Country Report on Human Rights Practices for 1992
YEMEN
The Republic of Yemen was proclaimed in 1990 with the unification of the Yemen
Arab Republic (YAR) and the People's Democratic Republic of Yemen (PDRY). The
Constitution provides for a Parliament elected by universal suflrage, a five-member
Presidential Council elected by the Parliament whose chairman serves as Head of
State, a Council of Ministers, and an independent judiciary. According to the unification
agreement, the term of the present Parliament, consisting of the former YAR
and PDRY legislatures and 31 members appointed by the President, was to have
ended no later than November 21, 1992, by which time multiparty elections for a
new Parliament were to have been held. In November, however, the Grovemment,
citing technical complications in preparing for the elections, announced that they
would be held April 27, 1993. The Government in Sanaa exercises its authority over
much of Yemen, but tribtd leaders in the north and east continue to hold considerable
power based on their traditional prerogatives.
An extensive state-security apparatus, the National Security Organization (NSO),
exists as part of the Ministry of Interior and Security. Its officers have broad discretion
over perceived national security issues and, despite constitutional prohibitions,
routinely detain citizens for questioning, frequently mistreat detainees, monitor personal
activities, and search homes. The Government is believed to have intensified
such searches in 1992. According to the U.S. Arms Control and Disarmament Agency,
total military expenditures for 1989 were $618 million. There is no indication
that efibrts will be made to reduce these, expenditures in the near future.
Yemen is a poor countiy of 14 million people with a rudimentary infrastructure.
Agriculture and oU dominate the Yemeni economy, and modest oil exports provide
a large percentage of government revenues and virtually all of its hard currency
earnings. Remittances irom Yemeni workers in Saudi Arabia and the Gulf states,
formerly an important source of hard currency, declined significantly in the aftermath
of the Gulf war and the effective expulsion of many Yemeni workers from the
Gulf. Foreign aid from the Gulf states, also an important source of revenue before
the Gulf war, has almost completely ended. After unification, the Marxist economy
in the south was liberalized, but significant former PDRY state institutions remain.
Significant human rights abuses continued in 1992. Major problems included politick
violence, which in 1992 claimed at least 10 lives, and tne Government's failure
to investigate these attacks efiectively and punish those responsible; the lack
of an effective administrative system, resulting in uneven implementation and enforcement
of laws; torture and abuse of prisoners; and arbitrary detention. There
were also continuing limitations on civil liberties, including freedom of speech, as
well as widespread mscrimination based on sex, racial origin, and religion.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
^There were a number of reports of
possible political and extrajudicial killings in 1992. A wave of apparently politically
motivated bombing and assassinations claimed at least 10 lives. Attacks were directed
against prominent government ofiicials, particularly those from the former
PDRY. The Justice Minister was wounded, and the brother of the Prime Minister
was assassinated. A military adviser to the Minister of Defense was killed in a confrontation
with security forces at a road checkpoint. Official sources stated that the
officer was killed after attempting to run the checkpoint. However, it was widely
reported that he survived a firefight with security forces and was subsequently
killed after being taken to a hospital for treatment. Although a few individuals were
arrested, there has been no conclusive determination as to who was behind the various
attacks. There were also reports of the deaths of two former National Democratic
Front (NDF) members in prison after being tortured and, in one case, being
allowed to starve to death (see Section I.e.).
b. Disappearance.
There were occasional reports of Yemenis disappearing following
detention by the security forces. Most such detainees were eventually released.
Most reports about disappeared persons are related to former members of the NDF,
which waged a guerrilla war against the YAR from the mid-1970's through the early
1980's. Families of an estimated 200 to 300 persons who disappeared in the former
PDRY have been unable to obtain any documentation from tne Government about
the fate of their relatives. It is widely believed that the vast majority of these persons
were killed while in the custody of PDRY state security officials.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
The Constitution proscribes "physical punishment and degrading treatment." However,
security officials are commonly believed to resort with impunity to force or the
threat of force to extract information from detainees. There were widely published
reports in the Yemeni press alleging torture and mistreatment by prison officials.
One report alleged that a former NDF member, Sufyan Hamoud Afian, was tortured
severely in Taiz prison and then allowed to starve to death. Prison officials claimed
that he died "of ilhiess" on March 1. A second NDF member, Mahdi Abdo Haydara
al-Salimi, is also believed to have been tortured by prison oflicials prior to his death
on April 23. Credible reports indicate that Mansur Muhammad Ahmad Rajih, a
writer and NDF activist, who remains imprisoned, has been subjected to torture
throughout his incarceration.
