Yemen was one of the oldest centers of civilization in the Near East. Between the 12th century BC and the 6th century AD, it was part of the Minaean, Sabaean, and Himyarite kingdoms, which controlled the lucrative spice trade, and later came under Ethiopian and Persian rule. In the 7th century, Islamic caliphs began to exert control over the area. After this caliphate broke up, the former north Yemen came under control of Imams of various dynasties usually of the Zaidi sect, who established a theocratic political structure that survived until modern times. (Imam is a religious term. The Shiites apply it to the prophet Muhammad's son-in-law Ali, his sons Hasan and Hussein, and subsequent lineal descendants, whom they consider to have been divinely ordained unclassified successors of the prophet.)
Egyptian Sunni caliphs occupied much of north Yemen throughout the 11th century. By the 16th century and again in the 19th century, north Yemen was part of the Ottoman empire, and in some periods its Imams exerted suzerainty over south Yemen.
Ottoman government control was largely confined to cities with the Imam's suzerainty over tribal areas formally recognized. Turkish forces withdrew in 1918, and Imam Yahya strengthened his control over north Yemen. Yemen became a member of the Arab league in 1945 and the United Nations in 1947. Imam Yahya died during an unsuccessful coup attempt in 1948 and was succeeded by his son Ahmad, who ruled until his death in September 1962. Imam Ahmad's reign was marked by growing repression, renewed friction with the United Kingdom over the British presence in the south, and growing pressures to support the Arab nationalist objectives of Egyptian President Gamal Abdul Nasser. Shortly after assuming power in 1962, Ahmad's son, Badr, was deposed by revolutionary forces which took control of Sanaa and created the Yemen Arab Republic (YAR). Egypt assisted the YAR with troops and supplies to combat forces loyal to the Imamate. Saudi Arabia and Jordan supported Badr's royalist forces to oppose the newly formed republic. Conflict continued periodically until 1967 when Egyptian troops were withdrawn. By 1968, following a final royalist siege of Sanaa, most of the opposing leaders reached a reconciliation; Saudi Arabia recognized the Republic in 1970.
British influence increased in the south and eastern portion of Yemen after the British captured the port of Aden in 1839. It was ruled as part of British India until 1937, when Aden was made a crown colony with the remaining land designated as east Aden and west Aden protectorates. By 1965, most of the tribal states within the protectorates and the Aden colony proper had joined to form the British-sponsored federation of south Arabia. In 1965, two rival nationalist groups--the Front for the Liberation of Occupied South Yemen (FLOSY) and the National Liberation Front (NLF)--turned to terrorism in their struggle to control the country. In 1967, in the face of uncontrollable violence, British troops began withdrawing, federation rule collapsed, and NLF elements took control after eliminating their FLOSY rivals. South Arabia, including Aden, was declared independent on November 30, 1967, and was renamed the People's Republic of South Yemen. In June 1969, a radical wing of the Marxist NLF gained power and changed the country's name on December 1, 1970, to the People's Democratic Republic of Yemen (PDRY). In the PDRY, all political parties were amalgamated into the Yemeni Socialist Party (YSP), which became the only legal party. The PDRY established close ties with the Soviet Union, China, Cuba, and radical Palestinians.
In 1972, the governments of the PDRY and the YAR declared that they approved a future union. However, little progress was made toward unification, and relations were often strained. In 1979, simmering tensions led to fighting, which was only resolved after Arab League mediation. The goal of unity was reaffirmed by the northern and southern heads of state during a summit meeting in Kuwait in March 1979. However, that same year the PDRY began sponsoring an insurgency against the YAR. In April 1980, PDRY President Abdul Fattah Ismail resigned and went into exile. His successor, Ali Nasir Muhammad, took a less interventionist stance toward both the YAR and neighboring Oman. On January 13, 1986, a violent struggle began in Aden between Ali Nasir Muhammad and the returned Abdul Fattah Ismail and their supporters. Fighting lasted for more than a month and resulted in thousands of casualties, Ali Nasir's ouster, and Ismail's death. Some 60,000 persons, including Ali Nasir and his supporters, fled to the YAR. In May 1988, the YAR and PDRY governments came to an understanding that considerably reduced tensions including agreement to renew discussions concerning unification, to establish a joint oil exploration area along their undefined border, to demilitarize the border, and to allow Yemenis unrestricted border passage on the basis of only a national identification card. In November 1989, the leaders of the YAR (Ali Abdallah Salih) and the PDRY (Ali Salim Al-Bidh) agreed on a draft unity constitution originally drawn up in 1981. The Republic of Yemen (ROY) was declared on May 22, 1990. Ali Abdallah Salih became President, and Ali Salim Al-Bidh became Vice President. A 30-month transitional period for completing the unification of the two political and economic systems was set. A presidential council was jointly elected by the 26-member YAR advisory council and the 17-member PDRY presidium. The presidential council appointed a Prime Minister, who formed a Cabinet. There was also a 301-seat provisional unified Parliament, consisting of 159 members from the north, 111 members from the south, and 31 independent members appointed by the chairman of the council. A unity constitution was agreed upon in May 1990 and ratified by the populace in May 1991. It affirmed Yemen's commitment to free elections, a multiparty political system, the right to own private property, equality under the law, and respect of basic human rights. Parliamentary elections were held on April 27, 1993. International groups assisted in the organization of the elections and observed actual balloting. The resulting Parliament included 143 GPC, 69 YSP, 63 Islaah (Yemeni grouping for reform, a party composed of various tribal and religious groups), 6 Baathis, 3 Nasserists, 2 Al Haq, and 15 independents. The head of Islaah, Paramount Hashid Sheik Abdallah Bin Husayn Al-Ahmar, is the speaker of Parliament.
Islaah was invited into the ruling coalition, and the presidential council was altered to include one Islaah member. Conflicts within the coalition resulted in the self-imposed exile of Vice President Ali Salim Al-Bidh to Aden beginning in August 1993 and a deterioration in the general security situation as political rivals settled scores and tribal elements took advantage of the unsettled situation. Haydar Abu Bakr Al-Attas (former southern Prime Minister) continued to serve as the ROY Prime Minister, but his government was ineffective due to political infighting. Continuous negotiations between northern and southern leaders resulted in the signing of the document of pledge and accord in Amman, Jordan on February 20, 1994. Despite this, clashes intensified until civil war broke out in early May 1994. Almost all of the actual fighting in the 1994 civil war occurred in the southern part of the country despite air and missile attacks against cities and major installations in the north. Southerners sought support from neighboring states and received billions of dollars of equipment and financial assistance. The United States strongly supported Yemeni unity, but repeatedly called for a cease-fire and a return to the negotiating table. Various attempts, including by a UN special envoy, were unsuccessful to effect a cease-fire. Southern leaders declared secession and the establishment of the Democratic Republic of Yemen (DRY) on May 21, 1994, but the DRY was not recognized by the international community. Ali Nasir Muhammad supporters greatly assisted military operations against the secessionists and Aden was captured on July 7, 1994. Other resistance quickly collapsed and thousands of southern leaders and military went into exile.
