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TITLE: YEMEN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
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 suffrage and a
five-member Presidential Council elected by the Parliament
whose chairman serves as Head of State. Yemen held its first
parliamentary elections on April 27. They were monitored by
domestic and foreign observers and were generally held to be
free and open. They resulted in a 301-member Parliament, with
the General People's Congress (GPC), the party of President Ali
Abdullah Saleh, forming a coalition government with the Yemeni
Socialist Party (YSP) and Islaah, the Tribal/Islamic Grouping
for Reform. Tribal leaders in the north and east continue to
hold considerable power over large amounts of territory based
on their traditional prerogatives. Yemen has been in the midst
of a political crisis since August 1993 which has paralyzed
many government activities and all policymaking.
An extensive state-security apparatus, the Political Security
Organization (PSO), has replaced the National Security
Organization (NSO). Unlike the NSO, the PSO is independent of
the Interior Ministry and reports directly to the President.
Its officers retain 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.
Yemen is a poor country in which agriculture and oil dominate
the economy. Remittances from 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 aid from the Gulf states has almost ended. After
unification, the Marxist economy in the south was liberalized,
but former PDRY state institutions remain significant.
With the holding of free parliamentary elections and less
repression of civil liberties such as freedom of the press,
there were some gains in the human rights situation in 1993.
Nevetheless, significant restrictions remained. Major problems
included arbitrary detention, torture and abuse of prisoners,
and widespread discrimination based on sex, race, and religion.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Political and extrajudicial violence remains part of the Yemeni
political scene. Although there were a number of allegations
of political killings in 1993, none has so far been
substantiated.
b. Disappearance
As in 1992, there were occasional reports of Yemenis
disappearing following detention by the security forces. Most
such detainees were eventually released. Most reports about
disappeared persons were related to former members of the
National Democratic Front (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 prior to unification in 1990 have been unable
to obtain any information from the Government about the fate of
their relatives. The vast majority of these persons are
thought to have been killed while in the custody of PDRY state
security officials.
In a separate case, a credible source reported eight suspects
in the Aden bombing of the Gold Mohur Hotel, in which two
tourists died, were abducted and possibly killed by the YSP.
The Government reported the eight men had escaped.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution proscribes "physical punishment and degrading
treatment." It is widely believed, however, that security
officials resort with impunity to force or the threat of force
to extract information from detainees. There continued to be
reports in the Yemeni press alleging torture and mistreatment
by prison officials. Amnesty International reports that at the
beginning of 1993 at least 50 of the 1,000 persons arrested in
antigovernment riots in December 1992 remained in detention.
Some detainees were reportedly subjected to torture, including
beatings and electric shocks. Credible reports indicate that
Mansur Muhammad Ahmad Rajih, a writer and NDF activist, who
remains imprisoned, has been subjected to torture throughout
his incarceration. There was a credible report that a European
tourist was detained and tortured in July.
There were no reported instances of amputation in 1993. In
seven out of eight cases in which amputation penalties were
imposed, the Yemeni Supreme Court refused to confirm the
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. The eighth
case was still pending.
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 sanitary facilities, and severe
overcrowding. In the women's section of Sanaa central prison,
prisoners were in some instances unable to obtain milk for
their children who were incarcerated with them.
Although they are theoretically banned, shackles are still used
in a number of Yemeni prisons. Mentally ill persons are
occasionally shackled, as are those involved in "blood-money"
cases, i.e., prisoners held until they can pay a specified
amount of compensation to the family of someone they have
killed, usually in a traffic accident.
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 accused
persons are sometimes 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 in theory 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 by security
officials. While there are provisions for release on bail,
arrested Yemenis more commonly have a close family member
pledge surety for them. The accused has the right to hear the
charges being brought and an opportunity to respond to those
charges. 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
without a record of their sentences or why they were arrested.
However, it has become customary for the Government to pardon
between 500 and 700 prisoners each year at Eid Al Fitr, a
religious holiday marking the end of the holy month of fasting,
Ramadan; many of these are believed to be those held without
charge.
A common ploy of Yemeni employers is to hire third-country
nationals, often from the horn of Africa, and then, upon the
expiration of their term of service, accuse them of theft and
have them imprisoned in order to avoid paying their salary or
ticket home.
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 jury
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.
In the commercial courts, 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." Foreign litigants in
the commercial courts have frequently complained of biased
rulings, and both Yemeni and non-Yemeni litigants maintain that
tribal ties as well as outright bribery are often decisive in
obtaining a favorable verdict. 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 involving 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.
