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Law & Diplomacy
17 - April 26th thru May 2nd 1999, Vol IX 
 
 
 
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Constructive Suggestions to the Prime Minister on His Government's Pledge of Accountability

I must say that the statement made by the Honorable Prime Minister, Dr. Abdul Karim Al-Iryani, regarding his pledge to be held fully accountable, is an excellent one. I heartily congratulate him for the bold move as accountability of government is an assurance to rectify intentional and/or unintentional crimes committed by several high-ranking officials. I hope our Honorable Prime Minister fully understands the commitment he has made.

Our Honorable President, Ali Abdullah Saleh, exerted excellent efforts to establish friendly relations with almost all highly modernized, industrialized and leading countries of the world in all the beneficial areas.
The President and his colleagues have also shown great interest in developing the Republic of Yemen by enticing the world to assist and invest in Yemen.

The recent inauguration of the Aden Container Terminal is an achievement which, with the full cooperation of all sides, shall be a success. I strongly believe that the Aden Container Terminal has every factor necessary for success, and will succeed by the will of God and the support of the Yemeni People and our vigilant leader, President Ali Abdullah Saleh.

I beseech our Prime-Minister, with the full cooperation and support of all Yemenis, to weed out the mischievous acts and blunders of a few selfish people. The work of these few people will hamper the potential progress of the Aden Container Terminal if we let them. Therefore, I feel that implementation of the above-mentioned pledge of accountability will be an important indicator of the orientation of our government.
I mean that instant accountability ought to be exercised when and where necessary, with no discrimination or favoritism, and without paying any heed to who the violator is.

In order to show the fields where accountability is most needed, please allow me to point to the following:

1. Illegitimate Use of Armed Force (Armed Squads):
It is regrettable to note that in Yemen, in general, and in Aden, in particular, our people have suffered a lot since 1994 because of violent clashes and the break-down of law and order. In some governorates, the rule of law and order has fallen to nothing. The strong in our society are able to wipe out the weak. Unfortunately, I personally suffered from this situation as I was the weaker side in a showdown with an adversary. My personal property was raided and captured in an attack by an armed gang. I persevered, and after four years of continuing battles, I managed to retrieve part of my usurped properties. But nothing happened to the violators - no accountability. It is as if nothing has happened, although I incurred a high cost. Who is to hold the violators accountable? It requires many honorable men and women, and a system with integrity.
Those forces with arms were from the army and tribes. Surely the vehicles used were of the army. So, who is to blame?

2. The Presidential Decree:
The decree directing the return of commercial properties to their original owners after twenty years of nationalization was another problem. Although it was seen as a blessing and an achievement, too many wrong actions have been committed by officials and subordinates in executing its directives. In fact, the officials used this law to make lots of money for themselves, and no action has been taken against them. No accountability. Why?

3. The Law Declaring Tenants to be Owners:
A law is a law. It has to be respected and executed. If it is not suitable, it has to be repealed by law. It should not be subject to the whims of officials, or of some courts of law.
There are cases where title-deeds of ownership under the said law were not respected, and in fact abused by some officials. They go on abusing the system so long as there are no deterring measures exercised against them, and no accountability. The question is, until when will this end?

4. Corruption:
Corruption is a major evil, and it is more evil to propagate it. If our Prime Minister really cares for the welfare of Yemen and the Yemeni people, fighting corruption must be his top priority. It should be stemmed out of security, administration, judiciary, and, and, andÉ
Integrity and honesty cannot co-exist with corruption. It is either one or the other. I believe there are many good and qualified citizens, if rightly chosen, to help us march towards achieving our noble goals. Laws incriminating corruption will only collect dust if not implemented in full. Sentences need to be passed against the criminals, no matter who they are. Not even the simplest work can be done right now without paying bribes. What a pity!

5. Security:
It is vital and essential that law and order prevail if we really want Yemen to flourish. Where there is tranquility, safety, and security, there will be rational and sound thinking, as well as long-term planning.
Security along with a fair judiciary are the foundations of life and prosperity. But the question is how to maintain security in the midst of so many discrepancies. There is a saying: "Where there is a will there is a way," and I hope that "will is there." The problem is where and how to start. I strongly believe that there ought to be a "purge" amongst the high-ranking officials throughout the security channels with no exceptions. No abrupt action is needed, a gradual process can do it, but we have to start at once.
On the other hand, to avoid un-desirable repercussions, those who are to be flushed out should be compensated for "services" and where it is possible, alternative secondary posts may be arranged.
Finally, some of the very corrupt, arrogant and relentless officials need to be put on trial to serve as a deterrent to others.

