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Law & Diplomacy
18 - April 30th thru May 6th 2001, Vol XI
 
 
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As Government Program Heralds
More Suffering for People and Battle between Islah and GPC over Education

Mohammed Hatem Al-Qadhi
Yemen Times
The Cabinet approved on Tuesday the overall program that would be presented to the parliament for final approval very soon. The program derives its main goals from the program of the ruling party, GPC, and the speech of President Ali Abdullah Saleh to the new government after its members were sworn in. On these broad lines the government has defined its responsibilities.
The program focuses on the continuation of the policies of economic, administrative, and financial reforms which have conducted with the help of World Bank and IMF since 1995. It also highlights the judiciary, social affairs and reforming a number of legislations and laws, as well as enhancing decentralization.
It aims at fighting corruption, reforming civil services, promoting non-oil resources, curbing problems of water shortage, population, in addition to the electoral system, amending election laws, local governance and administrative divisions of the country into electoral constituencies.
The five main concerns of the new government, formed on April 4, are administrative reform in the civil service, human development, economic, social and investment development, democracy promotion and expansion of public participation, and finally reform of judicial system and human rights concerns.
The program says the government is serious about the reform of the civil service sector, putting limits to dual and phantom job carriers on government payrolls and enacting the Pension Law.
The new government seems to be serious about unification of the education system, putting into practice the law of education which was invalidated in 1990.
This law abolishes the scholastic institutes being sponsored by the Islamic party, Islah. In addition, it prioritizes technical and vocational education as well as higher studies. It also gives women more room in education in an attempt to minimize illiteracy. The rate among them is now over 80%. It also targets the social care authorities to decrease the poverty rate (now over 30%) and put an end to begging. It also intends to improve tourism, culture, environment, by establishing a fund for cultural development.
In the arena of economic and monetary reforms, the program assures that the government will go ahead with the implementation of the reform, controlling the budget deficit and reducing expenses. It will also lift subsidies on diesel, petrol and other services which, of course, would accelerate people's sufferings. It pledges to conduct financial and banking reforms and work hard to establish a stock market in the country.
The government will implement a five-year plan with the aim of achieving growth between 5%-5.5% in the national gross production during the years 2001-2002. For this, the government will encourage the private sector to invest in services like water, roads, electricity and communications. As well as agricultural manufacturing like mango, wool, dates ,and coffee, and minimizing the planting of qat. It intends to build 318 dams at YR 4 billion, giving attention to the fishing sector.
At the industrial level, the government intends to adopt and conduct a strategy to develop industry and plan for establishing of huge manufacturing complexes in Aden, Hodeidah, and Mukala. It promises to continue efforts to join the World Trade Organization as well as gatherings with similar goals. It will also, according to its program, enhance oil exploration in different areas, giving more attention to gas and its exploitation.
It confirms that it will improve the electrical situation, increasing telephone users to 150,000, mobile phone users 200% and internet users 100% during the coming year.
For the first time in the history of any government, the new government singles out in its program two chapters; one is for civil society and human rights and the other for fighting corruption.
It is a good sign that it acknowledges the horror of corruption and reveals that with democracy and free expressions, joint ventures by all people can be formed to eradicate corruption. Local councils and parliaments can help significantly in this regard. " It is not possible to uproot corruption in a two-year time", the program reads. However, it says this time should initiate the campaign against this virus and all people support it.
It is expected that the government's program will be approved easily as the GPC enjoys a majority in the parliament. However, the Islah caucus will oppose most of the program's articles, mainly those related to education and economic conditions of the rank and file.
The coming few days will see a heated debate over the question of education unification between Islah and GPC as Islah thinks this targets itself. It heralds a battle between them which might end their age-old strategic coalition which was hit during the local election.
Islah might mobilize the opposition and public opinion against the program which will add fuel to the fire and thus worsen the people's living standards. The question now is: will the government of Mr. Abdulqader Bajamal be able to face all these problems and put its program into practice, thus creating a link between what is said and done?

 
Dr. Abdulrahman Ba Fadhel:
"We always argue how development goes positive meanwhile individual income goes down (negatively)"

