Civil Society and Democratization in the Arab World. Annual Report. 2004
Published July 2005
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Yemen 

Capital : Sanaa

Date of Independence : While the North of Yemen was never occupied, the South was under British occupation until 1967. The union of the North and South was declared in 22/5/1990

Area : 527970 Km

Population (in millions) : 20.7 (est. 2005)

Rate of Population Increase : 3.45% (est.2005)

Ethnic Groups : The great majority are Arabs & some Africans

Religious Groups : 99% Muslims (Sunna & Shi’a), few Christiansand Jews

Illiteracy : 50%

No. of Provinces : 20 governorates

Polity : Republic

Head of State : Ali Abdallah Saleh

No. of Political Parties : 40

GDP (in millions)ppp : $16,250 (2004)

GDP per Capita_ppp : $800

Overview

Yemen is one of the oldest centers of civilization in the Middle East. The coastal plain of Southern Yemen came under British control in the mid nineteenth century, and when British forces left in 1967, the area succumbed to Marxist rebels. In 1990 the Southern regions of Yemen was unified with the much larger Northern Yemen under the northern President Ali Abdullah Saleh. An attempt at secession and the re-establishment of an independent South Yemen three years later was militarily crushed.

Yemen today faces a host of internal and external problems which impede its democratic transition. Predominant among these is the prevalence of political violence, the existence of several radical Islamic groups, and the power of numerous tribal chieftains who have almost autonomous control over their respective territoriesa situation that hinders the process of state building and the full control of the central government over the territory of the entire country. This condition has gained the Yemen the reputation of being a safe haven for terrorists, until the government after 9/11 took drastic measures to combat terrorism in cooperation with the United States.

Political Rights and Civil Liberties

1. The Executive, Political Parties and Elections. Real political power resides in the hands of the executive, particularly the President. The Constitution stipulates that Islam is the source of all laws, and calls on the Parliament to initiate legislation, but so far it is the executive that has proposed all bills. Parliament, however, has debated the draft legislation submitted by the government, and although the ruling party has a clear majority, it has sometimes radically revised and even blocked some bills. The government has also routinely consulted with senior members of Parliament when drafting important legislation. Ministers were frequently called to answer questions and justify actions; and members were often sharply critical in these sessions. Amendments to the Constitution abolished the President’s power to issue decrees while Parliament was in recess.

The Shura (Consultative) Council, which was merely an advisory body, was also expanded from 59 to 111 members and given some legislative powers. The last national elections that took place on 28/4/2003 were fair and free. Voter turnout was 68% and 821 candidates, including 37 women, competed for the 301 parliamentary seats. Most of the candidates belonged to Yemen’s four major parties, though a few ran also as independents. The elections were monitored by an independent electoral commission, and though fair, were however marred by considerable violence. The ruling General People’s Congress (GPC) party of President Ali Saleh won 225 seats (78%), the (Islamic) Yemen Reform Party (Islah) 50 won seats (17%), the Yemen Socialist party won 7 seats, and each of the Nasserist and Baath parties won two seats; the rest went to independents. The parliamentary elections were deemed free and fair by both domestic and international monitors. However, the election campaign was deeply biased since the State devoted its resources to support candidates of the ruling party. The last presidential election took place in 1999. It was, however, uncompetitive since the main opposition candidate failed to obtain the endorsement of 10% of the parliament as required by law. Municipal elections were last held on September 11, 2001, amidst allegations of widespread vote rigging and a scale of violence that left 40 dead and 100 injured. Provincial governors who wield effective local power are appointed by the President.

2. The Judiciary, Trials, and Detention. The judiciary is not independent. Judges are appointed by the executive branch and have sometimes been subject to removal or reassignment for having handed down rulings against the government. Poor training and corruption have further undermined the independence of the judiciary. Moreover, the executive has often been lax and reluctant to carry out sentences. Judicial reforms funded by external donors to combat the above ailments have been instituted since 1999. In some governorates the tribal leaders exercise powers beyond the control of the central government. Consequently, local tribal leaders often continue to settle disputes and even criminal cases in their own tribal courts in the territory under their command. Although the Yemeni constitution provides due process safeguards, and prohibits extra judicial courts, yet in recent years trials of alleged terrorists were undertaken by military tribunals, and Amnesty International reported in July 2002 that arbitrary arrests were frequent and thousands were being held incommunicado for long detention periods. There is also credible evidence that abuse and torture were often used to extract confessions. But July 2004 witnessed, for the first time, the trial of two police officers accused of torture.

