COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS CONSIDERATION OF REPORTS OF YEMEN

CERD
61st session
12 August 2002
Afternoon


Yemen Is Implementing Non-Discrimination Principles and
the Democratic Process Is Taking Momentum, Delegation Says



The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the eleventh, twelfth, thirteenth and fourteenth periodic reports of Yemen, with a Government delegation saying that the Government was implementing non-discrimination principles and the democratic process was taking momentum.
Introducing the reports, Mohamed Al-Duraibi, Judge, Ministry of Justice, said that since Yemen had ratified the Convention in 1972, a number of measures had been undertaken in the field of legislation and legal policies, including affecting economic, social and cultural rights. The Government had still to overcome, due to financial constraints, some of the remaining obstacles encountering the full implementation of the provisions of the international instruments which it had adhered to.
Responding to some of the concerns expressed by Committee Experts, the delegation said that the Government was advancing forward in all aspects, including the implementation of the principles of human rights. The democratic process was taking momentum, and laws and regulations had been designed to implement international instruments. The Government had also been implementing non-discrimination principles.
Yuri A. Reshetov, the Committee Expert who acted as country rapporteur to the reports of Yemen, asked the delegation whether Yemen still maintained the reservations made on article 5 (c) and (d) on the right to participate in elections; he asked about the current situation in the country concerning the right to vote and to stand for election by any citizens on the basis of universal and equal suffrage.
Also taking part in the discussion were Committee Experts Agha Shahi, Mahmoud Aboul-Nasr, Mohamed Aly Thiam, Luis Valencia Rodriguez, Tang Chengyuan, Marc Bossuyt, Regis de Goutte, Raghavan Vasudevan Pillai, Nourredine Amir, Jose Augusto Lindgren Alves, Patrick Thornbery, Patricia Nophizo January-Bardill and Linos Alexander Sicilianos.
The Yemeni delegation was also composed of Wahiba Fareé, Minister of State for Human Rights; Zaid Mohamed Hajar, Minister Plenipotentiary, Ministry of Foreign Affairs; Abduanser Alwahishi, of the Ministry of Law; and Manaf Hamoud Asalahi, of the High Committee for Human Rights.
Yemen, as one of the 162 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, has to submit periodic reports on how it is implementing the treaty to the Committee's 18 Experts who monitor compliance with the Convention.
The Committee will continue its consideration of the reports of Yemen when it reconvenes at 10 a.m. on Tuesday, 13 August.

Reports of Yemen
The eleventh, twelfth, thirteenth and fourteenth periodic reports of Yemen (CERD/C/362/Add.8) note that the nation's commitment to the Convention was given a significant and decisive boost in 1972 when Yemen ratified the instrument, incorporating its provisions into legislative and legal policies. That commitment has been strengthened further under the Constitution which Yemen has recently adopted by a popular referendum.
According to the reports, there are no constitutional or legal provisions which make it permissible to practice any form of racial discrimination or to engage in an act constituting racial discrimination against individuals or groups. The various provisions and articles concerned with this subject stress the importance of non-discrimination between citizens and non-citizens.
The Government has created a democratic, political, economic and social system based on political and economic pluralism and human rights, the reports note. It endeavours at the same time to protect and ensure respect for the rights of individuals and their private property.
The reports note that the State's programmes and policies condemn racist activities based on superiority or hatred, wherever they occurred, and seek to combat and eradicate them using all appropriate means and mechanisms. No effort is spared to condemn and combat these activities. The State encourages the establishment of cultural, occupational, social, economic and innovative organizations and institutions and views participation by civil society institutions.

Presentation of Yemeni Reports
MOHAMED AL-DURAIBI, Judge, Ministry of Justice of Yemen, said that Yemen attached special attention to human rights and among other measures, the Government had created the Ministry of State for Human Rights. The necessary facilities had been put in place for non-governmental organizations to operate in the country freely.
With the view to consolidating the concept of human rights, the Government had distributed to the population numerous publications on the issue, Mr. Al-Duraibi said. The school curriculum was focused on the concept of inculcating the human rights principles among the student population. The judiciary had been strengthened and had been made independent to deal with the administration of justice.
The Government had combatted poverty by implementing various measures in order to create positive conditions for all sectors of the population. It had also succeeded in eliminating all forms of discrimination on the grounds of sex, colour, race or nationality.
Since Yemen had ratified the Convention in 1972, a number of measures had been undertaken in the field of legislation and legal policies, including affecting economic, social and cultural rights, the official said. The Government had still to overcome some of the remaining obstacles encountering the full implementation of the provisions of the international instruments it had adhered to. Some of the constraints were caused by the lack of economic resources. The Government, therefore, needed the full cooperation of the international community.

