One of the main problems in building a modern state in Yemen is that three
blocs of our society perceive themselves as above accountability. The sooner
we see this and address it, the easier it will be to build a meaningful
government based on law and order, and modern values.
These three are as follows:
1. THE JUDICIARY & ITS CORRUPTION:
The judges and judicial process are, of course, independent from the
influence of the executive branch of authority. They should carry out their
work without the interference of any body. Unfortunately for Yemen, many
judges, prosecutors and other judiciary staff think this means they are
beyond reproach or above accountability. This wrong understanding has made
the judiciary of Yemen very corrupt.
A couple of times over the last few weeks, I tried to explain to some
judges that they are just as accountable as everybody else. I explained
that they were just as much subject to investigation and that they did
not have a free hand to decide according to their whim. I was puzzled that
they were surprised at what I said. Some judges genuinely believe that
they are 'i
ndependent' meaning nobody can call hold them accountable. We need
to educate these people that they are part of the state of Yemen and the
world, and that they are judged by the laws of Yemen as well as international
law.
2. EXCESSES OF THE SECURITY/ARMED FORCES:
This is another power base that seems to believe that it is accountable
to nobody, except probably the president of the republic who is also the
supreme commander of the armed forces. This is again wrong. It has allowed
this bloc to engage in lawless behavior and in lack of respect for the
human rights of the civilian population. The security forces, whatever
their names, technically fall under the Ministry of Interior. The armed
forces, whatever their names, technically fall under the Ministry of Defence.
Both institutions are part of the government. In other words, the government
must reign in the presence of the excesses of these two blocs of armed
people.
Not only that, the government must assure the general public that members
of the security and armed forces are subject to the same punishments as
civilians when they break the law. The army and security must be subject
to government orders.
3. TRIBAL LEADERS & THEIR MINI-STATES:
The tribal leaders of this country, especially the big sheikhs, literally
get away with murder. They have been responsible for a lot of kidnapping
and hostage taking. They have created mini-states within the state. They
have their own prisons, their own armed forces, their own income-levying
structures, and 'bureaucracy'. Not only that, but these sheikhs have their
own foreign relations and even have their representation accredited with
other governments, notably Saudi Arabia.
It is imperative that the state reign in this bloc and make them accountable
under the laws of Yemen. We need to promote the culture of accountability
and the equal enforcement of law and order to all Yemenis.
Those 3 power blocs need to be 'civilized' in making Yemen a modern
state. Action to reign in these groups will increase the chances of economic
prosperity and foreign investment, and it will enhance the credibility
and legitimacy of the state in the eyes of Yemenis and foreigners alike.
Of course, a gradual approach is called for, but we need to start at
once.