1 – Executive Summary:
The free flow of data and information from the basic parameters of any democratic system, as the most important tools for citizens to exercise full rights of citizenship, and the importance of citizen’s exercise of the right of access to information in strengthening the relationship between state and citizen, which is what makes the citizen has a strong interest in access to information. The disclosure of anomalies and excess and the reduction of the citizen’s sense that he was aware of what is happening, and therefore reduces opportunities for corruption, thereby creating a suitable environment for sustainable development and equal opportunity and justice, to the “information society free” ..
The report discusses the most important Yemeni legislation on freedom of circulation of data and information, and their compatibility with international standards to ensure the right flow of information and data.
It also gives a concise report on the status of the media from the press and journalists and electronic web sites, and other private media and government, as such bodies are the most link to the right of freedom of access to information.
It is important to note at the outset that the Yemeni government is not one of the governments that oppose the principle of the right to access to information. Yemeni government submitted a draft law to Parliament for approval, despite any comments or views critical of the bill.
The acceptance of the Yemeni government to the principle of right of access to relevant information needed to issue a law to ensure the free flow of information and access to them. The Yemeni government approved a draft law in the decision of the Council of Ministers No. (431) for the year 2008.
Commitment of the Government of Yemen shows through the explanatory memorandum submitted to the House of Representatives is attached to the bill. According to the explanatory memorandum ” The Republic of Yemen, like other states are moving in the way of progress and evolution in various aspects of social, economic and political information have made it a central issue in the system of rights and freedoms guaranteed to the individual where he was rooting in the framework of the Constitution and numerous laws, as well as the information is also a fundamental need for decision makers and an important means to enable them to study the problems and access to the most appropriate measures and solutions that must be taken. “. The explanatory memorandum confirmed that there were practical steps undertaken by the previous government such as “developing a national center for information mean conduct informational work in the Republic and serve as the reference point to provide information that should flow automatically from all stakeholders in both the government side or mixed or private sector. In the past, the work of the National Center for information, found an urgent need to provide a legal framework consistent with the level of developing the Information in Yemen and is working to ensure the flow of information on a regular basis and at the same time regulate their use and identify ways to protect them and the necessary sanctions against what may be committed irregularities or crimes in this area “. The explanatory memorandum expressed feelings of satisfaction to the attention of the subject and said “while efforts were being made for the preparation of such a law, we were very pleased as we have found increased interest thereon to the members of the parliament and was the initiative of one member of the parliament to submit a draft of a law (Right of Access to Information). Having a positive impact in contributing to access to the final formulation of a bill of information in the interest of the community and consistent with the characteristics and level of development of the Yemeni reality and accommodate a summary of positive effort undertaken by the members of the parliament, which is our greatest appreciation and gratitude. “
The explanatory memorandum is not opposed to international standards to ensure the right of access to information, the note stresses that it was ” necessary to prepare the draft law to meet all the requirements of an integrated informational work in Yemen and can regulate the production and management of information and achieve her wish, and in a way that the following prerequisites:
A -Securing the right of citizens to information, strengthening the elements of transparency and expansion of the exercise of rights and freedoms.
B -Promoting opportunities for participation based on informed consent and benefit from access to information in order to contribute as much as the best in the public interest and concern to link the right of access to information, and used in a manner beneficial to the interests of the individual and the community together.
C – Embodies the care and responsibility to help users of the right to access to information to avoid falling into the wrong use of them through the development of adequate preventive controls.
D- Achieve harmony in the exercise of the right of access to information in exchange for a duty used within the law and order, and expression of opinion based on that information with full responsibility. “.
The draft law – as the explanatory memorandum says- (86) articles divided into six sections:
Part I: The label and the definitions and objectives
Part II: Freedom of Information
Part III: Information Management.
Part IV: Information Security
Part V: Violations and sanctions
Part VI: General Provisions.
No one can work away from the governments. During the beginning of the declared intentions. Intentions that emphasize recognition of the right of citizens to access to information. In August 2009, the parliament included in its agenda the report of the Committee on Information, Culture and Tourism on the study and discussion of the draft law the right of access to information.
In 2008, identified a spokesperson on behalf of the Yemeni government, Minister of Information is doing a spokesman, held a news conference after the end of the meetings of the Council of Ministers.
It is a beginning. Although the way is not flat, we should start.
2 – Background:
General information about Republic of Yemen
location:
Republic of Yemen is located in the south of the Arabian Peninsula in the south-west of the continent of Asia. Is bounded on the north by Saudi Arabia, on the south Arabian Sea and Gulf of Aden, on the east by the Sultanate of Oman and the Red Sea to the west.
The area of the Republic of Yemen 555 000 square kilometers and is located in the south-west of the Strait of Bab al-Mandab Yemen, which represents the entrance to the Red Sea.
Population:
The population of the Republic of Yemen and in accordance with the final results of the General Census of Population and Housing and facilities to in 2004 (19.685.161). The population is growing at a rate (3.0%) and represents the male population (10,036,953) people, and by 50.99% of the total population. It also represents the female population (9,648,208) people, and by 49.01% of the total population.
• Total fertility rate 6.2 births / woman.
• The mortality rate among infants less than a year (74.8) child / a child.
• Rate of 37.3 deaths per thousand live births.
• Average life expectancy at birth is 62.9 years.
• Average number of individuals per family 7.14 and the average number of persons per dwelling 6.9 persons.
