Human Rights Watch Briefing on Saudi Arabia's New 'Terrorism Laws'

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Human Rights Watch Briefing on Saudi Arabia's New 'Terrorism Laws'

By : Jadaliyya Reports

[The following briefing was published by Human Rights Watch on 20 March 2014]

Saudi Arabia’s new terrorism law and a series of related royal decrees create a legal framework that appears to criminalize virtually all dissident thought or expression as terrorism. The sweeping provisions in the measures, all issued since February 2014, threaten to close down altogether Saudi Arabia’s already extremely restricted space for free expression.

“Saudi authorities have never tolerated criticism of their policies, but these recent laws and regulations turn almost any critical expression or independent association into crimes of terrorism,” said Joe Stork, deputy Middle East and North Africa director. “These regulations dash any hope that King Abdullah intends to open a space for peaceful dissent or independent groups.”

The new regulations come amid a campaign to silence independent activists and peaceful dissidents through intimidation, investigations, arrests, prosecutions, and imprisonment. On March 9, the prominent human rights activists Abdullah al-Hamid and Mohammed al-Qahtani completed their first year in prison, serving 11 and 10-year sentences, respectively, for criticizing the government’s human rights abuses and for membership in an unlicensed political and civil rights organization.

Two other human rights activists, Waleed Abu al-Khair and Mikhlif al-Shammari, recently lost appeals and will probably begin their three-month and five-year respective sentences soon for criticizing Saudi authorities.

On January 31, Saudi authorities promulgated the Penal Law for Crimes of Terrorism and its Financing (the “terrorism law”). The law has serious flaws, including vague and overly broad provisions that allow authorities to criminalize free expression, and the creation of excessive police powers without judicial oversight. The law cites violence as an essential element only in reference to attacks carried out against Saudis outside the kingdom or onboard Saudi transportation carriers. Inside the kingdom, “terrorism” can be non-violent – consisting of “any act” intended to, among other things, “insult the reputation of the state,” “harm public order,” or “shake the stability of society,” which the law fails to clearly define.

On February 3, two days after the terrorism law came into force, King Abdullah issued Royal Decree 44, which criminalizes “participating in hostilities outside the kingdom” with prison sentences of between three and 20 years. On March 7, the Interior Ministry issued further regulations designating an initial list of groups the government considers terrorist organizations, including the Muslim Brotherhood and the Houthi group in Yemen, along with “Al-Qaeda, Al-Qaeda in the Arabian Peninsula, Al-Qaeda in Yemen, Al-Qaeda in Iraq, Da`ish [the Islamic State of Iraq and Sham, or ISIS], Jabhat al-Nusra, and Hezbollah inside the kingdom.”

The interior ministry regulations include other sweeping provisions that authorities can use to criminalize virtually any expression or association critical of the government and its understanding of Islam. These “terrorism” provisions include the following:

  • Article 1: “Calling for atheist thought in any form, or calling into question the fundamentals of the Islamic religion on which this country is based.”
  • Article 2: “Anyone who throws away their loyalty to the country’s rulers, or who swears allegiance to any party, organization, current [of thought], group, or individual inside or outside [the kingdom].”
  • Article 4: “Anyone who aids [“terrorist”] organizations, groups, currents [of thought], associations, or parties, or demonstrates affiliation with them, or sympathy with them, or promotes them, or holds meetings under their umbrella, either inside or outside the kingdom; this includes participation in audio, written, or visual media; social media in its audio, written, or visual forms; internet websites; or circulating their contents in any form, or using slogans of these groups and currents [of thought], or any symbols which point to support or sympathy with them.”
  • Article 6: “Contact or correspondence with any groups, currents [of thought], or individuals hostile to the kingdom.”
  • Article 8: “Seeking to shake the social fabric or national cohesion, or calling, participating, promoting, or inciting sit-ins, protests, meetings, or group statements in any form, or anyone who harms the unity or stability of the kingdom by any means.”
  • Article 9: “Attending conferences, seminars, or meetings inside or outside [the kingdom] targeting the security of society, or sowing discord in society.”
  • Article 11: “Inciting or making countries, committees, or international organizations antagonistic to the kingdom.”

These broad provisions contain language that prosecutors and judges are already using to prosecute and convict independent activists and peaceful dissidents, Human Rights Watch said.

Al-Qahtani and al-Hamid’s convictions included charges such as “breaking allegiance with the king,” “slandering the religiosity and integrity of the Supreme Council of Religious Scholars,” “sowing discord,” and “attempting to shake the internal security of the country by calling for demonstrations.” The new terrorism regulations classify several of these charges as acts of terrorism.

Other members of their organization, the Saudi Civil and Political Rights Association (ACPRA), are serving sentences for convictions on similar charges, including Mohammed al-Bajadi, Omar al-Saeed, and Abd al-Kareem al-Khodr. A jailed member, Fowzan al-Harbi, is on trial before the Riyadh Criminal Court on charges that include “participating in calling for and inciting breaking allegiance with the ruler,” “explicit libel of the integrity and religiosity of the Supreme Council of Religious Scholars,” “participating in setting up an unlicensed organization” – namely, ACPRA – “publishing details of his investigation,” and “describing the ruling Saudi regime – unjustly – as a police state.”

In the March 9 case, the Saudi Press Agency (SPA) reported, a Saudi appeals court upheld an eight-year sentence for a Saudi citizen for “his involvement in inciting [family members] of detainees in security cases to demonstrations and sit-ins through producing, storing, and sending tweets, video clips on YouTube, and social networking sites,” as well as “his sarcasm toward the ruler of the kingdom and its religious authorities.”

On March 10, the SPA reported the conviction of another man, with a 10-year prison sentence and a 100,000 riyal fine ($26,600), for “engaging in following, saving, and resending inciting tweets on the social networking site (Twitter) against the rulers, religious scholars, and government agencies and his connection to people who call themselves reformists…”

Another human rights activist, Fadhil al-Manasif, who played a leading role in documenting abuses against demonstrators in the Eastern Province in 2011, is on trial for “sowing discord,” “inciting public opinion against the state,” and “communicating with foreign news agencies to exaggerate news and harm the reputation of the kingdom.”

And Riyadh-based human rights activists, Mohammed al-Otaibi and Abdullah al-Attawi, who came under investigation in April 2013 for co-founding a new human rights organization – The Union for Human Rights – face a new investigation based on their human rights activities. A local activist told Human Rights Watch that on March 12, 2014, investigators asked al-Otaibi about his hunger strike in solidarity with al-Qahtani and al-Hamid, his involvement in issuing human rights statements and reports, and his television appearances.

Article 32 of the Arab Charter on Human Rights, to which Saudi Arabia is party, guarantees the right to freedom of opinion and expression, and to impart news to others by any means. Article 28 guarantees the rights to peaceful assembly and association.

While protecting public order and national security are recognized in international human rights law as legitimate purposes for limiting certain rights under narrow and clearly-defined circumstances, vague and overly broad legal provisions cannot be the basis for overriding a broad array of fundamental rights. Provisions of Saudi Arabia’s new terrorism regulations that deny any ability to exercise basic rights of peaceful assembly, association, and expression greatly exceed any notion of justifiable restrictions, Human Rights Watch said.

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412