وزارة حقوق الإنسان

Civil and Political Rights

Yemen acceded to the International Covenant on Civil and Political Rights in 1988 and submitted its 3rd periodic report on 13 July 2001.

Since Yemen acceded to the Covenant, it has played a leading role in the continuing efforts to promote public awareness of human rights which, together with public freedoms, form the basis of democratic society. However, it must be stressed that Yemen, in common with many countries of the world, would find it difficult to guarantee the full enjoyment of human rights without experiencing some problems - at the present time at least - since the laws and legislative enactments aimed at guaranteeing fundamental human rights are still in the process of being applied and implemented.

The Republic of Yemen regards the principle of the right of peoples to self determination as one of the key principles on which foreign policy is based. Moreover, it continually advocates respect for the sovereignty of States and the principle of non interference in internal affairs, which, in its view, is a guarantee of the freedom of self determination.

Yemen emphasizes and supports realization of the right freely to dispose of resources so that the people may enjoy the benefit of their national wealth, together with the development which ensues as a result. To that end, article 8 of the Constitution stipulates as follows: “All types of natural resources and sources of energy, whether under or above ground, in territorial waters, on the continental shelf or within the exclusive economic zone, are owned by the State, which shall ensure that they are exploited for the common good.”

Article 41 of the Constitution stipulates that: “All citizens are equal in regard to their public rights and duties”. Article 31 also stipulates that: “Women are the sisters of men. They have rights and duties which are guaranteed and required by the Sharia and stipulated by law.”

The laws in force regulate all aspects of the system of judicial proceedings, three levels of which are specified under the Judicial Authority Act, while the Code of Criminal Procedure regulates the procedures and time limits for the hearing of disputes and legal grievances.

The Constitution guarantees the right of grievance when it stipulates in article 51 that: “Every citizen shall have the right of recourse to the courts in order to protect his legitimate rights and interests. He shall have the right to submit complaints, criticisms and proposals, directly or indirectly, to the organs and institutions of the State.”

Article 31 of the Constitution establishes the status and position of women in society with the high and lofty notion that “women are the sisters of men”. The Constitution thus guarantees the enjoyment by Yemeni women of all their political, economic, social and cultural rights, without distinction between them and men. The Constitution expresses this equality by using the word “citizen” in its general and all embracing sense, which is understood to include both men and women.

With regard to the political participation of women, the Electoral Act No. 27 of 1996, as amended, makes no distinction between men and women, according to each of them the right to vote, stand as a candidate and serve as a member of the House of Representatives (articles 3 and 51 of the Act). Furthermore, demonstrating an awareness of the considerable social obstacles which may prevent women’s enjoyment of their constitutional and legal right in that connection, the Higher Electoral Committee is required under article 5 of the Act to take steps to encourage women to exercise their electoral rights and form women’s committees to take charge of registering and recording the names of female voters on the electoral rolls and ascertaining their identity.
Women participated in three sets of elections to the House of Representatives, 1993, 1997, and 2003. In the last elections, women constituted more than 42% of the registered voters.

In the Republic of Yemen, any state of emergency is declared by republican decree. The declaration must be presented to the House of Representatives within seven days of its issuance in accordance with article 121 of the Constitution. If the House of Representatives has been dissolved, the former House of Representatives is to be convened in accordance with the Constitution. If the House is not called upon to convene or if, in the event that it is convened, the declaration is not presented, the state of emergency ceases in accordance with the Constitution. A state of emergency is declared only in circumstances of war, internal unrest or natural disaster and only for a limited period which may not be extended, except with the approval of the House of Representatives.

The Republic of Yemen affirms that it interprets none of the provisions of the Covenant as implying any right to violate the rights recognized in the Covenant to a greater extent than the limitation provided for therein and that it does not seek to apply the Covenant in the narrowest sense.
Yemen also affirms its commitment to the Charter of the United Nations, the Pact of the League of Arab States, the Universal Declaration of Human Rights and the generally recognized principles of international law.

The right to life is assured in article 230 of the Penal Code which defines an individual as the following: “A newborn child is regarded as an individual, whether the blood circulation is continuous in all or part of his body and whether or not his umbilical cord has been cut. He is established to be alive when he starts to cry or sneezes or breathes or makes a movement that provides confirmation of life.” The Government of the Republic of Yemen has endeavoured to guarantee this right through the reduction of child and maternal mortality rates.