Early during the fighting, President Ali Abdallah Salih announced a general amnesty which applied to everyone except a list of 16 persons. Most southerners returned to Yemen after a short exile. An armed opposition was announced from Saudi Arabia, but no significant incidents within Yemen materialized. The government prepared legal cases against four southern leaders--Ali Salim Al- Bidh, HaydarAbu Bakr Al-Attas, Abd Al-Rahman Ali Al-Jifri, and Salih MunassarAl-Siyali--for misappropriation of official funds. Others on the list of 16 were told informally they could return to take advantageof the amnesty, but most remained outside Yemen. Although many of Ali Nasir Muhammad's followers were appointed to senior governmental positions (including Vice President, Chief of Staff, and Governor of Aden), Ali Nasir Muhammad himself remained abroad in Syria. In the aftermath of the civil war, YSP leaders within Yemen reorganized the party and elected a new politburo in July 1994. However, the party remained disheartened and without its former influence. Islaah held a party convention in September 1994. The GPC did the same in June 1995. In 1994, amendments to the unity constitution eliminated the presidential council. President Ali Abdallah Salih was elected by Parliament on October 1, 1994 to a 5-year term. The constitution provides that henceforth the President will be elected by popular vote from at least two candidates selected by the legislature. Yemen held its first direct presidential elections in September 1999, electing President Ali Abdallah Salih to a 5-year term in what were generally considered free and fair elections. Yemen held its second multiparty parliamentary elections in April 1997. Constitutional amendments adopted in the summer of 2000 extended the presidential term by 2 years, thus moving the next presidential elections to 2006. The amendments also extended the parliamentary term of office to a 6-year term, thus moving elections for these seats to 2003. On February 20, 2001, a new constitutional amendment created a bicameral legislature consisting of a Shura Council (111 seats; members appointed by the president) and a House of Representatives (301 seats; members elected by popular vote).
Today, the Republic of Yemen, comprising the former (northern) Yemen Arab Republic (YAR) and (southern) People's Democratic Republic of Yemen (PDRY), was proclaimed in 1990. Following a brief but bloody civil war in mid-1994, the country was reunified under the Sana'a-based government. President Ali Abdullah Saleh is the leader of the General People's Congress (GPC), which dominates the Government. He was elected by the legislature to a 5-year term in 1994, and was elected to another 5-year term in the country's first nationwide direct presidential election in September 1999, winning 96.3 percent of the vote. The Constitution provides that the President be elected by popular vote from at least two candidates endorsed by Parliament, and the election was generally free and fair; however, there were some problems, including the lack of a credible voter registration list. In addition the President was not opposed by a truly competitive candidate because the candidate selected by the leftist opposition did not receive the minimum number of votes required to run from the GPC-dominated Parliament (the other opposition party chose not to run its own candidate, despite its seats in Parliament). The President's sole opponent was a member of the GPC. The first Parliament elected by universal adult suffrage was convened in 1993. Parliamentary elections were held again in 1997, with the Yemeni Socialist Party (YSP), formerly the main party of the PDRY and a previous coalition partner of the GPC, leading an opposition boycott. The GPC won an absolute majority in the 1997 Parliament, with the opposition Islamist and tribal Yemeni Grouping for Reform (Islaah) as the only other major party represented. International observers judged that the elections were reasonably free and fair, while noting some problems with voting procedures. The Parliament is not yet an effective counterweight to executive authority, although it increasingly demonstrates independence from the Government. Real political power rests with the executive branch, particularly the President. The country's first local elections were held in February, with all major opposition parties participating. The judiciary is nominally independent, but is weak and severely hampered by corruption, executive branch interference, and the frequent failure of the authorities to enforce judgments.
SOCIO-ECONOMIC SYSTEM
Yemen is a very poor country with a population of approximately 18 million; about 40 percent of the population live in poverty. Its embryonic market-based economy, despite a major economic reform program, remains impeded by excessive government interference and widespread corruption. Annual per capita gross national product (GNP) rose to $403 in 2000, up from $373 in 1999. Agriculture accounts for approximately 22 percent of GNP; industry, including construction and trade, for approximately 45 percent; and services for approximately 33 percent. Oil is the primary source of foreign exchange. Other exports include fish, livestock, coffee, and detergents. Remittances from citizens working abroad (primarily in Saudi Arabia and other Arab Persian Gulf states) also are important. However, remittances were reduced sharply after Saudi Arabia and other Gulf states expelled up to 850,000 Yemeni workers during the Gulf War because of the Government's lack of support for the U.N. coalition. The Gulf states also suspended most assistance programs, and much Western aid was reduced. Foreign aid has begun to reemerge as an important source of income, with Saudi Arabia and Kuwait resuming soft loan programs during the year 2001. The unemployment rate is estimated at 35 percent, and is highest in the southern governorates, where, prior to unity, most adults were employed by the PDRY Government.
INCIDENCE OF CRIME
The reported crime rate in Yemen is extremely low compared to industrialized countries. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. In the UN reports, murders are referred to as "intentional homicides." Aggravated assaults are referred to as "major assaults," and larcenies are referred to as "thefts." According to the United Nations Seventh Annual Survey on Crime, crime recorded in police statistics shows the crime rate for the combined total of all Index crimes in Yemen to be 46.36, per 100,000 inhabitants in 2000. This compares with 1951.92 for Japan (country with a low crime rate) and 4123.97 for USA (country with high crime rate). For intentional homicides, the rate in 2000 was 3.98 for Yemen, 0.50 for Japan, and 5.51 for USA. For major assaults, the rate in 2000 was 5.8 for Yemen, compared with 34.04 for Japan, and 323.62 for USA. (Note these data for Japan and Yemen are for total recorded assaults, since Japan did not report a figure for major assaults.) For rapes, the rate in 2000 was 0.46 for Yemen, 1.78 for Japan, and 32.05 for USA. For robberies, the rate in 2000 was 1.03 for Yemen, 4.07 for Japan, and 144.92 for USA. For automobile theft, the rate in 2000 was 4.69 for Yemen, 243.81 for Japan, and 414.17 for USA. The rate of burglaries for 2000 was 0.65 for Yemen, 233.45 for Japan, and 414.17 for USA. The rate for thefts in 2000 was 29.75 for Yemen, compared with 1434.27 for Japan and 2475.27 for USA. (Note that USA data were those reported to INTERPOL for year 2000, since USA has not yet reported this data to UN.)
