HUMAN RIGHTS COMMITTEE CONCLUDES EXAMINATION OF YEMEN'S REPORT ON COMPLIANCE WITH INTERNATIONAL COVENANT

Human Rights Committee
75th session
18 July 2002
Morning


Chairperson Congratulates State Party for Efforts
to Improve the Human Rights Record in Yemen


The Human Rights Committee this morning concluded its examination of the third periodic report of Yemen, with its Chairperson congratulating the State party for its efforts to improve the country's human rights record.
Committee Chairperson Prafullachandra Natwarlal Bhagwati thanked the State party for the detailed and comprehensive report which was submitted without a delay. He congratulated Yemen for its efforts in improving its human rights record. He said that the concerns expressed by the Experts would find their place in the concluding observations which the Committee would release towards the end of its current session.
Responding to questions raised by Committee Experts, the Yemeni delegation said that concerning freedom of religion, Islam expressed full respect for other religions. In Yemen, legal religious communities were recognized and there was peaceful co-existence with Islam; and non-Muslims in the country had full freedom to practice their religious ceremonies and rites of worship.
The Committee will issue its concluding observations and recommendations on the report of Yemen before the end of its three-week session on 26 July. A four-member Yemeni delegation was on hand throughout the two meetings to present the report and answer questions raised by Experts. Yemen is among the 149 States parties to the International Covenant on Civil and Political Rights. Article 40 of the Covenant obliges States parties to submit periodic reports to the Committee on compliance with its provisions.
When the Committee reconvenes at 3 p.m., it will start its consideration of the initial report of the Republic of Moldova.

Questions by Committee Experts
An Expert, referring to the hierarchy of norms, asked about the compliance of domestic laws with the provisions of the International Covenant. Turning to the practice of the death penalty, the Expert wondered about the compatibility of that practice with article 6 of the Covenant, which stipulated that every human being had the inherent right to life. What was the role of money concerning the death penalty? With regard to the acquisition of the Yemeni nationality, women married to Yemeni men could acquire the Yemeni nationality; but there was a criteria of morality attached to the acquisition of Yemeni nationality. Could the delegation elaborate on that issue?
Yemen did not enter into "Shari'a reservation" while ratifying the Covenant, another Expert said. For that reason, Shari'a was not considered as a legal obligation but a cultural practice. However, flogging and other forms of punishment had continued to be handed down by courts. Another issue was the massive deportation that had been carried out by Yemen without due regard to the principle of non-refoulement, and without asking the views and intentions of the individuals. What was the position of the delegation on that situation?

Response of Yemen
The delegation said that Yemen was proud of the changes in society and about the on- going development which was intended to improve the lives of its citizens. The Government was endeavouring to get rid of social and economic impediments in order to pave the way for more improvements and a better situation.
With regard to the hierarchy of domestic law vis-a-vis the international treaties, particularly the Covenant, the delegation said that any treaty became an integral part of the country's laws once it was ratified.
Non-governmental organizations in Yemen were working to ingrain human rights values into the thinking and attitudes of people, the delegation said. Among the 2,800 non-governmental organizations, many of them were dealing with human rights issues, including the National Human Rights Commission.
The fact that a wife needed her husband's permission to leave her home was to ensure smooth relationships and peaceful cohabitation, the delegation said. That did not mean that the woman was imprisoned in the house; she could go out to work without each time requesting the permission of her husband.
Article 5 of the Constitution provided for the Supreme National Committee for Human Rights to deal with complaints of human rights violations and address the issues to the competent authorities. It received communications on human rights violations; it provided information on human rights principles; and it raised awareness on human rights. Non-governmental organizations could also address their complaints directly to the Committee.
Organizations active in the promotion of human rights were neutral, independent and accountable, and they were working freely throughout the country, the delegation said. Some of them were working directly with the Government, but that should not be interpreted that they were not operating freely.
Women were represented in the Constitutional Council in addition to their presence in the country's parliament, the delegation said. Women also served in a number of senior posts.
Since women avoided lodging complaints about spouse abuse, the level of domestic violence was not known, the delegation said; however, it was not a major issue in Yemeni society.
The Government had not registered any cases of torture except for the case in which one person was tortured to death by three police officers, the delegation said. The three officers were imprisoned and one of them was obliged to pay $ 19,000 to the family of the victim.
Yemeni courts did not hand down the death sentence to persons under 18 years of age, the delegation affirmed.
Concerning the practice of female genital excision, the delegation said that it was limited in space and time; it was practised in the coastal areas; and only 5 per 100 of the total population was affected by this phenomenon.
Islamic law prohibited abortion and for that reason any act of illegal abortion was punishable, the delegation said.
The delegation said that unmarried women were expected to be virgins.
Children born of Yemeni women could acquire the Yemeni nationality whatever the nationality of the father, the delegation said.
Many women were still living in prisons because their families rejected them and refused to take them back, the delegation said. The women were imprisoned mainly for crimes of honour. Since the families did not want to take them back, many of them stayed in prisons after completing their prison terms so as not to find themselves on the street.
In order to avoid vengeance in the event of murder, the Government had to increase awareness among the society, the delegation. It was logical that the family of the victim would seek revenge against the family of the murderer, but it was illegal. Family reconciliation processes were carried out by courts in order to appease relationships between the families of the victims and the murderers.