The new government includes for the first time 23 new Ministers, with 17 ousted Ministers. Also creation of new ministries as well as unification of others. We appreciate new blood in the government body that will end a known diplomatic proverb that says formation of Yemen Governments is only change of seats.
The government is unfortunately headed by an Ex. Minister, who participated already in many governments; including the best GPC government headed by independent strong character, with deep administrative, economic culture namely Dr. Faraj Bin Ghanem, which didn't continue for long, (six months only). This government is for two Years minus one quarter, which will be allocated for coming parliamentary and local elections as well.
The program of this government is not new. It will surely continue the preceding one where this Prime Minister was Pioneer of preceding government program; that is why we will oppose this government, and will not vote in its favor.
The program in reality, irrespective of what the government claims, will be as follows;
1- Continuation of World Bank Program in two fields:
i) Elimination of claimed subsidy of Gasoline with increase in price by not less than 40%. This will lead automatically to transport and bread price increase, as Gasoline plays a major role in these two commodities. This in return will lead to increase in all fields. Gasoline will affect agriculture. Most farmers will abandon their job which means more dependence on US wheat and wheat flower!!
ii) The government claims always even the preceding one, that development in Yemen approached 7% which didn't happen even in US and Europe. We always argue how development goes positive meanwhile individual income goes down (negatively). Increase in all services including electricity, telephone, gas and water without even notifying people or at least legist power in Parliament.
iii) Privatization of public sector mainly Aden refinery, cement factories, Medicine corporation among others. We have been in England last month, namely in Adam Smith Institute (ADI), which is Excellent, and unique in its activities among which is privatization with large experience practiced a long with British privatization Process Since the 80's.
The keys and main tools that lead to large success there, are not available in our country!! So here it will be an absolute failure. These tools which we learned are the following:
1- transparency which is fully unavailable in Yemen.
2- Competitively in the same field of privatization which we lack in Yemen.
3- Laws and Regulations to guarantee good service and competitive prices. Independent Body with full authority to look for interest of both consumer and producer, that we absolutely do not have. Laws in Yemen in general are not applied by consecutive governments and no guarantee can be expected, to protect consumer interest, but for producer is always guaranteed. More over where and how the independent body will be formed.
As an example British Airways Assets evaluated by 300 million pound, sold with 900 million pound in shares !! while in Yemen assets due to government corruption will be sold with even less than half of their value.
4- Privatization philosophy is based on shares to be distributed among citizens, in a way that no one can have more than 15% from abroad as it happed in British Airways. Not only that, but also, Workers and Employee should be in the picture during the whole process of privatization. More over they have to be share holders with at least 5% free shares for them as a motive. The Preceding government refused to put even the parliament in the picture !!
5- Sharing process should be governed by the Bourse, where Yemen has no bourse at all.
6-Finally independent, transparent, judicial power which in Yemen is still lagging behind.
For all reasons above (ADI) should be proud of British Privatization that lead to employment, lowering prices of services, with better quality, and large some of money to feed the treasury. We hope ADI will pay a visit to Yemen to see our situation. If privatization is needed it is the Management only, where elite staff is highly corrupted, in public sector. Privatization of Public sector, will lead to increase in no employment, degradation in services, and high prices at the same time.
Last word for World Bank carrying, with deep thanks, reforms in Yemen. We feel strongly, all members in the Parliament, that without Administrative reforms, all its efforts will collapse.
Evidence is what Mr. Andersud (WB representative) told us in his last visit of farewell to Parliament heads of caucus with Finance Committee as well. He submitted a report to us stressing that in Yemen:
(1) Unemployment increases.
(2) Poverty increases.
(3) Oil revenue decreases.
(4) Water Supply decreases.
In other terms WB program failed in Yemen. Briefly Speaking with subsidies, elimination + increase in services prices (water, telephone, electricity etc..) + New taxes (income, real state, selling tax, etc,.) + all this against individual income decreasing + High corruption rate, all will lead to a disaster of which the WB is highly responsible. We always say that Yemen is not Europe. And what frighten us more, that severe economic situation might lead to our democracy collapse, as people say today what is the use of freedom of expression while famine is spreading.
Our main distinguished affair in the region is DEMOCRACY, and human rights, and freedom of expression. If it goes due to Economic failure the WB will be surely guilty and responsible.

 
Refugees' Tragedies & Continues Sufferings Constitute A Real Challenge to Human Rights & Dignity

