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HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF YEMEN
12 July 2005
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Human Rights Committee
12 July 2005
The Human Rights Committee has considered the fourth periodic report of Yemen on how that State party implements the provisions of the International Covenant on Civil and Political Rights.
Introducing the report, Abdulkader Kahtan, Brigadier General, Director General of the External Relations and International Criminal Police of Yemen, said that in 1990, with the unification of the country, democracy had been adopted and that had been the major turning point in the work for the promotion of human rights. New political, social, economic and cultural principles had been adopted, and the creation of the State had been inspired by and based on international human rights instruments. Within the framework of the partnership with the international community, he said, the Government had adopted plans to promote human rights and democracy in various fields including training, as well as spreading a culture of human rights and ensuring the participation of all sectors of life in all activities and national plans and programmes.
Yemen continued, despite limited funds and capacities, to strive to work towards the level of its ambitions, and this was why it continued to spread the culture of human rights and to raise citizens’ awareness as regarding their rights in a democratic society where all were equal and their rights defended and guaranteed, and was determined to continue to do so, he said.
In preliminary remarks, the Chairperson of the Committee, Christine Chanet, said that it did not seem that much progress had been made since the last report by Yemen was submitted in 2002, in particular with regard to the specific nature of domestic law and religion. There had been no reservations made to the International Covenant on Civil and Political Rights, and therefore it should be complied with fully, as it applied in its full rigour and simplicity. The practices of polygamy and crimes of honour were in violation of the Covenant, and the delegation therefore could not continue to affirm that Islamic law and religion took priority over the provisions of the Covenant. Therefore there was not much difference between the recommendations made in 2002, and those that would be made this time.
Committee Experts raised questions on subjects pertaining to, among other things, whether the prohibition of discrimination based on sex was specifically provided for in domestic law; issues related to the independence of the judiciary and how this was guaranteed; what efforts were daily undertaken to discourage abusive practices against young girls in the context of female genital mutilation; and the issue of low figures of representation of women in political life.
The Committee will issue its formal, written concluding observations and recommendations on the report of Yemen towards the end of its session which will conclude on 29 July 2005.
Also representing Yemen were representatives of the Local Authorities Department and Civil Society Organizations, the Human Rights Department at the Office of the General Attorney, and the Claims and Communiqués Section of the Ministry for Human Rights.
Yemen is among the 154 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is also one of the 104 States parties to the Optional Protocol to Covenant.
The Committee will reconvene at 11 a.m. on Wednesday, 13 July to begin its consideration of the initial report of Tajikistan (CCPR/C/SVN/2004/2).
Report of Yemen
The fourth periodic report of Yemen (CCPR/C/YEM/2004/4) details considerable strides made in developing human rights in the country. Yemen has now signed more than 57 international human rights instruments, and this trend is reinforced by the fact that there is a large measure of congruence between Yemen’s national legislation and the contents of those instruments as regards their treatment of many human rights issues. Since submitting its third periodic report, many positive developments have been achieved, including the holding of parliamentary elections, with free, direct voting. The war of the summer of 1994 was over and done with.
The Government is currently concerned with reform of the judicial system, and is determined to build and develop its capacities, considering as it does that the judiciary is the key to justice and equality and the basic safeguard of and protection for human rights. The country’s legislation dealing with the status of women within the family and in public life has been reviewed. In the field of public education for girls, the Government of Yemen is continuing with the widespread efforts it has undertaken in recent years to encourage women to pursue their education.
Regarding the rights of children, the promulgation of the Children’s Rights Act represents a substantial achievement in this area. Reform efforts have also been pursued in the areas of prison conditions and police statistics. A study on the right of asylum is currently underway. Yemen believes firmly in its democratic orientation and is committed to advancing along that road. The newly established Ministry of Human Rights functions in cooperation with an advisory body made up of representatives from 35 non-governmental organizations. Despite Yemen’s achievements, the experience is still a novelty, and as a result some forms of human rights violations have persisted. Moreover, the country’s socio-cultural heritage has some negative features. The situation requires more effort, patience and persistence, and Yemen looks forward to further cooperation with the Human Rights Committee and the international community in that connection.