The national system and regional governments
Foundations and principles underlying the system of government:
The system of government in Yemen, on the principle of separation of powers and mutual cooperation as well as judicial review, as the Supreme Court of the Republic is the highest judicial body of competence control the constitutionality of laws and regulations and resolutions and their right to declare null and void laws and regulations and resolutions conflicting with the Constitution, and the system of government authorizing amendment of the constitution as the people who approved the constitution and approved can be modified by legitimate means legally by people’s deputies in parliament, to continue to reflect the realities of people and expectations and to align the logic of the times and the requirements of the development of society.
Republic of Yemen is an Arab Islamic sovereign and independent, which is an indivisible whole, and the people of Yemen are part of the Arab and Islamic nation.
Islam is the state religion and Arabic is the official language in the country and supports the political system and system of government based on Islamic Shariah as the source of all legislation.
People are the owner of the power source, which they exercise directly through referendums and general elections, and activities, carried out indirectly through the legislative, executive and judicial authorities or through elected local councils.
The political system of the Republic on political pluralism and party with the aim of peaceful rotation of power, and a law of parties, which in turn regulates the provisions and procedures for the formation of organizations, political parties and political activity of political parties and various political forces.
Yemen, as a sovereign state and member of the United Nations is working the United Nations Charter and the Universal Declaration of Human Rights and the Charter of the League of Arab States and the rules of international law recognized in general.
The national economy in Yemen on the basis of freedom of economic activity for the benefit of the individual and society
First: the legislative branch (parliament):
Parliament is the legislative authority of the State, deciding which laws and approves the general policy of the State and the general plan for economic and social development and the general budget and final account, and exercises control over the work of the Executive Body
Second: The Executive Branch:
Executive authority is exercised on behalf of the people, President and the Council of Ministers within the limits stipulated in the Constitution.
1 – President of the Republic:
President of the Republic is the Head of State, is elected in accordance with the Constitution. Vice President of the Republic appointed by the President. President of the Republic is elected by the people in competitive elections. Current President, Ali Abdullah Saleh, who took office in the northern part of Yemen since 1978, was the first President of the Republic of Yemen at its inception in May 1990 and ran for president in 1999 and 2006.
2 – Council of Ministers:
Council of Ministers is the Government of the Republic of Yemen is the executive and senior management of the state and followed without exception, all the departments and agencies and executive institutions of the State, and consists of the Prime Minister, his deputies and ministers, who together constitute the Council of Ministers, the law defines the general principles of organization of ministries and different governmental bodies, and chooses the prime minister members of his Cabinet in consultation with the President of the Republic, and requests in the light of confidence in the government program submitted by parliament. The Prime Minister and Ministers are responsible to the President and the parliament has a collective responsibility of the Government, and may withdraw confidence from the cabinet individually.
3 – local organs of power:
Dividing the territory of the Republic of Yemen to the administrative units, enjoying legal personality and local councils have been elected freely and directly or equal to the county level and the Directorate, and is exercising its functions and powers within the administrative unit.
Each administrative units and local councils are an integral part of the State authority; the governors accountable and answerable to the President and Council of Ministers and their decisions are binding to them and must implement them, in all cases. Considers the experience of interested local councils the councils do not have adequate powers to achieve the provision of full local control away from the central to the work of the provinces. There are demands to develop the experience of local councils to enjoy the rule of local and wide or full powers.
Legal system
Judicial branch:
According to the Constitution, the judicial authority is independent legally, financially and administratively, the Public Prosecutor of its organs, and adjudicated by the courts in all disputes and crimes. Judges are independent authority over them except that of the law is not permissible for any party in any way and intervene in cases or in matters of justice is such interference a crime punishable by law; the case is not waived by the statute of limitations.
Eliminate an integrated unit where there is no independent constitutional justice and the law shall regulate the judicial authorities and levels of competence and identifies and defines the conditions to be provided by the staff in charge of the judiciary and the conditions and procedures for the appointment, transfer of judges and other guarantees and promotion of their own may not be the establishment of extraordinary courts under any circumstances.
A top council for managing regulated by law and shows the terms of reference, method of nomination and appointment of its members. Working to apply the guarantees granted to judges in terms of appointment and promotion, separation and insulation in accordance with the law. The Council shall consider and approve the draft budget of the judiciary, in preparation for inclusion one number in the general budget of the State. President of the republic was Judicial Council, headed by modification has been made legal transfer of the presidency to the President of the Supreme Court.
Supreme Court of the Republic is the highest judicial body. It shows how the law defines the composition and terms of reference and shows the procedures to be followed before it. Practiced in particular in the judiciary as follows:
A – Chapter in the proceedings and submissions on the unconstitutionality of laws and regulations and decisions.
B – Chapter in the conflict of jurisdiction between the judicial authorities.
C – Investigation and express an opinion on the health of the appeals referred to it by the parliament relating to the validity of membership of any of its members.
D – The disposition of appeals of final judgments, in civil and commercial cases, criminal and personal status and administrative disputes and disciplinary actions in accordance with the law.
E – The prosecution of the President and Vice-President and Prime Minister and the Ministers and their deputies in accordance with the law.
Court sessions are public unless the court decides to make them secret interest of public order and morality in all cases, the verdict in open court.
Despite legal provisions that give the court the power and independence, the judiciary in Yemen is suffering from interference in its work and the law gives the Justice Department broad powers to intervene in the affairs of the judiciary.
The social and economic development.
Tribes are the mean base in the Yemeni Social structure. The tribe, which still has the importance, role and position in Yemeni society, and each tribe is composed of a group of families and houses… Remains to the tribes and their customs and traditions prevalent – especially in rural areas. It has the tribal characteristics and qualities and capabilities as an integrated unit, and highlights the phenomenon of revenge threaten social security as an issue between the tribes.
