AL BAQEE ORGANIZATION

SUBMISSION TO THE UNITED NATIONS UNIVERSAL PERIODIC REVIEW 2018 3RD CYCLE

SAUDI ARABIA

The Al Baqee Organization (Al Baqee) established in the year 2009 in the State of Illinois, USA, is a non-governmental organization committed to raising awareness of atrocities and attacks on Muslims and Islamic heritage sites. The organization strives to preserve existing heritage sites and restore destroyed ones, by coordinating with cultural, religious, educational and historical societies around the world. Al Baqee submits this report to the United Nations Office of the High Commission for Human Rights for consideration during the 2018 Universal Periodic Review (Third Cycle) regarding the Kingdom of Saudi Arabia. This submission highlights the destruction of Islamic heritage and sacred sites by the Kingdom of Saudi Arabia and the systematic abuse of Muslim pilgrims wishing to visit those sites. Al Baqee calls on the Kingdom of Saudi Arabia to reform its current domestic law and policy in order to comply with its international legal obligations to preserve religious and cultural heritage sites and to respect the rights of religious minorities who wish to visit and perform religious service at those sites.

Al Baqee Organization 5430 S. Kedzie Ave, Suite 786, Chicago, IL 60632 http://baqee.org/ [email protected]

Background 1. Systematic persecution of religious minorities by the Kingdom of Saudi Arabia (KSA, “Saudi Arabia” or “the Kingdom”) is a fact that is welldocumented by credible sources.1 This submission focuses on an often overlooked aspect of religious intolerance which infringes on the human rights of individuals not only in Saudi Arabia, but around the world. Saudi Arabia’s past, current, and planned destruction of cemeteries, shrines, and other historic sites threatens to eradicate Islamic heritage sites of significance to millions of Muslims around the world. In addition, the Kingdom denies Muslim pilgrims who visit Mecca and Medina the opportunity to visit these sites, and systematically abuses pilgrims who attempt to pay respects there. 2. Saudi Arabia is the home to Islam’s most important cities, Mecca and Medina. These two cities, along with a number of other holy sites around the country, are of crucial importance not only to Muslims but many people across the globe for their historical, cultural and religious significance. 3. The Kingdom of Saudi Arabia is a monarchy and its legal system is based on the government’s interpretation of Sharia law. Sunni Islam is the official religion and the government privileges its own interpretation of “Wahhabism” over all other interpretations. There is no legal recognition or protection of freedom of religion by the government. To the contrary, KSA has displayed a pattern of systematic prejudice and discrimination against religious minorities, including Shia Muslims,2 who represent approximately ten to fifteen percent of the population.3 The government restricts most forms of public and private religious expression inconsistent with its particular interpretation of Wahhabi Islam4. 4. In an effort to promote a Wahhabi interpretation of Islam that promotes intolerance and prohibits visiting holy shrines and tombs, KSA has destroyed many sites of religious significance to many Muslims. Research estimates that more than 90 per cent of Saudi Arabia’s historical landmarks and archaeological heritage have already been demolished and that the destructions have increased over the last few years. While many Muslims have been outraged by the destructions, it is alleged that these actions have engendered a greater affront to the Shia, Barelvi (Sunni) and Sufi communities, as pilgrimages and visitations to the resting places of the Prophet’s companions and early Imams are for them customary religious

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See, e.g., International Religious Freedom 2017 Annual Report, United States Commission on International Freedom, April 2017 (hereinafter “IRF 2017 Annual Report”) , available at http://www.uscirf.gov/sites/default/files/2017.USCIRFAnnualReport.pdf, p. 77- 83; see also generally, Saudi Arabia 2016 International Religious Freedom Report, United States Department of State, 2016 (hereinafter “SA 2016 IRF Report”) , available at https://www.state.gov/documents/organization/269156.pdf. 2 IRF 2017 Annual Report at p. 77 3 SA 2016 IRF Report at pg. 3 4 IRF 2017 Annual Report at p. 77. 2

