YEMEN: SOUTHERN TRANSITIONAL COUNCIL MUST END CRACKDOWN ON CIVIC SPACE

The International Covenant on Civil and Political Rights (ICCPR), to which Yemen is a party, protects the rights to freedom of expression, peaceful assembly, and association

The Southern Transitional Council (STC) de facto authorities must end their ongoing unlawful and arbitrary restrictions on the work of civil society organizations and human rights defenders in the southern governorate of Aden, Amnesty International said today.

Since early 2023, the STC has adopted a series of measures that increasingly restrict the work of Yemeni civil society organizations, flouting existing local associations law and international human rights standards. The restrictions include requiring organizations to apply for permits from STC-run ministry of Social Affairs and Labour and STC-run National Authority for Southern Media to conduct public activities or risk their activities being banned or shut down, as well as imposing burdensome bureaucratic requirements such as excessive reporting. In some cases, the ministry has denied funds or projects to organizations deemed politically opposed to the STC. 

“It is shameful to see STC de facto authorities hampering the vital work of civil society organizations and human rights defenders instead of ensuring that they can continue to provide their desperately needed support to civilians who are grappling with the devastating impact of the ongoing armed conflict,” said Grazia Careccia, Amnesty International’s Deputy Regional Director for the Middle East and North Africa. 

“STC de facto authorities’ unlawful and arbitrary measures are fostering a climate of intimidation and fear and restricting the rights to freedom of expression, association and participation in public affairs.”

STC de facto authorities’ unlawful and arbitrary measures are fostering a climate of intimidation and fear and restricting the rights to freedom of expression, association and participation in public affairs.

Grazia Careccia, Amnesty International’s Deputy Regional Director for the Middle East and North Africa

Restrictive and arbitrary measures

Amnesty International interviewed six representatives of Yemeni civil society organizations working on social development and human rights in Aden. 

All six organizations’ representatives said that contrary to the Yemeni Associations and Foundations Law of 2001, the STC is now insisting that organizations apply for permits from the STC-run Ministry of Social Affairs and Labour and the STC-run National Authority for Southern Media to conduct their activities in Aden. To obtain the permits, they are required to provide onerous detailed reports on their planned public activities which must include information about the place, time and purpose of the activity, number of participants, source of funding and expected outcomes. On some occasions, the authorities requested a list of the names of participants of an event or the beneficiaries of a programme. 

Two organizations told Amnesty International that STC prohibited them from conducting their activities between November and December 2023 because they did not apply for a permit.

A representative of an organization working on social development said:

“We planned a cultural public event at our office and shared the invitation on social media platforms. Afterwards we immediately received a call from the National Authority for Southern Media saying the event is banned because we did not apply for a permit. […] They are imposing arbitrary restrictions on us that have no legal basis.”

In December 2023, the National Authority for Southern Media, which was established without clear legal basis in 2021 by head of the STC issued a memo, reviewed by Amnesty International, banning hotels and public halls from hosting conferences, activities, training or awareness raising workshops, focus group discussions, debate panels, or dialogue forums unless they obtain permits from the authority.

We planned a cultural public event at our office and shared the invitation on social media platforms. Afterwards we immediately received a call from the National Authority for Southern Media saying the event is banned because we did not apply for a permit. […] They are imposing arbitrary restrictions on us that have no legal basis.

Representative of a civil society organization in Aden

Obtaining a permit, however, does not even guarantee that an activity can take place. One representative of a human rights organization told Amnesty International that despite obtaining a permit from the STC de facto authorities, they ordered the hotel manager to close the hall, expel staff and shut down their event arbitrarily without providing an explanation.

She said: “The STC authorities are not only restricting civic space, but also, they are threatening the existence of civic space.”

All interviewees reported that organizations that are not politically aligned with the STC de facto authorities face more scrutiny and restrictions and risk being excluded from the Ministry of Social Affairs and Labour funds and projects. One representative said the ministry excluded them from all projects and funds because their organization was considered to be affiliated with the STC political opponent, the Islah party:

“We are not allowed to do any work in the field unless we closely coordinate every step with the STC local authorities, or they will stop our work…They also ask for the names of all our beneficiaries.”

“These restrictive and arbitrary measures have a chilling effect on all civil society organizations and human rights defenders, The authorities have instilled an environment of fear in which civil society can no longer operate safely,” said Grazia Careccia.

‘We are self-censoring our work’

Four organizations said that they were obliged to self-censor and scale back their activities to avoid having to navigate the excessive scrutiny and restrictive burdensome requirements, which would put strains on their limited human resources. One representative of an organization said:

“We are self-censoring our work so that our projects and activities do not get rejected from the authorities […]. My activities went down because I no longer have a free space to operate in. We fear [being sent to] secret prisons and [of] assassinations.”

“The Yemeni government must fully abide by its obligations under international law and repeal all restrictive laws, regulations and practices that violate the right to freedom of expression, association, and peaceful assembly. Civil society organizations must be able to operate in a safe and enabling environment free from fear and reprisals,” said Grazia Careccia.

Background 

The International Covenant on Civil and Political Rights (ICCPR), to which Yemen is a party, protects the rights to freedom of expression, peaceful assembly, and association. The right to freedom of association, enshrined in Article 21 of the ICCPR, specifically protects the right of individuals to form or join formal or informal groups to take collective action to pursue a common goal. Restrictions on the work of civil society organizations, including by imposing onerous registration requirements or other administrative burdens, must be as unobtrusive as possible with due regard to the significance of the interests at stake.

The UN Declaration on Human Rights Defenders further highlights the importance that civil society organizations play in the promotion and protection of human rights. The Declaration articulates the importance that civil society organizations are able to freely exercise the rights to association and expression, including through activities such as seeking, obtaining and disseminating ideas and information; advocating for human rights; and engaging in governance and the conduct of public affairs.