An outline report on activities of MHR during 2003
2004-03-20
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The Ministry of Human Rights (MHR) achieved numerous activities in all fields in connection with human rights during 2003. This report will try to count the most important activities.
In the light off these activities preparations are in full swing to set a national strategy with clear vision and dimensions inspiring all plans and programmes of the humanitarian dimensions and reflecting the serious trends of the political leadership represented by president Ali Abdullah Saleh who gives human rights much interest and care. The report includes the following mean topics:
· The Institutional Building of the MHR,
· Participation in External Events,
· Reports and Releases,
· Technical Committee Activities,
· Domestic Complaints,
· Prisons’ Conditions,
· International Organizations and Relations,
· Civil Society Organizations,
· Awareness,
· Plans and Programmes.
· Building of Capacity and Training,
· Obstacles, and
· Recommendations.
I. The Institutional Building of MHR
The MHR has achieved the following tasks:
1- The ministerial decree No. (300 for 2003 on forming a committee in charge of preparing the regulatory bylaw, which comprises representatives from the bodies concerned.
2- The draft regulatory bylaw of MHR was submitted to the Cabinet on August 24, and it was approved with some slight amendments and was, then, referred to the bodies concerned for finalizing it.
3- The regulatory bylaw of MHR was issued in accordance with the republican decree No. (205) for 2003.
4- An internal bylaw was prepared whereby the subdivisions of MHR were determined.
5- A ministerial resolution draft was prepared for forming an advisory panel for MHR representing all the civil society organizations.
6- The Prime Minister resolution draft was prepared for forming a technical committee.
7- The first stage of Information Unit of MHR was launched.
8- Preparations for national strategy of human rights started.
9- A component of human rights in the strategy of poverty alleviation was prepared.
II. Participation in External Events:
1- The Minister of Human Rights, Amat alAlim alSoswa took part in the annual meetings held in Oman from 13 –17 December.
2- Minister alSoswa also participated in the symposium, which was held in Washington under the slogan (Windows on the Yemeni Cultural Heritage).
3- MHR participated in the third extraordinary meeting of the Executive Council of the Arab Women Organization which was held in the Arab League from 7 to 9 December.
4- MHR participated in the workshop on (the Arab States and Universal Mechanisms for Protection of Human Rights) held in Morocco from 24- 28 September.
5- MHR took part in the workshop on Integrating Concepts of Human Rights in Development held in Beirut from 27-19 June.
6- MHR took part in the 59th Session of the Commission of Human Rights in Geneva.
7- MHR participated in the first meeting on Dialogue of Cultures held in Amman. Jordan under the slogan (Women and Sustainable Development).
8- MHR participated in discussion of the report on the Economic, Social, and Cultural Rights in Geneva from 11- 13 November.
9- MHR discussed the Yemen report on level of implementation of Convention Against Torture in Geneva from 17 –18 November.
10- MHR participated in the 34th training course of the International Institute for Human Rights in France, which was held in June.
11- MHR took part in the 55th Session of Subcommittee of Enhancement and Protection of Human Rights in Geneva from 28 July –15 August.
12- MHR took part in he meeting of the governmental experts on following up the Cairo declaration of human rights in Islam held in Jeddah from 27-29 January.
13- MHR took part in the meeting of the Permanent Arab Committee for Human Rights on updating the Arab charter on human rights.
14- MHR participated in the meeting of the Permanent Arab Committee for Human Rights in its 27th round.
15- MHR participated in the meetings of the High Commission of Human Rights in Beirut.
III. The Reports and Releases:
The MHR received many reports either through newspapers or from local or international organizations, and the following are examples:
A report from the Amnesty International AI on torture against the Yemeni citizen, Sami AlSharjabi while being investigated about a murder crime.
A report from the representative of the UN High Commission of Refugees, about kidnapping the two children of the assistant representative of the Commission by an officer of the Criminal Investigation.
A report from the Human Rights Watch, on circumstances of assassination of the Assistant Secretary General of Yemen Socialist Party, and the trial of the assassin and allegations that political security organization is involved.
A report from the Geneva-based High Commission of Human Rights, on the news that tightened security measures were imposed on the house the journalist Hussan AlZaidi and holding some of his family members because of his articles and
Report from the Yemeni embassy in Washington on allegations that a Saudi citizen has committed a suicide in a Yemeni prison after his request for political asylum was refused.
