VZCZCXRO7031
OO RUEHDE RUEHDH RUEHDIR
DE RUEHRH #1561/01 3281236
ZNR UUUUU ZZH
O 241236Z NOV 09
FM AMEMBASSY RIYADH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1984
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE IMMEDIATE
RUEHDH/AMCONSUL DHAHRAN IMMEDIATE 0349
RUEHJI/AMCONSUL JEDDAH IMMEDIATE 0457

UNCLAS SECTION 01 OF 04 RIYADH 001561 
 
SENSITIVE 
SIPDIS 
 
NEA/ARP JHARRIS AND JBERNDT, G/TIP, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM SA
SUBJECT: SAG ATTEMPTING TO TACKLE HUMAN TRAFFICKING 
 
REF: A. RIYADH 984 
     ¶B. RIYADH 1127 
     ¶C. STATE 71880 
 
RIYADH 00001561  001.2 OF 004 
 
 
SUMMARY 
-------- 
 
¶1. (SBU)  In meetings on October 20 and November 16, 
President of the Human Rights Commission Dr. Bandar al-Aiban, 
who chairs the Permanent Committee created to oversee the 
SAG's anti-human trafficking efforts, confirmed that a formal 
action plan would be launched in January, including a 
campaign to raise public awareness about human trafficking. 
Al-Aiban said that the biggest hurdles to progress included 
ignorance of potential victims regarding their rights, and 
harmonizing the new law's terminology with Shari'a law.  He 
welcomed assistance to further the SAG's efforts in combating 
human trafficking.  Update summarizing Saudi progress on TIP 
Action Plan begins at paragraph 11, with an action request at 
paragraph 11.G.1.  End Summary. 
 
 
ANTI-TRAFFICKING A TOP PRIORITY 
------------------------------- 
 
¶2. (SBU)  In an October 20 meeting with visiting Saudi Arabia 
desk officer Jeremy Berndt and a November 16 meeting with 
Poloffs and Department of Homeland Security Immigration and 
Customs Enforcement officials (DHS-ICE), President of the 
Human Rights Commission (HRC) Dr. Bandar al-Aiban emphasized 
how proud he was of Saudi Arabia's new Human Anti-Trafficking 
law, asserting that it is "an advanced law tough on those 
convicted of human trafficking."  Noting that human 
trafficking is his "top priority," al-Aiban claimed that the 
Permanent Committee created to oversee the SAG's anti-human 
trafficking efforts had been given sufficient resources to 
carry out its mandate. 
 
¶3. (SBU)  HRC is tasked with playing the lead coordinating 
role for the Permanent Committee, and is chaired by al-Aiban. 
 The Committee also includes representatives from the 
Ministries of Interior, Justice, Labor, Culture and 
Information, Foreign Affairs, and Social Affairs.  Al-Aiban 
believes that inter-agency cooperation is "extremely 
important" in the promulgation of the new law and raising 
public awareness.  According to al-Aiban, the SAG is "using 
all possible means" to combat human trafficking. 
 
¶4. (SBU)  Per al-Aiban's request, each ministry represented 
on the Committee is required to produce a report on how that 
ministry is ensuring the implementation of the new law as 
well as compiling relevant cases and statistics. (Note: 
Al-Aiban says he gave each ministry a one week deadline. 
Some of the ministries had already completed their report 
which al-Aiban showed to Emboffs.  End Note.)  Upon 
completion, the various reports will be compiled into a 
single report, which al-Aiban asserted to Emboffs would be 
made available to all embassies by January.  Al-Aiban claimed 
he wanted to ensure our Embassy received as much 
hard-evidence of SAG human anti-trafficking efforts and 
statistical data prior to the drafting of the 2010 
Trafficking In Persons (TIP) Report. 
 
 
KINGDOM-WIDE AWARENESS 
CAMPAIGN SET FOR JANUARY 
------------------------ 
 
¶5. (SBU)  Additionally, the Permanent Committee is working on 
a national "action plan" which will be finalized in December 
and put into action in January to jump-start SAG efforts to 
combat human trafficking through workshops, training programs 
targeting law enforcement, judicial officials, and social 
workers, as well as public awareness campaigns targeting the 
public. 
 
¶6. Coinciding with the various human trafficking public 
awareness campaigns proposed in the action plan, a four year, 
country-wide human rights awareness program approved by the 
King will also kick-off in January.  Officially referred to 
as the Human Rights Culture Promulgation Program, this 
program will use all channels of mass media (TV, radio, 
print, and education) to expand the notion of human rights in 
Saudi Arabia.  This program, like the Permanent Committee, 
will be based on inter-agency cooperation and communication. 
 
