NGO Law Monitor: Yemen

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Last updated 10 September 2013

Introduction

The Law on Associations and Foundations (Law 1 of 2001) is without doubt the most enabling law governing non-governmental organizations (NGOs) in the Arabian peninsula. In contrast to the laws of Saudi Arabia, the United Arab Emirates, Oman, and other Arab Gulf countries, Yemeni NGOs are generally easily established and can operate with a minimum of government interference. That said, Yemeni civil society has criticized restrictive implementation practices for a number of years, and the Yemeni government itself has regularly put forward proposals for new restrictions on Yemeni NGOs (though as of this writing, none have been approved by parliament). As recently as November 2012, the Ministry of Justice and the Ministry of Labor and Social Affairs proposed amending the NGO law, and drafting of new amendments is currently underway. While many Yemeni NGOs welcome these moves as opportunities to address implementation problems, several NGOs have warned that the amendment process may lead to new restrictions.

According to the Ministry of Labor and Social Affairs, Law 1 of 2001 has resulted in the establishment of more than 6000 associations and foundations. Most of these organizations (approximately 5000) work in the philanthropic field (receiving money from individual donors and institutions and distributing it to the needy), while some 700 organizations work in the social development field, and some 300 work in the human rights and democracy fields, including women's and children's rights.

At a Glance

Organizational Forms	Associations and Foundations
Registration Body	Ministry of Labor and Social Affairs
Approximate Number	6,000
Barriers to Entry	Associations are required to have a large number of founding members and foundations are required to deposit a comparatively large initial balance with a bank.
Barriers to Activities	The Ministry of Labor and Social Affairs has extensive rights to supervise and monitor association activities.
Barriers to Speech and/or Advocacy	No legal barriers to speech or advocacy, but in practice, vocal human rights organizations may face difficulties in dealing with government.
Barriers to International Contact	No legal barriers.
Barriers to Resources	No legal barriers to resources, but NGOs engaging in economic activity must confront unfavorable public opinion.

Key Indicators

Population	24,771,809 (July 2012 est.)
Capital	Sana'a
Type of Government	Republic
Life Expectancy at Birth	Male: 62.05 years Female: 66.27 years (2012 est.)
Literacy Rate	Male: 81.2% Female: 46.8% (2010 est.)
Religious Groups	Muslim including Shaf'i (Sunni) and Zaydi (Shia), small numbers of Jewish, Christian, and Hindu
Ethnic Groups	Predominantly Arab; but also Afro-Arab, South Asians, Europeans
GDP Per Capita	$2,300 (2011 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2013.

International Rankings

Ranking Body	Rank	Ranking Scale (best - worst possible)
UN Human Development Index	154 (2011)	1 – 182
World Bank Rule of Law Index	8.9 (2011)	100 – 0
World Bank Voice & Accountability Index	9.9 (2011)	100 – 0
Transparency International	156 (2012)	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 6 Civil Liberties: 6 (2012)	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	Rank: 8 (2012)	177 – 1

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	1987
Optional Protocol to ICCPR (ICCPR-OP1)	No	--
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	1987
Optional Protocol to ICESCR (OP-ICESCR)	No	--
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1972
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1984
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	No	--
Convention on the Rights of the Child (CRC)	Yes	1991
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	No	--
Convention on the Rights of Persons with Disabilities (CRPD)	Yes	2009
Key Regional Agreements	Ratification*	Year
Arab Charter on Human Rights	Yes	2008

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Constitution of Yemen was ratified by popular referendum on May 16, 1991, with amendment made in 2001. Relevant constitutional provisions include:

Article (48)(a): "The state shall guarantee to its citizens their personal freedom, and preserve their dignity and their security. The law shall define the cases in which citizens' freedom may be restricted. Personal freedom cannot be restricted without the decision of a competent court of law."
Article (51): "Citizens have the right of recourse to the courts to protect their rights and lawful interests. They also have the right to submit their complaints, criticisms, and suggestions to the various government bodies directly or indirectly."
Article (53): "The state shall guarantee the freedom and confidentiality of mail, telephone, telegram and all other means of communication, none of which may be censored, searched, exposed, delayed or confiscated except in cases specified by law and according to a court order."
Article (58): "In as much as it is not contrary to the Constitution, the citizens may organize themselves along political, professional and union lines. They have the right to form associations in scientific, cultural, social and national unions in a way that serves the goals of the Constitution. The state shall guarantee these rights, and shall take the necessary measures to enable citizens to exercise them. The state shall guarantee freedom for the political, trade, cultural, scientific and social organizations."

