Country Report on Human Rights Practices for 1990
YEMEN
* 0n May 22, 1990, the Yemen Arab Republic (YAR) and the
People's Democratic Republic of Yemen (PDRY) united to form
the Republic of Yemen (ROY). This report covers the YAR and
PDRY up to unification and the ROY since unification. On
April 30, 1990, the United States and the PDRY reestablished
diplomatic relations, severed in 1969. Because of the lack of
diplcfmatic relations between 1969 and 1990, it is difficult to
comment authoritatively on conditions in the former PDRY.
The Republic of Yemen (ROY) was proclaimed on May 22, 1990,
following 6 months of negotiations on unification by the
political leadership of the Yemen Arab Republic (YAR) and the
People's Democratic Republic of Yemen (PDRY) . On May 21, the
two legislatures ratified an amended unity Constitution.
Sanaa was designated the capital. Following unification, a
5-member Presidential Council and 45-member Consultative
Council were established. A Parliament was formed, comprising
the legislatures of the two Yemens plus 31 newly appointed
members. The Parliament, which will sit for a 30-month
transitional period, began passing legislation to establish
the institutions, ministries, and legal codes for the new
State. The laws of the YAR and PDRY remain in effect in their
respective parts of the country until new legislation valid
for all of united Yemen is enacted. The first multiparty
election for a united Yemeni Parliament is planned for
November 1992.
Leaders of the former YAR and PDRY dominate the new Republic's
Government. Senior military officers and technocrats from the
north have joined their opposite numbers from the PDRY
government and ruling Yemeni Socialist Party (YSP) to share
power in the new State. The central Government in Sanaa
exercises its authority in all parts of the country, but
tribal leaders, particularly in the north and east, retain
significant prerogatives, such as tax collecting and mediating
disputes.
Although the two states' security services were technically
abolished just before unification, a combined security service
continues to exist as part of the Ministry of Interior. Its
officers have broad discretion over national security issues,
including the power to detain citizens for questioning; to
monitor personal activities, telephone conversations, and
correspondence; and to search homes, despite constitutional
prohibitions against these practices.
The ROY is a poor country of 12 million people with a
rudimentary physical and social infrastructure. Two different
economic systems—the north's basically free market economy
and the south 's heavenly, and formerly avowedly Marxist,
government-regulated ecomomy—are merging along the lines of a
market economy. The Government controls prices on some basic
commodities but has relaxed foreign exchange controls.
Agriculture, oil, and workers' remittances dominate the Roy
economy, with oil exports providing a large percentage of
government revenues. Saudi Arabia's decision in September to
make Yemenis working there comply with all visa, residency,
and investment regulations, together with Iraq's invasion of
Kuwait, have forced an estimated 750,000 Yemenis to return
home. Yemen will lose considerable remittance income as a
result. The full impact of the Saudi decision on the Yemeni
economy has yet to be assessed.
Civil liberties remain significantly restricted, but there was
improvement with respect to freedom of speech and press and
assembly. Some political prisoners in the former PDRY were
released following an amnesty, but others remain unaccounted
for. Major human rights concerns include abuse of prisoners
and detainees, arbitrary detention, and the lack of fair trial
in security cases. Informal and some institutionalized
discrimination exists against Yemeni citizens with a
non-Yemeni parent. Tribal and traditional social customs
continue to restrict women's public role in society.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed reports that ROY government agencies
executed individuals for political reasons. A Muslim activist
was killed in a Sanaa mosque by two presidential guards in
September; the Government stated that the murder was due to
personal reasons. The guards were detained and questioned,
but there was no information on any further action.
