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Law & Diplomacy 
08 - January 21st thru January 26th 2000, Vol X
 
 
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Yemen Times Participates in the International Seminar:
The Right to Know: human rights, censorship and access to Information

During 6-11 February, a Seminar co-organized by the British Council and the Article 19 Organization was held in Oxford, UK with the title of “The Right to Know: human rights, censorship and access to information.” Yemen was represented in the seminar by the Chief Editor of Yemen Times, Walid Al-Saqqaf who brought several important issues and concerns about the freedom of expression and access to information in Yemen. 

The British Council through the International Networking Events is among the most active establishments in the UK in organizing seminars about various issues that are of great importance, especially to developing countries. It has been quite clear from the messages and invitations we get to attend seminars all over the world from the British Council in Yemen that it is indeed among the most active British Council Branches in the world. 
The seminar was organized and administrated by several qualified and prominent figures in the field of freedom of expression and information. Several representatives and key figures in the Article 19 Organization gave speeches and commented on the seminar issues. Among these were: 
-Andrew Puddephat, Executive Director, Article 19 (See interview in this issue) 
-Toby Mendel, Head of the Law Program, Article 19 
-Katherine Huxtable, Press Officer, Article 19 
-Fiona Harrison, Head of Europe Program, Article 19 
-Dr. John Lunn, Africa Program, Article 19 
There was also a wide range of intellectuals from international organizations (Amnesty International, Commonwealth Press Union) media organs such as the famous Guardian, academic and local foundations (University of Oxford, Stephens Innocent Solicitors, Consumers’ Association, Friends of the Earth) journalists from the Guardian newspaper, and other intellectuals, advisors, and professors. 
The seminar discussed several issues, among them were extremely important issues and sample cases that could be of great importance, especially to countries with transitional democracies like Yemen. These topics were: 
- The right to know under international law 
- Legislating for Freedom of Information 
- Principles regarding freedom of information legislation including access to information in situations of armed conflict 
- The environment and access to information 
- Freedom of information and the media as a public watchdog 
- Insult and defamation laws and international standards on the protection of sources 
- National security, access to information and protection of sources from journalists’ viewpoint 
- The legal framework, role and function of public service broadcasting 
- Media monopolies and the public’s right to know 
- The Internet and freedom of information: Regulation, self-regulation or no regulation? 
- Internet service providers: law and practice 
- International, regional and domestic Internet regulation: case, contradictions and trends 
- The right to truth: Access to information and accounting for past human rights violations 
 
With regards to freedom of expression and the right to know, Yemen’s representative, Walid Al-Saqqaf said, “Yemen is a country  going through a democratic transition. We have undergone a lot of difficulties in implementing more open environments for the press and the public to speak its mind. After the Unity of Southern and Northern Yemen in 1990, the leadership adopted a multi-party democratic system. The system enabled parties to ground their own mouthpiece newspapers, and in a record time resulted in the birth. The right to know is a vital right for every human being. It should be thought as a right that should not be requested, it is something that comes automatically in any democratic system. After the free press phenomenon began spreading among people, several strong critical issues were brought in the press in a blunt and strong matter. This is what we should expect in such conditions. Everyone has the right to speak , and the public has the right to be adequately informed and know what is going on. 
However, sadly speaking, the government was not so flexible recently as it used to be before the 1994 civil war. There are several newspapers that have been closed because of the war, and there were several newspapers that stood trial. One of these newspapers is Yemen Times. However, in time, the government realized that in fact free speech is in its favor and not against it. It shows it how to operate, it explains to it its points of weakness in order to correct them, and it also operates as a public watch dog that plays a major role in identifying corrupt people and pinpoints the mistakes the government makes.” 

Legislating for Freedom of Information 
Al-Saqqaf’s point of view focused on legislative problems related to freedom of expression. He asserted  the fact that legislating concerning access to information if needed, must be implemented in a way that secures a independent, just, and relatively flexible legislation that while granting the public access to information, should not interfere in private issues of citizens. “Freedom of expression should not be thought of as an extra privilege, it is a right of every Yemeni citizen. Over the years, we realized that the government does not always say the truth. Hence, without freedom of expression, no one would be able to convey the facts to the public in the appropriate manner.  Our role  as Yemen Times should be a public watchdog, which must always deliver the facts as they are whether for or against the government. The freedom of expression cannot be obtained unless the government realizes that having it is a vital step towards a truly democratic system,” he added. 