TRENDS IN CRIME
Between 1998 and 2000 the rate for all recorded Index offenses decreased from 56.07 to 46.36 per 100,000 in Yemen, a decrease of 17.3%%. The rate of intentional homicide increased from 3.7 to 3.98, an increase of 7.6%. However, the rate for major assaults decreased from 18.54 to 5.8, a decrease of 68.7%. The rate of rape increased from 0.23 to 0.46, an increase of 100%. The rate for robberies increased from 0.97 to 1.03 per 100,000, an increase of 6.2%. The rate for automobile theft decreased from 6.34 to 4.69, a decrease of 26.0%. The rate of burglaries increased from 0.1 to 0.65, an increase of 6400%. (Note that the second figure is for 1999 - no data given for 2000.) Thefts increased from 26.28 to 29.75, an increase of 13.2%.
POLICE
The primary state security apparatus is the Political Security Organization (PSO), an independent agency that reports directly to the President. The Criminal Investigative Department (CID) of the police reports to the Ministry of Interior and conducts most criminal investigations and makes most arrests. The Central Security Organization (CSO), also a part of the Ministry of Interior, maintains a paramilitary force. The civilian authorities do not maintain effective control of the security forces. Members of the security forces, particularly the PSO, committed numerous, serious human rights abuses.
Members of the security forces killed a number of persons during the year 2001. There were some reports during the year 2001 that security forces at checkpoints killed or injured persons whom they believed were engaging in criminal activity and resisting arrest.
In January the human rights organization 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.
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 year's end 2001 there was no information about whether he was disciplined.
On December 18, military and security forces conducted armed operations in Marib and Shebwa governates in an attempt to apprehend terrorists affiliated with the al-Qaida organization. The operation began peacefully, but, due to circumstances that were unclear, the confrontation escalated into a shootout when tribal members opened fire on security forces. Nineteen security forces personnel were killed and 30 wounded; reportedly four tribal members were killed and seven wounded. The al-Qaida suspects escaped and were still being sought by the Government at year's end 2001.
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.
No security officials were tried or convicted for abuses committed during the year 2001. However, in December 2000, the penal court in Hodeidah governorate found two security officials guilty of torturing a citizen to death in 1995. The officials were demoted, dismissed, and sentenced to 3 years in prison.
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 year's end 2001.
Approximately 28 persons were killed in election related violence in February.
Tribal violence resulted in a number of killings and other abuses, and the Government's ability to control tribal elements remained limited. In addition tensions between the Government and various tribes periodically escalated into violent confrontations.
Persons continued to be killed and injured in unexplained bombings and shootings that occurred during the year 2001. In most cases, it was impossible to determine who was responsible for such acts or why they occurred, and there were no claims of responsibility. The Government accused southern oppositionists of perpetrating some incidents, but the opposition denied any involvement. Some cases appeared to have criminal, religious, or political motives; others appeared to be cases of tribal revenge or land disputes. In June 1998, the President established a committee to study the phenomenon of revenge killings and to make recommendations on how to combat the problem. Presumably in response to the committee's inability to produce results, the President in May gave the new Shura Council the task of developing a strategy to address the phenomenon of violent tribal revenge. In November the Dar al-Salam Arbitration Organization, a local NGO, held the country's first "anti-revenge conference."
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 the 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.
In 1998 at the invitation of authorities, delegations from the UNHRC and Amnesty International (AI) visited the country to investigate the whereabouts of persons who allegedly have disappeared in custody since unification. In 1997 the Government had promised AI that it would look into 27 cases of persons who died after they allegedly disappeared while in government custody during the violence associated with the civil war in 1994. In its follow-up report issued in July 1999, AI criticized the Government for not keeping this promise. The Government claims that it responded to AI and passed the results of its investigations to the UNHRC, but that the information AI provided was inadequate for effective investigation and conclusive action. Both the U.N. Committee on Disappearances and AI also continue to allege that there are hundreds of unresolved disappearances dating from the preunity period in the former PDRY, particularly from its 1986 civil war. The Government asserts that it cannot be held responsible for cases that took place within the former PDRY prior to unity; however, it has set up a computer database in the Ministry of Foreign Relations to track disappearances, including those dating from the preunity period. The Government states that the scarcity of records, resulting from the country's lack of an effective national registry, hindered its attempts during the year 2001 to create database files, especially for persons who disappeared in the PDRY in the 1970's. AI has received no credible reports of new disappearances in the last 7 years.
Some tribes seek to bring their political and economic concerns to the attention of the Government by kidnaping and holding hostages. Foreign businessmen, diplomats, and tourists are the principal targets. During the year 2001, seven foreigners were kidnaped (six men and one woman), as well as a much higher number of citizens. There also were two failed kidnaping attempts against foreign diplomats. A total of 166 foreigners have been kidnaped since 1992. In a 1998 study, the legal magazine al-Qistas found that Sana'a, Marib, and Shabwa are the areas in which a foreigner is most likely to be kidnaped. Kidnaping victims rarely are injured, and the authorities generally have been successful in obtaining the negotiated release of foreign hostages. However, in 2000 a Norwegian diplomat on vacation was killed near Sana'a during an exchange of fire between checkpoint police and his abductors.
There has been a marked decline in tribal kidnapings of foreigners, from 10 cases involving 27 persons in 1998 to 9 cases involving 21 persons in 1999 to 6 cases involving 8 persons in 2000, to 7 cases involving 7 persons during the year 2001. Kidnapings had been a persistent problem in the past, due to the judiciary's frequent failure to impose sentences against accused kidnapers because some persons linked to kidnapings were members of prominent tribes or had links with such tribes. In most cases, the kidnapings were settled out of court, with no suspects facing trial; however, this practice has changed. In August 1998, the Government issued by presidential decree a law that stipulated severe punishments up to and including capital punishment for persons involved in kidnaping, "carjacking," attacking oil pipelines, and other acts of banditry and sabotage. In October 1999, the Government announced the establishment of a special court in Sana'a to implement this law and created a special prosecutor to investigate and try those charged under its provisions.
