* Category includes ratification, accession, or succession to the treaty

The Basic Rule of Governance (more commonly known as the Basic Law), adopted in 1992 by a Royal Decree issued by King Fahd, effectively acts as the country’s constitution. Notably, there are no constitutional provisions that specifically support the rights to freedom of association or assembly. Article 26 of the Basic Law provides that “the state shall protect human rights according to Islamic Sharia.” Article 27 also provides that the state shall “encourage organizations and individuals to participate in philanthropic activities.”

The most prominent laws and regulations affecting civil society organizations are the following:

• Law on Associations and Foundations, Royal Decree No. M/8, 19.2.1437H (1 December 2015)
• Charity Associations and Foundations Bylaw (22 March 2016)
• Family Fund Rules (24 March 2016)
• Implementing Regulations for Associations (14 April 2016)
• Implementing Regulations for Foundations (14 April 2016)
• Implementing Regulations for Family Funds (14 April 2016)
• 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.

We are unaware of any pending legislative/regulatory initiatives affecting CSOs in Saudi Arabia. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

Civil society organizations in Saudi Arabia can be registered as either an association or a foundation. Both associations and foundations are not-for-profit forms. According to the Implementing Regulations on Associations, an association may be established to achieve: (1) benevolence, solidarity, public services, or welfare, (2) a religious, social, cultural, health, environmental developmental, awareness-raising, technical, or seasonal activity, (3) an educational, pedagogical, scientific, research, professional, or training activity, (4) purposes related to professions, skills, creativity, youth, women, childhood, tourism, or voluntary work, (5) an activity related to protection of consumers and family protection, (6) providing assistance in crises or disasters and ensuring safety of the society, (7) family and social development, or (8) any other civil activity as decided by [the Ministry of Labor and Social Development]. The Implementing Regulations on Foundations define foundations as not-for-profit entities aiming to achieve one or more public or private benefit goal, and depending on funds, endowments, donations, grants, wills, returns of investments, or zakat allocated by the founders. Both family and civil funds are considered foundations for the purposes of these regulations. In October 2016, the Ministry of Labor and Social Affairs issued an announcement confirming that companies in Saudi Arabia may establish philanthropic foundations.

Associations and foundations are supervised primarily by the Ministry of Labor and Social Development, which conducts registration procedures and monitors the financial accounts, activities, and programs of CSOs. If the work of an association or foundation involves an activity regulated by another government entity, the entity’s approval will be additionally necessary for registration and the entity will have a secondary, monitoring role over the technical requirements facing the association or foundation. Saudi law does not recognize informal, unregistered organizations. Branches of foreign associations and foundations may not be registered in Saudi Arabia.

Associations and foundations acquire legal personality as of the date of the Ministry of Labor and Social Development’s decision approving the application or the lapse of sixty days since the submission of the registration application. An association or foundation may carry out its activities as soon as it receives its license. The law is silent as to whether associations and foundations which have not yet received their license, but for which the sixty day period has expired, may likewise carry out activities.

The CSO Law and implementing regulations for associations provide that an association may obtain public benefit status if it satisfies the following requirements:

• It serves an objective that benefits the public, such as education, health, or safety;
• Its activities or services are provided to its entire targeted society and not a select group of persons;
• It is licensed to pursue its public benefit objective;
• Its membership is open;
• It has not committed any financial, technical, or administrative violations;
• Its board includes two experts in philanthropy who have advanced degrees and at least five years’ experience.

Following registration, the Ministry of Labor and Social Development may grant this status to an association that meets all of the aforementioned requirements; there is no application process detailed in the law. The Ministry may withdraw the status if the association later fails to meet any of the required criteria. Public benefit status affords a number of advantages, including the ability to manage public projects, eligibility for certain contracts with government and private entities, and the ability to collect donations directly.

There are multiple barriers to the formation and existence of CSOs:

• In order to be registered, associations must have at least ten founding members, all of whom must be Saudi citizens who are at least 18 years old, have full legal capacity, and have no criminal record for a crime of dishonesty or moral turpitude, unless the criminal record has been cleared.
• Although a foundation, unlike an association, may be established by only one person (also a Saudi citizen who is at least 18 years old, has full legal capacity, and has no criminal record for a crime of dishonesty or moral turpitude, unless the criminal record has been cleared), it must also be governed by a board of trustees consisting of no less than three members. Additionally, the founding members of a foundation must deposit 5 million Saudi Riyals (approximately $1.3 million) into the foundation’s bank account within its first year of operation or register assets under its name that yield annual revenues amounting to the same.
• An application for the registration of an association will be denied if its founding bylaws involve principles that are inconsistent with Islamic Sharia, infringe upon the public system, contradict public morals, breach national unity, or contradict the laws and regulations of the system. The authority to deny such applications is specific, rather than discretionary.
• If the work of an association or foundation involves activities regulated by another government entity, the entity’s approval will be necessary for registration in addition to that of the Ministry of Labor and Social Development.
• Branches of foreign associations and foundations may not be registered in Saudi Arabia.

According to the CSO Law and regulations, CSOs face legal restrictions on their activities as well. Foundations and associations may not provide services outside of the geographic area or region in which they are registered to conduct approved activities. They may open branches outside of their approved region and inside Saudi Arabia only with the approval of the Ministry of Labor and Social Development.

