Difference and coexistence in Yemeni society
Written by: Mohammed Faisal Al-Sharaqi
Introduction
Freedom of belief is one of the most basic human rights. It gives the individual the freedom to choose what he wants to believe in, and allows him to practice his religion or beliefs freely without interference from any external party. This freedom is essential for peaceful coexistence between human beings, as every person can follow his religion or beliefs without being subjected to harassment or discrimination. Freedom of belief is defined as a fundamental human right recognized by many international constitutions and charters, and it states that freedom of belief means[1]: "The right of every person to choose what he believes or does not believe in, and to practice this belief without being coerced or threatened with punishment."
Freedom of belief also involves the right to change one's beliefs and convert to a different religion or concept. It should be noted that significant constraints on freedom of belief exist, particularly when it comes to exercising religious beliefs that may contradict with state legislation or pose a threat to public security. This means that freedom of belief faces significant obstacles in various countries and cultures, where people may be pressured by governments, institutions, or individuals to change their beliefs or adopt new beliefs. This is incompatible with the individual's right to think and believe freely, as well as to make proper judgments for himself. As a result, governments and organizations must protect freedom of belief and provide an environment in which individuals can freely exercise their beliefs without fear of harassment or intimidation.
This report aims to shed light on freedom of belief in the Republic of Yemen with regard to the international, regional, and national laws, and to clarify the extent of the Republic of Yemen's commitment to those laws and the developments that have taken place with regard to the right to believe in the Republic of Yemen.
First: The Legal Framework for Freedom of Belief:
Freedom of belief is a fundamental human right, and is protected by laws and international treaties. Below is an overview of the articles that relate to freedom of belief in the International, Regional and National Charters:
The right to believe is protected in many international charters and international laws, and here we will address some articles related to the human right to believe in religion and religious beliefs in the International Charter. The Republic of Yemen ratified the International and Regional Charter as an entity of the international community on February 9, 1986, [2]the two Covenants on Civil and Political Rights and on Social and Economic Rights on February 29[3], 1987, and the Convention on the Rights of the Child on November 20, 1998.[4]
Article 18 of the Universal Declaration of Human Rights states that "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."[5]
The International Covenant on Civil and Political Rights is an important source in the issue of the right to believe, as it states that[6]:
It is clear from the above that the first paragraph guaranteed a person’s right to embrace any religion, and the second paragraph guaranteed a person’s protection from any coercion to change his belief or religion, while the third paragraph restricted a person’s freedom to believe in accordance with the law and without violation to public morals.
The International Covenant on Economic, Social, and Cultural Rights does not specifically address freedom of belief in its articles because it falls outside of its domain, but it does discuss what is referred to as freedom of belief. It states that moral and religious education for children must correspond to the preferences of parents and guardians.[7]
International humanitarian law affirms the right of persons detained in wars and armed conflicts to exercise their religious freedom and to perform their religious rituals without being subjected to torture or cruel, inhuman or degrading treatment.[8]
This decision affirms that the right to believe must be enjoyed by every human being without discrimination or prejudice, and stresses the need to protect freedom of expression and expression of religion without being subject to discrimination.[10]
This resolution states that individuals' right to freedom of belief and religion is a fundamental right that cannot be violated, and it calls for ensuring the protection of human rights and fundamental freedoms in the context of combating terrorism, without prejudice to those rights and freedoms.[11]
This resolution calls for the promotion of dialogue and understanding among different cultures and religions, the promotion of mutual respect and tolerance and the fight against discrimination and racism on the basis of religion or belief.[12]
This Convention recognizes the right of individuals to freedom of belief and religion, grants the right to the public or private expression of religion or belief and to exercise this freedom without unlawful restrictions, and guarantees protection against discrimination based on religion or belief.[13]
The preceding articles differ in their formulation and what they address in their texts, but they all agree that man has the right to believe in the religion or religious or philosophical beliefs of his choice, and the freedom to express these beliefs in education, practice and worship individually or collectively. These articles also prohibit discrimination between persons on the basis of religion or religious beliefs and require respect for the freedom of individuals to choose and express their religion or religious beliefs without legal restrictions. These articles also refer to the need to promote cultural, religious and linguistic diversity and develop intercultural dialogue.
