September 14, 2026
UN and Saudi Arabia flags © hapelinium, licensed under Shutterstock
The UN Committee on the Elimination of Racial Discrimination (CERD), the independent expert body that monitors states’ compliance with the UN's core anti-racism treaty, has found that Saudi Arabia has failed to adequately act on a set of reforms it was ordered to prioritise, including the criminalisation of racist hate speech and the practice of deporting migrant workers who test positive for HIV.
In December 2024, following its review of Saudi Arabia’s implementation of the Convention, which the Kingdom ratified in 1997, CERD identified more than twenty areas of concern, including the absence of a comprehensive legal definition of racial discrimination, persistent discrimination against non-nationals and migrant workers, the situation of stateless persons, notably the Bidoon, and of the Shi'a minority, insufficient safeguards against discrimination in the justice system, and a marked increase in executions disproportionately affecting minorities. The review drew on a joint submission from MENA Rights Group and ALQST for Human Rights.
Under its standard practice, CERD requested that Saudi Arabia report back within a year on three major recommendations: law enforcement training and public campaign on the proper handling and filing of discrimination complaints; the criminalisation of racist hate speech and hate crimes through the country’s long-promised Penal Code; and the cessation of mandatory HIV testing of migrant workers, which often results in their deportation. Saudi Arabia submitted its follow-up report on schedule, and CERD examined it during its 118th session, held in Geneva between August 11 and 25, 2026. Ahead of the review, MENA Rights Group, together with the European Saudi Organisation for Human Rights, ALQST for Human Rights and Reprieve, submitted an alternative follow-up report assessing the same three priority recommendations, concluding that Saudi Arabia had failed to meaningfully implement any of them. In a letter dated August 26, 2026 signed by Committee Chair Gün Kut, CERD’s own assessment closely traces these findings.
“Saudi Arabia’s use of the death penalty does not take place in isolation from wider patterns of discrimination. Migrants, minorities, and people facing racial discrimination are particularly exposed to a justice system marked by inadequate safeguards and limited access to legal support. Saudi Arabia must act on the Committee’s recommendations and ensure that no one faces execution following discriminatory or unfair proceedings,” says Reprieve Head of Death Penalty MENA, Jeed Bassyouni.
On handling complaints of discrimination, the Committee acknowledged training and outreach activities run by the Ministry of Interior, the Public Prosecution, the judicial training centre and the Human Rights Commission, but regretted the lack of detailed information on comprehensive and regular training for police, prosecutors and other law enforcement officials to identify and register racism complaints or to effectively reach the groups most affected: ethno-religious minorities, people of African descent, migrants, asylum-seekers and stateless persons.
The Committee found Saudi Arabia’s response only partially satisfactory, and requested further reporting on specialised training for law enforcement, particularly on the protection of minorities and other marginalized group against reprisals, such as the cancellation of residence permits leading to deportation; and on improving the accessibility of complaint mechanisms, including by addressing language barriers, limited digital literacy and limited access to legal support.
“CERD’s assessment confirms that the absence of effective protections against discrimination has serious consequences for migrant workers and religious and ethnic minorities in Saudi Arabia. This is particularly evident in the criminal justice system, where these groups face barriers to legal support and are disproportionately affected by the sharp rise in executions,” said Taha Al-Hajji, Director of the European Saudi Organisation for Human Rights.
On hate speech and hate crimes, the Committee found the response unsatisfactory. While Saudi Arabia pointed to a package of legislation first announced in February 2021, including a draft Penal Code, the Committee remained concerned that the law still does not clearly criminalise racist hate speech and hate crimes, and reiterated its call for the Kingdom to adopt the Penal Code without further delay, and to consult, meaningfully and effectively with civil society on the draft text.
On migrant workers and HIV testing, the Committee also found the response unsatisfactory as migrant workers remain subject to mandatory HIV testing and that those who test positive remain liable to deportation. CERD once again called on Saudi Arabis to abolish mandatory testing and stop deporting migrant workers living with HIV.
The Committee concluded by requesting updates on all three sets of recommendations in Saudi Arabia's next periodic report, and welcomed further dialogue with the Kingdom.
“Nearly two years after CERD's review, hate speech against minorities remains uncriminalised, and migrant workers living with HIV can still be deported simply for their status. This is a policy choice, and it leaves the Kingdom's most vulnerable communities, from the Bidoon to migrant workers to the Shi'a minority, without the protections they were promised,” says Falah Sayed, Senior Legal Officer at MENA Rights Group.
MENA Rights Group will continue to monitor Saudi Arabia's implementation of its obligations under the Convention on the Elimination of All Forms of Racial Discrimination, in cooperation with partner organisations, and calls on Saudi Arabia to take concrete steps toward the implementation of the three pending recommendations.
