Yemen: Freedom of Expression in Peril, Study Warns

In a study issued this January, the London-based Article 19 – Global Campaign for Free Expression – indicated that freedom of expression and media in Yemen is in peril. The study is based on a field research conducted by consultant Isabelle Scherer and MENA program officer Sara Richani, which also included a study of Yemen's constitution and press and printings law.

The study points out that Yemen's unification and democracy adoption in 1990 has helped the progress of independent and opposition press. Independent and opposition newspapers have followed a critical tone that was unheard in the region.

However, these tendencies slowed down in the wake of 11 September 2001 attacks that targeted the New York-based World Trade Center as Yemen joined U.S. on what is known to be 'war on terrorism' and official authorities have taken it as a pretext to detain hundreds of citizens suspected of being Al-Qaeda affiliates.

According to the study, Political Security Apparatuses (PSA) harassed, detained and questioned journalists who covered the news of arrests and detentions of citizens. It also demanded them to stop reporting of security issues, claiming it badly harms the country's fame.

Under such conditions, some journalists resorted to self-censorship to avoid the continuous harassments and assaults by PSA affiliates. The study added that waves of attacks against media personnel peaked and reached worrying levels with several editors-in-chief prosecuted under terrorism-related charges.

It also reported that authorities have imposed a media blackout and forbid the access of independent and opposition journalists to the northern province of Sa'ada, which has witnessed four successive wars starting in 2004 and a fifth one at the door steps. These wars reportedly have killed and injured thousands among warring parties as well as civilians and about 100,000 locals have been displaced. The journalists who attempted to cover the news of these wars were harassed and prosecuted under the pretext of endangering the 'national security'.

As for economic socio-cultural challenges, the study hints a higher percentage of illiteracy (50 percent) among Yemeni people especially in rural areas where the percentage rises. Further, the state exercises a complete monopoly over broadcast media including radio which could be effective for educating illiterate people.

Though Yemen joined many international conventions and treaties relating to human rights and freedom of expression, the constitution stipulates that these rights should not be exercised in a way 'contrary to constitution'. The study sees the constitution's article No. 57 as a vague formulation with diverse and arbitrary interpretations. It also views the 1990 press and printing law to be restrictive on press freedom.

Under this law, journalists are subjected to prosecution and imprisonment. Several journalists are facing trials before the Special Penal Court on terrorism, something considered by the study to be a very worrying development.

Despite the fact that Yemeni laws guarantee the right to information, the practical implementation of these laws is absent.  

Still, state exercises monopoly on broadcast stations, and does not allow private media to have their own channels. Despite Information Minister's promises in June 2007 to allow private broadcast media, no steps have been taken in this direction since then. There has been a notable progress in the number of newspapers and magazines; however, economic situation has affected the independent media.

Moreover, authorities are cloning existing opposition papers and websites to divert their readership. The study cited the cloning of Al-Shoura newspaper with Sawt Al-Shoura. Some websites were duplicated as is in the case of NewsYemen.

The study further observes that though President Saleh in person supported the removal of the clause that provides for the imprisonment of journalists, journalists are still charged and sentenced for prison terms. It also raises a big question around the licensing of newspapers and magazines as about 60 requests for starting newspapers and magazines have been for months or years denied by Information Ministry.

Similarly, the study criticized filtering electronic websites and SMS news services particularly during sensitive events like tourists kidnapping as for Marebpress that was screened in 2006 for 24 hours following covering the kidnapping of Italian tourists. Further, some websites were blocked during the presidential and local elections of 2006 and during Sa'ada wars. 

One of the challenges Yemeni journalists face according to the study, is the lack of responsiveness or cooperation by official authorities. Though stated in the press and printings law, journalists are denied the right to access data, statistics and news. Customary mail or material by freight is inspected before reaching the customer or distributor. Some papers are confiscated from markets or before being circulated.

Several press people have been subjected to mistreatment, beating, death threats, harassments,etc. Some journalists were forced to give up writing about sensitive issues and criticism especially of high-ranking officials.

Just like papers, active civil society and non-government organizations have been subjected to harassment and threatened by authorities. State resorted to clone some organizations especially those that are critical towards authorities. Sometimes, it withdrew their work license. Further, people were denied the right to demonstrate only with an advance permit. Refugees were not an exception and a demonstration by Somali refugees was harshly suppressed. The same happened to Ethiopian refugees in 2007.

Recent restrictions of press

Addressing a conference of Interior Ministry leaderships, Minister of Interior Rashad Al-Alimi accused the media and journalists of publishing news and reports that endanger the national unity and demanded the concerned authorities to enact the press and printings law, claiming such a law could put a limit to what he called 'irresponsible writing'.

Similarly, Information Minister Hasan Al-Lawzi warned journalists and writers against what he called 'transcendences' and threatened to apply the press and printings law. He as well noted that some papers publish writings that go against the freedom of expression and call for sedition and positional and sectarian differences.