R 120750Z AUG 08
FM USMISSION GENEVA
TO SECSTATE WASHDC 7036
INFO AMEMBASSY RIYADH
USMISSION USUN NEW YORK

UNCLAS GENEVA 000679 
 
 
STATE FOR IO-RHS, DRL-MLGA, L-HRR 
 
E.O. 12958: N/A 
TAGS: PHUM UNHRC
SUBJECT: COMMUNICATION FROM SPECIAL RAPPORTEUR ON THE 
SITUATION OF HUMAN RIGHTS DEFENDERS 
 
 ¶1.  Mission has received a communication from the Special 
Rapporteur on the situation of human rights defenders.  This 
communication is number 34 on the Geneva 2008 Communications 
Log. 
 
¶2.  Begin text of letter.  Excellency, I have the honour to 
address you in my capacity as Special Rapporteur on the 
situation of human rights defenders pursuant to General 
Assembly resolution 60/251 and Human Rights Council 
resolution 7/8. 
 
     In this connection, I would like to bring to your 
Government's attention information I have received concerning 
Mr. Ali Al-Ahmed, a consultant, writer, news commentator, and 
scholar.  One of the focuses of his work is human rights 
violations in Saudi Arabia.  The harassment of family members 
of Mr. Ali Al-Ahmed was the subject of an urgent appeal sent 
by the Special Representative of the Secretary General on the 
situation for human rights defenders to the Government of 
Saudi Arabia on 20 July 2006. 
 
          According to information received: 
 
     Mr. Ali Al-Ahmed has not been granted permanent 
residency, renewed travel authorization or renewed employment 
authorization in the United States of America although he 
meets the full statutory requirements for all three 
applications to be approved.  He made the applications in 
November 1999, on 5 March 2008 and on 14 June 2004 
respectively.  Mr. Ali Al-Ahmed was granted asylum in the 
United States of America on 13 August 1998 and became 
eligible to apply for permanent residency one year 
afterwards.  Having been granted asylum he is also eligible 
for a Refugee Travel Document and had made successful 
applications for this document in 2000, 2001, and 2002. 
Having been granted asylum Mr. Ali Al-Ahmed requires an 
Employment Authorization Document to work in the United 
States of America.  He made successful applications for this 
document in 1996 and every year from 1998 until 2003. 
 
     When he applied for permanent residency Mr. Ali Al-Ahmed 
was told that his application would take 482 to 512 days to 
process.  More than eight years later his application has 
still not been processed.  When he applied for his Refugee 
Travel Document he was told that his application would take 
approximately 235 to 265 days to process.  More than five 
years later his application has still not been processed. 
When he applied for his Employment Authorization Card he was 
told that his application would take approximately 80 days to 
process.  More than four years later his application has not 
been processed. 
 
     Being unable to travel has an adverse effect on Mr. Ali 
Al-Ahmed's ability to work.  He has been unable to attend 
conferences and meetings in other countries.  Moreover, he 
has been unable to obtain grants for projects overseas. 
Although he has used all administrative means possible, Mr. 
Ali Al-Ahmed has been unable to complete his application 
process. 
 
     Concern is expressed that delays in Mr. Ali Al-Ahmed's 
application for permanent residency, to renew his travel 
document and to renew his employment authorization card 
impede his non-violent activities in defense of human rights. 
 
     While I do not wish to prejudge the accuracy of these 
allegations, I would like to refer Your Excellency's 
Government to the fundamental principles set forth in the 
Declaration on the Right and Responsibility of Individuals, 
Groups and Organs of Society to Promote and Protect 
Universally Recognized Human Rights and Fundamental Freedoms, 
and in particular articles 1 and 2 which state that "everyone 
has the right individually or in association with others, to 
promote and to strive for the protection and realization of 
human rights and fundamental freedoms at the national and 
international levels" and that "each State has a prime 
responsibility and duty to protect, promote and implement all 
human rights and fundamental freedoms, inter alia, by 
adopting such steps as may be necessary to create all 
conditions necessary in the social, economic, political and 
other fields, as well as the legal guarantees required to 
ensure that all persons under its jurisdiction, individually 
and in association with others, are able to enjoy all those 
rights and freedoms in practice". 
 
     Furthermore, I would like to bring to the attention of 
your Excellency's Government the following provision of the 
Declaration: article 5 a) which establishes that for the 
purpose of promoting and protecting human rights and 
fundamental freedoms, everyone has the right, individually 
and in association with others, at the national and 
international levels, to meet or assemble peacefully. 
 
     I urge your Government to take all necessary measures to 
guarantee that the rights and freedoms of the aforementioned 
person are respected and that accountability of any person 
guilty of the alleged violation is ensured.  I also request 
that your Government adopts effective measures to prevent 
recurrence of these acts. 
 
     Moreover, it is my responsibility under the mandate 
provided to me by the Human Rights Council, to seek to 
clarify all cases brought to my attention.  Since I am 
expected to report on these cases to the Human Rights 
Council, I would be grateful for your cooperation and your 
observations on the following matters: 
 
     ¶1.  Are the facts alleged in the above summary of the 
case accurate. 
 
     ¶2.  Please provide information on how prohibiting Mr. 
Ali Al-Ahmed's movement is compatible with international 
human rights norms and standards as contained in the 
International Covenant on Civil and Political Rights and the 
Declaration on Human Rights Defenders. 
 
     ¶3.  Please provide information on why there have been 
such delays on the processing of Mr. Ali Al-Ahmed's 
applications. 
 
     I would appreciate a response within sixty days. I 
undertake to ensure that your Government's response to each 
of these questions is accurately reflected in the report I 
will submit to the Human Rights Council for its consideration. 
 
     Please accept, Excellency, the assurances of my highest 
consideration. Margaret Sekaggya, Special Rapporteur on the 
situation of human rights defenders. End text of letter. 
 
TICHENOR 
 
 
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