The Saudi problem: can human rights ever trump trade?

“Are you proud of being Foreign Secretary of a country that trades with a country that actually crucifies people in public?”

Interviewer Jayne Secker had a point when she asked James Cleverly this on a Sky TV show last weekend.

The Foreign Secretary was quick to respond to the allegation.

“I have spoken with the Saudis about our long-standing principled position on the death penalty as I do with pretty much all countries around the world that maintain the death penalty. Saudi is…an important, influential country in the Middle East and it’s incredibly important that we maintain an ongoing bilateral relationship with Saudi. Some of that includes trade but also in terms of security counter-terrorism work…We have seen real changes over the last decade [but] I want to see those changes go further and faster.”

In its recently released 2021 Report, the FCDO points to progress in the country’s application of the death penalty – “only” 65 individuals were executed in 2021 and the FCDO reports this is a decrease from 184 executions in 2019. The FCDO suggested this may be related to death penalty reforms announced in 2020, including a moratorium on the death penalty for drug-related offences and ‘discretionary’ crimes committed by juveniles.

This ‘leniency’ has not lasted. In the year to the end of November 2022, 144 people had been executed including 81 on a single day in March.

Many argue that Saudi’s growing importance to the UK, particularly during the war in Ukraine is blinding the UK government to human rights abuses in the country – or at least giving them cover for their current level of inaction. Saudi Arabia is the UK’s 25th largest trading partner, accounting for £13.7 billion of imports and exports of goods and services. The figure is up 25.9% year on year, meaning that there will be pressure from the Treasury and the Prime Minister to keep relations cordial.  

The FCDO clearly has concerns about Saudi. In the report, it says of the country that “political space and freedom of expression remained severely restricted, and there remained a culture of self-censorship and fear”.

However, it recognised progress on women’s rights, citing the lifting of restrictions on female employment, the reform of guardianship laws and the release of prominent women’s rights defenders, including Loujain al-Hathloul.

One woman who has not been released is University of Leeds student Salma al-Shehab. It is now 23 months to the day since Salma was arrested when she returned from the UK, where she was studying for a PhD in dental hygiene, to Saudi to visit her family.

Salma had infuriated the Saudi regime solely for tweeting her support for Saudi women’s rights defenders like Loujain al-Hathloul. So while the release of Loujain al-Hathloul gave the Saudi regime a few positive lines in the FCDO report, other people, like Salma, remain in prison.

Salma was later sentenced by Saudi’s notorious Specialized Criminal Court (SCC) under various parts of the country’s Counter-Terrorism Law and the Anti-Cybercrime Law for “supporting those seeking to disrupt public order, undermining the safety of the general public and stability of the state, and publishing false and tendentious rumours on Twitter.

Her sentence is 34 years in prison, longer than the sentence that would be applied to a terrorist bomber or hijacker. Like other Saudi women who fall foul of the regime, Salma has also been slapped with a travel ban for a further 34 years following her sentence.

The FCDO promises it will do more.

In the report, it says: “The UK will continue to engage closely with the Saudi authorities, particularly in areas where there is real Saudi appetite for change such as judicial reforms, women’s rights and the death penalty. The UK will continue to raise individual cases of human rights concerns with Saudi counterparts at ministerial and official level and attempt to attend these trials.” Confirming that UK engagement will be potentially guided by “areas where there is real Saudi appetite for change” enables the regime to dictate terms and raises the obvious question – what will the UK do to increase that appetite to other areas of importance, such as reform of the SCC and ending the criminalisation of online free expression?  

The signs are not great.  A letter we sent to James Cleverly in October along with 13 other human rights organisations elicited a weak response from the Foreign Secretary’s office. Others are also not convinced by the FCDO’s promises to press the Saudis further. The London-based NGO ALQST, established in 2014 by Saudi Arabian human rights defender Yahya Assiri, has issued its own report, Human Rights and the UK-Saudi Relationship, in the past week.

In it, ALQST says the FCDO’s report gives “an unduly generous account of the Saudi leadership’s reform programme, and accepted several claims by the authorities that observers on the ground have strongly challenged”.

It goes on to make 17 recommendations to the UK government, including exerting public and private pressure on the Saudi Arabian authorities to improve their human rights record, including on thematic issues and, crucially, individual cases of concern.

