8. The Committee notes with concern that married women may not,
at least by law, leave their home without the authorization of their
husbands (arts. 3, 12 and 26 of the Covenant)
The State party should take appropriate measures to eliminate this
practice and ensure, in law and in practice, that women's rights
under articles 3, 12 and 26 of the Covenant are observed.
9. The Committee notes the persistence of the practice of polygamy
which is an affront to the dignity of the human person and is discriminatory
under the Covenant (arts. 3 and 26 of the Covenant).
The State party is strongly encouraged to abolish polygamy and to
socially combat such a practice through efficient measures.
10. The Committee expresses its concern with the practice of marriage
of very young girls, and with the inequality in the age of marriage
between men and women (arts 3 and 26 of the Covenant).
The State Party should ensure protection of girls against very early
marriage, and the elimination of discrimination against women regarding
the marriage age.
11. The Committee notes the discriminatory situation that affects
women in the acquisition and transmission of nationality (arts.
3 and 26 of the Covenant).
The State party must eliminate from its legislation all discrimination
between men and women with regard to the acquisition and transmission
12. The Committee is concerned at the continued detention of women
who have served their prison sentence and are held in detention
because of the social and family attitude of rejection of them (arts.
3, 9 and 26 of the Covenant).
The State party is encouraged to find appropriate solutions for
the rehabilitation of such women in society.
13. While it welcomes the measures taken by the authorities in recent
years to promote the participation of women in public life, the
Committee notes the underrepresentation of women in the public and
private sectors (arts. 3 and 26).
The State party is encouraged to pursue its efforts to secure better
participation of women at all levels of society and of the State.
14. The Committee notes the lack of clarity regarding the legal
provisions on declaring a state of emergency and derogating from
the obligations established in the Covenant (art. 4 of the Covenant).
The State party is called upon to make its legislation conform to
the provisions of the Covenant so as to ensure in particular that
there are no breaches of non-derogable rights.
15. The Committee notes with concern that the offences liable to
the death penalty under Yemeni law are not consistent with the requirements
of the Covenant and that the right to seek a pardon is not guaranteed
for all on an equal footing. The preponderant role of the victim's
family in whether or not the penalty is carried out on the basis
of financial compensation is also contrary to articles 6, 14 and
26 of the Covenant.
The State party should review the question of the death penalty.
The Committee points out that article 6 of the Covenant limits the
circumstances that may justify the death penalty and guarantees
the right of every convicted person to seek a pardon. Consequently,
it calls upon the State party to bring its legislation and practice
into line with the provisions of the Covenant. The State party is
also called upon to provide the Committee with detailed information
on the number of persons sentenced to death and the number of convicted
persons executed since the year 2000.
16. The Committee is extremely concerned to find that amputation
and flagellation, and in general corporal punishment are still prescribed
by law and practised, contrary to article 7 of the Covenant.
The State Party should take appropriate measures to put an end to
such practices and to ensure respect for the provisions of the Covenant.
17. The Committee is disturbed to note the existence of cases of
torture and cruel, inhuman or degrading treatment for which law
enforcement officers are responsible. It is equally concerned at
the absence, in general, of investigations into such reprehensible
practices and of punishment of the perpetrators. It is also concerned
at the absence of an independent body to investigate such complaints
(arts. 6 and 7 of the Covenant).
The State party should ensure that all allegations of human rights
abuses are investigated and should, depending on the findings of
the investigations, institute proceedings against the perpetrators
of such violations. The State party must put in place an independent
body to investigate such complaints.
18. While it understands the security requirements connected with
the events of 11 September 2001, the Committee expresses its concern
about the effects of this campaign on the human rights situation
in Yemen, in relation to both nationals and foreigners. It is concerned,
in this regard, at the attitude of the security forces, including
Political Security, proceeding to arrest and detain anyone suspected
of links with terrorism, in violation of the guarantees set out
in the Covenant (art. 9). The Committee also expresses its concern
about cases of expulsion of foreigners suspected of terrorism without
an opportunity for them to legally challenge such measures. Such
expulsions would, furthermore, be decided without taking into account
the risks to the physical integrity and lives of the persons concerned
in the country of destination (arts. 6 and 7).
The State party should ensure that the measures taken in the name
of the campaign against terrorism are within the limits of Security
Council resolution 1373 and are fully consistent with the provisions
of the Covenant. It is requested to ensure that the fear of terrorism
does not become a source of abuse.
19. The Committee notes that the independence of the judiciary does
not seem to be guaranteed in all circumstances (art. 14).
The State party should ensure that the judiciary is free of any
interference, in accordance with the provisions of the Covenant.
20. The Committee notes with concern the violations of freedom of
religion or belief and inter alia the violation of the right to
change one's own religion(art. 18 of the Covenant).
The State party should ensure that its legislation and practice
are in line with the provisions of the Covenant and in particular
that the right of persons to change their religion if they wish
so, is respected.
21. The Committee expresses its concern about some restrictions
under Yemeni legislation on freedom of the press and about the difficulties
encountered by journalists in the exercise of their profession particularly
when criticisms of the authorities are expressed (art. 19 of the
The State party must ensure respect for the provisions of article
19 of the Covenant.
22. The State party should disseminate widely the text of its third
periodic report and the present concluding observations.
23. In accordance with article 70, paragraph 5, of the Committee's
rules of procedure, the State party should within one year provide
information on the implementation of the Committee's recommendations
in paragraphs 6 to 13 concerning the status of women and in paragraph
15 on the number of persons sentenced to death and executed since
the year 2000. The Committee requests the State party to provide
in its next report, which it is scheduled to submit by 1 August
2004, information on the other recommendations made and on the Covenant
as a whole.