NGO Law Monitor: Yemen

Download PDF Version
Last updated 8 May 2012

Introduction

The Law on Associations and Foundations (Law 1 of 2001) is one of the more enabling laws in the Arab Gulf region governing non-governmental organizations (NGOs). Moreover, most government plans and strategies mention important roles for NGOs as partners in their work. That said, the Government regularly threatens to replace the Law on Associations and Foundations with a more restrictive framework because it does not approve of the role of NGOs in development, human rights and community participation.

According to the Ministry of Labor and Social Affairs, Law 1 of 2001 has resulted in the creation 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 poor people), 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.

Since 2006, Yemeni NGOs, with the help of some international organizations, have attempted to improve the legal framework for NGOs in order to enable them to carry out their missions effectively. However, when the Ministry of Labor and Social Affairs introduced draft amendments to Law 1 of 2001 that were widely perceived as more restrictive than the existing law, efforts shifted to educating Members of Parliament (MPs) about the need for a good law and the need to reject the proposed amendments. These efforts bore fruit in early 2010, when the Government's draft amendments were formally rejected by the Yemeni parliament.

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 deposit a comparatively large initial balance with a bank.
Barriers to Activities	The Ministry of 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	23,495,361 (July 2010 est.)
Capital	Sana'a
Type of Government	Republic
Life Expectancy at Birth	Male: 61.35 years Female: 65.47 years (2010 est.)
Literacy Rate	Male: 70.5% Female: 30%
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	$2,600 (2010 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2010.

International Rankings

Ranking Body	Rank	Ranking Scale (best - worst possible)
UN Human Development Index	133 (2010)	1 – 182
World Bank Rule of Law Index	13.2 (2009)	100 – 0
World Bank Voice & Accountability Index	11.8 (2009)	100 – 0
Transparency International	146 (2010)	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 6 Civil Liberties: 5 (2010)	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	Rank: 15 (2010)	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	No	--

* 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, 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:

Civil Code;
Law on Associations and Foundations (Law 1 of 2001);
Law on Syndicates;
Law on Political Parties and Formations;
Law on Cooperatives and Unions;
Law on Anti-Money Laundering and Terrorism;
Law on Local Authority; and
Law on Elections.

Pending NGO Legislative / Regulatory Initiatives

ICNL's local partners report that a paper outlining modifications to the Law on Associations and Foundations proposed by (1) the Government; (2) the opposition Islah party; and (3) Yemeni NGOs was presented on the floor of the parliament on December 5, 2011. It is unclear as of this writing whether the paper has been taken up by the parliament, and if so, whether or not the parliament will act to amend the law in the coming weeks.

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 completely 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 2010 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.

General News

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. (Read more)

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. (Read more)

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. (Read more)

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. (Read more)

UN rights council slams Yemen violations (September 2011)
The UN Human Rights Council Thursday slammed violations in Yemen but did not say if they were committed by troops loyal to embattled President Ali Abdullah Saleh or rival tribesmen and renegade troops. The resolution, proposed by Yemen itself and adopted by consensus, asked the office of the UN rights chief Navi Pillay to present a progress report on the situation in the country during the next sitting of the council in 2012. It also noted the Yemeni authorities’ pledge to launch ‘transparent and independent investigations, which will adhere to international standards’ on the alleged abuses. (Read more)

U.N. Accuses Yemen of Using Deadly Force in Protests (September 2011)
A United Nations report published Tuesday says the Yemeni government has used excessive and deadly force against peaceful demonstrators, killing hundreds and wounding thousands since the beginning of the year. (Read more)

U.N. says sending human rights team to Yemen (June 2011)
A team of United Nations human rights investigators will travel to Yemen next week to assess the situation after months of unrest, a U.N. spokeswoman said on Friday."The U.N. human rights office is due to deploy a three-member delegation to Yemen on Monday for a 10-day mission to assess the human rights situation in the country in light of recent events," spokeswoman Ravina Shamdasani told a news briefing. (Read more)

Targeted repression continues in Bahrain and Yemen (May 2011)
In the past few days, the authorities have arrested more photographers and photo-journalists who had been covering the pro-democracy demonstrations taking place in Bahrain since mid-February. The aim of these targeted arrests is to limit the dissemination of news reports, photos and video of the protests and the government crackdown. Reporters Without Borders calls for the immediate release of these photographers and of all the other people who have been arrested for circulating information about the protests and repression. The press freedom organization also calls on the courts to overturn the conviction of Hassan Salman Al-Ma’atooq, a photographer who has been sentenced to three years in prison. (Read more)

French aid group mulls Yemen staff pullback (May 2011)
French aid group Triangle Generation Humanitaire said on Sunday it may evacuate many of its dozen expatriate staff from Yemen after three staffers were feared kidnapped in the troubled country."We are looking at repatriating a large number of our team on the ground," the NGO's co-director Christian Lombard told AFP of the group that has worked in the Arabian Peninsula country since 1998 on water and agriculture projects. A decision would be taken on Monday or Tuesday, he said. Three Triangle Generation Humanitaire staffers -- two women and a man -- went missing on Saturday, and a Yemeni security official, speaking on condition of anonymity, said: "The most likely thing is that they have been kidnapped." (Read more)

Yemen: violent protests as pact divides opposition and youth activists (April 2011)
Yemen’s government and opposition parties have formally agreed to a compromise plan to ensure a peaceful political transition, but several protesters were killed today during demonstrations against the deal. One opposition figure called the pact “the least-bad option for us at this point,” but the youth-led protest movement rejected the agreement, brokered by the Gulf Cooperation Council. (Read more)

Yemen's neighbors step up role in pushing for Saleh's exit (April 2011)
The Gulf Cooperation Council is joining negotiations to end Yemen's political stalemate. (Read more)

UN human rights office voices concern at recent events in Yemen, Bahrain and Syria (March 2011)
The United Nations human rights office voiced its deep concern at recent events in Yemen, Bahrain and Syria, including the excessive use of force and killing of protesters, while stressing the responsibility of Governments to uphold basic freedoms, even in times of instability. (Read more)

In Yemen, female activist strives for an Egypt-like revolution (February 2011)
Tawakkol Karman sat in front of her laptop, her Facebook page open, planning the next youth demonstration. Nearby were framed photos of her idols: the Rev. Martin Luther King Jr., Mahatma Gandhi and Nelson Mandela. These days, though, Karman is most inspired by her peers. "Look at Egypt," she said with pride. "We will win." (Read more)

Women Journalists Without Chains Condemns the Death of a Woman and the Injury of Two Women in Lahij and Hadramawt During Two Women’s Demonstrations (January 2011)
Women Journalists Without Chains condemns the oppression and assault committed by security forces against peaceful women’s demonstrations in Hadramawt and Lahij provinces on January 13, 2011. The use of Molotov cocktails and firing of live bullets on the demonstrators resulted in the killing of a woman Nouria Saleh Maktoof who was run over by one of the security teams after she lost her vision from smoke bombs. Zainab Shakir Bin Thabi was injured by live bullets in Hadramawt province, and Nathra Salih was injured by live bullets in Lahij province. (Read more)

Democracy Digest

Yemen adds to the protest in the middle east (January 2011)
Thousands of protesters in the Yemeni capital Sanaa have gathered to demand political reform. Opposition parties, civil society groups and democracy advocates are demanding the ouster of 30-year president Ali Abdullah Saleh. (Read more)

Amnesty International

Yemen: Cracking Down Under Pressure, Amnesty International report, read here.

The foregoing information was collected by the ICNL NGO Law Monitor partner in Yemen.