Presentation of Report
ABDULKADER KAHTAN, Brigadier General, Director General of the External Relations and International Criminal Police, introducing the report, said Yemen truly appreciated the humanitarian role played by the Committee. On this occasion, he wished to reaffirm Yemen's determination to pursue its efforts to promote rights and freedoms. In 1990, with the unification of the country, democracy had been adopted and that had been the major turning point in the work for the promotion of human rights. New political, social, economic and cultural principles had been adopted, and the creation of the State had been inspired by and based on international human rights instruments. A legislative human rights system now existed, and political multi-partism had become a cornerstone of the State.
In 1999, the first presidential elections by direct suffrage had taken place. In later democratic developments, Yemen had witnessed a great change, through the first elections on a municipal level in 2001. Public participation in drawing up local policies and plans was commonplace. Women effectively participated as candidates and voters in elections, which further promoted rights and freedoms, as did the participation of non-governmental organizations in many fields. Media and cultural plurality also existed all over the territory of Yemen. Many parties had their own publications and press, through which they expressed their opinions. There had also been a noted development in the local press which followed the activities of civil institutions and citizens. Women were guaranteed full participation in public life, and impediments to their rights were being removed.
Within the framework of the partnership with the international community, he said, the Government had adopted plans to promote human rights and democracy in various fields including training, as well as spreading a culture of human rights and ensuring the participation of all sectors of life in all activities and national plans and programmes. The Ministry of Human Rights and relevant bodies aimed at furthering the partnership with civil society organizations, whether at national or international level, by developing further new national plans and actions. Yemen continued, despite limited funds and capacities, to strive to work towards the level of its ambitions, and this was why it continued to spread the culture of human rights and to raise citizens’ awareness as regarding their rights in a democratic society where all were equal and their rights defended and guaranteed. Yemen was determined to continue to do so.
Questions by the Committee Experts
A series of questions were submitted by the Committee Experts in advance to the meeting (CCPR/C/84/L/YEM) and others were posed orally. Questions raised concerned the issues of when an independent human rights commission would be established; whether the prohibition of discrimination based on sex was specifically provided for in domestic law; steps taken against perpetrators of female genital mutilation and other forms of violence against women; issues related to polygamy; women’s rights to property; the legislative reform for the prevention of torture; and issues related to the independence of the judiciary and how this was guaranteed. Issues raised orally included the need to change entrenched social practices in the context of gender discrimination; what efforts were daily undertaken to discourage abusive practices against young girls in the context of female genital mutilation; the issue of low figures of representation of women in political life; and the trafficking of women and children.
Constitutional and Legal Framework within which the Covenant is Implemented; Right to an Effective Remedy
The delegation, responding to the prepared questions, said a mechanism to give full effect to rights protected under the Covenant existed, and the courts were in the business of implementing and applying the law on the rights enshrined in the treaty. A legislative mechanism also existed. The Second Committee of Parliament was the Complaints and Petitions Committee, and it reviewed and examined the various claims and petitions that were submitted by citizens, and prepared reports on these studies to Parliament in its public meetings. The Legislative Council had a number of committees affiliated to it, including the Committee on Human Rights and Public Freedoms, which engaged in the discharge of a number of functions related to human rights.
Regarding administrative measures taken for the protection of human rights through the Government and committees, there were mechanisms that had been set up in order to enhance and promote human rights, and these had experienced a number of steps and had had a progressive existence in Yemen. In 1998, the Supreme National Committee for Human Rights had been formed. The Government of Yemen was very keen on strengthening and supporting civil society organizations for the promotion and protection of human rights. Regarding the establishment of an independent human rights commission, Yemen was keen to play its role by establishing bodies for the implementation of rights, in particular in the field of judicial protection, and continued its efforts to develop the machinery for the protection of human rights.
