. Charitable societies may also receive annual financial support from the Ministry, depending on the budget size of each society. There are, however, a number of family-based charity societies that are registered by not financially supported by the Ministry; these are mostly concerned with cultural, educational, and training programs.
Public Benefit Status
There is no law or regulation that distinguishes public benefit organizations from other organizations.
Barriers to Entry
There are multiple barriers to the formation and existence of CSOs:
- To be registered, organizations are required to have at least twenty founding members, all of whom must be Saudi citizens.
- The registration process may take considerable time, often up to one year or more. Unsuccessful applicants are generally not provided clear justification for the registration delays.
- An organization’s field of work must be approved by the Ministry of Social Affairs, and its geographical zone of work must not overlap with other societies or institutions.
- The Minister has full discretion to grant or refuse registration based on the Minister's full discretion.
Barriers to Operational Activity
CSOs face legal restrictions on their activities as well. A CSO’s activities are strictly confined to those which were approved during the registration process, and the range of permissible activities is narrowly construed. A CSO must obtain prior approval from the Ministry of Social Affairs before undertaking additional activities. Moreover, the Ministry of Social Affairs and intelligence authorities strictly monitor organizations’ activities; if a CSO engages in unapproved activities, government authorities may compel the founders of the organization to discontinue them. The law also allows the state to intervene in the internal affairs of organizations. For example, representatives of various official agencies monitor most meetings held by societies. Governmental representatives attending general meetings may even approve resolutions.
Barriers to Speech / Advocacy
Advocacy organizations are prohibited. The only legal organizational form for civil society is the charity or missionary organization – and the permissible purposes they can pursue are narrowly defined.
Furthermore, a counter-terrorism law that took effect in February 2014 creates a number of new restrictions on potential speech. The definition of terrorism crimes under the law is so broad as to criminalize peaceful expressions of dissent – including advocating for political reforms, exposing official corruption, and insulting the monarchy. Such acts are punishable by up to 20 years in prison.
Barriers to International Contact
CSOs must obtain prior approval from the Ministry of Social Affairs before communicating with regional and international peer groups. Foreign organizations are prohibited from opening branches in Saudi Arabia.
Barriers to Resources
Although there are no specific rules or regulations that address the receipt of funds from abroad, in practice Saudi CSOs are prevented from receiving any foreign funding.
Domestic funding is limited to cash donations from Saudi Arabians. In recent years, the government has instituted a plan that includes many restraints and procedures for monitoring CSO fundraising, in an effort to impede groups supporting activities considered to be “terrorist” in nature.
Many organizations and institutions carry out investment projects to increase their income, although there are several restrictions that limit speculation or getting involved in high-risk investments.
Barriers to Assembly
Lack of Legal Protections. There is no constitution in Saudi Arabia; thus there is no constitutional protection of the right to hold assemblies. Instead, the Ministry of Interior has issued a circular prohibiting assemblies altogether, and threatening to punish individuals who participate in them. Cultural and literary assemblies and other forums are also banned. The counter-terrorism law may also be used to ban and criminalize assemblies, as acts deemed to “disturb the public order.” The highest religious authority in the state, the Commission of Senior Scholars, has issued a statement declaring that assemblies are religiously prohibited as well.
Spontaneous Demonstrations. Spontaneous demonstrations are not allowed. Individuals who take part in spontaneous demonstrations are subject to a range of punishments including imprisonment, flogging, and travel bans. The punishments are usually based on fatwas, or religious edicts, issued by the Commission of Senior Scholars.
Criminal Penalties. Criminalization and punishment is usually based on fatwas issued by the Commission of Senior Scholars and circulars from the Ministry of Interior. Penalties can include imprisonment, flogging, travel bans, and dismissal from employment.
In addition, the Cyber Crime Regulation includes a provision that can be used to penalize organizers or supporters of assemblies. Article 6 of the Regulation provides for a term of imprisonment and fine for anyone who uses the Internet or a computer to “compromise the public order, religious values, public manners, or private lives.”
Enforcement. The state often uses excessive force to disperse assemblies, including water hoses, tear gas, rubber bullets, flash grenades, and live ammunition to scatter demonstrators. People have been killed or seriously injured from the dispersal of assemblies.
Article 7 of the Statute of the Internal Security Forces provides that Internal Security personnel may use arms “to scatter the assembly or the hostile demonstration, which is comprised of five people or more who threaten public security, after warning the demonstrators to scatter. The order to use arms in this case shall be issued by a commander who must be obeyed. It should be considered in all of above-mentioned incidents that firing should be the only method to achieve the above-mentioned purposes.”
|UN Universal Periodic Review Reports||Universal Periodic Review: Saudi Arabia (2013)|
|Reports of UN Special Rapporteurs||Saudi Arabia|
|USIG (United States International Grantmaking) Country Notes||Not available|
|U.S. State Department||2013 Country Reports on Human Rights Practices: Saudi Arabia
Advancing Freedom and Democracy Reports, 2010: Saudi Arabia
|Fragile States Index Reports||Foreign Policy: Fragile States Index 2014|
|IMF Country Reports||Saudi Arabia and the IMF|
|International Commission of Jurists||Not available|
|International Center for Not-for-Profit Law Online Library||Saudi Arabia|
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at email@example.com.
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The foregoing information was collected by ICNL LLC Middle East / North Africa Regional office in Amman, Jordan.