Yemen acceded without reservation to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. The provisions of these instruments, however, have yet to be incorporated into national law.
In addition, Yemen has signed and ratified a number of international and regional Human Rights instruments including: the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)[1] and the Convention on the Political Rights of Women, the International Convention on the Elimination of all forms of Racial Discrimination (ICRD), the Convention against Torture (CAT), the Convention on the Rights of the Child (CRC), the United Nations Convention on the Law of the Sea and, finally, the International Convention for the Safety of Life at Sea.
The GoY also signed the Convention on the Rights of People with Disabilities and its optional protocol.
While Yemen has acceded to most major Human Rights conventions, including those pertaining to women and children, the implementation of the rights standards within these instruments is uneven and often limited. Effective monitoring and implementation mechanisms have not been established, and the legal implications of its commitments not yet internalized either in national laws or, as is often the case, in practice.
National legal framework
Despite being a State party to the 1951 Refugee Convention and its Protocol, there is no specific national legislation in place to implement the provisions of these instruments. This gap has seriously hampered Yemen’s ability to implement key international refugee protection obligations.
Although a Refugee Bill was drafted by ministry of human rights with UNHCR support in 2004, there has been no further development on this front.
In the absence of specific refugee legislation, refugee matters are governed by various other national laws. Legislation having a bearing on refugee affairs includes: the Resolution on Immigration (1984), the Law on Yemeni Nationality (1990), the Law on the Entry and Residence of Aliens (1991), the Constitution of the Republic of Yemen and the Presidential Decree establishing the National Committee for Refugee Affairs (NCRA) (2000). Their application to refugees is frequently ad hoc and not necessarily consistent. For example, although the Constitution prohibits the extradition of political refugees and gives authority to the President to grant political asylum, the Law on Entry and Residence of Aliens 1991 (Entry and Residence Law) considers refugees on the same terms as foreigners and does not recognise any specific protection obligations in regard to the refugees or asylum seekers. The National Committee for Refugee Affairs (NCRA) has no power to grant asylum or to protect refugees, and refugees are generally governed as foreigners by the 1991 Law on the Entry and Residence of Aliens.
Republican Decree 1 of 2002 mandates the Yemeni Coast Guards to protect lives and ensure safety at sea. The Yemeni Coast Guards have two major bases in Aden and Al Hodeida, and plans to establish other bases along the coast are underway.
Sharia law is applied to refugees in the same way as for Yemenis. The source of all laws in Yemen is the Sharia and it therefore applies in all sectors. Yemen also applies the principles of international customary law.
National administrative framework
Until 2010, the government of Yemen does not have an administrative national body responsible for managing refugee and asylum affairs. Executive decision-making authority over refugee affairs rests with the NCRA.
The NCRA was established in 2000. It comprises representatives from the Ministries of Interior, Foreign Affairs, Immigration and Passports, from the Yemeni Red Crescent, from the Central Organization of the Political Security as well as representatives from the local authorities associated with the refugee camp. Its membership does not include some key ministries, such as the Ministries of Human Rights, Justice, Health and Labour. The main responsibilities of NCRA are to establish policies and programmes related to refugees, establish cooperation with UNHCR, follow up on Yemen’s adherence to the 1951 Convention, coordinate with the authorities concerned and issue necessary guidance and instructions, and to provide suggestions and visions regarding its own future programmes to the Vice Minister of Foreign Affairs.
Its executive arm, the National Subcommittee for Refugee Affairs (NASCRA), works on the daily follow-up of refugee-related issues but has to refer to NCRA for decision-making. In addition, the NASCRA is only based in Sana’a, with no representation in other governorates that host refugees and asylum seekers. This has limited its capacity to effectively manage refugee and asylum affairs. There is also a Bureau for Refugees within the Immigration Department, but it has not been operational so far. The lack of an executive body which bears sole responsibility for refugee affairs in Yemen represents a hindrance to addressing protection concerns in a timely and effective fashion.