In contrast to 1991, there were no reported instances of amputation. In at least
seven cases, the Yemeni Supreme Court refused to confirm amputation sentences
and in several cases ordered the prisoners released upon a finding that their periods
of incarceration (which ranged up to 10 years) were adequate punishment.
Substandard conditions in Yemeni prisons represent a threat to the health of inmates.
Visitors from human rights organizations and local press reports have described
inadequate food, medical, and sanitaiy facilities, and severe overcrowding.
In the women^s section of Sanaa central prison, prisonevj were in some instances
unable to obtain milk for their children who were mcarcerated with them. The Government
said in June it would take measures to improve these conditions. Ofiicial
press reports in late June cledmed that some improvements had been made, but this
could not be verified. Despite official decrees banning them, shackles are still used
in a number of Yemeni prisons. Mentally ill persons are also occasionally shackled.
d. Arbitrary Arrest, Detention, or Exile
Despite constitutional and other legal
guarantees, there continued to be reports of arbitrary arrest and prolonged detention
without charge. Moreover, relatives of the accused are sometunes held while,
in accordance with customary law, compensation for the victim or victim's relatives
is negotiated.
Under the law, persons arrested may not be detained for more than 24 hours
without being brought before a court and formally charged. Upon arrest, a detainee
has the right to notify a person of his or her choice, but this right is seldom honored
or is observed only upon payment of a bribe, especially in cases of arrests b^ security
officials. ^A^liIe there are provisions for release on bail, arrested Yemenis more
commonly have a close family member pledge surety for them. In court, the accused
has the right to hear the charges being brought and has an opportunity to respond
to those chaises. A judge then decides whether the accused is to be held for trial
or released. A detainee may not be required to answer questions without an attorney
present.
Credible sources report that as many as 4,000 prisoners are held in Yemeni jails
without documentation concerning their imprisonment. Most of these prisoners were
moved to state prisons from outlying jails following unification and are held currently
without a record of their sentences or why they were arrested. Although press
reports in March indicated that the Government was continuing its investigation of
these cases, the Government announced no releases in 1992 similar to the 1991 release
of 700 prisoners.
In May the Government announced the pardon of Ali Nasser Mohammed, former
President of the PDRY, and five associates. Ah Nasser, currently living in Damascus
in self-imposed exile, was sentenced to death in absentia in 1986 by PDRY courts.
The Government also announced the pardon of 16 former members of the NDF. Pardons
of persons associated with guernlla movements that the YAR and PDRY sponsored
in each other's territonr prior to unification were issued, according to government
officials, to strengthen Yemeni unity.
e. Denial of Fair Public Trial
In accordance with an August 1991 decree, judicial
systems have been unified at the Supreme Court level. The lower courts have
not yet been merged and continue to function in their respective halves of the country.
In the former YAR, there are two court systems: Shari'a (criminal and family)
and commercial. The Shari'a courts are based on Islamic law and, viewed within
their traditional Islamic context (e.g. no juiy trials), are considered generally to be
impartial. The judge actively questions witnesses. Attorneys are allowed to counsel
their clients and may also address the court and examine witnesses. Foreign litigants
in the commercial courts have frequently complained of biased rulings, and
both Yemeni and non-Yemeni litigants have maintained that tribal ties as well as
outright bribery are often decisive in obtaining a favorable verdict. Defendants enjoy
the right of appeal and court sessions are generally open, although the Constitution
permits the courts to hold closed sessions "for reasons of security or general morals."
The Shari'a and commercial courts are largely independent of the executive, but
judicial authorities have complained of executive branch interference in sensitive
cases and of the continued existence of extrajudicial prisons maintained by some
ministries. Former YAR state security courts were formally abolished after unification.
In the former PDRY there are three court systems: magistrate or divisional
courts, provincial courts, and military courts. Magistrate's courts have jurisdiction
over most criminal and traffic offenses, juvenile cases, family cases, housing and
agrarian disputes, and minor civil matters. Provincial courts have jurisdiction over
serious criminal cases iavolving the death sentence or long prison terms, inheritance
cases, major civil claims, and appeals from magistrates' courts. Military courts have
jurisdiction over crimes by members of the armed forces.
