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Concluding Observations of the Committee on the Elimination of Racial
Discrimination: Yemen. 01/11/2002.
A/57/18,paras.451-470. (Concluding Observations/Comments)
Convention Abbreviation: CERD
Committee on the Elimination of Racial Discrimination
Sixty-first session (5-23 August 2002)
YEMEN
451. The Committee considered the eleventh, twelfth,
thirteenth and fourteenth periodic reports of Yemen (CERD/C/362/Add.8),
submitted in one document, which were due on 17 November 1993, 1995,
1997 and 1999, respectively, at its 1535th and 1536th meetings (CERD/C/SR.1535
and 1536) held on 12 and 13 August 2002. At its 1549th meeting (CERD/C/SR.1549),
held on 21 August 2002, it adopted the following concluding observations.
A. Introduction
452. The Committee welcomes the eleventh, twelfth,
thirteenth and fourteenth periodic reports, submitted in one document,
as well as the additional information that the State party's delegation
provided during its oral presentation and its detailed and frank
answers to the wide range of questions formulated by members of
the Committee. The Committee also expresses its appreciation for
the opportunity to renew its dialogue with the State party after
a lapse of 10 years.
Positive aspects
453. The Committee welcomes recent developments
in the State party with regard to human rights, in particular the
measures of social welfare undertaken by the State party to improve
the living conditions of marginalized individuals and groups.
454. The Committee welcomes the State party's willingness
to cooperate with United Nations bodies and NGOs in the field of
human rights, including on issues relating to racial discrimination,
and the progress made by Yemen in opening up a dialogue with civil
society.
455. Noting with satisfaction the appointment of
a Minister of State for Human Rights in Yemen, the Committee welcomes
General Electoral Act No. 27 of 1996, including its amendments of
1999, and the Political Parties and Organizations Act recognizing
fundamental freedoms, including political and party pluralism.
456. The Committee welcomes the establishment of
a Higher National Human Rights Committee which monitors the fulfilment
of the State party's obligations.
Factors and difficulties impeding the implementation
of the Convention
457. The Committee acknowledges that, as a result
of the civil war in mid-1994, the State party suffered serious socio-economic
and political difficulties which affect its capacity to implement
fully the provisions in the Convention. The Committee recognizes
that some of these difficulties persist in the State party.
Concerns and recommendations
458. The Committee expresses concern about the
fact that the national legislation of Yemen does not contain explicit
provisions prohibiting discrimination on the grounds of race or
ethnic and national origin, in conformity with the provisions of
the Convention.
459. The Committee regrets the lack of information
in the report, despite the Committee's previous requests, concerning
the demographic composition of the population and the socio-economic
status of ethnic groups. The Committee recommends that the State
party in its next report provide detailed information on the composition
of the population, as requested in the reporting guidelines of the
Committee. It also recommends that the State party provide specific
information on the economic and social status of all groups covered
by the Convention, as well as on their participation in public life.
460. The Committee is not satisfied with the claim
by the State party that there is no racial discrimination in Yemen.
It recommends that the State party take effective measures to prevent
racial discrimination and give full effect to the provisions of
the Convention.
461. The Committee expresses concern at the absence
of an explicit penal provision in the State party's legislation
in respect of the mandatory provision prohibiting the dissemination
and promotion of racial discrimination and violence formulated in
article 4 of the Convention. The Committee recommends that the State
party revise its Penal Code in order to introduce specific legislation
and implement the provisions of article 4.
462. While noting that the State party has provided
information under article 5 of the Convention despite the reservations
lodged, the Committee invites the State party to continue to provide
specific information on how this article is implemented and to consider
formally withdrawing those reservations.
463. Given recent political developments, the Committee
also invites the State party to consider formally withdrawing its
reservations to articles 17, 18 and 20 of the Convention.
464. The Committee notes the information given
by the delegation regarding the conditions governing the acquisition
of Yemeni nationality. The Committee recommends that the State party
take effective measures to ensure the right to acquire nationality
for non-citizens, including for non-Muslims and children of mixed
couples, without any discrimination.
465. With regard to the right to equal treatment
before the courts, the Committee notes the absence of information
in the report on cases relating to racial discrimination. It recommends
that the State party include in its next periodic report specific
information on any such cases.
466. In connection with the implementation of article
7 of the Convention, the Committee suggests that the State party
consider intensifying human rights education and training of law
enforcement officers, teachers, social workers and public servants,
and draws attention to its general recommendation XIII in that regard.
467. The Committee recommends that the State party
take into account the relevant parts of the Durban Declaration and
Programme of Action when implementing the Convention in the domestic
legal order, in particular in respect of articles 2 to 7 of the
Convention, and that it include in its next periodic report information
on action plans or other measures taken to implement the Durban
Declaration and Programme of Action at the national level.
468. The Committee recommends that the State party's
reports be made readily available to the public from the time they
are submitted and that the Committee's concluding observations on
them be similarly publicized.
469. It is noted that the State party has not made
the optional declaration provided for in article 14 of the Convention,
and the Committee recommends that the possibility of doing so be
considered.
470. The Committee recommends that the State party
submit its fifteenth periodic report jointly with its sixteenth
periodic report, due on 17 November 2005, that it be an updating
report and that it address the points raised in the present concluding
observations.
©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland
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