Yemen

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9. Yemen GENERAL, POLITICAL AND LEGAL OVERVIEW Yemen is still in the throes of a transitional period that began in 2012 when Abd-Rabbu Mansour Hadi assumed presidency, following widespread protests that overthrew his predecessor Ali Abdullah Saleh.

This tumultuous period ended with a political agreement on the implementation mechanism for the transition process in Yemen in accordance with the initiative of the Gulf Cooperation Council (GCC)87.

A restructuring of the army and security forces and a national dialogue encompassing all political parties followed. The dialogue was wrapped up in early 2014 with an agreement to establish a union state settling the grievances of southern Yemenis and extending President Hadi’s term until such time as a referendum on the constitution could be held and new legislations passed to ensure a smooth transition and fresh elections.

It was also agreed that the Parliament and Prime Minister would remain in power until all these conditions had been fulfilled. President Hadi was 87 http://www.al-bab.com/arab/docs/yemen/ yemen_transition_agreement.htm

granted greater powers to appoint ministers and government officials away from the partisan politics of the Gulf Initiative. Conflicting political factions succeeded in settling some of their differences through dialogue.

Unfortunately, the reluctance of some armed groups to give up their weapons as well as foreign interference, has cast shadows on the political scene in Yemen.

The Security Council unanimously adopted resolution 2140 (2014) welcoming recent progress in the country’s political transition and expressed strong support for the completion of further reforms88. Among them were drafting a new constitution and holding a referendum, as well as general elections. However, serious mistakes were made that threatened the state of peace and human rights in the country, including the decision to pass a law which granted amnesty to former president Ali Abdullah Saleh and many of his aides. This was described as a violation of Yemen’s international legal obligations since it offered Saleh immunity from prosecution for the crimes committed under his rule.

The Government also failed to disarm the militia Houthis, eventually leading to the fall of Sana’a and other Yemeni cities. Instead of opening channels of dialogue with al-Qaeda, the Government opted to crack down on the group with severe brutality 88 http://www.un.org/press/en/2014/sc11296.doc. htm

76 that eventually led to an increase in violence and the death of many civilians. US drone attacks have also resulted in the death and injury of hundreds of innocent civilians. Living standards continued to deteriorate during 2014 and were made even worse by the Government’s decision to lift all fuel subsidies without offering any alternatives.

a survey of Yemen’s commitment to its local and international legal and human rights obligations reveals that the civil, economic, social, political and cultural rights of civilians are being systematically and regularly violated.

This may be due to the conflict between varying traditional elements within Yemeni society or the unstable political transitional period.

Yemen has ratified eight major international agreements including the International Covenant on Civil and Political Rights and the United Nations Convention Against Torture. On 11th June 2013, the Yemeni Government decided to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute of the International Criminal Court.

The Ministry of Human Rights has strived to fulfil its legal commitments, including those related to the transitional period, by drafting a national strategy for human rights and preparing the rules and regulations of the Independent National Commission for Human Rights in collaboration with civil society institutions. The Government also drafted a number of laws, such as those pertaining to transitional justice, reclaiming embezzled funds and media freedom.

According to government pledges, the Parliament is currently drafting laws to combat human trafficking and will soon draft laws on enforced disappearance, anti-torture, and other human rights issues89.

A committee formed by President Hadi is currently drafting a new constitution. The 1991 constitution is, according to many observers, one of the best Arab constitutions. Human rights activists are hoping that the new constitution will contain all the human rights guarantees provided for in the 1991 constitution. Yemeni laws include important human rights guarantees, especially those related to detention, arrests and the wellbeing of detainees.

They also prohibit extrajudicial killings.

The constitution makes it incumbent upon any government to protect people against any threat to their lives such as the violent acts committed by armed groups and US drone attacks. However,

Despite Yemen agreeing to the 166 recommendations included in the UN Human Rights Periodic Universal Review in January 2014, there is deep concern that Yemen is not serious about implementing them and there has been a request to form a fact89 http://www.ohchr.org/EN/HRBodies/HRC/ RegularSessions/Session26/Documents/A_ HRC_26_8_ENG.DOC

77 finding mission that can investigate crimes and violations committed in Yemen. Yemen has also been reluctant to integrate these recommendations into the National Human Rights Scheme, which is expected to be ready before the end of 201490.

Although the Government announced it was launching investigations into human rights violations, no findings have been announced thus far. Nor has 2014 witnessed any real progress in the work of these investigation committees, including the one formed in 200991.

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary arrests and absence of fair trial

Arbitrary arrests are one of the main concerns for human rights activists.