The GoY has established the Bureau for Refugees through a legislation amendment,
In 2010, a republican Decree No. (39) For the year of 2010 concerning amendment of the Republican Decree No. (3) For the year of 1999, On the Regulations of the Immigration Authority to establish a General Department, called (General Department for Refugees’ Affairs)(BRA), and be subject to the overall supervision of the Chairman of the Immigration Authority.
The BRA has the following functions and tasks (Article 2):
1 – Reception and provision of shelters to the refuges, besides providing them with Protection and appropriate care, in addition to the overall supervision of their affairs.
2 – Participation in the receipt and distribution of aids, which are allocated for the Refugees, and of which are provided by government agencies, local or international organisations, and in coordination with the National Commission
for Refugees’ Affairs.
3 – Receipt of communications and/or notifications sent by air and sea ports, and border crossing points of the Republic, and all the data related to the refugees, which are maintained by the police stations, and check points, in regard to the refugees coming to the Republic.
4 – Develop a database, which contains names of refugees, who newly arrived and those, who are already residents in the Republic, in addition to all data related to such individuals.
5 – Receipt of applications for recognition of refugee status, verify their legality and refer them to the National Commission for Refugees’ Affairs.
6 – Granting of a refugee I. D/document to each individual, whose case was
determined to be granted the refugee status,
7 – Participate in the meetings of the specialized international organizations and the United Nations High Commissioner for Refugees.
8 – Taking executive procedures for the refoulment and/or deportation of refugees, whose justifications to remain and stay in the Republic have ceased, or whose presence form a threat to the security and public order, and in coordination with the relevant authorities.
9 – Coordination with the relevant security apparatus to monitor movements and activities of refugees, in accordance with applicable laws.
10 – Notifying the relevant authorities of the decisions taken as regards recognition of refugee status, and take appropriate actions accordingly.
11 – Preparation of periodic reports on the progress made by the above General Department, and its branch offices, as well as level of achieving targeted tasks and competencies.
There is governmental body deal with Human Rights which is the Ministry of Human Rights, established in 2003, attempts to raise awareness of human rights via public information campaigns, training of human rights activists, and participation in numerous conferences.
National and regional migration policy
The unremitting flow of migrants and asylum seekers to Yemen has tested the capacity of Yemen to manage admissions. New arrivals, including refugees and asylum seekers, are increasingly linked to mounting crime in urban areas, culturally inappropriate behaviour, higher rates of unemployment and HIV/AIDS, even though there is no evidence that they are the root cause of those problems. The new arrivals are also accused of anti-social behaviour such as begging. These developments, in addition to the events of 9/11 and the subsequent anti-terrorism campaigns, have led to a more rigorous approach to migration which has impacted on those seeking asylum in Yemen.
while Navy and the Army are controlling the shores of the coast, the Government staff in the police, security, the military and the coast guard lack sufficient knowledge of refugee protection principles, with the result that refugees and asylum seekers are not always distinguished from other migrants, and their protection needs not readily and systematically determined and respected. In 2007, UNHCR conducted training for the army operating along the coast. However, due to the security limitations which prevent UNHCR from moving along the coastal areas on a daily basis and due to the fact that the soldiers on the coast are changed every two weeks, awareness is limited.
Migration movement is currently not well documented and reasons for migrating to Yemen need to be further investigated. There is a need to better monitor the smuggling channels and what happens to the thousands people who arrive in Yemen every year and do not approach UNHCR or only stay in reception centres for a few days before moving on or becoming ‘invisible’..
The Government of Yemen did not conclude any readmission agreement for third party nationals who are not in need of international protection. Rejected asylum seekers are sometimes deported but government official
ls stress that they allow people to find a safe destination (which is not always their country of origin).