Continuation of Responses to Written Questions
The Yemeni delegation continued to reply to remaining written questions prepared by the Experts in advance on the main subjects of liberty and security of persons, treatment of prisoners; the right to a fair trial and independence of the judiciary; freedom of religion; freedom of opinion, expression and association; rights of the child; and dissemination of information regarding the Covenant.
Individuals could only be brought before courts on valid grounds, the delegation said. A detainee should not be forced to answer questions asked by his investigators. Those who were arrested on grounds of suspicion should be released within 24 hours if no immediate evidence was found. The prosecutor general had to be informed about any arrest within the time limit. The arrest could not be extended beyond seven days, during which the case should be brought before a judge. Pre-trial detention was limited to six months.
Great progress had been made to improve prison conditions with the collaboration of external organizations, the delegation said. Adolescents could pursue their studies while they were in prison. The Government was not against giving prisoners the maximum comfort, but there were financial constraints. The basic argument was that prisoners had been deprived of their liberty, and it was ironic to bestow on them a "five-star hotel comfort". With the collaboration of national and international organizations, training seminars had been provided to prison guards.
With regard to cases of death in prison, the delegation said that no suspicious incidents had taken place in Yemeni prisons due to the good conduct of prison guards. Some prisoners might have died in prison because of natural illness or old-age, and if there was any doubt, an autopsy was carried out.Concerning the procedure for the appointment of judges, the delegation said that the conditions and functions of judges were described by law. There was a higher council of judges for the appointment, dismissal and transfer of judges. Judges should enjoy legal capacity, should be over 30, and should be Yemeni citizens upon their appointment. The attorney general was appointed pursuant to the decision of the President of the Republic.
Asked to provide information on allegations about the independence of the judiciary, the delegation said that the allegations were unfounded and that the Constitution guaranteed the independence of the judiciary. No interference was made to hinder the course of justice.
On the issue of freedom of religion, the delegation said Islam expressed full respect for other religions. In Yemen, legal religious communities were recognized and there was peaceful co-existence with Islam. Non-Muslims in Yemen had full freedom to practice their religious ceremonies and rites of worship. Asked whether it was possible for a Muslim to convert to another religion, the delegation was of the view that such acts might undermine the security and stability of the society.
Newspapers could be edited by Yemeni citizens under the limits prescribed by the law on publications, the delegation said. The name and address of the newspaper or magazine and details of the private printing press should be known; and if the newspaper was owned by several persons, the names of the shareholders should also be revealed to the Government. The editorial staff should be made up of persons of good morals and solid reputation. In that connection, the Press and Publication Act of 1990 contained various safeguards for the freedom of thought, expression and opinion. According to the Act, the right to publish and own newspapers and magazines was guaranteed for all citizens.
On the incidents relating to the professional activities of journalists and on the cases of denial of accreditation to foreign or Yemeni journalists working for foreign publications, the delegation said that there was a press law detailing the conditions to practice the profession.
There was no difference between boys and girls in the measures aimed at promoting child rights. Public campaigns had been carried out to implement the programmes of vaccinations. In conjunction with local NGOs, programmes had been designed for street children and the establishment of rehabilitation centres.

Additional Questions by Experts
An Expert said that the law on Press and Publication contained a series of restrictions despite the positive measures taken by the Government to expand press freedom; there were at present eight editors involved in cases before courts; and there was also information that some editors and an international news correspondent had been arrested. The correspondent of one of the Gulf newspapers was asked to reveal his sources of information on which he based his reports, which was against journalistic ethics.
Relating to the freedom the press, another Expert said that the list of requirements to obtain licences for the establishment of newspapers was long, and asked if at the end it was at the discretion of the authorities to issue a licence after the fulfilment of those requirements.
An Expert said that article 11 of the Covenant stipulated that no one shall be imprisoned merely on the grounds of inability to fulfil a contractual obligation, however, there was a contradiction with the domestic law. What was the position of the delegation on that issue?

Delegation's Response
The delegation said that since ratification, Yemen had endeavoured to implement the provisions of the Covenant. However, there were some contradictions encountered vis-a-vis domestic laws in the process of the implementation. Despite the predominance of the Shari'a, the Government continued to implement the provisions of the Covenant, and priority was given to them.
With regard to the arrest of a journalist, the delegation said that the individual was detained because of his involvement in the abduction of persons together with local tribes. The journalist had no immunity from crimes because of his profession.
Freedom of expression was allowed, including the publication of opinions, but a journalist should take into consideration social behaviour and the values in the society.
Responding to a question on the death sentences carried out in 2001, the delegation said that the right figure was 177 and not 186. The delegation added that the family of the victim could request exoneration from the death penalty of the criminal as a result of a reconciliation or other arrangements.

Chairperson's Statement
Committee Chairperson PRAFULLACHANDARA NATWARLAL BHAGWATI congratulated the Government of Yemen for its efforts to improve its human rights record. He thanked the State party for the detailed and comprehensive report which was submitted without a delay. He said that the concerns expressed by the Experts would find their place in the concluding observations which the Committee would issue at the end of its current session.




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