6. Judiciary:
This is the cream of the garland in the crown on the forehead of Yemen. It is very conspicuous, and it is the first thing investors and even ordinary visitors look at. If any inadequacy is noted, it will reflect itself on the image and reputation of the regime. Foreign, Arab or other investors will not venture with their money because of corrupt judiciary coupled with defective security.
Inability and improper dispensation of justice may be caused by many factors - insufficient or inadequate knowledge, or corrupt personalities.
The state must organize concentrated refresher courses either locally or abroad. The state must print court decisions so that a judge's decision will be seen and watched by his/her peers.

7. The Place of Advocates:
There is much to be said concerning the law relating to advocates. I pray for an open heart and considerate patience. There is one consideration which weighs heavily in the calculations of local, Arab and foreign investors, who are very eager to invest their capital in Yemen. Their fear is that a genuine right of defense, the proper and unbiased right to judicial litigation, application and execution of the prevailing laws will not be allowed.

First of all, investors seek strong lawyers who are universally renowned as members of the Bar Council, whether locally, within the Arab world, or universally. If these lawyers are backed-up by the state by giving cognizance to their status, independence, and immunity, the investors will feel more comfortable in investing their huge capital. But, in a country where a lawyer needs to be helped and defended, investors will not come. Thus, the prestige of lawyers is an indicator of respect for law and order.
I strongly suggest that serious and thorough reconsideration of the constitutional rights of Yemeni lawyers in the light of the rights of their peers ought to be made. Such thinking should be made fast and soon with a genuine drive to amend the current law concerning lawyers. This is because the Republic of Yemen has already stepped over the threshold onto the grounds of investment, and has opened a very big gate to welcome the huge ships entering the Aden Container Terminal. If this succeeds, many aspects will be explored, idle hands will find work to do and tranquility will prevail.

8. Repeated and Surprise Field Visits:
There is a need for field visits. This has to be adopted methodically and effectively by the officials and experts with the power to demand instant accountability.
In the recent past, the President has engaged in some field visits which have achieved a lot of success. Now this has to be generalized. Ministers, governors, commanders and other senior officials must pay repeated and unannounced visits to field offices.

9. Foreign Aid:
There are no more secrets to hide, especially not from the donor countries and international sources of financing. Our country suffered and continues to suffer a lot from many abnormalities. We have been crippled by inept and greedy officials.
Even the foreign assistance that comes to the country is mostly eaten up by officials who have become middlemen. Many projects are mishandled, thus depriving our people of badly needed services. The generosity of foreign donors is compromised by such abuse.

I do not wish to dwell more on the details of this matter, but I beseech our prime minister to do his utmost, with the help of honest officials who care about the welfare of Yemen, to see that this aid does reach the correct Governorate and is honestly utilized for the purposes set forth by the donor. Then accountability should be observed and maintained to guarantee that the project achieves the desired goal.
I believe the Honorable Prime Minister has all the information he needs to take action. All that I can say is that it is about time to take decisive measures. Of course, fighting such major irregularities requires a strong approach. Such a package must include better salaries and allowances for the public employees. I feel very confident that he has the formulas to address this important issue.

Mohamed Shafi A. Karim,
Crater, Aden.

 
 
"Friends of Yemen Need to 
Come to Its Support Now."

On Friday April 16th, Professor Abdulaziz Al-Saqqaf, Chief Editor of Yemen Times, made a presentation to a large gathering of experts and officials on the "New Role of the Media in the Context of New Technologies." The event in Montreal was co-organized by UNESCO, Orbicom, and the Universities of Quebec and Montreal.
On Monday, April 19th, Dr. Saqqaf gave another address organized by the Canadian International Development Agency (CIDA) in Ottawa. The occasion was attended by Canadian officials from the Foreign Ministry, CIDA, NGOs, and various think-tank organizations. He talked about the twin-transformation in Yemen - political democratization and economic reforms, and the interaction between Yemen and the donor community, especially Canada.

The following is a summary of the second presentation.

It is a pleasure to be back in Ottawa among old friends. I am especially indebted to Dr. Norman Cook at CIDA, and the various friends from the Foreign Office.
I shall limit my address to two reasons why Canada should engage in Yemen more actively. But first, let me start with a brief history.
On May 22nd, 1990, the political parties that controlled the former Yemen Arab Republic (People's General Congress) and the People's Democratic Republic of Yemen (Yemen Socialist Party) decided to re-unite the nation. They found that the only system that would allow them to co-exist was a multi-party political system. Thus, our democratization process started.

