Government responds to USAs Human Rights report (part IV) [Archives:2002/26/Reportage]

The report has also mentioned that There was some discrimination against persons with disabilities and against religious, racial and ethnic minorities. Responding to this point we confirm that it has been clarified above about the religious freedom. As for what is mentioned about discrimination against some segments of the society, it is a groundless allegation lacking of defining or evidence or event mentioning cases to be cited. The law candidly stipulates equality among all citizens. Holding different jobs is done according the conditions set up by the law for each job. Certain positions are allocated for the disabled. Six-hundred jobs have been lately allocated for the disabled for the year 2002. More detailed clarification will be in our response in the portion about the disabled.
The report also mentions that The government influences labor unions. Child labor was a problem.
The government stays aloof from directly or indirectly influencing labor unions that function within the legislation regulating this voluntary work, despite that some of these organizations have inflicted dam age on the country through some strikes and sits-in. Perhaps the author of the report is confusing between the governments influence through the political parties represented in it, which certainly entertain a considerable weight at these labor unions. This makes the governmental and labor unions policies in some aspects as similar to some does not necessarily reflect a government influence as much as a reflection of an influence a partisan and political character. And this is a familiar matter in democratic countries, including the United States. Some of these labor unions engage in intense partisan conflicts and the government in such cases adopt an attitude of a spectator. Yemen has in some periods of time witnessed feverish conflict and some kind of duality in some of these organizations and some of them have challenged legitimacy of each other, a matter that made courts as the final resort to solve these problems. We do not deem judiciary as a factor of influencing freedom of labor unions but the safe reference for the conflicting parties.
As for the point mentioned in the report concerning the child labor, relevant laws have been issued on the age permitting work and filing jobs and child labor is prohibited. Child labor is limitedly seen within family framework or working in agriculture or other sectors. This matter is also connected to the economic condition the Yemeni citizen is leading. It is difficult for the government to activate legal texts banning child labor under the economic condition that pushes some families to drive their children to labor market. We expect this phenomenon to shrink gradually with the increase in awareness of its dangers and improvement of the economic situation.
Thirdly: Refuting paragraphs of the report:
Section one: Respect for the integrity of the person, including freedom from:
a_ arbitrary or unlawful deprivation of life:
Under this point the report mentions that Members of the security forces killed a number of persons during the year. There were some reports during the year that security forces at checkpoints killed or injured persons whom they believed were engaging in criminal activity and resisting arrest. Before responding to this paragraph, a question is raised about the reason behind the literally repeating of this allegation in reports of the American Department of State, although basically it is illogical to report it because of its unidenticality to neither supposition nor to reality. Security organization undertakes protection of the persons life, liberties and properties, but in the report it is changed into a killer authority. It is regrettable that such an allegation be repeated in a manner void of even one citation. It seems that the side that prepared the report has forgotten that members of police or security are from the people and work for protection of them and their personal and general properties. During performance of this noble duty they are subject to laws and regulations worked out accurately in a way securing no excess in using the authorities granted to them. Yemeni legislator has not overlooked working out legal measures for applying deterrent punishment. This matter guarantees implementation of laws and regulations on part of security organizations. This part of allegations has been responded to under the General allegations portion.
The report mentions In January human rights Forum for a Civil Society reported that Mohammed al-Yafia, who was convicted in 1996 for his involvement in a series of bombings in Aden and who had complained of being tortured in 1997, had died under suspicious circumstances in al-Mansura Prison in Aden.
We clarify that it is groundless that the said person was subject to any torture and it has absolutely not being proved to being tortured. he had been convicted for committing a blasting incident and the judicial sentence of six-year imprisonment was issued against him on 12 April 1996. On 16 December 2001 he was transferred to hospital due to his suffering from pains in his chest of which he died later. The medical report stated that he was suffering from dyspnea which made a sudden heart attack cause his death. That was a natural death and his being in prison at that time does not mean that his death happened under suspicious circumstances, as the American report said or that he had undergone torture because torturing is prohibited legally. There is no reason for suspicion of his being tortured and his family was informed then to receive his corpse.
In the same paragraph of the report there was mentioned that In April a demonstrator was killed and another wounded when a soldier fired into a crowd protesting a zoning decision in the al-Dalah governorate. The soldier reportedly was arrested, but at years end there was no information about whether he was disciplined.
To make this p[point clear we say that while security men were doing their job with the office of the state real estates to stop a building built at random by a citizen, the transgressor citizen, along with others, started resisting the security men, aimed their weapons at them and that led to a clash and exchange of fire killing one of the resisting men. Legal measures had been taken against those who caused the incident from both sides and it was referred to prosecution. The case is still under judicial consideration. It is incorrect that the dead person was among other demonstrators because there was not a demonstration but rather a resistance operation by some men against security men trying to implement the law.
The report says In August 2000, Sabah Seif Salem reportedly died while being detained in a prison in the al-Udain district of Ibb governorate. Her family claimed that security officials tortured her to extract a confession of adultery.
This claim has been previously mentioned and it was responded to. Again we clarify that the woman died during labor as confirmed by the medical examiner, and this was included in the American report, section C .
The report mentions that On October 12, 2000, terrorists in a small bomb-laden boat attacked the USS Cole, a U.S. naval ship, as it refueled in Aden harbor. The explosion killed 17 sailors and wounded 39 others. The investigation into the attack was ongoing, and several suspects were in custody at years end.
The issue of the attack against the American destroyer was condemned by the Yemeni government, considering it a terrorist act. Investigation and search for the suspects measures had been taken and a number of persons suspected of being involved in the incident had been arrested and detained, and they are still under interrogation. Security apparatus is still following up measures of investigation and search for the escaped and suspects in the case.
— Disappearance
Under this heading the report mentions the following points:
– Members of the security forces continue to arrest and detain citizens for varying periods of time without charge or notification to their families. Many detainees are associated with YSP or other opposition parties and are accused of being secessionists. Such detentions are temporary, detainees typically are released within weeks or, at most, months. Those who are not released eventually are charged.
Such claims are criticized of being characterized by generalization and not specified. It seems that such information is obtained from unreliable sources that intend to purposefully do wrong to Yemen without any justification. All the above allegations are quite groundless. Measures of arrest and detention are implemented according to legal controls not able to be violated. Any violations of such controls, those, upon whom such violations are done, have the right to bring lawsuit to judiciary that in turn would conduct investigation and issue the just punishment against those violating legal texts. Author of the report is fully aware that collecting evidence in Yemen or the United States would take time so that the general prosecution be able to make an accusation to or release the suspect. Detention is a precautionary measure carried out or ordered by judiciary only.
As for the issue of coercive and involuntary disappearance, there are two sides for it:
1: Those missing in 1986 events:
It has been agreed with the UNHRC to deal with their situations. This question is deemed as over after the Yemeni government has fulfilled all its pledges in this regard.
2: Those claimed to be missing during and after 1994 events:
The government had already stated it outright stand by totally refusing this claim, for it has been proved that those claimed to be disappeared, are alive living in some countries. They want to use this allegation for purely political reasons. Voluntary appearance of many of those claimed to be disappeared during the war of 1994 and after them has proved falsity of any allegation in this respect.
The report mentions that In 2000 a Norwegian diplomat on vacation was killed near Sanaa during an exchange of fire between checkpoint police and his abductors.
During the investigation into the killing incident, abductors identities have been detected and measures are ongoing to chase and arrest them to bring them to justice.
 

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