Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/YEMEN.TXT

Text File | 1996-01-05 | 29KB | 595 lines

TITLE:  YEMEN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             YEMEN


The Republic of Yemen was proclaimed in 1990 following the
unification of the former Yemen Arab Republic (YAR), or North
Yemen, and the People's Democratic Republic of Yemen (PDRY), or
South Yemen.  After a relatively calm transition period of
several years, a "unity" crisis ensued, and in May a civil war
broke out during which the southern part seceded.  By early
July, unionist military forces prevailed against southern-based
secessionists.  After the fighting, most of the secessionist
leadership fled abroad.  Since then, the main party of the
south, the Yemeni Socialist Party (YSP), elected a new
leadership and is now an opposition party.  The governing
coalition is composed of the General People's Congress (GPC)
and the Islamic Yemeni Grouping for Reform (Islaah).

The Government adopted a new Constitution in September,
replacing the 1991 Constitution.  The President is Ali Abdullah
Saleh, the former President of the Yemen Arab Republic and
leader of the GPC.  He was elected to a 5-year term in 1994 by
the legislature, but the Constitution provides that henceforth
the President will be elected in a popular vote from candidates
selected by the legislature.  The 301-seat House of
Representatives was elected in 1993--the first multiparty
Parliament elected by popular vote and universal suffrage.
Tribal leaders control many parts of the country where central
authority is weak.

The primary state security apparatus is the Political Security
Organization (PSO) which reports directly to the President.  It
is independent of the Ministry of Interior.  PSO officers have
broad discretion over perceived national security issues and,
despite constitutional constraints, routinely detain citizens
for questioning, frequently mistreat them, monitor their
activities, and search their homes.  The Criminal Investigative
Department (CID) of the police conducts most arrests.  The
Central Security Organization (CSO), a part of the Ministry of
the Interior, maintains a paramilitary force.

Yemen is a poor country in which oil and agriculture dominate
the economy.  Oil is the primary source of foreign exchange,
but remittances from some 500,000 Yemenis working in Saudi
Arabia are also important.  The level of remittances was
sharply reduced after Saudi Arabia and other Gulf states
expelled up to 850,000 Yemeni workers during the Gulf War
because of the Government's support for Iraq.  Most of the Gulf states
have also suspended foreign assistance programs, and
much Western aid has been reduced.

While the Government remains in principle committed to
democratic reform, some serious human rights abuses took place
before, during, and after the civil war.  Major problems
include arbitrary arrest and detention, especially of those
regarded as "separatists"; torture; infringements on the
freedom of the press; and widespread discrimination based on
sex, race, and religion.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Before and during the civil war, there were widespread reports
that government and southern Yemeni forces, including members
of the YSP, committed extrajudicial killings of both civilians
and military personnel.  None of the allegations has been
substantiated.

     b.  Disappearance

As in previous years, many citizens reportedly disappeared
following their arrests by the security forces or regular army
units.  Most disappearances were temporary and were members of
the YSP.  Central government forces released the vast majority
of these persons after varying periods of detention.

Hundreds of cases of disappearances dating from the 1970's,
implicating the governments of both North and South Yemen,
remain unresolved.  Included among these cases are some 200 to
300 South Yemenis who disappeared in the former PDRY during an
internal conflict in 1986.  The Government has never
established a mechanism to resolve such cases.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution is ambiguous on its prohibition of cruel or
inhuman punishments.  It states that the Government may not
impose "illegal" punishments--a formulation that may be
interpreted as permitting amputations according to Islamic law,
or Shar'ia.  Another article asserts that Shar'ia is "the
source of all legislation."

There is no indication that the Government has carried out
amputations.  However, there have been undocumented reports
that prison and other officials have carried out such acts
extrajudicially.

The Government tightly controls access to detention
facilities.  Nonetheless, it permits most impartial observers
to visit prisoners and detainees with some exceptions.
Although there is no evidence that the authorities torture
detainees arrested for common felonies, on occasion they may
resort to force, or the threat of force, to extract
information.  The press continues to report stories of alleged
torture and mistreatment of detainees and prisoners.

The use of torture by central government forces is believed to
exist but is uncommon.  There were undocumented reports that
both sides tortured military personnel captured during the
civil war.  One international human rights group reported that
soldiers tied up some prisoners and hung them from a rod with
bound hands and feet.