Media Monopoly and Globalization 
He also commented on the monopoly that still exists over the electronic media, including TV and radio broadcasting, and the Internet. Al-Saqqaf explained that media monopoly is a method used in some dictatorships to control the flow and type of information that reaches most of the population. He said, “In the case of Yemen, where most of the people are illiterate, the main source of information is usually TV and radio. Hence, when controlling and filtering the information broadcasted in these two quite influential instruments, the state has in fact controlled access to information in general. Nowadays, we are living in a world which is going through extreme globalization which is slowly degrading the importance of geographical borders between nations. The technology of satellite TV transmission for instance, has enabled the people even in the rural areas to know what is happening in their country from a TV channel located outside the country before getting the information from the national TV itself. This has caused a lot of humiliation to national TV channels which makes it clear the uselessness of hiding very important information from the public while this information has become available all over the world, and has been accessed by most of the population.” 

Yemen’s Experience 
Being the only participant from Yemen, Walid Al-Saqqaf gave a complete idea of Yemen’s experience in the civil war of 1994, and how Yemen Times was able to deliver up to date and serious information to the public. “In the first issue after the war, Dr. Abdulaziz Al-Saqqaf, published a first page story about the estimated casualties in the first few days of the 1994 civil war. However, he was not taken for granted. He was taken from his home by political security forces to prison where he stayed for a short time. After he was released, he wrote down all his experience at the night the forces took him, which in itself, was a strong indication that violence against journalists does not always prevent the facts from reaching the public. Yemen Times continues today to seek for the truth and reports on it, no matter what the consequences. The media in general has suffered a lot from the ups and downs that the country went through during and after the 1994 civil war. Today, we feel that the leadership has understood the role of the media and hence, is giving more room for opposing thoughts and writings. This in fact is in the country’s interest. It is better to know about problems in governmental offices and try to solve them instead than hiding them under the carpets until they accumulate until they can not be solved.” 

The seminar also included several speeches and comments from representatives of African countries who went through similar experiences. They hailed Yemen’s experience in establishing a free press while all neighboring countries did not. 
Insult and defamation laws and international standards on the protection of sources 
The rulings of courts for reasons of defamation in Yemen have resulted in the suspension and closure of several newspapers. Among these newspapers, is Al-Shoura that until today remains closed. Regarding this particular case, Al-Saqqaf said, “We know that there are problems and difficulties faced in any democratic transformation, however it is also reasonable to ask for more just trials for journalists and newspapers for reasons of defamation. Closing such an important resource of information is a direct violation of article 19 of the Universal Declaration of Human Rights which says, ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’ Being one of the countries that signed this declaration and accepted it, Yemen should try its utmost to implement it. The government should not prevent the readers from accessing information that is available in any newspaper. We do hope that it would back down and have the newspaper function again.” 

Despite the fact that the press law in Yemen is quite efficient and more than many other laws in the region, flexible, yet the problem is not in the law itself, but rather in implementing it. Defamation and insult related articles are available in the law but they are often misinterpreted depending on the mood of the government. If an article in a publication is seen by the government to be insulting or defaming, then regardless of whether their assumption is true or not, it usually files a lawsuit against the writer and publication. This reaction of the government needs to be less strict, as this would cause several writers to write in a mile and less credible way when thinking of possible consequences when writing the simplest critique of the state.” 

