Response to US Report VIII [Archives:2002/30/Reportage]

The report says Jamal Ahmed Amer was detained and held incommunicado for six days for writing an article critical of Yemeni-Saudi relations. Editor Abdulaziz Sultan was called in for questioning.
– We clarify that the journalist ( Jamal Ahmed Amer) wrote an article in which he criticized the Kingdom of Saudi Arabia rulers without depending on documents, a matter condemned by the law and deemed an offense against others. Such irresponsible behaviour has been clarified directly in the previous paragraph and there is no necessity for repeating it. It is worthwhile to mention that this journalist was not detained for more than two days for legally interrogation, and his case was then referred to judiciary.
In another part the report mentions that In May 2000, Hisham Ba Sharahil, the editor of al-Ayyam, was charged with insulting the use of force and terrorism and publishing false information for publishing an interview with Islamist militant Abu Hamza al- Masri. He also was charged with insulting public institutions for publishing an article critical of the Director of Aden Security.
– Clarification of this point needs to be dealt with from two aspects. First of all there is a misunderstanding as one subject has been tackled as two different topics. It is in fact one subject because the reason for charging Ba Sharahil was that he had published the offense as stated by Abu al-Hamza who had through that assailed Adens security with publish insulting without depending on facts and realities. That had forced the security administration to file a lawsuit against he newspaper that is responsible for publishing such allegations.
One the other hand the one called Abu al-Hamza was among those who intentionally acted aggressively against security and safety of Yemen, whether by planning or perpetrating some acts of sabotage or crimes, or through material assistance or instigating sedition and call for carrying out terrorist acts and destabilizing security of the public. He did not stop at that but had publicly, and on many occasions, called for killing all foreigners in the Arab countries under pretext of their being as infidels, using the press in this regard. This makes all those cooperating or facilitating and serving his hostile criminal schemes accountable by law.
The report mentions that In August 2000, Saif al-Hadhiri, the editor in chief of al-Shumu newspaper, was convicted of libel in connection with series of articles reporting high-level corruption in the ministries of electricity, agriculture, education and finance.
– Judiciary has undertaken considering the case filed by the minister of education and his deputy, and the ministries of electricity, agriculture and finance have nothing to do with it. Judiciary issued a sentence that has been appealed and that is very normal question. He who had committed a mistake and affronted others without bringing evidence should not expect to get away with that without accountability for his irresponsible conduct. As for the journalist being exposed to kidnap, it is purely groundless.
The report mentions that In May the PSO detained journalist Hassan al-Zaidi and held him incommunicado for 16 days in the detention centre under PSO headquarters in Sanaa as he belongs to al-Zaidi tribe in Mareb, which has been responsible for kidnapping of foreigners and other destabilising activity.

– To make it clear we say that al-Zaidi was conniving with his tribe in kidnappings of foreigners. He had been carrying out dubious activities supporting his tribe in that direction. The other allegations are merely groundless claims.

The report also mentions that In February 1999, the ministry of information closed al-Shoura newspaper affiliate of Islamist opposition party Union of Popular Forces as well as a new competing version of the same newspaper.
– This point has been mentioned in former reports but the same allegation has been repeated several times as if the one who prepared the report refuses to be convinced with the previous responses. Substance of the those responses is that it was a surprise for information bodies that two newspapers are issued with the same name and sharing the same trend. That had caused a state of confusion. No doubt, one of them was the permitted one and legally issued, as for the other it had impersonated a newspaper still being published. The two newspapers complained against the other. Each had denied legitimacy of the other and judiciary decided to close both of the newspapers till the truth was revealed. Finally a legal decision was issued and decided the dispute.
The report says In August 1999, journalist and lawyer Nabil al-Amoudi was brought before the Abyan preliminary court for writing an article critical of the government and the human rights situation in the country. The case remained pending at years end.
– Mr Nabil al-Amoudi is not a journalist but a lawyer and he was not brought before court for any case pertaining to writing an article. This claim is untrue lock, stock and barrel.
– The report mentions that In 1999, several independent and opposition party journalists formed a rival union, the committee for the defence of journalists.
– We confirm that this committee was never formed on the ground but rather there were altercations in the press between the journalists and Yemeni journalists union and a few number of journalists against the union. Things had been settled and no committee rival to the union was formed afterwards.
The report has also said that Customs officials confiscate foreign publications regarded as pornographic or objectionable because of religious or political contents.
– As for foreign publications of political or religious content they none of them has been confiscated under any justification whatsoever. The report has not brought forward certain incidents to prove credibility of this assumption. Pornographic publications are legally banned. Judiciary is the authority that instructs confiscation and banning. Other bodies are merely vehicles for carrying out judiciary orders.
The report says In April 2001 PSO officials in Taiz detained Faysal Said Fraraa, the director of a private cultural centre, for a day of questioning following his alleged receipt of banned books dealing with the opposition.
– This is a groundless allegation and the PSO had not carried out any kind of detention of the said person on the mentioned charge.
The report says In 2000, the owner of a Sanaa bookstore was arrested by the PSO for selling banned copies of an edition of the London-based Arabic magazine al-Magalah, which featured a cover story on President Salehs son Ahmed, the commander of the Republican Guard.