On a procedural level, the CSO Law stipulates extensive detail governing the internal affairs of an organization and allows the Ministry of Labor and Social Development extensive monitoring rights. Associations and foundations must provide the Ministry of Labor and Social Development with annual financial statements, as well as general assembly meeting minutes and voting records. Ministry representatives may attend meetings, though they do not have the right to vote.

The Ministry of Labor and Social Development may impose sanctions on associations and foundations gradually, first by sending a warning to the organization to rectify a situation within thirty days and then by sending a second and a final warning with a similar thirty-day grace period. If the organization does not heed the warning, the Ministry can then order the suspension of a staff member, prevent the staff member from working at another CSO, temporarily suspend activities, merge the CSO with another CSO, or dissolve the CSO.

An association can be ordered suspended, terminated, or merged by the Ministry if the total number of members falls below five; the association exceeds its scope of activities or commits “grave” contraventions of the CSO Law and regulations or the association’s bylaws; the association is unable to meet its payment obligations; the association used funds for unlicensed causes; the association fails to comply with public order, public morals, or Islamic Sharia; or the association commits an act that will adversely affect national unity. Additionally, if an association gravely breaches a contract with the government, the Ministry may suspend the contract until the breach is rectified or may terminate the contract altogether.

A foundation may be dissolved if it is unable to meet its financial obligations; it is unable to perform its objectives; or it fails to commence its activities within one year of its license.

Barriers to International Contact

Foreign associations and foundations are prohibited from opening branches in Saudi Arabia.

Domestic associations and foundations may not participate in activities abroad, provide services outside Saudi Arabia, or become members of international organizations without the prior approval of the Ministry of Labor and Social Development and any relevant government entity. Approval is obtained by submitting an application with information about the desired activity, membership, or service and its relationship to the CSO’s scope of services. Foundations may not open branches abroad. Associations may establish branches abroad with the prior approval of the Ministry.

The CSO Law prohibits CSOs from receiving foreign funding from outside Saudi Arabia unless they seek and obtain approval from the Ministry of Labor and Social Development.

Domestic sources of funding for associations include membership fees; revenue from permissible economic activities; investment revenue; and zakat, if services are being provided to the poor and needy. Associations must obtain prior approval from the Ministry of Labor and Social Development before they may fundraise and receive donations. Associations that enjoy public benefit status may also earn revenue from managing public projects. Government funding is also available. To access government funding, which all associations are eligible to receive, an application to the Ministry of Labor and Social Development is generally submitted after registration is complete. Applications for such assistance are generally accepted one year after the association is established, alongside proof that it is well-managed and active in society. Financial support for training programs is also available.

Domestic sources of funding for foundations mainly come from funds, grants, waqfs, wills, and zakat from the founders. Foundations may also make revenue from investments or waqfs registered in the foundation’s name. Foundations do not receive government aid. They are also not permitted to collect donations except with prior approval of the Ministry of Labor and Social Development.

Although there is no explicit provision under Saudi law, it is established practice that associations and foundations may not engage in political activity. There is no specific legal definition as to what constitutes political activity.

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.

Lack of Legal Protections

While the Basic Rule of Governance effectively acts as the country’s constitution, it does not enshrine a protection on 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.”

Authorities have responded to recent, small demonstrations occurring largely in the Eastern Province by issuing a most-wanted list of activists and violently dispersing the gatherings.

Saudi Arabia seeks death penalty against female human rights activist (August 2018)

Human Rights Watch: Submission to the Universal Periodic Review of Saudi Arabia (May 2018)

Saudi Arabia: Intensified Repression of Writers, Activists (February 2017)

Saudi Arabia in U.S. Commission on International Religious Freedom (April 2017)

Saudi human rights activist sentenced to 9 years in prison (April 2016)

Saudi court sentences poet to death for renouncing Islam (November 2015)

Long Prison Terms for Activists (October 2015)

Saudi Arabia – Country of Concern (March 2015)

Saudi Arabia Increases Jail Sentence for Human Rights Lawyer (January 2015)

Saudi Arabia – Country of Concern (October 2014)

Journalists Association “Fails Miserably,” Says Members (August 2014)

Saudi Arabia: New Terrorism Law is Latest Tool to Crush Peaceful Expression (February 2014)

CIVICUS highlights escalating crackdown on civil society in Saudi Arabia (May 2013)

Saudi Arabia Prosecuting Peaceful Protesters (October 2012)

Saudi Arabia condemns Russian comments on human rights (July 2012)

Saudi rights campaigner given 4 yrs’ jail: activists (April 2012)

Saudi Arabia: Christians arrested at private prayer (February 2012)

Arrest and incommunicado detention of human rights defender Mr. Fadel Mekki Al-Manasef (October 2011)

Drop Charges Against Human Rights Lawyer (September 2011)

Detainees disappear into black hole of Saudi jails (August 2011)

Stop Trial of Journalist (August 2011)

Why Is the Story Different in Saudi Arabia? (April 2011)

A Saudi Prince’s Plea for Reform (February 2011)

Rights watchdog urges Saudi to release activists (February 2011)

Nearby Uprisings Stoke Saudis’ Political Passions (February 2011)

Saudi royal concern over growing regional unrest (February 2011)

Saudi Arabia: Free Forgotten Prisoners (April 2010)

Saudi Arabia: Women lawyers may soon be allowed in courtrooms (February 2010)

The foregoing information was collected by ICNL’s monitoring partner in Saudi Arabia.