Report from the General Secretariat of the Yemen Socialist Party on political prisoners since 1984, and that there is abusive practices promoted by the school curriculum.
A letter from the Yemen embassy in Germany that a German group belonging to AI is requesting a clarification about the legal status of Mohammed Ahmed Saeed AlEydhahi who is detained in Guantanamo and clarification about the rest of the Yemen detainees and steps taken by Yemen so far.
Therefore, memorandums were written to the concerned bodies and contacts with the concerned parties were made.
IV. Evaluation of the level of implementation of conventions and international covenants ratified by Yemen.
1 – preparation of periodic national reports related to the level of implementation of the international commitments towards international human rights conventions through:
A – Classification of the international covenants and conventions related to human rights about which Yemen should report on.
B – following up the dates of submitting of periodic reports to the specialized committees.
C – following up the dates for reports’ discussion.
D - Forming national teams (from experts and specialists) to prepare these reports.
E – printing of the final reports and presenting it to the minister and related bodies to give their pinion.
F – providing information related to Yemen’s legal, judiciary and administrative developments in order to use them when preparing reports or discussing them.
2-Keeping the national reports in the archives.
3-Following the legal and judicial developments in all fields.
4 – replying to recommendations and observations that come to the administration from concerned human right organizations and studying them and addressing related bodies about those recommendations.
5 – submitting on time national periodic reports to the high commissioner for human rights.
6 – recommending a number of judicial, legal and administrative amendments for issues that international organizations repeatedly called for its changes as they are not in harmony with the content of the conventions ratified by Yemen and showing those recommendations and observations to the related bodies. For example:
1 – coordination and preparation of the country report on the level of execution of international convention against torture and providing the team with all required information. The report discussion took place in17 – 18 /11/2003.
2 - Coordination and preparation for discussion the country report on the level of country execution of cultural, social and economical rights and providing the team with all required information. The report discussion took place in 12 – 13/11/2003.
3 – preparation of replies to the first part of recommendations on the country report on the level of the execution of the international covenant of the political and civil rights, in coordination with mission that participated in report discussion
4 – submitting country periodic report on child convention to the related international organization in - /5/2003.
V. Technical Committee Activities:
- Severtimetablegs have been held headed by Minister of Human Rights Amat alAlim alSoswa at the headquarters of the Ministry. The timetable included many issues, which were discussed by the committee. The committee participated in preparing the national report about the level of implementation of human rights conventions and treaties. The committee also took part in discussion of the reports of international organizations, in Geneva.
The committee prepared studies, reports and necessary analysis about different human rights issues, which have been submitted to the committee in order to study them and give their opinion about those issues, and recommend suitable solutions for problems they may face. The most important of those issues are as follow:
- Studying the possibility of modernizing the Arab charter for human rights and participating in the extraordinary session of the Arab permanent Committee for human rights of the Arab League from 1 – 12October.
- Studying the letter of the High Commissioner for Human Rights (No.640, 2002) about the rights of migrants.
- Studying the decision of the international human rights committee on compensation and rehabilitating victims of violations of rights and freedoms.
- Preparing notes on the letter of the High Commissioner for Human Rights concerning the decision No.45, 2002 about the military service.
- Showing observations on the decision of the High Commissioner for Human Rights about the right t o compensation and rehabilitation of victims of violations.
- Studying the letter of the Interior Minister about the American Committee’s report on refugees’ conditions in Yemen.
- Studying the possibility of signing the optional protocol of the Convention on Elimination All Forms of Discrimination Against Women (CEDAW).
- Preparing initial rationales about the needs of members of the technical committee of human rights projects, and aspects of cooperation with the High Commission for Human Rights.
- Studying the letter of the High Commissioner for Human Rights to the Yemen’s permanent mission in Geneva concerning the decision of the United Nations General Assembly about terrorism and human rights.
VI. Domestic Complaints
The MHR received some 200 complaints about the following subjects:
· Application of some legal articles
· Review of some judicial sentences
· Procrastination of issues with some of the concerned bodies.
· Interference with the governmental bodies on many issues.
· Demanding the rights of security.
· Demanding financial rights.
· Illegal imprisonment.
· Appeals and reports of freedom of speech and opinion.
· Demands of labour rights.
· Citizenship rights.
· Arbitrary dismissals and violation of sacredness of houses.
· Administrative issues.