Gender Equality and Non-Discrimination
The delegation said that national legislation in the field of gender equality and non-discrimination was entirely in conformity with international human rights instruments, and the Constitution had confirmed obligations of duties and responsibilities without discrimination regarding sex. All citizens were equal before the law, and should assume their obligations equally. Opportunities for employment should be open to all without discrimination. Work was being done to ensure that women had full access to political life. Regarding the issue of female genital mutilation and proceedings taken against those perpetrating this and other forms of violence against women and what steps had been taken to implement the law against this, the report contained a full answer to this issue. Female genital mutilation took place in very limited areas near the border areas, and there were intensive efforts underway to eliminate it. National legislation on the issue of polygamy was based on Shari’a law, and it was necessary to respect religious characteristics in this regard.
National legislation on women’s rights to property was fully in line with the provisions of the Covenant, and there were no restrictions on these rights. There was no discrimination between men and women, and legislation had affirmed and proclaimed these rights. Steps had been taken to bring the country into line with the Government obligations as contained in the Covenant. Work had been done to improve the situation of women and their participation in society. Women’s institutions and mechanisms had been encouraged at all levels. The Government had undertaken to put into practice various provisions using strategies to improve the level of women’s education, particularly that of girls, and there was a national strategy regarding the promotion of the role of women.
Right to Life
Regarding a specific case where one woman was convicted of adultery and sentenced to death by stoning, the delegation said this sentence was related to religion in Yemeni society, and there was no international text requiring any country to give up its religion. A sentence to death by stoning was very difficult to reach, as Islamic law required guarantees including a need for four witnesses with no ambiguity possible. When the woman recognised her adultery, stoning was set aside. The case had been returned to the court of first instance to examine the situation again.
Regarding an issue related to a death sentence carried out against an individual allegedly suffering from schizophrenia, there was a need to identify this person in order for the question to be answered, the delegation said. As for death sentences in general, there were many guarantees to protect persons during trial. The report contained a list of the crimes of those sentenced to death.
Response to Oral Questions
In response to questions raised orally by various Experts of the Committee on different topics, the delegation said regarding the creation of a Ministry of Human Rights and whether this would impede the creation of an independent Commission on Human Rights, the current approach in Yemen was to look at the steps necessary in order to set up such a Commission, and this was done in concert with human rights non-governmental organizations. The importance of having such an independent Commission was fully understood.
In response to other questions, it was noted that Yemeni legislation did not contain any text anywhere dealing with gender-based discrimination; regarding the representation of women in the judiciary, there were very few women and numbers had gone down although the door was open, but sometimes social or personal obligations prevented women from holding such posts; with respect to the existence of legislative texts on the crime of terrorism, Yemeni legislation did not define this crime but did contain a specific law under which many crimes of kidnapping of foreigners and terrorism had been prosecuted; and on the topic of female genital mutilation, this was very rare and took place in isolated coastal areas, there were no cases within the health services of Yemen, and therefore there were no formal statistics on the issue.
Committee Experts then made further comments on the responses to their questions, in particular clarifying their questions and asking others, such as in the case of the danger of the death penalty when there was a political dimension to that case; with regard to the trafficking of Iraqi women to Yemen, the need to consider how the human rights of these women could be addressed; and prosecutions for domestic violence and whether there were any recorded cases in this area. The delegation responded briefly to these questions.
Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment; Treatment of Prisoners and Other Detainees
Responding to questions on this topic, the delegation said, among other things, that Yemen had domestic legislation banning torture, and this was one of the guarantees provided in protecting civil and political rights. All forms of torture were combated, and clarification had been provided with respect to current legislation. Complaints related to torture were taken seriously and investigated, as were other crimes by the courts. No one could be imprisoned or held in custody in illegal prisons. In cases of detention, basic rights had to be respected on the basis of procedures prevailing in the country and contained in the Constitution. Torture was a crime with no statute of limitation.
Legislation contained texts regarding the right to life and to security of each individual, and this was something that had been taken into account. There were a series of initiatives targeting civil society and also at all levels of Government regarding violence which took many forms, highlighting human rights and particularly the rights of accused persons, as very often accused citizens were not aware of these rights. Yemen had moved forward in combating terrorism through the principle of dialogue, which was one of the basic pillars of Yemeni policy. Those who participated in criminal terrorist crimes were being tried according to the law. Yemen was playing a leading role in laws dealing with juveniles.