In December a court convicted four men who had kidnaped a German citizen in November. The perpetrator received a 25-year sentence, and the others received 20-year sentences. In 2000 the court sentenced an individual who had kidnaped three German tourists in 1999 to 12 years in jail; the kidnaper of an American and a group of Europeans (in 1997) to 20 years; and two additional kidnapers to 15 years. In February the kidnaper of three American tourists (in 1999) received a 12-year jail sentence. The arrests, trials, and convictions continue. The Government's prosecution of persons charged with kidnaping appears to have had a deterrent effect. There were no reports of tribal opposition or interference in the arrests or the judicial process connected with these cases.
The Constitution is ambiguous regarding the prohibition of cruel or inhuman punishment, and members of the security forces tortured and otherwise abused persons in detention. Arresting authorities are known to use force during interrogations, especially against those arrested for violent crimes. Detainees in some instances are confined in leg-irons and shackles, despite a 1998 law outlawing this practice.
The Government has acknowledged publicly that torture takes place, but it has claimed that the use of torture is not government policy. Nevertheless, the Government has not taken effective steps to end the practice or to punish those who commit such abuses. A government prosecutor has cited illiteracy and lack of training among police and security officials as reasons for the persistence of the use of undue force in prisons; a human rights activist has suggested that corruption and pressure from superiors to produce convictions also plays a role. The immunity of all public employees from prosecution for crimes allegedly committed while on duty also hinders accountability; prosecutors must obtain permission from the Attorney General to investigate members of the security forces, and the head of the Appeals Court formally must lift their immunity before they are tried. Low salaries for police officers, about $35 to $53 (6,000 to 9,000 riyals) per month, also contribute to corruption and police abuse.
In January the human rights organization 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, died under suspicious circumstances in al-Mansura Prison in Aden on December 16, 2000.
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. The director of Ibb security directed that an autopsy be performed and summoned the head of al-Udain's security office for questioning. The investigation found that Salem was pregnant when she was detained for questioning and went into labor while in police custody. She was transported to a clinic, but died as a result of complications during childbirth. Salem's baby also died. The investigation concluded that Salem had not been tortured.
There were no reported prosecutions or convictions of security officers for abuses committed during the year 2001. However, in December 2000, the penal court in Hodeidah governorate found two security officials guilty of torturing a citizen to death in 1995. The officials were demoted, dismissed, and sentenced to 3 years in prison.
There have been numerous allegations and credible evidence that in past years the authorities tortured and abused suspects and detainees, in cases resulting in death, in order to attempt to coerce confessions before or during trial. However, there were no such allegations during the year 2001.
The Constitution may be interpreted as permitting amputations in accordance with Shari'a (Islamic law). In January authorities amputated the right hand of Ahmed Mohammed Sharaf, a repeat offender convicted of murder (he was also sentenced to death, but had not been executed by year's end 2001). However, the use of amputations as punishment is extremely rare. Prior to the Sharaf case, there had been no reports of amputations since 1991, although a small number of persons who have been found guilty of theft and sentenced to amputation remain in jail awaiting the implementation of their sentences. The Shari'a-based law permits physical punishment such as flogging for some crimes. For example, in July 2000, two individuals convicted of kidnaping were sentenced to 80 lashes (the penalty for the consumption of alcohol) in addition to a period of imprisonment because they had been intoxicated during the commission of their crime. In Ibb governorate in January 2000, Mohamed Tahbit al-Su'mi, after being tried and convicted, was stoned to death for the 1992 rape and murder of his 12-year-old daughter. Capital punishment usually is carried out by firing squad; stoning is almost unheard of, but was approved in this case due to the unusual brutality of the crime. In rare cases involving particularly egregious crimes, such as the rape and murder of children, the law permits the ritual display in public of the bodies of executed criminals. The ostensible purpose of this practice is to demonstrate to the families of victims that justice has been served and to prevent blood feuds between tribes.
The Government at times uses excessive force to put down demonstrations and riots. In April a soldier killed a demonstrator and wounded another when he fired into a crowd protesting a zoning decision in the al-Dalah governorate.
Tribal violence continued to be a problem during the year 2001, causing numerous deaths and injuries.
Despite constitutional provisions against government interference with privacy, security forces routinely search homes and private offices, monitor telephones, read personal mail, and otherwise intrude into personal matters for alleged security reasons. Such activities are conducted without legally issued warrants or judicial supervision. Security forces regularly monitor telephone conversations and interfere with the telephone service of government critics and opponents. Security forces sometimes detain relatives of suspects while the suspect is being sought. Government informers monitor meetings and assemblies.
The law prohibits arrests or the serving of a subpoena between the hours of sundown and dawn. However, persons suspected of crimes in some instances are taken from their homes in the middle of the night, without search warrants. Jews traditionally face social (but not legal) restrictions on their residence and their employment.
According to a 1995 Ministry of Interior regulation, no citizen may marry a foreigner without Interior Ministry permission. This regulation does not carry the force of law and appears to be enforced irregularly. However, some human rights groups have raised concerns about the regulation.
The Government reportedly blocks sexually explicit web sites, but does not block politically oriented sites. The Government claims that it does not monitor Internet usage, but some persons suspect their e-mail messages are read by security authorities. There have been no reports that the Government has taken action against Internet users.
DETENTION
The law provides due process safeguards; however, security forces arbitrarily arrest and detain persons. Enforcement of the law is irregular and in some cases nonexistent, particularly in cases involving security offenses. According to the law, detainees must be arraigned within 24 hours of arrest or be released. The judge or prosecuting attorney must inform the accused of the basis for the arrest and decide whether detention is required. In no case may a detainee legally be held longer than 7 days without a court order. Despite these constitutional and other legal provisions, arbitrary arrest and prolonged detention without charge are common practices. In April 2000, Parliament passed a revised Police Law, which established the mandate, duties, and procedures for police.
During the year 2001, the Government continued to detain journalists briefly for questioning concerning articles that were critical of the Government or that the Government considered sensitive. In May the PSO detained journalist Hassan al-Zaidi and held him incommunicado for 16 days, at times in solitary confinement. In September the PSO again detained al-Zaidi for 2 weeks. However, the decline in the number of such incidents from 1999 continued.
The law prohibits incommunicado detentions. The law provides detainees with the right to inform their families of their arrests and to decline to answer questions without an attorney present. There are provisions for bail. In practice many authorities abide by these provisions only if bribed.
Citizens regularly claim that security officials did not observe due process procedures when arresting and detaining suspects, particularly those accused of involvement in political violence. There also were claims that private individuals hired lower-level security officials to intervene on their behalf and harass their business rivals. Security forces at times detained demonstrators.