The enjoyment of major cities such as Sana’a province and the cities of Aden,Taiz, Hodeidah and Mukalla infrastructure make it accept arrivals from the countryside to the stability there permanently.
Yemeni society, including the Jewish minority, estimated at 150 thousand people, but this figure was reduced after emigrating to Palestine, bringing the current number without thousand individual, and do not have any political or social role.
Christian non-existent in Yemen only a few individuals from the remains of Indians who settled in Aden at the time of British occupation. There are a very rare cases were recorded in some cities for members converted to Christianity.
For women it hold leading positions in the state administrative apparatus, as well as work in the judiciary and the diplomatic corps, it is also present in the public service; and is also involved in the activities of civil society institutions, through parties and other political organizations, in areas of public life, however, This participation is facing social difficulties known to some social experiments in the regional, so that they do not meet the aspirations woman hopes.
Although Yemen is one of developing countries, it suffers economic conditions very complicated and bad. Is not the main problem is the lack of natural resources and wealth, or even human resources, labor. but on the contrary, that the reasons for the deteriorating economic situation due to the policy pursued by successive governments of Yemen. . Which returned a failure year after year, in addition to administrative and financial corruption that hit the joints and centers all State institutions.. Until it became the slogan(administrative and financial reform)
The most prominent manifestations of the bad situation of the Yemeni economy is the low exchange rate of the currency and loans accumulated by the State and the absence of investment and development, construction, and many imports and reduced exports and increased unemployment in the labor market .. And the absence of assistance for infrastructure building, investment, labor, industry .. In addition to the poor condition of the regulatory and supervisory bodies and the judiciary.
Yemen seen as a promising country with natural and important economic resources , where many of the wealth and riches have not so far been exploited economically, especially in the area of the various mineral wealth (oil, gas and minerals) and oil sector is one basic production sectors, and represents more than 90 % of the value of Yemeni exports.
Area suitable for agriculture in the Republic of Yemen does not exceed the rate of 3% of the total area of the Republic of Yemen, and the sector is the second production after the oil and contributes to a range between (10% -15%) of the value of GDP. Agricultural sector is the economic sector more inclusive of employment, absorbs about 54% of the total labor force and source of income for more than 70% of the population.
With the exception of the oil industry, the industry in the Republic of Yemen is described weak productive base and lack of diversity.
Republic of Yemen has a comprehensive physical map, combining the plains and towering mountains, basins and fertile valleys, hills, highlands, beaches, desert, climate and diverse coastal, desert and mountain. That reflected this diversity in terrain and climate, cultural diversity included in the social habits of people, their clothing and lands public, in addition to the diversity of archaeological However, instability, insecurity and poor infrastructure for investment in tourism sector lose its ability to support the Yemeni economy.
3 – Legal analysis
Like a lot of Arab and Islamic countries, Yemen has no special law regulating the free flow of information.
So, the report will search through the constitutional and legal provisions available in the Constitution and laws, which deal with information in particular and according to the nature of the conditions that regulate them. Also, without committing itself to basic principles and criteria by which classified among the countries which the State guarantees the right to access to information, in terms of providing a guarantee of full disclosure of information, mandatory publication, which provides a strengthening of transparency in government performance, and if there are exceptions that she would be in a limited exclusive, ensure State through the provision of transparency in the access to information and procedures exist to facilitate access to information without the costs and financial burdens borne by the information seekers, as well as to protect persons who disclose information or reporting.
In Yemen, there are a number of documents regarding right of access to information. The Constitution, the Press and Publications Law, the Regulations of the Press and Publications Law, the Anti-corruption, financial disclosure law, the Penal Code, the Penal Code of military.
In addition, these documents will be addressed in practice through the exercise of administrative bodies and government institutions.
First: The Constitution
Yemeni Constitution does not speak for the free flow of information openly and clearly as one of the rights of citizens but some articles of the Constitution concerning the right to freedom of expression and collective organization and contribute to public affairs, in addition to its constitution to comply with international treaties, which makes the link between the existing right of access to information and rights contained in the Constitution of Yemen.
Article (5) of the Constitution provides that “The political system of the Republic on political pluralism and party with the aim of peaceful rotation of power.” .Also, article (42) of the Constitution gave the right of every citizen to contribute “in the political, economic, social, cultural and state guarantees freedom of thought and expression of opinion in speech, writing and photography in the limits of the law” …. Moreover, Article (58) Yemeni Constitution guaranteed “for citizens throughout the Republic — a manner consistent with the provisions of the Constitution – the right to organize themselves politically and professionally, unionist, and the right to form organizations, scientific, cultural, social and national associations to serve the objectives of the Constitution and the State guarantees this right .. And take all necessary means to enable citizens to exercise, and included all the freedoms of institutions and political organizations and trade unions, cultural, scientific and social. “
The political system based on political pluralism and party, which gives citizens the right to contribute to different aspects of life such as economy, politics, culture, and gives its citizens the right to thought and expression, encompassing view of the objection to the performance of the overall work and behavior, the right of citizens in collective action organized through associations trade unions and others, that such a system needs to be a view of another opinion, and freedom of expression and the right to express opinions freely, and build consensus necessarily entails the existence of freedom of access to information of the parties to political action, the press and researchers, interested in public affairs, and if the provisions of the Constitution establish key principles to detect the approach that is committed by the State, the link will be established and located between the right to political and party pluralism and the right to obtain information.