Since then, the country's roller-coaster ride on this path has been anything but steady. We have had a civil war, a tremendous effort to reign-in opposition parties, crackdown on the press, co-option of NGOs, etc. But, the seeds of democracy continue to endure. They are even growing.
I believe the reason behind this tug of war is a philosophical gap in the understanding of our leaders of the meaning of democracy and its mechanisms. This is true even of those who studied in the West.

In my opinion, the tools of democracy - elections, press freedom, transparency, accountability, NGOs, etc. - are all important mechanisms to manage change. The basic tenet of a democratic system is that change is inevitable and necessary, and that such change must be managed peacefully and gradually.
Thus, it has little meaning to apply the tools of democracy without arriving at at least some of its objectives. What is the meaning of elections if they bring no change? What is the meaning of press freedom if there is no accountability? What is the meaning of NGOs if their leaders are appointed by the authorities?
Thus, we witness relentless efforts by some elements in the regime to turn the clock backwards, so far unsuccessfully. That is because even as the efforts for a reversal continue, the forces of democracy continue to develop roots and grow.

Reason Number One: Critical Mass for Democratization:
In my opinion, as our world gets ready to cross over into a new millennium, Yemen is approaching new cross roads. An adequate level of critical mass has been created to allow the democratization process to achieve a new milestone. In my opinion, the next watershed has to do with the attitude and perception of the ruling power center. If President Ali Abdullah Saleh and his men accept that their powers are limited to only influencing people and events rather than controlling them, then the process will reach new highs. If the rulers of Yemen continue to seek to control events and people, then our democratization will face more difficulties.

It is here and now that the foreign friends of Yemen can come to the nation's assistance. A regime visibly beholden to foreign aid-partners and international relations will definitely pay attention to the position of countries like Canada. Such nudging by the friends of Yemen will allow a redefining of the structures and roles of the various actors in the transformation process. It will also allow new approaches and attitudes towards the concepts and tools of democracy.

Reason Number Two: Difficult Neighborhood:
At this time in history, Yemen finds itself in a difficult neighborhood. On the Arab side, most countries are ruled by authoritarian systems in which the ruler draws legitimacy through divine providence. In other words,the rulers are accountable to God, not to the people. Their main job and first priority is to uphold their vision of God's dictates, not the interests of the people. On the African side, there is a lot of turmoil and instability. There is a civil war in the Sudan. Eritrea and Ethiopia are at war. Somalia is plagued by another civil war. There are visible cracks in Kenya, etc.

The success of the transformation process of Yemen thus can play a dual role. On the Arab side, it spearheads the democratization process and offers a model. It is no secret that since the Yemeni process was unleashed, many of the countries of the region have slowly moved towards democracy. Qatar had municipal elections, Oman embarked on parliamentary elections. Even Saudi Arabia now has some sort of parliament. For Africa, a successful Yemen (read, stable) offers an important window to work to bring back peace and stability. Yemen, as the closest neighbor and one with historic links to East Africa, can play a constructive role in the return of sanity to that part of the world.

For those and other reasons, I believe Ottawa needs to engage Sanaa more visibly. Stronger cooperation between Canada and Yemen is an important vehicle for regional democratization and stability.

 
 
May 1st:
Hard Times for Yemeni Workers

Introduction
The world has assigned special days for particular world occasions. Celebrating these occasions means a lot for the target people of celebration. When we celebrate, for instance, women world day, it reveals to us that the globe confesses the significance and vitality of women in the society; there is a worldwide recognition after a long time of oppression and man's unipolar control. The time is, moreover, an opportunity to honor the activists for their hard work, which serves promote the development if their nations as a whole. it is also a good time to evaluate the work all along the year so as to promote the work further and also have a grip over the obstacles.

For us, we in Yemen celebrate all national and international anniversaries. But they remain just decorations and an imitation of others. In other words, we celebrate the World health Day and paint "in the year 2000 health for all" while a good number of our people are crippled or plagued with a good many diseases. Over 12% of the Yemeni population is infected with malaria. some 20,000 Yemeni die of malaria and over 6000 Yemenis die every month of malaria, dysentery, respiratory diseases, typhoid, hepatitis B, AIDS and other illnesses. Estimates indicate that 41% of the Yemeni population suffers from one disease or another. Of these, a solid 90% pass away annually. nearly 15% of the Yemeni populations is afflicted with hepatitis B. The list can go on, yet we continue to sing our miracles in the field of health. We also even celebrate the World Water Day, while most of our cities are under the strangle-hold of thirst. We celebrate the World Population Day, which is a great chance to alarm the world of the jeopardy of population explosion and the importance of birth control, while our government and people are not equally aware of population explosion in Yemen. Estimates indicate that annual population growth rate is 3.7% and that 42% of the total population today (17.7 million) is represented by infants and children. The proportion will reach 46% by the year 2005 and 50% by 2010. It is a staggeringly alarming problem, isn't it?