National Laws and Regulations Affecting Sector

Relevant national legislation governing civil society includes the following:

Law on Associations and Foundations (Law 1 of 2001) [English] [عربي]
Implementing Regulations for the Law on Associations and Foundations [English] [عربي]
Law on Cooperatives and Unions
Law on Anti-Money Laundering and Terrorism

Pending NGO Legislative / Regulatory Initiatives

The Ministry of Labor and Social Affairs, the Ministry of Justice, members of parliament, and Yemeni civil society leaders have launched efforts to amend the Yemeni NGO laws several times in the last five years, but none of these efforts have resulted in passage of a new or amended law. The most recent announcement of a reform effort was made by Undersecretary of the Ministry of Labor and Social Affairs Ali Saleh Abdullah, who said that his ministry intends to improve NGO performance by introducing amendments to the NGO law. According to Mr. Abdullah, "the ministry drafted twelve amendments to the NGO law to address flaws in how the law was implemented over the past decade... [These amendments] relate to organisational aspects, membership rules and controls relating to funding sources." However, the National Organisation for Defending Rights and Freedoms (HOOD) and several other prominent human rights organiztaions have criticized the proposed amendments, claiming that they will introduce new restrictions on NGO operations in Yemen. As of this writing, no final proposal has been submitted by the government for the consideration of the Yemeni parliament.

In addition, the ongoing "National Dialogue" process will grant 40 out of 565 spots in the constitutional convention to civil society representatives. It is unclear as of this writing whether the new constitution will lead to new protections for civil society or may result in new restrictions.

Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

Legal Analysis

Organizational Forms

There are two organizational forms for civil society in Yemen: associations and foundations.

The Law on Associations and Foundations (Law 1 of 2001) allows the formation of associations, including national associations and organizations, cultural centers and clubs. Associations are defined as:

"any popular group established in accordance with this law by natural persons the least number of which is 21 persons at the time of application for the establishment thereof and 41 persons at the constituent meeting, the primary purpose of which is the realization of a common benefit for a specific social group, or to undertake activities or functions that are of a public benefit, and which does not seek from its activities to generate a financial profit for its members, and the membership of which shall be open in accordance with the conditions spelled out in the organizational procedures" (Article 2).

Foundations can be formed by one or more natural or legal persons for a public benefit purpose. There are no separate governance provisions for foundations.

Associations and foundations must be registered at the Ministry of Labor and Social Affairs in Sana'a and/or its local representative offices in the governorates.

Public Benefit Status

Law 1 of 2001 requires that all associations and foundations pursue not-for-profit, public benefit goals. Under Law 1 of 2001, associations and foundations receive tax exemptions for imports as well as discounts in public utility fees. However, the actual implementation of these exemptions is cumbersome due to the conflict with other laws governing the agencies providing these services.

Barriers to Entry

Any association established pursuant to Law 1 of 2001 must be founded by no less than 21 natural persons at the time of application and 41 persons at the time of the first meeting. According to the implementing regulations, associations must also deposit one million Yemeni rials (around US $5,000) with a bank before they can register.

Barriers to Operational Activity

The Ministry of Social Affairs has extensive rights to supervise and monitor the activities of associations, through the following regulatory requirements:

Law 1 of 2001 requires that a Ministry representative attend internal elections of associations;
Law 1 of 2001 fails to guarantee associations the right to develop their internal regulations in the way their members wish;
All associations must submit annual reports to the Ministry in order to renew their license. The Ministry has the right to audit an association’s funding, its sources and disbursement. In addition, Law 1 of 2001 provides the Ministry with the right to question associations about their activities, especially financial matters;
Law 1 of 2001 envisions personal liability for board members in cases of negligence, and contains no provision to relieve officers, directors, and employees of personal liability for the debts, obligations, or liabilities of the association or foundation.

In February 2010, the House of Representatives passed the Law on Money Laundering and Combating Terrorism. The Law contains an article that permits a committee in the Central Bank to:

Examine and inspect bank accounts without prior notice.
Halt the activities of any company or organization operating in Yemen for a period of 24 hours, with a possible extension up to a month without following any legal procedures.

The Civic Democratic Initiatives Support Foundation and its partners as well as the Union of Yemeni Lawyers presented written proposals to the Central Bank committee, arguing that the provisions related to illegal searches and surveillance of bank funds could harm associations and organizations that have projects funded by international parties. In addition, CSO supporters have testified before the House of Representatives to propose reinterpretation of certain articles.

In March 2010, the Department of Administration of Associations in the Ministry of Labor and Social Affairs performed field visits to the offices of a number of associations and foundations, and requested that questionnaires be filled out on the activities of each organization. It announced that such visits would periodically be conducted to ensure the organizations' functioning.

