The United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) on the 10th of December 1948, marking this date the international Human Rights Day. The UDHR is a document of the inherent rights and freedoms of all human beings, holding the world record of the most translated document. Despite this, the universality of human rights remains to be a subject of debate, as humans across the world do not possess the same rights, and in many countries can be prosecuted for pronouncing these rights despite their inalienability.
International human rights law lays down rules which governments are bound by, including treaties and conventions that preserve human rights obligations. These include the International Covenant on Civil and Political Rights 1966 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR), the two covenants alongside the UDHR make up the International Bill of Human Rights. Other important treaties which will be discussed include the Convention on the Elimination of All Forms of Discrimination Against Women 1979 (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT), Convention on the Rights of the Child 1990 (CRC) and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990 (CMW).
Muwatin recognises the indivisible human rights as stated under international law. In light of this day, we consider the human rights situation in the Gulf Cooperation Council (GCC) states (Oman, Saudi Arabia, the United Arab Emirates, Bahrain, Kuwait, Qatar) and in Yemen, and the status of which each country respects, upholds and protects human rights law with regards to the aforementioned treaties.
Civil and Political Rights
The ICCPR includes very important provisions on the dignity of human life, such as freedom of religion, freedom of speech, freedom of assembly, gender equality, due process and other rights which are inherent to every human being. Only four countries of those at discussion are parties to the covenant, Bahrain, Kuwait, Qatar and Yemen. Yet, those countries had reservations on certain provisions on the basis of contravening with Islamic Sharia, questioning the impact of ratification.
Economic, Social and Cultural Rights
The ICESCR includes provisions that commit its parties to grant and uphold economic, social and cultural rights. The core provisions include labour rights, right to social security, right to health, education and other rights. As the ICCPR, Bahrain, Kuwait, Qatar, Yemen as well as Oman have ratified the covenant, but similarly have reservations on certain provisions.
Gender discrimination
Gender inequality is highly visible in the Arab world. In countries, such as the GCC states, where regimes are autocratic and political participation is absent, the law suffers from large gaps in formulating and enforcing legal rights to protect women. CEDAW is instrumental in shedding light on the several areas where women are denied the same rights as men. All seven countries at discussion have ratified the convention. The six GCC countries all have similar reservations, mainly on provisions concerning marriage, inheritance, citizenship as these have been argued to conflict with Islamic family law. Yemen held reservations to article 29, paragraph 1 relating disputes on the application or interpretation of the Convention. Nonetheless, women in all the seven countries suffer from political exclusion and oppression.
Torture, inhuman and degrading treatment
The United Nations CAT aims to prevent torture and other forms of ill-treatment. It requires states to undertake necessary measures to ensure no individual is subjected to torture or degrading treatment or punishment. All seven countries have ratified the convention, however the six GCC states have held reservations on certain provisions.
Migrant worker’s rights
Foreign nationals make up the majority of the population in the six GCC states, with migrants in these countries making up over 10% of all migrants globally. However, the absence of democracy, political rights and participation worsens the situation for foreigners, many of whom are in low-skilled labour. Migrant workers face many challenges and difficulties and are not guaranteed political or worker rights. The CMW aims to protect the rights of migrant workers through ensuring equal treatment, good working conditions, and to prevent the abuses and exploitation that migrant workers face. Unfortunately, none of the countries at discussion have acceded or ratified the CMW, making the circumstances that migrants face in these countries much worse.
Children’s rights
The CRC covers the civil, political, economic, social and cultural rights of children around the world. Children are some of the most vulnerable groups in society, and in many countries face oppressive practices ranging from female genital mutilation, violence, armed conflict, trafficking and child marriage. The convention sets to protect children from such oppressive practices especially in countries where domestic laws have not yet been formulated to protect them from such harmful acts. All seven countries at discussion have ratified the CRC.
Saudi Arabia
Saudi Arabia is consistently ranked amongst the worst countries in the annual survey by Freedom House on political and civil rights. It is not a party to the ICCPR or ICESCR.
