Before the third round of the Human Rights Dialogue between the European Union and Saudi Arabia on November 28, 2023, human rights organizations, including Human Rights Watch and the European Saudi Organization for Human Rights, urged the European Union to reconsider the focal points of the dialogue, specifically the Saudi Human Rights Commission.
The organizations released a report titled "Saudi Human Rights Commission: A Whitewashing Tool for the Kingdom," providing substantial evidence that the commission serves as a tool to conceal Saudi Arabia's poor human rights record and cover up serious violations. The report also analyzes the legal framework, composition, partnerships, and procedures of the commission, raising serious concerns about its independence and effectiveness.
Established in 2005, the Saudi Human Rights Commission aims to protect and enhance human rights within the Kingdom. It is tasked with addressing complaints, participating in legislative work, and monitoring places of detention, claiming to be an independent entity capable of holding the government accountable for human rights violations.
However, the standards of independence and neutrality set by the Paris Principles, mandatory for national human rights institutions seeking accreditation from the Global Alliance of National Human Rights Institutions (GANHRI), appear unmet by the Saudi Human Rights Commission. The commission has never sought such accreditation despite previous commitments from Saudi authorities to make it pursue accreditation and effectively adhere to the Paris Principles.
The commission's independence is further jeopardized by submitting its reports exclusively to King Salman and directly appointing its members by the king. Additionally, many members have close relationships with the government.
In recent years, the commission played a central role in presenting an inaccurate picture of the dire situation in Saudi Arabia. It failed to condemn the significant shrinkage of civil space, the repression of any form of public opposition since Crown Prince Mohammed bin Salman's rise to power, and practices such as enforced disappearance, torture, and arbitrary detention.
The commission praised the Saudi authorities for the outcome of the trial on Jamal Khashoggi's murder, portraying it as evidence of the judiciary's neutrality. This is in contrast to reports indicating the opposite from the former Special Rapporteur on extrajudicial, summary, or arbitrary executions. The commission publicly denied the Saudi government's involvement in the heinous crime, calling it a "regrettable incident."
The commission's denial of such violations is even more apparent concerning women's rights. It consistently denied the targeting of women human rights defenders, presenting a progressive image of women's rights in the country. In November 2018 and January 2019, members of the commission visited Loujain al-Hathloul, who had been tortured during detention by high-ranking officials. However, they failed to address her claims, participating instead in covering up these violations and praising Saudi reforms.
A similar issue arose with Salma Al-Shahab, who was sentenced to 27 years in prison for posting tweets calling for reforms in the field of women's rights in the Kingdom of Saudi Arabia. Members of the commission, including the current president Hala Al-Tuwaijri, visited her in prison in June 2023. During the visit, Al-Tuwaijri simply ignored all the concerns expressed by Al-Shahab, including the fact that she has not seen her children since her arrest two and a half years ago in January 2021.
Despite the surge in executions to record levels in Saudi Arabia, the commission continued to claim that authorities no longer execute minors, contradicting the reality. In 2021, Mustafa Hashem al-Darwish was executed for his participation in protests as a minor, and currently, nine well-known individuals await execution for similar actions committed while still minors.
Despite these shortcomings, there has been increasing regional and international engagement with the Saudi Human Rights Commission, presenting itself as a negotiable partner in human rights issues in Saudi Arabia. The United Nations High Commissioner for Human Rights and other UN agencies, as well as the European Union, have collaborated continuously with the commission, even though it cannot operate neutrally and independently.
The organizations concluded that "continuing to consider it as a negotiable entity and engaging in future programs only allows the commission to exploit such initiatives and continue to serve as a tool in the hands of the Saudi government to whitewash heinous crimes." They urged all EU member states, the United Nations, and UN bodies to suspend all multiparty dialogues with the commission until it proves its ability to effectively and independently address the human rights situation in Saudi Arabia.
The organizations hope that through this report, all entities participating and collaborating with the commission understand that their engagement contributes to its recognition while continuing to act as a tool for the Saudi government to whitewash atrocious crimes.