The Yemeni Institute for Democratic Development (YIDD) reported that Amar Mahmoud Ali Abdo al-Madhagi was arrested by CID officials in May and held without charge for approximately 6 weeks. Al-Madhagi's family claimed that security officials detained al-Madhagi as he was walking down the street in Sana'a, coerced a confession from him regarding his purported involvement in terrorist activities, and then held him incommunicado. The Government denied the family's version of al-Madhagi's arrest. The Ministry of State for Human Rights looked into the YIDD report and stated that al-Madhagi had approached the authorities, claiming to have information regarding the October 2000 terrorist attack against the USS Cole. The authorities determined that the information provided by al-Madhagi was a hoax, and arrested him for "intentionally providing inaccurate and misleading information." According to the Ministry, al-Madhagi was in prison and awaiting trial at year's end 2001.
In cases in which a criminal suspect is at large, security forces in some instances detain a relative while the suspect is being sought. The detention may continue while the concerned families negotiate compensation for the alleged wrongdoing. Arbitration, rather than the court system, commonly is used to settle cases.
The Government failed to ensure that detainees and prisoners are incarcerated only in authorized detention facilities. The Ministry of Interior and the PSO operate extrajudicial detention facilities. A large percentage of the total prison population consists of pretrial detainees. There have been allegations that a large number of persons have been imprisoned for years without documentation concerning charges against them, their trials, or their sentences.
Aziz Mohamed Musaid, who was arrested in Taiz in September 1998 and charged with intent to commit adultery, was released on bail in December 2000; however, his trial remained pending. Musaid's case had languished and he remained in jail because the presiding judge, Abdul Jabar Taha al-Kharasani, refused to adjudicate the case. The charges did not appear to be supported by solid evidence. In October 1999, the Minister of Interior ordered al-Kharasani to turn over his cases, including Musaid's, to another judge, but he refused to do so. Al-Kharasani was finally compelled to do so in December 2000, and another judge has taken the case.
While some cases of those being held without charge have been redressed through the efforts of local human rights groups and government inspection missions (and some illegally detained prisoners released), the authorities have not investigated nor resolved these cases adequately.
Unauthorized private prisons also exist in tribal areas in which the Government does not exercise authority effectively. Persons detained in such prisons often are held for strictly personal reasons and without trial or sentencing.
The law does not permit forced exile. The Government does not use forced exile. However, at the end of the 1994 civil war, the Government denied amnesty to the 16 most senior leaders of the armed, secessionist Democratic Republic of Yemen (DRY) who fled abroad. Although they were not forced into exile, they are subject to arrest if they return. The trial of the so-called "16" concluded in March 1998. During the year 2001, with the encouragement of the Government, prominent southern journalists, military officers, and their families who fled the country during the 1994 civil war returned to the country.
In December the Government deported approximately 100 foreigners, many of whom were studying at Muslim religious schools, who allegedly were in the country illegally. The Government claimed that these persons were suspected of inciting violence or engaging in criminal acts by promoting religious extremism. The Government deported them using existing laws that require all foreigners to register with the police or immigration authorities within a month of arrival in the country.
COURTS
Legal system is based on Islamic law, Turkish law, English common law, and local tribal customary law. The Constitution provides for an "autonomous" judiciary and independent judges; however, the judiciary is not fully independent, and it is weak and severely hampered by corruption, executive branch interference, and the frequent failure of the authorities to enforce judgments. Judges are appointed by the executive branch, and some have been harassed, reassigned, or removed from office following rulings against the Government. For example, there were credible reports that in 1999 then-governor of Sana'a Naji al-Sufi repeatedly interfered with and attempted to intimidate members of the judiciary, including assault on a defense lawyer, detaining at least two judges, and harassing the chairman of Sana'a governorate's prosecutor's office. Many litigants maintain, and the Government acknowledges, that a judge's social ties and susceptibility to bribery at times have greater influence on the verdict than the law or the facts of the case. Many judges are poorly trained; some closely associated with the Government often render decisions favorable to it. The judiciary is hampered further by the Government's frequent reluctance to enforce judgments. Tribal members at times threaten and harass members of the judiciary. For example, in August 2000, members of the Bani Dhubian tribe kidnaped judge Abdu Rahman Abu Taleb, who was presiding over a land dispute case involving the tribe.
There are five types of courts: Criminal; civil and personal status (for example, divorce and inheritance); kidnaping/terrorism; commercial; and court-martial.
All laws are codified from Shari'a, under which there are no jury trials. Criminal cases are adjudicated by a judge, who plays an active role in questioning witnesses and the accused. Under the Constitution and by law, the Government must provide attorneys for indigent defendants; however, in practice this never occurs. Despite a stipulation that the Government provide legal aid to indigent defendants, the law does not explicitly prohibit trying criminal defendants without a lawyer, and the judicial budget currently does not allow for defense attorneys. Judges at times "appoint" attorneys present in their courtrooms to represent indigent defendants; however, such attorneys legally are not required to take the case, although most accept in order to avoid displeasing judges before whom they must appear later.
By law prosecutors are a part of the judiciary and independent of the Government; however, in practice prosecutors consider themselves as an extension of the police. They do not receive the normal judicial training that judges do, nor do they fulfill their legal obligation to prosecute police who delay reporting arrests and detentions.
Defense attorneys are allowed to counsel their clients, address the court, and examine witnesses. Defendants, including those in commercial courts, have the right to appeal their sentences. Trials generally are public; however, all courts may conduct closed sessions "for reasons of public security or morals." Foreign litigants in commercial disputes have complained of biased rulings. However, some foreign companies have won cases against local defendants, and some such decisions have been enforced.
In addition to regular courts, the law permits a system of tribal adjudication for noncriminal issues, although in practice tribal "judges" often adjudicate criminal cases as well. The results of such mediation carry the same if not greater weight as court judgments. Persons jailed under the tribal system usually are not charged formally with a crime but stand publicly accused of their transgression.
In October 1999, the Government established a special court to try persons charged with kidnaping, "carjacking," attacking oil pipelines and other acts of banditry and sabotage. Several persons tried by this special court have received lengthy jail sentences, which appears to have had a deterrent effect on tribal kidnapings.
Prior to unification, approximately half of the judges working in southern Yemen were women. However, after the 1994 civil war, conservative leaders of the judiciary reassigned many southern female judges to administrative or clerical duties. Although several female judges continue to practice in Aden, there are no female judges in northern courts.