Yemen's judiciary is not fully independent. There are some
"government" judges, i.e., judges who will return whatever
verdict the Government desires. They operate generally at the
lower court level. The Appellate and Supreme Courts are
independent from the executive branch of government, though
they are not free of corruption, even at the highest levels.
Although the Shari'a and commercial courts in the former YAR
are largely independent of the executive, judicial authorities
have complained of executive branch interference in sensitive
cases and of the continued existence of extrajudicial prisons
maintained by some ministries.
The Government denies that it holds any political prisoners,
although credible Yemeni sources dispute this. Amnesty
International and other human rights organizations have
expressed concern about political opponents of the Government
who were arrested in the former YAR and are still believed to
be held in prison. All were suspected members of the NDF; no
confirmed figure is available on their number. Most NDF
prisoners appear to qualify as political prisoners on the
grounds that they did not receive fair trials. Some NDF
members, arrested before 1985, are reportedly still being held
despite a general amnesty declared in 1985 for all former NDF
members.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Despite constitutional guarantees against such interference,
security forces routinely search homes, monitor telephones,
read personal mail, and otherwise intrude into personal
matters, alleging security concerns.
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 typically engage in
uninhibited discussions of both domestic and foreign policies
in qat (a leaf that acts as mild stimulant which many Yemenis
chew) sessions, an institution deeply ingrained in Yemeni
life. However, some Yemenis remain cautious in exercising
their freedom of speech, believing that they may experience
difficulty if security agents overhear them criticizing
particular government leaders.
Since unification Yemen has enjoyed greater press freedom. In
addition to several major newspapers owned by the Government,
some 94 papers have been registered, although only about 60 are
being published, some of them on an irregular basis. These
papers represent a wide spectrum of political opinion and
frequently criticize government policies and leaders by name.
In one striking case in 1993, the editor of the only English
weekly published several articles accusing President Saleh of
cronyism. The Government charged the editor with
"antigovernment" slander, but the court threw out the
Government's case, an action that the press hailed as a victory
for freedom of the press. It remains to be seen what effect
this will have on the press, which is widely seen as practicing
self-censorship, particularly on sensitive issues such as
Yemen's policies during the Gulf crisis and Yemeni-Saudi
relations.
The Ministry of Information continues to subsidize most
newspapers, which gives the Government added control over the
print media. The Government has on occasion prevented the
distribution of foreign press articles deemed to be critical.
Articles and photos deemed salacious are forbidden. Although
there are no banned publications in Yemen, either foreign or
domestic, the Government has been known to effectively restrict
certain publications by imposing excessive duties or by other
indirect means. For example, a credible source alleged that
the high tariffs on newsprint are applied unevenly, with lower
tariffs granted to "government-friendly" newspapers.
The Ministry of Information 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 criticize
government policies.
Informational 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, there have
been no recent reports of government interference in teaching
programs or curriculum development. Ali Abdul-Fattah Hashim, a
writer and teacher, remains in prison after being arrested in
April 1992 on charges of apostasy for promoting "heretical"
teachings.
b. Freedom of Peaceful Assembly and Association
Organizations must register with the Ministry of Social
Security and Social Affairs, but licensing is usually routine.
Yemeni citizens have a right to demonstrate peacefully and
exercise it. Citizens continue to demonstrate regularly in
front of the President's office, Parliament, and provincial
government offices to voice their views on domestic issues.
c. Freedom of Religion
Islam is the state religion, and there are 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. The right of these organizations to run
schools, however, is restricted in that they must submit to
government oversight and regulation.
Most of the once sizable Yemeni Jewish population has
emigrated; about 500 Jews remain, mostly scattered in northern
rural areas. There are no formal synagogues, but services are
routinely held in private homes. Despite occasional
hindrances, the Government has allowed contact with foreign
Jewish groups and has permitted these groups to build and
operate schools and ritual baths in the two main centers of
Jewish population, as well as assist Jews wishing to emigrate
from Yemen in obtaining travel documents and tickets.
Except for several families in Aden, there are no indigenous
Yemeni Christians. 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 many checkpoints on major roads. Foreigners are
required to obtain permits for travel outside the capital, but
the regulations are not strictly enforced and allow the
Government to respond more quickly in case of need. Permission
for most tourist travel is easily obtainable through travel
agencies, and there are no reports of permission being denied.
Most Yemenis are able to travel abroad freely and to emigrate.