The existing political system in Yemen, political and party pluralism and other rights emphasized by the international charters and conventions, the article (6) of the Constitution to “work the United Nations Charter and the Universal Declaration of Human Rights and the Charter of the League of Arab States and the rules of international law generally recognized” , including the Universal Declaration of Human Rights affirms in Article (19) that “Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek information and ideas, receive and impart to others, by any means without regard to the border “. Article (19) of the International Covenant on Civil and Political Rights “Everyone has the right to hold opinions without interference, and every person has the right to freedom of expression, this right includes freedom to seek information and ideas and transfer them to others without regard for frontiers, either in writing or print, in the form of art or any other means chosen”. By the Yemeni commitment to International law, at the top of an agreed document – the Constitution – based and there are no impediments between ensuring the right of access to information and the regulation of this right in a special law consistent with international standards of this right, which commits all bodies to respond to public requests for information to any person or entity or party without discrimination or selection.
Second: The Press and Publications law
Press and Publications Law No. Yemen (25) of 1990 the main source on the free flow of information, although the law lacks international standards to ensure this right.
Stated in Article (2) of the law the definition of the profession of journalism as ” the task of searching for facts and news and information and collecting, writing or translating articles and columns, investigations and analysis and preparation of programs, comments, cartoon, photography and news output, review, and writing headlines through the means of communication reading workers in the field of journalism. Although, this means the exclusion of any other party wishes access to information, it is contrary to the principle of “right of access to the information is any person or entity Regardless of what or who represents.” .
The text of article (3) of the law to expand access to information, stating that ” freedom of knowledge and thought, the press and of expression and communication and information access right of citizens to ensure that express their thoughts orally, in writing, photography or drawing, or through any other means of expression is guaranteed for all citizens in accordance with the provisions of the Constitution and the provisions of this law, “.. This text gives the right of citizens – without exception – access to information, but the text came in a general way and empty from organizing a mechanism to get this right, which lacked the text to clarify the procedures to facilitate access to information and without the costs and financial burdens borne by the information researcher, as well as to protect persons who disclose information or reporting.
Article (5) of the law was reported in the press gives the freedom to publish and search for sources of information, which provides that “the press is free to publish and freely receive news and information from their sources is responsible for what was published in the limits of the law.” But the text is not legal the bodies that have the information to disclose, to any entity or person, without discrimination or selective in providing information.
Chapter two of the law organized rights and duties of associate journalists and prevent the article (13) of press exposure to legal liability because of “the opinion from which the information or press releases published by and can not be reason to harm him unless he did against the law.” In the absence of a special law to obtain information is becoming human in the press access to information constraints prevented him from exercising this right, rather than give him the right, especially in the presence of the last sentence of the article that makes it possible to open accountability, stating, “unless it is done against the law” and did not The text sets out a law means, and what material is disseminated in violation of the law.
Such as article (13) made the article (14) of the law to ensure “the journalist has the right to access to information and news, data and statistics from their sources has the right to publish or not to publish and maintain the confidentiality of his sources of information may not be compelled to disclose the confiscation in accordance with the provisions of this law,” but not the legal text the bodies that have the information to disclose it. Article (14) into a limitation of its inherent ambivalence in determining the right of access to information sources and give the right of the press to maintain the confidentiality of its sources, if those who had the information withholding this information, there is a law necessary to disclose information for the press on confidential information that conflicts with the desire to keep the information confidential and not disclosed.
Regarding this, The bodies can have the information that the government be held accountable as the press had revealed this information regarded as confidential governmental body, and that the government can be considered that the journalist had violated the law by publishing information from non-sources, while the law gives him the right to disseminate information (from sources). Similarly, article (24) of the law confirms this limitation against the journalist because it provides to prevent the press from publishing information is not reliable health or the proportion of words spoken or acts to a person or entity, without checking the validity of the statements attributed to the addition by a person or entity without reference to. The journalist who published information without the consent of the person or entity that owns the information will be dealt with according to this text. Therefore, the right of access to information and dissemination existing in articles (13,14) has been emptied of content found contradiction in the text itself, and the restrictions contained in the articles (23,24,49).
As required by Article (23) press access to information and facts from reliable sources, and Article (24) prevent the press from publishing the information or the proportion of words spoken or acts to a person or entity, without checking the validity of the statements attributed to the addition by a person or entity without reference to it.
Article (49) requires the newspaper to get information and news, data and statistics from their sources.
The journalist who published information obtained from other sources may be violating the law, as he does not have to require those who had the information disclosure. The journalist who published the information without verifying the health or the health or approval of the rate of holding the information have been violated articles (49, 24.23) of the law of the press.
Result that can be accessed the law establishing the right of the journalist to obtain information in some texts in general, but it prevents the press from exercising this right in other articles is restricted mortgage news to those who possess the information and give.
Is Article (16) of the law more mandatory provisions of law as to the form to enable the journalist to obtain information? Article (16) states that “the journalist granted access to official reports, facts, information, and data and binding on the available to them by enabling it to access them and benefit from them.” Article obliges those who had the information disclosure. But the text is contrary to international standards concerning the right of freedom of access to information from various aspects:
1- Because it restricts the right of the press and the press only and not for all, without exception.
2- Did not specify the legal means to force the disclosure of the information they have or the limits of the right to consider the requested information shall be confidential.
3- The text came free of identification of a mechanism to facilitate access to information and the amount that has the custody of the information or material costs of the use right of access to information.
In the law, Article (103) Paragraph (8) of who deliberate spread of “data, news, information or incorrect information to influence the economic situation and muddle or confusion in the country,” In light of previous provisions to make the owner of the information is capable of as the report is accurate or not, the occurrence of a journalist under penalty of an offense based upon published information obtained without the knowledge of the party that holds the information, or without consent.
