Republic of Yemen
The Supreme National Committee for Human Rights
The National Human Rights Report
March 2003
Chapter I: Yemen and Human Rights: Socio-political
Introduction
A) State and Society in Yemen
Location and Population:
The Republic of Yemen is situated in the southwest
corner of the Arabian Peninsula with its approximately 555,000 km2.
The population is estimated at 19 millions with an annual growth
of 3.5% - (one of the highest in the world) and a total fertility
rate of 6.5 children per woman (more than double the world average).
Only 24% of the population lives in urban areas, which has affected
service delivery and development planning.
According to article 2 of the Constitution, Islam
is the religion of the state. However, there is a small Jewish community,
which has been declining as a result of the voluntary migration
to Palestine in the last century. Currently, there are less than
5000 individuals who mainly reside in the governorates of Amran
and Sada’. It is worth mentioning that members of the Jewish community
freely practice their religion and enjoy all the rights and freedoms
guaranteed by the Constitution. Arabic is the official language
of Yemen and
Local Authority:
The Constitution emphasizes the principle of decentralization
and the importance of local councils at the governorates’ level.
Article 145 of the Constitution states that the territory of the
Republic of Yemen shall be divided into administrative units that
enjoy a nominal personality and they are an inseparable part of
the power of the state. In addition, administrative units shall
have councils, which must be freely and fairly elected, both at
the local and governorate level, which shall exercise their functions.
The Law defines the rights and duties of the local councils.
Embracing the principle of decentralization and
local authority is consistent with the adoption of political pluralism
and the promotion of democracy. It is aimed at enlarging popular
participation in decision-making and management of the local concerns
in the spheres of political, economic, and social development. The
state has enhanced the authorities of the governorates through the
gradual implementation of financial and administrative decentralization
with the objective of promoting self and collective responsibilities
to develop remote and underdeveloped sections of the country.
In the process of building the Yemeni modern state’s
institutions based on democracy and political pluralism, the state
has endorsed the Local Authority Law no. (4) of 2000. The Local
Authority Law has granted the elected local councils in the district
level the authority to propose development plans and programs based
on the priorities identified by the local stakeholders. It also
identifies the local, governorate and national financial sources
by which such plans and policies can be implemented.
The Political System:
The political system of Yemen is a parliamentary
– democratic system based on the following principles:
-Yemen is a constitutional, republican, unified,
Islamic, and Arabic state.
It is committed to democracy and partisan pluralism in order to
achieve a peaceful transformation of power.
- The people of Yemen are the possessors and source of power, which
they exercise directly through referendums and general elections,
and indirectly through the legislative, executive and judicial bodies,
as well as through elected local councils.
-The Republic of Yemen confirms its adherence to the UN Charter,
the International Declaration on Human Rights, the Charter of the
Arab League, and tenets of international law as generally recognized.
-The economic system is based on freedom of economic activities
and regulated by legislative and administrative procedures which
aimed at developing and promoting production, achieving social integration
and equilibrium and promote lawful competition between the various
economic sectors and the protection and respect for private ownership.
-The family is the basis of the social system of the country; its
pillars are religion, mores and love of the homeland. Yemeni society
is based on social solidarity, which is based on justice, freedom
and equality.
-Citizens are all equal in rights and duties.
The Creation of the Republic of Yemen:
In May 1990, the Republic of Yemen (ROY) came to
existence as a result of the unification of the Yemen Arab Republic
(North Yemen) and the People’s Democratic Republic of Yemen (South
Yemen). The unification led to the integration of the legislative,
judicial, and executive institutions in the former two states. Upon
its creation, the new state adopted numerous policies, which granted
considerable rights and freedoms to citizens of the republic, including
political pluralism, voting and candidacy rights, freedom of expression,
judicial independence, and equal treatment under the law. Furthermore,
a new constitution was drafted and approved by the majority of Yemeni
people (98.3%) in May 1991. Holding the first unified free and fair
parliamentary elections in April 1993 in which all political parties
and organizations participated culminated this post-unity democratic
and constitutional environment.
Development of the Political System:
The Constitution determines the nature of the political
system in the Republic of Yemen according to the following principles:
1. Constitutional state: the government’s authority
is determined by the constitution and overseen by the legislative
bodies to ensure the protection of rights and freedom.
2. Islamic, Arabic, and Republican state: article
1 of the Constitution maintains the Islamic and Arabic identity
of the Yemeni state and confirms its sovereignty and independence.
In addition, it asserts that Yemen is part of the Arab nation, Arabic
its official language and Islam its religion.
3. Unified State: The Yemeni Constitution states
that Yemen is inviolable and no part may be ceded.