In contrast to 1992, Yemeni Jews are now able to emigrate with
relatively little hindrance. The Government has taken the
stand that Yemeni Jews, like all Yemenis, are entitled to
passports and that if they follow the prescribed procedures
they will be issued travel documents. This policy is being
implemented in practice.
For most Yemenis, obtaining passports is a relatively simple
matter. Exit permit procedures have been simplified, 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. There have been no reports of
Yemenis being denied the right to return.
Following a dramatic increase in the number of refugees
(primarily from Horn of Africa countries) in 1992 from about
10,000 to over 60,000, the influx in 1993 was insignificant.
There are no known cases of refugees being denied asylum, and
there were no reports of forced repatriation. Many of the
refugees have family or tribal ties to Yemen and have found
work in Yemen. The Government has offered Somalis without
ethnic affiliation to Yemen asylum under the care of the United
Nations High Commissioner for Refugees (UNHCR). The Government
closely monitors all political activity by refugees. Many of
the Palestinians who arrived in Yemen from Lebanon in 1982-83
have departed; the remainder live in camps near Sanaa and Aden
and are closely watched by the security services. Other
Palestinians are employed, often as teachers or business
people, and are not subject to 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
was successfully tested--at least to some degree--by the
holding of the new Republic's first elections in April in which
301 members of Parliament were chosen and which were generally
judged to be free and open. All the top leaders of the former
YAR and PDRY have remained in power after unification.
The Constitution gives broad powers to the Parliament: these
include electing the Presidential Council, withdrawing
confidence from the Government, questioning the Prime Minister
and other Ministers, ratifying international agreements, and
approving the budget. In its initial sessions, the Parliament
vetoed some government-sponsored bills and requested
modifications in others. Parliament has shown less
independence on issues of substance, as in the debates over
constitutional amendments. Implementation of laws passed by
the Parliament has been uneven as local ministry and other
officials retain considerable 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 (YSP) Secretary General, Ali Salem
al-Bidh. The Council's executive powers include 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 now comprised of 30 ministries, divided among the
three coalition members.
The new Constitution 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 parties, and parties may
establish their own newspapers. Even before unification, while
technically illegal in both the YAR and the PDRY, new political
parties began to organize. There are currently 54 political
parties in Yemen, but until now none has registered in
accordance with the 1991 political parties law.
Women may vote and hold office by law, although this right is
limited in practice by cultural and religious traditions. Two
members of the 301-member Parliament are women, and few women
hold senior leadership positions in the Government or political
parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are two nongovernmental human rights organizations: The
Yemeni Human Rights Organization, headquartered in Sanaa, and
The Yemeni Organization for the Defense of Liberties and Human
Rights, based in Aden. A government-sanctioned human rights
organization also exists as a committee of the Parliament. It
has held several meetings and has hosted an international
children's rights conference but has done little else of
substance.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, 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.
Women
Although the Constitution provides for equality of the sexes,
significant restrictions on women are imposed by tradition and
law. Under current law, polygyny is allowed, husbands may
divorce their wives without justifying their actions before the
court, and, in case of divorce, both the family home and the
children are often awarded to the husband. Until this year,
the relatively progressive family law from the south was still
applied in Aden. Earlier this year, however, a presidential
decree containing more restrictive regulations against women
was issued. Since it has never been ratified by Parliament, it
technically is not law. A prominent lawyer in Aden, however,
cites from personal experience before the courts their
enforcement of the more restrictive regulations.
The institution of dowry payments is widespread. The amount of
payments has continued to increase; government efforts at
limiting their size have been ineffective, due to societal
restraints. Societal pressures also 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 of women in significant numbers began in the YAR only
at the end of the civil war in 1970, although education of
women in the PDRY was more advanced. It is conservatively
estimated that 80 percent of Yemeni women are illiterate (some
estimates range as high as 95 percent), compared to 40 to 50
percent of all men. In Aden, women work in midlevel jobs in
several ministries and in banks and other businesses. Yemen's
largest factory 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. The Ministry of Justice has only
one female employee.
Wife beating and other physical abuse of women does occur in
Yemeni families. Statistics on wife beating are unavailable.
Although 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.
Children
The Yemeni Government claims to be fully committed to
protecting children's rights and hosted an international
children's rights seminar in 1993. In the face of continued
government preoccupation with the political crisis, however,
defense of children's rights is a low priority. Yemen is an
extremely impoverished nation and cannot provide all the
health, education, and welfare benefits children enjoy in more
developed countries. There is, however, a system of universal
education for children, as well as Government health clinics.