Non-refoulement
According to the Yemeni constitution, extraditing political refugees is prohibited (article 46). At the same time, The Law on the Entry and Residence of Aliens No. (47) For the year 1991, Article (38)/4: The provisions on the residence of aliens shall not apply to: “4-Subjects of states bordering on the territory of the Republic with respect to entering adjacent border areas provided they obtain special permits designated “Border permits” within the framework of the provisions of the relevant conventions concluded with the neighbouring states concerned” since Yemen has signed and ratified 1951 convention, where the law can be interpreted as preventive from extraditing refugees.
Also, Refoulement is a risk in Yemen as persons considered to be illegal immigrants are often deported without consideration of their protection upon return.
The number of known forced returns to refugee-producing countries has been significant, particularly in recent years, as Yemen attempts to gain greater control over irregular migration as well as to play an active role in the ‘war on terror’. Some reports estimate the number of forced returns to Ethiopia, for example, as being over a thousand people over the past three years. Iraqis too have been subjected to deportations.
Refugees and asylum seekers are also at risk of refoulement if they have been found guilty of criminal acts and after they have served the sentence ordered by the Court.
Judgments sometimes include an order for removal. Asylum seekers and refugees can appeal against the decision of removal by the Court of First Instance before the Court of Appeal and ultimately before the High Court.
The Immigration Authority keeps public records of removal cases, the quality of the record system is unknown.
Overall awareness of the non-refoulement principles among public officials including police, military and the judiciary is low.
Civil documentation
Birth certificates, death certificates and marriage certificates are normally issued by government authorities in accordance with the following procedures:
- Birth certificates are normally issued by the civil registry based upon a letter stating the birth provided by the hospital or, in cases of home births, by the Neighbourhood Chief (‘Aqil al-Hara’) or the community midwife.
- Death certificates are issued by the Police; In case of death, a doctor has to conduct a home visit and sign a document stating that the person has died of natural causes. Based on that document, the police can issue the death certificate.
- Marriage and divorce certificates are issued by the Ministry of Justice. It takes place in the presence of a Maathoon (Government Official from the Justice Department) and two witnesses. The contract is then taken to the civil registry for official registration. The married couple will be charged a fee by the department who rendered the service.
Refugees and asylum-seekers who marry a national do not acquire the same rights as their spouse, except that they benefit from better conditions in obtaining residence permit. Common law marriages are not allowed under the law of the Republic of Yemen, they are punishable as adultery.
Refugees may need to bribe the government authorities to have these services rendered. They will sometimes be asked to pay repeated bribes before they can obtain the requested service. This is, however, not an uncommon obstacle either for Yemeni nationals who need to obtain civil documents.
One of the principal reasons for the arrest and detention of asylum seekers and recognized refugees in Yemen is the lack of documentation. In the case of asylum seekers, the only documentation provided by UNHCR is the appointment slip for attendance at interviews or to collect results. Often proof of appointment may not be sufficient to prevent arrest.
Travel documents
Yemen’s 1994 Republican Decree on Entry and residence of Foreigners empowers the Minister of the Interior and Security to grant travel documents to refugees.
However, refugees are not provided with travel documents by the GoY. In recent years, it has only provided a one-way laissez-passer to refugees who want to leave Yemen for resettlement or other reasons. This document does not permit re-entry into the country. The GoY only grants re-entry in exceptional cases such as medical cases.
Law enforcement
The GoY bears overall responsibility for the security and safety of refugees. While refugees have access to law-enforcement mechanisms, including resorting to the Police and the Judiciary, security is not always assured in either the camps or urban areas. Enforcement personnel are in place but their numbers are not sufficient, nor are there female security officers. Moreover, security personnel often lack basic training and understanding of fundamental protection principles, including women and children’s rights, gender violence, prevention and appropriate responses.
Protection of children
Yemen is a party to key international instruments pertaining to children, and in 2002, it passed the Rights of the Child Act. Yemen has a Comprehensive National Strategy for Children and Youth for the period 2006-2015 The Strategy includes refugees in some of the action points under the National Action Plan for children (age group 6 – 14).