Right to a Fair Trial
Regarding a question on the independence of the judiciary, there was nothing showing that any of the complaints made had anything to do with attempts to manipulate the judicial system, the delegation said. Some of the complaints referred to specialised organs. The independence of the judiciary was backed up by legal texts, and article 16 of the Special Law concerning the Establishment of Specialised Courts in particular. A detained person could ask for the assistance of a lawyer, and article 9 of the Criminal Procedures Code stipulated that there were guarantees for the accused person to either defend himself or to seek the assistance for any part of the process, including the investigatory phase. Assistance was provided by an approved lawyer to those who could not afford it, and this lawyer was appointed by a judge after it was proved that the accused was unable to afford a lawyer.
Freedom of Religion
Regarding conversion to another religion and its proclamation and limitations to the freedom of religion, the people of Yemen believed in Islam and all legal laws stemmed from Islamic jurisprudence, which was very tolerant. There were no limitations to the freedom of religion based on the concept that Islam respected all other monotheistic religions, and there was no case in which there had been a case of condemnation for changes of religion from Islam to another.
Right to Freedom of Expression, Assembly and Association
Responding to a question on reports alleging that four people demonstrating against the war in Iraq were killed by security forces, the delegation wished to emphasise that the Constitution allowed peaceful demonstrations under certain conditions prescribed by law, for example obtaining permission to do so. Among the most important developments at the national level were moves to reform the Press and Publications Act of 1990 in order to prevent the imprisonment of a journalist without due process, and the concept of the free and responsible press would be enhanced by these reforms.
The independence of local associations was preserved by a restriction on the funding provided to these associations by Governmental sources.
Protection of Children
With regards to the marriage of a minor, the delegation said, this could take place only if the benefit of the marriage was in favour of the minor.
Questions Raised by Experts
In final comments by Committee Experts, various issues were raised, including the reassurance by the delegation that all incidents of torture were fully investigated; incidents mentioned in the report where police officers had gone beyond the provisions of the law; concern for corporal punishment as prescribed by Yemeni law; juveniles detained separately from adults and the progress made in this area; legitimate motives for police intervention, in particular in the context of the death of an eleven-year old boy; restrictions on media freedom contained in a draft law; planned judicial reforms and the security of tenure of judges; and the freedom to practice religion.
The comments and observations of the Committee would open the door to Yemen to improve the situation of human rights, the delegation said, responding briefly to some of the questions posed by Committee Members.
Preliminary Remarks
CHRISTINE CHANET , Chairperson of the Committee, thanking the delegation for its efforts to present the report on time, noted that the questions raised by Experts had been replied to in detail. Only three years had passed since the last report, and there did not appear to be any major differences. It was one thing to want to cooperate with the Committee, and another to actually do what it suggested. The Committee expressed concerns mainly of a legal nature, and recommendations made in 2002 had been mainly in the same theme. It did not seem that much progress had been made today, in particular with regard to the specific nature of domestic law and religion. There had been no reservations made to the Covenant, and therefore it should be complied with fully, as it applied in its full rigour and simplicity.
A number of practices and rights did not appear to be in agreement with the Covenant, in particular the principles of equality in marriage, Ms. Chanet said. The practices of polygamy and crimes of honour were in violation of the Covenant, and the delegation therefore could not continue to affirm that Islamic law and religion took priority over the provisions of the Covenant. Therefore there was not much difference between the recommendations made in 2002, and those that would be made this time. With regard to the death penalty, corporal punishment and female genital mutilation, it was not enough to have prohibitions of these issues in national law, but there was a need to have follow-up, and it was the State’s responsibility to implement these provisions, even in the most remote areas.
Regarding the freedom of religion, there were no derogations to the Covenant in this regard, and reservations could not be made subsequent to ratification. The Committee had to say that article 18 had not been complied with in regards to the possibility of changing religion. Draft laws could not be taken into account, as the Committee only took note of existing laws.