Several agreements and treaties have appeared in the Regional Charter that protect the right to freedom of belief, the most important of which are:
The declaration derives its references from Islamic legitimacy, and therefore it did not single out an explicit article for the right to believe, but rather stipulated that "Islam is the religion of nature, and it is not permissible to exercise any coercion on man or to exploit poverty or ignorance to change religion to another religion or to atheism."[14]
It is clear from the above that the first paragraph guaranteed the right to embrace any religion, thought and belief, while the second paragraph refers to the right of a person to manifest his belief and practice rituals within the limits of the law and public morals. All these agreements emphasize the right of individuals to freedom of belief and expression, freedom of thought and conscience, and freedom of choice in religious and intellectual affiliation, and stress the need to protect these rights and provide the necessary protection for them.
As for the national law represented by national constitutions and laws regarding the right to believe, it was as follows:
The Yemeni constitutions, starting with the 1991 Constitution, the 1994 Constitution and the 2001 amendments, did not explicitly include the right to believe. Rather, the constitutions stipulated that Islam is the[18] religion of the state. They also stipulated that every citizen has the right to contribute to political, economic, social and cultural life. The state guarantees freedom of thought and expression of opinion by word, writing and photography within the limits of the law[19], and that all citizens are equal in public rights and duties.[20] Nothing was stipulated that fundamentally affects the freedom of belief, because the Republic of Yemen is an Islamic state. As the constitutions stipulate, Islamic law is the basis for all legislation, and there is no such thing as the right to believe.
However, the 2015 draft constitution addressed freedom of belief in its texts. Amendments were made to the wording of its articles, including that “citizens are equal in rights, freedoms, and public duties without discrimination based on gender, color, race, origin, religion, sect, belief, opinion, or economic or social status, or disability, political or geographical affiliation, occupation, birth or any other considerations.”[21]
The draft constitution also stated that:[22]
2-The practice of religious rites is a right guaranteed to everyone.
It is clear from the above that the first paragraph guaranteed the right to freedom of belief in a way that does not violate the Constitution, and the second paragraph guaranteed the right to practice religious rituals for every person.
The outputs of the National Dialogue also addressed freedom of belief in the following texts:[23]
The outcomes of the National Dialogue worked to protect freedom of thought and belief. Therefore, it is prohibited to infringe on freedom of thought and belief by any party, and whoever commits this act is punished in accordance with the law.[24]
The right to believe did get enought attention in the Yemeni constitutions of 1991 and 1994 and the amendments of 2001. This is because, as we mentioned earlier, the Republic of Yemen is an Islamic state that derives its legitimacy from Islamic law as the main source and then from international laws. However, the 2015 draft constitution and the outputs of the national dialogue dealt with freedom of belief in its texts without stipulating the freedom to change the Islamic religion to others. The draft constitution and the outputs of the National Dialogue were drafted without neglecting the right of religious minorities, as Hindus, Ismailis, Baha'is, Christians and Jews constitute less than 1% of the population, 99.4% of whom are considered Muslims between the Shafi 'i school and the Zaidi school.[25]
Although the national law is characterized by coexistence with general secular international law in terms of their focus on basic principles such as equality and justice, and civil law is considered a model of mixed law - combining the principles and rules of civil law with other regulations and laws - but it does not address a single law that guarantees freedom of belief, as it derives its legitimacy from the Constitution, which derives its legitimacy mainly from Islamic law, especially with regard to religion and belief.
