Child Rights Situation Analysis

CHILD RIGHTS SITUATION ANALYSIS YEMEN | 2012 Cover Photo: Two girls and a boy stand outside the tent where they live outside the IDPs camps in Harrad, There are almost 500,000 displaced person in Yemen. Cover Photo Saleh Awadh Design by Saleh Awadh CHILD RIGHTS SITUATION ANALYSIS YEMEN | 2012 TABLE OF CONTENTS LIST OF ACRONYMS xi 1 CONTEXTUAL ANALYSIS 1 1.1 Demographic Overview 1 1.2 Political Developments and Human Rights Records 2 1.3 Economic Developments 2 1.4 Human Development and Poverty 4 1.5 Political Insecurity 5 1.5.1 Conflicts and Displacement 5 1.5.2 Refugees 5 1.6 Society and Culture with Regards to Children 7 1.6.1 Respect for the Views of the Child 7 1.6.2 Societal Perceptions of Boys and Girls 7 1.6.3 Discrimination 8 2 STATUS OF THE RIGHTS OF THE CHILD 11 2.1 Regional and International Human Rights Instruments 11 2.2 National Framework 11 2.2.1 National Legislation 11 2.2.2 Social Spending and Resources Dedicated to Children 12 2.2.3 Monitoring of Child Rights 14 2.3 Right to Health 15 2.3.1 National Legislation, Policies, and Indictors 15 2.3.2 Right to Health of Vulnerable Children 16 2.3.3 Other Health Priorities 16 2.4 Right to Survival, and Development 18 2.4.1 National Legislation, Policies, and Indictors 18 2.4.2 Malnutrition 19 2.4.3 Immunisation 19 2.4.4 Water and sanitation 20 2.5 Right to Education 21 2.5.1 National Legislation, Policies, and Spending 21 2.5.2 Education Indicators and Gaps 22 2.5.3 Access to Education for Vulnerable Groups of children 23 2.5.4 Pre-Education 25 2.6 Right to Protection 26 2.6.1 National Legislation, Policies, and Indictors 26 2.6.2 Female Genital Mutilation 27 2.6.3 Early Marriage 28 2.6.4 Honour Killing 29 2.6.5 Corporal Punishment 29 2.6.6 Sexual Abuse, Violence, and Exploitation 31 2.6.7 Child Labour and Economic Exploitation 32 2.6.8 The Case of Child Trafficking 34 2.6.9 Children in Conflict with the Law 35 2.7 Child Rights in Situations of Emergencies 38 2.7.1 Children in official and unofficial armed forces 39 2.7.2 Right to Education 39 2.7.3 Right to Health 40 2.7.4 Right to Protection from Violence 40 2.7.5 Humanitarian Access 41 3 STAKEHOLDER ANALYSIS 43 3.1 Child Groups 43 3.2 Government Structures 43 3.2.1 Government bodies working or impacting upon child rights 44 3.2.2 Legislative Bodies 45 3.3 Civil Society organisations 46 3.3.1 Regulatory Environment 46 3.3.2 CSOs Working on Child Rights 46 3.4 International Community 47 3.4.1 Donors 47 3.4.2 United Nations Agencies 47 3.4.3 International NGOs 49 3.5 Other Stakeholders at the national level 49 4 CONCLUDING REMARKS AND RECOMMENDATIONS 51 4.1 General Remarks 51 4.2 Thematic Recommendations 52 4.2.1 Right to Participation 52 4.2.2 Right to Health, Survival and Development 53 4.2.3 Right to Education 55 4.2.4 Right to Protection 56 4.2.5 Cross Cutting Recommendations 57 vi CHILD RIGHTS SITUATION ANALYSIS YEMEN | 2012 COUNTRY CONTEXT discouraging and Yemen is off track with respect to meeting the Millennium Development Goals (MDGs) Since Yemen’s ratification of the United Nations by 2015, including those related to poverty and child Convention on the Rights of the Child (Convention) malnutrition and girl’s education. in February 1990, significant progress has been made in promoting, protecting, and fulfilling child rights. The country has been badly hit by a series of economic Legislative progress has been achieved, most significantly and political crisis that have adversely impacted upon with the adoption of the Child Rights Act No. 45 of child rights and have heightened protection risks of 2002, the first comprehensive legislative framework children. Modest poverty reduction gains made during concerning the rights of the child in Yemen. Yemen the period 1998 to 2006 were reversed by the 2007- has also acceded to the two Optional Protocols to 2008 global food and financial crisis, which pushed the Convention on the Sale of Children, Child households into deeper poverty and food insecurity. Prostitution and Child Pornography (OPSC) and on the The civil strife of 2011, inspired by Tunisia and Egypt, Involvement of Children in Armed Conflicts (OPAC). and marked by protests against the decades-long rule of President Ali Abdullah Saleh, exacerbated pre-existing Existing national legislation however still does not fully political tensions, heightening levels of insecurity and reflect the principles and provisions of the Convention, violence across an already impoverished country. in particular the principles of non-discrimination (Article 2), the best interests of the child (Article The political strife of 2011 was marked by repeated 3), inherent right to life (Article 6), and respect for violations of international standards by Yemeni security the views of the child (Article 12). Incompatibilities forces, which used deadly force in responding to largely between existing national legislation and Convention peaceful