practices.5 Such destruction of heritage sites by the Kingdom is similar to the tactics of various terrorist organizations condemned by the United Nations.6 The Director-General of UNESCO, Irina Bokova, has stated that cultural heritage sites are symbols of unity: “Violent extremists know this, and that is why they seek to destroy it.”7 5. This systematic destruction of cultural heritage and denial of religious freedoms violates fundamental norms of international human rights law. Accordingly, Saudi Arabia must reform its domestic law and policy to restore and preserve historical landmarks and religious sites of significance to Shia and other Muslim minorities. In addition, Saudi Arabia must ensure the rights of all Muslims to visit these sites without fear of verbal and physical abuse. Relevant International Legal Obligations 6. Saudi Arabia is a member of the United Nations and is therefore bound by the Charter of the United Nations. Article 55 states that “the United Nations shall promote: […] c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.” By virtue of its membership, Saudi Arabia shall be committed to uphold universal human rights standards, including those set forth in the Universal Declaration of Human Rights (UDHR), which are recognized as norms of customary international law.8 7. The International Covenant on Civil and Political Rights (ICCPR) elaborates upon the human rights standards set forth in the UDHR. The terms of the ICCPR provide guidance as to the content of the fundamental rights that Saudi Arabia is obligated to respect.9 Both the UDHR and the ICCPR promote rights that have a universally binding character. Articles 18 of both the UDHR and the ICCPR guarantee the right to freedom of thought, conscience and religion. Saudi Arabia is also a member of the Human Rights Council. In this capacity, Saudi Arabia “shall uphold the highest standards in the promotion and protection of human rights”.10

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Communication regarding the destruction of sites of religious, historical, and cultural importance in Saudi Arabia, AL SAU 7/2015, United Nations Office of the High Commissioner for Human Rights, 14 October 2015, available at https://spdb.ohchr.org/hrdb/31st/public_-_AL_Saudi_Arabia_14.10.15_(7.2015).pdf, pg. 3. 6 See UN Security Council Resolution 2347 (2017) condemning the unlawful destruction of cultural heritage, religious sites and artefacts, and the smuggling of cultural property by terrorist groups during armed conflict, affirming that such attacks might constitute a war crime and must be brought to justice. Available at https://www.un.org/press/en/2017/sc12764.doc.htm . 7 Id. 8 Saudi Arabia 1997 Report, International Human Rights Standards, Human Rights Watch, 1997, available at https://www.hrw.org/reports/1997/saudi/Saudi-07.htm. 9 Id. 10 United Nations General Assembly Resolution 60/251, A/RES/60/251, 3 Apr. 2006, available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/A.RES.60.251_En.pdf, para. 9. 3

Destruction of Cultural Heritage 8. Since 1925, the government of Saudi Arabia has systematically demolished numerous mosques, graves, shrines, and sites of religious, historical and cultural importance in the country, including sites in Jeddah, Medina, Mecca, al-Khobar, Awamiyah, and the site of the battle of Uhud (Jabal Uhud). Those destructions are part of an effort by the government to prevent visits to graves and shrines of Islamic historical figures, a practice deemed incompatible with the current Wahhabi interpretation of Islam. Religious edicts (“fatwahs”) have been issued by government-endorsed clerics who claim that destroying these landmarks is necessary to prevent what they have labeled as “idolatry”.11 Extremist followers of Wahhabi beliefs have issued similar fatwahs to destroy buildings, terrorize populations and kill so-called “non-believers”. 9. This long standing policy and practice of systematic destruction of religious, historical and cultural sites in Saudi Arabia prevents people from exercising their right to maintain and visit places of worship, and to enjoy and access cultural heritage. For example, the house of the Prophet’s first wife, Khadijah, has made way for public toilets. A Hilton hotel now stands on the site of the house of Islam’s first caliph, Abu Bakr. 12 10. Recently, the pace and scope of destruction has increased exponentially. In the last decade dozens of heritage sites in Mecca have been bulldozed to accommodate the growth of skyscrapers that tower over the Masjid al-Haram and are filled with a myriad of shopping malls and five-star residences.13 For example, in 2014, the house of Hamza (the Prophet Muhammad’s uncle) was flattened to make way for a luxury hotel.14 11. Beyond the preservation and safeguard of an object or a manifestation in itself, there is the need to take into account the rights of individuals and groups in relation to such object or manifestation.15 As a member of the United Nations and the Human Rights Council, Saudi Arabia must respect the rights protected by the UDHR and the ICCPR, including the freedom of thought, conscience and religion. By intentionally destroying those sites and preventing people from visiting them, Saudi Arabia is imposing on every non-Wahabi individual 11