Questions and Comments by Experts
YURI A. RESHETOV, the Committee Expert who acted as country rapporteur to the reports of Yemen, said that they contained interesting information such as the creation of a post of a Minister of State for human rights. The last report of Yemen was presented in 1992. During the consideration of the report, the then country rapporteur had asked for information on the demographic composition of the population with special emphasis on ethnic groups. The delegation was requested to provide information on the implementation of article 4 of the Convention on the condemnation of all propaganda and all organizations which were based on ideas or theories of racial superiority.
The present reports noted that equal rights were guaranteed both to citizens and non-citizens; personal freedoms and safeguarding persons dignity and security were also guaranteed. However, other rights were exclusively granted to citizens and not to non-citizens. More information was requested concerning this issue.
With regard to article 5 of the Convention, concerning the prohibition and elimination of racial discrimination in all its forms and guaranteeing the right to everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, additional information was requested by Mr. Reshetov.
Mr. Reshetov said that the former North Yemen had made reservations on article 5 (c) and (d); and asked if the reservations after the reunification of the two Yemens were maintained. Paragraph (c) of that article concerned political rights, in particular the right to participate in elections. He asked about the current situation in the country concerning the right to vote and to stand for election by any citizens on the basis of universal and equal suffrage.
Concerning the right to freedom of religion, Mr. Reshetov asked for further information on the situation, pointing out that capital punishment could be pronounced against non-Muslims in the event of offences against the official religion. What rights were exercised by non-Muslim groups?
Referring to the different ethnic groups in the country, Mr. Reshetov requested a response from the delegation on the practice of discrimination against some of the ethnic groups, which non-governmental organizations had referred to. There was also a report alleging discrimination against residents of African origin.
Other committee Experts also raised questions. One Expert said that the reports were of great importance and provided a full picture of the extent of the Government's commitment in fulfilling its obligations under the International Convention. Although the population was more or less homogenous, the reports should have contained data on the demographic composition of the population, including the foreign communities. The enjoyment of rights by non-citizens was not clearly defined. No information was included on the vulnerable and disadvantaged groups, thus enabling the Committee to evaluate the situation. Concerning article 4 of the Convention, there were no legislative provisions explicitly prohibiting propaganda based on racial superiority. In addition, there was no reference to the right to freedom of movement concerning Yemenis, particularly the right to leave and to return to one's country.
An Expert asked about recent developments concerning anti-discrimination measures and the achievements made following the implementation of the various provisions on the issue. What results had been achieved in the campaign against illiteracy? Were there cases of racial discrimination brought before the courts? What was the impact of the peaceful resolution of the border conflict with the neighbouring States?
Under what conditions were Christians and other non-Muslims allowed to participate in elections, asked an Expert, referring to the rights enumerated under article 5 of the Convention. The official religion of Yemen was Islam; however, the delegation should supply information on the situation of non-Muslims.
Another Expert said that with regard to elections, there were a number of criteria required of a candidate, including that the candidate was literate and fulfilled his or her religious obligations; did that mean that non-Muslims could stand elections? Further clarification was required from the delegation.
Questions were also posed by another Expert on the acquisition of Yemeni nationality and the situation of polygamy.
Referring to an Amnesty International report on Yemen, an Expert said that Yemen had made great progress in its human rights records. Turning to the reports, he said that new provisions had been enacted and incorporated in the criminal code punishing those who practised racial discrimination. There was no information on measures taken to make the Convention known; on programmes aimed at training judges and magistrates on non-discrimination; and on the measures taken as follow-up to the Durban Declaration and Programme of Action.
Another Expert said that the core document from Yemen had indicated the existence of 5,000 Jews and Christians. Since the country's laws were inspired by the Islamic law of Sharia', there should be a separate law governing the situation of those non-Muslims. What laws were applied to regulate inheritance by non-Muslims?
An Expert said that the reports were too legalistic and did not reflect the practical implementation of the provisions of the Convention enough. For example, what was the status of an individual who had no religion or faith in a country whose State religion was defined?
What was meant by "peoples' rights to-determination", an Expert asked. Paragraph 144 of the reports affirmed that "Islam is the religion of their State and the Arabic language is its official language". It also asserted that "The Islamic Sharia' is the source of all legislation". The delegation should elaborate those affirmations. What was the status of those people who spoke languages other than Arabic?
Despite the equality guaranteed by the Yemeni Constitution, there was a great discrepancy between theory and practice. The female illiteracy rate was higher than the male illiteracy rate. In addition, child mal-nutrition and the practice of female genital mutilation were of a concern. Additional information was requested from the delegation.
An Expert said that harassment by security officers against asylum-seekers and refugees had been reported by non-governmental organizations. Further, Somali women who lost their husbands apparently had a big problem to rent houses as the family heads. The delegation was asked to confirm or to deny these allegations.

Response of Yemen
In response to the questions, the delegation said that Yemen was composed of one people and it had no minorities. There were only 300 Jews. Since the Gulf War, Yemen had received immigrants from the region, in addition to the ones coming from Africa. Some people lived in the north and in the south, but they were all one people -- Yemenis. After unification, those two peoples became one people. Although Yemen was not a promised land, it was heading towards a better situation. Yemen had a large number of schools and health centres. The number of girls attending schools had increased in recent years. The practice of genital mutilation might continue today, but it was not a Yemeni culture; it was brought in by foreigners, and the Ministry of Health had prohibited its practice.
With regard to nationality, the problem had been resolved through the enactment of laws, the delegation said. Foreigners married to Yemenis had the right to be naturalized and thus could become Yemeni citizens. There was every desire, administrative and legislative, to correct any shortcomings by the Government.
The delegation said that the State party did not practice any fanaticism concerning religion, although the State religion was Islam. There were worship places for non-Muslims and the members of non-Muslim religions could officially practice the creed they followed. The Government was transparent with regard to human rights. There were 2,500 organizations working throughout the country.
The Government was advancing forward in all aspects, including the implementation of the principles of human rights, the delegation said. The democratic process was taking momentum. Laws and regulations had been designed to implement international instruments. The Government had also been implementing the principles of non-discrimination. In addition, civil society organizations had been submitting cases of alleged human rights violations and had been discussing them with the Government.



* *** *