Yemen
The
government of Yemen faced a multitude of challenges in 2010. Yemen’s economy remains overly reliant on
declining oil revenue, though the signing of a comprehensive reform programme
with the International Monetary Fund signalled progress. Commitment to political inclusion and
stability, incorporated in the National Dialogue, stalled towards the end of
2010 with disagreement over electoral reform.
Ongoing conflict in both the north and south of Yemen and the continuing
presence of Al-Qaeda in the Arabian Peninsula persist in destabilising the
country. Reports from NGOs and the media
showed that the government continued to perpetrate human rights abuses in
response to conflict, demonstrations and media criticism, which included
violent dispersal of demonstrations in Aden and extrajudicial processes to
manage political opposition.
Although
the recent round of conflict in Sa’dah, northern Yemen, between Huthi rebels –
a Zaidi sect in dispute with the government – and government forces has ceased,
there are approximately 300,000 internally displaced persons. Humanitarian access to the area remains
restricted. Tensions remain high in the
region, with the possibility of further conflict, and we are concerned that
civilians may be caught up in armed conflict.
Yemenis are frustrated by economic, social and political issues, and in
southern Yemen grievances are aggravated by the reportedly heavy-handed tactics
of the security forces. We are concerned
by arbitrary detention of suspects, the use of live rounds to suppress
demonstrations, state control over the freedom of the press and restrictions on
freedom of expression.
The
government of Yemen rarely prioritises respect for human rights. In response to the increasing threat of
extremism and growing internal instability in Yemen, we organised the London
Friends of Yemen Conference in January, to coordinate international support for
the Yemeni government’s efforts to address the underlying causes of
instability. We launched the Friends of
Yemen group, comprising 28 countries and international institutions. We identified freedom of expression, opportunities
for women, protection of civilians in conflict and promotion of human rights
within the security services as key human rights areas where we hope to
encourage positive change. We worked
bilaterally with Yemeni departments and ministries and in collaboration with
the EU, US and local and international NGOs.
Coordinated action with the EU, in particular, remains important. In 2010 we participated in EU démarches
regarding freedom of expression, changes to NGO laws and the proposed execution
of a juvenile.
During
the 2010/11 financial year, we have funded projects to address the underlying
causes of tension and to improve Yemen’s ability to manage conflict, thereby
reducing the risk of human rights violations.
Members of the Yemeni security forces attended courses at a variety of UK
military training establishments, which included training on the law of armed
conflict and the importance of human rights in security activity. Project work also included efforts to address
tension and potential conflict between Yemeni communities and Somali refugees,
and a pilot study to assess options for the provision of desalinated
water. We hope that the latter study,
whilst focused on one area of Yemen, may result in a model for other parts of
the country.
We
have a cross-government approach to encouraging stability, and with it respect
for human rights in Yemen. This approach
is supported by the programme work of the Department for International
Development (DFID), including its Development Partnership Agreement, its
Justice and Policing Programme, various education projects and its humanitarian
assistance to those affected by armed conflict in northern Yemen.
Despite
the challenging security environment we will continue to lobby the government
of Yemen on human rights issues, using the EU Human Rights Strategy as a
framework for coordinated action. In
2011 human rights abuses could act as a driver of instability, especially in
already volatile regions, such as Sa’dah governorate and the south. We will continue to communicate to the
government the benefits of respecting human rights in order to reduce
grievances and build stability. The next
Friends of Yemen ministerial conference will be held in March 2011. This will offer an opportunity to review
reform progress thus far and to encourage the government to take greater
responsibility for improving political inclusivity and stability in Yemen.
We
will also offer the government direct bilateral support. Future funding will look to address some of
the key potential conflict drivers and development areas in Yemen. We hope that these projects will lead, for
example, to greater participation and leadership by Yemeni women in society and
add support to Yemeni civil society.
Elections
Parliamentary
elections, which were originally postponed in 2009 and were rescheduled for
April 2011, look likely to be postponed again.
Some progress was made in July when the ruling party and opposition
began a process of National Dialogue.
However, a new election law passed in December last year has threatened
this process and may result either in opposition parties boycotting the
parliamentary elections or a further delay of these elections.
Rule of law
Human
rights abuses are not systematic within the Yemeni judicial and penal system
but media and NGO reports of summary arrests, police brutality, prolonged
pre-trial detention and torture are commonplace. The extent of these abuses is unclear: the
Ministry of Human Rights is not forthcoming and the government has yet to
establish the independent Human Rights Commission, as recommended Yemen’s 2009 UN
Universal Periodic Review.
The
judiciary lacks independence and is vulnerable to executive interference;
Yemen’s Supreme Judicial Council is appointed by the president. The law is inconsistently applied. For example, the Yemeni constitution forbids
slavery, yet the practice continues with an estimated 500 slaves in Yemen,
mainly in remote areas.
