Mr. Chairman and members
of the Committee, I am pleased to have the opportunity to
discuss efforts by the United States Government, specifically
the State Department, to assist Americans in the Kingdom
of Saudi Arabia. My testimony today will address United
States Government policy on the situation of American citizens
who cannot leave Saudi Arabia for various reasons.
Let me begin by addressing
our efforts to assist the victims of international parental
child abduction around the world. This issue has long been
a priority for the Department of State and is an important
activity of State's Bureau of Consular Affairs. In 1994,
the Bureau created the Office of Children's Issues. The
Abduction Unit of this office now employs 17 officers and
staff devoted exclusively to working with parents to resolve
the cases of their abducted children. The Office currently
handles approximately 1,100 international parental child
abduction cases, including abductions to and from the United
States. While the majority of abduction cases involve children
taken to Western countries, these cases are present throughout
the world.
These cases are some of
the most daunting we deal with as we protect American citizens
around the world. Let me be perfectly clear: there are no
easy answers. We understand the human tragedies involved
for the parents as well as the children, and view continued
engagement, no matter how disheartening and difficult, as
a major priority.
The Office of Children's
Issues in the Bureau of Consular Affairs receives daily
requests for assistance from distressed parents whose children
have been abducted from the United States or wrongfully
retained outside the U.S. Our overall policy on this issue
is to work within the legal structure of the country in
which the child is located. We rely on different tactics
as each situation warrants, but this approach has not proved
to be successful in obtaining the return of all abducted
children.
In some cases the Hague
Convention on the Civil Aspects of International Child Abduction,
to which the United States became a party in 1988, provides
a solution. The Hague Convention provides a civil mechanism
for returning children who have been wrongfully removed
from, or retained outside of, their country of habitual
residence. The Office of Children's Issues acts as the Central
Authority for administration of the Hague Convention in
the United States, assists parents with the application
process, and monitors the cases in the foreign court.
In some Hague signatory
countries, we still have difficulty obtaining the return
of American children, since some countries in Western Europe
do not have adequate enforcement mechanisms to ensure that
the orders of their own courts for the return of children
under a Hague proceeding are enforced. We continue to discuss
with these governments means to improve enforcement of Hague
decisions.
When a child has been taken
to a country that is not a party to the Hague Convention,
the Office of Children's Issues, in cooperation with our
missions abroad, assists parents by confirming the location
of children, verifying the well-being of the children, and
providing general information, short of legal advice, which
we are prohibited from giving, about child custody laws
and procedures in the foreign country.
In these cases, the only
remedy for American parents would be court action in the
country in which the child is located, since a custody decree
originating in the United States is not binding in a foreign
country. We provide Americans with lists of foreign attorneys
who may be able to assist in filing a custody proceeding
in a foreign court. We have also published flyers on international
parental child abductions to 33 countries, which are available
on our website (http://travel.state.gov).
Our interest in these cases
does not end on a child's 18th birthday. Necessary efforts
to assure the well being of the now-adult American citizens
are undertaken by the Office of American Citizens Services
in the Bureau of Consular Affairs until that adult American
informs us that he or she does not require assistance.
We have concluded through
our experiences with these tragic and unfortunate cases
around the world that we must, to the greatest extent possible,
work within the legal structure of the country involved
to have the greatest chance of success.
Let me now turn to the United
States’ relationship with Saudi Arabia. This relationship
is multi-faceted and complex. Energy was at the core of
our relationship from the outset, more than half a century
ago, and with 25 percent of the world's proven oil reserves
in Saudi Arabia, energy remains a key element. The Gulf
War strengthened our security ties, and Saudi Arabia plays
an important role in our regional security strategy, as
we saw most recently in Afghanistan.
More than 250 U.S. companies
are active in Saudi Arabia in sectors such as services,
defense, civil engineering, information technology and energy.
The United States is the dominant supplier of goods to Saudi
Arabia--U.S. exports in 2000 totaled $6.2 billion; almost
double that of Japan, the next largest supplier. In fact,
Saudi Arabia vies with Israel as the largest destination
for United States exports in the Middle East. Saudi Arabia
has turned to the United States to help it with major initiatives
in the areas of public works, energy, health and education.
As part of this relationship,
since the 1970s, tens of thousands of Americans have worked
in the Kingdom building the infrastructure of a modern state
and developing the Kingdom's vast energy resources. Some
37,000 Americans currently reside in Saudi Arabia.
Tens of thousands of Saudis
have studied in the United States and returned to the Kingdom.
These U.S. graduates have formed the basis of the modern
Saudi Arabia’s governmental, business, and industrial
base. Countless friendships and in some cases, marriages,
and children have emerged from this interaction.
Notwithstanding our close
security and commercial relationships, our two countries
reflect very different cultural and legal traditions. It
has been relatively easy for us to agree on broad regional
goals of stability and moderation. It has been far less
easy for us to find a common basis on which to discuss human
rights, in particular religious freedom and women’s
rights.
Over the past several decades,
our consular officers in the Kingdom have seen the following
types of cases:
--Child custody disputes:
the majority of these cases involve children born to American
mothers and Saudi fathers who reside in Saudi Arabia. The
parents may or may not have divorced, and the mother wishes
to leave the Kingdom with her children.
--International parental
child abduction: in these tragic cases, children have been
abducted from the United States to Saudi Arabia by one of
the parents. While most of the abducting parents are Saudi
fathers, some are non-Saudis and some are female.
--U.S.-Saudi women wishing
to depart Saudi Arabia: there are a few cases of dual U.S.-Saudi
national women over 18 years of age who cannot leave Saudi
Arabia without the permission of the Saudi father or husband.