The Juvenile Act (Law 24/1992, revised in 1997) applies to refugees, and Yemen has Juvenile Courts to deal with legal issues related to children between 7 and 15, which is the legal age for majority in Yemen. As a general rule, children below the age of 7 who perpetrate a crime are exempted from punishment. The Juvenile Courts have a psychologist and a social counsellor. They rule as a panel on issues of temporary separation of children from abusive parents or children involved in delinquency. Minors judged in the Juvenile Court will receive a punishment that does not exceed the quarter of the regular length of the sentence. The children are sometimes referred to a social centre for education and care, and there have been cases of refugee children who were referred to those centres.
Child labour
Child labour occurs in Yemen and refugee children are no exception. They mainly work in restaurants, at bus stations, in factories, on construction sites, in car workshops and as street vendors. Many refugee children are also found begging in the streets, which is against the law.
The government has also taken measures to address this problem and has established a child labour unit within the Ministry of Labour and Social Affairs. It has also appointed a national coordinator for the International Labour Organization (ILO) Programme on the Elimination of Child Labour (IPEC), that was established in Yemen in 2000. The ILO staff member is based in Sana’a in the Ministry of Labour and Social Affairs. The minimum legal age for children to work is 15 years, which is the age of majority in Yemen.
One of the main reasons for child labour is household poverty and the need to generate extra income to sustain basic living conditions. Even though schooling is free most parents prefer to send their children to work to support the livelihood of the family.
Refugees are legally permitted to move freely in Yemen. In practice, Somali refugees with ID cards can move relatively freely. Non-Somali refugees and asylum seekers who do not have government-issued ID cards run the risk of being arrested and detained for illegal entry or residence, although many do circulate without detection. Outside these areas, and particularly when passing through government checkpoints that exist throughout the country, they can sometimes face the risk of being harassed or asked for bribes by the local authorities.
Non-arbitrary detention
Refugees and asylum seekers are generally arrested and detained for three distinct reasons: (a) committing a criminal offence, or charged for committing such an offence (detention centres at police stations and regular prisons), (b) illegal entry and/or stay (administrative detention at Immigration departments), and (c) being involved in acts which constitute a threat to national security/public safety (political security detention centres).
Asylum seekers whose claims are still pending with UNHCR are considered to be illegal immigrants by the Yemeni authorities. The charges of illegal entry and illegal stay, in addition to any other criminal charge, result most often in the deportation of the person of concern. This being said, Somalis and Iraqis are normally not deported due to the security situation prevailing in their country of origin. However, Ethiopians are sometimes being deported to their country of origin without any trial.
The authorities allow the monitoring of prison conditions and, in Sana’a, UNHCR requests access through the office of the Public Prosecutor. Generally, conditions of detention are poor, cells are overcrowded and food, sanitation and health facilities are inadequate. The government provides only the minimum services, leaving detainees, refugees or Yemenis, to depend on their families for extra food and medicine. This situation puts an extra burden on refugee families, whose living conditions are already very precarious. Detainees are allowed to correspond and to date there has been no report of mistreatment by detention staff, this includes torture, inhuman or degrading treatment.
Detention facilities are gender-segregated. Children are often detained with their mothers. Detained asylum-seekers and refugees are mixed with criminals. Detainees are normally granted visits. Very few NGOs are engaged in prison monitoring, their capacity is very limited, and they are often unaware of international protection principles and the rights of refugees and asylum seekers.
Access to legal remedies
Refugees and asylum seekers are equal to Yemenis before the law and are entitled without discrimination to the protection of the law. In practice, refugees use the legal remedies available even though some refugees, especially those without government-issued IDs, may fear of coming forward. Additionally, even though the costs related to the registration of a complaint and following-up the judiciary process are low, some refugees and asylum seekers cannot afford them. UNHCR and its partners try to ensure that refugees and asylum seekers who have been charged with a criminal offence benefit from due process of law.
