Relief as Saudi Arabia enacts laws on domestic violence

By JOE KIARIE

Kenyan leaders have called for caution after Saudi Arabia adopted its first-ever law criminalising all forms of domestic violence.

The “Protection from Abuse” law, approved by the kingdom’s Council of Ministers last Monday, would treat as an offence all forms of exploitation including physical, psychological and sexual abuse as well as threat of abuse, both at home and in the workplace.

 According to the Saudi Gazette, offenders now face a jail term ranging from one month to one year, or fines of up to $13,000 (Sh1.1 million), or both. The punishment will be doubled in the case of repeat offenders. The landmark legislation gives those who report abuse the right to remain anonymous, as well as immunity from litigation should abuse fail to be proven in a court. It will also provide shelter for victims of abuse.

Previously, domestic violence against women, children and servants inside Saudi homes has been legally considered a private matter and treated under a general penal code based on Sharia law.

Kenya, which has over 10,000 domestic workers and another 40,000 professionals working in the gulf state, is among countries that have been worst affected by the hitherto lax laws, with multiple cases of death, serious injuries and mistreatment as a result of violence frequently reported among domestic workers. Francis Atwoli, the Central Organisation of Trade Unions (COTU) secretary general, says there is no reason to celebrate as the law is very lenient.

“Saudi Arabia is the number one abuser of domestic workers and children. There is a lot of indirect slavery that should draw severe punishment yet under the new law, offenders will simply pay fines and be free,” he said.  Atwoli argues that to win global confidence on treatment of foreign workers, Saudi Arabia should, like other leading countries, enact harsh penalties that would condemn those who commit domestic violence to up to 10 years behind bars. “In the meantime, the Kenyan government should cancel all approval certificates issued to employment agencies sending people to the gulf,” he states.

Mombasa Senator Hassan Omar says the new law is far from sufficient to serve as deterrence. “In Kenya, those kind of abuses attract very punitive sentences, some ranging from 15 to 20 years,” he says.

But he terms the legislation as vital because the Saudi Government has eventually acknowledged that all is not well. “It is a response to the international outcry over rampant cases of abuse that have dented Saudi Arabia’s image. It seems there is a commitment from the government now,” he says.  Hassan advises Kenyans not to react to the law by seeking for jobs in the gulf state enmasse and urges the government not to relent on its current stand that has seen travel to seek low-income jobs in the gulf restricted.

“We have to wait until the situation improves; we can only review our position if there is real change,” asserts the senator.  Kenya Muslim Youth Alliance Executive Director Abdulhamid Sakar said the new legislation means much to Kenya.