The list of such national and international occasions will go on. As a matter of fact, they turn to mere decorations and time for shallow glorification of, sometimes, phantom achievements, void of their real meaning and actual context. For the masses, these times are moments reminding of frustration and depression for it is very saddening for them to see our officials singing through the various mass media and eulogizing their 'accomplishments', while in reality these poor people can not find even aspirin in public hospitals, not to mention other essential facilities. This is depressing when our officials spend millions of dollars for their medical check-ups abroad. It is confusing for them to see our miraculous accomplishments in the media only.

Labor World Day
I will seize this opportunity to talk a little bit about the Labors World Day, meeting the first day of May. this occasion is also saddening for us, because out of Yemen's total workforce, around 36% are unemployed. Most of them are returnees from the Gulf countries because of the Iraqi invasion of Kuwait. Some might tangle that they are jobless because of lack of profession. That is right, qualified people are to be needed. However, there are also some people who are highly qualified and have graduated from well-esteemed universities and even with career-oriented specializations. yet, "We don't have vacancies right now" is a casual reply they find wherever they go in search of a job. Thus, joblessness is not related to lack of qualifications? Of course, NO!

Some of our companies are troubled with the complex of preferring foreign workers to Yemeni ones. They view these non-Yemenis as something Yemen can not create like them ever. They are paid in dollar and accommodated with all facilities. Actually, I can guarantee that there are Yemeni who are much more better and can even compete, but are not given a free room. In fact, Yemen has a lot of talents which can do wonders if tapped and nourished well.. Therefore, this foreign-preference complex help increasing the unemployment growth rate al lot.
People from Iraq, Africa, India etc. are to be found in these companies and international organizations. Therefore, we urge these companies and organizations to make their job vacancies restricted to Yemeni nationals only, if they are really interested in helping it, for it can only be built by its own people, if need be by qualifying them and giving them technical training.

Another plight of our workforce is a result of the erratic privatization process of some public institutions. This has brought into being a good number of jobless people owing to their discharge. And even more the number of the dismissed people is expected to grow up in the future. Another thing is that the influx of many products through smuggling into the Yemeni markets has given the Yemeni business activities hard times and put them at the horns of a dilemma. The resultant business fluctuation has forced our businessmen to discharge some of their employees as a way-out for their financial straits. This has raised the unemployment rate dramatically.

Poverty and Unemployment
Poverty has become the main headache of the country right now. Most of the population live below the line of poverty. The results of the third annual family budget survey released some months ago by the Central Statistical organization offer a horrible and dismal picture of the economic hardships of our people. The daily expenditure per capita is less than a dollar, where Qat and food takes up 65%. This difficult situation has made even children search for work. People in Yemen are now ready to do any career. They have stooped a lot to conquer the horrible economic nightmare of unemployment. University graduates are not now shy to serve as waiters in restaurants. The government seems to be unconscious of inflow of the university graduates who find streets their sole shelter. The government should stop this influx if it can not ensure them jobs. That is, its educational policy should focus on career-oriented subjects. Dr. Abdulaziz Al-Saqqaf was wholly right when he wrote in the editorial of the Yemen Times issue 16 forget about universities and other giant institutions. We must focus on small training and educational organization, which can quickly adapt to change". He also suggested the establishment of cyber cafes or youth clubs and urged Dr. Iryani, the prime minister to take the initiative. Will the people in authority listen to this wise call?

Aden Free Zone: A Promised Land
In spite of the dismal picture of our ostentatiously current deteriorating economic conditions, the opening of the Container Terminal of the Aden Free Zone left a silver streak in our horizon. In the final analysis, economists believe that this zone could bring back its prosperous and bright past, where it served as a world trade route linking the Orient and the West. it is expected to catch a lot of investors due to its strategic trade position. In other words, it could provide the unemployed Yemeni workforce with a good number of work opportunities. This could breathe a new life into these people who are scattered in streets doing nothing. In fact, it could alleviate the hardships and ailments of these people who have been too patient with their government which talks much and works little. We do keep our fingers crossed in the hope that the Aden Free Zone would be a promised land full of employment. But this can't take place unless the government ensure full application of law and order, the main ingredients for attractive many investments into the zone. so, will it do it? I hope so!

By: Mohammed Hatem Al-Qadhi,
Taiz Office Editor,
Yemen Times.

 
 
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