– We would like to make it clear that the PSO had not carried out any action of this kind. This statement is untrue and further, no edition of the said magazine was banned.

— Freedom of peaceful assembly and association
Under this point the report mentions that The constitution provides for freedom of peaceful assembly; however, the government limited this right in practice. The government requires a permit for demonstrations, but it issues them routinely.
– This phrase has been literally repeated in previous reports. We do repeat that the constitution does not limit organisation of peaceful assemblies. Organizing the holding of peaceful assemblies is not considered a limitation of practicing this right, which the constitution guarantees for the Yemeni citizen. This proves seriousness of he government in activating the role of these assemblies and it is a clear evidence that the government is interested in role of such assemblies in development in all fields. The report contradicts general allegations in the same paragraph, specifically on page 27 in that the government held 19 opposition activists is a groundless allegation, as in a previous reply. The question of giving permits for demonstrations is no more than routinely measures aimed at organizing traffic or diverting traffic to other streets, or for intensifying security measures to ensure safety and property of the citizens in case riot acts erupted during the demonstrations.

— Freedom of Religion
Under this point the report mentions Official government policy does not prohibit or prescribe punishment for the possession of non-Islamic religious literature. However, there are unconfirmed reports that foreigners, on occasion, have been harassed by police for possessing such literature.
– These allegations have been mentioned in the general form and unconfirmed statements and do not depend on certain incidents.

— Freedom of movement within the country, foreign travel, emigration and repatriation

Under this paragraph the report mentions The government places some limits on freedom of movement. In general the government does not obstruct domestic travel.

– Refutation of this phrase is stated in the report itself and in the same line. We wonder what wisdom is behind this contradiction ? For after a general allegation, without being supported by a proof or probability, is mentioned, the report refutes its allegation. It would be better for compiler of the report to avoid falling in such apparent failure by omitting the paragraph (d), for it is irrelevant to reality. This has been made clear in the course of respnding to General Allegations. Regarding the refugees, there is no connection between them and title of this paragraph, therefore the title should be reconsidered under which the subject of refugees is listed. Yemens record in relation to refugees is well-known and its humanitarian stands towards refugee is a tangible fact felt up till our present days.
The report has also mentioned that The law does not include provisions for granting refugee or asylee status in accordance with the provisions of the 1951 U.N. convention Relating to the Status of Refugee and its 1967 protocol.
– This statement is not true because the article No. 46 of the Yemeni constitution stipulates that repatriation of political asylees is prohibited, and that means that the right of political asylum in the Yemeni republic is guaranteed according to the constitution and in adoption of the U.N. convention related to refugees conditions for the year 1951 which our country had endorsed on 18 January 1980. A proof of that is that Yemen had an is still receiving many refugees coming from Somalia, Eritrea and Ethiopia. The report in question has referred to that.