b. Disappearance
There are occasional reports of Yemenis disappearing following
detention by the security forces or tribal or factional
infighting. Most such detainees are eventually released,
Female relatives of men imprisoned or missing after the bloody
coup of January 13, 1986, in Aden demonstrated there in March,
demanding information about missing relatives. PDRY officials
denied that anyone was still imprisoned for the events of
January 1986, but agreed to pay compensation to the families
of those killed or missing from 1967 to 1986. In its 1990
Report, covering 1989, Amnesty International (AI) noted that
the fate of 16 political detainees who disappeared after
arrest in the PDRY between 1967 and 1975 remains unknown. AI
also noted that 12 persons arrested in the YAR for political
reasons in previous years were reported in 1989 to have
"disappeared" from custody. The U.S. National Academy of
Science's committee on human rights expressed to the PDRY
Government its concern about the disappearance of a South
Yemeni doctor following his arrest in January 1986; the
Government did not respond.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the ROY, YAR, and PDRY Constitutions all proscribe
physical torture, security officials reportedly resort with
impunity to force or the threat of force to extract
information from detainees. Most informed Yemenis believe the
security forces engage in torture on occasion, although there
were no public reports in 1990. AI ' s 1990 Report cites
specific cases of torture of detainees in previous years.
The YAR legal code is based on Islamic Shari'a law, which
allows for such punishments as stoning for adultery,
amputation for stealing, and beheading for murder; however,
these penalties are rarely imposed. The ROY Constitution
prohibits "physical punishment and degrading treatment" at the
time of arrest or during jail or detention. While the new
Government has announced its intent to do away with the use of
shackles, they continue to be used in Sanaa prisons. Mentally
ill persons are occasionally shackled.
d. Arbitrary Arrest, Detention, or Exile
There were continuing reports of arbitrary arrest in the ROY.
Detainees are sometimes held without charge for extended
periods of time, despite a ROY constitutional provision
limiting to 24 hours the time the police may hold a suspect
without judicial concurrence. Persons, or their relatives,
are sometimes detained without charge while the payment of
compensation by the detainee's relatives to the victim or the
victim's relatives is negotiated.
Legal procedures which allow prisoners to notify relatives and
lawyers upon their arrest are seldom observed, or observed
only upon payment of a bribe, especially in cases of arrests
by security officials. When foreigners were arrested,
consular notification was late or nonexistent in the former
YAR but prompt in the former PDRY. In at least one case
involving the arrest of foreign citizens, ROY authorities
promptly notified foreign missions.
The ROY Constitution prohibits the exile of Yemeni citizens or
the prevention of their return to Yemen. Many political
dissidents returned to Yemen from self-imposed exile in the
more liberal political climate of 1990.
e. Denial of Fair Public Trial
The new Republic's judicial system is in flux. The ROY
Constitution calls for an independent judiciary but does not
spell out how the court system is to be organized. The
transitional Parliament passed a law establishing the court
system, setting out qualifications for judges and creating,
for the first time in either Yemen, a Supreme Court. However,
the Presidential Council returned the law to Parliament to
resolve certain points thought to be unconstitutional.
The YAR had three court systems: Shari'a, Commercial, and
State Security. The Shari'a (Islamic) Courts had jurisdiction
in all cases outside the domain of the other two, although
there was some overlap in commercial cases. The Shari'a
Courts, viewed within their traditional Islamic context (e.g.,
there are no jury trials), were fair and impartial. If the
defendant was brought to trial, he was informed of the charges
against him at the conclusion of the police investigation.
The judge actively questioned witnesses. Attorneys were
allowed to counsel their clients but could not address the
court or examine witnesses. Litigants in Commercial Courts
could generally expect a fair and open trial with legal
counsel, although tribal ties and bribery are said to have
played a role in some judicial proceedings. Defendants in the
Shari'a and Commercial Courts enjoyed the right of appeal and
generally open court sessions. The Shari'a and Commercial
Courts were largely independent of the executive, but all
decisions, as in the State Security Courts, were subject to
presidential review and confirmation. The YAR State Security
Courts were convened by the President to try specific cases of
espionage or other antigovernment activity. Rights normally
afforded the accused were subject to suspension in security
cases. There is no indication that the State Security Courts
were convened in 1990.