Third: Regulations for Law No. (25) For the year 1990 on the Press and Publications Regulations did not come out to the press law from the provisions of law in terms of emphasis and install the prohibitions relating to freedom of circulation of information, but added some details in the aspects that are considered confidential and prohibited its dissemination.
Article (3) dealt with the general trends of the work of the journalist. Stated in paragraph (5) of article emphasis on “the right of citizens to access to information, culture and knowledge and facilitate access to them” without being elaborate or clarify the mechanism to obtain information. Means oblige the disclosure of information they have.
Article (34) re-repeated as mentioned in articles (14.13) and materials (49,24,23) of the Code of the press without any additions can carry details of the means and mechanism for regulating the use of the right of freedom of access to information and circulation
Article (36) of the Regulation has confirmed that in addition to the provisions of Article (103) of the law is committed in his work the following press
4 – Access to information and facts from reliable sources.
5 – The transfer of information and facts to the public, citing the faithful, rapid delivery and not blocked.
6 – To refrain from distorting the correct information or transfer of unreliable information to their health.
7 – To refrain from the publication of documents and confidential information and disclose the secrets of security and defending the homeland, in accordance with the law. “
Thus, the right to obtain information on the bond by a more elaborate picture of the law by adding the material in paragraph (7) provision to refrain from the dissemination of documents and information containing the secrets of the security and defense of the homeland, carrying the meaning of this phrase is open to all possibilities and interpretations. That the term security secrets and homeland defense carry emotional and moral implications of uncontrolled legally can be used for criminal matters when you publish information it considers this side or that harm the homeland, had been in 2004 charged against some correspondents of news agencies and satellite channels for publishing news of a technical failure hit the plane he was traveling in one of the great military leaders in the Ministry of Defense. Could not the Ministry of Defense – the complainant – to explain what is the secret military and the news carried by a technical fault hit the military plane carrying military official.
Is Article (140) and Article (141) of the Regulations for the Law of the press more articles in Yemeni laws clearly restricting the free flow of information? Article (141) says, “Prohibits the printing, publication and circulation and radio affects the higher interests of the country of the documents and confidential information and proceedings undeclared highest state authority bodies or disclose the secrets of the security and defense of the homeland.
It is one of the things Posted in military and security sphere as follows:
1 – The quality and size of the military leadership of the various units and devices and information relating to individuals and leadership instincts and their numbers are theoretical and qualitative specialist.
2 – All regulations and documents related to plans and programs of preparation and political combat and the size and quality of rehabilitation facilities in the educational, military and security, as well as laws, regulations and orders and directives of the Organization of the functions of leadership and lives of the armed forces and security, as well as documents and meetings, seminars and official meetings of the General Command.
3 – The military budget and resources – Terms and methods of disbursement.
4 – Programs, plans and rehabilitation, organization and training of armed forces and security and arming and national defense strategy and all related transactions of private military armed forces and security.
5 – The activity and the movement of armed and security forces during the war, military operations or deployment would undermine the morale of members of armed and security forces, or by creating what would distinguish between ranks, and apply the ban on imported newspapers. “
The text of Article (141) “should be on every newspaper is covered by any of the issues of defense and security and coverage of events and activities the local military to have a military editor recognized.
Prohibited any journalist or reporter writing in the local media and foreign aspects of the local military unless the responsible official sources and vested formally within the limits allow it. And be bound by the journalist or reporter to reveal his sources if necessary. “
The provisions contained in Article (140) contains prohibitions which power has wide discretion in the interpretation. Authorities can give a definition of large areas through which information is published urgently supreme interests of the country, or that what was published in the secrets of the security and defense of the country, and so what has been published of the secrets of the security and defense of the country, and thus in the House of Commons and a lack of discipline in the text Diamond is the definition of what supreme interests of the country or of the secrets relating to security and defense will be the area of restriction is too large, this contradicts with the principle of full disclosure of information. In addition, it makes the block and concealment of information is the origin and dissemination of information to become an exception and is running on the press release.
Article (141) came to the principles inconsistent with international standards of freedom of circulation of information through the text to compel a newspaper to address the issues of defense and security and other military activities that have the editor of military recognized that the requirement of a military conflict with the editor of the right to freedom of information any person or entity without defining or limit this right in the views or individuals.
The second violation is the principle of protection of whistle-information, because the text needs the journalist or reporter to reveal the source of his information, this makes the person who revealed the information at risk. This text is inconsistent with international standards and contrary to the press law, which guarantees the right of the journalist not to disclose his sources of information.
In addition to the prohibitions contained in the articles above, Article (149) reported a number of prohibitions on publishing and the course of justice and influence. The Article provides that “prohibits the printing, publication and circulation and broadcasting of any cases involving construction and diamond misleading the course of justice, such as:
– Publication of judicial proceedings if a copy of that obstruction of justice and the impact on its operation.
– Publishing of criminal investigations in the following cases:
A – If the investigating authority has decided to conduct the investigation in the absence of liabilities, or had banned radio something to take into account public order or morality or to the emergence of the truth.
B – If a special investigation of a crime against State security of a third party.
C – If the investigation relates to claims under the pretext of Family Affairs and the border of legality. “
Thus, the Regulations has exceeded the prohibitions as stated in the press and publications law, citing the prohibitions inconsistent with the standards relating to freedom of circulation of information.
It may be noted that this method is in the legislative structure of Yemen. Where the Constitution provides for general principles to ensure basic human rights laws and then come to derogate from the rights and then you are negatively affected by additional regulations of the rights enshrined in the Constitution and laws, eventually the exercise of the executive included almost makes the derogation of the rights contained in the Constitution if they do not exist.
