UN treaty body reviews of Yemen

Human Rights Committee - 2012

Examination of YEMEN, 14 and 15 March 2012, HRC 104th session:

In the Concluding Observations, the Human Rights Committee raised the following concern on the situation of the Al-Akhdam:

12. The Committee is concerned about reports of long-standing discrimination and marginalization of some minority groups such as the Al Akhdam community, 80% of which is illiterate and which suffers from extreme poverty, and has inadequate access to health care, water and other basic services. The Committee is particularly concerned that in the context of the 2011 unrest, the Al Akhdam community has suffered from acts of aggression and intimidation, which have allegedly not led to any investigation and prosecution so far (arts. 2, 7 and 26).

The State party should ensure that all members of ethnic, religious and linguistic minorities enjoy effective protection from discrimination and are able to enjoy their own culture and equally to access education, health and public services. Victims of discrimination should be provided with effective remedies, including compensation.

Committee on Economic, Social and Cultural Rights - 2011

Yemen was examined by the UN Committee on Economic, Social and Cultural Rights (CESCR) at its 46th session on 9-10 May 2011. An alternative report on the human rights situation of the Al-Akhdam population in Yemen was submitted to the Committee by the All Youth Network for Social Development in association with IDSN.

Abstract from the Concluding Observations:

7. The Committee is deeply concerned about the widespread manifestations of discrimination in Yemen against disadvantaged and marginalized individuals and groups, in particular women, which often bear a structural character.

The Committee recommends that the State party adopt a comprehensive anti-discrimination law, addressing all disadvantaged and marginalized sectors of the society. The Committee invites the State party to draw guidance in these endeavors from its General Comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

8. The Committee is concerned that the Al-Akhdam people continue to face social and economic marginalization and discrimination, especially concerning access to employment, conditions of work, extensive level of child labour, extremely high levels of school drop-out, lack of adequate housing, water and sanitation, as well as electricity, (art.2).

The Committee calls on the State party to combat the social discrimination and marginalization faced by the Al-Akhdam people, including through temporary special measures, in line with the Committee’s General Comment No.20 on Non-Discrimination in Economic, Social and Cultural Rights, and to adopt a national action plan for this purpose, elaborated with the participation of Al-Akhdam people and equipped with an effective, participatory and transparent monitoring and implementation mechanism. The Committee also recommends that the planned measures focus on access to employment, adequate conditions of work, enrolment of children in education and prevention of school drop-outs, access to medical care, and reduction of child mortality, as well as access to adequate housing, water, sanitation and electricity.

Committee on the Elimination of Racial Discrimination - 2011

Examination of YEMEN, 25 and 28 February 2011, CERD 78th session:

Abstract from Concluding Observations

15. While noting the State party’s efforts to introduce safety net programmes aimed at improving the livelihoods of marginalized groups, the Committee is concerned at the persistent and continued social-economic exclusion of descent-based communities such as the Al-Akhdam, some of whom are understood to be of African descent. The Committee also expresses its concern at the failure by the State party to acknowledge that the Al-Akhdam have different ethnic characteristics (articles 2(2) and 5).

Bearing in mind its General Recommendation No. 29 (2002) on Descent, the Committee recommends that the State party should study the root causes of the marginalization of the Al-Akhdam people. The Committee further recommends that the State party should strengthen its efforts to improve the welfare of all marginalized and vulnerable descent-based groups, particularly the Al-Akhdam, in the fields of education, access to health, housing, social security services and property ownership.

The Committee recommended the State party to submit its 19th and 20th periodic reports in a single document, due on 17 November 2013 (...) and that it address all points raised in the present concluding observations.

Committee on the Elimination of Racial Discrimination - 2006

Examination of YEMEN, 31 July - 18 August 2006, CERD 69th session:

Link to CERD Concluding Observations - Yemen 2006

Abstract from Concluding Observations:

8.The Committee takes note of the discrepancy between the assessment of the State party, according to which Yemeni society is ethnically homogenous, and credible information the Committee has received regarding descent-based and/or culturally distinguishable groups including the Al-Akhdam.In light of its general recommendation 4 (1973) as well as of paragraph 8 of its reporting guidelines, the Committee reiterates its recommendation to the State party that information on the ethnic composition of the population be provided in its next periodic report. It also recalls its general recommendation 8, which states that identification of ethnic or racial groups shall, if no justification exists to the contrary, be based upon self-identification by the individual concerned, and draws the attention of the State party to general recommendation 29 (2002) on article 1 (1) of the Convention, regarding descent.

9. The Committee remains concerned at the absence of a definition of racial discrimination in domestic legislation (art. 1).The Committee recommends to the State party that it incorporate in its domestic law a definition of racial discrimination that includes all elements set forth in article 1 of the Convention, which defines racial discrimination as discrimination on the grounds of race, colour, descent or national or ethnic origin.

11. The Committee reiterates its concern about the absence of comprehensive legislation to prevent and prohibit racial discrimination on the grounds of race, colour, descent or national or ethnic origin (art. 2).The Committee urges that the State party take all necessary and appropriate measures to extend full protection from racial discrimination to all persons, irrespective of their race, colour, descent or national or ethnic origin. In this regard, the Committee recommends that the State party strengthen its domestic legislation and put in place a comprehensive anti-discrimination legal regime according to the requirements of article 2 of the Convention.

15. The Committee is deeply concerned at the persistent reports of de facto discrimination against descent-based, culturally distinct communities, among others, the Al-Akhdam. The Committee is particularly concerned about discrimination that interferes with or impairs the enjoyment of their economic, social and cultural rights (arts. 2 (2) and 5).In light of its general recommendation 29, the Committee recommends that the State party develop and put into action a national strategy with the participation of members of affected communities, including special measures to be adopted in accordance with article 2 (2) of the Convention, in order to eliminate discrimination against members of marginalized and vulnerable descent-based groups. In particular, the Committee recommends that the State party develop legislation and practice prohibiting all discriminatory practices based on descent in employment, housing and so as to ensure equal access to health care and social security services for members of affected communities, in particular the Al-Akhdam.

Committee on the Rights of the Child - 2005

> Link to CRC Concluding Observations - Yemen 2005

Abstract from Concluding Observations

27. The Committee urges the State party to undertake effective measures, such as awareness-raising campaigns and educational programmes, to combat de facto discrimination, in particular against marginalized and vulnerable groups in society commonly referred to as Akhdam, Ahjur or Zubud.

32. The Committee is deeply concerned at the persistence of discriminatory social attitudes against girls. Furthermore, the Committee is concerned at the disparities in the enjoyment of rights and at the social discrimination experienced by children belonging to the most vulnerable groups, inter alia, children who are also addressed as Akhdam children, children born out of wedlock, children with disabilities, street children and children living in rural areas.

33. The Committee recommends that the State party:

a) Strengthen its efforts to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, particularly with regard to girl children, in accordance with article 2;

b) Prioritize and target social services for children belonging to the most vulnerable groups, including those children referred as Akhdam children, children with disabilities, street children and children living in rural areas; (...)

The Committee invites the State party to submit its fourth periodic report by 30 May 2008, which should not exceed 120 pages (see CRC/C/148).