In Sana’a, all asylum seekers and refugees can seek legal advice and representation. Whenever a person of concern cannot afford one, the UNHCR lawyer raises the issue with the Bar Association. Furthermore, in some cases, the Court requests the “Council of Lawyers” to provide legal aid to a “client” who can be a person of concern to UNHCR. The “Council of Lawyers” is an association of lawyers funded by the Ministry of Justice whose members are tasked, upon request from a Court, to provide free-of-charge legal services to clients who cannot afford a legal representative. UNHCR’s partner, INTERSOS, also provides legal representation to refugees.
In Aden, UNHCR automatically provides legal assistance to refugee children and women through an external lawyer paid by UNHCR. Some women also benefit from legal aid through the Women’s Union. Legal assistance is provided to male refugees depending on the seriousness of the case and when circumstances indicate that they may not benefit from due process of law (e.g.: if their case is against a powerful Yemeni).
Detainees, who are not proficient in Arabic, are not always provided with the services of an interpreter by the authorities. While UNHCR tries to provide interpreters as much as possible, in some cases refugees have to identify an interpreter on their own.
Refugees and asylum-seekers who are detained are usually promptly brought before a judicial authority for review. Junior prosecutors and judges who might not be familiar with refugee law tend to sentence refugees to deportation after they finish their detention period as an “additional punishment”.
Traditional dispute-resolution mechanisms are also in use among the refugees. Some cases reported to the police are withdrawn by refugees following consultation with tribal elders. Most of the Somali community does not accept the official justice system, considering that it is shameful to involve outsiders in its problems. However, traditional dispute-resolution mechanisms are not always effective and may even lead to more abuse by the perpetrator, who sees that tribal solutions are not holding him accountable, especially in cases of SGBV or other serious crimes. Moreover, the traditional justice system can result in police reluctance to intervene. Women and children are particularly impacted by this. No discrimination is made between men and women in regard to access to justice and judicial remedies but it is also very uncommon for women to directly approach tribal judges. Women are usually represented by male relatives. Tribal dispute-resulation mechanisms address general cases and they do not interfere with the national judicial system as tribal judiciary is recognized by the state and its judgements have the power of first instance. Tribal judges receive their training as per the local traditions of the country and tribe.
In August 2004, the Minister of Justice of Yemen, issued a Ministerial Circular (13/2004) in which he instructed chief judges and judges in courts and public prosecutors of the need to inform UNHCR of any action against the refugees and stipulating the legal procedures to be followed in the treatment of refugees undergoing a criminal trial process if they are not able to pay for the cost in capital crimes which might require such action.
Food security
Refugees and asylum seekers in Yemen live for the most part in very precarious conditions and face problems associated with the absence of employment and self-reliance opportunities and the lack of sufficient assistance to meet basic needs and provide essential services.
The main problem communities report related to access of food are rising food prices, which strongly affect Yemen. The main staple food wheat flour in particular, which is essential for the most important food component, bread, has risen dramatically over the past months. Coping strategies vary from skipping meals to reducing the quantity of food per meal. Another coping strategy is the use of red wheat instead of white wheat flour which is more expensive. Meat, vegetables and fruit are consumed in low quantities, which may lead to a poor nutritional status.
Water and sanitation
The national water service system in Yemen is not well developed and does not reach all people in Yemen, including refugee populations.
Sanitation facilities are of poor quality, contributing to serious health problems including the spread of infectious diseases and sometimes outbreaks of cholera.
There is a dire need to increase awareness-raising campaigns to promote hygiene, sanitation, and water conservation.
Shelter
Many refugees and asylum seekers live in substandard shelters, and there is a pressing need for improvement.
