Human Rights in the Middle East: Countries--Yemen


Figure 1.--.

Yemen has a poor human rights record. The Yemeni Government set up several committees to monitor human rights (2000). It has failed, however, to take any basic steps to enact measures protecting human rights. Reports suggest the use of torture in both Government and private prisons and jails as well as extra-judicial detention facilities. Yemeni courts continue issue death sentences and a variety of cruel punishments (floggings and stoneings) for many sometimes minor offenses. Yemeni authorities have arrested political opponents and have ignored court orders demanding that they be brought to trial or released. The Government restricts free speech. Authorities harass the press. Women are subject to institutionalized discrimination based on Islamic tradition and Sharia law. Descrimination against women manifests itself in both personal status and criminal law. Crime is a serious problem. Both Yemenis and foreign nationals are targeted for kidnaping by criminal and various disaffected groups. The Government response has commonly involved excessive and indiscriminate use of force. Security forces have at times used collective punishment. Yemen is an extremely poor country and is a perfect example of the relationship between human rights and economic development.

Historical Background

Yemen is located at the southern edge of the Arabian peninsula and is bordered on the north by Saudi Arabia and on the east by Oman. There are sea borders to the east by the Gulf of Aden and to the east by the Red Sea. Yemeni history dates back to ancient times and has been haped by its geograhy. As with modern days, Yemen's location meant it benefited from domination of trade routes. The earliest kingdom was the Minaean (1200–650 B.C.) followed by the Sabaean (750–115 B.C.). Ancient Yemen was ominated by the port of Aden which bnfitted from the lucrative commerce in myrrh and frankincense. It was invaded by the Romans (1st century A.D.) as well as the Ethiopians and Persians (6th century A.D.). The country has been influenced by both Judaism and Christianity before becoming a largely Muslim country. Yemen became Islamic (628 AD). It was ruled by various Islamic dynasties. The Rassite dynasty of the Zaidi sect seized control (10th cetury). The Rassite dynasty remained important in North Yemen until 1962. The Ottoman Empire established its authority (1538). Partly because of distance, Ottoman rule was often only nominal. Nortern and southern Yemen developed along different lines. The northern portion of Yemen was ruled by Islamic imams until a pro-Egyptian military coup (1962). The junta which took power set up the Yemen Arab Republic resulting in a civil war. President Nasser in Egypt and the Soviets supported the revolutionaries and King Saud of Saudi Arabia and King Hussein of Jordan supported the royalists. The revolutionaries prevailed ver the royalists (1969). Southern Yemen was dominated by the port of Aden. Its strategic location at the mouth of the Red Sea attracted the interest of the British. The British seized control of Aden (1839). It became important in the Royal Navy's efforts to supress the Slave Trade. Aden became even more important after the opening of the Suez Canal (1869). The British gradually expanded the territory around Aden which became the Aden Protectorate (1937). The Nationalist Liberation Front (NLF) challenged British rule (1960s). The NLF after the British withdrew set up the People's Republic of Southern Yemen (November 30, 1967). The Soviets provided extensive support and Southern Yemen became the only Marxist state in the Arab world. From the beginning Southern Yemen was dependant on Soviet support. This deminished along with the general economic decline of the Soviet Union (1980s). Western oriented nrthern Yemen merged with Marxist southern Yemen after 300 years of separation (1990). Declining Soviet assistance to the south was a major factor in unification. Ali Abdullah Saleh was chosen by the parliaments of both countries as the new president. Problems emerged over power sharing in unified Yemen. As a result, fighting broke out. The south tried to secceed. The more powerful military forces of the north soon prevailed (May-June 1994). The victorious northern officials issued a reconciliation plan which offered a general amnesty and pledged to honor political democracy. The governing General People's Congress won an impressive election victory (April 1997). This was the first election since the civil war. Aden-Abyan Islamic, a fundamentalist Islamic group began kidnapping Western tourists (1998-99). Some were killed in a botched rescue attempt. Zein al-Abidine al-Mihdar, leader of Aden-Abyan Islamic has threatened to continue attacks on both tourists and government officials. Aden-Abyan Islamic wants to overthrow the parlimrentarian government and make Yemen an Islamic state. Suiside bombers killed 17 Americans and wounded 37 in an attack on USS Cole which was refueling in Aden (2000). President Ali Abdullah Saleh was reelected with a 77 percent majority (2006). He appointed Ali Muhammad Mujawar prime minister (2007).

Political Rights


Freedom of Expression

The Government restricts free speech. Authorities harass the press. It is no only the government which has taken actions against journalists. Imans and conservative Islamic political groups in the major cities (Sana'a, Aden, Tai'zz, and al-Hodaida) launched a campaign in against Samir Rashad al-Yusufi, editor of the Ta'izz-based weekly al-Thaqafiya (June 2000). The Islamisits were disturbed about the serialization of Sana'a is an Open City a novel written by Mohammed Abdulwali that they charge is blasphemous. As a result of the agitation, authorities charged al-Yusufi with apostasy. This is a capital offense in Yemen. The trial began before the criminal chamber of a Sana'a court (July 2000). Local human rights defenders charge that the judge handling the case, Mohammed Mahdi al-Raimi, was involved in the campaign against al-Yusufi. Al-Raimi has prohibited all reporting about the trial. He has summoned to his court two newspapers (al-Nas and al-Ihya' al-'Arabi) for violating his order, The Yemeni Supreme Court is considering the question of if the Sana'a court's jurisdiction extends to a Ta'izz-based newspaper.

Economic Rights

Yemen is an extremely poor country and is a perfect example of the relationship between human rights and economic development.

