Armies of Liberation

Jane Novak's blog about Yemen

al-Khaiwani, al-the time

Filed under: General, Yemen — by Jane Novak at 9:00 am on Tuesday, January 4, 2005

In Sunni majority Yemen, many Shiites live in the largely ungoverned tribal region. They are heavily armed and anti-US and anti-Israel. A few months ago, there was a limited rebellion against the Yemeni government.

The government brutally put it down. In addition to sending troops, President Saleh bombed his own country for many days. Official estimates are 400 civilians were killed. Rumors are several thousands of civilians were killed. There was a widespread popular outcry in Yemen about these tactics.

Adbulkarim Al-Khaiwani’s newspaper al-Shoura published an oped reflecting the popular sentiment. It was harshly critical of the government and its handling of the rebellion. This is al-Khaiwanis crime: publishing an oped criticizing the death of civilians.

Another oped (also written by someone else) criticized the fact that Saleh has been president since 1997. Many believe Saleh is staying in power until his son turns forty and can become president then. In the last “election,” Saleh ran against a minor member of his own party.

The true opposition is the socialists left over from the communist days before the reunification of North and South Yemen. The Sunni Islamist party rumored to support al-Queda is allied with Saleh’s party and part of the ruling majority. There’s also a way extremist university operating openly.

The fact is al-Khaiwani is in jail for opinion pieces published in his newspaper. He is literally charged with “insulting the president.” He was prohibited from seeing his lawyer and raising a defense at his trial. His appeal has been delayed 5 times. He’s been beaten in jail, once resulting in a broken jaw. His paper was banned from publishing. I’m not saying he’s Gandhi but I know he’s been pushing for a democratic Yemen. The Yemeni government is abusing its own laws in the way its treating him. He’s in jail for his opinions.

Additonally, several other newspapers have been shut down just in the last few months and many other journalists brought in for questioning. Some received suspended sentences. Other journalists are on the run. Numerous journalists have been assaulted on the street. The owner of the independent printing press that many papers shared and a major opposition newspaper editor himself was mysteriously murdered in December, shot in the head in his home. In a country that used to have one of the freest press, this crackdown as brought a chill to the free expression of opinion. I used to be able to get my pro-democracy stuff published there regularly. But now its chill city.

Its a crazy world and I’m confused about many things. One thing I’m certain of is a free press results in a healthier society and that all people have the right to say what they believe. The country of Yemen once on the path to reform is moving backwards, away from democracy. The dictatorship is becoming more entrenched.Consider signing the petition.

The following article in the Yemen Observer details yemen’s press law. I’m pasting the whole thing because their links tend to die out after a week or two.

“Journalists in Yemen are expressing concern over harsh attacks against media freedom. They complain that part of the problem is the 1990 Press and Publications Law, which they say is full of taboos and prohibitions, including prison sentences.
At a recent roundtable discussion held at the journalists’ syndicate in the capital Sana’a, they warned of hard times ahead for local media as the government debates amendments on the present law.
The situation looked set to improve when President Ali Abdullah Saleh specifically demanded in June 2004 a removal of the clause allowing the imprisonment of journalists.
However, contrary to the hopes of the media community, change in the law has not been completed and allegations and prosecutions of publishers, editors and journalists have risen in the second half of 2004, according to the Centre for Training and Protection of Journalists’ Freedom (CTPJF).
“It [2004] was the worst year for press freedom and journalists in Yemen, Mohammed Sadeq Al-Udaini, director of the CTPJF, a local NGO, told IRIN in Sana’a.
He said that the CTPJF reported over 120 cases of violations against journalists in the country, adding that this marked the most ruthless attack on press freedom since the country’s unification in 1990.
Yemen, a fledgling democracy, is one of the Middle East’s poorest countries and is struggling to implement market reforms to boost the economy and to fight widespread corruption.
In theory, the constitution provides for freedom of speech and the press “within the limits of the law”. However, the government has been accused of attempting to influence the media and restrict its freedom.
Also, by law, the publication of “false information that threatens public order or the public interest” or “false stories intended to damage Arab and friendly countries or their relations with Yemen” is punishable by fines and sentences of up to five years in jail.
The current law is full of other shortcomings that constitute a major hindrance for the press to operate freely, journalists claim. For example, to establish a newspaper/magazine, one has to get a license from the Ministry of Information (MoI).
There are huge financial burdens involved in starting a paper. The Minister of Information’s Decree No. 9 in 1998 states that for establishing a paper or a magazine, the publisher’s capital should amount to US $10,810 for a daily newspaper, $3,783 for a weekly paper, $6,486 for a weekly magazine and a periodical and $540 for an advertisement bulletin.
This gives the ministry the power to withdraw or deny a license. Ahmed Saleh Hashed said that the MoI refused to give him a license to run an independent newspaper.
“I am afraid that the potentially amended law might be full of obstacles, mainly stipulating high capital as a pre-condition to get the license. I think that the journalists’ syndicate should take the initiative and draft a new, more liberal code,” he told IRIN while participating in roundtable discussion, entitled “Reality of the Press Legislations and Horizons of Expression”.
For its part, the Yemeni journalists’ syndicate is very worried about the deteriorating record of press freedom in the country. “It has become very clear that journalists are working in a rather risky environment. Most of the court verdicts came as a result of lawsuits fabricated by the government against the media,” Sami Ghaleb of the journalists’ syndicate board told IRIN.
“The current law does not go in line with international treaties as it is based on a totalitarian culture. It criminalizes criticizing the president—this is found only in totalitarian regimes or monarchies. The press law should be in line with the idea of pluralism,” advocate Mohammed Allawi told IRIN.
“It is fine that the president ordered the removal of the clause relating to journalists’ imprisonment. We, as lawyers and journalists, should take this and build on it,” he added.

2 Comments »

1

Comment by Wm Campbell Brown

3/4/2005 @ 10:06 am

Criticism is not a crime, but the suppression of criticism is. It is also an admission of the truth of the criticism.

2

Comment by Jane

3/4/2005 @ 10:10 am

Good point.

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