In the PDRY, there was no separation of powers, according to
the constitution, between the executive, legislative, and the
judiciary. There was only one state power vested in "the
sovereignty of the working people" . There were three court
systems—magistrate or divisional courts, provincial courts,
and military courts—as well as a Supreme Court in Aden,
Magistrates' courts had jurisdiction over most crimes, traffic
offenses, juvenile cases, family cases, housing and agrarian
disputes, and minor civil matters. Provincial courts had
jurisdiction over serious criminal cases involving the death
sentence or long prison terms, inheritance cases, major civil
claims, and appeals from magistrates' courts. The military
courts had jurisdiction over crimes within the armed forces.
The Supreme Court, under the PDRY constitution, supervised the
other courts, heard appeals from the provincial courts, and
interpreted the Constitution and fundamental laws.
In the PDRY, many persons were believed to have been
imprisoned wihout trial. Legal procedures for the protection
of the accused were routinely ignored or manipulated. The
(former president) Ali Nasir exile movement charged the PDRY
Government with conducting a show trial in 1989 of 14 persons
charged with treason before the same judges who convicted and
sentenced to death other Ali Nasir supporters in 1987, but
there was no independent confirmation of this allegation.
The number of political prisoners in the ROY is difficult to
estimate. The Governments of the YAR and the PDRY denied the
existence of political prisoners. AI ' s 1990 report on the YAR
claimed that at least 26 political detainees arrested in
previous years remained in detention without charge or trial
at the beginning of 1989, while its report on the PDRY stated
that at least 4 5 suspected government opponents remained under
detention without charge or trial. In January, following the
withdrawal from political life of former PDRY President Ali
Nasir, PDRY authorities announced an amnesty for political
prisoners, including 22 Ali Nasir supporters sentenced in 1986
and 11 sentenced in 1989. The 33 released may include some of
the 45 mentioned as being detained in AI ' s 1990 Report. In
addition, the PDRY Supreme People's Council's Presidium
decided in April to pardon Ali Nasir supporters sentenced in
absentia to prison terms in 1986 as well as those convicted in
a 1982 case.
f . Arbitrary Interference with Privacy, Family, Home, or Correspondence
The ROY Constitution specifically provides for the freedom and
confidentiality of mail, telephones, telegrams, and other
means of communication, except in cases determined by law and
a 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 under the stated justification that national
security is believed to be threatened.
The routine stopping and searching automobiles and demanding
identification at checkpoints throughout the country
diminished somewhat after unification.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The new ROY Constitution provides for freedom of speech and
press "within the limits of the law." Many Yemenis are
cautious in exercising their freedom of speech. Discussions
at social gatherings are generally frank, but some Yemenis
believe they may experience difficulty if security agents
overhear them criticizing particular government leaders.
After unification, there was significant relaxation of
restrictions on freedom of the press. A new press law was
passed on December 26, 1990, but no authoritative version of
it was available at the end of the year. Several dozen new
independent newspapers, representing diverse political
viewpoints, began publication. Some criticized government
leaders by name, and many criticized the Government's domestic
policies. These new papers are distributed widely throughout
Yemen. Nonetheless, the Government censored or stopped
distribution of independent papers that commented on sensitive
issues related to the Gulf crisis and on the ROY's relations
with Saudi Arabia.
The Ministry of Information owns and operates Yemen's radio
and television stations, as well as several major newspapers.
Yemen's two television channels regularly broadcast
parliamentary sessions.
A number of foreign English- language and Arabic- language
newspapers and magazines are available in the cities.
Occasionally, the Government has prevented the distribution of
foreign Arabic language publications deemed to contain
material critical of Yemen and its leaders.
Self-censorship is sometimes practiced at Sanaa University,
where professors and senior adminstrators require a security
clearance before being hired. Most professors, including
numerous expatriates, do not complain of government
interference in their teaching programs or curriculum
development.
b. Freedom of Peaceful Assembly and Association
Article 39 of the new ROY Constitution provides for freedom of
association. Following unification, professional, labor,
educational, and social organizations of the former YAR and
PDRY began to unite, although philosophical differences
between Muslim activists and leftists on occasion hindered the
formation of unified organizations. These organizations must
be registered with the Ministry of Social Security and Social
Affairs.
