University of Minnesota Human Rights Library

Yemen

1. The Committee considered the third periodic report of Yemen (CCPR/C/YEM/2001/3) at its 2027th and 2028th meetings (CCPR/C/SR. 2027 and CCPR/C/SR. 2028) on 17 and 18 July 2002 and adopted the following concluding observations at its 2036 meeting (CC/R/C/SR. 2036)
on 24 July 2002.

A. Introduction

2. The Committee welcomes the timely submission by the State party of its report, containing important information on domestic legislation on the implementation of the Covenant. It notes with appreciation that the report contains useful information on some legal and institutional developments since the consideration of the second periodic report. It nonetheless regrets the lack of information on the jurisprudence and the practical aspects of the implementation of the Covenant. The Committee notes, however, the responses partly given in answer to the questions raised and the concerns expressed during the consideration of the report. It also welcomes the delegation's expressed readiness to cooperate.

B. Positive aspects

3. The Committee welcomes the importance attached in article 6 of the Yemeni Constitution to the Universal Declaration of Human Rights. It also welcomes some human rights initiatives undertaken by the State party in recent years, in particular the appointment of a
Minister of State for Human Rights in 2001, and conclusion of a technical cooperation agreement with the Office of the High Commissioner for Human Rights (in keeping with the recommendation in the Committee's concluding observations of 3 October 1995, paras. 258 and 265) and with ILO to eradicate child labour, as well as the creation of aid centres for disadvantaged children. It also notes the increasing number of non-governmental organizations, particularly in the field of women's rights.

C. Principal subjects of concern and recommendations

4. The Committee regrets the lack of clarity about the question of the legal status of the Covenant in domestic law and the consequences thereof.

The State party should ensure that its legislation gives full effect to rights provided for under the Covenant and that remedies are available for the exercise of those rights.

5. The Committee, while it takes note of the composition and role of the Yemeni National Committee for Human Rights which is a Governmental commission, nevertheless notes the absence of a human rights commission that is independent of the authorities and the lack of any project in this connection.

The State party should consider the establishment of such an independent institution for the protection of human rights, in particular with a mandate to receive complaints, initiate enquiries and institute proceedings where appropriate, with total independence.

6. The Committee notes with concern the continued practice of female genital mutilation (arts. 3, 6 and 7 of the Covenant). It notes also with concern the persistence of domestic violence, despite legislation adopted by the State party (arts. 3 and 7 of the Covenant).

The State party must pursue its efforts to eradicate such practices. It should in particular ensure that proceedings are instituted against the perpetrators and promote a human rights culture within society, along with greater awareness of the rights of women, and especially the right to physical integrity. The State party must take more efficient measures to prevent domestic violence, to penalize it and provide assistance to the victims.

7. The Committee notes with concern the situation of discrimination against women in matters of personal status, more particularly in marriage and divorce as well as the rights and duties of spouses

The State party should review its legislation to ensure that, in all fields in the life of society, women enjoy complete equality with men, both in law and in fact, so as to comply with its obligations under the Covenant (arts. 3, 7, 8, 17 and 26 of the Covenant).

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 of nationality.

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 Covenant).

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.