Many laws affect the matter of belief and are compatible with the nature of the Republic of Yemen, such as the law of rejecting Islam and changing from Islam to another religion, which is known as "apostasy" and is punishable by death. The person who does so is given three opportunities and thirty days to return and repent, otherwise the punishment will be imposed. Blasphemy, or religious derision, is punishable by up to three years in prison and a punishment, with a maximum penalty of five years in prison and an undefined fine if the Islamic religion is the subject of the blasphemy. Anyone who knowingly misrepresents the Holy Quran with the intention of causing harm to the faith faces a five-year prison sentence or a fine under the Penal Code. The law prevents Muslim women from marrying a man who does not practice Islam, while the law prohibits a man from marrying a woman who is a pagan, meaning she does not follow one of the Abrahamic religions "Islam _Judaudism_ Christianity".[26]
Second: Changes in the successive Yemeni governments' policies concerning religious freedom between 1990 and 2023:
As we mentioned earlier, the percentage of non-Muslims in Yemen does not exceed 1% of the population,[27] so they are considered a minority and minorities do not enjoy laws and legislation that protect them significantly in Yemeni society, which is dominated by homogeneity and is not accustomed to differences in religion and belief. By reviewing the programs of governments since the establishment of the state in 1990 to 2023, not all governments addressed freedom of belief. In terms of violations affecting freedom of belief, Yemen's religious minorities will be divided into four groups, and the violations committed against each of them will be addressed as follows:
The Ismailis are the second largest Shiite Muslim group after the Twelvers, and modern Yemen knows of these two main groups: the Daoudi Ismailis (Al-Bohra) and the Sulaymaniyah Ismailis (Al-Makarmeh), and their number is about 68,229. As for the population distribution, they are confined to Sana 'a Governorate. Haraz area constitutes the largest gathering of Ismailis in Yemen, where they reach about 50,000 individuals, half of whom are from Al-Makarmeh and the other half from Al-Dawudiyah (Al-Bohra). The Hamadan District has 184 individuals living in the village of Taibah, and 45 others in the village of Beit Al-Ameer, and Ibb Governorate. The districtof Aras is the second largest gathering of Ismailis in Yemen, where about 15,000 individuals live, most of them from Al-Mukarmeh, and about 3,000 others live in the Directorate of Al-Odain.[28]
Because they are not accepted by other religious groups and sects, the Ismailis in Yemen have endured ongoing abuse and violence up until this point. Their lack of acceptance stems from the ongoing internal differences that occasionally arise within the same sect due to secrecy and concealment between members, which creates doubts and ambiguities. Philosophical and intellectual flaws also prevented their scholarly endeavors from being published or noticed by a wider audience. Thousands of Ismailis have been killed and eradicated throughout history. [29]
The Ismailis have recently been subjected to many violations, the beginning of which was by declaring them Kafir and harassment by some preachers of the Islah Party, and then the violations that occurred to them increased after the outbreak of the war in Yemen. The war was a reason for the existence of a fertile environment for extremist groups that are hostile to everyone who disagrees with them religiously. Many obstacles were placed in front of this sect to prevent it from practicing its rituals such as visits to shrines in Haraz and Jableh, and many direct violations that they are exposed to, and threaten their lives, freedom and property, starting with an attempt of kidnapping a businessman from Al-Bohra and his son by Islamic extremists in 2015, and the explosion of a car bomb in front[30] of Al-Fayd Al-Hatimi Mosque in Sana 'a in the same year, which led to the death of at least three people, and the Houthi group had previously raided and closed the center before, and the arrest of a number of followers of the Saudi-led Arab coalition coming from India, before they were released after that, and the Ismailis were subjected to many harassment and arrests, even death threats and large fines, which led many of them to leave Yemen out of fear for their lives and their property in light of the insecurity and the abscense of a state that must protect minorities.[31]
Although the Baha'is in Yemen say that their activity in Yemen dates back to the nineteenth century, their public appearance came only in November 2015, where the Baha 'is announced their presence as an official component. As for their number, sources differed in determining their number, but a number of human rights and media references said that their number is between 1000-2000, and some of references say several thousand. It is worth mentioning that the Baha'is are a mixture of members of well-known Yemeni tribes and city dwellers. There are also very few non-Yemeni origins who are in Yemen and live in many Yemeni cities, the most important of which is Sana 'a[32]. Baha'is suffer a lot of harassment and persecution. Yemeni religious scholars have classified them as an infidel and malicious movement aimed at destroying Islam, considering that their holy book is different from the Qur 'an, and that their prayers and prophet are different from the prayers of Muslims and their prophet, and they consider them apostates.
As for the beginnings of violations against Baha 'is, they date back to 2008, starting with a wave of arrests against the sect by the National Security. On December 3, 2013, the case of the well-known Yemeni Baha 'i detainee Hamed bin Haydara was arrested by the National Security. In 2014, the Criminal Prosecution began an intensive media campaign against Baha 'is aimed at distorting their reputation and intimidating public opinion of this minority. In 2015, Akram Saleh Ayyash was detained for one day in a police station on charges of promoting Bahaia. On August 10, 2016, National Security forces attacked, in a first of its kind, an event organized by one of the licensed Baha 'i institutions on the occasion of International Youth Day. The forces that raided the site with weapons arrested collectively 67 individuals, including women and children. On April 17, 2017, as the most important Baha 'i holidays approached, National Security began a new and widespread campaign of arrests against Baha 'is, men and women. On January 2, 2018, Judge Abdo Ismail Hassan Rajeh issued a ruling to execute Hamid bin Haidara and confiscate all his property. Judge also ordered the closure of all Baha'i institutions and forums in the country. On October 11, 2018, Abdullah Al-Olofi[33], the Bahaai spokeswoman was arrested. Many other violations suffered by Baha 'is[34].