The violent clashes in the north and south of the country have led to major human rights violations including the arbitrary arrest of hundreds of Yemenis by both the Government and armed militias.

90 http://www.elwatannews.com/news/ details/507759 [Elwatan News: “ Cairo Institute “ Yemen is in need to take serious steps to improve the human rights situation (Arabic Source)] 91 http://www.elwatannews.com/news/ details/507759[Elwatan News: “ Cairo Institute “ Yemen is in need to take serious steps to improve the human rights situation (Arabic Source)]

The Government crackdown on al-Qaeda was marked by the indiscriminate arrest of hundreds of Yemenis in al-Baida, Abeen and Shabwa Governorates. In May 2014, authorities arrested four minors during a campaign in the Thi-Na’im region in search of terror suspects. The Ministry of Interior claimed they were al-Qaeda members. A statement published on the ministry’s news page claimed that a joint Special Forces team succeeded in arresting four dangerous al-Qaeda members. The statement added that the four men were airlifted to Sana’a where they were handed over to the Government. The families of the youths, however, told a different story. The four youths were minors and had been taken as hostages to force the families to hand over men wanted for being al-Qaeda members. The Government’s story was an attempt to cover up the failure of the military operations in arresting al-Qaeda operatives. The public prosecutor could not find any evidence linking the four children to al-Qaeda. The four minors are 10-year old Jalal Mohammed, 12-year old Abdurabbo Mohammed, 14-year old Mohammed Abdullah, and 14-year old Abdullah Mohammed. The four boys forcefully disappeared for weeks and were not allowed to call their parents or lawyers.

Other cases include the following: 1. On 5th June 2014, security forces raided the home of 26-year old AlBara’ Abdulrahman Ahmed Hmoud al-

78 Miklafi in the north of Sana’a. Al-Bara’ was taken to an unknown location after his house was searched, and his family, including children, were terrorised. The arrest took place without a warrant or any legal documents. Al-Bara’ forcefully disappeared without trial to secret government prisons until his release a few weeks later.

2. On 17th March, Samir Hasan alSamaiee, a teacher from Ta’iz, was abducted by the director of al-Masoora Security Directorate in al-Baida’ Governorate, Mohammed al-Rassas.

He was taken to the directorate prison where he was held for a few days.

Samir was tortured until he gave a false testimony in a case involving disagreements between al-Rassas and some of his relatives92.

3. On 31st March, Mohammed Ahmed al-Hareebi was abducted and held for 33 weeks in a secret prison belonging to the Yemeni State Security.

According to his family, he was brutally tortured and abused while in prison93.

4. On 24th June, the Alkarama Foundation issued an urgent appeal to the UN Working Team on Enforced or Involuntary Disappearances to update them on the status of Jamal 92 http://adenalghad.net/printpost/98336/ [ Aden al-ghad: A teacher in al-Baida’ was subjected to torture and regional discrimination practises (Arabic Source)] 93 http://ar.alkarama.org/yemen/press-releases/ item/4814-2014-08-03-16-04-57 [Alkarama Organisation: The kidnapping of al-Hareebi once again before recovering from the effects of the previous kidnapping and torture (Arabic Source)]

al-Dabibi who forcefully disappeared inside a central prison in Sana’a. AlDabibi was serving a prison sentence issued against him on the basis of false confessions extracted under torture.

The whereabouts of al-Dabibi remains unknown.

5. Army and security forces also arrested hundreds of Yemenis in the Ad’Dali’ Governorate and looted shops and homes.

6. Many of those who took part in the popular protests in 2011 are still under arrest without trial.

The Amran province has witnessed a number of attacks by the Houthis.

According to media and human rights sources, Houthi militants abducted many Yemenis after they seized control of the area. Houthis launched a wide campaign of arrests and abductions in July 2014 in the Amran province and other neighbouring areas. Scores of civilians, army officers and journalists opposed to the Houthis were abducted. Despite a visit by President Hadi to the province, which he claimed was still under government control, the violations against locals remained rampant with the Government taking little, if any, action. Many have construed this as evidence that the Government is in cahoots with the Houthis.

Cases include the following: 1. On 31st July, photojournalists Yusuf Hazeb and Yusuf al-Qamhi were snapping photos of the damage

79 inflicted on a civilian home following the break out of violence when Houthi militants took them to a special detention centre where they were held for four days. The two men were interrogated and terrorised before being released. All their equipment was confiscated. They also revealed that they were held at the Amran football stadium, converted by the Houthis into an open prison where hundreds of abducted Yemenis are kept. The Journalists Syndicate referred to the arrest of photojournalists Yusuf Hazeb and Yusuf al-Qamhi and the confiscation of their equipment as an act of thievery.