protests. Despite the political agreement backed exist moreover with respect to the legal definition of by the Unite Nations (UN) and sponsored by the Gulf the child, (minimum age for criminal responsibility, Cooperation Council (GCC) in November 2011, the minimum age to enter the armed forces, and minimum political situation remains volatile, and the number of age for marriage), family law, and the administration of internally displaced persons (IDPs) has continued to juvenile justice. The Higher Council for Motherhood steadily increase. and Childhood (HCMC), based on a legislative review, has proposed amendments to 11 out of 14 laws with Six consecutive wars in the north between the articles relating to children, including the Child Rights government the Al Houthi movement have led to Act, Juvenile Justice Act Number 24 of 1992, the Penal massive displacements of people, of whom 70 per cent Code Number 12 of 1994, and Personal Status Law are estimated to be women and children. Despite the Number 20 of 1992. The proposed amendments were ceasefire announced in February 2010 the situation in submitted to the House of Representatives in 2007 and the north remains volatile with sporadic fighting. In still await their approval. The process of harmonisation the south of the country, especially in Abyan, fierce of national legislation in line with the Convention is yet fighting between security forces and Islamic insurgents to be completed, hindering the effective implementation since June 2011 has caused new displacements. The total of provisions of the Convention and its two Optional number of IDPs countrywide is now estimated to be Protocols. 470,000, out of which 157,000 have been displaced due to conflicts in the south, and 313,000 due to ongoing Over the past two decades, Yemen, one of the poorest insecurity in the north. In spite of the deteriorating countries in the Middle East and North Africa (MENA) political and security situation, a growing number of region with a per capita income of only US$1,170, refugees, asylum seekers, and migrants are making the has strived to promote, protect, and fulfil children’s perilous journey to Yemen. In 2011 alone, the country right to education, health, survival and development, recorded 103,000 people arriving from the Horn of and protection. Despite commendable efforts to Africa, a 100 per cent increase from 2010 when 53,000 expand health and education services in particular, people made the same journey. social and human development indicators remain CHILD RIGHTS SITUATION ANALYSIS YEMEN | 2012 vii CHILD PARTICIpaTION AND Non- RIGHT TO HEALTH DISCRIMINATION The right to health care is enshrined in the Yemeni Despite increased attention placed by duty bearers Constitution, and the government has developed and innovative child participation mechanisms such an array of strategies to improve the right to health, as Children’s Parliament, child participation is still including National Health Strategy 2010-2025, the not sufficiently encouraged at the family, school, Reproductive Health Strategy 2011-2015, the National community, and national levels. Children’s right to self- Neonatal Strategy 2011-2015, and the National expression is guaranteed by the Child Rights Acts which Strategic Framework for the Control and Prevention states that every child “shall have the right to express his of HIV/AIDs. Considerable effort has been expended or her views freely” and that these views “shall be given to expand health services: between 2000 and 2005, the due weight in accordance with the age and maturity number of hospitals increased by 47 per cent, from 121 of the child”. However, traditional attitudes towards to 178, while the number of health centres rose by 30 children in local communities in Yemen limit the respect per cent, from 688 to 895, and the number of mothers for their views, especially within the family and schools. and children’s centres by 90 per cent from 241 to 460. According to local civil society organisations (CSOs), This expansion however has not been sufficient to meet children are perceived to be “minors in knowledge, the health needs of a rapidly growing population: to awareness, and decision making...Children are expected give one example, there are only 3 doctors available per to obey orders and no attention is paid to their 10,000 people. opinions”. In its 2005 Concluding Observations, the Committee Article 24 of the Yemeni Constitution prohibits on the Rights of the Child urged the country to allocate discrimination: “the state shall guarantee equal appropriate financial and human resources to the area opportunities for all citizens in the fields of political, of health, with special attention to hiring female health economic, social and cultural activities and shall enact workers and developing comprehensive policies and the necessary laws for the realisation thereof”.

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