However, there were credible reports that central government
forces inhumanely treated northern military officers suspected
of secessionist sympathies.  There were also reports that the
authorities inhumanely treated prisoners held in "secret"
military prisons (see Section 1.d.).

Prison conditions do not meet internationally recognized
minimum standards.  Prisons are overcrowded, sanitary
conditions are poor, and rations and health care inadequate.
Inmates depend on relatives to provide food and medicines.  The
authorities still use leg irons and shackles, and the law
permits flogging.  Many cases of reported flogging occurred in
1992 and 1993; the practice likely continued in 1994.

Shortly after the war, when Aden, the former capital of the
PDRY, was occupied by troops and "Islamic extremists," persons
were often flogged in public, without trial, for offenses such
as drinking alcohol or walking with a member of the opposite
sex.  These floggings were evidently carried out as
extrajudicial punishments for those deemed to have transgressed
Islamic law.  The practice was discontinued after the
Government restored law and order.

     d.  Arbitrary Arrest, Detention, or Exile

Despite constitutional and other legal provisions, there
continue to be reports of arbitrary arrest and prolonged
detention without charge.  According to the Constitution,
detainees must be arraigned within 24 hours of arrest or
released.  The judge or district attorney must inform the
accused of the basis for the arrest and decide whether or not
to hold the accused.  In no case may a detainee be held longer
than 7 days without a court order.

Detainees have the right to inform their families of their
arrests and may decline to answer questions during
interrogation without an attorney present.  In practice, many
authorities respect these rights only if bribed.  There is a
system of bail.

Some detainees are reportedly held in an undetermined number of
unauthorized or secret locations.  Attorneys and other judicial
authorities have complained of the continued existence of
extrajudicial prisons maintained by certain ministries, notably
the Ministry of Interior.  The Government has failed to ensure
that detainees and prisoners are incarcerated in authorized
detention facilities.  Army bases are not believed to be used
as detention facilities for civilian prisoners.  Moreover, some
unauthorized prisons are believed to exist in "tribal" areas.

Approximately 100 to 200 northern military officers suspected
of having separatist sympathies during the civil war are
believed to be held under inhumane conditions in secret
military prisons.  However, the existence of such prisons has
not been confirmed.

In certain cases where a suspect is at large, the security
forces may detain one of the suspect's relatives while the
suspect is sought and the families of the suspect and victim
negotiate compensation for the alleged wrongdoing.

As many as 4,000 inmates, most of whom are accused or convicted
felons, are imprisoned without documentation concerning their
sentences or reasons for their arrest.  Most were moved to
central prisons from outlying jails following unification in
1990.  Written records for southern prisoners were in most
cases lost or destroyed in the civil war or the subsequent
looting.  The authorities in the north reportedly never kept
records.  Many inmates who are released during the customary
annual amnesty are believed to be among those without any
written record of their arrest or sentence.

At the end of the civil war, the President pardoned all persons
who fought against the central Government.  The amnesty
extended to all military personnel and most of the leaders of
the unrecognized, secessionist Democratic Republic of Yemen
(DRY), except for the DRY's 16 most senior leaders who fled
abroad.  Although they were technically not forced into exile,
they would presumably be subject to arrest if they returned.
President Saleh stated that the cases of some of the 16 would
be reconsidered if they renounce their separatist ambitions.
Many thousands of Yemenis returned from abroad to take
advantage of the amnesty.

     e.  Denial of a Fair Trial

From 1990 until the outbreak of the civil war, the courts in
northern and southern Yemen functioned as before unification:
they applied two distinct bodies of law but shared a common
Supreme Court.  After the civil war, the Government merged the
two judiciaries.

There are two types of courts:  Islamic law or Shar'ia courts,
which try criminal cases and adjudicate issues of personal
status, such as divorce and inheritance; and the commercial
courts.  There are no jury trials in the Shar'ia system.  Cases
are adjudicated by a judge who plays an active role in
questioning witnesses, but defense attorneys are allowed to
advise their clients, address the court, and examine
witnesses.  Defendants have the right to appeal their
sentences.  Trials are public.

In commercial courts, defendants also enjoy the right of
appeal, and court sessions are generally open to the public.
However, both the Shar'ia and the commercial courts may conduct
closed sessions "for reasons of public security or morals."
Foreign litigants in commercial disputes have complained of
biased rulings.