 
CHALLENGES TO OVERCOME 
 
RIYADH 00001561  002.2 OF 004 
 
 
---------------------- 
 
¶7. (SBU)  Although al-Aiban was pleased with the SAG's 
efforts thus far to combat human trafficking, he was also 
quick to acknowledge that results would not be visible 
overnight, and that the SAG was prepared to continue its 
efforts long-term.  Al-Aiban said the first major challenge 
was the ignorance among many, if not most potential victims 
of trafficking victims.  Domestic workers, in particular, 
were generally not aware of their rights and the resources 
available to them if they became victims.  As a result, many 
victims did not come forward.  Al-Aiban hoped that the public 
awareness campaigns the SAG will begin to roll-out in January 
would reduce this problem. 
 
¶8. (SBU)  Another challenge al-Aiban addressed was the 
terminology contained in the new law.  Under Shari'a, human 
trafficking was illegal, but the cases were usually 
prosecuted under different criminal statutes rather than as 
human trafficking crimes per se.  The differences in 
terminology were very technical stated al-Aiban, but the HRC 
planned to conduct workshops for judges and prosecutors to 
help them better understand the new law's legal terminology 
and how it correlates to Shari'a terminology.  Additionally, 
the Permanent Committee appointed Nasser Shahrani, a lawyer 
who worked at the Prosecution and Investigation Board for 15 
years, to review and identify cases that were prosecuted 
under Shari'a law, but that fell into the human trafficking 
category.  According to al-Aiban, the SAG wanted to 
demonstrate that it had been prosecuting cases of human 
trafficking before the new law was passed. 
 
¶9. (SBU)  Al-Aiban denounced the practice of employers 
withholding passports, and asserted that withholding 
passports is illegal in Saudi Arabia.  (Note: Although 
supposedly illegal, the practice of withholding passports is 
widespread, particularly with domestic workers.  End Note.) 
Al-Aiban acknowledged, however, that increased public 
awareness was critical in curbing this widespread illegal 
practice, and emphasized the SAG's need to do a better job of 
informing domestic workers of their rights.  He discussed a 
new campaign to notify domestic workers of their rights prior 
to and upon their arrival in Saudi Arabia via informational 
booklets that would be distributed in various languages. 
However, he did not mention when this campaign would be 
launched. 
 
 
ASSISTANCE WELCOMED 
------------------- 
 
¶10. (SBU)  Al-Aiban welcomed outside assistance, particularly 
from DHS-ICE. He also concurred with the idea that human 
trafficking is a global issue and therefore, any solution 
demands that countries work together and share information 
and best practices.  Currently, DHS-ICE is planning a 3-day 
human trafficking workshop in conjunction with Naif Arab 
University (reftel B) which al-Aiban was aware of and fully 
supports. He also encouraged additional training programs and 
workshops where outside experts could be utilized, and was 
supportive of the Embassy's initiative in developing a 
voluntary visitor exchange program in February for high-level 
SAG officials involved in combating human trafficking. 
(Note: This program is also being coordinated in cooperation 
with Naif Arab University.  End Note.)  Post plans to 
continue discussions with al-Aiban and the HRC on potential 
anti-trafficking training and technical assistance 
opportunities. 
 
 
SAUDI PROGRESS TO DATE ON TIP ACTION PLAN 
----------------------------------------- 
 
¶11. (SBU)  Al-Aiban and others referred repeatedly to Saudi 
Arabia's Tier 3 ranking in the 2009 Trafficking In Persons 
Report, suggesting that the unfavorable ranking was a primary 
motivation behind the SAG's new push to combat human 
trafficking.  The new law, and the first steps to implement 
it are positive developments.  Below is Post's assessment of 
how these developments relate to the 2009 TIP Action Plan 
(reftel c). 
 
  ¶A. INCREASE NUMBER OF CRIMINAL PROSECUTIONS 
 
The new anti-trafficking law defines and criminalizes human 
trafficking for the first time.  Although the Saudi 
government asserted that Shari'a law could be used to 
prosecute trafficking offenses, in practice there have been 
 
RIYADH 00001561  003.2 OF 004 
 
 
no prosecutions that the Embassy is aware of to date. 
Al-Aiban claimed that a report would be made available to the 
Embassy in January 2010 that contains statistics on TIP 
prosecutions.  Additionally, al-Aiban indicated that training 
judges and prosecutors in the new legal terminology of the 
anti-trafficking law and how it correlates to Shari'a 
terminology, is a key priority. 
 
The law does not specifically note the common practice of 
passport holding and exit-visa denial present in most 
trafficking cases in the Kingdom and therefore, the actual 
cases prosecuted under the new legislation may be limited. 
The law does not secure the rights of victims to remain in 
Saudi Arabia during the investigation and court proceedings, 
a circumstance which may further impede the chances of seeing 
any actual convictions. 
 