The Internet and freedom of information 
The Internet has with no doubt become an important and focus point in the third day of the seminar. In regards to the Internet, Mr. Walid Al-Saqqaf complained of the monopoly exerted in Yemen by the government in providing Internet services only through one company (Teleyemen). “The monopoly in Internet services has resulted in high prices, low quality, more traffic on lines, and most important of all, the use of firewalls. A firewall is a method to prevent users from accessing certain sites depending on their addresses and contents for political or ethical reasons. However, at least providing the Internet services in itself is a good point for the government. A few countries still forbid the use of the Internet because it is well known that it is impossible to censor or control its contents. Thank God Yemen is not among them. Still we need to bring this monopoly to an end by constructive means. Countries like Jordan, Egypt, and UAE have opened the way for private Internet Service Providing (ISP) companies, and even encouraged them. Because of the high prices of the only ISP in Yemen, thousands of Yemenis are depraved from this useful service and resource of information. Yemen needs to follow their steps and bring about a private competing ISP for the benefit of the people and to enable them to get the most of this new technology.” 
At the end of the seminar, Yemen Times editor gave a concluding statement full of optimism and hope that Yemen will continue to work on the same path of democracy, and would give more importance to the field of freedom of express 

 
Al-Humaty to YT
“ Mr. President Supports the Freedom of Expression”

A Republican decree issued recently appointed Mr. Ahmed Nasser Al-Humaty as Information Undersecretary for broadcasting and television affairs and external information with a ministerial degree. 
Mr Al-Hhumaty is an eminent media personage with 30-year experience in the media field. He joined the radio station at the age of 17 during the rule of the Southern Arab Union. He was then youngest broadcaster in Yemen radio station. He is a cultured person and a poet whose poems are full of enthusiasm and passions. Many Yemeni singers have sung his poems. 
He worked as an advisor to the president for Media and Culture Affairs. His commitment and high efficiency in his job has qualified  him to occupy his new post at the Ministry of Information and as a spokesman for the ministry. 
Jamal Al-Awadi of Yemen Times has conducted an interview with him, discussing various  current topics of national interest mainly the border issue between Yemen and Saudi Arabia, whether there a possibility of imminent cabinet reshuffle in Yemen  besides many other social and  economic problems. 

Q: Shall we assume that your current post is similar to that of the State’s spokesman? 
A: A matter of fact, we are seeking to establish a special department that will be the source for official news issued by the government pertaining to any political, economic, or social issues. We will also make available all apparatuses needed for dispatching  and receiving news. This will spare local and foreign correspondents great deal difficulties for obtaining correct media information. We have been aware that there are some sources leaking unreliable and lacking of credibility news. Such news and information would consequently lead to spread of rumors and prospects. Establishment of this department would greatly limit this phenomenon and there would be a clear-cut dealing with an official official source for information. I will be personally in charge of this department. 
In this era of information revolution, we plan to have good contacts with international and Arab news agencies. Besides, this will open new channels for the media and cultural cooperation among countries as well as exchange expertise in this field. 

Q: How do you view Yemen’s media work under the globalization? 
A: Globalization has become a reality that we are aware of. As a  direct result of the revolution in telecommunications and the known economic effects the world has been changed into a small  global village. This should not make us embrace globalization  blindly, but rather be within it provided that we must conserve  our identity; our customs, conventions, and social norms. 

Q: Do you think that Qat is detrimental to our economy as it is to health? and do you think the president’s directives have played any role in curbing this  habit? 
A: First of all, I don’t chew Qat. It is a habit that has been passed on by one generation to another. I believe that the major detriments of Qat are financial problems besides some health problems that it may cause. However, Qat is a lesser evil, compared to the other poisons and evil habits spreading all over the world. 
All in all, it is an uncivilized habit costing people fortunes which may be better used to improve their living conditions. Besides, if this money is spent on  development projects in the agricultural field, it may do a lot to revive the old happy days. Qat has spread over large areas of agricultural lands at the expense of other strategic plants such as wheat. It spreads rapidly mainly due to the handsome profits its growers get in return. Therefore, to eliminate  such a phenomenon, preliminary steps have to be taken for deep-rooted habits are often hard to break. 
The presidents’ directives to stop chewing Qat in military camps, and inside in official departments are good initiatives for a start  in our fight against Qat in the long run. Therefore, I believe that there is a good and essential role that can be played by the media. That is our job for the coming period. 

Q: Is there really a political struggle in that some tribes are seeking to have representation in the executive authority? 
A: There is nothing like that. Tribes are part of our society and our democracy  gives each individual the right to nominate himself to parliament or local councils. Besides, a good number of qualified persons belonging to different tribes are holding high and important positions in the government and are of the top brass. However, the point is that opposition newspapers may find some tribal feuds over a piece of land or as a result of revenge cases, a chance to smirch the security image of Yemen. In most cases what they report is just a package of lies. 
Thus, if there are some tribal feuds this does not at all mean that there are conflicts between the government and these tribes. Moreover, we try to overcome such problems and disputes by raising the awareness of people by making them take such disputes to court when such cases occur. 