Women's Rights

Women are subject to institutionalized discrimination based on Islamic tradition and Sharia law. Descrimination against women manifests itself in both personal status and criminal law. Crime is a serious problem. The Yemeni Constitution guarantees women the same "general rights and obligations" as men. Despite this the Parliament has passed laws which restrict women's rights. Law 20/1992 on Personal Status (amended in 1998 and 1999) establishes a range of lgal differences based on gender. Women have to sue for divorce through the courts while men can divorce at will. Divorced mothers lose custody of their children upon remarriage. Fathers retain custody. Sisters and daughters inherit only half the share of brothers and sons. There was a minimum marriage age of 15 years for girls, alrhough it was rarely enforced. Parliament abolished this restruction (1999). The Parliament set the onset of puberty as a requirement for consummation of marriage. (This is interpreted by conservative Islamic scholars as the age of 9 years.) The new 1999 law did not set up any procedures to enforce this legal provision. Legislation forbids women from testifying in criminal matters. Financial compensation is a principle of Islamic law. Compenation for assault or murder of a woman was half that of a man. Yemeni prison conditions for women and their children are disturbing. Children are reportedly detained with adults, and women prisoners have been exploitation by prison guards, including sexual attacks. Although there is no legal provision, women prisoners who complete their sentences are releases to the custody of a male guardian who commits to taking responsibility for them. If not male relative is available, many women remainincarcerated even though they have completed their sentence. One study estimates that there were 400 honor killings (1997). [UNICEF, 1999] Other sources suggest that this probably an underestimation becuse such crimes are commonly not reported or investigated. This and other instances of violence against women is an issue that the Yemeni press and human rights and women's groups beginning in 1999 has begun to cover.

Religious Freedom

The Yemeni constitution guarantees freedom of religion. The Government for the most part respects this constitutional right. There are, however, limits to religious freedom in Yemen. The constitution also establishes Islam as the state religion. Shari'a (Islamic law) is the basis of all legislation.Yemenis are generally free to practice the religion of their choice. Muslims and followers of other religions are free to worship according to their beliefs. Nom Islamic religions (Christians and Jews) generally refrain from public religions practices to avoid problems. The Government prohibits conversion from Islam and proselytization of Muslims. Apostacy is a capital crime. There are reported attacks on Jews, although this is limited because most Yemeni Jews have fled the country. The Government took action agsainst the "Shabab al-Moumineen," or "Believing Youth" movement which staged an armed rebellion. Authorities believe they were linked to Twelver Shi'ism of Iran.

Personal Conduct and Privacy


Crime

Both Yemenis and foreign nationals are targeted for kidnaping by criminal and various disaffected groups. The Government response has commonly involved excessive and indiscriminate use of force. Security forces have at times used collective punishment.

Coruption


Security Aparatus


Judicial System

The Yemeni Parliament in Law 12/1994 imposed the death penalty for murder, kidnapping, adultery, apostasy, and several other offenses. These sentences, as well as flogging for premarital sexual relations and consumption of alcohol, are commonly carried out in public. Reports suggest the use of torture in both Government and private prisons and jails as well as extra-judicial detention facilities. Yemeni courts continue issue death sentences and a variety of cruel punishments (floggings and stoneings) for many sometimes minor offenses. Yemeni authorities have arrested political opponents and have ignored court orders demanding that they be brought to trial or released.

Education

The Government has reportedly challenged academic freedom. Conservatives were disturbed with presentations at a conference held at Sana'a University on "Challenges for Women's Studies in the 21st Century" (September 1999). Al-Sahwa, the Yemeni Congregation for Reform's (al-Islah) weekly newspaper published articles criticizing the conference, the Center's curriculum, and its staff. The Center's executive director, Ra'ufa Hasan al-Sharqi, had to acquire bodyguards. Officials as aresult of the Islamic campaign ordered the Sana'a University administration close its Empirical Research and Women's Studies Center (1999). The students complained, but the closure was upheld in court. The University opened a new Center for the Study of the Woman (2000). Gender studies were been purged from the new Center's curriculum. Some Sana'a University faculty complain that the autonomy of the university has been violated by the presence of the security forces on campus.

Health Care


Crime


Sex Issues


Slavery

Yemen was deeply involved in the African slave trade until the intervention of the British Royal Navy (19th century). Slavery continues to be a problem in Yemen, as with other traditional Muslim countries. This is in part because of the importance of the Holy Koran and Islam in Yemeni society. there is no Koranic condemnation of slavery and slavery is presented as an accepted practice throughout the Koran. Slavery and child labor often little different than slavery coninues to be a serious problem in Yemen. There are believed to be about 0.4 million child laborers in Yemen. Most experience various degrees of abuse and harassment, including sexual exploitation. UNICEF is concerned and is working to address the problem of child trafficking in Yemen. [Willems] Yemen has been identified as country where the trafficking of women takes place. This includes both Yemeni women sold domestically as well as women belireved to be sold in Saudi Arabia. There are also reports of women from Ethiopia, Eritrea, and Somalia being sold in Yemen. [U.S. State Department] Yemeni girls fleeing arranged and forced marriages or abusive families often wind up in the clutches of traffikers. Often these girls can not go to authorities who would return threm to their families. Poor and orphaned boys are sometimes sold for forced begging, forced unskilled labor, or street vending. Yemeni children are reportedly trafficked into Saudi Arabia or the larger cities (mostly Aden and Sana'a) here they are forced to beg and turn over their earnings to their owners. This appears to involve boys from about 7-16 years of age. Saada is one of the closest main Yemeni cities to Saudi Arabia and is one of the hubs of the child trafficking. [Willems]

Military Service


Sources

Willems, Peter. "Rude awakening," Yemen Times (May 17-19, 2004).

UNICEF (1999).

U.S. State Department. "Trafficking in Persons Report: Yemen" (June 2007).






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Created: 5:18 AM 9/16/2007
Last updated: 5:19 AM 9/16/2007