Yemen: Alkarama UPR Report Highlights Ongoing Violations despite Transition

17 Jul 2013
Despite significant undertakings by several ministries in Yemen, a number of serious human rights violations continue in the country, Alkarama's most recent report on Yemen said. Submitted to the United Nations' Office of the High Commissioner for Human Rights earlier this month, in view of Yemen's second Universal Periodic Review by the UN Human Rights Council, the report highlighted Alkarama's main concerns – namely impunity, extrajudicial executions in the context of counter-terrorism operations, especially through the use of U.S. drones, use of torture and terrible prison conditions as well as arbitrary detentions, the failures of the justice system, as well as attacks on freedom of expression, namely the harassment of journalists.
Yemen is currently undergoing a transitional phase following the departure of President Ali Abdullah Saleh in 2011. The National Dialogue Conference, which was attended by over 500 representatives of the majority party in Yemeni society, began its work in March 2013 and aims to draft a new constitution and hold general elections in 2014. This is an opportune time to make headways against the country's major human rights challenges, the report pointed out, aiming to identify key concerns that must be addressed as a priority. A major concern, set out in the report's recommendations, is the immunity offered by the January 2012 amnesty law guaranteeing impunity for those responsible for violations of the right to life and other serious violations committed during the 2011 revolution.

As for other concerns, Yemen was initially examined under the UN's Universal Periodic Review process in May 2009. During the review, Yemen agreed to implement more than 130 recommendations. These included to "[T]ake all measures to ensure that the counter-terrorism efforts in Yemen are applied in accordance with human rights obligations," made by Sweden. However, as set out in the report, since 2009 drones and other air strikes continue, leading to numerous civilians deaths, and these deaths are not being investigated despite requests by local civil society organizations. Alkarama therefore recommended that "Yemeni forces should immediate cease extrajudicial executions, or the granting of authorization to commit such executions on Yemeni territory to foreign forces."

The report also recalls the ongoing issue of torture, prison conditions and ongoing arbitrary detention in Yemen. A key recommendation accepted by Yemen in 2009 was to "[E]nsure that all detained persons have prompt access to a doctor and a lawyer, as well as contact with their families, at all stages of detention, and that detainees held by the Political Security Department be given prompt access to legal advice and information." Unfortunately, these fundamental guarantees have still not been satisfied and conditions of detention do not meet internationally accepted minimum standards. Arbitrary detention is also a key concern, as it was in our initial report in 2009, with 47 people still being held without charge for participating in peaceful demonstrations during the 2011 revolution, despite former President Hadi's decision that they should be released.

Endemic corruption in the judicial system and harassment of journalists were also highlighted. While Yemen promised in 2009 to "[P]ursue its efforts to combat administrative and financial corruption," there are multiple examples of judicial corruption, leading to travesties of justice. The case of Raja'a Al-Hakami, mentioned in the report is one such example: she is currently appealing the death sentenced issued against her after she killed a man who broke into her home and attempted to rape her in self defense. The attacker's family had close links to judicial authorities in her province. The lack of independence of the judicial system is also problematic when it comes to freedom of expression, as multiple journalists face various forms of harassment, including judicial.

The second Universal Periodic Review of Yemen is an opportunity to highlight these problems, and to encourage the Yemeni authorities to tackle these issues in a comprehensive way. That is way Alkarama suggests the following recommendations be put to the delegation during the review in February 2014:

The amnesty law guaranteeing impunity for those responsible for violations of the right to life and other serious violations committed during the 2011 revolution adopted on 21 January 2012 should be repealed.

Yemeni forces should immediate cease extrajudicial executions, or the granting of authorization to commit such executions on Yemeni territory to foreign forces.

Impartial and transparent investigations into extrajudicial killings, as well as criminal proceedings against any person responsible for violations of the right to life should be initiated.

Implementation of all provisions of the Convention against Torture, without exception, including the opening of investigations and punishment of those responsible for torture and ill-treatment

Adequate compensation to all victims, or next of kin where necessary, for serious violations of human rights should be granted.
Yemen