Q: Rumor has it that there is reshuffle in the government? What is the truth of such news? 
A: Such news is not true for the government is making progressive strides in terms of implementing its programs. Besides, the president met with them last week to push address some of economic issues to develop the economic situation of the country. In short, this rumor is groundless. 

Q: Are there still some Arab Afghans in Yemen? 
A: Absolutely not. This is also another rumor that has been around aiming to create the idea that there is no stability and security in Yemen. However, there is nothing called terrorism in Yemen nor are there any terrorists. For the only incident in which there happened to be some killings, the security forces arrested the kidnappers, held them accountable for their actions and they received court terms. Besides, the government does not allow wanted people by any other neighboring or friendly countries to live in Yemen. 
The only terrorist activity that we came to encounter was that of Mostafa Hamzah who Lives in London. He sent some of his relatives to carry out some terrorist attacks in Yemen. Thus we suffered from terrorism as many other countries. All in all, the Yemeni people are peace-loving as well as hospitable by nature, hence what Mostafa Hamzah did is far from our traditions and conventions. 

Q: How do you assess the security condition in Yemen? 
A: The security conditions in Yemen are more stable than any other times. There is nothing that worries us except that some opposition newspapers try to make a mountain out of a molehill. For example, in New York acts of violence take place every minute and that is considered as something ordinary. However, if there is a fight or an accident happening here, you see that these newspapers raise hell and heaven. I do call any journalists to visit Yemen to see things in their real colors. Even reports about tribes were most of the time incorrect, for the tribe in its real meaning means supreme social values and ideals. If there is anyone who wants to praise someone he says “He is ‘Kabili’ meaning ‘generous’.” The tribal customs are the origin of Arab qualities. 

Q: Do you think that there is some scope for the freedom of the press? 
A: We view freedom of the press as one of the essential and pivotal pillars of any democratic system. This is much distinct as the opposition newspapers enjoy complete freedom to publish whatever they want. Besides, any newspaper has the right to file a case if it finds that its rights have been breached. There are some journalists who filed cases against the Ministry of Information and the ministry responded positively to such cases and accepted the award passed by the court whatever it was. So none can deny the scope of freedom of the press that newspapers enjoy and was the background and the basis for holding the Emerging Democracies Forum in Sana’a in 1999. 

Q: Will you elaborate on the current situation of borders’ negotiations between Yemen and Saudi Arabia? 
A: Negotiations over the borders are in progress. The only new thing about them is that the president asked the committee to assign a specific period to end up the whole issue. However, reports in the media of exchanging charges negatively affect relations between the two countries. 

Q: Is there any future prospects for the TV and radio stations? 
A: Many programs and projects are conducted to develop the TV and radio programs so as to match the changes of the times and technology. All sources necessary for receiving and broadcasting information will also be available. In addition, there will also be some training courses for the technicians and specialists in the radio and TV stations. 

Q: What are the facilities that you offer in case there are any media delegations or representatives of news agencies? 
A: We welcome all the people of the media with open arms and from any country all over the world. Yemen is a hospitable country and is open to the world. We will also provide all the photos, video tapes, documents, etc, that are needed. We will try - to our best - to meet any demands that are required by the local as well as the international media departments. 
There is an open invitation to making reportages about Yemen and to come close to experience the democratic transition which the country is undergoing. Yemen has become an example in the region in terms of its democratic system. Besides the encouraging and positive conditions of human rights in Yemen which is also asserted by holding a workshop to raise the awareness of the social, economic and cultural rights organized by the United Nations High Commission for Human Rights which was attended by Mrs. Mary Robinson, commissioner of the UN. This was not the end of our goals for there is no limit for our ambitions. Some weeks ago a number of officials, diplomats, some international organizations joined together to discuss some important issues to the media. They also talked about the measures of cooperation in a way that will meet all the sides’ interests. 

 
 
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