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.
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