Political parties, trade unions, political assembly and association are banned. This leaves very little, if any, room for criticism or expression of the political, economic and social situation in the country. The state has faced tremendous criticism for the constant arrests, disappearance and executions of political dissidents and opponents. The 2014 counter-terrorism law has been criticised as including vague and broad language and has been used to prosecute political activists and critics, suppressing dissent using a mask of ‘fighting terrorism’.
The Anti-Cyber Crime Law is used to silence and sentence individuals who exercise their right to freedom of expression, such as tweets that question government policy and action. Freedom of expression, speech and belief is almost non-existent in Saudi Arabia. Censorship is a widespread issue, with many individuals arrested for posting content deemed offensive or critical, making free press also non-existent.
Saudi Arabia has ratified the United Nations CAT, however torture remains a widespread issue. A UN panel found that Saudi Arabia had been using anti-terror laws to justify torture against prisoners. Torture is also used to extract confessions used in unfair trials, often in secret criminal courts. The state uses the death penalty for a wide range of crimes, many of those executed are of the Shia minority, demonstrating the sectarianism in the country.
The state ratified CEDAW and in recent years has attempted to implement change to women’s position in the country. However, this has been accused as part of the regime’s attempts to whitewash its prevalent human rights violations. Although a huge success in 2018 in finally allowing women to drive in Saudi Arabia, women still face discrimination in many areas in life. This includes the guardianship system, discrimination in marriage, passing of nationality, inheritance and domestic violence. Although the state has attempted to grant gender liberation through lifting the driving ban and allowing women to join army and military professions, many provisions of CEDAW remain to be violated. Women activists remain in Saudi prisons suffering from sexual abuse and ill-treatment. Women are denied basic rights granted to men, using the repeated justification of being inconsistent with Islamic law.
United Arab Emirates
Similarly to Saudi Arabia, the UAE has not ratified the ICCPR nor the ICESCR. As with the other Gulf countries, political assembly and association is banned. Activists who call for reform and political participation are arrested and imprisoned. Freedom of expression and speech is significantly restricted, and any criticism of the government or royal family is silenced and punished.
Despite the UAE’s ratification of UNCAT, torture and ill-treatment in prisons is used against peaceful dissidents and political opponents. Forced disappearances have also increased. Such violations are practiced against both Emirati and foreign nationals. The UAE also runs secret prisons in Yemen, where prisoners and tortured and forcibly disappeared. Amnesty International reported that such violations amount to war crimes.
The treatment of foreign nationals in the UAE, where around 90% are non-citizens, has been heavily criticised. Many of whom do not possess political or labour rights and face ill-treatment. This increased during the COVID-19 pandemic and the lockdown restrictions where many labourers were unable to make a living or lost their jobs. Increased pressure by the international community on the UAE to ratify the CMW may help improve the harsh situation faced by many of the migrant workers in the country, especially considering it hosts the fifth largest migrant population in the world. Migrant workers have virtually no legal rights, and risk deportation and a one-year ban on return to the UAE if engaged in strike action.
Women face similar restrictions to practice their basic rights and freedoms. Despite ratification to CEDAW, women do not have equal rights as men, including on issues of marriage, guardianship, divorce, inheritance and child custody, which are in line with the same gender inequality issues in the Gulf states.
Oman
Oman’s work relating the Convention on the Rights of the Child (CRC) is described as its best work in relation to UN human rights. However, it remains lacking in other areas of human rights, specifically those fundamental to human life. Oman has not ratified the ICCPR, leaving civil and political rights, the most basic and fundamental rights inherent to individuals, unaddressed. Similarly to the other Gulf countries, freedom of expression and speech is almost non-existent in Oman. Many individuals, such as poet Al-Badri, were imprisoned due to tweets which criticised the Sultan or the economic and political situation in the country. Moreover, trivial things such as tweets or books can lead to arbitrary arrest and enforced disappearance, completely restricting freedom of the press and expression. Rather, article 48 of the Omani Basic Law deems the Sultan ‘inviolable’ of any criticism or disfavour, which contradicts the ICCPR protecting freedom of speech and expression.