Fourth: Law No. (39) For the year 2006 on combating corruption
Anti-corruption law is one of the new laws issued in Yemen. Law came to confirm the commitment of the Republic of Yemen to the Convention against Corruption, ratified it. Law made by the group of members of the House of Representatives but was not discussed in the House of Representatives for a long time. The Yemeni government was forced to accept the draft law and to allow the parliamentary bloc of the ruling party to vote with him to make some adjustments with regard to the mechanism of the formation of the National Commission on the implementation of the law. The adoption of the majority parliamentary bloc of the General People’s Congress Party in the House of Representatives under great pressure exerted by donor countries to Yemen to pass a law against corruption. The Yemeni government did not find an option but to accept the pressure of donor countries.
The law is aimed – as stated in the articles – to “activate the principle of accountability and oversight role of the competent organs and make it easier for members of the community in the proceedings of access to information and access to the relevant authorities.” Thus, the law has recognized the right of access to information as the right of the most important requirements for combating corruption. However, Article (16) of the law forbade the publication of any information or statements during the inquiry or investigation of crimes of corruption and the law requires the deployment of anti-corruption all the information and data after the confirmation, of a judicial ruling is final.
Positive features in anti-corruption law that gave a large area for the community to participate in the fight against corruption through monitoring and reporting of crimes involving corruption, according to Article (24) that “everyone was aware of the crime of corruption reported to the Commission or the competent authority with the provide information in its possession to take around the study to ensure their validity and to take necessary legal measures and engage in its own body of investigation and verification of crimes of corruption published in various media “is committed to anti-corruption body to deal directly and investigate crimes that have been advertised in the media like the press and the Internet and others, but in the presence of penal laws to prevent publication of any information or data without the consent of those who have information or data, the press or the person who publishes any information which is punishable under other laws. Result is that the law does not provide protection for the person who disseminates information, and so inconsistent with the principles of freedom of access to information.
Article (34) required by law to investigate anti-corruption body when you know of a crime of corruption and states that “The Authority shall as soon as its flag on the incidence of crime and corruption, carry out investigation and collection of evidence on and in the way that access to records and documents related to crime as well as the place of science and request information appreciate any information or documents relating to them.” But the text did not provide any legal sanctions on any party to refrain from providing information or documentation.
Article (38) of the Anti-Corruption law “is a communications, information and communications related to crimes of corruption and of being in that examination or investigation of the secrets that must be maintained and must be on each of them the implementation of this law non-disclosure,” even though the text takes into account the importance of confidentiality of the investigation , but it lacks the transparency that should prevail in its body, as it goes against the principle of precedence in the disclosure.
Of the positive aspects contained in the anti-corruption law that gave the right of the right anti-corruption body in coordination with the Central Organization for Control and accountability in the collection of evidence and information relating to corruption. He also gave the right to refer any suspect to the public prosecutor’s application of the law. Article (42) states that “the body in coordination with the Central Control and Audit of gathering evidence and information relating to corruption and transfer of inductees to the public prosecutor to take legal action in accordance with the laws.”
Fifth: The Penal Code of Military
Law No. (21) For the year 1998 on Military Crimes and Penalties include provisions punishing any person who reveals the information the military equipment kept confidential, material (69) of the law punishable by expulsion or imprisonment of three years or sanction not specified in the case of a person to disclose information or provided explanations. The Article provides that “A penalty of expulsion or imprisonment for a term not exceeding three years or a sanction commensurate with the results of each crime a person who has committed the following crimes .. d – Ivdhaih information or clarification on the issues that should remain confidential in nature or under special instructions, his lack of discreet whether during or after leaving the service or separation from work. “
Law did not specify what kind of information, which must be kept secret or the nature of the explanations, and that prevention can be built on the instructions or because of the nature of the information. Legal text is contrary to international standards in the protection of whistle-blowers of information, in addition, the law punished by the penalties not specified. Devices that have the information that has broad powers to hide the information, this conflicts with the right of access to information as it runs counter to the principle of the right to request information without discrimination.
Sixth: Penal Code
Law No. (12) for the year 1994 on crimes and penalties include penalties of up to death for disclosing information. Journalists, photographers, reporters, among the most vulnerable to falling under this law and any person can be punished for disclosing information under this law.
Contained in Article (121) a set of provisions, one of the secrets of Defense is “1 – Defense Information, political, diplomatic, economic and industrial nature requires not only teach people so attached to them and must take into account the interests of the country to remain a secret except from those people.
2 – Letters and papers and documents, drawings and maps, designs, photos and other things that must be in the interest of defending the country not to know of only shall be entitled to save, or used, and which must be kept secret by outsiders for fear that lead to the disclosure of information referred to in the preceding paragraph.
3 – News and information on the armed forces and formations, movements, equipment and food supply and its members and generally all that is prejudice to the military affairs and strategic plans had not yet issued a written order from the authority authorized to do so in the armed forces published or broadcast.
4 – News and information on measures and actions taken to detect the crimes set forth in this section or to achieve or prosecution may, however, the court conducting the trial to authorize the broadcast of what you see.. “
Notes that the text contains a range of news and information, which has official organs estimate as confidential information. The monopoly power of these devices disclosed or disclosed at the discretion of the reasons, this provision is contrary to the principle of full disclosure of information, and also contrary to the principle of compulsory publication, and it also makes a wide range of exceptions and contrary to the principle of the limited scope of exceptions. Paragraph (2) and (3) of Article (126) imposes the death penalty both “broadcast news, data, or false or tendentious rumors, or deliberately to the publicity stunt and this would damage the whole war preparations to defend the country or military operations of the armed forces or triggering panic among the people or weaken the morale of the people. ” Or “disclosed the secrets of the defense of the country.” Under that law punished by the penalties are severe because of news or data devices have official estimate to be false or aim at the excitement, because of the public that the article could be liable for punishment of the accused in conflict with the right access to information. The sanctions against the principle of the right of access to information without distinction, as it gives the right to third parties information that is false or true, and that when the author of the publication through the mass media determined not being held accountable for, but at the same time have to withhold information and accuse published without reference to lying and excitement.
