Serious Human Rights Violations in Yemen: Amnesty
Amnesty International expresses concern about human rights situation in Yemen
Yemenonline-Nov 12,2008- In its submission to the UN Universal Periodic Review in the Fifth session of the UPR Working Group of the Human Rights Council on May 2009,Amnesty International expresses concern about human rights situation in Yemen.
The report criticized continuing pattern of serious human rights violations, including the extensive use of the death penalty; restrictions on the peaceful exercise of the rights to freedom of expression, association and assembly; and discrimination and violence against women, which would be exacerbated if the proposed new laws and amendments to existing laws .IntroductionThrough its executive, legislative and judicial branches the government is in the process of preparing new laws and revising current laws. This process will impact on the framework of protection of fundamental human rights. Some of the proposed new legislation fails to conform to the requirements of international human rights law and, if implemented, could seriously undermine the many positive features of the human rights framework in Yemen. These proposals also have to be seen in the context of existing laws and practices that are in violation of Yemen’s obligations under international human rights law. B. Normative and institutional framework of the State: Failure to bring laws into line with international standards The government has initiated a review of the Constitution and a number of existing laws and has proposed new draft laws, including to counter terrorism. Laws put forward for review include the Penal Code (PC)[1] and the Press and Publication Law (PPL).[2] The new draft laws include a Counter Terrorism Law (CTL) and a Money Laundering and Financing of Terrorism Law (MLFTL). Human rights defenders in Yemen perceive both threats and opportunities in these legislative proposals. The new laws could be used to undermine the many important human rights achievements in the country since the establishment of the Republic of Yemen in 1990 (following unification of the then People’s Democratic Republic of Yemen and the Yemen Arab Republic) and Yemen’s adherence to its obligations under international human rights law.
Yet, Yemeni human rights defenders also see the proposed new laws as providing an opportunity to enhance the protection of human rights framework, which has seen the state’s ratification of many key international human rights treaties;[3] general respect for freedom of expression, association and assembly; criminalization of arbitrary arrest, detention and torture; and legal protection of the right to fair trial. Concerns that the legislative proposals may impact negatively on the current human rights framework are based on the assessment that they would expand the scope of the death penalty, criminalize legitimate freedoms, extend executive powers and the use of special procedures, and further entrench discrimination against women. The death penaltyIn addition to proposing an expansion in the scope of application of the death penalty, the new draft legislation would decrease further the few safeguards provided in the PC. Currently, the PC prescribes the death penalty under Shari’a law (Islamic Law) for murder (Qisas) and Hudud (divinely prescribed fixed offences and punishments), including for apostasy and adultery (where the punishment is death by stoning) and Hiraba (rebellion, unlawful war, spreading disorder on land), in addition to numerous capital offences related to state security. All of these capital offences are retained under the draft legislation and nine additional capital offences have been proposed; three as amendments to the PC[4] and six in the new CTL.[5]