The Government continued the program it began in late 1997 to reform the judiciary. This comprehensive, long-term reform program is intended to improve the operational efficiency and statutory independence of the judiciary by placing reform-minded personnel into the courts; forming an interministerial council to oversee the reform project; publishing a judicial code of ethics; and making the Supreme Court smaller, more efficient, and less corrupt. Foreign donors have offered to provide assistance in implementing judicial reform, which the Government has accepted. While the program has not yet been completed, some attorneys cite improvements, including a reduction in the number of Supreme Court justices from 90 to 40 in 1998, an increase in judges' salaries in order to deter corruption, an increase in the Ministry of Justice's budget in 2000, and participation by judges in workshops and study tours conducted by foreign judicial officials. However, there have not yet been any tangible results.
In August the country's Higher Judicial Council, chaired by the President, dismissed 20 judges and prosecutors for violating the law and forced 108 others to retire. The council also strengthened the Ministry of Justice's authority to investigate and prosecute allegations of judicial abuse, and instructed the Accountability Council to accelerate its investigation of pending cases. Also in August, the Minister of Justice led an inspection tour of courts in several governorates to review the performance of officials, identify problems and take corrective action, if necessary.
In September the Cabinet approved a package of judicial reform measures aimed primarily at improving the country's commercial and public finance courts, which deal with taxes, customs, and foreign exchange law. Later in the month, the Ministry of Justice initiated a project to upgrade the country's judicial infrastructure, including construction of 55 new courthouses, prosecution offices, and residences for judges in several governorates. The Ministry completed 20 facilities by year's end 2001.
In 1999 a U.N. Development Program (UNDP) team visited the country to conduct an assessment that would serve as the basis of a second judicial reform program, which originally was scheduled to begin in January 2000 and end in 2002. The team noted the Government's willingness to address long-standing issues of accountability and transparency and to implement laws more effectively. The program's goals would be to modernize Ministry of Justice equipment, improve the country's legal libraries, provide special training for the Attorney General's office, enhance public awareness of the rule of law, and secure a building for the Supreme Court. The UNDP continues to seek donor funding for the program, which had not begun by year's end 2001.
A third judicial reform program, financed by international assistance, was initiated in January 2000 and is to last through March 2002. The program focuses on the Ministries of Justice and of Legal and Parliamentary Affairs and is to provide training in business and commercial law for judges; a diagnostic study of judicial education curriculum; training on drafting of legislation; and a review of the country's commercial laws to identify and correct inconsistencies or close gaps. The program is ongoing.
The security services continued to arrest and prosecutors to charge and try persons alleged to be linked to various shootings, explosions, bombings, and other acts of violence. Citizens and human rights groups alleged that the judiciary did not observe due process standards in these cases.
In February the lawyer for two suspects detained in connection with the investigation into the October 12, 2000, terrorist attack against the USS Cole in Aden harbor, claimed that authorities denied him access to his clients. There also were expressions of concern that the prosecution has postponed proceeding to trial to give security officials more time to investigate with their U.S. counterparts. There have been no reports of allegations of torture from persons detained in connection with the investigation.
On January 1 and 2, explosive devices were detonated in Aden outside the Anglican Christ Church, which is used as a transient hotel by seamen, and the official SABA News Agency office. Authorities attributed the bombings to religious extremists, possibly affiliated with the AAIA. Five persons were arrested in January; their trial began in April and had not concluded by year's end 2001. The accused leader, Abu Bakr Said Jayul, was convicted in July along with three others for planting a bomb at the British Embassy in Sana'a in October 2000. Jayul and a second defendant received a 15-year jail sentence; the remaining defendants were given 6 and 4 years. They appealed their sentences, and in October the Sana'a Penal Appeals Court reduced them to 10, 4, and 2 years, respectively. There were claims that there were procedural irregularities in the trial.
The trial of seven AAIA members on terrorism charges, which began in October 1999, ended in June 2000. Two were found guilty and given jail sentences; the remaining five were acquitted. Two of the defendants were tried in absentia. Four claimed that the prosecution coerced and tortured them into making self-incriminating statements and confessions. The judge issued a ruling prohibiting the publication of details about the trial. The convicted leader, Hatem bin Fareed, appealed his 7-year jail sentence, but in April the Sana'a Appeals Court upheld it. Authorities maintain that bin Fareed was the putative successor to AAIA leader "Abu Hassan," who was executed in 1999.
The Government claims that it does not hold political prisoners. Local opposition politicians and human rights activists generally accept this claim; however, some international human rights groups and members of the opposition-in-exile dispute it.
At the end of the 1994 civil war, the President pardoned nearly all who had fought against the central Government, including military personnel and most leaders of the unrecognized DRY. The Government denied amnesty to the 16 most senior leaders of the DRY (1 of whom is presumed dead), who fled abroad. The DRY leaders are subject to arrest if they return. In 1997 and 1998, the so-called "16" were tried in absentia on various charges, including forming a secessionist government, conspiracy, and forming a separate military. All but two were found guilty, and in March 1998, a judge sentenced five of the defendants to death and 3 others to 10 years in jail. Six persons received suspended sentences, and two were acquitted. Many opposition figures have urged the President to issue an amnesty for those who received sentences in the interest of promoting reconciliation between the north and south. The President has stated that it is up to the judicial system to pass judgment. Defense attorneys appealed to a higher court, but by year's end 2001 the court had made no judgment on whether it would hear the appeal.
With the encouragement of the Government, in June and July, eight prominent southern journalists who fled the country during the 1994 civil war returned and have resumed their careers. A number of southern military officers and their families who fled during the civil war reportedly returned in September.
CORRECTIONS
Prison conditions are poor and do not meet internationally recognized standards. Prisons are overcrowded, sanitary conditions are poor, and food and health care are inadequate. Inmates depend on relatives for food and medicine. Many inmates lack mattresses or bedding. Prison authorities often exact bribes from prisoners or refuse to release prisoners who have completed their sentences until family members pay a bribe. Tribal leaders misuse the prison system by placing "problem" tribesmen in jail, either to punish them for noncriminal indiscretions or to protect them from retaliation or violence motivated by revenge. Authorities in some cases arrest without charge and imprison refugees, persons with mental disabilities, and illegal immigrants and place them in prisons with common criminals.