It also calls for consular and embassy officials to continue to request access to relevant trial hearings such as those involving prisoners of conscience, and the UK government should press the Saudi authorities on the issue of court access in support of the right to a fair and open trial. The likelihood of this happening is remote. In a response to a written question tabled by Conservative MP Crispin Blunt on 19 March 2020, relating to the trial of Saudi women’s rights activists in particular, the Government said “The UK attends trials of international importance in all countries where permitted. The UK, along with other embassies in Saudi Arabia, has requested and been denied access to each and every trial we have been aware of since October 2018, with the exception of the trials for those involved in the killing of Jamal Khashoggi.”  

It has also called for the UK government to designate Saudi Crown Prince Mohammed bin Salman, who is on the shortlist for Index’s Tyrant of the Year poll, as an individual target for financial sanctions under the UK Global Human Rights regime.

However, the US Government’s decision to grant the prince sovereign immunity in the civil case over the murder of Khashoggi makes this recommendation seem like an exercise in wishful thinking as opposed to something with a genuine chance of success.

According to Cleverly, the UK government will not comment on incidents, instead prioritising actions. In his words “Britain has agency and leverage and we are using it to shape the course of events.” He is saying this at a time where a significant number of British citizens, or those connected to the UK, have been persecuted and detained by authoritarian states. This includes Alaa abd el-Fattah, imprisoned in Egypt, Jimmy Lai who is charged under Hong Kong’s National Security Law, as well as Index award-winner, Sophia Huang Xueqin, who, while not a British citizen, was selected for a Chevening Scholarship prior to her arrest and disappearance in China. While it was hoped that the UK government had learnt lessons from what happened to Nazanin Zaghari-Ratcliffe, whose detention in Iran was arguably prolonged by UK government actions, this frailty at the heart of the UK’s foreign policy sends a powerful signal to those seeking to silence British citizens – you can do so with very little resistance from the UK government. It also tells British journalists, researchers, academics or anyone who expresses themselves online, please do not depend on us.

If there is a single case where the UK government could really prove its intention to hold Saudi Arabia and others to account when it comes to human rights, it is that of Salma al-Shehab. It is a case where the alleged crime took place in the UK. If James Cleverly really wants to send a message to the country’s leaders that the relationship between the two countries isn’t just about trade, he should call for her immediate release.

Questions that Sunak should have asked Mohammad bin Salman at G20…(but probably didn’t)

Earlier this morning the UK Prime Minister, Rishi Sunak met with Saudi Crown Prince Mohammed bin Salman at the G20. According to comments made on Twitter they: welcomed strong trade relations and collaboration in defence and security; committed to deepening investment ties, and discussed the importance of making progress on social reforms. 

While we do not know what was said in the meeting, there is no clarity as to whether this included the increasing clampdown on free expression in Saudi Arabia that has hastened under bin Salman’s leadership. The UK Government has time and time again reiterated its commitment to championing human rights both at home and across the globe but in this case the silence is deafening. 

It is not as if there are a scarcity of issues that need to be addressed.

What the Prime Minister could have asked

  1. Under the guise of cybercrime, the Specialized Criminal Court has been increasingly used to target people who are realising their right to free expression to participate in protected and civic dialogue. This includes Salma al-Shehab, Nourah bint Saeed Al-Qahtani, ten Egyptian Nubians and Dr Lina al-Sharif. What steps are the Saudi authorities taking to ensure the court works in line with international human rights standards to protect free expression?
  2. Salma al-Shehab was in the UK when she posted comments on Twitter that proved to be the basis of her arrest and imprisonment when she returned to Saudi Arabia. To what extent do Saudi laws impact on dissidents outside of the country and what protections are in place to ensure Saudi Arabia does not damage the right to free expression in other countries, including its allies and trading partners? 
  3. It has been reported that the app, Kollona Amn, or We Are All Security, which is available on both the Apple App Store and Google Play app store was used to draw the Saudi authority’s attention to the tweet sent by Salma al-Shehab. This app has been developed by the Saudi authorities, so can you advise as to what safeguards are in place to ensure the app cannot be used again to violate a Saudi citizen’s right to free expression? 
  4. Bodies and individuals connected to Saudi Arabia are the joint second largest shareholders in the social media platform Twitter. At the same time, a former Twitter manager has been convicted in the USA of spying for Saudi Arabia, accessing private data on users critical of the kingdom’s government. In light of Saudi’s corporate interests in the platform, as well as its commitment to international law and human rights standards, have any steps been taken to ensure that data from the platform is not being used to target dissidents who are engaging in protected acts of free expression?
  5. As reported by the Electronic Frontier Foundation, Google is setting up, in partnership with the state-owned company Saudi Aramco, a data centre in Saudi Arabia for its cloud computing platform serving business customers. What safeguards are in place to ensure that the centre is protected against improper interference?
  6. At a time when Saudi Arabia has started opening itself up to tourism and is spending huge amounts of money trying to attract visitors to the Kingdom what is the country doing to reassure those who visit who come from countries with a strong commitment to free expression that they will not be arbitrarily detained or worse if they express their views openly?