The complaints were studied and the result was:
180 memorandums were addressed to General Prosecutor, Ministry of Interior, Political Security, Ministry of Health, Ministry of Communication, Ministry of Insurance, and Ministry of Justice Authority of Caring of the Families Martyrs of Revolution, Ministry of Defence, and Presidential Office. Authority of prisons,
Ministry of Social Affairs and Labour, Ministry of Foreign Affairs, Ministry of Transportation.
Accordingly, the Ministry has received 50 memorandums, which reflected the cooperation of officials.
VII. Prisons’ Conditions
A field team was assigned to observe the conditions of prisons.
Team formation:
Minister of interior, chief of the team
Minister of Human Rights, member.
Minister of Vocational training and technical education member
Judicial inspection chairman (Prosecution), member
Assistant Deputy Minister of Justice, member
The team began its visit under the leadership of minister of Human Rights because the minister of interior apologized for some reasons.
First
General Conditions of Jails and Prisoners.
The team has met the officials concerned in order to clarify aims of the task that team is assigned to achieve. Many issues were discussed to serve the promotion of prisons' conditions and how to improve the conditions of prisoners.
Then, the team moved ahead to the Governorates' prisons to get to know the conditions of prisoners.
The team realized the following:
Health condition is poor and cases of contagious diseases are suspected to increase specially (HIV)
· Prisoners under judicial sentence are staying together with those still under custody.
· Extra judicial prisoners were founded.
· Jails suffer from the lack of training and qualifying programs.
· Some prisoners have no enough blankets.
· Food lacks of the main elements that meet the needs of body.
Some prisoners have spent the whole period of their sentences but still there because they are obligated to pay some dues on them.
· Jails are very old and suffer from the simple means of civil defence.
· There are no enough provisional detentions.
· There is a lack of medical check up.
· There are some refugee prisoners who have not been judged.
· No policewomen in women departments.
· Some cases were infected with tuberculosis and cancer.
· Some cases were in jails for tribal troubles and revenge (hostages)
· Some districts have no prosecution offices.
· Some jails are not large enough for all prisoners.
· There are no particular prisons for juvenile delinquents.
· There are no particular prisons for women.
· Jails suffer from the lack of programs of training.
· There are no trainers to train prisoners.
· There are no ambulance cars to transfer ill prisoners to hospitals.
· Jails suffer from the lack of good food and health.
· There are no vocational training workshops.
VIII. The International Organizations and Relations
An agreement on technical cooperation between MHR and UN High Commission for Refugees Affairs (UNHCRA) was carried out through holding training courses and awareness activities in Sana’a and a number of governorates.
An appraisal report on the refugees’ conditions in Yemen was prepared in coordination with the two ministries of interior and exterior and (UNHCRA).
Yemen’s remarks and notes on updating the Arab charter on human rights were prepared, and then were included in the amended charter.
IX. The Civil Society Organizations
The MHR organized a number of consultation meetings with the objective of finding out a mechanism for a real partnership between the MHR and the civil society organizations working in Yemen.
· The first consultation meeting with the civil society organizations was held on 20 July.
· The first consultation meeting with the representatives of the political parties was held on 3 August.
· The first consultation meeting with lawyers syndicate was held on 24 August.
· The first consultation meeting with lawyers and judges was held on 24 September.
· The Minister of Human Rights sponsored a number of events organized by the civil society organizations.
· MHR took part in the training course on human rights in the family and society, which was held by the Islam Studies Centre in Holland from 22-24 July, Sana’a.
· MHR participated in the national workshop on preparing the parallel reports, which was held by the Information and Training on Human Rights Centre from 11-12 October.
· MHR took part in the seminar on human rights in Yemen and the reports of the international reports held on 13 August.
· MHR participated in the symposium on (Current Challenges Facing the Arab Movement of Human Rights) held on August 24.
· MHR took part in the symposium on the parliamentary elections and their impact on deepening the democracy in Yemen, August 20.
· MHR took part in the training course on developing the skills of the non-governmental organizations in field of good governance, December 30.
· MHR participated in the national workshop on (For Yemen Without Torture), held in 11-12 October.
· MHR took part in the seminar on (Yemen Put Aside the Rule of Law in the Name of Security) September 24.
X. Awareness Programs:
The Ministry of Human Rights has been exerting great efforts to spread awareness and concepts of human rights among society as such an issue is considered to be the most important activity of the ministry. In order to fulfil its commitments and tasks, the ministry of human rights implements the following awareness program:
1 – Distribution of human rights national reports for the year 2001 – 2002 including the country reports submitted to related human rights international organizations.
