The Equal Rights Trust is an independent interna- tional organisation whose purpose is to combat dis- crimination and promote equality as a fundamental human right and a basic principle of social justice. We pursue and promote the right to equality as a right to participate in all areas of life on an equal basis, which requires taking a holistic, comprehensive approach Equal Rights Trust to different inequalities. On 25 February 2015, the President of Yemen, Abd Rabbu Mansour Hadi, fled the capital Sana’a, following months of mounting tensions between his- government and the rebel Ansar Allah movement, which had culminated in the takeover of the capital. Ansar Allah’s takeover of Sana’a marked the es calation of a bitter and bloody conflict which continues today, engendering a humanitarian and human rights crisis. Since the outbreak of the conflict, the international community’s attention has largely been focussed on this humanitarian crisis and, to a lesser extent, on violations of international humanitarian law and human rights law being committed by all parties to the conflict. Less attention has been paid to the - ▪ pre-existing circumstances in the country, and the way in which the conflict Series: Yemen Report Country has exacerbated the patterns of inequality, disadvantage and discrimina tion faced by certain groups in Yemen. From Night to - This report – conceived before the outbreak of the conflict but completed Darker Night in its shadow – examines these patterns of discrimination and disadvan tage. It finds that, while the conflict has ravaged the country, affecting the entire population, the effect has not been uniform. Rather, the conflict has- Addressing Discrimination had a particular impact on groups historically subjected to discrimination and marginalisation – including women and girls, the Muhamasheen com- and Inequality in Yemen munity, and religious minorities – who have become more vulnerable to pre-existing types of discrimination and have faced new forms of discrimi- natory treatment and exclusion. The conflict has also created a new group vulnerable to discrimination – internally displaced persons – who experi ence severe deprivation and dislocation. - Thus, the conflict which continues to rage in Yemen has, in the words of Yem- eni poet Abdullah Al-Baradouni, plunged Yemen’s marginalised groups from “night to darker night”. As such, this report’s first and primary recommenda tion is that the parties to the conflict cease hostilities. The report then makes recommendations for immediate implementation, for a future transitional process, and for implementation after the conflict has concluded, all with the aim of increasing enjoyment of the rights to equality and non-discrimination, and so improving the lives of the country’s most marginalised. This publication was produced with the financial support of the European Union. Equal Rights Trust Its contents are the sole responsibility of the Equal Rights Trust and do not necessarily reflect the views of the European Union. EQUAL RIGHTS TRUST From Night to Darker Night Addressing Discrimination and Inequality in Yemen The Equal Rights Trust Country Report Series: 9 London, June 2018 The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © June 2018 Equal Rights Trust © Cover Design: Istvan Fenyvesi © Cover Photos (from top to bottom): Mathieu Génon, via justdia.org; Noor Al Hassan, via Al Jazeera English; Rod Waddington, via Flickr; Tyabji, via Wikimedia Commons. Cover Design/Layout: Istvan Fenyvesi Printed in the UK by Stroma Ltd ISBN: 978-1-9996789-0-6 All rights reserved. No part of this publication may be translated, reproduced, stored in a retrieval system or transmitted in any form or by other means without the prior written permission of the publisher, or a licence for restricted copying from the Copyright Licensing Agency Ltd., UK, or the Copyright Clearance Centre, USA. Equal Rights Trust 314-320 Gray’s Inn Road London WC1X 8DP United Kingdom Tel. +44 (0) 207 610 2786 Fax: +44 (0) 207 833 0277 www.equalrightstrust.org The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. Its contents are the sole responsibility of the Equal Rights Trust and do not This publication was produced with the financial support of the European Union. necessarily reflect the views of the European Union. My country is handed over from one tyrant to the next, a worse tyrant; from one prison to another, from one exile to another. It is colonised by the observed invader and the hidden one; handed over by one beast to two like an emaciated camel. In the caverns of its death my country neither dies nor recovers. It digs in the muted graves