The Government denies that it holds any political prisoners, although nongovernmental
Yemeni sources dispute this. Concerns expressed by Amnesty International
and other human rights oi^nizations have tended to focus on NDP members still
held in northern prisons. There are no figures available on the number of NDF
members still in prison. Most NDF prisoners appear to qualify as political prisoners
on the basis that they have not received fair public trials. In adoition, some NDF
members are apparently still held despite a 1985 general amnesty declared for all
former NDF members.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The
Constitution contains guarantees of the freedom and confidentiality of mail, telephones,
telegrams, and other means of communication, except in cases determined
by law and court order. The Constitution also specifies that residences, places of
worship, and educational institutions are not to be searched except in cases specified
by law. Nevertheless, security forces routinely search homes, monitor telephones,
read personal mail, and otherwise intrude into personal matters, alleging security
concerns. Yemeni visitors to foreign embassies and consulates are sometimes questioned
by security agents.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The new Constitution provides for freedom of
speech and press "within the limits of the law." Yemenis tjrpically engage in uninhibited
discussions of both domestic and forei^ policies in qat (a mildly narcotic
leaf many Yemenis chew) sessions, an institution deeply ingrained in Yemeni life.
However, some Yemenis remain cautious in exercising tiieir freedom of speech, believing
that they may experience difficulty if security agents overiiear them criticizing
particular government leaders. Since unification Yemen has enjoyed greater
press freedom. In addition to several major newspapers owned by the Government,
some 90 papers have appeared and are widely distributed. These papers represent
a wide spectrum of political opinion and freqpiently criticize government policies and
leaders by name. Despite this openness, sensitive areas remain and the press is
widely seen as practicing self-censorship, particularly regarding Yemen's policies toward
the Gulf crisis and on Yemeni-Saudi relations. In September a Ministry of Information
spokesperson specifically criticized three Yemeni papers for failing to adhere
to "appropriate standards," and the Yemeni press clearly takes its line from
the Government on issues of interest to the Government. In addition. Ministry of
Information subsidies to most papers give the Government added control over the
print media. The Government has on occasion prevented the distribution of foreign
press articles deemed critical.
The Ministry of Information also owns and operates Yemen's radio and television
stations. News broadcasts appear to be closely controlled by the Government and
virtually never contain reports critical of the Government. However, Yemen's two
television channels regularly broadcast uncensored parliamentary sessions even
though some speakers vociferously denounced various government policies.
Materials carried by both foreigners and Yemenis are subject to inspection at customs
points, and those of a religious, political, or pornographic nature are often confiscated.
Self-censorship is sometimes practiced at Sanaa University, where professors
and senior administrators require a security clearance before being hired. However,
recent faculty elections at the university were conducted without government
interference, and there were no reports of government interference in teaching programs
or curriculum development.
b. Freedom of Peaceful Assembly and Association
Article 39 of the new Constitution
contains guarantees of freedom of association. Organizations must register with
the Ministry of Social Security and Social Affairs but licensing does not routinely
offer any problems.
Yemeni citizens have a right to demonstrate peacefully. Citizens continued to
demonstrate regularly in front of the President's office, Parliament, and provincial
government offices to voice their views on domestic issues. In August a confrontation
between the police and religious activists protesting the planned use of a cemetery
for a commercial project in Aden became violent. Two persons were reported
killed and nine wounded. In December government security forces put down violent
demonstrations apparently stemming from Yemen's worsening economic situation.
Official reports inoicated that 15 people were killed and 61 injured, although the
actual toll is probably higher.
c. Freedom of Religion
Islam is the state religion, and there are some restrictions
on the practice of other religions. Most Yemenis are Muslims, either members
of the Zaydi sect, which is a form of Shi'ism, or followers of the Shafi'i Sunni school
of Islamic law. Islamic associations with ties to Pan-Islamic organizations enjoy a
degree of freedom; however, the right of these organizations to run sdiools independent
of the government school system was restricted by the passage of a new
education bill in August.
Most of the once sizable Yemeni Jewish population has emigrated; somewhat
fewer than 1,000 Jews remain, mostly scattered in norfliem rural areas. There are
no formal synagogues, but services are routinely held in private homes. Despite occasional
hindrances, the Government has allowed contact with foreipi Jewish
groups and has permitted these groups to build and operate schools and ntual baths
in the two main centers of Jewish population. In 1992, however, security authorities
in Saadah refused to allow foreign groups to meet with local Jews on three occasions,
claiming that such meetings required a permit. Nevertheless, foreign groups
traveled and met with local Jews in many villages.
There are no indigenous Christian Yemenis. Foreign Christians throughout
Yemen and the Indian-origin Christian community of Aden regularly conduct services.