2. In early August, Houthi militias executed Fouad Saleh in the Amran province after he was held in a Houthi detention centre in the Habbour area.

3. On 24th August, Houthi militants arrested the president of the Teachers’ Syndicate in the Amran province and member of the opposing al-Islah party, Saleh al-Hamzi. The director of alAwqaf, Mahdi al-Rimi was also arrested and expelled from the province after being threatened with death in the case of his return.

4. In early September, Houthi militias abducted the director of the social department in the al-Islah party, Hussein al-Barid. They took his personal belongings and sent him to a detention centre.

Human rights violations have not been limited to political opponents. A

number of artists and singers were also abducted and threatened.

Al-Qaeda armed groups are also still active in Yemen. Four men from the Abeen Governorate are still being held by al-Qaeda after being abducted in May 2012, despite many pleas from their families and human rights organisations. The Alkarama and Houd organisations said that the four youths, Nasser al-Qurshi, Saleh al-Mojmal, Ayman Bin Jadi and Osama al-Zubaidi, were not prisoners of war or soldiers, but four young men who were abducted by Ansar al-Sharia, a group affiliated with al-Qaeda. They forcefully disappeared until September 2014 and were prevented from contacting their families who had no idea of their whereabouts.

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Acting with impunity

The Yemeni Government continuously fails to account for the atrocities it commits. For example, Yemen’s record of failures includes its inability to deal with the attack on the Ministry of Defence on 5th December 2013. The committee investigating the attack documented army losses alone, without any reference to civilians. The first report revealed that 12 of the attackers were killed and that most of them were Saudi nationals without referring to any later arrests. No second report was ever released.

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The right to racial equality In July 2014, HRW expressed its deep concern over the Yemeni Government’s decision to deport the Ethiopian opposition leader Andargachew Tsige. Tsige had been sentenced to death in absentia in separate trials in Ethiopia in 2009 and 201294. Human rights organisations have also documented the detention of African migrants in torture camps and called upon Yemeni authorities to bring those responsible to justice. In a report published in May 2014, HRW revealed that traffickers abduct African migrants to extort payments from their poverty-stricken families. According to the report: “When you see traffickers drag migrants into trucks in broad daylight, you realise authorities are complicit in the abductions.” In another report, HRW criticised the detention of 142 people for failure to repay debts.

The organisation demanded that imprisonment be limited to real crimes.

The right to freedoms of the press and expression •

Press

Army operations against al-Qaeda coincided with a fierce campaign against news reporters attempting to provide a balanced coverage of events. The Government instructed the 94 http://www.hrw.org/news/2014/07/07/ ethiopia-fears-safety-returned-oppositionleader-0

press to restrict the coverage to army victories only, without publishing any information about losses. Authorities also removed Al-Jazeera news team from Shabwah Governorate after the Government accused them of falsifying information95.

Foreign reporters have fared no better. On 10th May, the Government deported US journalist Adam Baron without explanation. State officers at the airport refused entry to another American journalist, Teek Roth, deporting him back to the US. Such actions have raised suspicion surrounding the Government and its intentions during this so-called “war on terror”. The Committee to Protect Journalists condemned the decisions and called on the Yemeni Government to allow journalists entry into Yemen.

The National Committee for the Defence of Rights and Freedoms, Houd, issued a statement on 17th May 2014 criticising a government decision to ban journalists from covering the war in al-Baida’, Abeen and Shabwah, commenting that “these violations of press freedoms reflect a totalitarian and backward mentality that wishes to take people back to the era of one source of information.”

On 2nd March, Al Arabiya news team was attacked and prevented from filming. Security forces confiscated all their equipment whilst they attempted 95 http://www.yementimes.com/en/1782/ news/3858/Yemeni-government-blocks-AlJazeera-from-covering-conflict-in-Shabwa.htm

81 to film the arrival of several detainees to court in Yemen.

On 14th June, members of the Presidential Guard stormed the offices of the Yemen Today channel and confiscated all their equipment before announcing the closure of the channel.

Earlier, a crew member from the channel was detained and interrogated by security forces at a checkpoint near President Hadi’s home. The crew was filming a report about checkpoints and terrorist attacks.

In another dangerous precedent, security forces tasked with guarding the US embassy in Sana’a arrested photojournalist Abduljabbar alth Bahri on 4 May. He was taken to the embassy where he was interrogated by a US army officer. He was only released after a group of journalists and human rights activists staged a protest outside the embassy’s gates96.

