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.

Tyrant of the year 2022: Vladimir Putin, Russia

Vladmir Vladimirovich Putin is the tyrant’s tyrant in more ways than one. Over the two decades he has dominated Russian politics as president and prime minister, he has set a new standard in the brutal oppression of opponents at home and abroad. His illegal invasion of Ukraine on 24 February has had a devastating effect on the global economy and turned Russia into a global pariah. But he has also been a consistent champion of other tyrants, whether it is Ayatollah Khamenei, the supreme leader of Iran, President Assad of Syria or his closest ally in the region, President Lukashenska of Belarus.

The horrors perpetrated by the army sent to Ukraine in 2022 by Putin are too many to catalogue here. But they include torture and summary execution, as evidenced from the mass graves of Bucha, the forced deportations of citizens of occupied territories in the east of the country, indiscriminate attacks on civilian targets such as the maternity hospital in Mariupol and sexual violence used as a weapon of war. As winter sets in his forces have targeted power facilities, leaving many Ukrainians without light, heat and water in freezing conditions.

Meanwhile, in Russia itself the independent media has been crushed, with many journalists silenced or forced into exile. New legislation has turned protesters into traitors. Even calling Russia’s intervention in Ukraine a war has been deemed a crime, with anyone convicted of spreading “false information” facing a 15-year prison sentence.

“Most tyrants only brutalise their own people or the countries they invade. But Putin is a truly global tyrant who has made the whole world a poorer place by strangling the supply of Russian oil and gas and Ukrainian grain. And he has made it a more dangerous place by bringing the threat of nuclear war to Europe. Tyrant of the year? More like tyrant of the century,” says Index’s editor-at-large Martin Bright.

Failed empty gesture 0 – 1 Strong silent stand

The football commentator’s well-worn cliché about the sport being a game of two halves usually refers to the action on the pitch. But in the build-up to the game between England and Iran at the 2022 FIFA World Cup earlier this week, it was the off-field actions of the teams which showed a divided response to events in the wider world.

Shortly before kick-off, it was decided by the English FA (among other European football governing bodies) that England’s Harry Kane would forgo wearing the OneLove captain’s armband, which displays a heart containing colours representative of all backgrounds and is part of a message promoting inclusion. The reason given by the FA was that “we can’t put our players in a position where they could face sporting sanctions including bookings.”

Then, just before the match, as the Iranian national anthem rang around the Khalifa International Stadium in Doha, the Iranian players remained silent. Referencing the now-months long protests in Iran, which are pushing for regime change after the death of 22-year-old Mahsa Amini in Tehran on 13 September 2022, Iranian captain Ehsan Hajsafi said that: “We have to accept the conditions in our country are not right. Our people are not happy. We are here but it does not mean we should not be their voice or must not respect them.”

The actions, or rather inactions, of the English FA and the Iranian footballers have had contrasting results. By aiming first but then relenting on the promise to have Kane wear the armband shows just what a failed empty gesture it was. A financial fine would have been accepted, but the fear of a single yellow card forced the FA’s hand (and that of other countries, such as Wales, Germany and the Netherlands). Were the teams and players ever really behind it if they could u-turn so quickly?

On the other hand, the silence of the Iranian footballers has shown the courage that a united action brings, not least given how much higher the risks – the repercussions the footballers may face on the return to their homeland, where they will have family and friends, are far more severe than a card brandished on the pitch.

That said we should be careful about where we lay blame in terms of not wearing the armband. It is understood that Kane still wanted to wear it, and even if he didn’t, is it fair to expect the England players to be politically active in the course of what essentially is their day job (as Julian Baggini argues in our last issue)?

The bigger fault lies squarely at the hands of FIFA for awarding the tournament to Qatar, as well as the governments and authorities around the world who have said very little about the country’s abuses since 2010. When news organisations have reported on abuses, especially on the Kafala system, which ensured an extremely cheap labour force was on hand to build the infrastructure for the World Cup, journalists were detained and threatened – again to very little public outcry. While minor changes have been made to improve the labour system, reports that at least 6,500 migrant workers still died since 2010 has again received far too little outrage.