Prepared by Abdulkadir M.
Al-Ariki
Environment / Development Specialist
There is every likelihood that one day any of us could face the tragedy of being a refugee/forced immigrant, since nowadays no one has immunity against it, finding oneself without a home, a country and without dignity.
This is the reality that millions and millions of human beings are facing today. The plight of being transformed into refugee/displaced persons who depend totally on others benevolence/charity offerings for their day to day survival/livelihood.
Why does this happened in the so called civilized world? This is occurring due to many factors such as the followings:
- Living in a world of inequality which continuously generates more and more poverty and poor people amidst overgrowing wealth and opulence for few groups/individuals. A few nations are controlling more than 80% of the world's productive resources and assets. This is a world of unequals: 20% extraordinary very rich in contrast with 20% totally deprived people living under abject poverty conditions compelled to live in hunger, fear of starvation, social injustice, discrimination, lack of access to assets, to opportunity of socio-economic justice or lack of protection from unexpected events and disasters. Most are man-made, plus fear of wars and of persecution. Such world naturally produces a large number of forced immigrants, and refugees/displaced persons each year. Hence, without taking an effective global/national/regional actions to alleviate or reduce the above mentioned factors and others, it will be impossible to avoid the forced immigrants, refugees or displaced persons.
Accordingly, all nations, mainly the developed countries and empowered rich people have to seriously, address this real human rights challenge and violations by adopting measures and actions necessary for realizing a balanced development. This should be directed at empowering the poor people and nations through a pro-poor, sustainable development policy. This would include a real and balanced implementation of the Universal Human Rights, Laws, Conventions and Declarations before, during and after the human tragedy.
Accordingly, there is an increasing need to review the definitions of: a refugee, a displaced Person, or a Forced Immigrant.
-Key players are UNHCR, country of origin, host country and the refugees.
Since the mid of 1990, a strong pressure and support groups have been coordinating the aid/assistance to refugees and displaced persons. They have targeted poor people in the process of management and evaluation of humanitarian aid/assistance. And it is in this context that UNHCR presented itself as one of the excellent organizations committed to accelerating such participation processes. (See "Participatory Evaluation of the Humanitarian Aids" and "UNHCR opens up its evaluation reports to public scrutinity and invites NGO participation in evaluation missions", 1999). These have to be based on real transparency and accountability of managing the humanitarian aid, which will be verified practically by the new unit established in 1999, which is the "Evaluation and Policy Analysis Section, directly accountable to High Commissioner of Refugee Affairs Assistant". Accordingly, we hope that the process of humanitarian and relief assistance should be assessed more than merely by focusing on the amount of aid given to the powerless refugees, specially for those pouring into poor developing countries.
Secondly, the refugees have to be given the right of participation in articulating and managing their needs. This gives the impact of aid more importance rather than focusing on its superficial results or contents. Thirdly, we must always remember that we are talking about people...individuals who, given the chance, have the potential to make significant contributions to the world around them. But in order to achieve their potential, they need and deserve to live a decent life as human beings. They need to have all of the rights, dignity and aspirations, including their protection from aggressive attitude and actions mainly from assistance/aid providers and host countries. Particularly the managers of health care providers should exhibit decency, sensibility and public relation skills in terms of human rights, dignity. They should also have substantial awareness in respect of refugees' socio-economic, psychological, emotional and mental conditions. All parties concerned have to fight the atrocities inflicted on the refugees in the context of their total dependence on charity and outsiders for their daily basic needs. Every one should realize that this type of life is poisonous and will lead to creating and developing what is known as "dependence culture". In other words, they will become less motivated and continuously expect others to provide for them all the basic needs to survive a decent livelihood as respected human beings, including the right to work and health services.
- Refugees/Displaced Persons in least Developed Countries: These countries, such as Yemen, Kenya, Ethiopia, and Sudan are bearing much socio-cultural burden and they cannot afford to fulfill all duties and responsibilities required from host countries of refugees. This is because they themselves are suffering from acute poverty and unemployment to the tune of 50%, 60%. Hence, the refugees are facing further hardships ranging from access to appropriate health services, malnutrition, and over-crowded housing to lack of education and income-generating opportunities. As the director of Sana'a Refugee Health Center (ICD) stated recently (YT march 19, 2001), refugees need jobs, good housing, food, education, security and empowerment in order to attain good health. This is not easy in Yemen because so many Yemenis are poor themselves. However, she didn't offer any suggestions or solutions to ease/solve urban refugees suffering in Yemen. Further more it is not totally true that the RHC (ICD) people are offering fair health services to every one, irrespective of their ethnic background. At least for cancergeonic, cardiac and other similar patients who need continuos treatment and costy medicines. If the urban patient doesn't have the refugee card and if he/she is a Somali of Yemeni origin the problem is still more serious. Some staff of UNHCR office in Sana'a justified the ICD refusal to treat refugee patients without a card even if they have been registered officially for more than three years. Most of them are women and children who stand waiting in front of the UNHCR office daily. This creates despair and more sufferings, specially for refugee women who keep hoping that the program of issuing their identification card will start soon as assured by the UNHCR resident representative in Yemen, (YT - February 5th 2001). More than 77% of the registered refugees constitute Urban Refugee about 55% of whom are living in Sana'a, excluding another 100,000 of them who are still unregistered. Most of these are the newly arrived Somali refugees. Truly speaking, the Yemen people and government generously hosted the Somali refugees and are bearing a substantial socio-cultural costs on account of them without receiving appropriate aid and assistance as has been promised by regional and international organizations.

In order to alleviate the above-mentioned problems and suffering of refugees living in least developed countries, such as Yemen, the following actions and alternatives maybe taken:
- The international agencies concerned have to provide urgently, the necessary technical, financial, socio-economic aid and assistance to help poor and least developed countries in order to cope with these huge number of refugees pouring mainly into Yemen and surrounding neighboring countries.
- More qualified, special health centers, run by local, regional and international NGOs are needed. The refugees should be encouraged to participate actively in the process of management and evaluation of humanitarian assistance operations as has been affirmed and encouraged by all donors and concerned organizations including UNHCR.
- The donors, the agencies and humanitarian organization concerned have to assist the refugees, mainly urban ones, in providing income-generating micro credit facilities necessary for financing small enterprises/works for improving their precarious standard of living.
- Alternatively, in order to alleviate the socio-economic burdens of the poor countries caused by hosting these huge number of refugees, the majority of whom are vulnerable groups being victims of war (mostly Somalis), they should have the right to be resettled in the developed countries. Presently the origin countries such as Somalia are still unstable and suffering.

 
 
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