* *** *
This press release is not an official record and is provided for public information only.
12 July 2005
The Human Rights Committee has considered the fourth periodic report of Yemen on how that State party implements the provisions of the International Covenant on Civil and Political Rights.
Introducing the report, Abdulkader Kahtan, Brigadier General, Director General of the External Relations and International Criminal Police of Yemen, said that in 1990, with the unification of the country, democracy had been adopted and that had been the major turning point in the work for the promotion of human rights. New political, social, economic and cultural principles had been adopted, and the creation of the State had been inspired by and based on international human rights instruments. Within the framework of the partnership with the international community, he said, the Government had adopted plans to promote human rights and democracy in various fields including training, as well as spreading a culture of human rights and ensuring the participation of all sectors of life in all activities and national plans and programmes.
Yemen continued, despite limited funds and capacities, to strive to work towards the level of its ambitions, and this was why it continued to spread the culture of human rights and to raise citizens’ awareness as regarding their rights in a democratic society where all were equal and their rights defended and guaranteed, and was determined to continue to do so, he said.
In preliminary remarks, the Chairperson of the Committee, Christine Chanet, said that it did not seem that much progress had been made since the last report by Yemen was submitted in 2002, in particular with regard to the specific nature of domestic law and religion. There had been no reservations made to the International Covenant on Civil and Political Rights, and therefore it should be complied with fully, as it applied in its full rigour and simplicity. The practices of polygamy and crimes of honour were in violation of the Covenant, and the delegation therefore could not continue to affirm that Islamic law and religion took priority over the provisions of the Covenant. Therefore there was not much difference between the recommendations made in 2002, and those that would be made this time.
Committee Experts raised questions on subjects pertaining to, among other things, whether the prohibition of discrimination based on sex was specifically provided for in domestic law; issues related to the independence of the judiciary and how this was guaranteed; what efforts were daily undertaken to discourage abusive practices against young girls in the context of female genital mutilation; and the issue of low figures of representation of women in political life.
The Committee will issue its formal, written concluding observations and recommendations on the report of Yemen towards the end of its session which will conclude on 29 July 2005.
Also representing Yemen were representatives of the Local Authorities Department and Civil Society Organizations, the Human Rights Department at the Office of the General Attorney, and the Claims and Communiqués Section of the Ministry for Human Rights.
Yemen is among the 154 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is also one of the 104 States parties to the Optional Protocol to Covenant.
The Committee will reconvene at 11 a.m. on Wednesday, 13 July to begin its consideration of the initial report of Tajikistan (CCPR/C/SVN/2004/2).
Report of Yemen
The fourth periodic report of Yemen (CCPR/C/YEM/2004/4) details considerable strides made in developing human rights in the country. Yemen has now signed more than 57 international human rights instruments, and this trend is reinforced by the fact that there is a large measure of congruence between Yemen’s national legislation and the contents of those instruments as regards their treatment of many human rights issues. Since submitting its third periodic report, many positive developments have been achieved, including the holding of parliamentary elections, with free, direct voting. The war of the summer of 1994 was over and done with.
The Government is currently concerned with reform of the judicial system, and is determined to build and develop its capacities, considering as it does that the judiciary is the key to justice and equality and the basic safeguard of and protection for human rights. The country’s legislation dealing with the status of women within the family and in public life has been reviewed. In the field of public education for girls, the Government of Yemen is continuing with the widespread efforts it has undertaken in recent years to encourage women to pursue their education.
Regarding the rights of children, the promulgation of the Children’s Rights Act represents a substantial achievement in this area. Reform efforts have also been pursued in the areas of prison conditions and police statistics. A study on the right of asylum is currently underway. Yemen believes firmly in its democratic orientation and is committed to advancing along that road. The newly established Ministry of Human Rights functions in cooperation with an advisory body made up of representatives from 35 non-governmental organizations. Despite Yemen’s achievements, the experience is still a novelty, and as a result some forms of human rights violations have persisted. Moreover, the country’s socio-cultural heritage has some negative features. The situation requires more effort, patience and persistence, and Yemen looks forward to further cooperation with the Human Rights Committee and the international community in that connection.