The judiciary is not fully independent.  Many litigants
maintain that a judge's tribal ties, and even bribery,
sometimes have greater influence on the verdict than the the
law or facts.  Others maintain that judges closely associated
with the Government often render decisions favorable to it.

The President denies that the Government detains political
prisoners.  However, an estimated 100 to 200 military officers,
allegedly sympathetic to the breakaway DRY, are reportedly
detained in secret military prisons (see Section l.d.).

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Despite constitutional provisions against such interference,
security forces routinely search homes, monitor telephones,
read personal mail, and otherwise intrude into personal matters
for alleged security considerations.  Such activities are
conducted without warrants issued by legal authorities or other
judicial supervision.  Many citizens believe that the security
forces monitor telephone conversations.

     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts

Combatants on both sides in the civil war conducted a number of
abuses against unarmed civilians.  Such practices included the
use of Scud missiles against targets in populated areas; armed
conflict conducted near refugees; and the shelling of urban
areas, particularly Aden.  In some instances, military forces
appeared to seek refuge in densely populated areas, threatening
civilians often caught in the crossfire, although most tank
battles took place in rural areas.  Vast numbers of mines,
which threaten the lives of civilians in the south, were left
behind and hamper efforts to restore water and electricity to
Aden.

In one instance in May, government army units surrounded the
YSP headquarters building in Sanaa.  According to eyewitnesses,
tanks were used to overpower a small contingent of YSP guards,
who fought back determinedly.  The army reportedly may not have
given the guards a sufficient opportunity to surrender before
opening fire.  Although there were no known fatalities, the
destruction of the property exceeded necessity.  The Government
has not undertaken any investigation of the incident.

Human rights groups and others noted extensive looting,
vandalism, and destruction not caused during the prosecution of
the war.  While military forces may not have been directly
implicated in much of the vandalism, some observers maintain
that they may have been able to prevent it.  They also claim
that the looting and vandalism may have exceeded war-related
damage in some urban areas of the south.

After the war, the Central Government restored order in the
south, and the incidence of political violence aimed at the YSP
decreased.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution restricts the freedoms of speech and press
"within the limits of the law."  Although many citizens are
uninhibited in their dicussions of domestic and foreign
policies, some are cautious, believing that they may be
harassed for publicly expressed criticisms of the Government.

From 1990 until the the outbreak of the civil war, the press
operated freely.  During that period, nearly 100 newspapers
appeared, reflecting a broad spectrum of political views.  The
Government licenses all newspapers, but not journalists.
However, after war broke out, it shut down all papers
associated with the YSP, as well as those which expressed
separatist sympathies.  After the war, the Government began to
ease some, but not all, restraints on the press.

To avoid possible government harassment, journalists censor
themselves, especially when writing about the civil war,
relations with Saudi Arabia, and corruption of senior
officials.  The penalty for exceeding such self-imposed limits
would likely be arrest for slander or libel.

The Ministry of Information influences the media by its
ownership of the printing presses, subsidies to certain
newspapers, and ownership of the radio and television
companies.  The Government censors radio and television news
broadcasts which never contain reports critical of it.
However, the two television channels regularly broadcast
parliamentary debates in which Members of Parliament sometimes
voice criticisms.

Customs officials are authorized to confiscate any imported
material regarded as pornographic or objectionable because of
religious or political content.  Before the civil war, the
Government occasionally prohibited foreign publications
critical of the Government.  After the war, the Government
banned for various lengths of time the importation of
newspapers owned by Saudi investors--notably Sharq Al-Awsat
(The Middle East) and Al-Hayat (Life).  Publications critical
of the Government were allowed again, but certain Saudi-backed
papers did not appear until much later.

A court case was recently decided in favor of the newspaper, Al
Shoura, which the Government charged with slander against the
President, sowing seeds of sectarianism, and editorial
impropriety.  The trial was public and received wide coverage.
The judge dismissed all charges and ordered the Government to
pay the newspaper's legal fees and costs.

In early January 1995, the Government reportedly suspended
publication of the Aden-based newspaper, Al-Ayyam, for
publishing articles critical of government policy in the
south.  The writer, Abu Bakr Al-Saqqaf, a noted dissident, was
reportedly kidnaped and beaten by suspected government agents.