Since August 2009, the Yemeni government and its political opponents in the far north of the country and in the majority of its Southern governorates have been in conflict. Although the confrontations have only turned violent in the far north (Sa’ada), this continued tension has negatively affected the general work environment for CSOs, both humanitarian and political. For example, many humanitarian organizations— both domestic and international—complain about their inability to provide services to those in need in the far north. They have only been able to provide services to those who sought refuge in camps established by the government in some of the governorates. At the same time, almost all human rights organizations have reported on the serious deterioration of human rights in Yemen and a growing number of violations which have touched the lives and freedoms of Yemenis. And, most importantly, non-governmental organizations have faced extreme difficulties in monitoring such violations.

Barriers to Speech / Advocacy

There are no legal barriers to speech or advocacy.

At the same time, however, active human rights defender organizations are often accused of being aligned with opposition political parties, or face difficulties in dealing with various governmental departments.

In terms of public participation, while many government bodies encourage associations to engage in formulating laws and policies, the government typically expects these associations to agree to the government proposals. Therefore, in practice, the space for dialogue between the two sectors is limited.

Barriers to International Contact

There are no legal barriers to international communication or contact.

Barriers to Resources

In April 2010 the House of Representatives in a surprising and somewhat unexpected development passed the Law on Money Laundering and Combating Terrorism. The subject was under review by the Security and Defense Committee for months. The Civic Democratic Initiatives Support Foundation and its partners as well as the Union of Yemeni Lawyers presented written proposals to the committee demonstrating the danger of some of the articles related to illegal searches and surveillance of bank funds—the provisions concerning the latter could harm associations and organizations that have some projects funded by international parties. Although some minor amendments were made to the law, it still contains an article which permits a committee in the Central Bank to examine and inspect bank accounts without prior notice and to stop any company or organization operating in Yemen from activity for a period of 24 hours, which could be extended for up to a month, without following regular legal procedures.

Reports

UN Universal Periodic Review Reports	Universal Periodic Review: Yemen (2009)
Reports of UN Special Rapporteurs	Yemen
USIG (United States International Grantmaking) Country Notes	Not available
U.S. State Department	2009 Country Reports on Human Rights Practices: Yemen Advancing Freedom and Democracy Reports, 2010: Yemen
Failed States Index Reports	Foreign Policy: Failed States Index 2012 Fund for Peace Country Profile: Yemen
IMF Country Reports	Yemen and the IMF
International Commission of Jurists	Not available
International Center for Not-for-Profit Law Online Library	Yemen

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

Dispute between political parties will affect elections process(August 2013)
The Supreme Committee for Elections and Referendum (SCER) has referred its dispute with political parties to President Abdu Rabu Mansur Hadi to resolve. SCER and the political parties disagreed over the percentage SCER had allocated to each political party in the supervisory committees that will oversee the work of the main and sub-committees in each governorate during the elections scheduled for February of next year. SCER did express concern about the delay in establishing the supervisory and main committees in a statement published on its website.

Journalists attacked, threatened amid Yemen protests (May 2013)
The Committee to Protect Journalists condemns an attack on Al-Jazeera journalists and threats against a Sky News Arabia news crew by anti-government protesters in Aden--the latest in a wave of violence against the press in the country. Al-Jazeera correspondent Yasser Hassan and cameraman Samir al-Nimri were beaten by dozens of supporters of Yemen's southern secessionist movement in the southern city of Aden, a network spokesman told CPJ. Hassan was hospitalized with a broken nose and Nimri's body was covered in bruises. A third crew member, correspondent Safa Karman, was unharmed, news reports said.

Human Rights Violations in the South of Yemen (December 2012)
A number of CSOs gathered in Aden to review the violations of human rights which occurred during 2012 in the South of Yemen.

Yemen aims to improve NGO sector through regulation and guidance (November 2012)
Undersecretary Abdullah said his ministry intends to improve NGO performance by introducing amendments to the NGO law. "The ministry drafted 12 amendments to the NGO law to address flaws in how the law was implemented over the past decade," Abdullah said. "[These amendments] relate to organisational aspects, membership rules and controls relating to funding sources." However, at the same time, The Yemeni Ministry of Social Affairs and Labour recently de-listed 2,000 non-governmental organisations (NGOs) and suspended their activities.

Youth initiatives in volunteerism (November 2012)
Minister of Information praises the role of youth initiatives and civic organizations in volunteerism, raising the awareness of society and promoting public participation.

A National Independent Human Rights Commission (October 2012)
The Ministry of Human rights held a workshop to discuss the draft law of the National Independent Human Rights Commission and encourage CSOs to share their suggestions and comments.