Conditions are equally poor in women's prisons, where children likely are incarcerated along with their mothers. By custom and preference, babies born in prison generally remain in prison with their mothers. At times female prisoners are subjected to sexual harassment and violent interrogation by male police and prison officials. The law requires male members of the families of female prisoners to arrange their release; however, female prisoners regularly are held in jail past the expiration of their sentences because their male relatives refuse to authorize their release due to the shame associated with their alleged behavior. In 2000 the Government's Supreme National Committee for Human Rights initiated a project with the National Women's Committee to establish a shelter in Sana'a to house 50 of these abandoned women and provide them with vocational education; however, at year's end 2001, the National Women's Committee was still seeking donor funding for the project.
There was increased attention focused during the year 2001 on the circumstances of women prisoners. Several NGO's, often with Government support, undertook activities to address the legal and other problems of female prisoners. For example, in March the Human Rights Information and Training Center (HRITC) organized a workshop to improve conditions for women in Taiz Central Prison, an initiative that it hopes to expand to other cities. In April the al-Afif Young Girls Forum organized a seminar to discuss legal and cultural obstacles to reforming women's prisons. In June under the patronage of the new Minister of State for Human Rights and in association with the International Human Rights Legal Group, the Arab Human Rights Forum, al-Shakiq, conducted a 3-day program on protecting the rights of female prisoners. The program was attended by women's rights activists from Tunisia, Egypt, Pakistan, Malaysia, and the United States, as well as Yemen.
Unauthorized "private" prisons are a problem. Most such prisons are in rural areas controlled by tribes, and many are simply a room in a tribal sheikh's house. Persons detained in such prisons often are held for strictly personal or tribal reasons and without trial or sentencing. There are credible reports of the existence of private prisons in government installations, although these prisons are not sanctioned by senior officials. In July 2000, Mohamed Naji Alao, a parliamentarian and founder of the human rights NGO the Organization for the Defense of Human Rights, discovered that several private prisons were being operated at government facilities in Sana'a. He reported them to the President, who immediately ordered the unlawful prisons closed and the offenders arrested. In April 1999, the chairman of the Sana'a governorate prosecutor's office, Salem Ahmed al-Shaiba, inspected several illegal prisons operated by the Sana'a governor's office and sent his findings to the Attorney General. According to al-Shaiba's findings, 19 individuals had been imprisoned beyond their legal sentence; several prisoners were detained in handcuffs illegally; numerous individuals were detained illegally in connection with civil or commercial cases or because they had disobeyed a tribal sheikh; and 43 persons from the Shibam al-Gharas region were being detained on the same charge (shooting at a truck).
In 2000 the Government issued directives intended to align the country's arrest, interrogation, and detention procedures more closely with internationally accepted standards. For example, the Ministry of Interior created detention and interrogation centers in each governorate (including four in Sana'a), to prevent suspects from being detained with convicted criminals. The Government also formally instructed police and prison officials that detainees be provided adequate food, that prisoners be released upon completion of their sentences, and that juveniles (with the exception of those convicted of murder) be incarcerated in facilities separated from adults. In addition the Government created a female police force and developed regulatory guidance for their activities to better respond to the needs of female prisoners and female victims of crimes. The Government's directives generally were implemented in practice.
In November the President celebrated the Islamic holy month of Ramadan by arranging for the release of a reported 3,500 prisoners. All of those prisoners had been released by year's end 2001. Other releases began in January 2000, when the Government's Supreme National Committee for Human Rights led a government initiative to establish and finance, along with private sector contributions, a special "charity fund" to be used to enable the release of prisoners who, in keeping with tribal or Islamic law, were being held in prison pending payment of restitution to their victims, despite having completed their sentences. In 2000 the President appointed a high-level interministerial committee, chaired by the Minister of Interior, to inspect all major prisons in the country, both to identify prisoners whom the fund could help and to investigate conditions. The inspection committee immediately released persons being held illegally, developed recommendations for reform, and arranged for the eventual release during 2000 of over 1,000 prisoners who had been held beyond their sentences (in violation of the law) until they could pay restitution.
The Government tightly controls access to detention facilities by NGO's, although in some cases it permits local and international human rights monitors access to persons accused of crimes. In 2000 the International Committee of the Red Cross (ICRC), with the Government's full cooperation, conducted a comprehensive inspection of the country's major prisons. While serious problems remain, the ICRC acknowledged the Government's commitment to penal reform and noted that the Government had made significant improvements since the 1995 ICRC inspection, especially with regard to the incarceration of persons with mental disabilities.
The PSO does not permit access to its detention centers.
WOMEN
The law provides for protection against violence against women; however, such provisions rarely are enforced. Although spousal abuse reportedly is common, it generally is undocumented. Violence against women and children is considered a family affair and usually is not reported to the police. In the country's traditional society, an abused woman is expected to take her complaint to a male relative (rather than the authorities), who should intercede on her behalf or provide her sanctuary if required. One survey conducted by Sana'a University and the Dutch Ministry of Justice found that nearly 50 percent of the 120 women interviewed stated that they had been beaten; 1 in 5 claimed to have been threatened with death. Despite the high incidence rates reported, only 3 percent of women had ever sought help from an outsider or the police. The only institutionalized aid program for victims is a small shelter for battered women in Aden.
Rape is prohibited by law; however, it is a widespread problem.
The press and women's rights activists only recently have begun to investigate or report on violations of women's rights. NGO-sponsored conferences in April and September attempted to raise the media's awareness of violence against women. The Women's Forum on Research and Training, with assistance from a foreign embassy, conducted a workshop on domestic violence for security and NGO officials in September. The issue of violence against women became a topic of heated public debate in 2000 following the murder of two female students at Sana'a University's medical school and extensive press reports documenting the authorities' dismissive treatment of the female students' concerns and inadequate attention to their security.
Prostitution is illegal; however, it occurs in practice.
The Penal Code allows for leniency for persons guilty of committing a "crime against honor," a euphemism for violent assaults or killings committed against a female for her perceived immodest or defiant behavior. Legal provisions regarding violence against women state that an accused man should be put to death for murdering a woman. However, a husband who murders his wife and her lover may be fined or imprisoned for a term not to exceed a year. Despite the apparent sanctioning of honor killings, most citizens, including women's activists, believe the phenomenon is not widespread. Some Western NGO's claim that the practice is more prevalent, but admit to a lack of evidence to support such claims.