There were a number of demonstrations concerning missing and
imprisoned persons, women's rights, and secondary school and
university curriculums, most of which took place in what was
formerly the PDRY. Citizens also occasionally demonstrated in
front of Parliament and provincial government offices to voice
their views on domestic economic issues. The Minister of
Interior formally reiterated the right of Yemeni citizens to
demonstrate peacefully.
All government ministries and major organizations have
security representatives on their staffs. Contact between
Yemenis and foreigners, particularly diplomats, is selectively
monitored by the security forces. Official invitations and
requests for appointments from diplomats to senior government
officials, whether in Sanaa or Aden, must be sent through the
Foreign Ministry, although contacts with businessmen and
parliamentarians are routine. Yemeni visitors to foreign
embassies and consulates are sometimes questioned by security
guards. These procedures tend to discourage contact between
Yemenis and diplomats.
c. Freedom of Religion
Islam is the state religion in the ROY, and there are some
restrictions on the practice of other religions. Most Yemenis
are Muslims, either members of the Zaydi (Shi 'a) sect or the
Shafi'i (Sunni) school of jurisprudence. Historically, the
Zaydis enjoyed greater political influence in the north.
Shafi'is form the majority in the united Yemen. Distinctions
between the two sects are becoming blurred and were often more
geographic and tribal than sectarian. The two Isleunic
communities coexist with little friction and have relatively
few doctrinal differences. Islamic associations with ties to
pan-Islamic organizations enjoy a degree of freedom, including
the right to operate schools largely independent of the
national school system. Radical Islamic revival is not a
major force in the ROY, although Muslim activists increasingly
assert their points of view on social and political issues.
The ROY Constitution retains a requirement that senior
government officials and Members of Parliament swear an oath
to Allah.
Almost all of the once substantial Yemeni Jewish population
has emigrated to Israel, but 1,000 to 1,500 remain, mostly in
rural areas in the north. There are no synagogues, but Jews
are permitted to practice their religion, including religious
instruction, in private homes. The Government makes a point
of ensuring that no impediment to this right exists. Although
religious materials are not published in Hebrew in the ROY, the
Government has allowed foreign Jewish groups to distribute
Hebrew- language religious materials and religious articles
such as phylacteries and prayer shawls.
There are no indigenous Christian Yemenis. Foreign Christians
and the Indian-origin Christian community of Aden, like Jews,
are permitted to conduct private services, but churches are
not allowed. Foreign clergy are not allowed to proselytize,
but some teach or work in social services.
d. Freedom of Movement Within the Country. Foreign
Travel, Emigration, and Repatriation
The ROY constitutional freedom of travel within Yemen for
Yemenis is respected throughout the country, although there
are some checkpoints on major roads. Foreigners must register
and receive permission to travel outside the capital.
American tourists were detained in 1990 for traveling to areas
outside Sanaa without permission.
Many Yemenis historically have sought employment abroad. The
Government does not restrict emigration, partly in recognition
of the importance to the economy of foreign remittances.
Procedures for obtaining passports and the necessary exit
visas are sometimes onerous, especially for Yemeni men who
have not completed their military service. Yemeni citizens,
whether Jews or Muslims, are not allowed to travel to Israel.
There are about 1,100 Eritrean refugees from Ethiopia at a
camp near the coastal town of al-Khawkha. Several thousand
more Eritrean and Somali refugees are scattered throughout the
country. The Government closely monitors all political
activity by these refugees. Many of the Palestinians who
arrived in Yemen from Lebanon in 1982-83 have departed; the
remainder live in a camp near Sanaa and are closely watched by
security forces. The movement and activity of the
Palestinians are restricted. Other Palestininans reside in
Aden, where they have traditionally enjoyed greater freedom of
movement and activity. On the whole, Palestinians have not
been able to assimilate into Yemeni society, largely due to
its conservative tribal nature.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In practice, citizens of both the YAR and the PDRY were unable
peacefully to change the government. Political parties had
been banned in the YAR, where the YAR Constitution prohibited
them, and only one party was permitted in the PDRY, the Yemeni
Socialist Party (YSP) . In the ROY, citizens have the
theoretical right under their Constitution to change their
government in the future by secret ballot in periodic
multiparty elections. These guarantees will be tested for the
first time in November 1992, when the first elections for a
united Yemeni Parliament are scheduled.