looking for its pure origins for its springtime promise that slept behind its eyes for the dream that will come for the phantom that hid. It moves from one overwhelming night to a darker night. My country grieves in its own boundaries and in other people's land and even on its own soil suffers the alienation of exile. “From Exile to Exile” by Yemeni poet Abdullah Al-Baradouni (1929–1999) “The crowd was shouting: "Heroes! We are with you in the line of fire against the evil rulers!" We were treated roughly by the security forces, and we chant- ed: "If, one day, a people desires to live, then destiny will answer their call," and "The night must come to an end". Tawakkol Karman, Yemeni human rights activist and Nobel Prize Laureate, describing the 2011 Yemen revolution TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS EXECUTIVE SUMMARY INTRODUCTION ........................................................ 1 Purpose and Structure of this Report ................................. 2 Conceptual Framework .............................................. 3 Research Methodology ............................................. 11 Scope and Limitations of this Report ............................... 14 1. SOCIAL AND POLITICAL CONTEXT .................................17 1.1 Country Context ................................................ 17 1.2 History, Government and Politics ............................... 21 1.2.1 History up to 2000 ........................................ 21 1.2.2 Recent History ............................................ 32 2. LEGAL AND POLICY FRAMEWORK ................................ 47 2.1 Legal Framework Related to Equality and Non-Discrimination ... 48 2.1.1 International Law ......................................... 48 2.1.1.1 Major United Nations Treaties Relevant to Equality .. 48 2.1.1.2 Other Treaties Related to Equality .................. 51 2.1.1.3 Regional Instruments .............................. 53 2.1.1.4 Customary International Law ...................... 54 2.1.1.5 Status of International Obligations in Yemeni National Law ....................................... 55 2.1.1.6 Applicable Legal Framework during Armed .............................. 56 2.1.2 The NationalConflict: Legal An FrameworkOverview on Equality and Non-Discrimination ....................................... 61 2.1.2.1 The Constitution ................................... 63 Discrimination ..................................... 71 2.1.2.2 Specific Legislation on Equality and Anti- 2.1.2.3 Non-Discrimination Provisions in Other Pieces of Legislation ............................... 73 2.1.2.4 National Policies affecting the Right to Equality and Non-Discrimination ........................... 84 2.2 Overview of the Yemeni Justice System .......................... 92 2.2.1 Formal Judicial System. 92 2.2.2 Informal Tribal Arbitration System ......................... 98 the Justice System ........................................ 103 2.2.3 Impact of the Conflict on the Operation and Use of 2.3 Conclusion .................................................... 106 3. PATTERNS OF DISCRIMINATION AND INEQUALITY ..............108 3.1 Discrimination on the Basis of Political Opinion ................ 108 3.2 Discrimination on the Basis of Religion or Belief ................ 141 3.3 Discrimination on the Basis of Gender ......................... 156 3.4 Discrimination on the Basis of Ethnicity and Descent ........... 195 3.5 Discrimination on the Basis of Disability . 217 3.6 Discrimination on the Basis of Health Status .................... 235 3.7 Discrimination on the Basis of Sexual Orientation ............... 241 3.8 Discrimination against Non-Nationals .......................... 246 3.9 Discrimination and Inequality affecting Internally Displaced Persons ............................................. 262 3.10 Conclusion ................................................... 272 4. RECOMMENDATIONS ............................................278 Bibliography .......................................................... 289 ACKNOWLEDGMENTS This report is published by the Equal Rights Trust. The report is published in both an English-language version and an Arabic-language version. The con- ceptual framework, structure and research methodology were developed by the Equal Rights Trust as part of its Country Report Series on addressing dis- crimination and inequality in different countries around the world, in close collaboration with its local partner in Yemen, which cannot be named for se- curity reasons. The coordinator of the project which led to this publication was Camilla Alonzo, - duction of this report. The research