3. Civil Society and the Freedom of Association. Despite occasional complaints, freedom of association is generally respected. However, all associations are prohibited from any political activities. There are currently 4105 licensed NGOs, including a few concerned with human rights and the rights of women. Professional syndicates and workers’ unions are free to operate, but the government usually manages to place some of its men in influential positions with these associations. The Yemeni Confederation of Labor Unions is the sole labor federation. The right to strike is not totally banned but limited to obtaining prior permission from the Federation. Freedom of assembly is guaranteed by the Constitution but limited in practice. Some demonstrations were disrupted by the police, alleging that it was to prevent them from degenerating into violence.

4. Freedom of Speech and the Media. Freedom of expression is limited. The broadcast media is government owned and presents only the official view. The press, and other private publications, however, give voice to diverse views. But journalists and writers may be harassed, detained and imprisoned even up to five years on such vague offenses as “humiliation of the state,” the publication of “false information that threatens public order or the public interest,” or the use of language that “disparages religion.” Consequently, journalists tend to exercise a high degree of self-censorship, particularly with regard to foreign policy or governmental corruption. At least three publications were closed in 2002 and some twenty journalists were reportedly arrested or summoned for questioning after writing articles that were considered offensive, and in several cases offenders received prison sentences, others suffered extended pretrial detention. In December 2004 the editor and five journalists of the daily paper Al-Esboa were sentenced to three and five months respectively for addressing “moral issues harmful to society.” On 10/11/2002 an association concerned with the rights of journalists and freedom of the press was founded in Yemen and the Arab Gulf countries. In February 2004 several owners of video-tape shops were arrested for selling tapes carrying songs that criticized economic conditions in Yemen. Permits are required for public gatherings but these are routinely granted.

5. Freedom of Religion. Islam is the State religion. Sunni Muslims constitute 70% of the population while 30% are Shiites. Non-Muslims may worship freely but they may not proselytize or construct new places of worship without permit. Yemeni Jews, who are estimated to be around 500, face restrictions regarding places of residence and discrimination in employment. An estimated 200,000 Yemenis of African descent (akhdam) are severely discriminated against.

   
    

6. Women and the Marginalized. Women enjoy equal political rights. However, cultural norms and religious customs discourage women’s political participation. There was one woman in the 301-seat Parliament, one woman in the cabinet, and 35 women were elected to local councils in 2001. More than 40% of the electorate were women. However, no woman was nominated as a candidate on any of the electoral lists of any party, and only one woman, out of 37 who ran as independents, won a seat in the 2003 national elections. There are presently some 50 associations concerned with the welfare of women and the family. Women face substantial legal and cultural discrimination (as a result of Shari’a law). So–called “honor” crimes, in which women are killed by male relatives for alleged sexual deviance, receive lenient penalties. The Islamic law also discriminates against women in matters of divorce and inheritance, and prohibits married women from leaving home without prior permission from their husbands. Women represent about 23% of the workforce, but they are largely engaged in low level activities such as in agriculture and fisheries. To empower women, President Saleh has aggressively recruited women into most areas of government, and in 2001 appointed the country’s first female minister. In 1998, the prime minister directed that in every ministry there should be at least one woman at the level of director-general.

II. Prospects for Democratic Change

The Yemen is one of the Arab countries that were most influenced by the new wave of democratization that swept the region in response to domestic and international pressures. Though the Yemeni regime has adopted the system of political plurality, this has so far changed very little in the means of devolution of power as a result of numerous restrictive laws.

Moreover, the boundary between state and the ruling party has been largely obliterated. The internal structure of all parties exhibits markedly undemocratic features. All this has discredited the whole political system in the eyes of the broad masses. Indeed the fact that 40 political parties exist, with most practically defunct, attests to the vaccuousness of the entire political process. Consequently, tribal allegiance is the decisive element in any election, a feature that will necessarily impede the creation and effectiveness of modern democratic institutions.