All the top leaders of the YAR and the PDRY remained in power
after Yemeni unification. Even before unification, while
technically illegal in both the YAR and the PDRY, new
political parties started forming. Article 39 of the ROY
Constitution, allowing freedom of association for political,
professional, and labor organizations, is generally
interpreted as permitting political parties. During the year
members of the Government, parliamentary committees, and some
40 political parties debated the merits of a proposed new
political parties and elections law. President Saleh, Vice
President Al-Bidh, Prime Minister Al-Attas, Speaker of the
Parliament Nu'man, and other senior government leaders all
expressed their intention to establish a multiparty political
system. Under the arrangements in force during the 30-month
transitional period, the transitional Parliament is charged
with enacting new laws to unify ministries, other government
bodies, and legal codes until the first unified Yemeni
Parliament is elected in November 1992. The 301-member
transitional Parliament consists of 159 members from the
former YAR Consultative Assembly, ill members from the former
PDRY Supreme People's Council (including 10 women), and 31
specially appointed members. It held its inaugural session
May 26. The ROY Constitution gives broad powers to the
Parliament; these include electing the Presidential Council,
withdrawing confidence from the Government, questioning the
Prime Minister and government ministers, ratifying
international agreements, and approving the budget.
A five-member Presidential Council with broad executive powers
was selected on the day of Yemeni unification. May 22. Its
Chairman is the former YAR President, Ali Abdullah Saleh, and
its Vice Chairman, the YSP Secretary General Ali Salem
Al-bidh. Two days later Prime Minister Haydar Abu Bakr
Al-attas (former Chairman of the Presidium of the PDRY's
Supreme People's Council), who was appointed by the
Presidential Council, formed a 39-minister Government, divided
evenly between northerners and southerners. In addition, a
45-meiTiber Consultative Council was appointed by the
Presidential Council to advise the Government on broad policy
issues. This body is not called for in the Constitution, but
is a transitional institution which will disppear at the end
of a 30-month period.
The majority of Members of Parliamient, all members of the
Presidential Council, and most government ministers belong to
one of Yemen's two dominant political organizations, the
former YAR's General People's Congress (GPC) and the former
PDRY's YSP. However, there are distinct groupings with
overlapping agenda within the Parliament: rightists,
leftists. Socialists, traditional tribesmen, technocrats, and
Muslim activists. Although the transitional Parliament is not
organized on a party basis, some of the parties other than the
YSP and the GPC are represented in it.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The ROY Government permitted AI to investigate prison
conditions and allegations regarding political prisoners in
October and November. In the past, neither the YAR nor PDRY
had permitted any organization to investigate possible human
rights violations. However, AI did not release its report,
nor did the Government formally respond in public to any
private comments by AI.
Local human rights advocates attemped to form a Yemeni chapter
of the Arab Organization for Hiiman Rights, but philosophical
differences between leftists and Muslim activists have
delayed its formation.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Article 27 of the ROY Constitution provides that: "Citizens
are equal in the eyes of the law. They are equal in rights
and public duties without any discrimination because of sex,
color, origin, language, occupation, social status, or
religious belief."
Jews usually live in relative harmony with their Muslim
neighbors, and there were no reports in 1990 of incidents
involving government-inspired or condoned harassment. Violent
incidents do occur periodically, especially in the countryside.
In the past the YAR Government made, and the ROY Government
continues to make, consistent efforts to protect the largely
rural, isolated Jewish community, both at the local level and,
when necessary, through the intervention of senior government
officials in Sanaa.
Jews travel freely within Yemen. Two Jews traveled to the
United States in 1990 for medical treatment and family
reunification. Travelers to the ROY have been able to meet
with members of the Jewish community.
