05 - January 29th thru February 4th
2001, Vol XI

Human
and Political Rights in Yemen:
A SEMINAR
Imad Al-Saqqaf
Taiz Bureau Chief
Yemen Times
The
Women's Forum for Research and Training held a seminar on Human and Political
Rights in Taiz last Wednesday January 24, 2001. In her opening statement,
the Chairman of the forum, Ms. Suad Al-Qadasi explained the forum's role
in spreading awareness about human and political rights in general, with
particular emphasis on the rights of women in political and social life.
In her speech, she stated that the main objective of the forum was to spread
awareness about the rights of women to freely express themselves and to
explain their problems and sufferings so as to encourage civil society
and the media to suggest and discuss solutions to violent incidents which
target Yemeni women. The forum, according to Ms. Qadasi, aims at developing
mechanisms to coordinate different women's organizations and come up with
common ground. The forum hopes to reach its goals through the various activities
it carries out, and by presenting studies and research about the condition
of women in Yemen.
Later on, Dr. Salaheddin Haddash presented a working paper on human
and political rights -mainly concerning elections- in Yemen. He mentioned
the constitutional articles that grant Yemenis the right to vote in all
elections and further stated that internationally approved standards of
human and electoral rights are met in the constitution. According to Dr.
Haddash, the main obstacle facing the election process in Yemen is illiteracy,
as many violations take place through interfering in illiterate electors'
votes during the election process. This in itself is an obvious human rights
violation that should be stopped. Dr. Haddash concluded his statement by
presenting steps that could help avoid future problems in the election
process:
- Forming an independent and honest Judicial
Court to deal with election violations and end any disputes over voting
problems
- Providing equal coverage by government-run
media organs during and before the election period for the parties participating
in the elections.
- Not using governmental resources, including
funds and other assets, in favor of the ruling party over all the other
competing parties.
- Supervising and correcting candidate
and electoral lists on a regular basis.
- Encouraging women to participate in the
electoral process.
- Preventing and avoiding the use of violence
during the elections.
Afterwards, female lawyer Nabile Al-Mufti presented a working paper
about human rights and the political right of forming parties and groups
in Yemen. In her paper, she stated that the Yemeni law that organizes political
parties and movements, grants Yemenis the right to form political parties
and groups on condition that they do not contradict Islamic values, Yemen's
unity and independence, the republican system, the revolution and constitution's
objectives, the national and Islamic values of Yemenis and the universal
declaration of human rights. She also mentioned other conditions for forming
a political party, including not setting up any sort of military structure,
plus other conditions. She also mentioned that the law gave the judicial
system the exclusive right to stop or suspend any political party. Hence,
it would be impossible for any authority or governmental office to order
the closure or suspension of any party without a decisive verdict from
a court, which must first have received a written request from the Head
of the Party Affairs Committee.
Ms. Nabile concluded her statement by mentioning the obstacles facing
political and civil freedom in Yemen, and the NGO law recently endorsed
by parliament.
Dr. Abbas Al-Junaid also presented a working paper on human rights and
freedom of expression in Yemen. In his paper, he emphasized that freedom
of expression is a human right which does not distinguish between male
and female. He also stated that freedom of expression in Yemen is guaranteed
in the written press and can be easily observed in the various newspapers
that represent different parties and viewpoints, and could also be observed
in the different political parties and groups which all operate without
government interference.
The Chairman of the Yemeni Civil Forum, Lawyer Jamal Al-Adimi's working
paper focused on human rights and peaceful forums in Yemen. He explained
that Yemeni laws and the constitution respect and organize peaceful civil
movements in Yemen. He also stated that parliamentary and local elections
are the two practical developments that would show to what extent did Yemen
reach in terms of internationally accepted standards in human and political
rights.
After all the working papers were presented, a discussion session was
held, in which many intellectuals and professors from Taiz University debated
the reasons behind the low participation of Yemeni women in elections,
and their absence from political life. The seminar concluded that there
should be more intensive efforts to spread awareness among the female population
of the important role women should play in future elections.
Among the participants in the seminar were Yusuf Abu Ras, Manager of
the UN Information Center in Yemen, Suzan Darlin of Helsinki University
, Finland, Abdulamalik Al-Marhabi, Representative of the Friedrick Stiftung
office in Yemen, and Faiza Abdulraqib, Deputy Manager of the Arab Institute
for Developing Democracy in Aden.
Other
parties' stands concerning local elections and constitutional amendments
League of Yemen Sons (Rai) to
Say "NO"
The Nasserite Democratic Party
to Say "YES"
Dr.
Ahmad Abdullah Al-Sheikh
Head of the Main Office of the League of Yemen Sons League Party
"Local government is an important pillar of any democracy. No developing
country can improve unless every one of its citizen contributes to the
improvement of democracy.
Striving for local government is a public demand that should come hand
in hand with democracy. Those who treat it as something beyond reality
tend to ignore the great sacrifices of national pioneers and movement leaders
throughout history.
Local councils are not a totally new experience for Yemen. Before unification,
there used to be cooperative authorities with reasonable self-governance
in former north Yemen. Without doubt, the upcoming local councils are much
more democratic and independent. However, there was an attempt by the government
to merge these authorities with local councils in 1985 and this shows that
local councils have always been on the mind of the leadership.
In the former south Yemen, we used to have local public councils which
were, despite people's participation, controlled and directed by the government.
In 1956, the League of Yemen Sons Party was able to establish a unique
example of local governance in the Lahj Sultanate. It established a constitution
that guaranteed the rights of all citizens and abolished anarchy by conducting
elections. An independent judicial system and court were also established.