Urban refugees are expected to find their own housing. They are not assisted in any manner in this regard and face dire living conditions. The extreme difficulties they face in earning a living means that most are not able to afford decent living conditions. This problem is compounded by high rents that compel refugees to share a room with 8-12 family members in slum-like conditions.
Health care
While refugees and asylum seekers face no legal impediments regarding access to Yemeni public health services, these are chronically under-resourced and unable to fully meet the needs of the Yemeni community let alone refugees and asylum seekers.
Health care is provided to refugees and asylum seekers by UNHCR through its implementing partners, but in this area too there is a lack of capacity and resources. Refugees and asylum seekers consistently report their concern over the need for increased access to medical services including referrals to Government-run hospitals for conditions that cannot be treated by UNHCR’s health-implementing partners.
Main health problems, for refugees as well as for the local community, include diarrhoea, respiratory diseases and skin diseases. June/September is the peak season for respiratory and diarrhoea diseases due to extremely hot weather. Malaria accounts for 2-4% of health complaints. However, long-lasting mosquito nets have never been provided to prevent illness.
The principal causes of health threats are poor living conditions, unsafe water resources and lack of personal and environmental hygiene, though health education services are in place and do have a positive impact on the medical state of the population. The health education services are family planning, HIV/AIDS awareness and mental health training. Refugees have free access to contraceptives. In all locations, the health services are equally available to women and men.
Primary and secondary education
Refugee children are equally able to attend local primary and secondary schools together with Yemeni children. Primary education is free of charge also for refugees and school books are provided by the Ministry of Education.
The refugees follow the Yemeni curriculum and sit for national exams in primary and secondary school. There is a significant lack of female teachers in all schools. There is also a lack of qualified teachers who are trained on addressing the educational requirements of refugees living with disabilities.
Higher education, languages and vocational training
Universities limit admissions of non-Yemeni students. This is one of the hurdles refugees face in addition to the problem of fees, which many refugees cannot afford to pay despite the fact that refugees benefit from discount in some Universities.
Rights and responsibilities
All refugees in any location in Yemen, regardless of religion, are allowed to practice their religion freely. The majority of refugees are Muslims and can access mosques easily. There is also a church available in Sanaa and Aden which are easily accessible to all. Refugees are further allowed to form and join non-political and non-profit organisations.
The laws of Yemen grant freedom to practice religion, and no incidents have yet been reported of refugees facing obstacles in this area. In Sana’a, some of the refugees do benefit from assistance programmes provided by the mosques in their neighbourhood. There are some Christians amongst the Ethiopian Community, and very few amongst the Somali Community.
Self-reliance and livelihoods
Refugees have very limited opportunities to improve their livelihoods and become self-reliant, and the percentage of refugees engaged in gainful employment is extremely low in both camp and urban settings. Women predominantly work as domestic workers in very poor working conditions, where some face the risk of sexual and gender-based violence, and some are even forced into survival sex. In addition, the current level of programmatic activities focusing on vocational skills and micro-credit schemes benefit only a very small number of refugees and focus on skills which are not necessarily in demand on the labour market.
Adult men and women of all nationalities, both consider the lack of current and future access to jobs as one of their priority problems. Women face additional obstacles due to the lack of child care available.
Many refugees, including children, are begging in the streets. According to the Yemeni Criminal Law; people who engage in begging shall be punished by imprisonment for up to six months. Some refugees have reported being arrested by the Police and warned not to pursue this activity but they have all been released within few hours.
Trade and self-employment
Refugees who want to engage in trade or self-employment are considered as foreigners and need to register at the Chamber of Commerce and Industry. They also have the obligation to pay taxes and abide by the laws as foreigners do. Refugees, like other foreigners, cannot own or operate businesses except with a Yemeni partner. There are relatively few refugees and asylum-seekers engaged in those activities and most of them do it informally which is a direct result of restricting trade and self-employment. There are also only a relatively small number of programmes to support refugees starting small businesses. Refugees have been complaining about the lack of cash available for them to engage in trade or self-employment. It appears that some refugees receive remittances from the Somali Diaspora however there is no clear information on the number of beneficiaries and the amount of money sent.
