The undersigned organisations [1] write to express our strong support for S.Res.109, Senator Chris Murphy and Senator Mike Lee’s resolution requesting a report on human rights conditions in Saudi Arabia under Section 502B(c) of the Foreign Assistance Act (22 U.S.C. § 2304). The Biden administration has repeatedly promised a re-evaluation of the U.S.-Saudi relationship: during the presidential campaign, once in office, and most recently in October 2022 following the decision of OPEC+, led by Saudi Arabia and Russia, to decrease its oil production, thereby helping finance Russia’s invasion of Ukraine. That re-evaluation has not taken place, forcing Congress to take up a needed debate. A Section 502B(c) resolution, if passed in the Senate, will reassert Congress’s crucial oversight role, require the executive branch to document the litany of destabilising human rights abuses carried out by the Saudi government and justify its continued security assistance to Saudi Arabia despite these abuses, and force a long overdue public conversation about the U.S.-Saudi relationship.
Civil society reporting and successive State Department Country Reports on Human Rights Practices mandated under Section 502B have recorded widespread human rights abuses by the government of Saudi Arabia [2]. Many of those meet the definition of gross violations of human rights under Section 502B, including executions for nonviolent offenses, forced disappearances, torture, mistreatment of detainees, and arbitrary arrest and detention, among others. State Department reporting also details continued discrimination against women, a lack of accountability for gender-based violence, and severe restrictions on religious freedoms. Outside of the country, U.S. government and civil society reports have documented widespread civilian harm resulting from the Saudi-led campaign in Yemen, including possible war crimes and other violations of international humanitarian law; and numerous cases of transnational repression, including abductions, forced repatriations, and intimidation of dissidents outside of Saudi Arabia, most notably the murder of Washington Post columnist and U.S. resident Jamal Khashoggi.
In light of this track record, S.Res.109 represents a welcome revitalisation of Section 502B as a tool for congressional oversight of U.S. security assistance. If passed in the Senate, the resolution would require a report from the Department of State on Saudi Arabia’s human rights practices within thirty days of passage. The resolution and the debate it generates would open the door to follow-on congressional action, including the possibility of an eventual joint resolution to restrict certain U.S. security assistance to Saudi Arabia based on congressional concerns. Use of the 502B(c) mechanism fills a critical gap in current oversight mechanisms such as the Leahy Law [3] and Arms Export Control Act [4], providing Congress with a flexible tool to assert human rights oversight for U.S. arms sales and security assistance.
It is long past time for a public conversation about the U.S.-Saudi relationship and a reassertion of congressional oversight. Our organisations support this resolution and strongly urge its swift passage.