4. The Rule of Law: According to the Constitution,
all citizens are guaranteed equal treatment in the eyes of the law
and no discrimination may occur in their rights and duties. Therefore,
the Constitution confirms that the judges are independent and not
subject to any authority, except the law.
5. Judicial Independence: Article 153 of the Constitution
states that “The Supreme Court of the Republic is the highest judicial
authority.” It undertakes to “judge cases and pleas that laws, regulations,
by-laws and decisions are not constitutional.”
6. Democratic State: The Constitution, in article
4, asserts, “The people of Yemen are the possessors and source of
power, which they exercise directly through referendums and general
elections, and indirectly through the legislative, executive and
judicial bodies, as well as through elected local councils.” The
Constitution also includes various provisions which confirm the
commitment to democracy and the peaceful transmission of power,
the protection of personal freedoms, freedom of expression, the
right of political participation, the right to vote and elect.
Constitutional Rights and Freedoms:
The Yemeni Constitution has provided for a bill
of rights (articles 41-61) that guarantee a wide range of Human
Rights and freedoms:
1. Right to Nationality: Article 44 of the Constitution states “Any
Yemeni shall not be deprived of his nationality. Once Yemeni nationality
is acquired it may not be withdrawn except in accordance with the
law.” In addition “A Yemeni National may not be extradited to a
foreign authority.”
2. Right to Equality: the Constitution states “all citizens are
guaranteed equal treatment in the eyes of the law” and therefore
“The state shall guarantee equal opportunities for all citizens
in the fields of political, economic, social and cultural activities”
(article 24). Moreover, “Every citizen has the right to participate
in the political, economic, social, and cultural life of the country”(article
42).
3. Right to Personal Security: The Constitution, in article 47,
confirms, “Criminal liability is personal. No crime or punishment
shall be undertaken without a provision in the Shari a or the law”
and that “An individual may not be searched, arrested or detained
except if caught in the act, or as a necessity for the completion
of the investigation process, or for the preservation of security
and only on the orders of a judge or a public prosecutor's office
according to the provisions of the law.” Furthermore, “Any person
temporarily apprehended on suspicion of committing a crime shall
be presented in front of a court within a maximum of twenty-four
hours from the time of his detention.” Judicial assistance is guaranteed
by the Constitution. Additionally, “No person may be imprisoned
or detained in places other than those designated as such and governed
by the law of prisons. Physical punishment and inhuman treatment
during arrest, detention or imprisonment are prohibited.
4. The right to protect the sanctity of residence: the Constitution
affirms that residences have sanctity, which may not be violated
through surveillance or search except in the cases stipulated by
the law. (Article 52).
5. Freedom of Expression: According to article 42 of the Constitution
“The state shall guarantee freedom of thought and expression of
opinion in speech, writing, and photography within the limits of
the law.”
6. Right to Confidentiality of Communication: “The state shall guarantee
the freedom and confidentiality of mail, telephone, telegram and
all other means of communications, all of which may not be censored,
searched, exposed or delayed except in the cases specified by law
and according to a court order” (article 53).
7. Right to Education: “Education is a right for all citizens. The
state shall guarantee education in accordance with the law…Basic
education is obligatory.”
8. Social and Economic Rights: The Constitution emphasizes the mutual
enforcement of civil - political rights and social, economic and
cultural rights. It made it the duty of the state to promote the
fulfillment of these two sets of rights.
Political Pluralism:
Political pluralism became the cornerstone of the
unified political system. Law No. 66 (1991) Governing Parties and
Political Organizations affirms that “All Yemenis are entitled to
form parties and political organizations, and they have the right
to a voluntary affiliation to any party or political organization
according to constitutional legitimacy and the principles of this
law.” The perspective of the government is that the parties and
political organizations contribute to the achievement of political,
social, economic, and cultural development and the consolidation
of national unity through democratic practices in accordance with
the constitutions. Political parties and organizations are seen
as national, popular, and democratic organizations, which work to
organize citizens and to represent them politically.
Election System in Yemen:
The Election Law defines the general elections as “The direct means
for the expression of the people's right to designate their representatives
in the parliamentary elections or any other general election.” The
right to vote is guaranteed, under article 3, to men and women who
have reached the age 18 years.
Parliamentary Elections:
Three parliamentary elections have been conducted in the Republic
of Yemen since the achievement of the unification in 1990.
In 1993, the Republic of Yemen held its first nationwide parliamentary
elections in which 22 parties contested for the 301-member Parliament,
fielding 1226 candidates in addition to 1940 as independent candidates.
