Societies Draft Law: Unconstitutional [Archives:2000/48/Reportage]

The law draft of societies and non-governmental institutions, nowadays discussed by the parliament, includes many articles that do not agree with the constitution and agreements Yemen signed with many organizations concerned with civil society, said participants in the workshop organized by the Information Center at the Studies and Researches Center last Wednesday.
Yemen has signed a number of agreements stressing its commitment to support institutions of the civil society one of which was on the outcomes of the Emerging Democracies Forum in 1999.
There are more than 3000 licensed societies and civil organizations in Yemen according to official statistics. Many of these organizations have failed to achieve the goals they have set.
The draft renders organizations, societies and the support they get from donors to the control and supervision of the Ministry of Insurance and Social Affairs. Legal Advisor of the Womens National Committee, Dr. Salahaddin Haddash pointed out the discrepancy of some articles in the draft. While article (3) stresses respect for and support of such organizations, other articles include aggressive punitive that clearly violates the constitution, he said. He criticized complicated procedures for Arab communities interested in establishing societies in Yemen. Article 81 stipulates that for citizens of Arab Communities they must present an official order through their embassies or diplomatic missions to the Ministry of Foreign Affairs and then to the Ministry of Insurance and Social Affairs.
Describing most of its articles as contradictory, Dr. Mohammed Al-mikhlafi, professor of international law at the Sanaa University stressed the need to form an ad hoc committee to further study the draft.
Miss. Rajaa Al-Masabi highlighted the confusion created by nomenclature. The draft indicates the Ministry of Insurance as controller and supervisor of those organization while many of them are licensed and controlled by the Ministry of Culture and Tourism, she said.
In January 1998 six opposition parties including the Islah singed an agreement on a number of principles organizing work of syndicates and organizations and stressing respect for peoples rights to run societies and organizations. They also stressed defending their freedom and independence.
The new draft includes 90 articles classified in 8 chapters. It has been presented by the Labor Force Committee at the parliament for discussions. After discussions 50 articles were amended and other 42 articles were added. At the end of its report the committee said that the government agreed on it.
All indications show that the new draft law will be passed by the parliament. Despite the current dispute as at the end it was endorsed by the majority.

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