As there is a growing demand for domestic workers in Yemen and already a large number of refugee women are working as domestic workers, it would be of added value and a major form of prevention and response to gender-based violence if Yemen were to legalise these domestic workers’ contracts and ensure law enforcement regarding the employer and employee to ensure their dignity and protection in the workplace.
Men and women benefit equally from self-employment activities.
Wage-earning employment
Refugees are regarded as foreigners when it comes to their right to employment. Foreigners are not permitted to legally work in Yemen without permission. Before an employer can hire a foreigner, the employer must apply in advance for a permit at the Ministry of Labour and Social Affairs.
According to the Labour Law (article 20) a non-Yemeni can work in the Republic of Yemen if s/he fulfils the following conditions:
1- Acquiring a resident visa and a work permit;
2- Meeting the requirements for the job and being in good health;
3- The permit holder shall work in the position specified in the permit;
4- The permit holder must hold a license for the professions which require such licenses;
The employment shall be in an area where no Yemeni workers are available.
The Ministry for Labour has issued a list of occupations or jobs which are forbidden for refugees workers and non-Yemeni citizens in Yemen. It includes a) construction and building work, b) middle technical fields (i.e. welders, plumbers, electricians etc), c) handicrafts (i.e. barbers, bakers etc), d) writing skills (i.e. journalists, administrative clerks), e) services (i.e. telephone operators, drivers, waitresses), f) agriculture g) physical work (i.e. manual work, petrol station attendants), h) accounting and management. The Ministry of Labour has made official exceptions for Iraqi refugees, who can work in specific jobs listed in the document. By and large, Iraqi refugees are well integrated and most of them are working.
In practice, however, few work permits are granted, and most refugees who find wage-earning employment tend to work in the informal sector including as domestic workers, dish-washers and waiters in restaurants, car washers, and construction labourers. Some refugees are also hired in the fields of agriculture and fisheries, where they provide cheap labour for land owners and other businessmen. This has at times created jealousy from the poor and jobless Yemenis.
Refugees, like many Yemeni nationals, find securing work difficult and wages low. This accounts for the very precarious situation faced by many refugees.
Social security and just and favourable conditions of work
Refugees and asylum seekers benefit from the social security laws and labour regulations according to article 24 of the law 5/1995 of the Labour Law applying to foreigners. If the refugee is working legally, the refugee is entitled to social security in the same way as nationals (with the exception that the refugee needs to pay for the work permit and its renewal every year).
Likewise refugees benefit from the same treatment as citizens of the country in case of disputes between an employer and an employee. This has been the norm in the Yemeni judiciary in labour cases (through the arbitration committee) on labour disputes. Some refugees have benefited from court verdicts in their favour and have been granted all their rights as provided for in the law, including pension. However, as the majority of refugees work in the informal sector, they do not benefit from social security.
Recognition of foreign diplomas
In the Republic of Yemen, certificates issued from abroad are usually recognized, especially secondary school certificates. Many foreign students are now studying in Yemeni universities, including some refugees (even though the exact number is unknown). Yemeni Universities and Colleges have their own guidelines for admitting foreign students. This changes from year to year.
Right to own property
Refugees are entitled to acquire movable properties. Foreigners are entitled to buy immovable properties. Foreigners can buy a house but only for living purposes, not for business purposes. If refugees want to register a business, they need to have a Yemeni partner. In practice, many foreigners do buy houses and land in Yemen but UNHCR is not aware of any refugees owning land or houses even though they are not legally forbidden to do so. Refugees don’t need to pay higher property taxes or charges than nationals.
Local integration
Although Yemen is a signatory to the 1951 Convention and its 1967 protocol, the legal provisions relating to integration are not implemented and provided for in national law.