A few questions Rishi should have asked himself (but probably didn’t) before the meeting

  1. Do trade deals and geopolitical relationships with authoritarian governments trump the UK’s commitment to free expression and human rights?
  2. What are we doing to secure the release of Salma al-Shehab and others connected to the UK who have been imprisoned across the globe for realising their right to free expression, such as Alaa Abd el-Fattah in Egypt and Sophia Huang Xueqin in China?
  3. Is there anything the UK can do to better protect the public’s right to free expression, particularly those residing in the UK who are increasingly being targeted by the extraterritorial extension of laws by authoritarian regimes beyond their borders?

A couple of questions Rishi should ask himself in a darkened room when no one else is around

  1. Is the UK still a leader in protecting free expression and human rights across the globe? 
  2. Was it ever?

“We deserve more on freedom of expression”

Sanaa Seif, the sister of Egyptian writer and activist Alaa abd el-Fattah, speaking at COP27

It shouldn’t surprise anyone reading this that I care passionately about freedom of expression. I have dedicated my life to political engagement and campaigning and have used every right afforded to me under article 10 of the Human Rights Act as I have sought to fix problems in our society.

At Index I spend every day seeking to ensure that those people who are silenced by despotic regimes have a platform for their words and their art. I speak to journalists and stakeholders daily about threats to freedom of speech at home and abroad. After all, Index was founded to protect this most fundamental of human rights everywhere it is threatened.

But there are some weeks when even I am surprised by the scale of news coverage of freedom of speech. Especially in the UK. It increasingly feels like the phrase freedom of speech is dominating political debate as well as the comment pages in our mainstream media. Of course I welcome every mention and the truth, in an age of disinformation, trolling and political populism, is that we need a national conversation about how language, speech and debate need to be protected and cherished as our communication tools evolve and develop.

But in the last week I’m not sure that’s what we’ve seen. I want a debate about freedom of speech and expression. About how to protect and promote media, artistic and academic freedoms. Instead what we have seen is journalists arrested, in the UK, for doing their job and covering the news. We’ve seen an elected politician denounce media outlets for having the audacity to cover protests.

On the international stage we’ve seen a social media platform used by millions of people change dramatically on the whim of a billionaire within a matter of days of his taking ownership. World leaders attending COP27 in Egypt failing in all efforts to intervene in the case of Alaa Abd el-Fattah, a democracy campaigner, imprisoned because he dared to support a political protest. And in the US we’ve once again seen too many politicians undermining the very basis of their democracy as a political tool.

We deserve so much better than this.

We deserve more than political rhetoric about free speech while populists seek to hijack their own definition of free speech for political gain.

We deserve more than token diplomatic gestures when people are rotting in prison for having the audacity to demand their basic human rights.

We deserve more than our police forces arresting journalists and undermining media freedom because they seek to cover the news.

We deserve better. And Index will keep demanding better – at home and abroad.

World leaders will have “blood on their hands” if Alaa Abd El-Fattah dies

The 2022 United Nations Climate Change Conference, or COP27 as it is better known, opens this Sunday, 6 November, in the Egyptian Red Sea resort of Sharm El Sheikh.

As has become customary, COP27 will become the focus of protest. Yet not all protests at COP27 will be about the environment.