University professors and administrators require security
clearances before they are hired.  Security officials are
present on the Sanaa University campus and informers monitor
the activities of students and professors.

     b.  Freedom of Peaceful Assembly and Association

Citizens have a right to demonstrate peacefully and they
exercise it.  However, during the civil war, the Government
strictly curtailed this right.  Associations must obtain a
license from the Ministry of Labor and Social Affairs, but
licensing is usually routine.

     c.  Freedom of Religion

Islam is the state religion and there are restrictions on the
practice of other religions.  Virtually all citizens are
Muslims, either of the Zaydi branch of Shi'a Islam or the
Shafe'ei branch of Sunni Islam.  There are also some Ismailis
in the north.  Private Islamic organizations may maintain ties
to pan-Islamic organizations and operate schools, but the
Government closely monitors their activities.

Most of the once sizable Jewish population has emigrated; fewer
than 500 remain.  Jewish religious services are held in private
homes.  In recent years, the Government removed unwritten
obstacles which had prevented Jews from obtaining passports and
hindered their contact with foreign Jewish groups.

Most Christians are foreign residents, except for a few
Christian families of Indian origin in Aden.  There are several
churches and Hindu temples in Aden, but no non-Muslim places of
worship in the former North Yemen.  After the civil war,
suspected Islamic extremists looted and vandalized the Anglican
Church in Aden, desecrated others, looted Hindu temples, and
even desecrated some Islamic shrines regarded by the extremists
as sacrilegious.  Damage to the Anglican church was estimated
at $70,000 to $80,000.  Government forces have since
reestablished security around these places of worship.

The Christian clergy minister to the foreign community and are
employed in teaching, social services, and health care.  The
Government does not allow them to proselytize Muslims.  By
religious convention, Muslims may not convert to other
religions.  A religiously motivated suit was brought against a
hospital in Jibla operated by the Baptist Church, charging it
with defamation of Islam and proselytization.  Although the
court dismissed the case because the plaintiffs could not
substantiate their charges and for procedural reasons, Islaah
Party membersthe continue to harass the Yemeni employees of the
hospital.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government does not obstruct the freedom of travel,
although the army and security forces maintain checkpoints on
major roads.  The Government does not obstruct travel abroad or
the right to emigrate and return.  In recent years it has
removed bureaucratic obstacles that prevented most Jews from
traveling abroad.

Women must often obtain permission from a male relative before
applying for a passport.  The Constitution prohibits the
extradition of a citizen to any country.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

International observers judged as generally as free and fair
the 1993 parliamentary election.  Although the Government is
accountable to the Parliament, there are significant
limitations on the ability of the people to affect change
within their society.  To date the Parliament is not an
effective counterweight to executive authority; it has done
little more than debate issues.  Decisionmaking is not
transparent, and real political power still rests in the hands
of relatively few leaders, particularly the President.

The President has the authority to introduce legislation and
promulgate laws by decree when Parliament is not in session.
Decrees must be approved by Parliament within 30 days after
reconvening.  In theory, if the decree is not approved, it does
not become law; in practice, very little happens if the decree
is not approved.  The President appoints the Prime Minister who
forms the Government.  The Cabinet is comprised of 27
ministers, with 16 ministers from the GPC, 9 from Islaah, and 2
independents.

In northern and southern governorates, tribal leaders retain
considerable discretion in the interpretation and enforcement
of the law.  Central government authority in these areas is
often weak.  Some observers maintain that tribalism may promote
accountable government in some ways by dramatically drawing the
Government's attention to the grievances of the people.

There is a functioning multiparty system.  All parties must
register with the Government, but such registration is
routinely granted.  The Constitution prohibits the
establishment of parties that are contrary to Islam or oppose
the goals of the Yemeni revolution or violate Yemeni
international commitments.  By law the Government must give
financial support to all recognized parties, and parties are
permitted to establish their own newspapers.  Many of the
approximately 50 political parties are very small and exist on
paper only.  The three largest are the GPC, the Islaah Party,
and the YSP.  The opposition is weak and divided among
miniparties, except for the YSP which, even in its weakened
state, still has weight, especially in the South.

Although women may vote and hold office, these rights are
limited by cultural and religious custom.  Only 2 women have
been elected to the 301-member Parliament, and few hold senior
leadership positions in the Government or political parties.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Yemeni Human Rights Organization is the only local
nongovernmental human rights group.  It is headquartered in
Sanaa with branches in seven other cities.  The Government does
not overtly restrict its activities.  Another group, the Yemeni
Organization for the Defense of Liberties and Human Rights, was
based in Aden.  After the civil war, the Government dissolved
it because it was purportedly regarded as a "separatist"
organization.