Articles (128), (189), (198) contains provisions similar to the sanctions and penalties contained in Article (126) and inconsistent with the principles relating to the right of access to information, as it gives the official agencies broad discretionary powers in dealing with the information, blocking and non-disclosure.
Article (128):
Punishable by death: —
1 – Anyone who tried to convince a foreign state or one of those who work for the benefit of, or with an espionage or with him and this would undermine the status of the Republic military, political or diplomatic or economic.
2 – All of the peace or a foreign country who work for the benefit of any form and by any means news or information or things or correspondence, documents, maps, drawings, pictures, or other things that have special interests, governmental or public bodies or institutions of public interest and order issued by the the competent authority Bhoudr published or broadcast.
3 – All of the peace or a foreign country who work for the benefit of or disclosed to or by any means the secrets of the defense of the country or find any way to receive the Sacrament of these secrets with a view to extradition, or disclosing to a foreign State or one of those who work to their advantage, as well as all damaged the interests of the state is nothing secret defense or make it invalid because the benefit to him.
Article (189):
Punishable by imprisonment for a term not exceeding one year or a fine of leading information regarding the investigation before the court or prosecution to be conducted in private.
Article (198):
Punishable by imprisonment for a term not exceeding one year or a fine not exceeding one thousand riyals: —
First: Each of the broadcast or publication, publicly and maliciously false news or papers, forged or fabricated or falsely attributed to others if it would disturb the public peace or undermine the public good, if a result on the radio or publishing to disturb public order or harm the public interest doubled the sentence.
Second: each of the broadcast or publish publicly what took place in private meetings of the boards of legislative, executive or judicial, courts, or published without the secretariat and the malicious intent of what happened at public meetings to them.
By reading the text can produce a set of conclusions
1 – severity of the punishment: it decides to capital punishment and this excessive punishment for an act the law deems a crime, this punishment did not appear Yemeni law in some types of rape cases.
2 – not to discipline the offender act on a specific meaning, through the use of the words “news, statements or rumors, false or tendentious rumors” The text did not specify the punishable act, but he cited the recipes and words of appreciation are not necessarily replace the agreement from one person to another, such as speech (false) (biased), (deliberately publicity stunt). These statements vague and unclear definition. For example: What is meant by propaganda? Excitement? And how to measure the excitement and kind?
3 – The text was not required when determining the sentence, and the consequent result of maturity and disciplined clear meaning and intent, but enough to be “significant” is not important in the text that (happens) or (possible) outcome, but the possibility that this access is sufficient for determining the sentence.
4 – The law gives the trial judge the power to sentence to death a journalist or a journalist, just because the news about his health has not been achieved, just to say that it was (like) the publication of this news to catch up or give rise to panic the people.
Yemeni court has trials on the basis of this text to a number of journalists were convicted under it.
Article (101) of the Penal Code gives the judge the right to the death complementary and supplementary punishment made by the law is (confiscation) or (police surveillance) or (denial of the exercise of rights). Have the judge – under the text – when they prevent the person be a journalist or working in the profession of journalism than a manager or publisher or editor of a newspaper, as well as to prevent him from practicing the profession, either permanently, without a time limit or prevent a specific one to three years.
Seventh: the financial disclosure law
Law No. “30” for the year 2006 on the financial disclosure for senior staff of the State, with the aim of law – as stated in Article (3) to “1 – protecting public funds.
2 – Strengthening confidence with the state and its employees and the dignity of public office.
3 – Anti-graft and the reduction of tampering with the values and ethics of public office.
4 – Strengthening supervision of both the function of general and subject to this law. “Is defined in Article (4) of the entities and persons subject to the provisions of the law, who must provide financial disclosure to possess, and begin the functions of the supreme authority of the President and to the Council of Ministers and advisers , presidency of the parliament, the Shura Council, and other departments and staff who may possess financial wealth by virtue of their work and function in public office. Although the objective of the Act is to achieve the principle of transparency, but the article (12) states that “limited the right of access to disclosure financial statements and clarifications, documents and procedures for study and examination of the body and the competent authorities to investigate “this conflicts with the right to access to information. the law does not give anyone the right to access to the property who need the law to disclose their wealth. contrary to the law with the principle of promoting open government.
Political and social situation of the means of exchanging information.
Experiencing the press and even electronic paper many of the conditions that contributed to the decline in the Yemeni arena. Partisan newspapers, especially the opposition and some civil and independent newspapers and some news sites suffer from lack of financial means. , Forcing it to stop its publication times. Or not distributed in some districts and villages, distribution is concentrated only in the cities, as well as sites stopped broadcasting in addition to the arbitrary authoritarian measures against newspapers and civil opposition. Brandishing the threat of elimination on the necks of journalists, ranging violations against journalists in Yemen between attack abduction, confinement, and trials and the closure of newspapers and withdrawn and the threat to withdraw the license, and Internet sites are blocked and penetration.
Partisan newspapers and eligibility does not have private printers, except a civil one newspaper published in, and printed in newspapers in the rest of the formal institutions as a revolution, or private printers.