Violations committed against journalists reached their peak when Houthi armed groups targeted a number of media outlets and journalists with bombings and arrests.

The official Yemen TV building was bombed over a period of three days

by Houthi fighters who also prevented paramedics from reaching the building to help the injured. The Yemeni Journalists Syndicate condemned the 96 http://www.albaldnews.com/news-print6980. html [Albald News: American embassy sends security forces to arrest a reporter, working for Saba agency, on charges of possession of a camera. (Arabic Source)]

bombing of the television building and held the Houthis responsible for any casualties and damages. The Houthis also abducted a journalist from Akhbar Al-Youm newspaper and looted the home of journalist Yihia alThalaya. The International Federation of Journalists expressed shock over the news that the Houthis had bombed the Yemen TV building and demanded an immediate stop to the bombing. The Journalists’ Syndicate also accused the Houthis of committing other human rights violations against journalists.

The Syndicate statements denounced these groups’ total disregard for rights and freedoms and stark violations of press freedoms.

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Assembly

When the Government used lethal force to break up a peaceful demonstration on 9th June 2013, the Government issued a statement announcing it was forming a special committee to investigate the incident.

However, no findings have been released to date.

The right to life and security •

Drones

Extrajudicial killings continue to plague Yemenis. US drone attacks carried out with the backing of the Yemeni Government make up a large number of killings, despite passing a law banning US drones from using

82 Yemeni airspace on 15th December 2013. The US carried out more than 28 drone attacks between January 2014 and September 2014 resulting in the death of almost 100 Yemenis.

Hundreds of others were also injured.

In April 2014, it was announced that an anti-drone organisation had been established by the families of drone victims who are seeking to raise awareness about the devastating effects of drones. This is the first of its kind in the world. On 16th April, US drones attacked two cars carrying 15 people. A Yemeni government statement alleged the men were terrorists. However, it later emerged that they were innocent civilians. No investigation into the incident has been launched nor were the families of the victims compensated.

The Yemeni and US Government justify these attacks by claiming to target pro al-Qaeda armed groups operating in the country. However, the choice of target on each occasion is not subject to government oversight and operations are shrouded in secrecy. Legal experts argue that the two countries are violating Article Six of the International Covenant on Civil and Political Rights by allowing these attacks to continue.

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Indiscriminate bombings, missiles, rockets and displacement

Al-Qaeda fighters have waged many attacks against government and military positions around the country, the bloodiest of which were those targeting the Ministry of Defence complex and the Ardi Hospital in the capital Sana’a on 5th December 2013.

More than 56 people were killed and 215 injured including army officers, judges, doctors, nurses and patients.

Amongst these were several foreigners.

The Government responded by launching a large military campaign against al-Qaeda in several Yemeni governorates. Military officials said the attacks aimed at re-establishing peace and security in those regions.

However, the military campaign led to the displacement of thousands of Yemenis, especially in the Azzan district of Shabwah due to the random nature of the bombings that often hit civilian homes. The Government failed to offer the residents any protection or accommodation when they became displaced.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) announced that more than 980,000 Yemenis live in areas affected by bombings. Most markets, roads and schools in these zones have had to be closed while some health facilities remain open to receive the injured.

According to initial OCHA estimates, fighting in Shabwah has displaced

83 around 24,500 people. According to a local official, most residents are now living under tragic circumstances.

Yemeni authorities have failed time and again to shoulder their responsibilities in terms of protecting civilians and providing the displaced with safe passage.

Government attacks at a checkpoint west of the city of Azzan hit a car carrying Awad Ba’ouda and his family as they attempted to flee indiscriminate bombings. One of his children was killed and his sister and four other girls were injured. The random attacks by army forces inflamed the locals in the cities of Shabwah and Abeen. Local sources in the city of al-Majd said that missiles meant for al-Qaeda positions missed their target and ended up hitting a number of homes and cars.

Activists in al-Zaher posted photos of destruction and rubble in the villages of al-Hmeikan after Katyusha rockets and mortar shells destroyed their homes. The rockets also destroyed a huge number of livestock, which form the livelihood of many villagers.

A number of southern Yemeni governorates have witnessed several extrajudicial killings against peaceful demonstrators and amidst violence between armed groups belonging to the South Yemen Separatist Movement and the Government.