While there are no churches in the former YAR, there are Christian churches
and a Hindu temple in Aden. Foreign clergy may not proselytize but are present
in Yemen, often teaching or working in social services or health care. By religious
convention, Muslims may not convert to other religions.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Yemeni citizens enjoy freedom of travel within Yemen, although there
are some checkpoints on major roads. Foreigners are required to obtain permits for
travel outside the capital, but regulations are not strictly enforced. Permission for
most tourists to travel is easily obtainable through travel agencies.
Most Yemenis are able to travel abroad freely and to emigrate, but Yemeni Jews
encounter discrimination which effectively limits their freedom in both respects. For
most Yemenis, obtaining passports is a relatively simple matter. Exit permit procedures
have been simplined and permits are generally available at the airport. However,
young males who have not yet completed their military service sometimes are
prevented from traveling abroad. Moreover, women seeking exit visas are often
asked to prove that male relatives do not object to their travel. Despite frequent
statements by high-ranking government officials affirming that Yemeni Jews enjoy
the same right to travel that other Yemenis enjoy, Jews continue to face discrimination
in obtaining passports, and the number of Jews able to travel is believed to
be far below the number of those desiring to travel. Passports issued to Jews routinely
cany heindwritten designations of the holders' religion.
There have been no reports of Yemenis being denied the right to return. The number
of refugees (primarily from Horn of Africa countries) increased dramatically in
1992 from about 10,000 to over 60,000. The overwhelming majority were given asylum,
and there were no reports of forced repatriation. Many of these refugees have
family or tribal ties to Yemen and have found work in Yemen. The Government
closefy monitors all political activity by refugees. Many of the Palestinians who arrived
in Yemen from Lebanon in 1982-1983 have departed; the remainder live in
camps near Sanaa and Aden and are closely watched by security services. Other
Palestinians are employed, often as teachers or business people, and do not face significant
restrictions on their freedom of movement.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
The right of the citizens of Yemen to change their government remains to be tested.
Although the unification agreement called for the holding of Parliamentary elections
before the end of the transitional period on November 21, 1992, the Government
announced in November that the elections would be delayed until April 27,
1993. The Government said that technical problems mainly involving difficulties in
obtaining reliable census figures and the drawing up of district boundaries had
forced the delay. While the legal implications of the delay are unclear, most observers
believe that the current Parliament may legally be extended past November 21
under Article 43 of the Constitution.
All the top leaders of the YAR and PDRY remained in power after unification.
Even before unification, while technically illegal in both the YAR and the PDRY,
new political parties began to organize. Article 39 of the Constitution, which allows
freedom of association Tor political, professional, and labor organizations, permits
political parties, although by law their programs may not oppose the Islamic religion
or the goals of the Yemeni revolution or violate Yemeni international commitments.
Under the law, government financial support must be given to recognized political
J>artie8 and parties may establish their own newspapers. More than 40 parties
brmed, but as of year's end none had registered in accordance with the 1991 Political
Parties law.
In accordance with the Unification Agreement, the current Parliament is charged
with enacting laws providing for the unification of ministries and other government
bodies and establishing joint legal codes until the first unified Parliament is elected.
The 301-member transitional Parliament consists of 159 members from the former
YAR Consultative Assembly, 111 members from the former PDRY Supreme People's
Council (including 10 women), and 31 members appointed by President Salen at
unification. The Constitution gives broad powers to the Psirliament: these include
electing the Presidential Council, withdrawing confidence from the Government,
questioning the Prime Minister and government ministers, ratifjdng international
agreements, and approving the budget. The transitional Parliament has vetoed
some government-sponsored biUs and demanded modifications in others. However,
implementation of laws passed by the Parliament, as well as the accountability of
individual ministers to it, has been uneven and local ministry and other officials retain
considerable power to exercise their discretion in interpreting and enforcing the
law.
A five-member Presidential Council with broad executive powers has functioned
since unification. Its chairman is the former YAR president, Ali Abdullah Saleh, and
its Vice Chairman, the Yemeni Socialist Party (iSP) Secretary General, Ali Salem
al-Bidh. The Council has executive powers, including the right to pass legislation
by decree when the Parliament is not in session. Laws passed by decree must be
submitted for review by the Parliament within 30 days.