2 – Distribution of human rights and development book.
3 – Distribution of six posters (3500 copies of each) with the posters containing different human rights concepts such as rights of women in the elections, rights of prisoners, texts from universal declaration of human rights, articles from the penal codes and child rights.
4 – Distribution of four books entitled:
- Human rights guide in the Yemeni law (3000 copies)
- Treaties and conventions that have been ratified by Yemen (3000 copies)
- International decrees (3000 copies)
- Fundamental documents of human rights (3000 copies)
5 – Distribution of 6,000 thousand copies of the universal declaration of human rights. These copies have been distributed to official institutions, civil society organizations, political parties, prisons, newspapers and houses of care and rehabilitations.
Covering events organized by the ministry on different occasions.
6 – Celebrating the universal declaration of human rights.
Under the auspices of Prime Minister Abdul Qader Bajammal, the Ministry of Human Rights celebrated the 55the anniversary of the universal declaration for human rights.
7 – Establishing Information Unit for the Ministry.
- Providing the library with legal books and references of rights and studies and researches related to human rights. The ministry is working constantly to finish the establishment of database on human rights.
8 – The ministry’s web site was launched.
XI. Programs and plans:
1 – Preparing the second half of the ministry plan of action for the year 2003 and submitting it to the council of ministers.
2 – Preparing the plan of action for the year 2004
3 – Putting awareness programs for media.
4 – Participating in the meetings of the general strategy for motherhood and childhood for 2003 – 2005.
5 – Preparing a plan of action for making media shed the lights on the human rights issues and submitting it to radio and TV. Corporation.
6 – Preparing for a monthly magazine to be issued by the ministry.
7 – Preparing the plan of the ministry about the strategy of poverty alleviation.
8 – Preparing the plan of the ministry on the strategy of protecting from AIDS
XII. Training and qualification:
- Within the UNDP capacity building projects, the ministry of human rights organized for the staff of the ministry a training course on the principles of modern executive management. The program included intensive training on computer and principles of modern management in October/2003.
- Participating in writing and management of proposal training course, which has been organized by Fredric Ebert Foundation from 1 – 30 July.
- In cooperation with HURIST, the ministry of human rights organized a training course in the field of capacity building, from1 – 3 March.
- Participating in the Arab third human rights course, which has been organized by the human rights information and training center.
- In cooperation with HURIST, the ministry of human rights organized the first training course of training of trainers from 10 – 21 December.
- Participating in the workshop of gender budget preparation, which was organized by poverty alleviation unit from 24 – 20 December.
- In cooperation of the High Commission for Human Rights, the Ministry of Human Rights organized five training courses for officials from Naturalization and Immigration Authority, Ministry of Human Rights and Ministry of Interior on the refugees’ Convention.
- Participating in the second national conference for Yemeni women from 8 – 10 March.
- Participating in the workshop of the electronic gate (electronic government) from 1 – 3 December.
- Participating in the workshop for supporting women lawyers, which was organized by Arab Sisters’ Forum.
- Participating in training course on organization management and writing proposals from 1 – 30 July, which was organized by Fredric Ebert Foundation.
- Participating in workshop of identifying the gender issue.
- Participating in the activities on the importance of population partnership and development, which was organized by the National Council for Population from 7 – 10 August.
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XIII. Obstacles:
1 – The Ministry still has not adequate number of employees. 2 – The human rights magazine has stopped because there is no sufficient budget that can cover the requirements of such a work.
3 – The ministry plan of action 2003 regarding implementation of awareness programs about human rights through TV. And radio was not carried out because of the lack of financial resources.
4 – Issuing of the daily human rights bulletin that depends newspapers in gathering information related to complaints and violations of human rights has stopped.
Terminating contracts for buying daily newspapers.
- The library is in need for books and references.
XIV. Recommendations:
- Providing sufficient budget to support training programs and capacity building to the staff of the ministry.
- Providing necessary support both financially and technically to the information unit of the ministry.
- Providing financial and technical support for the magazine and other human rights publications.
- Integrating human rights concepts into plans of action and information policies.
- Encouraging civil society organizations to participate effectively in the development process.
- Preparing a national project for prisons reforming and prisoners rehabilitation including providing legal support to prisoners who cannot afford costs of hiring lawyers (insolvents).
- Paying more attention to issues of women and gender.
- Integrating human rights concepts into educational curricula