Oman ratified the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (UNCAT). However, torture remains present in the country’s prisons. The regime resorts to extreme measures of mock executions, extreme temperatures, insanity and violence. During the May 2021 protests, peaceful demonstrators were met with violence and arbitrary arrests which limits political freedoms of assembly and association and is rather criminalised under article 116 of the Omani Penal Code.
In 2006, Oman acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Since 2008, women possess the same property rights as men, and a report conducted in 2012 found that a law passed in 2008 stipulated men and women’s legal testimonies as equal. Although an improvement, Oman maintained reservations on article 9, paragraph 2 (granting women equal rights with respect to nationality of children), article 16 (on marriage and family relations) and article 29, paragraph 1 (arbitration of disputes between states over the terms of CEDAW). Women in Oman face greater difficulties with regards to marrying a non-Omani, and the passing of citizenship to children. These rights are enjoyed more freely by Omani men, showing clear discrimination against women, justified on the grounds of Islamic Sharia.
In 2020, Oman ratified the ICESCR with reservations on article 8, paragraph 1, subparagraphs (a) and (d) on the right to form trade unions and the right to strike. The Omani Centre for Human Rights also notes how the state has banned cultural initiatives, and criminalised forming independent civil and political groups or activities; challenging the extent to which ratification of the ICESCR actually protects and upholds economic, social and cultural rights in Oman.
Bahrain
Despite Bahrain’s ratification to the ICCPR, the civil and political rights situation is extremely controversial. The Bahraini government continues to restrict freedom of expression, speech and assembly through unlawful measures. Violations committed by the regime include arbitrary arrest, enforced disappearance, death sentences and torture.
Article 6 of the ICCPR states that the death penalty is to be restricted only to the ‘most serious crimes.’ Yet, the sentence has been used against political activists and dissidents who pose a threat to the autocratic regime, including two pro-democracy activists who were convicted of killing a policeman despite concern of confessions being obtained through torture. The death penalty in Bahrain is used arbitrarily, using unfair trials and procedures in upholding death sentences, leaving Bahrain and states which have not ratified the ICCPR, alike.
Bahrain also ratified the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT). It is argued that Bahrain has one of the highest numbers of political prisoners in the Gulf exceeding 5000 prisoners, where the prison treatment is described as the worst in the Gulf. Prison conditions are deplorable; ill-treatment, overcrowding, medical negligence, torture till death and forced confessions, violating article 7 of the ICCPR prohibiting inhuman and cruel treatment.
During the 2011 uprisings, the demonstrations in Bahrain consisted of mostly the Shia majority, posing a threat to the Sunni ruling monarchy. Over 3,000 people were imprisoned which included some of Bahrain’s most prominent activists. This leads to the discriminatory pattern in imprisonment, torture and executions in the country against the Shia majority as well as the revocation of citizenship and the added oppression faced by Shia groups; all of which violate the equal rights granted by the international laws and treaties that Bahrain has supposedly ratified.
Qatar
Qatar ratified the ICCPR in 2018 with similar reservations to the other Gulf countries. The reservations were similar to those in Bahrain and Kuwait, undermining the extent to which ratification has improved the human rights situation. Reservations include article 23.4 on marriage and dissolution, and article 3 (equal rights of men and women). Moreover, Qatar interprets provisions on marriageable age (article 23.3), forming of trade unions (article 22), freedom of religion and belief (article 18) and the protection of religious minorities’ rights (article 27) as guided by Islamic Sharia, and in the case of conflict, Sharia prevails.
As other GCC countries, Qatar’s sponsorship laws ‘kafala system’, have been described as modern-day slavery. Qatar has not ratified the CMW, leaving migrant workers at extremely vulnerable circumstances. In 2020, Qatar announced that workers can now change jobs without their employer’s permission and removed the exit permit requirement. Although a significant improvement, workers still face certain difficulties; they are not allowed to join trade unions and face structural discrimination. The bad situation came to light during the construction of the World Cup stadium, where around 100 migrant workers employed for construction worked for months without pay, and had outstanding salaries at the end of the year.