To be continued next week
Section (3) Respect for Political Rights: The right of Citizens to Change Their Government
Under this section the report says The constitution provides citizens with the right to change their government; however, there are significant limitations in practice. The government by law is accountable to the parliament; however, the parliament is not yet an effective counterweight to executive authority. Decisionmaking and real political power still rest in the hands of the executive branch, particularly the president.
– It has been previously replied on these two points in the course of the response to General Allegations and can be referred to.
The report mentions In some governorates, tribal leaders exercise considerable discretion in the interpretation and enforcement of the law. Central government authority in these areas often is weak.
– This is an allegation very far from logic and reality because interpretation and enforcement of law is entrusted with organisations defined by the constitution. It is not inconsistent that some individuals, at times, solve their problems outside courts in the limits permitted in valid laws an legislation of the republic and would not violate the general order and public manners. What is said about the government authority being weak in some areas is not true and has a clear confusion.
Another remark in the report says The YSP claims that the government has yet to return the assets that it seized from the party during the 1994 civil war.
– In the first place it must be clear that the phrase civil war is incorrect, as was previously clarified. Regarding the claim by the YSP demanding the return of its assets, it is an inaccurate statement. It is known by all that most of what was in possession of the party were private and public properties and the situation was rectified in 1994. The was then given special facilities to the public properties while the remainder part was returned to the actual owners and the state.
The report mentions Many Akhdam are not permitted to participate in the political process, mainly due to their inability to obtain citizenship.
– Response to this allegation also had been repeated in all previous reports. Those the report called Akhdam are Yemeni citizens enjoying the Yemeni citizenship and all rights and freedoms. They have the right to vote and candidacy according to texts of the constitution in articles ( 41,42, 25,24). They have actually voted in all elections and played a significant role in giving preponderance to some candidates on others. We wonder where from the report has derived this piece of mistaken information that the Akhdam do not have the Yemeni citizenship.

Section 4
Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Under this point, the report mentions that The Supreme National Committee for Human Rights (SNCHR), which was formed in 1997 and reported to the deputy prime minister who is also minister of foreign affairs, was dissolved in June, reconstituted, and then placed under the authority of the new minister of state for human rights.
– The SNCHR, formed in 1997, was not dissolved but rather reconstituted pursuant to the republican decree No. 89 for 2001 under chairmanship of the prime minister, his deputy head of the presidency office and the state minister for human rights assumes the general secretariat of the committee. The SNCHR is composed of foreign minister, interior minister, justice minister, information minister, legal affairs minister, social affairs and labour minister, the attorney general and head of the central apparatus for political security as members.
Section 5 Discrimination based on race, sex, religion, disability, language, or social status
Under this paragraph the report mentions Rape is prohibited by law; however, it is a widespread problem.
– The saying that rape is a widespread problem is a statement having no evidence. They are rare incidents in a society whose population amounts to around (17, 071, 000) people. Those who commit rape crime are tried according to the law that prohibits that .
The report says The issue of violence against women became a topic of heated public debate in 2000 following the murder of two female students at Sanaa universitys medical school and extensive press reports documenting the authorities dismissive treatment of female students concerns and inadequate attention to their security.
– The Yemeni society has not witnessed a crime such as that which happened at the medical school whose victims were two female students. When clues of the crime were discovered the competent authorities conducted measures of investigation and referred it to the prosecution that in turn filed the case to court. Following a public trial a just verdict was issued in the case. It is worth mentioning that Yemeni governmental or private press paid extensive and considerable interest in publishing details of the case and the trial. That interaction by official and party sides revealed the extent of concern in this case that is very new for our Yemeni society.
he report mentions that Women face significant restrictions on their role in society. The law, social system and Sharia, as interpreted in the country, discriminate against women.
– The law and constitution have not discriminated against women and abolished all disparities between man and woman. Article 41 of the constitution stipulated that all citizens are equal in rights and public duties and article 31 says women are full sisters of men. The report mentioned the phrase in a general way and did not specify the sort of restrictions on their role in society. This allegation had been previously responded to in the course of reply to general allegations.
The report has mentioned There are a number of recently formed NGOs working for womens advancement, including the social Association for Productive Families…
– It should be clear that in addition the mentioned in the above paragraph, the state supports and encourage spread of woman training centers, especially with poor families. At present there is the national program for productive families formed in 1990 for training women and teach them technical skills in order to get job opportunities to overcome the difficult living conditions. At present there are 57 training centers for women in all governorates and the plan is to build more such centers.