The number of newspapers and magazines, party and civil and governmental, private and civil society organizations since 90 m (414) newspaper, magazine, 26 magazines and 14 newspapers, government, and 59 newspapers and 4 magazines partisan, and the number of newspapers and magazines with civil society organizations, the ministry said 51 newspapers and 24 magazines, newspapers and the number of civil Since the year and 90 till now (173) and 63 magazine. Has the ruling General People’s Congress, as Chairman of the Department of Culture and Information (16) newspaper in the governorates of the Republic.
Court was established for journalists and raised much debate about it.
There is currently no conditions and clear controls operate in the Ministry of Communications and Information Technology represented by YemenNet and must be followed for when the bidding and are as follows:
Be interested in hosting the portal in the Yemeni of the Internet, whether individuals or entities committed to public morality and not to publish any content on their sites Mtnavi with Islam’s precepts. Or promote non-project and contrary to the law of the Republic of Yemen.
The failure of the promotion which would affect the sovereignty and security.
That the applicant parties, trade licenses brand name to be registered by the name of the site to protect their intellectual property to the owners of sites from companies and government agencies.
For individuals simply make the identity card and the site is hosted on his own behalf.
Managing editor of the site of Marib Press Mohammed Al-Salhi, one of the most famous and sites say that the number of visitors to the site, which was founded in January 2006 .. Today over 35 thousand visitors and refuses to pass a law Salhi sites because it would limit press freedoms and contribute to the restricted and narrow the horizon, as well as how that does not mean that the law committed in other websites and the regional and global mean there is no Indmha, since the world has become one village, not feasibility of the existence of such laws.
Of the most important news sites (Sahwa Net Net site and reform of the Yemeni Grouping for Reform – Social Forums site of the Socialist Party – A site unitary organization of Nazareth – A site location of the nation’s right – al-Shoura Net site Union of Popular Forces – A site of the Conference of the ruling party)
From independent websites and read in Yemen (the location of change is the first independent news site, News Yemen, Marib Press, Event, today Mukalla, Hadramout Press, News Hadramaut – Mukalla Press – the news News)
There are websites for newspapers, especially the official of the ruling party sites or civil society organizations tracking the location of Women Journalists Without restrictions or Media Women Forum and the Yemeni Journalists Syndicate and other
Most sites in Yemen are being withheld from time to time. There are many sites transmitted and managed from abroad, some of them are being blocked in Yemen.
Radio and TV
Radio and television in Yemen, owned by the state and there is no media for political parties or members of the qualities that only two channels from abroad are happy channel (independent) and Channel Suhail (independent).
Satellite and terrestrial
The number of channels, four formal and informal channels (Yemen – Imanip – Saba – Faith)
According to the National Information Center, the first television broadcast was in the former South Yemen in September of 64 m. This is station created by the British during their occupation of Aden, was broadcast only confined to Aden and some adjacent areas and moved to the broadcast of color in the March 8, 1981 and was sent extend to eight hours a day and runs transmission to some of the territory of the Republic and the increase of air time on holidays and public holidays. The northern Yemen, has been known television broadcasting in 1975 when the station opened in Sanaa September 24, 1975, after the declaration of unity 90 AD Sanaa channel station announced the first station a second channel of Aden, according to website of the Ministry of Information and began satellite broadcasting television programs in the Republic of Yemen December 20, 1995.
Yemeni radio
12 the number of radio stations broadcasting at the national level both General and the second of two radio and two central processing units. Simulates the rest of the community radio stations in each province and discuss their concerns, there are no independent radio or political parties.
Says Mr. Salem bin Taleb, Executive Director of the Organization of Parliamentarians Against Corruption (Yemen Pak)
He believes in the organization the right of people to obtain information and to issues of corruption up to the House of Representatives and there is a problem in obtaining information about those issues and when we ask data from the government is mixed in a corruption case came to us inaccurate data and real data leaked to us and then we saw that if I found the data from the source will facilitate many of the control, so our progress made by the council, in Edona Ashal on this project, and organized a number of events to discuss the project and the amendment thereto, in conjunction with the Culture and Information Committee and the House of Representatives as well as a number of events with international and local organizations including the Organization of Article (19 ), if a law of the right to access to information important for citizens and journalists the first place.
Source *
Interview Yemen Pak 5/7/2009
Abdul-Bari Taher, a former captain of journalists that the law right of access to information is different from the press law, journalists who have long been demanding a law to the right of access to information and the right flow of the Universal Declaration ratified by our focus on this issue because the most important and basic right of the press is to obtain information and can not talk about freedom of the press or press without the information they are based on information, the project submitted by MP Ali Ashal to Parliament by all standards is a democratic and in line with the Constitution and international laws and has received the endorsement of lawyers, journalists and researchers, while the project provided by the Government, which is made by the all accounts the project (for the withholding of information) and the government was tightening its restrictions on journalists by issuing penal laws, but the exercise was in fact even worse than the press law.
* Source: interview on 7 – July -2009 m
Secretary General of the Yemeni Journalists Syndicate Marwan Damaj said that the draft law right of access to information project that meets the aspirations of the journalists, so that they can also get instant information they need and sources and the force of law and they will work in the union for approval
Recommendations
1 – Review and amend all laws and procedures that impede access to information, to correspond
With the international covenants on human rights signed and ratified by the Yemeni government under Article (6) of the Constitution.
2 – re-drafting the law on freedom of circulation of information and reflects international standards in democratic societies.
3 – the revision of the legislative framework governing the freedom of opinion and expression, freedom of the press in general and in particular, the introduction of legislative amendments to articles that punish journalists with imprisonment in all laws related to expression, publishing and printing, distributed in several laws, including the Law on Press and Publications Law and the Code and other laws mentioned in this report.