A substantial number of Yemeni citizens with a non-Yemeni
parent do not enjoy the full range of their constitutional
rights. These people, known as muwallidin, face both
institutionalized and informal discrimination. Sanaa
University, which is administered by the Government,
advertises openings for teaching and senior administrative
positions with the stipulation that both parents of applicants
must be Yemeni citizens. The same is true for applicants to
Yemen's military academy. However, the two-Yemeni-parents
rule is rarely enforced at Sanaa University. Discrimination
against muwallidin is not universal or pervasive. Many senior
government officials, including ministers, are muwallidin.
Some muwallidin complain that they are required to pay
substantial bribes to receive resident permits, passports, and
other official documentation. Another smaller group known as
akhdam, the descendants of former slaves, also faces
persistent societal discrimination.
The Constitution does not provide for equality of women under
the law and restrictions on women are imposed by culture and
tradition and by law. Since a uniform family law was not
passed for the united Yemen in 1990, the laws in effect in the
former YAR and PDRY remained in effect in those parts of the
united Yemen. In 1988 the YAR Government ratified a 1981
International Labor Organization (ILO) agreement mandating
equality of opportunity and treatment in the workplace for men
and women. In the 1988 YAR Consultative Assembly elections,
the YAR Government upheld the right of women to vote but bowed
to Muslim traditionalists in pressuring women candidates not
to seek election.
YAR family law is dominated by tribal customs and local
traditions, influenced and modified by Islamic (Shari'a) law.
Polygamy is allowed under Islamic law and occasionally
practiced. The institution of dowry payments, whether the
Islamic "mahr" paid by the husband to the wife upon divorce or
tribal customary payments made by the groom to the bride's
family or to the bride, is widespread. The amount of payments
is steadily increasing in spite of government attempts to
limit the amount.
The post independence PDRY Government introduced legislation to
emancipate Yemeni women. One 1974 law, modeled after the
divorce law of Tunisia, restricted polygamy by requiring the
official permission of the court for a second marriage,
prohibited child marriages, and provided for a considerable
degree of female protection, including equal rights in
divorce. Despite these laws, there are still frequent cases of
polygamy, child marriage, and arbitrary divorce throughout
Yemen, especially in the more traditional, rural areas.
Particularly in Aden, women now work in middle-level jobs in
several ministries and also in banks and other businesses.
Yemen's largest factory group employs women on the same pay
scale as men, and women there have risen through the ranks to
lower management positions. There are female judges and
lawyers in Aden. After sharp debate, the new Parliament voted
in September not to discriminate by sex in enumerating the
qualifications for judges, prosecutors, and lawyers.
Societal pressures often force women to defer to the guidance
of male colleagues and the general supervision of male
relatives. Women seeking exit visas are often asked to prove
that male relatives do not object to their travel. 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. The literacy rate for women is
substantially less than it is for men.
A form of female genital mutilation, clitorectomy is practiced
in the Red Sea coastal region (the Tihama), 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 prevent public discussion or
government acknowledgement of the practice.
Wife beating and other physical abuse of women occurs in
Yemeni families, but there is virtually no public discussion
of the subject and little is known about its extent. The
woman victim usually turns to her male relatives to pressure
the perpetrator to stop the abuse; she can seek a legal remedy
in court, but social traditions usually impel women and their
male relatives to seek mediation to keep the matter within' the
extended family.
The government-sponsored women's associations of the former
YAR and PDRY, which promoted female education and civic
responsibilities, merged in 1990.
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 ROY.
In both the YAR and PDRY, labor unions were closely
controlled, if not organized, by the Government. Under the
YAR labor code, a union may be set up by 100 or more workers
upon application to and approval by government authorities.
The code prescribes a single union system with one union
committee per enterprise, one union branch per locality, one
general union per economic sector, and one national umbrella
organization, which was the Yemeni Trade Union Confederation.
Government employees and some categories of farm workers are
excluded from union membership. The YAR labor code prohibits
unions from engaging in any political activity, and their
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 YAR, labor-related legislation neither allows nor
disallows strikes. At least one union-sanctioned strike
occurred in the Marib oil fields in 1990. There were several
wildcat strikes, particularly by truck drivers.