The state uses cyber-law crimes to restrict freedom of speech and expression, granting the authorities legal cover to punish ‘content that may harm the country’.
Women rights in Qatar face the same issues as in the other Gulf countries. Although a party to CEDAW, women in Qatar face discrimination in law and practice. The UN Working Group on Arbitrary Detention found that women under the age of 25 are not allowed to do activities such as signing contracts or leaving the country, without the male guardian’s permission. Although a significant improvement in labour force participation for women in Qatar, they still face oppressive restrictions in other areas of life, such as family law, guardianship, marriage and divorce.
Kuwait
Kuwait is party to several international human rights law treaties, including the ICCPR, ICESCR, CAT and CEDAW. Yet, the issue of the ‘Bidoon’ (without Nationality) is a huge topic of concern and faces significant attention from international human rights organisations. Statelessness in Kuwait remains to be a crucial matter and many critics have linked it to issue of sectarianism.
Nationality laws in Kuwait have been criticised as being heavily political. It is reported that 60-80% of Kuwait’s Bidoon are Shia, reflecting the sectarian oppression exercised by the government. Bidoon individuals face numerous restrictions in their everyday lives, including free primary and higher education, employment, travel, documentation as well as discrimination in wider society, all of which directly contradict provisions of the ICCPR and non-discriminatory treaties in international law.
Despite achievements with regards to women’s status in Kuwait and ratification of CEDAW, women still face barriers in all areas of life, particularly with regards to family law. Kuwait’s reservations to CEDAW included article 9, paragraph 2 (women’s right to pass nationality to their children), and article 16 (f) (equal rights regarding guardianship, wardship, trusteeship and adoption). These were argued as conflicting with Islamic Sharia.
The UN Human Rights Committee published a review of Kuwait’s adherence to the ICCPR. This report found that the state has failed to meet its obligations with regards to the covenant, especially in relation to freedom of expression, freedom of assembly and association, discrimination against women, LGBT, the Bidoon and migrant workers. The HRC also noted the state’s violations in arbitrary arrests, detentions and torture. Free press remains to face obstacles. The state uses blasphemy laws and the Cybercrime laws 2015 to stifle dissent and opposition. Article 6 of the cybercrime law criminalises criticising the Emir and religious figures on the internet. It also prohibits criticising the judicial system or leaders in other countries that may disrupt Kuwait’s foreign relations; since 2015 at least six people were charged for tweets criticising Saudi Arabia. Article 7 punishes up to ten years in prison for online acts or publication that call for overthrowing the regime. Such laws that target political activists, critics and bloggers violate the freedoms protected by the ICCPR, which Kuwait has ratified.
Yemen
Yemen is party to the ICCPR, ICESCR, CAT, CEDAW, CRC and the CERD. However, the state continued to commit a series of violations, which worsened after the 2015 Saudi-led coalition; all parties to the conflict violate human rights law.
All parties of the conflict suppress freedom of expression through enforced disappearances and arbitrary detention. The Baha’i community in Yemen faced significant threat after the Houthis seized Sanaa. They have been targeted, persecuted, imprisoned and denied due process.
Yemen is a signatory to CAT and criminalises all forms of torture in its constitution (article 47, paragraph b). The legitimate government, the Southern Transitional Council and the Houthis all detain and torture individuals for their political affiliations and activism. This also includes the secret prisons in Aden run by the UAE, where prisoners are abducted and heavily tortured. Houthi forces continue to target journalists, activists and dissidents who speak out against their repressive practices. Women’s rights also worsened after the war. Gender based violence is overlooked, women activists are imprisoned and development initiatives designed to improve women’s rights before the war, have regressed.
With the ongoing war, Houthi forces have been reported to recruit young boys as young as 15 to join in to fight against Saudi Arabia. The Houthi groups also run local sermons and lectures to encourage and convince boys to defend their country and go to battle. Reports note that a child is taken from each family, and if one dies, a monthly allowance is paid to the family in compensation. Such abuses grossly violate the CRC, which Yemen is a party to.