Presentation of Report
ABDULKADER KAHTAN, Brigadier General, Director General of the External Relations and International Criminal Police, introducing the report, said Yemen truly appreciated the humanitarian role played by the Committee. On this occasion, he wished to reaffirm Yemen's determination to pursue its efforts to promote rights and freedoms. In 1990, with the unification of the country, democracy had been adopted and that had been the major turning point in the work for the promotion of human rights. New political, social, economic and cultural principles had been adopted, and the creation of the State had been inspired by and based on international human rights instruments. A legislative human rights system now existed, and political multi-partism had become a cornerstone of the State.
In 1999, the first presidential elections by direct suffrage had taken place. In later democratic developments, Yemen had witnessed a great change, through the first elections on a municipal level in 2001. Public participation in drawing up local policies and plans was commonplace. Women effectively participated as candidates and voters in elections, which further promoted rights and freedoms, as did the participation of non-governmental organizations in many fields. Media and cultural plurality also existed all over the territory of Yemen. Many parties had their own publications and press, through which they expressed their opinions. There had also been a noted development in the local press which followed the activities of civil institutions and citizens. Women were guaranteed full participation in public life, and impediments to their rights were being removed.
Within the framework of the partnership with the international community, he said, the Government had adopted plans to promote human rights and democracy in various fields including training, as well as spreading a culture of human rights and ensuring the participation of all sectors of life in all activities and national plans and programmes. The Ministry of Human Rights and relevant bodies aimed at furthering the partnership with civil society organizations, whether at national or international level, by developing further new national plans and actions. Yemen continued, despite limited funds and capacities, to strive to work towards the level of its ambitions, and this was why it continued to spread the culture of human rights and to raise citizens’ awareness as regarding their rights in a democratic society where all were equal and their rights defended and guaranteed. Yemen was determined to continue to do so.
Questions by the Committee Experts
A series of questions were submitted by the Committee Experts in advance to the meeting (CCPR/C/84/L/YEM) and others were posed orally. Questions raised concerned the issues of when an independent human rights commission would be established; whether the prohibition of discrimination based on sex was specifically provided for in domestic law; steps taken against perpetrators of female genital mutilation and other forms of violence against women; issues related to polygamy; women’s rights to property; the legislative reform for the prevention of torture; and issues related to the independence of the judiciary and how this was guaranteed. Issues raised orally included the need to change entrenched social practices in the context of gender discrimination; what efforts were daily undertaken to discourage abusive practices against young girls in the context of female genital mutilation; the issue of low figures of representation of women in political life; and the trafficking of women and children.
Constitutional and Legal Framework within which the Covenant is Implemented; Right to an Effective Remedy
The delegation, responding to the prepared questions, said a mechanism to give full effect to rights protected under the Covenant existed, and the courts were in the business of implementing and applying the law on the rights enshrined in the treaty. A legislative mechanism also existed. The Second Committee of Parliament was the Complaints and Petitions Committee, and it reviewed and examined the various claims and petitions that were submitted by citizens, and prepared reports on these studies to Parliament in its public meetings. The Legislative Council had a number of committees affiliated to it, including the Committee on Human Rights and Public Freedoms, which engaged in the discharge of a number of functions related to human rights.
Regarding administrative measures taken for the protection of human rights through the Government and committees, there were mechanisms that had been set up in order to enhance and promote human rights, and these had experienced a number of steps and had had a progressive existence in Yemen. In 1998, the Supreme National Committee for Human Rights had been formed. The Government of Yemen was very keen on strengthening and supporting civil society organizations for the promotion and protection of human rights. Regarding the establishment of an independent human rights commission, Yemen was keen to play its role by establishing bodies for the implementation of rights, in particular in the field of judicial protection, and continued its efforts to develop the machinery for the protection of human rights.