In this election over 2.6 million people registered, 2.2 million
males (82.21%) and more than 478 thousands females (17.79%). National
and international elections monitoring teams and institutions praised
the elections as fair and free.
The second parliamentary elections were held in 1997 in which the
number of registered voters reached as high as 4.6 millions. In
this election the number of female voters increased to more than
1.2 million (27.91%) in comparison with 3.3 million male voters.
12 political parties and organizations participated. Despite the
difficulties that emerged in the 1997 elections, it was also seen
as another important stride in the democratic process in Yemen.
In 2003, the third parliamentary elections were held in Yemen. The
most outstanding feature of this election is the dramatic increase
in the number of registered voters and the number of female voters
in particular. The total number of registered voters was more than
8 millions of which female voters constituted about 42%.
1999 Presidential Election:
For the first time in the history of Yemen, the President of the
country was elected directly by the people according to the 1994
Constitutional amendment, which made the presidency of the Republic
assumed through election. The Constitution also limits the official
term of the President of the Republic to two seven-years terms.
In the Presidential elections about 66% of the eligible registered
voters participated.
2001 Local Council Elections:
In 2001, Yemeni voters were called to participate in the first local
councils elections to be held in Yemen coinciding with the Constitutional
amendments referendum. Approximately 50% of registered voters participated
in the local councils elections.
Women’s Political Participation:
Women in Yemen have significantly contributed to the promotion and
development of democracy through various channels including the
participation in all elections, membership of political parties,
and the affiliation with various civil society organizations. Women’s
rights have affirmed by the Constitution that states, in article
31 “Women are the sisters of men. They have rights and duties, which
guaranteed and assigned by Shari a’ and stipulated by law.” Their
participation in political life was also emphasized in law (66)
Governing Parties and Political Organizations. Article 8 states
that the establishment of the party or any political organization
may not be based on a discriminatory basis including sex. Furthermore,
the internal organizations and political programs of any party must
not tailored with the intent of discrimination on the basis of sex…etc.
The same principle was echoed in the Elections Law when it defines
citizen as “Every Yemeni national – male or female”. It also defines
the voter as every citizen entitled to vote in accordance with the
provision of the law. The law makes it the duty of the Election
High Committee to “take all appropriate measures to encourage women
to exercise their voting rights and shall set up women's committees
which shall be entrusted with registering the names of female voters
in the voting registers and verifying their identity during the
balloting process at the polling stations assigned to each electoral
district.”
These and other measures have enabled women to assume various high
level positions within the government structure. Besides being appointed
as ambassador and minister as well as elected as MPs, Yemeni women
have occupied important positions in various government institutions
including the Presidential Office, the cabinet, the judicial system,
and numerous public offices.
Organization of the State:
With regard to the organization of the state, the Constitution has
stated for a separation of legislative, executive and judicial power.
First: The Legislative Authority:
The Constitution states, “The House of Representatives is the legislative
authority of the state. It shall enact laws, outline general state
policy, and the socio-economic development plan, and approve the
government budgets and final accounts. It shall direct and control
the activities of the Executive Authority as stipulated in the constitution.”
Upon the declaration of the unified Yemen in May 1990, the Shura
Council in north Yemen and the Supreme People’s Council in South
Yemen were merged to form the new legislative body known as the
House of Representatives with 301 members including 31 members appointed
by a Presidential decree.
However, the Constitution emphasizes that members of the parliament
“shall be elected in a secret, free and equal vote directly by the
people.” Therefore, this transitional body continued to operate
until the first parliamentary elections were held in 1993 in which
301 members were directly elected by the people. Two subsequent
parliamentary elections were held in 1997 and 2003.
The Parliament consists primarily of the House Presidium and the
Permanent Committees. The Presidium is the main organ of the Parliament,
which at its first meeting is directly and secretly elected by the
members for a six-year term. The Presidium consists of the House
Speaker and three Deputy Speakers whereas the number of each permanent
committee ranges between 11 and 15 including elected chairperson
and a secretary. The meetings of the Parliament are held in public
and broadcast on national TV stations. The Constitution in article
72 stipulates that “For the meetings of the House of Representatives
to be valid, it is necessary for more than half of its members to
attend…Decisions shall be taken by an absolute majority of the attending
members except in cases where the Constitution or House regulations
demand a specific majority.”
Shura Council (The Consultative Council)
The Consultative Council was created by a Presidential Decree for
a five-year term with the aim of expanding the range of political
participation and involvement in the decision-making process in
Yemen. The recent Council is composed of 111 members who are known
to have professional expertise and represent various regions in
the country. It has been given numerous Constitutional powers including
commissioning studies and forwarding proposals and recommendations
to inform government agencies on issues such as development strategies
and to contribute to institutional capacity building of state agencies.
