Strasbourg, 27th May 2024 – The Strasbourg Policy Centre held an insightful and comprehensive conference titled “A CONFERENCE ON:// HAS SAUDI ARABIA MADE REAL DEMOCRATIC REFORMS?” The event featured prominent speakers including Federica Carbone, a distinguished lawyer, Carlo Conticini, a renowned notary, and Francesco Cappuccio, an esteemed lawyer. The conference aimed to critically analyze the progress and challenges of Saudi Arabia’s journey towards democratic governance.
Detailed Analysis and Key Points of Discussion:
The conference brought to light the multifaceted aspects of Saudi Arabia’s legal and political system that impede its transition to a true democracy. The panelists provided an in-depth examination of several crucial areas:
1- Absolute Monarchy:
- Federica Carbone highlighted that Saudi Arabia remains an absolute monarchy as defined by its Basic Law, which stipulates that the governance system is monarchical and limited to the descendants of the founder King Abdulaziz. The king wields substantial powers, including the authority to appoint and remove the crown prince. This concentration of power within the royal family stifles political plurality and accountability.
2. Lack of Political Freedoms:
- Carlo Conticini focused on the severe restrictions on political freedoms. He elaborated that Saudi Arabia does not permit political parties or national elections, effectively eliminating platforms for political opposition and public participation in governance. The government enforces strict bans on public criticism of the monarchy, religion, or state, with journalists and critics facing severe punishments, further suppressing free speech and political activism.
3. Sharia Law as the Basis of Law:
- Francesco Cappuccio explained that the Saudi legal system is fundamentally based on uncodified Sharia law, which is interpreted by the religious establishment. The Basic Law declares the Quran and Sunnah as the constitution and ultimate sources of law. This reliance on religious texts, supplemented by royal decrees, creates a legal framework that is resistant to secular reforms and modernization, leading to legal uncertainties and inconsistencies.
4. Lack of Judicial Independence:
- The conference highlighted the judiciary’s lack of independence as a significant barrier to democratic reforms. All members of the judiciary, including the Minister of Justice and the Supreme Judicial Council, are appointed by the king. Judges are required to base their rulings on Sharia law and royal decrees, which ensures that the monarchy maintains control over judicial decisions, undermining the principle of separation of powers essential for a democratic system.
5. Restrictions on Women’s Rights:
- Federica Carbone also addressed the restrictions on women’s rights, noting that these are deeply rooted in religious law. Despite recent advancements, such as granting women the right to vote and run in municipal elections in 2015, women still face significant legal and social restrictions. Women require male guardians for many basic rights, which reflects persistent gender inequality and limits their participation in public and political life.
Limited Democratic Reforms and Their Impact:
The panelists recognized that while the Saudi government has initiated some reforms, these efforts remain limited and have not resulted in substantial changes to the overall political landscape:
Municipal Elections and Women’s Enfranchisement:
- The introduction of municipal elections in 2005 and the inclusion of women as voters and candidates in 2015 were acknowledged as steps forward. However, these measures have been largely symbolic, offering minimal opportunities for genuine citizen participation and political influence.
Vision 2030 Initiative:
- Carlo Conticini discussed the Vision 2030 initiative, which aims to implement structural economic changes, reduce dependence on oil, diversify the economy, and promote transparency and accountability. While ambitious, the initiative’s impact on political reforms remains uncertain, as economic changes do not necessarily translate into political democratization.
Citizen Participation at the Local Level:
- The National Democratic Institute (NDI) has been working with Saudi citizens since 2003 to foster local initiatives and engage with local government officials. These efforts have provided some space for citizen participation at the local level, allowing Saudis to interact with their elected municipal councilors and participate in community projects. However, such participation remains limited and does not extend to broader political freedoms or national governance.
Modest Legal and Political Reforms:
- The panelists noted that despite some modest reforms over the years, such as the introduction of the Kingdom’s “Basic Law” in 1992 and the enfranchisement of women in municipal elections in 2015, these changes have not led to significant political freedoms or a shift towards a democratic system. The core aspects of the absolute monarchy and theocratic legal framework remain intact.
Conclusion:
The conference concluded that Saudi Arabia’s attempts at democratic reforms have been lackluster and largely superficial. The absolute power of the monarchy, lack of political freedoms, dominance of Sharia law, lack of judicial independence, and severe restrictions on women’s rights continue to obstruct the country’s transition to a true democracy. While some progress has been made, the overarching political structure and legal system remain deeply undemocratic.
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