Female genital mutilation (FGM), which is condemned widely by international health experts as damaging to both physical and psychological health, is practiced by some citizens. According to a 1997 demographic survey conducted by the Government, nearly one-fourth (23 percent) of women who have ever been married have been subjected to FGM. However, the prevalence of the practice varies substantially by region. Citizens of African origin or those living in communities with heavy African influence are more likely to practice FGM. For example, according to the survey, approximately 69 percent of women living in coastal areas were subjected to FGM, compared with 15 percent in mountainous regions, and 5 percent in the plateau and desert regions. The procedure mainly is confined to excision, with infibulation being practiced only among East African immigrants and refugees. FGM rarely is reported among Shaf'ai Sunnis, and the Zaydi Shi'a reputedly do not practice it at all. The Government's publication of the data on FGM was an important first step in addressing this problem. In January the Cabinet issued a decree making it illegal for public or private health service practitioners to practice FGM, and some government health workers and officials continue to discourage the practice actively and publicly. However, FGM technically remains legal, and local women's groups have not adopted the problem as a major concern.
Women face significant restrictions on their role in society. The law, social custom, and Shari'a, as interpreted in the country, discriminate against women. Men are permitted to take as many as four wives, although very few do so. By law the minimum age of marriage is 15. However, the law largely is not enforced, and some girls marry as early as age 12.
The law stipulates that the wife's "consent" to the marriage is required; "consent" is defined as "silence" for previously unwed women and "pronouncement of consent" for divorced women. The husband and the wife's "guardian" (usually her father) sign the marriage contract; in Aden and some outlying governorates, the wife also signs. The practice of bride-price payments is widespread, despite efforts to limit the size of such payments.
The law provides that the wife must obey the husband. She must live with him at the place stipulated in the contract, consummate the marriage, and not leave the home without his consent. Husbands may divorce wives without justifying their action in court. A woman has the legal right to divorce; however, she must provide a justification, such as her husband's nonsupport, impotence, or taking of a second wife without her consent. However, the expense of hiring a lawyer is a significant deterrent, as is the necessity for rural women to travel to a city to present their case. A woman seeking a divorce also must repay the mahr (a portion of her bride price), which creates an additional hardship. As a woman's family usually retains the mahr, the refusal by a family to pay the mahr effectively can prevent a divorce. The family's refusal to accept the woman back into the home also may deter divorce, as few other options are available to women. When a divorce occurs, the family home and older children often are awarded to the husband. The divorced woman usually returns to her father's home or to the home of another male relative. Her former husband must continue to support her for another 3 months, since she may not remarry until she proves that she is not pregnant.
Women who seek to travel abroad must obtain permission from their husbands or fathers to receive a passport and to travel. They also are expected to be accompanied by male relatives. However, enforcement of this requirement is not consistent.
Shari'a-based law permits a Muslim man to marry a Christian or Jewish woman, but no Muslim woman may marry outside of Islam. Women do not have the right to confer citizenship on their foreign-born spouses; however, they may confer citizenship on children born in the country of foreign-born fathers.
According to a 1995 Interior Ministry regulation, any citizen who wishes to marry a foreigner must obtain the permission of the Ministry. A woman wishing to marry a foreigner must present proof of her parents' approval to the Interior Ministry. A foreign woman who wishes to marry a citizen man must prove to the Ministry that she is "of good conduct and behavior," and "is free from contagious disease." There are no corresponding requirements for men to demonstrate parental approval, good conduct, or freedom from contagious diseases. Although the regulation does not have the force of law and is applied irregularly, some human rights groups have raised concerns about it.
According to 2000 Government statistics, approximately 68 percent of women are illiterate, compared with approximately 28 percent of men. The fertility rate is 6.5 children per woman. Most women have little access to basic health care. Only approximately 22 percent of births are attended by trained health-care personnel. In some cases, women do not use clinics because they are unable to afford them or reach them from their remote villages, have little confidence in them, or their male relatives or they themselves refuse to allow a male doctor to examine them. Donor-funded maternal and child health programs attempt to address these issues through programs designed to train midwives who serve rural populations.
CHILDREN
While the Government asserts its commitment to protect children's rights, it lacks the resources necessary to ensure adequate health care, education, and welfare services for children. The Government does not provide free medical care to children. The UNDP estimates that 30 percent of children are malnourished; a 1997 demographic study by the Government put this figure at 50 percent, and indicated that half of all children under 5 years of age exhibit stunted growth. The infant mortality rate in 1999 was 75 deaths per 1,000 births, down from 105 per 1,000 in 1998. Male children receive preferential treatment over female children; after the age of a year, male children have a 12 percent greater chance of survival than females, a result of the comparative neglect of female children.
The law provides for universal, compulsory, and free education from ages 6 to 15; however, the provision regarding compulsory attendance is not enforced. Many children, especially girls, do not attend primary school. According to a UNDP report released during the year 2001, average student attendance in primary schools is 76 percent for boys and 40 percent for girls. In rural areas, 52 percent of children attend school; the rate in urban areas is 81 percent. Education for females is not encouraged in some tribal areas, where girls often are kept at home to help their mothers with childcare, housework, and farm work. According to UNICEF's "Report on Children and Women in Yemen: 1998," an estimated 40 percent of primary-school-age children (ages 6 to 15) do not attend school. Some rural areas have no schools for their school-age population. In 1998 to encourage girls' attendance at school, the Government passed a law that eliminated school fees and the requirement of uniforms for girls. According to the UNICEF report, enrollment of girls in school increased by 4 percent in 1998.
In 1999 following an inspection of Sana'a central prison, the Supreme National Committee for Human Rights arranged for minors who previously had been incarcerated with adults to be incarcerated separately in two age groups: 11 to 14 years old; and 15 to 18 years old. Fifty juvenile inmates were moved from the prison to an orphanage run by the Ministry of Social Affairs, where they attend school and participate in other activities. The committee also initiated a project, with the support of local businessmen, to build the country's first youth reformatory. In February the U.N. High Commission on Human Rights and the Government entered into a mutual agreement to develop specific programs to address the problem of juvenile delinquency by establishing a national mechanism for the administration of juvenile justice.
Child marriage is common in rural areas. Although the law requires that a girl be 15 years of age to marry, the law is not enforced, and marriages of girls as young as age 12 occur.
Child abuse is not prohibited by law, and it was a problem.
Child labor was common.
Female genital mutilation (FGM) was practiced mainly on young girls.
The new Minister of State for Human Rights stated in April that the issue of children's rights would be at the top of her agenda. In 2000 the Prime Minister established the Higher Council of Motherhood and Childhood (HCMC), a semiautonomous interministerial entity responsible for formulating policy and programs to improve the status of children. The HCMC participates in the World Bank's Child Development Program and the Arab Council for Childhood and Development's program for street children.
TRAFFICKING IN PERSONS
The law prohibits trafficking in persons, and there were no reports that persons were trafficked to, from, or within the country.
ACKNOWLEDGEMENTS
Internet research assisted by Melissa Brannen