Furthermore it gives opinion and counsel to the President of the
Republic at request.
The Council, since its establishment, has organized numerous workshops
and seminars to discuss very significant issues and problems facing
the nation with the participation of representatives of the relevant
government institutions, academics and experts. Comprehensive analyses
of the issues have resulted in the formulation of more realistic
and attainable recommendations to tackle such problems and issues.
Within the organizational structure of the Council, the Human Rights
and Public Freedoms Committee has been established to further demonstrate
the genuine commitment of the Yemeni state to the promotion and
protection of human rights in Yemen.
Second: The Executive Authority:
The executive authority is exercised on behalf of the people by
the President of the Republic and the Council of Ministers. Both
organs participate in the formulation and planning of national policies
and programs, however, the Council of Ministers is responsible for
the execution of overall state policies.
The duties of the President of the Republic:
Article 119 of the Constitution specifies the responsibilities of
the President as follows:
Political and Administrative tasks:
- To lay down, jointly with the government, the general policy of
the state and to oversee its implementation.
- To name the person who will form the government, and to issue
a republican decree with the names of the cabinet members.
- To call the cabinet to joint meeting with the president, as the
need arises.
- To appoint and dismiss senior government officials and military/police
officers according to law.
- To call for national referenda.
Legislative tasks:
- To call the voters, at the specified time, to elect the House
of Representatives.
- To invite the House of Representatives to hold it’s first meeting.
- To promulgate the law passed by the House of Representatives and
their publication, and to issue the decrees that execute them.
- To request a review of any bill which is approved by the House.
Armed Forces:
The President of the Republic is the Supreme Commander of the Armed
forces and, therefore, responsible for maintaining the sovereignty
and independence of the country.
Judicial Tasks:
Among the responsibilities of the President in the judicial sphere
is the appointment of the members of the Supreme Court based on
the nomination of the relevant institution. In addition, a death
sentence shall no be executed unless endorsed by the President of
the Republic.
Exceptional Authority:
The President declares a state of emergency when the country’s sovereignty
and independence is threatened. The House of Representatives shall
be called to session within one week and be presented with the declaration
of emergency which should be for a limited time, and may not be
extended, except with the approval of the House of Representatives.
The Council of Ministers:
The Council of Ministers is the highest executive and administrative
authority of the state. It is composed of the Prime Minister and
his deputies and Ministers. They are collectively responsible for
the actions of the government before the President of the Republic
and the House of Representatives. The Council is responsible for
the execution of overall state policies in the political, economic,
social, cultural and defense fields, according to the laws and cabinet’s
resolutions.
The Judicial Authority:
The judiciary authority is an autonomous authority in its judicial,
financial and administrative aspects. The Constitution as well as
the Judicial Authority Law no.1 of 1990 emphasize the importance
of maintaining the independent status of judges as well as judicial
institutions. Article 149 of the Constitution indicates, “The judges
are independent and not subject to any authority, except the law.
No other body may interfere in any way in the affairs and procedures
of justice. Such interference shall be considered a crime that must
be punished by the law.” The Supreme Court is the highest authority
in the judicial system and it is presided by the President of the
Republic.
Foreign Policy:
Since its establishment in 1990, the Republic of Yemen has been
able to achieve a prominent status in the international community
due to its balanced policies adopted internally and externally.
Internally, Yemen has shown a clear committed to democracy and political
pluralism and to the promotion and protection of human rights. Externally,
Yemen has been able to establish outstanding and cooperative relations
with neighboring countries as well as other states in the region
and the world. Yemen’s foreign policy is based on the convention
that the sovereignty and independence of Yemen is closely linked
to the sovereignty and independence of other states in the region.
Yemen has strived to maintain cordial relationship with its neighbors
based on mutual respect and full determination to solve all problems
through peaceful means. As a result of such policy, Yemen has signed
border treaties with the Sultanate of Oman in 1992 and with the
Kingdom of Saudi Arabia in 2001 as well resolving the problem of
the sea borders with Ethiopia through international arbitration.
B- Human Rights:
The Constitution of the Republic of Yemen confirms its respect and
adherence to the UN and other international organizations’ charters,
conventions and treaties. Therefore, Yemen has been one of the pioneer
states in signing and ratifying most of the international human
rights treaties and conventions.
A parallel process has taken place with the establishment and strengthening
of several national human rights committees and directorates. These
are:
-The Supreme National Committee
for Human Rights:
As part of the Yemeni government’s effort to institutionalize
human rights policies and programs, a cabinet decree no.95 was issued
in 1997 to form the Political and Civil Human Rights Committee.