Children
The report mentions that The government does not provide free medical care for children.

– This is not true. The ministry of health organizes national campaigns for free immunization and vaccination against diseases, all Yemeni children in all governorates benefit from them. In addition, there are awareness campaigns conducted by the health ministry every now and then using various mass media. There are also maternity and child care centers in residential quarters as an experiment for opening centers for comprehensive social services. These centers offer services on reproductive health , in addition to free clinics for maternity and child care services. The centres also offer free legal consultations to women about their rights to social welfare. Such centres are at present working in Sanaa and Aden as a first step to establish them in all governorates of the republic. During the past two years, the government has founded a centre for offering care to street children> In cooperation with one of the non-governmental oganisations, work is under way on a new project for street children care to be implemented in 2002. This project is in cooperation wit the Arab Center for Childhood and Development. There are also under construction, six houses for orphans care in the governorates of Amran, Mahwit, Dhamar, Aden and the capital, funded by the Social Fund for Development and they are expected to be finished in 2002. A house for misdemeanant girls has been equipped and operated in Sanaa. Beside that there are six houses for juveniles care existing in a number of governorates.
The report says Child abuse is not prohibited by law, and it was a problem.
– This claim is far from reality and logic because in case there is no text in the law in this regard, the Islamic Sharia is the reference and the text. Sharia prohibits causing damage or inflict abuse on human, whether young or adult. The government has recently approved a draft law on child rights prepared in dependence on the international agreement on child rights and international convention on child rights. The law contains many commitments and responsibilities, entrusted with various state departments, towards caring for child in health, educational and social fields in addition to providing for his needs of food. The law gives equality to both male and female children and prepares a suitable ground for more attention and care for childhood and for surmounting the existing difficulties. The project is now before the parliament to be endorsed soon.

Persons with Disabilities
Under this point the report mentions Persons with mental and physical disabilities face distinct social prejudices, as well as discrimination in education and employment.
– This point has been previously clarified in the course of the reply on the General Allegations but we add the following clarification: under encouragement and support of the state, a union for the disabled has been recently founded. The state has encouraged the establishment of many handicapped societies and put them on the list of support. Presently there are tens centres for the disabled and the blind. The state, in cooperation with the Social Fund for Development, is implementing two centres in Abyan and Seyoun. And also in cooperation with the Public Works project, the state is building four centres for the handicapped in the governorates of Hudeida, Taiz and al-Ghadha. For the first time the government started in 2002 the establishment of two, out of ten, centres for the deaf and mute in compliance with directives of the president of the republic. There are beside that a number of technical support projects aimed at rehabilitation and vocational training of the handicapped and also social rehabilitation in cooperation with a number of international organisations.

National/ Racial/ Ethnic Minorities
Under this point the report mentions that During March persons were reported killed and 11 wounded in tribal disputes between the al-Usaimant and Wadeah tribes in Amran governorate.
– This issue was because of a tribal dispute between the two sides who were controlled and the case is now under study before the local authority in the governorate.
Also under the same paragraph the report mentions In May five persons were killed in a drive-by shooting in Sanaa. Witnesses said that the incident involved the Abu-Nashtun and al-Faqih tribes and was related to an incident between the two tribes that had occurred 10 years previously.
– The issue is a tribal dispute between the two tribes and necessary measures were taken to control the two parties and referring the case to competent judicial authorities.
The report also says In October 6 tribesmen were killed and 16 injured during two days of tribal violence stemming from a land dispute in Hajja governorate.
– The incident took place in the district of Kashr between Bani al-Dammi and Bani al-Zaakery. A campaign of 6 armed forces units was dispatched in a bid to solve the dispute and cease-fire could be reached between the two sides and the case was referred to the prosecution . The case is still under consideration by the prosecution.
The report has also mentioned that In May, the ongoing feud between the Marib-based al-Zaidi tribe and the Sanaa-based Sanhan tribe, a child was killed and two adults injured in Marib when security forces were despatched to rescue five kidnapped Sanhani children.
– All necessary measures had been taken to seize the kidnappers and hand them over to competent authorities after rescuing the kidnapped safely without causing any incidents of killing or injury.

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