Gender Equality and Non-Discrimination
The delegation said that national legislation in the field of gender equality and non-discrimination was entirely in conformity with international human rights instruments, and the Constitution had confirmed obligations of duties and responsibilities without discrimination regarding sex. All citizens were equal before the law, and should assume their obligations equally. Opportunities for employment should be open to all without discrimination. Work was being done to ensure that women had full access to political life. Regarding the issue of female genital mutilation and proceedings taken against those perpetrating this and other forms of violence against women and what steps had been taken to implement the law against this, the report contained a full answer to this issue. Female genital mutilation took place in very limited areas near the border areas, and there were intensive efforts underway to eliminate it. National legislation on the issue of polygamy was based on Shari’a law, and it was necessary to respect religious characteristics in this regard.
National legislation on women’s rights to property was fully in line with the provisions of the Covenant, and there were no restrictions on these rights. There was no discrimination between men and women, and legislation had affirmed and proclaimed these rights. Steps had been taken to bring the country into line with the Government obligations as contained in the Covenant. Work had been done to improve the situation of women and their participation in society. Women’s institutions and mechanisms had been encouraged at all levels. The Government had undertaken to put into practice various provisions using strategies to improve the level of women’s education, particularly that of girls, and there was a national strategy regarding the promotion of the role of women.
Right to Life
Regarding a specific case where one woman was convicted of adultery and sentenced to death by stoning, the delegation said this sentence was related to religion in Yemeni society, and there was no international text requiring any country to give up its religion. A sentence to death by stoning was very difficult to reach, as Islamic law required guarantees including a need for four witnesses with no ambiguity possible. When the woman recognised her adultery, stoning was set aside. The case had been returned to the court of first instance to examine the situation again.
Regarding an issue related to a death sentence carried out against an individual allegedly suffering from schizophrenia, there was a need to identify this person in order for the question to be answered, the delegation said. As for death sentences in general, there were many guarantees to protect persons during trial. The report contained a list of the crimes of those sentenced to death.
Response to Oral Questions
In response to questions raised orally by various Experts of the Committee on different topics, the delegation said regarding the creation of a Ministry of Human Rights and whether this would impede the creation of an independent Commission on Human Rights, the current approach in Yemen was to look at the steps necessary in order to set up such a Commission, and this was done in concert with human rights non-governmental organizations. The importance of having such an independent Commission was fully understood.
In response to other questions, it was noted that Yemeni legislation did not contain any text anywhere dealing with gender-based discrimination; regarding the representation of women in the judiciary, there were very few women and numbers had gone down although the door was open, but sometimes social or personal obligations prevented women from holding such posts; with respect to the existence of legislative texts on the crime of terrorism, Yemeni legislation did not define this crime but did contain a specific law under which many crimes of kidnapping of foreigners and terrorism had been prosecuted; and on the topic of female genital mutilation, this was very rare and took place in isolated coastal areas, there were no cases within the health services of Yemen, and therefore there were no formal statistics on the issue.
Committee Experts then made further comments on the responses to their questions, in particular clarifying their questions and asking others, such as in the case of the danger of the death penalty when there was a political dimension to that case; with regard to the trafficking of Iraqi women to Yemen, the need to consider how the human rights of these women could be addressed; and prosecutions for domestic violence and whether there were any recorded cases in this area. The delegation responded briefly to these questions.
Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment; Treatment of Prisoners and Other Detainees
Responding to questions on this topic, the delegation said, among other things, that Yemen had domestic legislation banning torture, and this was one of the guarantees provided in protecting civil and political rights. All forms of torture were combated, and clarification had been provided with respect to current legislation. Complaints related to torture were taken seriously and investigated, as were other crimes by the courts. No one could be imprisoned or held in custody in illegal prisons. In cases of detention, basic rights had to be respected on the basis of procedures prevailing in the country and contained in the Constitution. Torture was a crime with no statute of limitation.
Legislation contained texts regarding the right to life and to security of each individual, and this was something that had been taken into account. There were a series of initiatives targeting civil society and also at all levels of Government regarding violence which took many forms, highlighting human rights and particularly the rights of accused persons, as very often accused citizens were not aware of these rights. Yemen had moved forward in combating terrorism through the principle of dialogue, which was one of the basic pillars of Yemeni policy. Those who participated in criminal terrorist crimes were being tried according to the law. Yemen was playing a leading role in laws dealing with juveniles.