With the increased commitment of the Republic of Yemen to the promotion
and protection of human rights, another Presidential decree no.
20, was issued in 1998 to create a more inclusive institution namely
the Supreme National Committee for Human Rights (SNCHR) in which
relevant ministries and government institutions were represented.
The SNCHR was presided by the Deputy Prime Minister and Minister
of Foreign Affairs and the Director of the President’s Office was
his deputy. The decree identified a wide range of responsibilities
and objectives of the SNCHR as follows:
- To formulate policies, plans and programs that
aimed at protecting Human Rights in Yemen and enhancing the role
of institutions which deal with Human rights issues. The decree
emphasized the importance of implementing such policies and programs
in accordance with national laws and international treaties and
conventions.
- To establish and coordinate a cooperative relationship
with the Office of the High Commissioner for Human Rights and other
international Human Rights organizations.
- To supervise the implementation of international
Human Rights treaties and conventions and to supervise the process
of preparing Yemen’s reports to UN bodies concerning the implementation
of such conventions.
- To analyze reports prepared by international
Human Rights organizations on the Human Rights situation in Yemen
and to write Yemen’s response to such reports.
- To support Local Human Rights NGOs.
- To formulate plans and programs aimed at increase the Yemeni population’s
legal awareness of Human rights concepts and issues through workshop
and training programs. Judges and law-enforcement institutions should
be the primary attendance of these training programs.
In order to incorporate the contribution and participation
of civil society in national Human Rights institutions specifically
in the SNCHR, the same Presidential decree stipulates the creation
of the Consultative Council in the organizational structure of the
SNCHR. The Consultative Council consists of human rights experts,
academics, human rights activists and representative of NGOS working
in the domain of Human Rights and development.
A further manifestation of Yemen’s commitment to
the enhancement of human rights, the post of the State’s Minister
for Human Rights, who was also appointed as the Secretary General
of the SNCHR, was created as a member of the Council of Ministers
formed in April 2001.
In May 2003, Yemen has taken another decisive decision
to make the issue of Human Rights in the center of the state’s agenda.
The creation of a full ministerial position (The Ministry of Human
Rights) in the most recent cabinet formation in Yemen is a further
evidence of national commitment to strengthening democracy and promoting
human rights.
In addition to the SNCHR and the Consultative Committee, there are
several government institutions working in the issue of Human Rights
in Yemen.
1- The Public Liberties and Human Rights Committee
in the Parliament: It is one of the permanent committees in the
Parliament, which plays a significant role in Yemen’s ratification
of international Human Rights treaties and convention. One of its
important responsibilities is ensuring the compatibility of national
laws with Human Rights conventions and treaties ratified by Yemen.
Additionally, the Committee can investigate any alleged violation
of human rights including those allegedly committed by the government’s
apparatus.
2- The Freedom and Human Rights Committee in the Consultative Council:
It contributes to the promotion and protection of Human Rights through
the analysis of human rights situation in Yemen as well providing
recommendations on overcoming obstacles facing the thorough realization
of human rights by all segments of the population.
3- The Petitions and Complaints Committees in the Parliament: It
is another permanent committee in the Parliament, which is dedicate
to receiving petitions and complaints from citizens and conducting
investigations to verify the validity of the complaints.
4- In addition, Directorates for Human Rights have been established
in various ministries including the Ministry of legal Affairs and
the General Attorney’s Office.
Civil Society Organizations:
The open political and legislative environment created after the
achievement of unity has been conducive to civil society organizations
in Yemen. A growing number of civil society organizations have been
established in the last 12 years including a gradually increasing
number of Human Rights organizations. In 1990 the number of registered
NGOs was only (286) but the number has rapidly multiplied to reach
as high as (3200) NGOs at the end of 2002.
International HR activities/events
hosted by Yemen:
The Emerging Democracies Forum:
In June1999, Yemen hosted the Emerging Democracies Forum, which
was attended by several heads of states as well as high-level dignitaries
representing over 30 countries. The wide international participation
reflected the appreciation of the international community for Yemen’s
achievement in the realm of democracy and human rights. The Forum
concluded by the formulation of “Sana’a Declaration” in which the
participating states confirmed their commitment to human rights
and freedom of expression as well as their pledge to increase minorities
and women’s political participation.
The Regional Conference on
Human Rights:
A few months later, Yemen hosted the Regional Conference on Human
Rights, which was attended by the High Commission for Human Rights.
The focus of the conference was on the casual links and the mutually
enforcing nature between Social, Economic and Cultural rights and
civil and political rights.
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