The death penalty is applied in Yemen within the strictest limits and in accordance with the provisions of the Islamic Sharia and safeguarded by the ultimate ratification of the president of the Republic.

It is firmly established that the legislative enactments of the Republic of Yemen, in particular the Penal Code, categorically prohibit all forms of violation of the individual’s right to life, including genocide. The perpetration of any violation in this connection leads to stringent penalties.

The few cases of enforced disappearance which occurred during the events of 1986 in what was formerly known as the People’s Democratic Republic of Yemen and were successfully dealt with as a result of the cooperation between the Republic of Yemen and the Working Group on Enforced and Voluntary Disappearances of the Office of the United Nations High Commissioner for Human Rights. No disappearances have occurred since the two States merged their identity into the single State of the Republic of Yemen.

Any person sentenced to death may seek pardon which can be granted by a decision of the president of the Republic on the basis of a recommendation by the Minister of Justice subsequent to a final judgement.

Death penalty shall not be imposed for crimes committed by any person below 18 years of age and, similarly, the death sentence is not carried out on pregnant women.

The abolition of capital punishment is primarily incompatible with the principle of justice, impunity being a crime against human rights. The impediments to the abolition of capital punishment are attributable to religion, the Constitution and social circumstances.

Article 48 of the Yemeni Constitution prohibits physical and psychological torture, as well as the extraction of confession by force during investigations.

The Supreme National Committee for Human Rights organized human rights awareness raising seminars for officers of the law and members of the Department of Public Prosecutions in all governorates. The purpose of these seminars was to provide training for officers and raise their awareness of human rights and the rights of suspects in particular, the aim being to ensure that they commit no violations owing to lack of awareness of the legal procedures to be followed in cases of arrest, investigation and interrogation. The seminar also focused on the principle of the sovereignty of the law and respect for human rights in Yemen.

The traditional form of the slave trade has been non existent in Yemen for a very long time. The modern day form of the slave trade, such as traffic in women and the forced prostitution of women, is treated as a serious offence under Yemeni law, which provides for heavy penalties, including death, as stated in article 280 of the Penal Code.

Compulsory labour is also prohibited by law. Article 29 of the Constitution stipulates that: “Work is a right, an honour and a necessity for the development of society. Every citizen shall have the right to engage in the work of his choice, within the limits of the law, and forced labour shall not be imposed on citizens unless required by law for the performance of a public service in return for equitable remuneration.”

Both the Constitution and the Code of Criminal Procedure contain a number of provisions which guarantee the liberties of citizens and safeguard their dignity and security. Article 48 of the Constitution stipulates that: “The State shall guarantee the personal freedom of citizens and shall safeguard their dignity and security. The law shall determine the circumstances under which a citizen may be deprived of his liberty, and no one may be deprived of his liberty except by a judgement from a competent court.”

The Constitution stipulates that a detainee must be informed of the reason for his detention and of the charge against him. The period of remand in custody must also be determined by law. The Code of Criminal Procedure stipulates that the accused person must be brought before a magistrate within 24 hours of his arrest. He must immediately issue a substantiated order for his remand in custody or release him. The person shall under no circumstances be held in detention for a period longer than seven days unless a further judicial order is issued. Both the Constitution and the law contain a number of principles and provisions which guarantee that prisoners are treated humanely and with dignity.

With regard to the categorization of prisoners, article 32 of the Organization of Prisons Act No. 48 of 1991 stipulates that prisoners shall be segregated according to the severity of the crime, age, and sex.

With regard to juveniles, article 11 of the Juveniles Act No. 24 of 1992 stipulates that: “A juvenile under the age of 12 may not be kept in a police station or other security establishment. His guardian or trustee or another trustworthy person must be requested to assume responsibility for his custody, failing which he must be placed in the nearest juvenile rehabilitation home for a period of not more than 24 hours.” Until September 1999, juveniles were held in separate sections of the main prison in Sana’a. However, they have now been altogether removed from the prison and placed in a juvenile correction centre.