Even during the immediate build up to, and including the tournament so far, FIFA appears happy to kowtow to Qatar’s last-minute demands. While the consumption of alcohol isn’t a free speech issue, FIFA’s agreement to Qatar’s last-minute ban on the sale of alcohol in stadiums is yet another sign that it is Qatar who are setting the rules. Also, despite assurances from FIFA, rainbow-coloured flags and attire were prohibited in spectator areas, as seen by the Welsh fans who had rainbow-coloured bucket fans confiscated before their opener against the USA. In a nation where homosexuality is still illegal these are hardly surprising actions but they show how arguments like “the World Cup will improve the rights situations in Qatar” was never a commitment taken seriously. The activist Peter Tatchell, an Index contributor who was himself detained following a protest to highlight LGBT rights in Qatar in October, puts it well: “#FIFA and #Qatar promised that LGBT+ fans & rainbow insignia would be allowed at #WorldCup. They have trashed that promise – and their reputations. But what did you expect from a sexist, homophobic & racist dictatorship?”

We at Index on Censorship love the fact that football is the world’s game, able to unite people across gender, race, religion and nationality. From Norway to Nigeria, it’s the universal language where a conversation about Manchester United or Lionel Messi can take place without knowledge of the native tongue. We have no issue with football and our Autumn issue showed its amazing power to transform lives. It’s for this reason that we remain angered that it is taking place in Qatar, who seem to be normalising their autocracy on a world stage. And it’s for this reason that we are angered that the simple threat of a yellow card has determined a retreat from taking a stand on such an important issue, even if that stand was small and largely symbolic. Iran might have lost against England on Monday but they proved to be the real winners when it came to courage and conviction.

“The tyrants win if we let acts of protest pass without notice”

Photo: Shima Abedinzade

I went on my first political demo when I was a baby – joining the march against pit closures. For four decades I have been on demos to save jobs; on pickets to support striking workers and; on marches against racism and political extremism. I have participated in political stunts at elections and vigils to mark horrendous and heartbreaking events. Each has been newsworthy to some extent, each was meant to be a mark of solidarity with a community or a group whose voice needed to be amplified in order to be heard. Each was a statement of my personal values and a commitment to make our society a little better.

But none of these acts of democratic participation required me to be brave. Not really. I never once considered if my political views could, on that day, cost me my life. Although in hindsight some of them made me very vulnerable. But I never thought about it seriously because I am so incredibly lucky to live in a democracy, to have basic human rights which protect my right to be heard, to protest, to assemble. To speak truth to power. My biggest threats came from individuals who wished me harm – not a government or a police force or a judiciary.

I am lucky. I know I am. And I am so grateful for it.

Which is why it is so important that people like me, like you, use their voices to promote those who are brave, those who risk everything by walking down the street without a head scarf, those who stage a sit in outside the Kremlin against an unjust war, those who unveil a banner exposing the tyrant that governs them. These people are brave beyond words. They use the only things available to them – usually their bodies – to challenge an unacceptable status quo. And by doing so they build a movement. They move the dial just a little and they place untold pressure on the tyrants and dictators who strive to silence them.

We have a duty to support them, to tell their stories and to amplify their voices. Because otherwise nothing changes. 

The tyrants win if we let these acts of protest pass without notice. If we let global news move on and forget the faces of those who have paid the ultimate sacrifice to demand their access to the universal values that we hold so dear and so easily take for granted. We have an obligation to support the Iranian women in their demands for equality. We have a duty to tell the stories of those Russian dissidents who push back against Putin’s illegal invasion. We have a responsibility to ensure that the democracy campaigners imprisoned in Hong Kong are remembered. Not just today but every day. 

We have to be, today and always, a Voice for the Persecuted.