Communication regarding the destruction of sites of religious, historical, and cultural importance in Saudi Arabia, AL SAU 7/2015, United Nations Office of the High Commissioner for Human Rights, 14 Oct. 2015, available at https://spdb.ohchr.org/hrdb/31st/public_-_AL_Saudi_Arabia_14.10.15_(7.2015).pdf, pg. 3. 12 Carla Power, Saudi Arabia Bulldozes Over its Heritage, TIME, Nov. 11, 2014, available at http://time.com/3584585/saudi-arabia-bulldozes-over-its-heritage/ 13 Jerome Taylor, The Photos Saudi Arabia doesn’t want seen -- and Proof Islam’s Most Holy Relics are Being Demolished in Mecca, INDEPENDENT, Mar. 15, 2013, available at (http://www.independent.co.uk/news/world/middle-east/the-photos-saudi-arabia-doesnt-wantseen-and-proof-islams-most-holy-relics-are-being-demolished-in-8536968.html) 14 Power, supra n. 12 15 Report of the Special Rapporteur in the Field of Cultural Rights, A/71/317, 9 Aug. 2016, available at https://documents-ddsny.un.org/doc/UNDOC/GEN/N16/254/44/PDF/N1625444.pdf?OpenElement, para. 53. 4

a particular view of Islam, thereby violating the freedom to choose one’s own religious beliefs. 12. Article 27 of the UDHR guarantees the right to freely participate in the cultural life of the community. “The right of access to and enjoyment of cultural heritage includes the right of individuals and collectivities to, inter alia, know, understand, enter, visit, make use of, maintain, exchange elements of and develop cultural heritage”.16 This right extends not only to those who view particular cemeteries or shrines as religiously significant, but also to those who appreciate the cultural, historical, archeological, or anthropological significance of these landmarks – whether Muslim or not. Thus, Saudi Arabia’s systematic destruction of heritage sites not only curtails the ability of individuals to freely exercise their religion, but also infringes upon the cultural rights of millions of Muslims and non-Muslims around the world.

Discrimination Against non-Wahhabi Pilgrims 13. Saudi Arabia’s long-established pattern of discrimination against religious minorities violates the above-mentioned international norms of freedom of religion in many ways. Of particular concern to Al Baqee organization is the systemic harassment and abuse of pilgrims visiting Saudi Arabia for Hajj or other Islamic worship such as visiting gravesites at Baqee cemetery. Al Baqee has received numerous reports of such abuse, and recently conducted interviews with the victims to document their experiences. Summaries of these interviews are annexed hereto as Incident Report #s 1-13. 14. Saudi religious police aggressively police sites of significance to Shia Muslims, in order to prevent them from performing rituals of commemorating special holidays and making visits to graves.17 Individuals who attempt to put their hands on the graves of important religious personalities when praying (which is important to some Muslims, including Shias) are prevented from doing so. Pilgrims on Hajj who attempt to visit Baqee cemetery are prevented from visiting graves and are not allowed to recite supplications there. Visitors are often prevented from entering the Baqee cemetery18. Women are entirely prohibited from entering most religious sites.19 15. Non-Wahhabi pilgrims and women are routinely subject to verbal and physical abuse by Saudi police if they attempt to perform religious rites at certain sites. Individuals reported being insulted20, threatened21, pushed22, 16