The Organization of Prisons Act No. 48 of 1991 contains various provisions which regulate the care and treatment of prisoners in penal institutions with a view to guaranteeing the re education, reform, rehabilitation and social reintegration of prisoners.
Section 5 of the Act likewise regulates the health care of prisoners giving a special attention to women prisoners who are pregnant. The Department of Prisons has strived to develop the resources of various penal institutions and is now in the process of finalizing a comprehensive programme to improve conditions in all the institutions under its jurisdiction, which is to be implemented as soon as the necessary material and financial resources are available.
The Civil Code (Act No. 19 of 1992) gives cases of insolvency various measures of protection among of which that insolvent person cannot be imprisoned to compel him to settle his debt and that his creditor shall be barred access to him until his solvency is established.

Yemeni legislative enactments guarantee liberty of movement, which they regard as a fundamental freedom guaranteed to citizens. The Constitution guarantees every citizen freedom of movement from one place to another on Yemeni territory. It also stipulates that movement may not be restricted, except in the instances prescribed by law with a view to ensuring the security and safety of citizens. Freedom to enter or leave the Republic shall be regulated by law.

Article 15 of the Code of Criminal Procedure also stipulates that: “Restrictions shall not be placed on the freedom of assembly, movement, residence and passage of citizens except in accordance with the provisions of this Code.” The Constitution states that: “No citizen may be expelled from or prevented from returning to Yemeni territory.”

The principle of equality before the law is one of the main principles underlined in Yemeni legislative enactments. It is also one of the most important fundamental rights established for individuals in Yemeni society. Article 41 of the Constitution stipulates that: “All citizens have equal rights and duties.” Article 25 stipulates that: “Yemeni society is founded on social solidarity that is based on justice, freedom and equality in accordance with the law.” Affirming this principle of the Constitution, article 5 of the Code of Criminal Procedure prescribes that: “Citizens are equal before the law and an individual may not be punished or harmed on grounds of nationality, race, origin, language, belief, occupation or standard of education.” The Code of Civil Procedure likewise requires judges to abide by the rules of conduct for the judiciary and to treat the litigants in their court on an equal basis.

Article 1 of the Judicial Authority Act asserts the independent status of the judicial authority in the discharge of its functions and, in their administration of justice, judges are independent and subject to no authority other than that of the law. No party may in any way interfere in a court case or in a matter of justice. Such interference shall be regarded as an offence punishable by law and prosecution in respect thereof shall not be statute barred.

The Constitution and the Code of Criminal Procedure stipulates that an accused person is presumed innocent until proved guilty by a final court judgement and he shall be given the benefit of the doubt. No penalty shall be imposed until a trial has been conducted, in accordance with the provisions of this Act, in which the right of defence is safeguarded.

They also guarantee the right of every accused person to a fair trial, the right to explanation of the charge against the accused and confront him with the proofs and evidence on which the charge against him is based, and the right of an accused person to conduct his own defence or to avail himself of the services of a defence lawyer of his choice.

Concerning the right of an accused person to resort to a higher court, article 7 of the Judicial Authority Act No. 1 of 1990 specifies three levels of litigation before the following courts: The Supreme Court; the court of appeal; the court of first instance.

As the accused person is undeniably regarded as the disadvantaged party in criminal proceedings, it is essential for reasons of justice that he should have guarantees to ensure application of the law most conducive to his interests. The law considered to be most conducive to the interests of the accused is also applied in regard to means of appeal and the rules on time limits in accordance with the Code of Criminal Procedures.

Under Yemeni legislative enactments, interference in a person’s privacy or family affairs is expressly prohibited; article 48, paragraph 1, of the Constitution stipulates that: “The State shall guarantee the personal freedom of citizens and shall safeguard their dignity and security ...” Article 52 of the Constitution also stipulates that: “Homes and places of worship and learning shall be inviolable and may not be placed under surveillance or searched except in the circumstances prescribed by law.” Article 53 of the Constitution further stipulates that: “The freedom and confidentiality of communications by post, telephone, telegraph and all other media shall be guaranteed. They may not be placed under surveillance, searched, divulged, delayed or seized, except under the terms of a court order or in the circumstances prescribed by law.” The penal laws provide for the punishment of any person who violates these freedoms or intrudes in the private life of any individual. The punishment is more severe if the person who carries out such intrusion is a public servant.