 
  ¶B. TAKE STEPS TO DEVELOP AND IMPLEMENT A FORMAL PROTOCOL TO 
IDENTIFY TRAFFICKING VICTIMS 
 
The Permanent Committee is currently drafting a comprehensive 
strategy which includes a systematic process to identify all 
types of trafficking victims.  (Note: This is part of the 
national "action plan."  End Note.)  Al-Aiban indicted that 
the Saudi government is very interested in U.S. assistance in 
developing victim identification programs and training law 
enforcement and social services personnel.  DHS-ICE will 
conduct a 3-day TIP workshop December 14-16 at Naif Arab 
University.  (Note:  Although Naif Arab University is an Arab 
League institution, many SAG officials will participate in 
this workshop.  End Note.)  DHS-ICE has also discussed 
further training programs with al-Aiban, which would directly 
engage the SAG in anti-trafficking training programs, 
including victim identification.  Post is looking into 
additional opportunities for assisting the SAG in developing 
and implementing their comprehensive TIP 
victim-identification strategy. 
 
 
  ¶C. DRAFT AND TAKE STEPS TO ENACT A COMPREHENSIVE 
ANTI-TRAFFICKING LAW 
 
The Saudi government enacted a comprehensive anti-trafficking 
law in July 2009 which broadly defines and prohibits 
trafficking in a way that could potentially be used to 
prosecute a wide variety of offenses.  (Note: This law became 
effective 90 days from its official publication.  End Note.) 
The Permanent Committee was created to oversee the 
implementation of the new law and subsequent SAG efforts to 
combat human trafficking.  The Committee is chaired by HRC 
President al-Aiban, and includes representatives from the 
Ministries of Interior, Justice, Labor, Culture and 
Information, Foreign Affairs, and Social Affairs.  Currently, 
the Committee is drafting a national "action plan" to 
jump-start SAG efforts to combat human trafficking. 
Additionally, key officials from these ministries have been 
invited to participate in a State Department Voluntary 
Visitor (VOLVIS) program in order to expose these influential 
SAG officials to U.S. efforts to combat human trafficking. 
 
 
  ¶D. ENSURE THAT TRAFFICKING VICTIMS ARE NOT DETAINED OR 
PUNISHED FOR ACTS COMMITTED AS A RESULT OF BEING TRAFFICKED 
 
The Permanent Committee is responsible for follow up on 
victims of human trafficking to ensure that the victims are 
not harmed or punished for acts committed as a result of 
being trafficked.  Additionally, the Committee can make 
recommendations to allow victims to remain in the Kingdom or 
will coordinate repatriation of such victims to their 
countries. 
 
 
  ¶E. CONTINUE TO CONDUCT A BROAD PUBLIC AWARENESS CAMPAIGN 
 
As part of the new national action plan, a revamped public 
awareness campaign is planned, and will kick-off in January 
according to al-Aiban.  No further details were given, 
however.  There will also be a new campaign to notify 
domestic workers of their rights prior to and upon their 
arrival in the Kingdom via informational booklets, although 
al-Aiban did not mention when this campaign would be 
launched.  Coinciding with targeted TIP public awareness 
programs will be a four year, country-wide human rights 
awareness program. Al-Aiban indicated that the Saudi 
government is interested in developing new public awareness 
programs in cooperation with the U.S. government.  Post is 
 
RIYADH 00001561  004.2 OF 004 
 
 
looking into potential collaborative opportunities. 
 
 
  ¶F. TAKE STEPS TO REFORM OR ELIMINATE THE CURRENT LABOR 
SPONSORSHIP SYSTEM 
 
The Shura Council passed a new domestic workers rights law in 
July - something that has been under discussion for years. 
Shura Council resolutions are non-binding until passed by the 
Council of Ministers and implemented by Royal Decree to have 
the force of law.  At present, the current protections for 
workers offered under the Labor Law do not apply to domestic 
workers.  Although the new draft law does not eliminate the 
labor sponsorship system, it proposes significant reforms to 
increase the rights and protections of workers and includes 
penalties against abusive employers. 
 
  ¶G. TAKE STEPS TO ENSURE THE FREEDOM OF MOVEMENT OF ALL 
LABORERS 
 
Although the Saudi government requires exit visas for all 
foreigners, this policy creates a major hardship for laborers 
and in particular, domestic workers by restricting their 
movement in and out of the country.   Currently, the exit 
visa policy is not under discussion, and the Saudi government 
is unlikely to change this policy in the near future. 
Additionally, the widespread practice of employers 
withholding passports creates an additional impediment 
towards free movement. 
 
  G.1  ACTION REQUEST: Post requests that Department provide 
examples of how the exit visa/passport holding issue has been 
addressed elsewhere, to allow us to approach the Saudi 
government on this important issue with credible examples of 
successful efforts at reform in other countries. 
SMITH