Workshop to discuss the Law on Associations (October 2012)
The Civic Democratic Initiatives Support Foundation held a workshop to discuss the Law on Associations and stress on the importance of including suggested amendments in the agenda of the Ministry of Legal Affairs.

CSOs agree to partake in national dialogue in Yemen (August 2012)
Civil Society Organizations (CSOs) in Yemen agreed on Thursday to take part in the upcoming national dialogue and meet the aspirations of Yemeni society and its organizations. This came in a statement issued by 42 CSOs that participated in a consultative meeting in Sana'a, which focused for two days on the non-government organizations' participation in the national dialogue.

IIRO calls for quick relief aid to save millions of Yemenis (July 2012)
The International Islamic Relief Organization (IIRO) called for all regional and international organizations to quickly provide relief aid to save millions of Yemenis affected by unrest, poverty, hungry and illness.

Alarm bells over worsening humanitarian crisis (May 2012)
“Yemen is heading for a major humanitarian crisis unless relief organizations quickly boost their response capacity, and donors, including wealthy neighbors, provide much-needed funding to contain rising malnutrition, disease and poverty. The humanitarian crisis in Yemen has reached a level where it affects millions of people, not only internally displaced people, refugees, and migrants, but also ordinary Yemeni families in all areas,” said a joint statement by international humanitarian actors, including UN agencies, the League of Arab States, and the Organisation of Islamic Conference after a 6 May meeting in the Egyptian capital, Cairo.

Tribal leaders discuss transitional justice law (May 2012)
The National Democratic Institute (NDI), in collaboration with Yemen's Legal Affairs Ministry, held a workshop in Sana'a to discuss the transitional justice draft law. Transitional justice was applied in some countries such as Morocco, South Africa, and Indonesia in the wake of sectarian, ethnic or political conflicts. Through this law, it is hoped that conflicting sides will reach a settlement in a period of political change. With the participation of four tribal alliances, the transitional justice law and its role in creating equality in Yemen was discussed.

Formation of a Common Entity (May 2012)
The Prime Minister announces the importance of forming a common entity with representatives from the government, private sector and civil society. A committee of these sectors must be formed to exchange their different opinions on the role of this entity.

Law on Access to Information is passed (April 2012)
The parliament passed the Law of Access to Information after reviewing the report of the Committee on Information, Culture and Tourism.

Servants protest for being marginalized (April 2012)
Yemeni servants are angry for being ignored and marginalized after protesting against low wages and absence of employment contracts.

Minister discusses draft Transitional Justice Law and Human Rights Commission with civil society (March 2012)
In an interview with the Yemen Times, the Minister of Human Rights said that steps were being taken with civil society organizations and international entities, including the Office of the United Nations High Commissioner for Human Rights, to create a Human Rights Commission. Similarly, the Minister said a draft transitional justice law was being was being discussed with civil society, justice officials, academics and others. She said it would be submitted to the Council of Ministers before being sent to Parliament.

No immunity for Yemen's Saleh abroad: Human Rights Watch (February 2012)
The United States and Gulf Arab states are not bound by a Yemeni parliament decision to grant President Ali Abdullah Saleh immunity from prosecution over civilian deaths during protests against his rule, Human Rights Watch said Wednesday. HRW said all countries should impose an asset freeze and travel ban on Saleh, now having medical treatment in the United States, and other Yemeni officials implicated in serious rights violations committed since unrest began early last year.

Coping with unrest - aid workers turn to the community (January 2012)
Unrest in Yemen for almost a year has affected the government’s capacity to function, forcing aid agencies to work more closely with, and through, community-level partners and volunteers, says a senior aid worker with the UN Children's Fund (UNICEF). “The government commitment at the central level [line ministries] to allocate resources and implement and monitor routine activities is inadequate; the capacity of decentralized government institutions to fulfil their obligations is very weak,” said Geert Cappelaere, a UNICEF representative in Yemen.

News Archive

UN rights council slams Yemen violations (September 2011)

U.N. accuses Yemen of using deadly force in protests (September 2011)

Targeted repression continues in Bahrain and Yemen (May 2011)

French aid group mulls Yemen staff pullback (May 2011)

Yemen: violent protests as pact divides opposition and youth activists (April 2011)

Yemen's neighbors step up role in pushing for Saleh's exit (April 2011)

UN human rights office voices concern at recent events in Yemen, Bahrain and Syria (March 2011)

In Yemen, female activist strives for an Egypt-like revolution (February 2011)

Women Journalists Without Chains Condemns the Death of a Woman and the Injury of Two Women During Women’s Demonstrations (January 2011)

Yemen adds to the protest in the Middle East (January 2011)

The foregoing information was collected by Ghazi Al Samey, President of the Activist Organization for Development and Human Rights in Ta'iz, Yemen.