Id. at para. 14. Denied Dignity: Systematic Discrimination and Hostility toward Saudi Shia Citizens, Human Rights Watch, Sept. 3, 2009, available at https://www.hrw.org/report/2009/09/03/denied-dignity/systematic-discrimination-andhostility-toward-saudi-shia-citizens. 18See, e.g., Incident Report # 8, annexed hereto. 19See Incident Report #s 6, 11, and 12, annexed hereto. 20 See Incident Report #s 1, 2, 3, 4, 8, 10, 12, and 13, annexed hereto. 17

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detained23 and even beaten24 by police while visiting Baqee cemetery and other sites. 16. Several individuals reported that they were criticized and mocked because they were Shia.25 Signs posted by the government outside of holy sites poke fun at Shia teachings and encourage violence against them and other nonWahhabi “infidels”. 17. The Kingdom often boasts that it hosts over 7 million Muslims annually to perform the major and minor pilgrimages. But Mecca and Medina are not vacation destinations or tourist attractions -- they are religiously-mandated pilgrimages for all Muslims around the world. Muslims are required to make the trip even if they disagree with the Saudi government-mandated interpretation of Islam. Therefore, Saudi Arabia’s religious intolerance not only affects religious minorities within the State (which the Kingdom denies exist), but all Muslims worldwide - the majority of whom live outside of Saudi Arabia. III. Recommendations a. The Kingdom should take urgent action to ensure that all Muslim pilgrims are permitted to visit and pray at Islamic holy sites in Saudi Arabia, and remove all barriers to worship by non-Wahhabi Muslims. b. The Kingdom should prevent the destruction of all Islamic historical, cultural and heritage sites in Saudi Arabia. c. The Kingdom should repair the Baqee cemetery (damaged and vandalized by the Kingdom in 1925) and restore it to its prior condition.

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See Incident Report #s 1, 2, 4, 5, 8, 10, 12, and 13, annexed hereto. See Incident Report #s 1, 2, 4, 8, 10, and 13, annexed hereto. 23 See Incident Report #s 4, 5, 9, and 13, annexed hereto. 24 See Incident Report # 3, 4, 9, and 10, annexed hereto. 25 See Incident Report #s 3, 4, 8, 10, 12 and 13, annexed hereto. 22

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ANNEX Incident Report 1 The pilgrim was visiting holy sites during Hajj with a group of people from his workplace. They were all Sunni Muslims. The pilgrim is a Shia Muslim. Six police officers approached them, speaking different languages, and started insulting him. They called him the child of prostitution in several languages, waiting for him to react. It was clear that this was intended to provoke him. He responded in Arabic, and one of the officers held him by the shoulder and started to threaten him. The officers expressed that in Saudi Arabia if the pilgrim was put in prison, a report would never be sent to his embassy. They told him that as far as the Saudi government is involved, nobody would ever know what happened to him. At that point, one of the other members of the group, a Sunni, intervened and stood between the officer and the pilgrim. He was then able to leave and to go back into the crowd. The pilgrim also recalls that in the Mount Arafat part of the pilgrimage, Shia Muslims were forced to set up their camp at the furthest point from the mountain, which forced them to walk several hours in order to meet with their group. He mentioned having to walk four hours to find is group. In Jeddah, the pilgrim was staying at the Red Sea hotel. He recalls that on Fridays there were public executions. Foreigners would be forced to go to the front of the crowd and watch the execution. Incident Report 2 The pilgrim visited Saudi Arabia for Hajj in 1992. At the time, he was still an Indian citizen. He mentioned that he did not comprehend all of it because he was young, but he knew that he was on holy ground. His uncle had asked him to bring back a pinch of dirt from the cemetery, so he picked some and put it in his satchel. He also knew his dad and uncle wanted him to kiss the ground while he was there, so he did. At that point, an officer came and grabbed his ankles to drag him out of the cemetery. The pilgrim fell on his face, and the officer shouted slurs at him while throwing him out on the street. In 2015, the pilgrim was in Saudi Arabia for Umrah. He was reading from his prayer book while standing in the front of the crowd. An officer came to him and started disturbing him, so he closed his book and walked away. He then reopened the book once he was further away. The office then called the guards, who came to stand behind him to intimidate him. Both the police officers and the guards started criticizing his religious beliefs, telling him he was wrong for practicing his religion this way. The pilgrim then left the cemetery and went to the courtyard. Since women are not allowed inside, he planned with his wife to meet at a certain place outside the cemetery. As soon as he found his wife, some policemen came and told them not to stand where they were. He asked why and where they should stand instead. The police did not answer, and just told them they had to leave. 7