Child marriage remains common in rural areas. A form of female
genital mutilation, 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
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.
National/Racial/Ethnic Minorities
Yemenis with a non-Yemeni parent (so-called muwalladin) face
discrimination. For example, the Constitution requires that
members of the Presidential Council be "born of Yemeni
parents." Sanaa University, administered by the Government,
applies the same restriction when hiring teaching and senior
administrative staff, as does Yemen's military academy in
selecting cadets. However, discrimination against muwalladin
is not universal; many senior government officials, including
ministers, are muwalladin. Naturalization of the non-Yemeni
parent is enough to overcome the "Yemeni parents" requirement.
Another smaller group known as Akhdam, the descendants of
ancient Ethiopian occupiers who later became slaves, also faces
persistent social discrimination.
Religious Minorities
Apart from several Adeni Christian families and 20-30
underground Bahais in the north, Jews are Yemen's only
indigenous religious minority. By custom, non-Muslims are not
permitted to carry weapons, traditionally carried by Muslim
Yemenis. With the recent lifting of travel restrictions, the
most blatant form of discrimination against Jews has been
removed. More subtle forms of discrimination, such as lack of
political and economic opportunities, and the inability of
Jewish men to marry outside the Jewish community, remain. Such
discrimination is usually the result of custom rather than
government policy, however.
People with Disabilities
Disabled persons suffer discrimination based on traditional
social prejudices against mental and physical handicaps.
Persons with such handicaps are often isolated and are not
given equal opportunity for education or employment. As noted
in Section 1.c., mentally ill persons are occasionally
shackled. The Government has not enacted legislation or
otherwise mandated accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
As 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 actually
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 Government.
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.
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.
In the PDRY, 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 formerly Soviet-controlled World
Federation of Trade Unions.
In the YAR, labor-related legislation neither granted the right
to strike nor outlawed strikes. No major strikes were held in
1993, in contrast with 1992. A general strike was called for
in March, postponed until May, and finally dropped altogether
after the Government agreed to substantial cost of living
increases. Yemeni labor laws neither prohibit nor allow
retribution against strikers. The International Labor
Organization (ILO) Committee of Experts reminded the Government
in March that numerous changes in the Labor Code were necessary
to bring it into conformity with ILO Convention 87 on freedom
of association. The Government informed the ILO in June that
Article 39 of the Constitution, adopted following unification,
guarantees to trade unions the right of organization, freedom
of association, and political rights, which would be amplified
in a new labor code.
b. The Right to Organize and Bargain Collectively
Although the YAR Labor Code calls for employers to treat
workers collectively, it does not require collective
bargaining. There are consequently 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.
Neither the PDRY nor the YAR labor codes specifically prohibit
antiunion discrimination. Therefore, employers are not found
guilty of antiunion discrimination, nor are they required to
reinstate workers fired for union activities. Such matters may
be taken to labor courts, however, which are generally
favorably disposed toward unions. The ILO's Committee of
Experts again in 1993 urged the Government to adopt legislation
protecting workers against antiunion discrimination.
Until a new labor code is passed, workers in the north enjoy
limited protections under the YAR Labor Code. Workers in the
former PDRY have practically no protection. In the former
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.
There are 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 its practice.
d. Minimum Age for Employment of Children
There was no minimum age for employment of children in the
YAR. 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
regulated that of young persons (between 12 and 16 years of
age), although these provisions were not rigorously enforced.
Currently, apprentice employment of young persons aged 14 and
older is permitted. This minimum age requirement is not
enforced, and child labor is common throughout Yemen,
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 daily wage
for unskilled labor in Yemen allows a very modest standard of
living for a worker with a family.
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. There is no provision for a 24-hour rest period.
The PDRY Labor Code stipulates a 42-hour workweek. Government
employees generally work a reduced workweek: 35 hours (6 hours
a day, 6 days a week, with a 5-hour day on Thursdays). These
provisions, however, 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. One foreign oil company was not
permitted to require workers to shave; beards are usually
forbidden on oil rigs to allow for the use of gas masks in the
event of a blowout. Safety requirements are sometimes
unenforceable because foreign companies do not have the freedom
to discipline workers. Foreign companies have had labor
conditions and size of work force unilaterally imposed on them
by government ministries.
There is no legislation guaranteeing workers the right to
remove themselves from dangerous work situations without
jeopardy to continued employment. 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 effective enforcement.
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