The Universal Periodic Review of Saudi Arabia under the Second Cycle
6. In its state report before its previous UPR, Saudi Arabia did not comment on the issue of stateless
communities in its territory, neither did it directly address gender discrimination that exists in its
nationality law. It did however elaborate on the efforts the State has made with regards to the situation
of children of women married to non-nationals. Paragraph 56 of the report explained the various rights
now afforded to children and spouses of Saudi women:
‘Saudi women married to non-nationals: Pursuant to Cabinet Decision No. 406 of 12 November
2012, approval was given for the sponsorship of children of Saudi women married to nonnationals to be transferred to their mother if they are resident in the Kingdom. If they are abroad,
their mother is entitled to send for them and the State shoulders the cost of their resident permits.
They are also permitted to work in the private sector without any transfer of the sponsorship.
They receive the same schooling and medical treatment as any Saudi and are included in the
Saudization percentages for the private sector. Saudi women married to non-nationals are
further permitted to bring their spouse to the Kingdom if he is abroad or, if he is resident in the
Kingdom and so wishes, to have his sponsorship transferred to her.’ 5
7. Several countries made general recommendations to Saudi Arabia with regard to the promotion of
gender equality and elimination of gender discrimination, but none specifically mentioned gender
discrimination in nationality laws. With regard to statelessness, Mexico recommended that Saudi Arabia
should ‘Consider positively the ratification of the conventions on enforced disappearance, the migrant
workers, refugees, statelessness and the reduction of cases of statelessness, and the Optional Protocol to
CAT.’ Saudi Arabia did accept this recommendation, but did not follow up with any remedial steps.
Unfortunately, there were no other statelessness related recommendations.6
Saudi Arabia’s International Obligations
8.
The gaps in law and policy that are detailed below, specifically in Saudi Arabia’s current Citizenship Act,
and the challenges that many individuals and groups face in obtaining their right to a nationality, are in
clear violation of the international obligations of Saudi Arabia.
9.
The state has not ratified the International Covenant on Civil and Political Rights (ICCPR) or the
International Covenant on Economic, Social and Cultural Rights (ICESCR). The state is also not party to
the 1954 and 1961 UN Statelessness Conventions, or the 1951 Refugee Convention and its Protocol.
10. However, Saudi Arabia, as a Member of the United Nations is obligated by the Charter of the United
Nations to promote “universal respect for, and observance of, human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion”.5 Also, Article 15 of the UDHR states that
“everyone has the right to a nationality” and “no one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality”.
5
A/HRC/WG.6/17/SAU/1
https://www.uprinfo.org/database/index.php?limit=0&f_SUR=149&f_SMR=All&order=&orderDir=ASC&orderP=true&f_Issue=All&searchReco=&resultM
ax=300&response=&action_type=&session=&SuRRgrp=&SuROrg=&SMRRgrp=&SMROrg=&pledges=RecoOnly
6