Ad’Dali’ Governorate witnessed a series of violent incidents in the period between January and September 2014 punctuated by indiscriminate

governmental shelling. The incidents began on 27th December 2013 when an army truck fired a rocket towards a condolences tent in Sinah, killing 19 people and injuring 35. All victims were civilians. The Haq Organisation, which defends human rights in Yemen, documented many human rights violations committed in the Ad’Dali’ Governorate during the first three months of 2014. According to Haq, a survey that covered 17 residential areas targeted by military operations disclosed that 28 Yemenis, including women and children, were killed between 16th January and 13th March.

In one incident, a woman and her two children were killed when a rocket hit their home on 5th February in the alAslaf neighbourhood. The father was critically injured. Similarly, a rocket hit a home in al-Jalila killing 16-year old Tammani Qahtan.

The excessive use of heavy artillery by the army has resulted in the death of many civilians and the destruction of private and public buildings.

According to initial estimates, more than 200 homes and shops have been damaged by the bombings in addition to scores of public buildings and mosques. Government authorities have prevented Amnesty International staff and aid relief agencies from entering Ad’Dali’.

The UN High Commissioner for Human Rights, Navi Pillay, and the Security Council expressed their deep concern over the actions of the army. In

84 a statement released on 26th February Pillay said, “I am shocked by a series of attacks led by Yemen’s armed forces in alDhale Governorate that reportedly killed more than 40 persons since December, including at least six children. Claims by Yemen’s armed forces that they were fired upon by armed groups or that their bases were attacked can never justify the use of indiscriminate and disproportionate attacks.”

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Extrajudicial killings

The so-called “war on terror” has also led to an increase in the number of extrajudicial killings by army and security forces near checkpoints. On 11th May 2014, three people were killed and a fourth injured when security forces opened fire on civilians who had been cleared to pass through the checkpoint. The authorities claimed they were suspected terrorists but retracted their statement and apologised for the incident. No one has been brought to trial for these deaths.

In a similar incident, Yemeni security forces killed Hamad al-Shibwani and his nephew Shaif al-Shibwani on 8th May 2014. Security forces announced that Shaif al-Shibwani was a dangerous al-Qaeda terrorist who was suspected of planning and carrying out many terrorist attacks in the capital Sana’a.

The al-Shibwan tribe rose in protest targeting electricity cables and petrol pipelines. The Government was forced to dispatch the Director of

Intelligence Services to hold talks with the tribe. President Hadi announced he was forming a special committee to investigate the incident. The committee concluded the killings were a mistake and the victims were exonerated from all charges of terrorism. The Government was forced to compensate the families of the victims with money, cars and weapons.

Despite being invited to take part in the national dialogue and the political process, the militia Houthi movement, which refers to itself as “Ansar Allah”, has insisted on using violence to achieve its political ends. Violent clashes broke out in various parts of Sana’a as the Houthis used a government decision to lift fuel subsidies as a pretext to mobilise their supporters and set up tents on one of the main streets in Sana’a to demand the overthrow of the Government.

At the same time, it was gathering armed militias on the outskirts of the capital. On 9th September, violent clashes erupted between the Houthis and security forces outside the offices of senior government officials.

Security forces fired tear gas and live ammunition at the crowd who were trying to storm the cabinet building.

Seven men were killed and scores were injured. The Government promised to launch an investigation into the incident and bring those responsible to justice. More clashes broke out as the Houthis attacked police cars and army positions.

On 16th September 2014, Houthi

85 armed groups took control of the headquarters of state television, alIman University and an army base led by major-general Ali Mohsen al-Ahmar. Forces loyal to former president Ali Abdullah Saleh joined the attack on these positions as well as the subsequent storming of the al-Islah party offices and a number of homes belonging to army and tribal leaders who supported the February Revolution. The Houthi rallies took place on the airport road, eventually marching towards the capital. This signalled the fall of Sana’a under the group’s control. A state of emergency was imposed on the capital and a number of Houthi checkpoints were set up in addition to armed patrols of the city’s streets.

On 9th September, Houthi militias executed Yihia Ahmed al-Amari and Abdulrahman Mustapha al-Amari because they refused to allow Houthi men to occupy their homes and use them as a base to launch attacks against an army camp in the same area. On 25th September, army courses announced that 200 soldiers form the First Armoured Division were executed.

However, it has been reported that the 200 soldiers in question were not involved in the clashes at this time. The soldiers were in civilian clothes when they were taken and killed. A relative of one of the men said that his brother was found with a gunshot wound to the head and still dressed in civilian clothes.

The Houthis claim they are waging a war against ISIL. However, thousands of civilians have been targeted. No exact figures are available.