In the PDRY the General Federation of Trade Unions (GFTU), the
PDRY's only labor association, was under close YSP control.
Nevertheless, 1990 witnessed the first strikes in 20 years in
South Yemen. In January, February, and March, workers in most
major sectors—the ports, the Aden oil refinery, utilities,
communications, textiles, government ministries, fisheries,
construction, tobacco, pharmaceuticals, and hospitals—struck
for higher wages and better working conditions. Strikes in
some sectors, most notably at the ports and the oil refinery,
continued after unification. The PDRY Government resolved
most strikes by promising higher wages and improved working
conditions.
The YAR and PDRY labor confederations merged in 1990, forming
the Yemeni Confederation of Labor Unions (YCLU) . It is
affiliated with the International Confederation of Arab Trade
Unions and the Communist-controlled World Federation of Trade
Unions. The ILO's Committee on the Application of Standards
criticized Yemen in 1990 for not supplying required reports in
1989.
b. The Right to Organize and Bargain Collectively
Although the YAR labor code calls on employers to treat
workers
correctly, it does not contain provisions to ensure worker
protection against acts of discrimination by employers, nor
does it provide a legal framework for a free collective
bargaining system. There is no bargaining, and there are no
collective agreements in force. The YAR had been criticized
by the ILO for portions of the labor code in conflict with ILO
conventions. Until a new labor code is passed for the ROY,
workers in the former YAR enjoy limited protections under the
YAR labor code. There is no export processing zone in the
former YAR.
In the PDRY, the State, through the YSP-controlled unions,
purported to represent the rights of the workers. There was
no collective bargaining, and there were no nongovernmental
bodies that addressed labor grievances. Nevertheless, the
wave of strikes in 1990 necessitated bargaining between
workers and state management. A small special export
processing zone was established in the port of Aden but
remained inactive while a larger free zone in Aden was under
discussion.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden by the ROY
Constitution. There are no reports of forced or compulsory
labor in Yemen.
d. Minimum Age for Employment of Children
In the YAR, there was no minimum age for employment of
children, but compulsory education requirements—when
enforced—had the same effect. These requirements were
generally ignored, however. Labor by 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 young
persons (between 12 and 16 years of age). However, apprentice
employment of young person 14 years and older was permitted.
Throughout Yemen, child labor is common. It is particularly
prevalent in rural areas, where it is sanctioned by family
custom or, in the case of some areas in the south, is
performed in the context of work on family, cooperative, or
state farms.
e. Acceptable Conditions of Work
There was no minimum wage in the YAR. The legal daily minimum
wage in the PDRY was $13.54. The prevailing daily wage for
unskilled labor in the ROY is $12-15, which allows a very
modest standard of living for a worker with a family. YAR
legal codes prescribed a maximum 8-hour workday (6 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.
In the YAR, the rights of workers were enunciated by law, but
labor regulations were not strictly enforced. The YAR
Ministry of Labor, upon a formal employee complaint of a
violation of the labor code, investigated the complaint and,
if found valid, sought restitution from the employer.
Enforcement of the labor code was more prevalent against
employers of large numbers of expatriate workers and against
foreign employers of Yemeni workers. Occasional stricter
enforcement of the labor code against large employers of
foreign workers likely occurs because it is easier to monitor
expatriate workers who require work and residence permits and
are often on government-to- government contracts. However,
stricter enforcement of the labor code against foreign
employers of Yemenis probably reflects a conscious effort by
the ROY to discriminate against these employers.
Local production in the north is largely based on agriculture
and cottage industries. Hiring often depends on family and
tribal connections. While working conditions are sometimes
harsh, consistent with the prevailing subsistence economy, the
YAR government set general safety rec[uirements for larger
concerns and occasionally checked to see if they were being
observed.
In the former PDRY, there was legislation regulating
conditions of labor, but there was no mechanism for effective
enforcement. Labor legislation was uniform throughout the
former PDRY but labor practice was not. Many, perhaps most,
workers in the south are farmers, many of whom work on
state-controlled or cooperative farms. Those in more isolated
rural areas enjoy a greater degree of independence.