This experience did not appeal to the British colonial rulers who realized
the danger represented by the spread of this phenomenon to other Sultanates.
So they invaded Lahj in 1985 and arrested the leaders of the League Party.
The League of Yemen Sons bases its position on its political ideology
and its realization of local, regional and global changes. Our party was
the first to call for the adoption of decentralization in the country,
and presented a complete draft law for local elections. The government
of the unified Yemen responded by issuing the Local Authority Law which
has many drawbacks and contradicted some the constitution's core articles.
So the government has called for modifications to the constitution to suit
their new law, instead of the other way around.
The stand of our party in regard to the local council elections is
clear and decisive. Our party:
1) will not boycott the local elections.
2) will not make any decisions in regard to the nomination of
candidates.
3) has the full freedom to react to any political maneuver according
to the general concepts and norms of the party.
4) encourages the nomination of honest independent candidates.
We have decided to participate in the elections to strengthen democratic
practice in our beloved country. But we also know that guaranteeing fair
and serious elections is a prerequisite for the success of the whole process,
and save it from becoming no more than an artificial decoration. Therefore,
the League of Yemen Sons believes that the commitment of the Supreme Election
Committee to have a fair and accurate election process during all the different
stages of the elections is vital for the success of this democratic process.
We, as the League of Yemen Sons Party, openly expressed our opinion and
clarified our vision to the Conference on Electoral Development Administration
in March 1999, in which we affirmed the importance of the participation
of all parties, under the conditions of fairness and equal opportunities.
As for the constitutional amendments, we openly reject them and call
upon the public to say "NO" to them. We believe that even the constitutional
amendments that were applied after the 1994 civil war are not adequate
and only served the victorious side, at that time the PGC and Islah. Moreover,
the constitution amendments cause more confusion and includes more drawbacks,
including:
1) Vagueness in describing how peaceful transfer of power should
be carried out.
2) Lack of steps as to how to deal with the election of the
vice president once the president is elected.
3)Constraint of democracy by requesting a 10% approval from
the parliament before nominating presidential candidates.
4) Ambiguity in articles concerning the economy, and lack of
guarantees of capitals and investment.
5) Judiciary and local authorities both controlled by excessive
authority.
6) Founds a Shoura Council with no more than artificial authority.
7) Local councils have no right to elect their chairmen.
Despite all the negative aspects of the local authority law and constitutional
amendments, we still insist on not boycotting the upcoming local council
elections. We believe that total acceptance and total rejection are a fashion
of the past, which should not be adopted any more. We need to go forward
and express our views openly, and hope for a good result in the coming
elections."
Abdo
Mohammed al-Janadi,
Nasserite Democratic Party Secretary General
"In order to start our debate about the importance of local council
elections, we first need to go back to the local authority law so as to
understand the authorities involved and their duties. The law has in some
sense presented a wide range of guidelines and given reasonable authority
to the newly established councils if compared to the previously established
local councils, except for the nomination of the governors and districts
directors. This means that if and only if voters cast their votes for those
who truly deserve to be elected, will our democratic practice be pushed
forward. I believe that success in enforcing laws will be one of the main
priorities and responsibilities of local councils.
"I support the view that it is better to be optimistic than pessimistic
because I feel that local councils will emerge to serve the public, and
then political reforms may follow, leading to the enforcement of state
laws. This is of great significance, especially when remembering that many
violations in administrative, financial and security sectors are attributed
to the fact that effective laws are not enforced.
"It seems to me that the biggest difference between the current
councils and the previous councils is that the current ones are being set
up in a reasonably real democratic environment. It is worth noting that
authority is to be granted to local councils in many fields including social
development, service and administration, financial development, planning,
education, health, security, plus others. All these will positively affect
the lives of the Yemeni people. If these councils work properly, there
will certainly be remarkable benefit for the public and an increase in
the standards of living. Members of these councils will also be protected
by law so as they can never be harmed by officials usually appointed by
some corrupt governors. The constitution gives these members the right
to have a say in the councils and a simple vote could easily cause loss
of confidence in these officials and consequently lead to their removal
from their position. This will certainly make the government select qualified
officials in these councils and local council members themselves may be
removed if proven passive or not productive for their respective regions.
It could be true that affiliating the local councils to the Ministry
of Local Government would decreases the possibilities of success, especially
as we are at the initial stages when more authority and independence are
vital for the success of the forthcoming local councils. On the other hand,
if local councils are abiding by the law and making use of the authority
they are given so as to serve their communities and people, then there
would be little effect from the government's supervision and interference.
All in all, what is important in this democratic practice we are going
through, is that the public's opinion be heard. What is also important
is the participation of different parties in a hopefully reasonably fair
electoral process.
As for the campaign launched by other parties against the constitutional
amendments, we do respect it but we do not agree with it. We have the view
that these amendments do not constitute a setback to our democracy. Rather
they are necessary steps needed due to social and economic changes taking
place world-wide. Some of them are actually measures to enhance our democratic
transition and help expand the basis of participation. Besides, these amendments
are not the first of their kind. This is the second time that such amendments
have been suggested. The actual public referendum on amendments, electing
the president and defining his term in office by two rounds, and electing
local councils, are all the fruits of the first amendments which in my
view were a way to enhance democracy.
In short, the current amendments are not a setback from the democratic
transition, just as the constitutional reforms are not a setback. We are
also against the belief that the SEC is taking sides with the PGC because
there are many members formally representing different political parties
in the SEC. These members were from many different parties including PGC,
Islah and the YSP. They were also chosen by the members of Parliament.
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