One protester at the event, Sanaa Seif, says that the world leaders attending will have “blood on their hands” if they do not secure the release of her brother, the British-Egyptian writer and activist Alaa Abd El-Fattah. Abd El-Fattah is a pro-democracy activist and founder, with his wife Manal Hassan, of the Arabic blog aggregator Manalaa.  He has been held in the country’s prisons on and off for nine years for his part in the 25 January protests that rocked the country in 2011.

In 2013, the writer was jailed by the government of Egypt’s military ruler Abdel Fattah el-Sisi and has been in prison most of the time since where he has been both tortured and offered only limited communication with his family.

In order to bring attention to his plight, Abd El-Fattah went on a partial hunger strike on 2 April this year, limiting his intake to just 100 calories a day, sipping tea with a spoonful of honey. After six months on hunger strike, his body is seriously weakened and his health is in a precarious state. Four days ago, he stopped even that meagre daily allowance and is now taking only water.

On the opening day of COP27, he will stop even that.

Since 18 October, Sanaa and her sister Mona, have been holding a sit-in as part of their Free Alaa campaign outside the UK’s Foreign Commonwealth and Development Office to draw the attention of incoming Foreign Secretary James Cleverly to their brother’s plight.

On Wednesday this week, Cleverly finally spoke to the pair and vowed that the Government would “continue to work tirelessly for his release”.

In a Facebook post, the sisters said: “We were so relieved to finally get to speak to James Cleverly and hear his assurance that Alaa’s safe release is top priority. I hope this translates to tangible action that actually saves Alaa before it is too late.”

At a press conference on the street outside the FCDO the following day, Sanaa said: “Alaa will escalate his hunger strike as he stops taking water as world leaders head to Egypt to attend COP27. I want to tell these officials that if you don’t save him you will have blood on your hands. I want to call on Rishi Sunak – you are going to be in the same land as a British person dying and if you don’t show that you care then it will be interpreted as a green light to kill him.”

Sanaa’s sister Mona added: “Alaa is in a very critical state but he is not desperate to die. These are the actions of a man who is desperate to end this ordeal he has been sucked into for nine years and desperate to be reunited with his family.”

The British-Egyptian writer and activist Alaa Abd El-Fattah in happier times with his wife and baby son Khalid

Speaking to Index, Mona said: “In the eyes of the Egyptian regime Alaa is one of the symbols of 25 January [2011 revolution] and therefore one of those calling for an end to the leadership of the military regime. In some people’s minds he is a British national. For others he is a writer, or an activist. Most importantly, he is an amazing brother and a son. And most importantly of all what seems to be forgotten is that he is a father to a 10-year-old, Khalid.”

She added: “Khalid and his father have a unique and extraordinary relationship. Khalid is on the autistic spectrum and is non-verbal. We found out his diagnosis back in 2014 when Alaa was serving his first five sentences. Alaa was briefly released in 2019, although he had to spend every night in a police cell, and Alaa and Khalid formed an amazingly strong bond. We were worried about how Khalid would receive his father because he was not used to him in his life. We were honestly surprised. He and Khalid bonded immediately. He flourished under Alaa’s presence and Khalid’s doctors and teachers all noted a massive difference.”

“When Alaa was taken again in September 2019, the one hit the hardest was Khalid. When Alaa appeared before the state security prosecution, Khalid was angry with his father for disappearing. Since then, it has been particularly difficult to sustain Alaa’s presence in Khalid’s life. A very big part of why Alaa has taken such extreme measures is that he feels Khalid has been orphaned.”

Mona and family will hold a candlelit vigil for Alaa outside Number 10 Downing Street at 4pm on 6 November. Meanwhile, Sanaa will fly out to Egypt to take part in an event with the German climate envoy, Human Rights Watch and Amnesty International at COP27 next Tuesday.

“This will serve as an embarrassing reminder to everyone,” Sanaa said.

Mona has another message to the leaders attending COP27. In another Facebook post this week, she wrote the following.

“Regardless of how it ends Alaa has already won this battle. If he makes it out alive and joins us, his family, in safety. Then he would have done it using only his body and words. If he doesn’t make it and dies in prison, his body will tell the whole world what a bunch of liars you all are, ruthless inhumane creatures that should not be trusted with one plant let alone people and the future of this planet.