In May 2021, security forces affiliated with the Houthi group raided the homes of 20 Baha 'is in Sana 'a and arrested them. In August of the same year, they arrested more than 65 Baha 'is who were participating in a youth workshop in Sana 'a. Additionally, in Sana 'a, 11 Bahaais were abducted, five of whom are currently being held captive and have not been seen since[35]
It is true that violations against the Baha 'is began in 2008, but recent events have clearly demonstrated that the Houthi group is the main party responsible for the current persecution of Baha 'is in Yemen. It is not possible in any way to compare what was happening before Houthis came to power in Sana 'a with what is happening to Baha 'is now in their areas of control. Baha 'is are subjected to great and systematic pressure by the ruling authorities, especially in Sana 'a, where the Houthi group has taken control, describing it as a satanic movement and inciting against it.[36]
Christianity has a historical extension in Yemen since ancient times and has been subjected to many violations throughout the ages, but what began clearly in public is what Christianity suffered after the outbreak of the war in Yemen since 2015. Christianity has been carrying out its religious rituals secretly and they were waiting before the war for a decision from the government on whether to allow them to build institutions belonging to their sect. According to Human Rights Watch report, Yemen's Christians are estimated at about 41,000 indigenous Yemenis and refugees from abroad, including indigenous Yemeni Christians who do not dare to speak out about their beliefs, and some of them are threatened every day as apostates and deserve death, and because of extremism that has increased in recent years as a result of the civil war that dissolved the existence of the state and showed many extremist armed militias that reject the existence of the others of different religons.[37]
Christian violations are not like those of other groups. Christians face discrimination not only from the government but also from the so-called conservative society, which rejects diversity and views it as a threat to its own existence. A number of violations against Christians have occurred recently, beginning with the murder of the three American doctors in the Southern Baptist Church in the city of Jiblah in the Yemeni province of Ibb in December 2002, which was attributed to Al-Qaeda. Other incidents include the burning of the Badri Church in Crater in Aden by Islamic extremists, the demolition of the English cemetery in the city of Mualla in Aden, the burning of the Catholic Church of St. Joseph in 2015, and numerous other incidents in which Christians have been forced to flee Yemen for their lives. [38]
What links the four previous minorities, despite the difference in their ideology, is the ongoing violations of their religious freedom in a state that has ratified international conventions and covenants related to human rights, but there is no implementation of them on the ground, especially after the events that took place in the country since 2015, the situation became dire in light of the absence of a state that protects and human rights. The European Center for Law and Justice indicated that while Yemen allegedly supports freedom of belief and conscience, it believes that anyone changing his religion and announcing that change would create unrest and harm greatly the social stability and security[39].
Finally, the right to free belief in the Republic of Yemen can only be realized if society is made aware of the acceptance and coexistence of difference. Not everyone who practices a different faith is considered an enemy, even if he is one of my fellow citizens. The Republic of Yemen's ratified international and regional covenants and charters should be activated, as well as the right of religious minorities in Yemen to live safely in their homeland and to practice their faith without prejudice or bias.
[1] Ayed Sabah, Supreme Constitutional Court and its role in upholding citizenship rights and consolidating its duties, ktab Inc , available at https://2u.pw/UzTtFs een on17/2/2023 at 9:23PM
[2] International and regional agreements signed by Yemen National Information Center , https://2u.pw/nBQaC7 , seen on 19/3/2023 at 9:26PM
[3]Ibid.
[4]Ibid.
[5]United Nations, Universal Declaration of Human Rights 1948 , Article 18 , available at https://www.un.org/en/about-us/universal-declaration-of-human-rights Seen on (24-2-2023, 9:43PM)
[6] United Nations, International Covenant on Civil and Political Rights 1966, Article 18, available at https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx Seen on (24-2-2023, 10:11PM)
[7] United Nations, International Covenant on Economic, Social and Cultural Rights 1966Article 13 Available at https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx Seen on (24-2-2023, 10:33PM)
[8]International Committee of the Red Cross. (2019). Customary IHL Database: Rule 62. Respect for Convictions and Religious Practices. https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_rul_rule62 (23-2-2023, 5:30PM)
[9] United Nations, Convention on the Rights of the Child General Assembly Article 14 Paragraphs 1-3, 1990 Available at https://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx (20-2-2023, 4:22PM)
[10] United Nations, United Nations General Assembly Resolution on the Elimination of All Forms of Discrimination Based on Religion or Belief, Resolution 55/36, available at https://undocs.org/A/RES/36/55, accessed 23 February 2023 at 3:34pm.
