26 July 2013

Yemen : Implementation of Key Human Rights Committee recommendations falls short

More than a year following its review by the UN Human Rights Committee – responsible for mentoring implementation of the International Covenant on Civil and Political Rights – Yemen has failed to implement priority recommendations highlighted as urgent, Alkarama noted in a report provided to the Human Rights Committee during its 108th session which finished today. Yemen has also demonstrated lack of will to cooperate with the Committee, as it has not provided any follow up information on how it has taken steps to implement urgent recommendations, information which is 3 months overdue already.

Alkarama visited Yemen in February 2013 to monitor how Yemen was implementing its international obligations. It noted several issues as remaining particularly problematic, despite steps taken in the right direction by several ministries in the country.

Of key concern were the establishment of a national human rights institution, which has not progressed; the ongoing violations committed during counter-terrorism operations; the excessive use of force by security agencies against protestors; the lack of independence of the judiciary; arbitrary detention and abysmal detention conditions; and finally, persecution, judicial or other, of journalists.

The story of Ms Raja'a Al-Hakami is a striking example illustrating the malfunctioning and corruption of the judicial system, as well as highlighting the ongoing problem of arbitrary detention in the country. After killing a man in self defense after he broke into her bedroom and tried to rape her, Raja Al-Hakami was arrested end of October 2010 and was first sentenced to two years in prison by the district court of Ibb. Following an appeal by the assaliant's family, who were known to be influent with the local authorities, Ms Al-Hakami was sentenced to the death penalty. Ms Al-Hakami is still detained to date, waiting her final appeal to be examined by the Supreme Court.

What's more, detention conditions are notorious, as the report illustrates. Riots broke out in 2012, beginning as protests against abysmal detention conditions. Desperate at the lack of improvements, inmates have been known to cut their ears or fingers, or have started fires to obtain changes, which are yet to come. While the Ministry for Human Rights has undertaken measures, for example by carrying out visits to places of detention, these fall short of the profound change that is required, which necessitate support from the entire government.

The National Dialogue Conference, which encompasses all political forces in Yemen, is currently taking place. This is an essential moment for ensuring human rights norms and standards are integrated into the legislative and policy fabric of the country. Leaders should look to the recommendations issued by international human rights bodies, including the Human Rights Committee, which is scheduled to review Yemen again in 2016. Alkarama intends to monitor developments closely, and provide reporting on implementation on Yemen's obligations under the covenant.

Yemen - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 09.02.1987
Optional Protocol: No

State report: Due on 30.03.2015 (6th)
Last concluding observations: 23.04.2012

Convention against Torture (CAT)

CAT: Accessed on 05.11.1991
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 14.05.2014 (3rd)
Last concluding observations: 17.12.2009

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 01.2014 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

No