The Council appointed Haydar Abu Bakr al-Attas Prime Minister in May 1990,
and he formed a Government, comprising 39 ministries, with approximately equal
representation between northerners and southerners. In addition, a 45-member Consultative
Council was appointed by the Presidential Council to advise the Government
on broad policy issues. There is no constitutional provision for the Consultative
Council, and it has met irregularly since its creation. Women may vote and
hold ofiice by law, although this right is limited in practice by cultural and religious
traditions.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
of Alleged Violations of Human Rights
A government-sanctioned human rights organization exists as a committee of the
Parliament. Initial attempts to form a nongovernmental human rights organization
were frustrated both by government opposition and infighting between leftists and
Islamists.
The Government again permitted Amnesty International representatives to investigate
prison conditions and allegations regarding political prisoners in 1992.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Although the Constitution prohibits discrimination based on sex, race, origin, language,
occupation, social status, or religious belief, in practice various forms of discrimination
exist. For example, Yemeni Jews face discrimination in exercising their
rights to travel and to meet with foreign groups. Also, by tradition, non-Muslims
are not permitted to carry weapons, traditionally carried by Muslim Yemenis.
Yemenis with a non-Yemeni parent (so-called muwalladin) face both institutionalized
and informal discrimination. For example, the Constitution requires that members
of the Presidential Council be "bom of Yemeni parents." Sanaa University, administered
by the Government, applies the same restriction when hiring teaching
and senior administrative stafl", as does Yemen's military academy in selecting cadets.
However, discrimination against muwalladin is not universal; many senior
government officials, including ministers, are muwalladin. Some muwalladin complain
that they are required to pay substantial bribes to receive residency permits,
passports, and other official documentation. Another smaller group Known as
Akhdam, the descendants of ancient Ethiopian occupiers who later became slaves,
also faces persistent social discrimination.
Although the Constitution provides for equality, significant restrictions on women
are imposed by tradition and law. In Marcn the Presidential Council issued by decree
a new family law based largely on the former YAR law. Under the law, polygamy
is allowed, husbands may divorce their wives without justifying their actions
before the court, and, in cases of divorce, both the family home and the children
are automatically awarded to the husband. Courts in the north are applying the
new law, but a group of jurists in Aden, where women enjoyed substantially greater
rights in the past, said they would refuse to implement it and questioned the constitutionality
of the decree. There are frequent cases of child marriage in rural
areas. The institution of dowry payments is widespread. The amount of payments
has increased in spite of government attempts to limit their size.
Societal pressures often force women to defer to the guidance of male colleagues
and the general supervision of male relatives as, for example, in seeking to travel
abroad. Education for women in significant numbers began in the YAR only at the
end of the civil war in 1970; education for women in the PDRY was more advanced.
An estimated 85 percent of all Yemeni women are illiterate, compared to 46 percent
of all men.
In Aden women work in midlevel jobs in several ministries and also in banks and
other businesses. Yemen's largest mctory group employs women on the same pay
scale as men, and women have risen through the ranks to lower management positions.
There are female Judges and lawyers in Aden and lesser numbers in the
north, but the Ministry of*^Justice has only one female employee.
A form of female genital mutUation, clitorectomy, is practiced in the Tihama Red
Sea coastal region and in the region of the Hadhramaut along the Gulf of Aden, especially
among Yemenis of African origin. The extent of the practice is unknown.
While some individual government health workers in the Tihama actively discourage
clitorectomy, there is no government directive or guidance against the practice.
Conservative social mores effectively prevent public discussion or government acknowledgment
of the practice.
Wife beating and otner physical abuse of women occurs frequently in Yemeni families.
Althou^ there is little public discussion of this matter, it has received increasing
attention in the press. The female victim usually turns to a male relative to
pressure the perpetrator to stop the abuse; she may seek a legal remedy, but social
traditions usually compel women and their male relatives to seek mediation and
keep the matter within the extended family.
There is a government-sponsored women's association which promotes female education
and civic responsibilities.
Section 6. Worker Rights
a. The Right of Association
As the united Yemen has not yet enacted a new
labor code, the labor codes for the former YAR and PDRY remain in effect for their
respective parts of the country. In both the YAR and PDRY, labor unions were closely
controlled, if not organized, by the respective ruling parties. Under the YAR
Labor Code, a union may be set up by 100 or more workers upon application to and
approval by the Grovemment. The Code prescribes a single union system with one
union committee per enterprise, one union branch per focality, one general union
per economic sector, and one national umbrella organization, wnich was the Yemeni
Trade Union Confederation. Public servants, employees and manual workers employed
in the state administration, as well as some categories of farm workers, are
excluded from union membership.