Right to a Fair Trial
Regarding a question on the independence of the judiciary, there was nothing showing that any of the complaints made had anything to do with attempts to manipulate the judicial system, the delegation said. Some of the complaints referred to specialised organs. The independence of the judiciary was backed up by legal texts, and article 16 of the Special Law concerning the Establishment of Specialised Courts in particular. A detained person could ask for the assistance of a lawyer, and article 9 of the Criminal Procedures Code stipulated that there were guarantees for the accused person to either defend himself or to seek the assistance for any part of the process, including the investigatory phase. Assistance was provided by an approved lawyer to those who could not afford it, and this lawyer was appointed by a judge after it was proved that the accused was unable to afford a lawyer.
Freedom of Religion
Regarding conversion to another religion and its proclamation and limitations to the freedom of religion, the people of Yemen believed in Islam and all legal laws stemmed from Islamic jurisprudence, which was very tolerant. There were no limitations to the freedom of religion based on the concept that Islam respected all other monotheistic religions, and there was no case in which there had been a case of condemnation for changes of religion from Islam to another.
Right to Freedom of Expression, Assembly and Association
Responding to a question on reports alleging that four people demonstrating against the war in Iraq were killed by security forces, the delegation wished to emphasise that the Constitution allowed peaceful demonstrations under certain conditions prescribed by law, for example obtaining permission to do so. Among the most important developments at the national level were moves to reform the Press and Publications Act of 1990 in order to prevent the imprisonment of a journalist without due process, and the concept of the free and responsible press would be enhanced by these reforms.
The independence of local associations was preserved by a restriction on the funding provided to these associations by Governmental sources.
Protection of Children
With regards to the marriage of a minor, the delegation said, this could take place only if the benefit of the marriage was in favour of the minor.
Questions Raised by Experts
In final comments by Committee Experts, various issues were raised, including the reassurance by the delegation that all incidents of torture were fully investigated; incidents mentioned in the report where police officers had gone beyond the provisions of the law; concern for corporal punishment as prescribed by Yemeni law; juveniles detained separately from adults and the progress made in this area; legitimate motives for police intervention, in particular in the context of the death of an eleven-year old boy; restrictions on media freedom contained in a draft law; planned judicial reforms and the security of tenure of judges; and the freedom to practice religion.
The comments and observations of the Committee would open the door to Yemen to improve the situation of human rights, the delegation said, responding briefly to some of the questions posed by Committee Members.
Preliminary Remarks
CHRISTINE CHANET , Chairperson of the Committee, thanking the delegation for its efforts to present the report on time, noted that the questions raised by Experts had been replied to in detail. Only three years had passed since the last report, and there did not appear to be any major differences. It was one thing to want to cooperate with the Committee, and another to actually do what it suggested. The Committee expressed concerns mainly of a legal nature, and recommendations made in 2002 had been mainly in the same theme. It did not seem that much progress had been made today, in particular with regard to the specific nature of domestic law and religion. There had been no reservations made to the Covenant, and therefore it should be complied with fully, as it applied in its full rigour and simplicity.
A number of practices and rights did not appear to be in agreement with the Covenant, in particular the principles of equality in marriage, Ms. Chanet said. The practices of polygamy and crimes of honour were in violation of the Covenant, and the delegation therefore could not continue to affirm that Islamic law and religion took priority over the provisions of the Covenant. Therefore there was not much difference between the recommendations made in 2002, and those that would be made this time. With regard to the death penalty, corporal punishment and female genital mutilation, it was not enough to have prohibitions of these issues in national law, but there was a need to have follow-up, and it was the State’s responsibility to implement these provisions, even in the most remote areas.
Regarding the freedom of religion, there were no derogations to the Covenant in this regard, and reservations could not be made subsequent to ratification. The Committee had to say that article 18 had not been complied with in regards to the possibility of changing religion. Draft laws could not be taken into account, as the Committee only took note of existing laws.
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