There is a human rights committee in Parliament, which has done
little of significance aside from holding meetings and hosting
an international childrens rights conference in 1993.

Amnesty International and Middle East Watch observe Yemen
closely, especially in the wake of the civil war.  There is an
International Committee of the Red Cross representative
resident in Yemen.  The Government has given these groups
relatively broad access to government officials, records,
refugee camps, and prisons.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

Prior to 1994 the Constitution stated that "no discrimination
shall be practiced due to sex, color, racial origin, language,
occupation, social status, or religious beliefs."  However, as
amended in 1994, the Constitution now states that "...all
citizens are equal in general rights and duties..."  The change
has been interpreted as an attempt to weaken previous
constitutional guarantees of equality, especially for women.

     Women

Women face significant restrictions imposed by law and social
custom.  Men are permitted to take as many as four wives,
provided they treat their wives equally.  Husbands may divorce
wives without justifying their actions before a court and, in
the case of divorce, both the family home and children are
often awarded to the husband.  Women also have the right to
divorce their husbands in accordance with precepts of Shar'ia.
Islamic law permits a Muslim man to marry a Christian or Jewish
woman, but no Muslim woman may marry outside of Islam.  Social
pressure often forces women to defer to the guidance of male
relatives if they wish to travel abroad.

Married women do not have the right to confer citizenship on
their foreign-born spouses; but they may confer citizenship on
children born in Yemen of foreign-born fathers.

The practice of dowry payments is widespread, despite
government efforts to limit the size of such payments.  An
estimated 80 percent of women are illiterate, compared to 40 to
50 percent of men.  In general, women in Aden are better
educated and have somewhat greater employment opportunities
than women in northern Yemen.  Before the civil war, women in
Aden worked in private business and at mid-level government
jobs.  Several women worked as lawyers and judges.  After the
civil war, the number of working women in Aden appears to have
declined.  Many observers say this is due to the increasing
"Islamization" of Adeni society, although there is no concrete
evidence of this.

Although spousal abuse is known to occur, reliable statistics
on its extent are unavailable, and there is little public
discussion of this matter.  In theory, abused women have the
right to sue their husbands, but few do so.  According to
social tradition, battered women are pressured to keep spousal
violence problems within the family.  They may seek help and
mediation from male relatives to halt abuse.

The Government has established a women's association to promote
female education and civic responsibilities, and a
nongovernmental organization has also been established for the
same purpose.

     Children

The Government's commitment to protecting childrens' rights was
adversely affected by the political crisis and the civil war.
Moreover, the Government lacks the resources necessary to
ensure adequate health, education, and welfare services for
children.

Child marriage is still common in rural areas.  Female genital
mutilation is practiced by Yemenis of African origin in the
coastal areas along the Red and Arabian seas.  There is no
available information on the extent of the practice.  While
some government health workers discourage female genital
mutilation, the Government has not passed any legislation or
nor made any other effort to eradicate the practice.

     National/Racial/Ethnic Minorities

Yemenis with a non-Yemeni parent, called "Muwalladin", may face
discrimination in employment and in other areas.  Persons
seeking employment at Sanaa University or admission to the
military academy must by law demonstrate they have two Yemeni
parents. Nonethless, many senior government officials,
including members of Parliament and ministers, have only one
Yemeni parent.  In some cases, naturalization of the non-Yemeni
parent is sufficient to overcome the "two-Yemeni-parent"
requirement.

A small group believed to be descendants of ancient Ethiopian
occupiers of Yemen, who were later enslaved, are considered the
lowest social class.  Known as the "Akhdam" (servants), they
live in squalor and endure persistent social discrimination.

     Religious Minorities

Apart from a small but undetermined number of Christians and
Hindus in Aden and a small number of Baha'is in the north, Jews
are the only indigenous religious minority.  Jews are
traditionally restricted to living in one section of a city or
village and are often confined to a limited choice of
employment, usually farming or handicrafts.  Jews may, and do,
own real property.

     People with Disabilities

The Government has not enacted legislation or otherwise
mandated accessibility for the disabled, nor provided special
clinics or schools for them.  Mentally ill patients,
particularly those who commit crimes, are occasionally
imprisoned and shackled when there is no one else to care for
them.  There are distinct social prejudices against persons
with mental and physical handicaps.  The disabled often face
discrimination in education and employment.