--Commercial and criminal
disputes: another category includes United States citizens
involved in commercial disputes or criminal investigations
in Saudi Arabia who have been prevented from departing the
Kingdom during their legal difficulties.
Saudi Arabia's laws are
based on Islamic law and the Koran is the country's constitution.
Saudi Arabia is home to the two most sacred Islamic sites,
and Islam is the only sanctioned religion for citizens.
The state favors the practice of a very conservative form
of Islam following the teachings of the 18th century religious
scholar Mohammad Abdel Wahab. This interpretation of Islam
combined with prevailing conservative social customs, has
limited the role of women in society and made them subject
to male control. Matters relating to the home—children
and wives—are governed by Islamic law, and the government
does not intervene.
Even though our own views
of women and individual freedom differ so markedly from
Saudi views, we have tried to find some common ground on
which to address such painful issues as child custody.
To protect our citizens
while traveling, living, or working in Saudi Arabia, we
take the following approach: The United States Embassy in
Riyadh is the focal point for assistance to and engagement
with American citizens in Saudi Arabia. Two consulates in
Jeddah and Dhahran work in conjunction with the Embassy
on cases in the areas of Saudi Arabia under their responsibility.
The consular sections, in
consultation with the United States Ambassador, the Consular
Affairs Bureau, the Near East Affairs Bureau, and other
offices and Agencies coordinate closely on cases related
to American citizens. With 37,000 U.S. citizens in Saudi
Arabia, including the many adults who have chosen to work
in various sectors of the Saudi economy, this is a major
task.
As is the case throughout
the world, we have no higher priority than the safety and
security of our citizens. I believe our record shows a consistent
and sustained engagement on child custody cases in line
with this priority. But as noted above, we operate in accordance
with the laws of our two governments, laws that do not mesh
well on civil and social issues.
For example: we have acted
on cases of U.S. citizens who cannot leave Saudi Arabia
on a government-to-government basis. Unfortunately, those
cases involving family issues and child custody are viewed
by the Government of Saudi Arabia as family matters to be
resolved in the Shari 'a system of justice. Complicating
our efforts to resolve these cases is the fact that dual
nationality in Saudi Arabia is illegal, U.S. court orders
are unenforceable, and women cannot transmit citizenship
to their children under Saudi law.
International parental child
abductions to Saudi Arabia are some of the most difficult
cases to resolve. The Kingdom of Saudi Arabia is not a signatory
to the Hague Convention on the Civil Aspects of International
Child Abduction, to which the United States became a party
in 1988. The Saudi Arabian Government does not consider
it illegal for the children of Saudi citizens to be removed
from the United States and taken to the Kingdom, regardless
of their place of habitual residence or lack of consent
by the other parent.
While arrest warrants have
been issued in the United States against several Saudi abductors,
the lack of an extradition treaty between the United States
and Saudi Arabia has limited the effectiveness of criminal
sanctions under the International Parental Kidnapping Crime
Act of 1993.
In response to this situation,
the State Department has taken specific direct actions to
mitigate the worst aspects of this situation and has continued
to engage the Saudi Government on the overall situation.
On specific direct actions we have:
-- Worked with the Saudi
parent to permit voluntary access to their children in order
to conduct welfare and whereabouts visits to ensure the
well being of abducted U.S. citizen children. In cases where
Saudi parents refuse to permit access to their children,
we seek the support of Saudi officials and continue to press
for access both directly with the family and through the
Saudi Government. We have had some limited success in arranging
visits by American citizen parents with their children in
Saudi Arabia, but such visits to date have admittedly been
few.
-- Under Saudi law, all Saudi citizens and permanent residents
-- including American citizens -- must obtain exit visas
before departing the Kingdom. Women in Saudi Arabia may
not obtain an exit visa without permission from their husband,
father, or other male sponsor in the Kingdom. Children must
have permission from their father. It is a crime in Saudi
Arabia for women to remove their children from the country
without the father's permission. In cases involving serious
and substantiated abuse of an American woman or child, we
have worked with Saudi Government officials to obtain permission
from Saudi citizens for the wife and sometimes the children
to depart the Kingdom. However, the Saudi government has
never to our knowledge issued an exit visa to an American
woman or child if the Saudi citizen maintains his objections
despite pressure from his government.
-- If a Saudi husband refuses to grant permission for his
American wife to leave Saudi Arabia, the woman must obtain
a divorce in Saudi court before she can legally depart the
Kingdom. The U.S. Mission provides women with lists of Saudi
attorneys specializing in family law, and monitors these
court proceedings to ensure that the American women receive
a fair hearing.
United States Ambassadors,
as the President's representatives in Riyadh, have raised
these cases with the Saudi Government. In all candor, these
efforts have not produced a change in the overall situation.
We have also raised the issue of child custody cases at
the highest levels of the Saudi Government including most
recently when Near East Affairs Assistant Secretary Bill
Burns raised the matter with Saudi Arabia's Crown Prince
Abdullah last week. We have carefully considered different
tactics to address this issue and to date have found that
focus on a case-by-case basis has provided the only way
to maintain channels of communication with the Saudi parent
and Saudi officials, which have led to some welfare and
whereabouts visits and occasional visits by the American
parent to children in the Kingdom.
Let me briefly review other
cases of U.S. citizens currently prevented from leaving
the kingdom. There are currently two U.S. citizens in Saudi
jails. One is being tried for murder and the other finishing
a sentence for alcohol and drug possession and use. Some
citizens have been involved in financial or commercial disputes,
or have been part of criminal investigations conducted by
the Saudi Government. The Embassy and consulates in Saudi
Arabia, working with Saudi authorities or company representatives,
have been able to resolve such incidents on a case-by-case
basis in the past. We have not been contacted recently for
assistance in any cases of this nature.