[11]United Nations General Assembly. (2014). Global efforts to combat terrorism. https://undocs.org/en/A/RES/69/178 (25-2-2023, 3:54PM)
[12] United Nations, United Nations General Assembly Resolution 73/296 on the Promotion of Tolerance and Respect for Cultural and Religious Diversity, issued in 2019 , available at https://undocs.org/A/RES/73/296 Seen on (24-2-2023, 12:15PM)
[13]Council of Europe (1950). European Convention on Human Rights. https://www.echr.coe.int/Documents/Convention_ENG.pdf (2023-1-29, 10:9)
[14] Arab Organization for Human Rights , Cairo Convention on Human Rights in 1969 , Article10, available at https://www.ohchr.org/ar/professionalinterest/pages/ccpr.aspx Seen on (2023-2-1, 9: 22PM)
[15] The Arab Organization for Human Rights, the Arab Charter on Human Rights issued in2004 , Article 30, the same as the previous source
[16] Jubran Harmal, The Reality of Human Rights in Yemen Between Theory, Arab Unity Center forStudies https://2u.pw/oGEbwy, seen on 20/3/2023 at 7:9PM
[17] Republic of Yemen Human Rights Report to the Human Rights Council , May 2009, National Information Center: https://yemen-nic.info/news/detail.php?ID=21718
[18] Article 2 of the Yemeni Constitution "Constitution of 1991-1994 - 2001 amendments - National Information Center: https://yemen-nic.info/db/laws_ye/dostor.php?ID=5846
[19] Article 42 of the Yemeni Constitution "Constitution of 1991-1994 - amendments of 2001", National Information Center: https://yemen-nic.info/db/laws_ye/dostor.php?ID=5846
[20] Article 41 of the Yemeni Constitution "Constitution of 1991-1994 - 2001 amendments - National Information Center: https://yemen-nic.info/db/laws_ye/dostor.php?ID=5846
[21] Draft Constitution of the Republic of Yemen issued in 2015 Article 75, National Information Center: https://yemen-nic.info/db/laws_ye/dostor.php?ID=5846
[22] Article 82 Ibid.
[23] Outputs of the National Dialogue, Rights and Freedoms, Right of Thought Article 137- 138- 139
[24] Ibid., Political Foundations, Article 8.
[25] Religious Minorities in Yemen, Equity Available at https://2u.pw/xhOGeJ Seen on 14/03/2023 at 1:50PM
[26] International Report on Religious Freedom in Yemen, U.S. Embassy in Yemen Available at https://2u.pw/Q1rtbH Seen on 14/03/2023 at 2:31PM
[27]previous source
[28] Mohammed Al-Mahfali, Iman Humaid, Minorities in Yemen, Reality and Challenges, Ensaf Center for the Defense of Freedoms and Minorities, 2019, p. 47 available at https://2u.pw/4016mS seen on 29/3/2023 at 11:14PM
[29] United Nations, Ismaili Human Rights Activist in Yemen: We Suffer from Political Exclusion after the Revolution, available at https://2u.pw/UCRAjq accessed 29/3/2023 at 12:02PM
[30] ISIS adopts the bombing of Al-Bahra Mosque in Sana 'a – Al-Jazeera Net : https://rb.gy/56yjd1
[31] Mohammed Al-Mahfali, previous source. Cit., P. 50
[32] Baha 'is in Yemen, (2019), Official Website of the Baha ' is in Yemen , available at http://www.bahaiye.org/AR/About/Default.aspx , accessed 29/3/2023, 9:12PM
[33] Report to the United Nations on the Universal Periodic Review of Yemen 2018, Mwatana for Human Rights, available at https://2u.pw/toTtvt, accessed 3/22/2032, 10:23PM
[34] For more, see Mohammed Al-Mahfali, previous source. Cit., P. 61
[35] UN Human Rights in Yemen, Violations Targeting Baha'is, 24/4/2024, https://www.ohchr.org/en/countries/yemen/our-presence
[36]Ibid. page 63
[37] Ibid. page 69
[38] Mohammed Al-Mahfali, previous source. Cit., P. 70
[39] Summary of the Universal Periodic Review of Yemen – Fifth session 2009: https://www.upr-info.org/sites/default/files/documents/2013-08/ahrcwg.65yem3a.pdf