Death penalty
Yemeni
criminal law allows for the death penalty for murder, rape, adultery, armed
robbery, serious kidnapping, treason and homosexuality (when both parties are
in heterosexual marriages). There are no
reliable reports on the number of people on death row, but we believe there are
hundreds. In theory the law prohibits
the application of the death penalty against juvenile defendants, yet
inconsistencies in the age of criminal responsibility mean that juveniles
continue to be sentenced to death. On 17
January 2011, we participated in an EU démarche regarding the juvenile death
penalty.
Prisons and detention
issues
We
are concerned at reports of incommunicado detentions. In November, ahead of the football Gulf Cup
in Aden, a number of southern political activists, including Southern Mobility
Movement leader Hassan Baoum, were arrested without clear charges or any
expectation of a trial. In February,
after being held incommunicado for 100 days, Muhammed Al-Maqalih, editor of the
opposition Socialist Party’s news website, Al Eshteraki, was tried before the
extrajudicial Specialised Criminal Court and sentenced to a further term of
imprisonment. More recently a southern
political activist, Zahra Salih, was held for more than two months before being
released in January 2011.
Freedom of expression
Media
freedom is steadily declining and in 2010 Yemen fell further down the Reporters
Without Borders Press Freedom rankings – it is now 170 out of 178
countries. Legislation exists to protect
media freedoms, but in practice self-censorship is widespread as independent
media, especially those allegedly linked to the Huthis or southern activists,
face sustained government harassment. This
includes enforced publishing suspensions, office searches and summary arrests
of journalists. Extra-judicial press and
publication courts, established in 2009, and specialised criminal courts, established
in 1999, have been used to suppress political opposition. In January, Anissa Uthman, a journalist for Al-Wassat newspaper, was convicted by
the specialised press and publications court on charges of defaming the president.
Ms Uthman was sentenced to three months
imprisonment and banned from publishing for one year.
Human
rights organisations, including Amnesty International and Women Journalists
Without Chains, were critical of clamp-downs on media freedom throughout
2010. On 10 February the European
Parliament expressed “serious concerns about developments in Yemen with regard
to democracy, human rights and the independence of the judiciary” including “cases
involving the persecution of journalists and human rights defenders”. Our Ambassador and senior visiting officials
raised their concerns about media restrictions with the Yemeni government and
in September the EU issued a démarche criticising the treatment of journalists
opposed to government policy.
Freedom of religion and
belief
The
Yemeni constitution protects freedom of religion, with the exception of
proselytising by non-Muslims, but reports of discrimination continue. Ongoing clashes with the Huthis, who adhere
to the Zaidi school of Shi’a Islam, has increased government harassment of the
wider Zaidi community. This included the
detention of suspected Huthi sympathisers and attempts to restrict Zaidi
teaching by forcibly removing Zaidi imams from religious institutions and
replacing them with Sunni salafists.
Yemen’s
small Jewish community reportedly faces some discrimination. In the last five years the government has
assisted in relocating around 400 Jews from rural areas to Sana’a, where the
authorities are better able to ensure their protection. In 2010 visiting Foreign and Commonwealth Office
(FCO) ministers met leaders of the Jewish community on two separate occasions
and were satisfied with Yemeni government measures to protect and support them.
Women’s rights
Yemen
consistently ranks last in the World Economic Forum’s Global Gender Gap
Index. Yemen is a party to the
Convention on the Elimination of All Forms of Discrimination against Women, but
Yemeni law, which is based on Sharia law, offers women little equality or
protection. Women’s testimony carries
less weight than men’s. They must seek
government permission to marry non-Yemenis, and cannot obtain ID cards or
passports without the approval of a mahram,
a male family member. Even Sharia
provisions allowing women to own property are not uniformly implemented.
Efforts in 2008 and May 2009 to pass a minimum marriage age law
failed and the proposed legislation continued to face strong parliamentary opposition.
Yemeni NGOs regularly report on marriages of girls as young as 12 and
the EU estimates that 50% of Yemeni women marry aged 15 or younger. Child trafficking
remains a concern, particularly near the Saudi border. The use of child labour is growing and the EU
estimates that children comprise 10% of the total Yemeni labour force.
Protection of civilians
The
sixth round of conflict in Sa’dah resulted in a significant number of
internally displaced persons. Peace
negotiations between the government and the Huthis, supported by the Qatari
government, remain ongoing. Continuing
humanitarian access is a priority, especially to the 100,000 internally displaced
persons located in the Huthi held areas of Sa’dah, Amran and Hajjah, and the
provision of basic services to those affected by the conflict.
Secessionist
activists in southern Yemen have demonstrated in support of greater political
freedom and against perceived discrimination.
In 2010 there were reports of heavy-handed tactics by the security
forces, the use of live fire and arbitrary detention. We continued to urge the government, at all
levels, to participate in a politically inclusive National Dialogue which would
help to address southern grievances.