Under the YAR Labor Code, the Council of Ministers may dissolve trade unions
without judicial action. The Code also prohibits unions from engaging in political
activity. Financial records are subject to government oversight. YAR trade unions
were reported to be under heavy security forces' influence and were not known to
challenge the Government. In the PDRV, the General Federation of Trade Unions
(GFTU), the only labor association, was under close Yemeni Socialist Party control.
The YAR and PDRY labor confederations merged in 1990, forming the Yemeni
Confederation of Labor Unions (YCLU). The YCLU is affiliated with the International
Confederation of Arab Trade Unions and the Communist dominated World
Federation of Trade Unions.
In the YAR, labor-related legislation neither allowed nor outlawed strikes. At
least 10 major strikes occurred in Yemen in 1992, including a 24-hour general strike
that halted all transportation, and strikes by Aden dock workers and Aden municipality
workers. During several weeks in November, Yemenis employed by the Government,
banks, and educational institutions staged peaceful strikes for hi^er pay.
b. The Right to Organize and Bargain Collectively
Although the YAR Labor
Code calls for employers to treat workers collectively, it does not provide for a system
of collective bargaining, nor does it contain provisions to ensure worker protection
against acts of discrimination by employers. There are conseqpently no formal
collective bargaining agreements now in force. Unions do negotiate wage settlements
for their members and have often resorted to strikes or other actions to
achieve their demands. According to the YAR Labor Code, collective agreements
must be registered and may be unilaterally revoked by the Government if they do
not conform to the security and economic interests of the country. No such revocations
were reported in 1992.
The YAR was criticized by the International Labor Organization's (ILO) Committee
of Experts (COE) in 1991 for discrepancies between its Labor Code and ILO con1114
ventions. The COE charged that YAR labor laws excluded large cate^ries of workers,
including public servants, from union protection and permitted "mterference by
the public authorities" in financial administration of unions and their right to sellregulation.
Moreover, the COE reiterated its past criticism that the collective bargaming
process had stiU not been implemented, and called upon the Government
to "take measures to encourage the collective negotiation of terms and conditions
of employment, in view of of the fact that no collective agreement had yet been concluded."
Until a new labor code is passed, woricers in the north enjoy limited protections
under the YAR Labor Code. In the PDRY, the State, through the YSP-controlled
unions, purported to represent the rights of the workers. There was no collective
bargtdning, and there were no nongovernmental bodies that addressed labor
grievances.
There are currently no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden
by the Constitution, and there are no reports of it in practice.
d. Minimum Age for Employment of Children
There was no minimum age for
employment of children in the YAR. Labor bv minors aged 12 to 14 was regulated
by the Labor Code. In the PDRY, the Labor Code prohibited the employment of children
(defined as between 7 and 12 years of age) and regulated that of young persons
(between 12 and 16 years of age). Apprentice employment of young persons aged 14
and older is permitted.
Throughout Yemen, child labor is common, particularly in rural areas. For the
most part, it is sanctioned by family tradition and it is not uncommon to see children
working in workshops or stores. In the south, child labor often occurs on family,
cooperative, and state farms.
e. Acceptable Conditions of Work
There was no established minimum wage in
the YAR. In the former PDRY, the labor laws set a minimum wage which provided
a worker a minimal standard of living. The prevailing daUy wage for unskilled labor
in Yemen allows a very modest standard of living for a worker with a famUy.
YAR legal codes prescribe a maximum 8-hour workday (6 hours during Ramadan),
but some workshops operate 10- or 12-hour shifts without penalty. The YAR Labor
Code does not prescribe the number of workdays, only that the maximum workweek
consist of 48 hours. The PDRY Labor Code stipulates a 42-hour workweek. These
provisions are not widely enforced in either part of Yemen. The Ministry of Labor
in the YAR investigated complaints of alleged violations and, if found valid, sought
restitution from the employer. Enforcement of the Labor Code is more prevalent
against foreign employers of Yemeni workers.
Little attention is paid to health and safety standards in either part of Yemen.
The majority of Yemen's population practices traditional agriculture. Industrial production
involves mainly light manufacturing and food processing. YAR and PDRY
legal codes did not effectively regulate working conditions and health hazards in the
workplace, and this remains the case. In the past, the YAR government set general
safety requirements for larger organizations but only occasionally checked compliance.
There was legislation regulating conditions of labor in the PDRY, but there
was no agency for euective enforcement.