Yemenis have been adherents and followers of Islam for over 15 centuries and the Yemeni people of today continue to embrace Islam as their religion. Nevertheless, non Muslims in Yemen have full freedom to practice their religious ceremonies and rites of worship without coercion or pressure. The freedom of the individual to manifest his religion or belief is subject to a provision of the Yemeni Constitution which derives from the Islamic Sharia and is based on the principle of respect for the beliefs of others and for their freedom of choice.

In Yemen, freedom of thought and expression of opinion is not merely a politically motivated banner that is raised and lowered as suits the occasion. On the contrary, it became an essential pillar and cornerstone of the political system following the establishment of the Republic of Yemen on 22 May 1990 and equally represented a major political achievement alongside the multi party system accomplished in the wake of Yemeni unification. Article 42, paragraph 3, of the Constitution stipulates that: “Every citizen shall have the right to participate in political, economic, social and cultural life. The State shall guarantee freedom of thought and expression of opinion orally, in writing or in graphic form, within the limits of the law.” Article 27 of the Constitution also stipulates that: “The State shall guarantee freedom to conduct scientific research and produce literary, artistic and cultural works...”

The Press and Publication Act No.25 of 1990 stipulates the right to freedom of knowledge and thought, freedom of the press, freedom of expression and communication and freedom of access to knowledge and information, the independence of the press, and the protection of journalists.
The Ministry of Information issues decisions concerning licenses to establish newspapers and magazines in accordance with article 35 of the same Act. Nevertheless, anyone whose application is denied may lodge a complaint against the decision with the courts within 30 days of the date when he is notified of the denial or upon the expiration of 30 days without a reply.

Given that the freedom of opinion and expression is constitutionally and legally guaranteed, more than 280 publications are imported, which attests to the sincerity of the democratic approach of the Government.
It must be emphasized that the same act vehemently prohibits the publications and broadcasting of any materials which “foments tribal, factional, racial, regional or family arrogance or pride and to spread dissension and division among the individuals of society or anything which calls for their stigmatisation as heretics or which incites the use of violence and intimidation.”

Similarly, article 8 of the Political Parties and Organizations Act No. 66 of 1991 prohibits the establishment or continued activity of any political party or organization which has a regional, tribal, factional, class or occupational basis, or which discriminates among citizens on grounds of sex, origin or colour, or which opposes religion or stigmatises other political parties or organizations or society and its individual members as heretical, or which claims to represent religion, patriotism, nationalism or revolutionary ideals.

Article 58 of the Constitution stipulates that: “Citizens throughout the Republic shall have the right to organize themselves politically and professionally and in trade unions, and to form scientific, cultural, social and national organizations and federations which serve the aims of the Constitution, provided that such organization does not contravene the provisions of the Constitution. The State shall guarantee this right, adopt all the measures needed to enable citizens to exercise it, and safeguard all the freedoms of political, trade union, cultural, scientific and social institutions and organizations.” Article 5 of the Constitution also stipulates that: “The political system of the Republic of Yemen is based on political and partisan pluralism with a view to the peaceful changeover of power. The rules and procedures in connection with the formation of political organizations and parties and the exercise of political activity are regulated by law …”

The Civil Associations Law NO.1 of 2001 imposes no restrictions whatsoever on the right to establish or form civil society organizations, except in the cases which contradict the laws.

Articles 151 and 152 of Republican Decree No. 5 of 1995 guarantee the right to establish trade union organizations. Article 151 stipulates that Workers and employers shall have the right to form their own organizations and join them of their own accord”.

As\a result of this conducive environment there are approximately 4,000 associations and dozens of occupational trade unions for workers, teachers, engineers, doctors, lawyers, journalists and members of other occupational groups in Yemen.