Incident Report 3 The pilgrim visited Saudi Arabia in 2006 for Hajj. He traveled with a group of people who were all Shia Muslims. When they went to the burial ground in Medina, he saw a lot of demolished sites, including a shrine which had been purposely defaced. When visiting the mosque, he was hit with a stick by people criticizing his way of worshiping, and shouting insults at him and calling Shia Muslims infidels. Incident Report 4 The pilgrim visited Mecca in 2007. He was praying in the grand holy mosque. Religious police then began insulting him and giving him a lecture about how Shiites are all infidels and attacking their beliefs. The police said that all Shia are cowards and that they should “purify” the holy mosque from being defiled by Shias. The pilgrim protested and was arrested. The policeman pushed him and then struck him. He then grabbed him by the hand and dragged him to the guard station inside the mosque. Inside the guard station, another member of the religious police threw his boot at him and proceeded to beat him. The pilgrim screamed for help, and some other men from the pilgrim’s group came in to see what was happening. At that point, the guards started beating his friends - all of whom were unarmed and simply visiting to pray. The officers beat them for thirty minutes using their hands, walkie-talkies, bats, and even chairs. They screamed that the Shia men all deserved to die while doing so. After half an hour, the guards stopped, and took them to another location outside the compounds of the mosque. They were detained for another 14 hours without assistance. Finally, they were released only after they were forced to sign and fingerprint documents written by the police in Arabic, which they did not understand. Incident Report 5 The pilgrim visited Saudi Arabia in 2010 for Hajj. He went to Jannatul Baqee with a friend of his who wanted to take pictures. A guard saw them and came to them. He grabbed their wrists and said to them in Arabic that he was going to bring them downstairs under the grounds of Baqee. The pilgrim and his friend knew there was a jail down there. Since the guard did not speak English, they were able to make a plan to escape from him once he would take them outside. They managed to get lost in the crowd and to escape the guard. The pilgrim was traveling with a group of people who were all Shia Muslims from the same sect. One day, a member of their group was sick and decided to stay at the hotel. There, the police came and falsely accused him of wrongdoing. They also took some of the papers the group had at the hotel, as well as some of their religious symbols. A member of the group the pilgrim was traveling with was wearing a religious necklace. The police did not approve of it and made him take the necklace off. Incident Report 6

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The pilgrim visited Saudi Arabia in 2012 with her mother and three sisters. She and her family were not able to visit Jannatul Baqee because of their gender. They had to sit outside of the wall that encloses the sites.

