[01/July/2010]  

By: Lyla al- Fuhaidi

Edited into English by: Mahmoud Assamiee

SANA'A, June 31 (Saba)- Minister of Human Rights Huda al-Ban has revealed the intention of her ministry to hold the 2nd National Dialogue on criminal justice in Yemeni legislation.

She also talked about an expanded dialogue with different civil societies to discuss various issues that related to human rights in Yemen and enhancing human rights culture in the society.

Al-Ban said in an interview with Yemen News Agency (Saba) that Yemen has made good progress in fields of enhancing human rights principles despite some political, social and cultural difficulties.

"We are still in the beginning and we still have a lot to achieve," she said.
"These improvements still suffer ineffective implementation because they're still emerging experience that needs time to become firmly settled in the society. The most significant thing is that we have the sincere intention to continue in this path to the end."

Furthermore, she pointed out that the safe age of marriage shows the superficial thinking and understanding of the divine legislation among many. She also considered the citation of the Prophet Mohammad's marriage with Aisha as illegal because each period of time has its own conditions.

The following interview sheds lights more on Yemen's achievements in human rights and human rights issues.

Q: Through the political trends of democracy and respecting human rights, there still some self pressures related to cultural , intellectual and social formation and other objective issues related to Yemen security and economy, so what's your assessment to what have been achieved in this field?

A: After establishing the Republic of Yemen in 1990, the wise political leadership chose to work on improving the ruling system politically and rights as well as enhancing the development, justice and equality of opportunities and respecting human rights.

At that time, and despite all the bad circumstances and difficulties that disturbed the comprehension of human rights values which needs huge public awareness to understand its contents and aims, our political leadership insisted to go forward in this path and the fast acceptance of almost the whole society to these changes contributed to achieving a lot. Yemen has achieved many things in short period of time which indicates the major efforts exerted in this regard.

To realize these achievements' size, we need a deep understanding to the essence of democracy and its relation to human rights. But most people even the educated look at it from a narrow angle of thinking that it's only connected to the state's performance.

Through this deep understanding, we can say that Yemen has attained so much ; starting from improving the ruling system which is based on democracy and rule of law, guarantee the freedom of speech, forming political parties, peaceful transfer of power through a free elections and constructing legislation system that guarantees all these rights.

We should also spread human rights culture and be opened in front of forming the Civil Society Organizations (CSO) which is the spirit of human rights along with widening the cooperation horizons with the human rights international organizations by signing 57 world agreements.

In addition to the serious work with the various international reports over the human rights situations in Yemen and the achievements which are considered a clear indicator of what has been achieved in this field. However that does not mean that we reached the perfection or did the impossible for we are still in the beginning and have a lot to do as we have the true will to continue in this path to the end.

Q: Regarding the current legislations observers see that they are violated and law amendments face troubles in achieving, how can you overcome these?

A: This is exaggerated and not based on objective facts because our legislations are distinguished to a great degree despite some faults in implementation which may happen by some individuals who would be punished by law.

Globally, legislations are still inefficient in terms of content and implementation, but Yemen as a democratic country is trying hard to avoid this ineffectiveness through a wide program to improve the legislation system and make them suitable to the concerend authorities.
We are also working with the Danish Institute for Human Rights on the justice project in the Yemeni legislations in cooperation with a number of specialists, related authorities, representatives and the CSO's, which aims at improving the Justice –related legislations.
Up to now, a number of laws have been amended and didn't face any approval difficulties.

Q: Concerning the social legislations in Yemen which face great oppositions in the parliament such as deciding the safe age of marriage in the civil statistics law, what's your ministry's role in this issue?

A: Early marriage and deciding on the safe age of marriage is a major and controversial issue in Yemen nowadays.
This issue showed the misunderstanding of the real divine legislations among a number of scholars as they set Aisha as their example which is illegal because Islamic legislations are flexible and suitable for each time with all the changes that may benefit humanity.
I personally think that the legal opinion is what sheikh al-Qaradawi said and it should be taken in consideration because it’s the rational and religious opinion. Human Rights Ministry is exerting its efforts towards this issue and intends to continue until approving a safe age of marriage law.

Q: A number of local and international observers and analysts believe that respecting human rights in Yemen has retreated in 2009 due to Sa'ada war and other conflicts, as a Minister of Human Rights, is this correct?

A: Naturally, the state would interfere to implement its duties towards the society, in case of having some problems or any security disturbances. That may be go together with some restrictions which are normal law procedures every where and agreed by all the national and international regulations to guarantee the supreme peace for the country and the people.

On the other hand, the political quarrels and some inaccurate media coverage led to turn the facts and inflate these procedures. So, the media role turned from an honest transmitter of events to a provoker who pours oil on fire.
We also affirm that these measures never make human rights retract in any way, but on contrary, these measures being taken by the government mainly serve the interest of the country and the nation.

Q: What are the Ministry significant programs for 2010?

A: During 2010, the ministry will work on finalizing the implementation of its programs to enhance and protect human rights through studying and reviewing various laws and legislations and present its recommendations to the concerned bodies.

The 2nd national dialogue conference to discuss the Yemeni-legislation of justice and finalizing the preparation of the future strategy of human rights in the society will be held this year. We will also hold a wide dialogue conference with the different civil society organizations to discuss the related issues.
The ministry also seeks to enhance the woman role and enable her politically through the "Quota system" (Quota system is giving women 15 seats in Yemeni parliament) approving which guarantee having a number of seats in the parliament and in the local councils.


Q: What are the challenges facing your ministry?


A: Obstacles normally face any project and our ministry has faced a number of difficulties due to the week awareness on human rights principles in the society. In addition, the lower funds that are allocated to achieve these programs and activities of different training and educating sides and in the field of inspection visits of the prisons and prisoners all around the country is another obstacles facing the ministry's activity.

Q: Are there any opened hotlines to the public to receive their complaints?

A: Receiving public's complaints or notifications on any violations or any demands is the main aim of the ministry as the political leadership considers that the tangible meaning of Human Rights Ministry.
The ministry also works on collecting these complaints from the official and national newspapers and studies them in coordination with the related official bodies to find solutions.

Q: Regarding child smuggling, what has the ministry done to limit this issue?

A: Kids trafficking is a critical case that mobilized all the States' authorities considering it a new and weird phenomenon in Yemen society. To confront this phenomenon, a supreme technical committee from all the related authorities such as human rights has been formed.

A number of preemptive strategies have been prepared and implemented and tough punishing laws against the involved have been issued too.
Wide awareness campaigns were carried out to confirm the religion opinion in this issue and on the resulted risks kids encounter and the whole community and the tragic conditions the smuggled kids suffer. At the end all our efforts were successful and this phenomenon has been eliminated to a far extent.


Q: What are the needs of the ministry to do its job perfectly?

A: Actually, the ministry is carrying out its tasks to a great degree according to the presented abilities. We do not measure our achievement by what we have done but by our decisions to invest all the efforts to attain the entrusted goals.
Moreover, we are trying to improve our role which needs some amendments to the ministry bylaw in addition to rise the operative budget for the coming period.


Q: What about the relation between your ministry and the CSOs, how do you assess it and is there any joint programs?

A: The ministry has special relations with a number of active civil organizations as we always seek to improve these ties and we never hesitate to support them by all the possible means.
Furthermore, we support their programs and activities as well as included them in the training and awareness courses which the ministry carries out to boost their abilities in carrying out their duties.
The ministry has formed a number of committees by including some civil society organizations to participate in implementing programs and activities on the ground.






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