The Constitution of the Republic of Yemen regards the family as the cornerstone of society that is rooted in religion, morality and patriotism. Accordingly, article 26 of the Constitution states that “the family is the basis of society …” and stresses the importance of preserving the family entity and strengthening its ties. The Personal Status Act No. 20 of 1992, as amended, recognizes the right of men and women to marry and found a family. Article 6 of the Act stipulates that: “Marriage is a relationship between two spouses according to the terms of a legal…” The marriage contract should be based on the consent of both parties. Article 10 stipulates that: “Any contract based on coercion of either of the spouses is null and void unless it is thereafter renewed by mutual consent.”
The mutual rights and obligations of the spouses during their marriage or in the event of dissolution of their marriage are set forth in various articles of the above mentioned Act, as amended. However, Yemeni law to a certain extent gives precedence to the woman’s rights on numerous social and moral grounds. This is illustrated in the right to custody. Article 141 also stipulates that: “The mother has a greater right to custody of her child, provided that she is found fit to undertake that custody, and she cannot forfeit this right unless the child accepts another person, failing which she is obliged to undertake custody of her child, such being the child’s right ...”

With regard to the rights of children in general vis à vis their families and society, the Government of the Republic of Yemen is showing due concern for this aspect. Numerous articles in the Act asserts that every child has a right to be nurtured, cared for and maintained by his or her parents and other relatives.

The right to education is also a public right guaranteed to all individuals under the terms of article 54 of the Constitution, which stipulates that: “All citizens have a right to education, which the State shall provide in accordance with the law through the establishment of various schools and cultural and educational institutions. In particular, the State shall cater for the welfare of the younger generation, protect it from delinquency, ensure its religious, intellectual and physical upbringing and ensure appropriate conditions for the development of its talents in all fields.”

Additionally, every child has a guaranteed right to enjoy the social, educational, health, recreational and other services provided by the State. The State has also established social welfare institutions for the care and rehabilitation of juvenile delinquents or potential delinquents and is providing the resources and financial appropriations needed for the administration and operation of these social facilities.

The child’s right to be given a name by which he or she will be known and be entered in the civil status register is also guaranteed by law in accordance with the provisions of Legislative Decree No. 23 of 1991 concerning civil status and civil registration. Recently, this Decree was amended to give not only the child’s father but also the child’s mother the right to notify the birth to the nearest civil registry within 60 days.

Yemeni law respects the right of every child to hold a nationality. Due regard for this humanitarian aspect is shown in article 44 of the Constitution, which stipulates that: “Yemeni nationality shall be regulated by law. No Yemeni shall be deprived of his nationality under any circumstances whatsoever, nor shall it be withdrawn from a person who has acquired it except as provided by law.” It is important to note that the Nationality Act has also been recently amended to stipulate that any person born to a Yemeni mother has the right to hold the Yemeni nationality.

The principle of participation in Yemen is a basic principle of the legislative enactments and laws, which accord to all Yemenis the right to participate in public affairs by various means. According to article 4 of the Constitution, “The people are the source and holder of authority, which they exercise directly, through referendums and public elections, and indirectly through the legislative, executive and judicial bodies and the elected local councils.”

Article 3 of the General Electoral Act stipulates that every citizen who has reached the age of 18 Gregorian years shall enjoy the right to vote. The right to candidacy is also guaranteed in article 51 of the General Electoral Act which gives every citizen whose name is entered on the electoral list in the constituency in which he is resident for electoral purposes the right to stand as a candidate therein, provided that he is a Yemeni citizen; at least 25 years of age; literate; and of good conduct and moral standing and safeguard religious rites.

Three series of legislative elections have been held since 1990; 1993, 1997, and 2003. The first direct elections for the presidency of the Republic were held in 1999 and had a strong turnout. On 20 February 2001, a referendum on constitutional amendments was held in conjunction with local elections in a move by the State to decentralize, give more authority to local councils and increase their decision making capacity.

Article 12, paragraph (c), of the Civil Service Act No. 19 of 1991 stipulates that: “The Civil Service shall be staffed in accordance with the principle of equality of opportunity and equal rights for all citizens, without any discrimination.

Yemen is a party to the International Convention on the Elimination of All Forms of Racial Discrimination. No racist practices take place in Yemen and equality before the law is guaranteed under article 41 of the Constitution.

In Yemen, no person is denied the right to enjoy his own culture, practice his own religious ceremonies or use his own language. Yemenis are adherents of the Islamic faith and their official language is Arabic. There is, however, a Jewish minority in Yemen that retains its own religion, language and culture. The members of this minority are not denied enjoyment of the right referred to in this article, since they are Yemeni citizens for whom that right is guaranteed by the Constitution.