Somali refugees whose status is recognised by the government are permitted to remain and work in Yemen, subject to certain restrictions outlined above. The government does not register non-Somali refugees; therefore their stay in Yemen is a more precarious one.
Moreover, Yemen’s current economic climate being characterized by a high unemployment rate has meant that its absorption capacity is significantly reduced and, consequently, its prospects for real local integration are limited. Ending the dependence on humanitarian aid will remain impossible if no steps are taken by the GoY to facilitate the integration of refugees in the labour market.
Naturalization and citizenship
Naturalization of foreign nationals, including protracted refugee caseloads, is not common policy in Yemen. The legal basis for naturalizing foreigners and the granting of Yemeni nationality is law No. 6/1990. Article 4 of the law stipulates that second-generation foreigners who were born in Yemen could potentially be entitled to Yemeni citizenship. Of particular relevance to the majority of refugees in Yemen is Article 5, which states that it is permissible to grant Yemeni nationality to an Arab or foreign Muslim who does not qualify for Article 4, if he/she satisfies the following conditions: having reached adulthood, continuous residence in Yemen for ten years, being of good reputation and not having a criminal record, having a lawful source of income and either being able to speak Arabic or have skills in demand in Yemen.
The Law no.6 of 1990 on Yemeni nationality was amended on 5 March 2003. Article 10 now grants Yemeni nationality to the children of Yemeni mothers and foreign fathers if the marriage has ended as a result of death, divorce or abandonment by the foreign father. In addition, a refugee woman legally married to a Yemeni can acquire Yemeni citizenship based on article 110 of the Nationality law.
No statistics are available on the number of refugees who did get naturalization, but UNHCR is not aware of any cases, and it is anticipated that the number is probably very low if there is any at all.
It seems that a substantial number of refugees are able to obtain Yemeni identity cards by bribing government officials at the Civil Registry. However, no statistics are available on the magnitude of this process.
Internally Displaced Persons (IDPs)
Internal displacement is one of the challenges currently facing the people and the Government of the Republic of Yemen. Conflict and violence in recent years, in particular the wars in the Governorate of Sa’ada (2004-2010), the crisis of 2011, and confrontations in the Governorate of Abyan (2011-2) have displaced nearly half a million Yemenis in their own country as “internally displaced, and recently, due to the war, the total number of more than 3 million IDPs in Yemen is unprecedented in the country’s history of displacement.
Despite the efforts undertaken by the Government to address the needs of IDPs, internal displacement remains a significant problem in Yemen which requires greater international attention and support, especially considering the limited resources of Yemen.
The adoption by Cabinet of this Policy in June 2013 makes Yemen the second country in the Middle East region and one of over 20 countries worldwide that has adopted a national IDP policy.
Covering IDPs from conflict as well as natural disasters, addressing and resolving internal displacement in Yemen, the Policy seeks to comprehensively address and resolve internal displacement in Yemen through three goals: preventing future involuntary displacement; assisting and protecting IDPs and host communities; and finding safe and lasting solutions for IDPs, including by supporting their return and the reconstruction of conflict-affected areas. Priority actions for achieving each of these goals are specified in the Policy, as are coordination arrangements within Government, namely the creation of a Supreme Committee for Internally Displaced Persons, as well as collaboration with civil society and the international community.
This Policy provides a coherent and comprehensive national framework for responding effectively to internal displacement in Yemen. In addition to restating the rights of IDPs and the responsibilities of the authorities towards them, this Policy identifies current goals and priorities of the Government for responding to internal displacement.
The Policy addresses internal displacement in all phases through the following three inter-related goals:
Goal 1- Protecting civilians from involuntary displacement and being prepared to respond to possible displacement;
Goal 2 – Protecting and assisting IDPs during displacement and supporting displacement-affected communities;
Goal 3 – Creating conditions enabling safe, voluntary and durable solutions to internal displacement.