Incident Report 7 The pilgrim visited Jannatul Baqee in 2012. He recalls seeing a lot of signs with religious phrases posted at the entrance. The phrases were only excerpts and were taken out of context. Some mentioned that the act of visiting the graves was prohibited. He explains that those signs are propaganda, meant to make visitors think that those religious sayings are the only truth. This is a form of passive hostility towards non-Wahhabis, suggesting that the government’s interpretation of Islam is the only accurate one, and that therefore, all non-Wahhabis are infidels. The pilgrim was extremely upset and felt concerned for his safety. Incident Report 8 The pilgrim visited Saudi Arabia in 2007 with his wife and daughters for Umrah. In Medina, when he visited the big courtyard, he witnessed the guards pushing people towards the area where the floor has no air conditioning and the stones are very hot to sit on. He says the guards do so to force people to leave. He saw this incident happen every night that he was there. In Jannatul Baqee, the pilgrim was not allowed to recite supplications. The police made offending comments to him, and prevented him from going to certain graves. He explains that for Shia Muslims, it is very important to be able to pray with their hands on the graves. The guards did not allow them to do so. In Mecca, the pilgrim was not allowed to enter Jannatul Mualla (cemetery). The guards forced him to stay in the entrance area only. Incident Report 9 In 1978, the pilgrim was working in Saudi Arabia. He went to Jannatul Baqee and touched the sand with his palm, and kissed the ground. When he was walking towards the exit, a guard pulled his collar and hit him. The guard told him that he had stolen the dust from the cemetery. He was extremely shocked as he only touched the ground and kissed it to pay his respects. The guard brought him to a room and made him sit there alone. Later, an officer came and asked him why he was fighting. Luckily, the officer let him go. Incident Report 10 The pilgrim visited Saudi Arabia multiple times with his wife. He explains being always asked to show his card, which identified him as a Shia Muslim. Many times, guards prevented him from carrying his religious books. They took the books out of his hands and threw them away.

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Once, the pilgrim tried to touch the crack in the wall where Shia Muslims believe the first imam was born. He and other Shia Muslims were hit by the guards when they tried to touch it. In Medina, the pilgrim was offering prayers with a tablet that is specific to the area he was praying in. A guard came and told him to leave. The guard kicked his tablet from the ground, and then kicked him in the head. He grabbed the bottom of the guard’s rope and managed to escape. Incident Report 11 The pilgrim lived in Saudi Arabia and had visited the Baqee cemetery several times. However, after moving away, she went back for a visit in 2015 for the month of Rajab. This time, however, she was told that women were not allowed to visit the Baqee cemetery. As she was standing close to the steps leading to the Baqee and reading prayers, a guard came and told her to leave. Later that night, as she was reading prayers in a different location further away from the cemetery, the same guard came back and told her to she could not stay there. As she did not leave, the guard left to go get a truck and more guards, and they all told her she had to leave. Eventually, being concerned for her safety, she left. Incident Report 12 The pilgrim has visited Saudi Arabia for Hajj several times. Each time she has suffered threats and abuse as a result of her attempts to visit important Shia holy sites. She made her first trip in 1991. While reading prayers outside a site, she was shoved by a guard and fell to the ground. In 2000, she visited again, and was victim of verbal harassment near a Shia holy site. In 2005, she was prevented from climbing stairs leading down the path to the Baqee Cemetery and was prevented from getting close to it. In 2011, as she was walking in an empty courtyard near the cemetery, guards came, pushed her and yelled at her. Finally, in 2013, she was able to gain access to the cemetery, but once inside, was told to leave.

Incident Report 13 In 2013, the pilgrim and his wife traveled to Medina. They arrived in the early morning and went to visit the Prophet’s grave right after morning prayer. They decided they would pay their respects outside because they had heard that they may not be allowed inside the shrine. Once outside the shrine, the pilgrim had a prayer book and started using it. At that moment, a guard came and told him he could not be there. He and his wife then walked away and decided to pay their respects further away from the site. However, the same guard followed them and told them they still could not be there, and told them to leave the area entirely. The pilgrim asked the guard what they were doing wrong. The guard then called over military police that arrived on a golf cart. The guards started grabbing the pilgrim and his wife, telling them to follow along behind them. Fearing for their safety, the pilgrim told the guards he would go with them if they left his wife alone. They agreed. 10

The military police took him into the mosque building and brought him to an office inside. A higher ranking official was there. He snatched away the pilgrim’s prayer book and instructed the others: “You see, these people, they come here and read these things, and their scholars tell them to be angry with us”. He then referred to Shia Muslims using an offensive term. Finally, the pilgrim was told that he could leave if he signed a form stating that he would not “cause any more trouble”. Having no other choice, he signed it, and was able to leave and go find his wife. -

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